The North Miami Chief of Police would like a $50,000.00 blank check in order to “promote positive police image.”
The North Miami cellphone store owner who was beaten to within an inch of his life during a robbery on January 11th, however, would prefer substance over style.
Going only by his first name, Ronnie “declined to show his face on camera,” but told WSVN Channel 7 that this was the second time his store has been robbed. Pleading for more police presence, he said, “I would like to see a lot more cops over here in this plaza, just ’cause a lot of people got businesses here, and it happens a lot.”
Police presence seems to be a mere afterthought on Chief Lenny’s mind.
If he even thinks about it at all.
According to the Agenda for tonight’s city council meeting, Chief Lenny is requesting additional funding for “community projects and events, necessary to promote positive police image; crime prevention; equipment and supplies; etc. and for other law enforcement purposes.”
Attached to the Agenda as Tab E is his request for authorization by the North Miami Police Department to expend the sum of $50,000.00 from the “Federal Equitable Sharing Fund (Treasury) Law Enforcement Trust Fund,” which is also known as civil asset forfeiture.
In his memo, the Chief cited examples of “community programs, events, equipment suppliers and other sample past expenditures.”
It’s unclear how any of these expenditures are actually “necessary to promote positive police image,” but whatever.
Interestingly, when a police department appeals to its local governmental body for an appropriation of forfeiture funds, the request typically incorporates a complete and excruciatingly detailed accounting of how these funds are intended to be used.
In North Miami Beach, for example, on January 7, 2014 the police department submitted an appropriations request in the form of a Memorandum to the Mayor and Council, requested through the City Manager’s office, for the total sum of $1,452,000,00. The bulk of these funds, $952,000.00, were requested from the Federal Justice Law Enforcement Trust Fund (Fund 172), and the remaining $500,000.00 were requested from the State/Local Law Enforcement Trust Fund (Fund 173).
Then-Chief of Police J. Scott Dennis also attached a detailed list of the intended use for these funds, which included task force expenses, police training, rental vehicles for the gang and task force use, marine patrol task force expenses, an upgrade of the firearms simulator equipment, upgrade of the police department’s telephone system, and a conversion of old microfiche records to .pdf format.
And, finally, Chief Dennis also attached a financial status report for all forfeiture funds expended to date during that fiscal year.
Chief Lenny’s memo to the North Miami City Council, however, merely asks for a lump sum of $50k for an unspecified purpose, and only included a list of things that the LETF has funded in the past, such as:
- LEO Awards Gala
- NOBLE (National Organization of Black Law Enforcement Executives) 7th Annual Fundraising Scholarship Golf Tournament
- NOBLE Awards & Scholarship Fundraiser
- PBA Law Enforcement Awards Gala
Chief Lenny’s “Sample of Past Expenditures” also included other items that he deems “necessary to promote positive police image,” such as the laughable Police Community Walk & Talks, attendance at the Mayor’s Gala (justified as a donation to the Police Athletic League), as well as Chief Lenny’s Participation Trophy Awards, a/k/a “Plaques (Retirement, Meritorious, etc.)”
Paragraph (5)(a) of Florida Statute 932.7055, Disposition of Liens and Forfeited Property, is very specific about how these law enforcement trust funds may be expended. The law states, “Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention programs, or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations, providing additional equipment or expertise, purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency.” [Emphasis mine.]
Furthermore, paragraph (5)(b) clearly states that the police chief’s request for forfeiture funds must be “accompanied by a written certification that the request complies with the provisions of this subsection.”
In addition, paragraph (5)(c) also specifies that the request must be “accompanied by a written certification that the moneys will be used for an authorized purpose.”
Chief Lenny’s ambiguous wish list does not appear to comply with any of these statutory requirements.
The U.S. Department of Justice announced in December that it will no longer share federal forfeiture funds with state and local law enforcement agencies. In a press release dated December 21, 2015, the DOJ advised that “funds already disbursed to state, local and tribal agencies may continue to be expended and reported in accordance with the Guide to Equitable Sharing.”
The federal guidelines are also very specific as to how these funds may and may not be used. For example, while the DOJ does permit expenses on things such as law enforcement investigations, training, equipment, and even “law enforcement awards and memorials,” it specifically forbids the “purchase of food and beverages” with the exception of “conference packages” and “meals during local operations.”
Perhaps the $2,250.00 the police department spent on the Mayor’s Gala, which included “the purchase of food and beverages,” probably should have come from the police department’s budget and not LETF funds.
And while DOJ guidelines permit LETF funds to be used for law enforcement vehicles, Chief Lenny’s $6,500.00 refurbishment of the so-called “Crime Prevention Armored Truck” was the equivalent of putting lipstick on a pig. Just ask cellphone store owner Ronnie how well the police department’s clunker of a decoy truck worked out for him.
The concept of the civil asset forfeiture program is extremely controversial. In its aim for criminal law reform, the American Civil Liberties Union cautions:
Police abuse of civil asset forfeiture laws has shaken our nation’s conscience. Civil forfeiture allows police to seize — and then keep or sell — any property they allege is involved in a crime. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.
Forfeiture was originally presented as a way to cripple large-scale criminal enterprises by diverting their resources. But today, aided by deeply flawed federal and state laws, many police departments use forfeiture to benefit their bottom lines, making seizures motivated by profit rather than crime-fighting. For people whose property has been seized through civil asset forfeiture, legally regaining such property is notoriously difficult and expensive, with costs sometimes exceeding the value of the property. With the total value of property seized increasing every year, calls for reform are growing louder, and CLRP is at the forefront of organizations seeking to rein in the practice.
The Miami Herald and other news organizations have recently revealed how easily these programs can be – and have been – abused by local law enforcement agencies. Because of the potential for abuse, it is incumbent upon local governments to guarantee strict oversight of forfeiture funds.
By virtue of their positions as elected officials, the North Miami Mayor and Council are the financial stewards of the city’s Law Enforcement Trust Fund. As such, they have the sole responsibility to insist that the Chief’s bid for funding is submitted according to state and federal laws, and to guarantee that those funds are expended in accordance with those legal standards.
The Chief’s vaguely worded request for LETF money falls woefully short of those standards.
Then again, with Lenny as the CEO of the North Miami Police Department, the bar has never been lower.
Stephanie Kienzle
“Spreading the Wealth”
Stop telling all our secrets to the good citizens of North Miami. This information is on a need to know basis and they don’t need to know. We are Chief Lenny’s loyal followers because we get to play golf, go to black tie galas and eat free food at every one of these operations. That’s the way we like it and as long as we back Lenny we get to put on the feed bag all paid for by you, our gullible, I mean loyal, tax payers. So shhh, we have a good gig going and if you keep running your blogger mouth you’re going to screw up our gravy train.
I mean really Ms. Blogger Lady, do you really think that this is about protecting the people or preventing crime? Hell no! We have priorities. That means golf, flag football, parties and galas. We ain’t got time for crime fighting. Who do you think we are, Batman? No. We’re Lenny’s Boys!
So to to what ever is leaking the information that we get catered food every time we have one of these operations and that said catered food comes from the local restaurants that Chief Lenny is greasing the wheels stop it. Just stop it. Stop talking about our golf tournaments where cops are drinking beer and playing 18 holes paid for by the city. You also have to stop talking about all that money going to NOBLE and LEO awards and PBA galas, it’s nobody’s business that Chief Lenny is a member of NOBLE and that his big buck donations help him move up the food chain.
We are the North Miami Police Department and Chief Lenny has immunity from all wrong doing!
I have to go shine my golf shoes now, Chief Lenny needs me to caddy for him and hold his beer while his Chica Rica ducks in his golf cart to hide from his wife.
Peace out!
That’s a lot of money for flag football.
If they really want to “promote positive police image” all they have to do is:
1- Prevent/stop crime
2- Protect the people of North Miami
Oh wait!
Don’t they get paid to do THAT?
Hey Lenny stop handing out participation award plaques to your command staff and you’ll have money left to fund the award plaques of those officers who actually deserve getting an award. Actually, just stop being chief and we will be alright. Go away Lenny, and take midget felony past budget fudge man Jorge “Willy Wonka” Manresa with you too. Please find the pd another budget guy who actually knows what he’s doing. And take his police car away and give it to a real cop. So much we can do to save money.
The best way to “promote positive police image.” is to get rid of Leonard Burgess as the Chief of Police and some of his command staff. Now, that’s not difficult to understand!
And it won’t cost the taxpayers a dime!!!!
Actually, LETF funds are not taxpayer money. This does not mean, however, that there should be no accountability. On the contrary! The disposition of these funds are subject to state and federal laws, which makes it even more crucial that someone other than the fox is watching the hen house.
Stay with these guys, you’re helping a lot of people.