Nevada County Picayune and Gurdon Times Newspaper Archive

Marshall Requests Closed Meeting At Council (cont)

ts in the paper anyway."

Smith said if the money is available it is up to the council to amend the budget accordingly. If the money isn't there, however, nothing can be done.

In discussing the checking account, Childres said the money was sent to him and he was told to put it in an account.

He informed the council $380 was spent to buy 18 black knit golf-style shirts for the department, and about $100 was used for an undercover drug buy.

"We have the stuff for the auditor to show where the money went," he said.

Smith agreed for the GPD to operate effectively it needs money for drug deals. However, in the past the department requested funds from the city's petty case fund. The problem, he said, is opening an account no one had knowledge of but the GPD.

"We didn't to it to work behind y'all's back," Childres said. "We did what we were told. We like to have money if we need we can get our hands on at 11 at night.

"The only way this money can be used is for this purpose."

Smith said other cities have had similar problems with such money and how it's handled.

He said under an attorney general's opinion a city can control such an account if it so chooses. The opinion also states the funds need to be identifiable so they can be properly audited.

The police departments, under the opinion, do not have exclusive control of such funds, but can have primary control.

Childres said it was his understanding a certain amount of money could be spent without the council's approval or knowledge.

Smith agreed, but added this money was not appropriated by the council through the city's normal revenue sources and was not in the department's budget.

He said this account can be set up and used like the city fines II account, which is completely under the domain of the GPD.

However, the council needs to have some knowledge of this type of money, he said.

The council agreed to set up an account for this type of money, which will not be placed in the city's general fund, as Childres feared and stated.

The account will be established by ordinance with a chain of command for its use.