Delano Municipal Code Ch. 9.90 Ongoing Major Criminal Investigation Reward Program

For the purpose of this chapter, the following words and phrases shall be construed as set forth in this section unless it is apparent from the context that a different meaning is intended:

"Information" means telephonic, written, or verbal information that is provided to law enforcement that, based on the substance of the information provided, leads to an arrest and subsequent prosecution of a suspect(s) for the specific case for which a reward has been offered by the Delano Police Department.

"Informant" means a person who provides telephonic, written, or verbal information that, based on the substance of the information provided, leads to an arrest and prosecution of a suspect(s) for the specific case for which a reward has been offered by the Delano Police Department.

"Kern County Secret Witness Program" (KCSWP) is a countywide program designed to pay community members for anonymous information leading to an arrest and prosecution of a suspect meeting the payment criteria.

"Ongoing major criminal investigation" means any investigation that is classified as a crime against any person or property, to include but not limited to, rape, sexual assault, robbery, murder, aggravated assault, arson, burglary, or any other investigation where the community at large has a substantial interest in a successful arrest of a suspect(s), because the safety of the community is at risk.

"Reward" means public funds that the city manager, at the recommendation of the chief of police, may dispense to a person in accordance with this chapter.

(Ord. No. 2013-1269, § 1(exh. A), 11-18-2013; Ord. No. 2020-1318, § 3(Exh. A), 8-27-2020)

The city manager, at the request and recommendation of the chief of police, may offer a reward for information that leads to the identification, arrest, and prosecution of a suspect(s) of an ongoing major criminal investigation being conducted by the Delano Police Department. Rewards for information regarding ongoing major criminal investigations will only be offered when the chief of police, or his designee, has notified the city manager that a reward program could be beneficial in encouraging the community to report information that would likely produce investigative leads.

The chief of police may utilize the KCSWP to advertise unsolved cases and seek assistance from the community in providing information. Delano reward funds may be dispersed to informants through the established KCSWP.

(Ord. No. 2013-1269, § 1(exh. A), 11-18-2013; Ord. No. 2020-1318, § 3(Exh. A), 8-27-2020)

A maximum reward of fifty thousand dollars shall be budgeted yearly into each fiscal year budget of the Delano Police Department and placed into a trust fund. Any funds remaining in the reward fund not expended at the end of the fiscal year budget shall be carried over into the next fiscal year and additional allocations shall be added annually to the reward fund in an amount not the exceed fifty thousand dollars.

Private reward funds raised by the community, businesses, or other groups for the purpose of identifying suspects responsible for Delano crimes shall be directed to the KCSWP and shall not [be] co-mingled with public funds and will not be accepted or administered by the city. The chief of police or designee will coordinate with KCSWP to ensure such cases are advertised and informants paid when criteria for payment has been met.

(Ord. No. 2013-1269, § 1(exh. A), 11-18-2013; Ord. No. 2020-1318, § 3(Exh. A), 8-27-2020; Ord. No. 2021-1330, § 3(Exh. A), 9-7-2021)

The standard reward amount authorized under this chapter shall be determined by the chief of police and/or city manager, but shall not exceed the fund balance for each ongoing major criminal investigation for which a reward is offered. In those rare instances where a significant crime is involved, the city manager may authorize a reward amount up to the entire reward fund balance. Any and all requests for additional funding, if any, shall be approved by the city council.

(Ord. No. 2013-1269, § 1(exh. A), 11-18-2013; Ord. No. 2020-1318, § 3(Exh. A), 8-27-2020)

The following criteria shall be used before any reward payment is authorized and paid to any person:

A. The information provided led to the prosecution of the suspect(s) for the crime for which the reward was offered.

B. That the person who provided the information was not a principal, accessory, or a party under investigation in the crime investigated.

C. That the person broke no laws of the State of California to obtain the information provided.

D. That the law enforcement did not already possess the information provided by the person.

E. In the opinion of the prosecuting deputy district attorney for the county in which the crime(s) were prosecuted, the prosecution was greatly advanced by the information provided.

(Ord. No. 2013-1269, § 1(exh. A), 11-18-2013; Ord. No. 2020-1318, § 3(Exh. A), 8-27-2020)

Once a reward is approved for payment by the city manager or his/her designee, and upon the recommendation of the chief of police, the director of finance shall cause such payment to be made, but only after all required accounting practices consistent with the City of Delano policies have taken place.

(Ord. No. 2013-1269, § 1(exh. A), 11-18-2013; Ord. No. 2020-1318, § 3(Exh. A), 8-27-2020)

The city is under no obligation or duty to any community member or any other person, group, or entity to offer a reward program, and may exercise its rights to terminate or modify the reward program at any time for any reason, to include, but not limited to, lack of funding.

(Ord. No. 2013-1269, § 1(exh. A), 11-18-2013; Ord. No. 2020-1318, § 3(Exh. A), 8-27-2020)