Chief Zack deserves a medal for sticking with us after all that he has been through with the “defund the police” movement in Asheville. It would be terrific if he could be allowed to spend his department’s energy instead on preventing/deterring and solving crime here rather than fighting for every penny he needs to accomplish those goals.
Opposition to HIDTA Grant Application
A responsibility of the APD Financial Business Manager (Elise Lewis) is to identify available grant funding in support of public safety objectives. She then presents information on the funding opportunity to the Asheville Public Safety Committee with a request for them to advance a resolution to the city council that will authorize the city manager to apply for a HIDTA grant for $204,638. The funds are not used to enforce simple possession charges or to implement some new policy or program. They will instead be used to reimburse City of Asheville taxpayers for expenditures in support of the enforcement of laws against trafficking, manufacturing, and distribution of illegal drugs. The grant can only be used to fund the Asheville HIDTA, which is comprised of members of the United States Drug Enforcement Administration, one officer from the Asheville Police Department, and various individuals from the Sheriff’s Offices of several Western North Carolina Counties.
If the Public Safety Committee approves APD’s proposed resolution, it then makes its way to a regular meeting of the full City Council. If City Council passes the resolution, the City Manager can apply for the grant funds and reimburse city coffers. If City Council does not pass the measure, the city will not be reimbursed for enforcement costs that will nevertheless be incurred. Council member Roney sought to prevent the proposal from advancing beyond the committee. Instead of allowing her to waste more time on obstructive protests, Kilgore and Smith voted to submit the proposal to City Council.
Not Enough Info
At the September 13 regular meeting of the Asheville City Council, citizen Grace Barron-Martinez told council members that if they pursue this funding, they should reduce APD’s budget by $204,638. She wants that money to be reallocated to community harm-reduction programs, which is not an option for this particular grant.
When it was time to vote, Ms. Roney protested that she does not have enough information on the outcomes of HIDTA (a program that has existed since 1988). She attempted to justify her “no” vote with more gaslighting. She argued that violent crime is a greater priority, and we don’t have enough resources to work on violent crime while continuing the war on drugs, “which, as we know, doesn’t address the root causes of crime,” she said.
This argument is irrelevant, and (of course) she knows that. Are we to believe that Roney is as misinformed as Ms. Barron-Martinez? Applying for a HIDTA grant does nothing to stretch APD resources. No. Instead, the grant reimburses city taxpayers for funds already spent. What exactly does Roney think she is accomplishing for the City of Asheville with her obstruction of this grant application?
Opposition to Use of Asset Forfeiture Funds
Ms. Lewis also proposed an ordinance allowing APD to spend $419,214.47 in funds seized from the proceeds of criminal activities. APD’s planned use of the funds included a new DNA Analyzer system, replacing an end-of-life bomb robot, and advanced Forensic training for four Forensic Technicians. The funds are the result of State and Federal seizures received since 2019. A budget amendment is required in the City’s Special Revenue Fund to spend the funds.
As expected, Council Member Roney sought some means of either killing or delaying the proposal. She wanted to know if the funds could go to some local nonprofit instead of the police. City Attorney Brad Branham patiently explained that the federal Department of Justice administers the Asset Forfeiture Program and that they impose a cap of $25,000 on funds given to community agencies. They also require that the police department follow stringent monitoring and auditing requirements on agencies receiving the funds. Mr. Branham also responded to Smith’s and Roney’s concerns for the criminals who had possessed the assets before they were seized. As it happens, asset seizures do not occur until after a criminal case has been adjudicated – as they may be required for evidence during the criminal proceedings.
While opposed to the Federal Asset Forfeiture program, Vice-Mayor Sheneika Smith agreed with Chief Zack and Council Member Kilgore that there is enough information available for making a decision and that the proposal should advance to the whole city council for consideration. Kilgore and Smith voted to send the proposal to the full City Council. The measure was added to the agenda for that evening’s regular City Council Meeting.
Later That Day….
As usual, the meeting opened with everyone except Roney facing the flag and reciting the Pledge of Allegiance. The City Council then approved the consent agenda, except for the proposal for spending the forfeiture funds.
Smith opened the 12-minute discussion by misinforming those present that “a lot of times, the money is allotted and spent before an arrest or conviction is made.” Mr. Branham patiently explained how the funds forfeiture proceedings cannot begin until after the criminal proceedings have concluded. Vice-Mayor Smith then complained that APD needs to listen to ideas from “community policing” advocates instead of allowing APD to determine how to spend the funds. Council member Roney began her remarks with reference to the ACLU’s warnings against “policing for profit.” Then without presenting any evidence, she announced that most of the seized assets “resulted from the failed war on drugs” and that the funds should be spent on the communities from which the funds were extracted.
The measure was approved, with Roney and Smith opposing it.
Kim Roney is the face and hands of Asheville’s defund movement.
You can support the police by demanding her removal from the Public Safety Committee. Don’t just say you support the police. Please do it.
More information on HIDTA:
Their website states, “The Office of National Drug Control Policy (ONDCP) is a component of the President’s Executive Office. The mission of ONDCP is to reduce substance use disorder and its consequences by coordinating the nation’s drug control policy through the development and oversight of the National Drug Control Strategy and Budget.” This agency administers the High Intensity Drug Trafficking Areas (HIDTA) and Drug-Free Communities (DFC) grant programs. Through the HIDTA program, ONDCP supports collaborative Federal, state, local, and tribal law enforcement and public health efforts to address overdoses and disrupt drug trafficking and production. ONDCP supports community-led efforts to reduce youth substance use nationwide through the DFC program.
