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Some Montgomery County Council members say that County Executive Isiah Leggett is using a drug enforcement fund inappropriately and are pushing for more control over police spending.

Council President Philip M. Andrews (D-Dist. 3) of Gaithersburg and Councilwoman Duchy Trachtenberg (D-At large) of North Bethesda have asked that council attorney Michael Faden examine the law regarding distribution of the Montgomery County Police Drug Enforcement Fund.

The council members say that the law might not allow the $2.5 million fund to support a fleet of helicopters, as Leggett and the department have proposed.

Some council members also say that the council, which approves the county budget, should have more authority over the fund's use.

"I think the council should decide in what areas the funds are spent," Andrews said.

The county has received two former military helicopters for free, and Leggett has said the police drug fund will be the primary source to pay for a two-year evaluation of the program. Police spokesman Lt. Paul Starks has said that the first two years of the program could cost about $1 million.

As of June 30, the drug fund had a balance of $2,548,933, Starks said.

The county code states that the money in the drug fund can be used for expenses related to "narcotics enforcement." Starks has said the helicopters would be used for search-and-rescue efforts, crime investigations, drug enforcement efforts and traffic management.

Andrews, who has publicly opposed the helicopter program, says it is an unnecessary expense at a time when Montgomery County can least afford it.

In a recent letter to Andrews, Leggett said the helicopters also could be used to manage large events, such as the county fair and annual golf tournaments.

Starks said Friday that the helicopters would be used if needed for drug-enforcement efforts, but not exclusively.

Faden said his review will address whether the funds can be used — or to what extent they can be used — on helicopters.

A county attorney ruled years ago that the Drug Enforcement Fund could be used to buy guns and other weapons for officers, because those are used in drug enforcement efforts, Faden said.

"If you take that to the extreme, the helicopter would be used occasionally to enforce drug laws," he said. "I'm not sure you can take it that far."

Andrews sent a letter to Leggett last month asking him to stop spending money on the helicopters without approval from the council, which has final say over fiscal matters.

Leggett said last week that he was not aware of the review but called an effort by council members to gain control over the money a case of "micromanagement."

Andrews said the council review of the policy and fund expenses would help ensure the "integrity of the fund."

"It's appropriate for the council to decide that the funds should be limited to certain things and not be available for any expense," he said.

Councilman Michael J. Knapp (D-Dist. 2) of Germantown said he supports the review and that the council would not feel the need to have more control over the funds if they were being spent appropriately.

The council has faced a similar issue previously, Knapp said. He cited a situation last year in which the council learned Montgomery County Public Schools was spending money it received through technology rebates on classroom technology that required three-year contracts, which the council would be asked to subsidize subsequently.

A school system official did not respond to a request for comment.

"It's for any department or agency that gets resources as a result of their ongoing activities," Knapp said, referring to a possible policy change or clarification. "How do those dollars get spent? How are they reported?

"At a time when we have limited resources, the school system had locked us into certain expenditures we couldn't afford," he said. "That's the reason it's a policy issue. The executive is doing the same thing in this case (with the helicopters)."

Councilwoman Valerie Ervin (D-Dist. 5) of Silver Spring said the issue will come up again unless it is resolved now.

"How could we allow the police through the monies they use for drug busts to fund a helicopter?" she said. "The expressed position of the County Council is that we are the funding authority for the county. That means that it has to go through us."

Trachtenberg said she also would like to establish regular reporting from the police about how the funds are being spent.

County law stipulates that the director of the police department's Special Investigations Division must make monthly and yearly reports on the fund balances and expenses.

However, no council member interviewed for this story recalled receiving a report on the fund, even though the law states they are to receive one. In an e-mail, Starks said reports were produced but that The Gazette could not view them because they include "purchases that will show what some of our investigative techniques are."

He said redacted versions could be obtained, but not by deadline.

"Right now, there is no regular reporting from the police department about how they use the forfeiture funds," Trachtenberg said. "Nobody has known even what's in the fund."

Andrews said that needs to change.

"In general, there's a need to tighten up how reporting is done and how the money is used," he said.