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HomeMy WebLinkAbout2026-08-24 Special Study Session NotesSPECIAL STUDY SESSION NOTES CITY COUNCIL SPECIAL STUDY SESSION CITY OF WHEAT RIDGE, COLORADO Monday, August 24, 2026 The Special Study Session was held in a hybrid format, with Councilmembers, City staff, and members of the public participating either in person at the Municipal Building (7500 West 29th Avenue, Wheat Ridge, Colorado) in Council Chambers, or virtually. CALL TO ORDER Mayor Korey Stites called the City Council Special Study Session of August 24, 2026, to order at 8:17 p.m. ATTENDANCE Councilmembers Present: Rachel Hultin; Dan Larson; Kathleen Martell; Scott Ohm; Mike Okada; Patrick Quinn; Jenny Snell; and Susan Wood. ABSENT: None STAFF IN ATTENDANCE: City Manager Patrick Goff; City Attorney Gerald Dahl; Chief of Police Christopher Murtha; Deputy City Clerk Lucy Spalenka. Public Comment on Agenda Items – Public comments were taken during the August 24, 2026, Regular City Council Meeting and reflected in the meeting minutes 1. Federal Immigration Enforcement: City Authority and Recommended Policies Staff Presentation City Manager Goff introduced the item, explaining that the staff memorandum responded to six requests from the public received at the June 21 council meeting. Staff reviewed the city's legal authority, considered operational implications for the police department, and also incorporated additional comments, proposed revisions, and clarifications submitted by residents in advance of this meeting. City Manager Goff noted that City Attorney Dahl, Police Chief Murtha, and he had reviewed those additional submissions carefully. Attorney Dahl provided a legal overview of the state and federal law framework. He emphasized that Colorado law, enacted over the past few years, significantly restricts local government engagement in civil immigration enforcement with federal agencies. Key provisions include: Prohibition on civil detainer arrests: Colorado law prohibits the Wheat Ridge Police Department from arresting or detaining any person solely on the basis of a federal civil immigration detainer, which is an administrative document not issued by a judge. Criminal warrants issued by a judge remain fully enforceable. Prohibition on extended detention: Individuals may not be held beyond the time they would otherwise be released solely because of a civil immigration detainer request. Data privacy: Local governments are prohibited from releasing non-public personal identifying information to federal immigration authorities on the basis of a civil immigration request, absent a separate legal requirement. The Colorado Open Records Act further limits what information may be released to any requester. Public facilities: Federal agents are not permitted in non-public areas of public facilities without a judicial warrant. Attorney Dahl drew a consistent distinction between judicial warrants, which carry the authority of a court order, and civil immigration detainers, which are administratively generated documents. He stressed that neither the city nor the state may order federal officers to adhere to these restrictions in how federal officers conduct their own operations, as that would implicate federal supremacy. Item 1 – Prohibiting participation in 287(g) agreements Chief Murtha reported that Wheat Ridge does not currently participate in any 287(g) agreements. Staff recommended adopting a formal policy stating the city will not enter into a 287(g) agreement without explicit City Council authorization. This would formalize existing practice, provide transparency, and preserve council authority if federal or state law changes in the future. Residents had requested removal of the council authorization qualifier, but staff recommended retaining it. Attorney Dahl added that the charter requires intergovernmental agreements to be entered into by resolution of the City Council, making the council authorization language consistent with existing legal requirements and an important safeguard against administrative action without public accountability. Residents had also asked that the prohibition extend to all immigration enforcement activities, not just civil. Staff recommended retaining the word "civil" to preserve the police department's ability to respond to criminal warrants, emergency violence, and officer safety situations. Item 2 – Prohibiting collateral support for ICE operations Attorney Dahl noted that enforcing a judicial warrant—even when ICE may have a concurrent interest in the same individual—does not constitute collateral support, as long as officers are acting on the warrant and not on a civil detainer. Chief Murtha stated that officers may respond to scenes involving ICE activity when necessary to protect life, provide first aid, preserve public safety, or investigate criminal law violations. He emphasized this constitutes service to the community rather than support for ICE operations, and that a clear distinction exists between civil immigration enforcement and the department's core public safety responsibilities. Item 3 – Requiring judicial warrants rather than civil detainers Attorney Dahl noted that the original request was withdrawn by residents. He reiterated the legal distinction between judicial warrants and civil detainers and confirmed that the city cannot order federal officers to use or refrain from using their own administrative documents. The city's role is to control its own officers' actions, ensuring compliance with Colorado law. Item 4 – Prohibiting unidentified ICE officers from operating within Wheat Ridge Chief Murtha confirmed that the city cannot regulate the appearance, methods, or identification practices of federal officers under the supremacy clause, and that case law has upheld this limitation. However, he stated that impersonation of a law enforcement officer is a matter the Wheat Ridge Police Department would vigorously investigate and respond to. He cautioned that officers must distinguish between legitimate concerns about unidentified individuals and situations where the caller already knows federal agents are present but seeks police intervention to impede their operations. Chief Murtha noted the department is actively reviewing its policies given the changing operational environment and would make internal adjustments where warranted, including potentially drafting specific guidance on how to handle reports of masked or unidentified individuals claiming federal authority. Item 5 – Restricting ICE use of city-owned property City Manager Goff reported that the city generally controls the voluntary use of its facilities and recommended an administrative policy stating that city-owned facilities will not be made available for routine civil immigration enforcement activities. Any request from federal immigration authorities to use city property would be reviewed by the city manager and city attorney, and the city would only comply with legal requirements. Staff did not recommend a blanket prohibition on "any ICE operation" on city property, as emergency responses, criminal investigations, and other legitimate public safety activities could occur on city property in a dynamic and unplanned manner. Chief Murtha provided an example of a foot chase that could spill onto city property, noting that officers would not be in a position to refuse engagement under those circumstances. Item 6 – Temporary holding cells not used for long-term detention City Manager Goff acknowledged that residents clarified they are concerned with ICE-operated holding facilities at commercial properties, not Wheat Ridge PD's own holding cells. He confirmed that the city's zoning code already strictly prohibits confinement facilities in every zone district of the city. Any such facility operating in Wheat Ridge would be a zoning code violation, subject to enforcement. Attorney Dahl explained that the standard enforcement path for an unpermitted use of property begins with a notice to the property owner, escalating to municipal court citation if unresolved. In cases involving risk to persons, the city could seek a temporary restraining order or expedited court order. He noted that for abatement on private property, he strongly recommends obtaining a judicial order rather than acting administratively. He outlined a two-step court order approach: first authorizing inspection, then, contingent on findings, authorizing abatement. He acknowledged that crafting appropriate code language to address recalcitrant property owners in this context would require additional drafting time. Summary of staff recommendations: Adopt a policy against entering into any 287(g) agreement without explicit City Council authorization. Prohibit police participation in civil immigration enforcement while preserving response to criminal activity and public safety emergencies. Reaffirm compliance with Colorado law and legally valid judicial requirements. Take no action on appearance or identification of federal officers, but vigorously enforce existing impersonation statutes. Restrict voluntary use of city property for routine civil immigration enforcement, with language to be refined. Formalize the short-term purpose of WRPD holding facilities and reiterate that confinement facilities are prohibited by the city's zoning code. Council Discussion: Councilmember Okada began the discussion by highlighting his respect for law enforcement, noting his background as the son of a police officer. He questioned Chief Murtha on the department's method for assessing the validity of concerns regarding unidentified enforcement officers. Chief Murtha detailed the department's improved relationship with ICE, mentioning weekly check-ins. He clarified that with confirmed legitimate operations, officers might respond differently, such as dispatching a supervisor, but they would still respond if the situation couldn't be confirmed independently. He emphasized that officers are trained to enforce Colorado's duty-to-intervene law, especially concerning excessive force by federal agents, equating it to assault regardless of the agent involved. Councilmember Okada also inquired about enforcement protocols if a confinement facility is discovered. Attorney Dahl and City Manager Goff outlined the standard code enforcement, including tools like TROs for exigent circumstances, ensuring judicial authority for private property abatement. Councilmember Martel sought clarification that "not responding" meant varied responses rather than inaction. Chief Murtha assured that officers respond when legitimacy can't be confirmed, with supervisors adjusting response nature and priority based on available data. Mayor Pro Tem Hultin raised concerns about the response process when federal authorities are uncommunicative. Chief Murtha acknowledged the evolving relationship with ICE, indicating that officers would independently assess uncertain situations and directly respond. Hultin also inquired about ICE holding facilities, and Attorney Dahl explained that federal preemption is nuanced, particularly with leased or licensed properties. He pointed out that non-federal ownership could lead to enforceable local zoning laws, depending on specific facts and case law. Councilmember Snell questioned using the word "routine" in staff recommendations for Item 5. Attorney Dahl explained it referred to ordinary requests the city would deny, in contrast to emergency scenarios where public safety might dictate a different approach. Following Councilmember Snell's discomfort with the term, Councilmember Martel proposed using affirmative language, suggesting city property could be utilized only for emergencies or special situations, to which City Manager Goff agreed to revise the language accordingly. Councilmember Quinn thanked the public for their input and asked Chief Murtha about ICE's advance notification reliability. Chief Murtha acknowledged ICE's caution in notifying locals due to leaks, explaining a weekly check-in process that confirmed recent accurate information and advised against indiscriminate questioning of federal activity to maintain critical advance information flow. Council Consensus: Council reached consensus on the following directions, to be formalized in policy: Item 1: Proceed with staff recommendation to adopt a formal policy against entering 287(g) agreements without explicit City Council authorization, retaining the council approval requirement. Mayor Pro Tem Hultin specifically noted that the council authorization requirement is a public accountability safeguard ensuring future changes cannot occur administratively without public notice or discussion. Item 2: Proceed with staff recommendation to prohibit police participation in civil immigration enforcement while preserving officers' ability to respond to criminal activity and public safety emergencies. Item 3: Proceed with staff recommendation, with Mayor Pro Tem Hultin noting that any reaffirmation of compliance with state law should be clearly communicated to the community as part of related public communications. Item 4: Proceed with no regulatory action on federal officer identification, but include in the policy a reaffirmation—as requested by Councilmember Martel—that the Wheat Ridge Police Department is committed to enforcing Colorado's existing impersonation statutes. Council also noted, following Mayor Pro Tem Hultin's comments, that the Chief's ongoing internal policy review regarding emerging federal enforcement practices should result in a report back to the city manager and council on any procedural changes made. Chief Murtha confirmed the department would likely draft a specific section on handling federal identification in relevant situations. Item 5: Proceed with staff recommendation, with direction to remove or replace the word "routine" with clearer language distinguishing day-to-day requests from emergency or exigent circumstances. City Manager Goff agreed to revise the language accordingly. Item 6: Proceed with staff recommendation, with direction to include in the policy an expedited enforcement process for confinement facility violations, consistent with Attorney Dahl's described framework of a court-authorized inspection and abatement process. Attorney Dahl noted he would draft appropriate language addressing recalcitrant property owners. Councilmember Okada indicated support for including policy language that reinforces the zoning prohibition with an expedited response mechanism. Attorney Dahl confirmed he would not recommend any process that bypasses judicial authority for physical abatement on private property. 2. Staff Report(s) No staff reports were presented. 3. Elected Officials’ Report(s) Councilmember Larson noted that the following week is Fat Marmot Week. Councilmember Wood added thanks to all participants and expressed pride in Wheat Ridge residents, including those appointed to the Sustainability Committee and those who engaged on the immigration item. Councilmember Quinn thanked the public advocates in attendance and those who submitted written comments, drawing a parallel to his union advocacy work. He also noted a recent positive visit to Postino restaurant and commented good-naturedly on the new bus service passing by. Councilmember Martel thanked all participants and noted she had attended the Postino ribbon cutting. She also noted her recent appointment as council liaison to Sustainable Wheat Ridge and expressed enthusiasm for getting the committee to full membership. Councilmember Snell reported that she and Councilor Martel held office hours the prior week at Rolling Smoke, experimenting with afternoon time slots to improve accessibility, and encouraged residents to attend future sessions. She offered heartfelt thanks to community members who advocated on behalf of those unable to speak for themselves, and encouraged continued dialogue, emphasizing that the conversation on immigration policy remains open. Councilmember Ohm expressed appreciation for the community's engagement, noting the immigration discussion was very well vetted and that he had few questions as a result. He thanked all who participated. Mayor Pro Tem Hultin thanked everyone present and reiterated that the conversation on immigration policy is not closed—if circumstances in the community change, council will take it up again. She encouraged all residents to vote in November. She also announced an invitation to all council members and the public to attend the Courageous Colorado Democracy Community Conversation on September 29 at 5:00 PM at the rec center, a 90-minute action-oriented discussion on local democracy innovations. She thanked city staff and the police department for coordination on back-to-school safety efforts at Stevens Elementary, and noted that Local Works is partnering on a banner on 38th Avenue. She also asked for council support to bring back a resolution at the next meeting in support of the ballot measure referred to voters; support was indicated. Mayor Stites thanked all residents who spoke and those who submitted written comments on the immigration item. He congratulated the inaugural recipients of the Dominic Breton Community Champion Award and encouraged ongoing nominations for the award, which will be presented at the second council meeting of each month. He also welcomed nominations recognizing community organizations, schools, and similar groups. He reminded council that the next two Mondays are off (the following Monday being the second Monday of th e month, and the one after being Labor Day), with the next meeting in September. ADJOURNED AT 10:00 pm _______________________________________________ Rachel Hultin, Mayor Pro Tem _____________________________________ Lucy Spalenka, Deputy City Clerk