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HomeMy WebLinkAbout2026 - RESO 47 - Protect Civil RightsPage 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 47 Series of 2026 TITLE: A RESOLUTION AFFIRMING THE WHEAT RIDGE CITY COUNCIL'S SUPPORT FOR PROTECTING CIVIL RIGHTS, HUMAN DIGNITY, PUBLIC SAFETY, AND COMMUNITY TRUST WHEREAS, the City of Wheat Ridge is committed to treating every person with dignity, fairness, and respect and to protecting the civil and constitutional rights of all people who live in, work in, visit, or seek services in the City; and WHEREAS, equal protection under law, due process, freedom from unlawful discrimination, and access to public safety and municipal services are essential to a safe, healthy, and inclusive community; and WHEREAS, community trust strengthens public safety by encouraging residents and witnesses to report crimes, seek assistance, cooperate with investigations, and participate in civic life without fear that requesting local services will expose them to discrimination or retaliation; and WHEREAS, civil immigration enforcement is principally a federal responsibility, while the Wheat Ridge Police Department's mission is to protect public safety and enforce Colorado law and the City's municipal ordinances; and WHEREAS, Colorado law limits the participation of local governments and local law enforcement agencies in federal civil immigration enforcement, and the City intends to comply fully with all applicable federal and state law, court orders, and judicial warrants; and WHEREAS, the City Council recognizes legitimate community concerns regarding civil-rights violations, suspected impersonation of law-enforcement officers, the use of local resources for federal civil immigration enforcement, and the importance of transparent municipal policies; and WHEREAS, the City Council desires to state its policy direction while preserving the City Manager's responsibility to administer Council policy and the Police Chief's responsibility for lawful police operations, training, tactics, dispatch protocols, and departmental procedures. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Page 2 Section 1. Affirmation of Civil Rights and Human Dignity. The City Council affirms that every person in Wheat Ridge is entitled to dignity, fair treatment, and the protections guaranteed by the United States Constitution, the Colorado Constitution, and other applicable law. The City condemns unlawful discrimination, harassment, intimidation, and violence based on actual or perceived race, color, ethnicity, national origin, ancestry, religion, disability, sex, sexual orientation, gender identity or expression, age, familial status, immigration status, or any other status protected by law. Section 2. Equal Access to City Services. City services, programs, and facilities shall be administered in a manner consistent with applicable civil-rights and nondiscrimination laws. No person should be discouraged from contacting the City, reporting a crime, serving as a witness, seeking emergency assistance, or participating in civic life because of fear of unlawful discrimination or retaliation. Section 3. Local Public-Safety Mission. The Wheat Ridge Police Department shall remain focused on public safety, enforcement of Colorado criminal law and municipal ordinances, crime prevention, and service to the community. Consistent with applicable law, City personnel shall not undertake federal civil immigration enforcement as an independent municipal function. Nothing in this Resolution limits lawful responses to criminal conduct, criminal warrants, emergencies, threats to life, violence, officer-safety situations, or other legitimate public-safety needs. Section 4. Federal Immigration-Enforcement Agreements. The City shall not enter into an agreement under section 287(g) of the federal Immigration and Nationality Act, or a successor program that delegates federal civil immigration-enforcement authority to local officers, without explicit authorization by the City Council through a resolution or ordinance, preceded by study session if time allows, adopted in accordance with the City Charter and applicable law. Section 5. Operational Support for Federal Civil Immigration Enforcement. Wheat Ridge police officers and other City employees shall not provide operational support to facilitate federal civil immigration enforcement. This includes using City personnel, equipment, information, or facilities to establish operational perimeters, locate or interview persons, transport or hold persons, or otherwise assist with a civil immigration investigation, apprehension, detention, or removal. This section does not limit lawful responses to emergencies, threats to life, violence, officer-safety concerns, immediate traffic hazards, criminal investigations, judicial or criminal warrants, court orders, or other binding legal obligations. Page 3 Section 6. Use of City Property and Resources. City-owned facilities and other City resources shall not be affirmatively made available as a staging, processing, holding, or operational location for federal civil immigration enforcement. Requests involving City property or resources shall be reviewed by the City Manager in consultation with the City Attorney. This section is subject to judicial warrants, court orders, exigent circumstances, emergency response, criminal investigations, and other legal obligations. Section 7. Suspected Impersonation and Unlawful Conduct. The City encourages any person who reasonably suspects that an individual is impersonating a law-enforcement officer, unlawfully detaining another person, or committing another crime to contact the Wheat Ridge Police Department. The Police Department may investigate suspected violations of Colorado law and shall take appropriate action when legally warranted. The Police Chief regularly reviews relevant procedures, training, and public information for clarity and effectiveness and will continue to do so. Section 8. Temporary Holding Cells and Confinement Facilities. The City Council reaffirms that Wheat Ridge Police Department holding cells are temporary facilities used only for short-term, lawful local law-enforcement purposes, including booking, intoxication holds, criminal processing, officer safety, and transfer to the Jefferson County Jail. They shall not be operated as a jail, long-term detention center, or holding or detention facility for federal civil immigration enforcement. The City Council further reaffirms that the Wheat Ridge Zoning Code prohibits publicly or privately owned confinement facilities in every zone district, except for holding facilities that are part of a City-owned or City-used building and are controlled and used solely and exclusively by the Wheat Ridge Police Department. The City shall not make City property available for an immigration holding or detention facility and shall enforce its zoning regulations consistent with applicable law. Section 9. Expedited Enforcement of Prohibited Confinement Facilities. The City shall treat a confinement facility operating or being established in violation of the Wheat Ridge Zoning Code as a priority code-enforcement matter. Upon receipt of credible information, the City Manager shall coordinate an expedited review with appropriate departments and the City Attorney to determine whether the use is prohibited and what enforcement authority is available. When a violation is established, the City shall promptly issue notice and, where authorized by law, require immediate cessation of new admissions, expansion, and work facilitating the prohibited use, employing the civil and criminal tools available in the Wheat Ridge Code of Laws. Page 4 If compliance is not achieved, the City shall promptly pursue available enforcement remedies. All actions shall preserve due process, lawful property access, and other constitutional and statutory protections. Before action affecting a facility operated by or for another governmental entity, the City Manager and City Attorney shall evaluate preemption, court orders, and intergovernmental agreements. The City shall coordinate with the responsible custodial authority regarding lawful removal or transfer and shall not direct movement of persons in violation of law, court orders, or individual rights. The City Manager shall establish implementing procedures; nothing in this section precludes lawful emergency abatement. Section 10. Implementation and Transparency. The City Manager is directed to review existing administrative policies and, in consultation with the City Attorney and Police Chief, implement or update policies and training as reasonably necessary to carry out this Resolution. The City should communicate these policies in accessible language and promote awareness of how community members may request City assistance or report suspected civil-rights concerns. Section 11. Construction. This Resolution expresses the policy direction of the City Council and shall be implemented consistently with the United States Constitution, the Colorado Constitution, the City Charter, and all applicable federal, state, and local law. It does not direct City employees to obstruct or interfere with lawful federal activity, create a private cause of action, or expand municipal authority beyond that granted by law. If any provision conflicts with controlling law, controlling law governs and the remaining provisions shall continue in effect to the fullest extent permitted. Section 12. Effective Date. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 28th day of September 2026. ATTEST: Janeece Hoppe, City Clerk Korey Stites, Mayor