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:
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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.
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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.
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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