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HomeMy WebLinkAbout2024 Ordinance No. 056 1 ORDINANCE COUNCIL BILL NO. 51 NO. 56 INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER WARD AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ENGLEWOOD AND THE UNITED STATES MARSHALS SERVICE FOR THE UNITED STATES MARSHALS SERVICE FUGITIVE TASK FORCE FOR NON-FEDERAL AGENCIES WHEREAS, the Englewood Police Department previously participated in the RAVEN Task Force and desires to continue to coordinate with Federal Authorities regarding the investigation of crimes and the apprehension of fugitives; and WHEREAS, the United States Marshals Service has been granted authority to direct and coordinate permanent Regional Fugitive Task Forces consisting of federal, state, and local law enforcement authorities for the purpose of locating and apprehending fugitives; and WHEREAS, the primary mission of the United States Marshals Fugitive Task Force is to investigate and arrest persons with active warrants improving public safety and reducing violent crime; and WHEREAS, the United States Marshals Fugitive Task Force primarily targets crimes involving violence against persons, weapon offenses, felony drug offenses, failure to register as a sex offender, and crimes committed by subjects with significant criminal histories involving violence, felony drugs offenses, and weapons; and WHEREAS, the United States Marshals Fugitive Task Force investigates and assists with cases involving missing and endangered children; and WHEREAS, the United States Marshals Fugitive Task Force will work across multiple jurisdictions to share resources, intelligence, and investigate crimes; and WHEREAS, the Englewood Police Department has been approved to have an investigator join the United States Marshals Fugitive Task Force; and WHEREAS, the United States Marshals Fugitive Task Force would allow an investigator to spend half of their time at the Englewood Police Department investigating and filing charges against offenders in anticipation of arresting them after the case has been filed; and WHEREAS, having an investigator on the United States Marshals Fugitive Task Force would grant the Englewood Police Department additional resources to investigate crimes committed within the City; and Docusign Envelope ID: 28C47C7D-2396-4B03-9EB4-B06D4AB1ECC8 2 WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of a Memorandum of Understanding for Non-Federal Agencies with the United States Marshals Service for the United States Marshals Service Fugitive Task Force. The agreement shall be in the form substantially the same as that attached hereto. Section 2. General Provisions The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Docusign Envelope ID: 28C47C7D-2396-4B03-9EB4-B06D4AB1ECC8 3 E. Publication. Publication of this Ordinance may be by reference or in full in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 4th day of November, 2024; and on second reading, in identical form to the first reading, on the 18th day of November, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Docusign Envelope ID: 28C47C7D-2396-4B03-9EB4-B06D4AB1ECC8