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HomeMy WebLinkAbout2026 Ordinance No. 007 1 ORDINANCE COUNCIL BILL NO. 7 NO. 7 INTRODUCED BY COUNCIL SERIES OF 2026 MEMBER WARD AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY DEPARTMENT OF HUMAN SERVICES, THE CITY OF ENGLEWOOD, AND OTHER PUBLIC ENTITIES REGARDING MUTUAL AID AND COOPERATION BETWEEN AND ACROSS JURISDICTIONS WITHIN THE 18TH JUDICIAL DISTRICT FOR INVESTIGATION OF REPORTS INVOLVING POSSIBLE MISTREATMENT OR SELF-NEGLECT OF AT-RISK ADULTS. WHEREAS, this intergovernmental agreement provides for mutual aid and cooperation between and across jurisdictions within the 18th Judicial District for the reporting, responding and investigation of mistreatment, exploitation of self-neglect of at- risk; and WHEREAS, the agreement clarifies the coordinated duties and responsibilities of agencies involved in reporting, responding, and investigating reports regarding the mistreatment, exploitation and self-neglect of at-risk adults; and WHEREAS, C.R.S. § 26-3.1-103(2) states that each county department, law enforcement agency, district attorney’s office, other agency responsible under law to investigate mistreatment or self-neglect of at-risk adults shall develop and implement cooperative agreements to coordinate the investigative duties of such agencies to ensure the best protection for at-risk adults; and WHEREAS, C.R.S. § 26-3.1-103(2) states the agreements shall provide for special requests by one agency for assistance from another agency and for joint investigations; as well as each agency shall maintain the confidentiality of the information exchanged pursuant to such joint investigation; and WHEREAS, it is understood that joint investigations may be used as a means to coordinate the efforts of the involved agencies, and that each individual agency remains accountable to its own rules, policies, and statutes; and WHEREAS, it is understood that joint agencies involved in this intergovernmental agreement shall accept reports of known or suspected mistreatment or self-neglect of at-risk adults; and 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 Docusign Envelope ID: 53B6A36F-B90D-4B40-9205-6DD8723BED0E 2 WHEREAS, C.R.S. §§ 29-1-203 and 29-1-203.5 authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, City Council finds that entering into this agreement supports the City’s Strategic Plan goals of safety and regional cooperation, while ensuring robust oversight, accountability, and privacy protections. 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 of an Adult Protective Services Cooperative Agreement for mutual aid and cooperation between and across jurisdictions within the 18TH Judicial District involving possible mistreatment or self-neglect of at-risk adults between the City and: Arapahoe County Department of Human Services, Arapahoe County Attorney’s Office, 18th Judicial District Attorney, Arapahoe County Sheriff’s Office, Aurora Police Department, Town of Bow Mar Police Department, Town of Centennial Police Department, Cherry Hills Village Police Department, Glendale Police Department, Columbine Valley Police Department, Greenwood Village Police Department, Littleton Police Department, Sheridan Police Department, Colorado State Highway Patrol, and Arapahoe County Community College Police Department. Such agreement shall be in substantially the same form as that attached hereto as Exhibit A. 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. Docusign Envelope ID: 53B6A36F-B90D-4B40-9205-6DD8723BED0E 3 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. 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 20th day of January, 2026; and on second reading, in identical form to the first reading, on the 2nd day of February, 2026. 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 Docusign Envelope ID: 53B6A36F-B90D-4B40-9205-6DD8723BED0E 4 thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Docusign Envelope ID: 53B6A36F-B90D-4B40-9205-6DD8723BED0E