STAFF MEMO June 16, 2017 Special Council Meeting

DATE: June 16, 2017

AGENDA ITEM NUMBER: 4

TOPIC: Staff Updates, Mounted Rangers Discussion

TIME FRAME: · The Town entered into the first agreement with the Mounted Rangers in July 2014.

SUMMARY: Since July of 2014, The Dillon Police Department has had a relationship with the Colorado Mounted Rangers (Rangers) to assist us providing security, crowd control, and traffic control at large special events. In 2015, Colorado POST implemented a requirement of a minimum of 40 hours of annual training for every sworn police officer to maintain POST certification. Being comprised of all- volunteers, the Rangers found it very difficult to achieve the required training hours to maintain their POST Certifications for their sworn personnel. Legislation was passed which defined a reserve officer, detailed the duties a reserve officer may perform under of a host agency (Dillon Police Department), and established the Rangers as the Law Enforcement Shared Reserve (still to be known simply as Colorado Rangers).

This intergovernmental agreement with the Rangers and the listed law enforcement agencies establishes the group of member agencies who will share in the services of the Rangers. As you know, the Colorado Rangers are an integral part of this agency, enhancing our abilities to police the large special events the Town produces.

BUDGET IMPACT: The Rangers provide support free of charge, resulting in a positive budget impact.

DEPARTMENT HEAD RESPONSIBLE: Mark Heminghous, Police Chief

QUESTIONS/INFORMATION REQUESTED FROM COUNCIL: · Is Council comfortable with moving forward with the Mounted Rangers and allowing the Manager to sign the agreement? INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE COLORADO RANGERS LAW ENFORCEMENT SHARED RESERVE

This Intergovernmental Agreement Establishing the Colorado Rangers Law Enforcement Shared Reserve (this “Agreement”), dated as of ______, 2017, (the “Effective Date”) is between the City of Idaho Springs, Colorado, the Town of Nederland, Colorado, the Town of Monument, Colorado, the City of Fountain, Colorado, the Town of Elizabeth, Colorado, the City of Fort Lupton, Colorado, Eagle County, Colorado, and the Town of Dillon, Colorado (collectively, the “Member Jurisdictions”), and the Colorado Mounted Rangers, a Colorado nonprofit corporation (“CMR”), which is a party solely for the limited purposes set forth below in Sections 3.2 and 4.

RECITALS

WHEREAS, pursuant to Colorado Revised Statutes 24-33.5-116, the Colorado Mounted Ranger Task Force (the “Task Force”) was created to make recommendation to the Colorado General Assembly regarding Peace Officer Standards and Training (“POST”) certification for CMR;

WHEREAS, on December 19, 2016, the Task Force unanimously recommended that an intergovernmental agreement be executed to fulfill the Task Force’s charge to create a statewide shared reserve peace officer force and a POST certified reserve academy;

WHEREAS, the Task Force further recommended the creation of a state grant program to fund the costs associated with the establishment of the reserve academy;

WHEREAS, C.R.S. 24-33.5-1616 authorized the funding of a reserve academy grant fund within the Colorado Division of Homeland Security and Emergency Management;

WHEREAS, the parties mutually agree the formation of the Colorado Rangers Law Enforcement Shared Reserve (“CLER”) will serve a public purpose and will promote the safety, security and general welfare of all Coloradoans by establishing a POST certified statewide shared peace officer reserve force; and

WHEREAS, pursuant to C.R.S. 29-1-203, the formation of CLER and the establishment of its reserve academy is a proper exercise of the parties’ governmental powers and duties and will also permit the parties to make the most efficient and effective use of their powers and responsibilities by cooperating with each other.

NOW, THEREFORE, in consideration of their mutual rights and obligations as set forth below, the Parties agree as follows:

TERMS AND CONDITIONS

Section 1: Statewide Shared Peace Officer Reserve Force Established and Appointment of Colorado Rangers as Peace Officers.

1.1. Establishment. The Colorado Rangers Law Enforcement Shared Reserve (to be known as the “Colorado Rangers” and its sworn personnel as a “Colorado Ranger”), an all-volunteer, unpaid statewide shared peace officer reserve force, is hereby established pursuant to C.R.S. 29-1-203 and 29-1-203.5. CLER shall be a separate legal entity, political subdivision and a public corporation of the State of Colorado (the “State”), separate from the parties to this Agreement, and shall be a validly created

1 and existing political subdivision and public corporation of the State, irrespective of whether a Member Jurisdiction withdraws (whether voluntarily, by operation of law or otherwise) from CLER subsequent to its creation under circumstances not resulting in the rescission or termination of the contract establishing CLER pursuant to its terms and so long as there are at least two continuing Member Jurisdictions. It shall have the duties, privileges, immunities, rights, liabilities and disabilities of a public body politic and corporate.

1.2. Qualifications. Each Colorado Ranger, including the Chief, shall meet the requirements of C.R.S. 16.2.5-110(c)(I) or (II) to serve as a sworn Colorado Ranger.

1.3. Designation as Peace Officers. Each Colorado Ranger, including the Chief, shall be deemed to be a reserve officer, as defined by C.R.S. 16-2.5-110(a), of each Member Jurisdiction whose authority shall be limited to the authority granted by any Member Jurisdiction while serving in that jurisdiction. Any Colorado Ranger who is a fully POST certified peace officer may be granted full peace officer status by any individual Member Jurisdiction. Each Colorado Ranger, including the Chief, shall be deemed a peace officer appointed and authorized by each Member Jurisdiction, collectively and individually, pursuant to C.R.S. 30-10-506, 31-4-306 and 31-15-401(a).

1.3.1. Duty Status of Certain Colorado Rangers. Each Member Jurisdiction acknowledges and agrees that a limited number of Colorado Rangers, as designated by the Chief, shall be considered as on-duty at all times by those Member Jurisdictions authorized to act as peace officers. The Chief or his/her designee shall be responsible for providing a roster of those designated Colorado Rangers to the Member Jurisdictions. The purpose of this cadre of senior personnel is to ensure CLER (i) can fulfill the daily administrative and operational responsibilities necessary for its effective management and (ii) provide an effective command structure to respond to critical incidents.

1.4. Transition Period for Existing Rangers. As of the Effective Date of this Agreement, sworn personnel, including new candidates, of CMR (“Existing Rangers”) shall continue to serve and operate under CMR’s current organizational structure and pursuant to existing MOUs with its law enforcement agencies. Upon the official start date of the CLER operated reserve academy, Existing Rangers, irrespective of any previous training, shall have 36 months from that date to complete the requirements of a certified reserve peace officer unless granted a variance by POST (“Transition Period”). Any Existing Ranger qualified to renew an expired POST certification may fulfill the requirements of this subsection through any process authorized or approved by POST. The requirements of this Subsection shall not apply to any Existing Ranger with an active POST certification so long as that certification remains active throughout the Transition Period.

1.5. Administration of CLER during Transition Period. For the purposes of implementing this Agreement and the administration of CLER during the Transition Period, the Chief, the Deputy Chief, and certain command staff officers, designated by the Chief, are not required to be POST certified. Until POST certified, the Chief, the Deputy Chief, and those designated command staff officers shall not have the authority to act as peace officers under the provisions of this Agreement.

1.6. Termination of Existing CMR MOUs. Upon the conclusion of the Transition Period, all existing CMR MOUs will be terminated and any Existing Rangers who have not completed the required training or obtained a variance shall not be sworn-in as a Colorado Ranger or permitted to participate as a sworn Colorado Ranger in any CLER sanctioned activity.

2 Section 2: Purpose.

CLER is established as an all-volunteer, unpaid statewide shared peace officer reserve force for the purposes of providing law enforcement, emergency management, emergency medical service and search- and-rescue services to Member Jurisdictions and, as requested, by non-Member Jurisdictions pursuant to a mutual aid agreement.

Section 3: Governance.

3.1. Governance. CLER shall be governed by a Board of Directors (the “Board”) in which all legislative power of the Board is vested by C.R.S. 29-1-203.5(1)(b)(II). Power and authority is vested in the Board as described below.

3.2. Board of Directors. The Board shall be composed of nine (9) directors. Three (3) of the directors shall be current sworn Colorado Rangers selected by the Board of Directors of the Colorado Mounted Rangers (the “CMR Directors”). The Chief of CLER shall be a voting ex officio member of the Board. Three (3) directors shall be a police chief or a sheriff of a Member Jurisdiction (the “Member Jurisdiction Directors”) based upon recommendations received from any Member Jurisdiction. All Member Jurisdiction Director appointments must be approved by a majority of the incumbent directors. Two directors shall be either local, county, or state level elected officials (the “Elected Official Directors”) nominated and approved by a majority of the incumbent Directors. From its membership, the Board shall annually elect a Chairperson and Vice-Chairperson. The CMR Directors and the Chief are ineligible to serve as either Chairperson or Vice-Chairperson. The Chairperson shall preside at all meetings of the Board.

3.3. Director Terms. The terms of the initial directors shall be seven (7) years to allow for and ensure consistency during the initial operationalization of CLER. After this initial period, the terms of the directors, other than any ex officio directors, shall be for five (5) years. There shall be no limit to the number of terms a Director may serve. All directors’ terms shall extend until a replacement director has been appointed and accepted such appointment. All directors shall automatically be removed from the Board upon their termination, removal, retirement or resignation from the position that is the basis for his or her election or appointment to the Board. Any Member Jurisdiction Director or Elected Official Director can be removed by a three-quarter majority vote of all directors for failure to properly discharge their responsibilities as directors.

3.4. Duties of the Chief of CLER. The Chief shall be a sworn Colorado Ranger appointed by the Board and hold the rank of Colonel. The Chief shall always be appointed from the ranks of current sworn Colorado Rangers holding the rank of Captain or above. The Chief shall be the commanding officer and chief executive officer of CLER and shall exercise those powers necessary for the effective operation of CLER. Additionally, the Chief shall exercise those powers and duties required pursuant to C.R.S. 31-4- 112 and 31-4-306, the POST Board or any other relevant state or federal rule or regulation governing police chiefs. The Chief shall report to the Chairperson of the Board. The Chief shall have the authority to appoint any officers, at a rank determined by the Chief, necessary for the effective administration and operation of CLER. The Chief shall also have the authority to appoint non-sworn personnel to serve in non-law enforcement roles within CLER including, but not limited to, administrative and other duties as determined by the Chief. The Chief shall be appointed or removed by three-quarters majority of all Directors, other than the CMR Directors and the Chief, at a meeting called for that purpose.

3.5. Duties of the Deputy Chief. The Deputy Chief shall be a sworn Colorado Ranger appointed by the Chief and hold the rank of Lieutenant Colonel. The Deputy Chief shall serve as the executive officer and is the second-ranked officer in CLER. In the absence, incapacitation or vacancy in the position of the

3 Chief, the Deputy Chief shall perform the duties of the Chief. The Deputy Chief shall also perform other duties as assigned by the Chief.

3.6. Voting Requirement and Related Provisions. The Board shall comply with all requirements of the Open Public Meetings Act (C.R.S. 24-6-401, et. seq.), applicable to “local public bodies” as defined in that Act. The Board shall meet at least four times each year and hold such special meetings as necessary. The Board shall act only upon a duly executed vote of the Directors. Each Director shall cast one vote. A vote of the Board shall be deemed duly executed if made by a majority of a quorum of the Directors except with respect to those actions listed in this Agreement. A quorum shall consist of a majority of Directors except with respect to those actions listed in this Agreement.

3.7. Duties, Powers and Authority of the Board.

3.7.1. Duties of the Board. The Board shall exercise general management and control of the business affairs of CLER, to comply with C.R.S. 29-1-203.5, and to exercise with due diligence and prudence the purpose and powers set forth herein, including, but not limited to:

a. By June 1 of each year provide a written report to the Member Jurisdictions of CLER’s activities during the prior calendar year. Such report shall include annual financial statements for CLER, descriptions of projects and programs undertaken or contemplated, and such other information as the Board may deem of interest to the Member Jurisdictions; and

b. To approve the admission of new Member Jurisdictions.

3.7.2. Powers. The general powers of CLER include those listed below. The use of any power and responsibility listed below shall be at the discretion of the Board. All powers granted hereby are subject to the restrictions, conditions and limitations on those powers set forth in C.R.S. 29-1-203.5.

a. To plan and adopt an annual operating and capital budget;

b. To establish and operate an all-volunteer, unpaid statewide shared peace officer reserve force;

c. To plan, acquire, construct, manage and operate a certified reserve peace officer academy;

d. To make and enter into contracts with any person, including, without limitation, contracts with State, local or federal agencies, private enterprises and nonprofit organizations;

e. To employ agents and employees;

f. To acquire, hold, lease (as lessor or lessee), sell or otherwise dispose of any real or personal property, commodity or service;

g. To open and operate bank accounts;

h. To exercise any other powers that are essential to provision of functions, services or facilities by CLER; and

4 i. To perform any acts and things authorized by C.R.S. 29-1-203.5, except CLER is expressly prohibited from issuing revenue or general obligation bonds, through or by means of an agent or by contracts with any person, firm or corporation.

Section 4: CMR Grant of Trademark License to CLER.

CMR hereby grants to CLER a worldwide, royalty-free, non-transferable, exclusive irrevocable license to use CMR licensed and unlicensed marks, including the use of the terms Colorado Ranger and Colorado Mounted Ranger in connection with CLER’s obligations under this Agreement in a manner consistent with CMR’s use of those marks prior to the Effective Date. CLER acknowledges and agrees that CMR owns and retains all right, title, and interest in the marks. The rights granted pursuant to this Section shall terminate with the termination of this Agreement.

Section 5: Policy and Procedures Manual.

The Chief shall develop a policy and procedure manual, which shall provide guidance and direction to every officer, sworn Ranger and other personnel of CLER. The manual shall include, among other things, direction and guidance on CLER’s law enforcement role and authority, organization and administration, and general operations. This manual shall be updated regularly and presented to the Board for review.

Section 6: Apportionment of Expenses.

6.1. Expense and Cost Allocation. The Board shall annually approve an expense and cost allocation formula for Member Jurisdictions and other agencies that utilize CLER.

6.2. Subject to Annual Appropriation. The Member Jurisdictions acknowledge that their obligations under this Agreement are subject to annual appropriation by the governing body of each respective Member Jurisdiction and shall not constitute or give rise to a general obligation or other indebtedness of any Member Jurisdiction within the meaning of any constitutional or statutory provision or limitation of the State of Colorado nor a mandatory charge or requirement against any Member Jurisdiction in any ensuing fiscal year beyond the current fiscal year.

Section 7: Obligations of CLER.

The obligations of CLER shall not be the debts, liabilities or obligations of the Member Jurisdictions.

Section 8: Insurance and Liability.

8.1. Applicability of the Governmental Immunity Act. The parties acknowledge and agree the Governmental Immunity Act (C.R.S. 24-10-101 et seq.), or any successor statute, provides protection to each Member Jurisdiction, CLER and each Colorado Ranger in the performance of his or her duties.

8.2. Insurance Requirements. CLER shall obtain the appropriate property, general liability, auto liability, errors and omissions, law enforcement liability and workers’ compensation insurance.

Section 9: Dispute Resolution.

If a dispute arises from or relates to this Agreement, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by a qualified mediator before resorting to arbitration, litigation or some other dispute resolution procedure.

5 Section 10: Notices.

Any notice required under this Agreement may be personally delivered or mailed in the mail, first class postage prepaid to Chief of Police or Sheriff of each Member Jurisdiction. Notices personally served shall be deemed served on the date of delivery. Notices mailed shall be deemed served the next business day following the date of mailing.

Section 11: Entire Agreement.

This Agreement, including any exhibits and schedules, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained within this Agreement, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

Section 12: Assignment.

No Member Jurisdiction may assign any of its rights or delegate any of its obligations under this Agreement.

Section 13: Amendment and Modification.

This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party to this Agreement.

Section 14: Governing Law; Venue; and Attorneys’ Fees.

This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado without reference to conflict of law rules. In the event that legal action is brought by any party to this Agreement to enforce or interpret it, the prevailing party shall be entitled to recover from the other parties its reasonable attorneys’ fees and other costs incurred in connection with such legal action. Venue for any such action shall be in the State district court located in the City of and County of Denver, and each party irrevocably submits to the exclusive jurisdiction of such court in any such suit, action or proceeding.

Section 15: Headings.

The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.

Section 16: Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

Section 17: Severability.

If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, a court of competent jurisdiction, the arbitrator or the mediator may modify this Agreement so as to effect the original intent of

6 the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

Signature Page Follows

7 IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be executed as of the date first written above.

CITY OF IDAHO SPRINGS, COLORADO Attest:

By: Diane Breece, City Clerk Michael Hillman, Mayor

TOWN OF NEDERLAND, COLORADO Attest:

By: LauraJane Baur, Town Clerk Kristopher Larsen, Mayor

TOWN OF MONUMENT, COLORADO Attest:

By: Laura Hogan, Town Clerk Jeffrey Kaiser, Mayor

CITY OF FOUNTAIN, COLORADO Attest:

By: Silvia Huffman, City Clerk Gabriel Ortega, Mayor

TOWN OF ELIZABETH, COLORADO Attest:

By: Amanda Moore, Town Clerk Clay Hurst, Mayor

CITY OF FORT LUPTON, COLORADO Attest:

By: Nanette Fornof, City Clerk Tom Holton, Mayor

EAGLE COUNTY, COLORADO Attest:

By: Regina O’Brien, County Clerk Jill Ryan, Chair Board of Commissioners

TOWN OF DILLON, COLORADO Attest:

By: Jo-Anne Tyson, Town Clerk Kevin Burns, Mayor

COLORADO MOUNTED RANGERS

By: Colonel Ronald Abramson State Commander

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