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RESOLUTION
RE: APPROVE TERMINATION OF SUBSIDY FOR COURT SECURITY BY WELD COUNTY,
COLORADO, PURSUANT TO SECTION 20(9) OF ARTICLE X, COLORADO CONSTITUTION,
AND SECTIONS 29-1-304.5 AND 29-1-304.7, C.R.S. , AND DIRECT STAFF TO SEND
APPROPRIATE NOTICE
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, on August 17, 1994, Chief District Court Judge William L. West of
the 19th Judicial District issued an Order whereby the Weld County Sheriff, Ed
Jordan, is required to begin full-time security at the Weld County Courthouse on
November 1, 1994, and the Board of County Commissioners is ordered to pay for
such security, and
WHEREAS, a copy of said Order is attached hereto and is referred to herein
as Exhibit "A", and
WHEREAS, the Weld County Sheriff has never provided such full-time security
at the Weld County Courthouse, and
WHEREAS, in order to provide such security an expenditure of approximately
$15,000 will be required for electronic "break away" doors at various entrances
to the Courthouse and the yearly ongoing cost for such security will be
approximately $80,000 for personnel and electronic monitoring equipment rental,
and
WHEREAS, the Board of County Commissioners considers the order for such
full-time security at the Weld County Courthouse to be a "new mandate" (non-
current program) which Weld County may refuse to subsidize or pay for, pursuant
to Section 20(9) , Article X of the Colorado Constitution, and
WHEREAS, the Board of County Commissioners now desires to terminate its
subsidy for the new mandate of full-time court security, pursuant to the
provisions of Section 20(9) , Article X of the Colorado Constitution and Sections
29-1-304.5 and 29-1-304.7, C.R.S.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the subsidy paid or to be paid by Weld County, Colorado,
for full-time security at the Weld County Courthouse, as ordered by Chief
District Judge William L. West on August 17, 1994, shall terminate on December
1, 1994.
BE IT FURTHER RESOLVED by the Board of County Commissioners that the Weld
County Attorney and the Director of Finance and Administration for Weld County
are hereby directed to prepare notification to the State of Colorado of Weld
County's intent to terminate said subsidy in accordance with the provisions of
Section 29-1-304. 7, C.R.S. , for signature by all members of the Board of County
Commissioners and that such notice, if it may be dated prior to the date of this
Resolution, is hereby ratified.
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nTl)(?<)t4 t : i9; F/
RE: TERMINATION OF COURT SECURITY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 24th day of August, A.D. , 1994.
Waie// BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD C UNTY, C 0 D
Weld Cou ty Clerk to the Board f�
p '/�- e H. We ster, Cha man
BY: fijL,Lo...fe �
deputy Clerk to the Board ArBaxt '
all, PTem
APPR AS TO FORM: er
VP 7
County Atto et nstance L. Harbert Sara
aArbara J. Kirkme er
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gAIYG
A �'-
' EXHIBIT A
•
DISTRICT COURT , COUNTY OF WELD, STATE OF COLORADO
Div. I
Case No. 94 CV 419
Order Re : Courthouse Security
In re Matter of Nineteenth Judicial District,
Petitioner ,
And
The Board of Commissioners of Weld County, Respondents .
Ed Jordan, Sheriff of Weld County,
s a result f the security in
This matter
a the Weld County Courthouse . The courts i lack
and n Weld County
Commissioners have attempted to reach an
the Weld County
acceptable agreement on this issue and have reached an impasse .s has become ore
Violence in courthouses ears . Arapahoe and oCountymhas experienced two
shooting in recent y
shooting incidents resulting in death or was faced us with bodily a hostage
injury
since 1986 . In 1988 , Mesa County other
violence in its courthouse.anycourts to requuest additional security
violence have prompted many
in hopes of preventing violence . •
Although Weld County has not there expherienced
numeroushextreme
threats of
bodily s of
vci in its courthouse ,against judges , caseworkers , parties to
an
injury or death made The Weld
an action , and other court personnel ountyrts have be
inen theubject to halls of tiomb threats the courthouse and gang
Full time security in the Weld County Courthouse is necessary
to prevent violence and for the proper functioning of our courts .
I The public , the litigants ,
the attorneys , and the courthouse
I personnel and the parties
personnel are entitled to work in court
and secure environment .
Without security in the building, victims o and
Weld
to any action are at risk of becoming is e currently
County is the only court system of its size that
without any form of continuous security during regular hours of
operation. has come
funding for such items as security y County' s
p
Traditionally, court is located.
from the county in wtioh a
position is that, traditionally, funding for courthouse maintenance
and construction has come from the County in which the court is
located. Funding for security on a case-by-case basis has been
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^ r. ..
Sheriff and full time security is of
providd by the County Although several counties provide such
in. not agree that Counties .' .have relatively secy recent origin. does .
Weld County The Weld County Commissioners
traditionally
furnished security- feel it is
have agreed to provide metal detector equipment but they
have agreed to pay for security personnel and have
the state ' s responsibility
refused to assume this burden.
Coro. Rte.
STAT. g 13-1-114 (2) stateshthat
e the district atd § 3r-10 county
judge tat shall have the assistance of
iced to serve the several courts of
These statutes , implicitly if not'expressly,
states that the sheriff is required security for the courthouse.
record in his e csheri to provide
obligate the sheriff out the
Additionally , the Colorado Supreme Court
trie duty of carrying
"is
ithuthe d Barger , Colo . 1 h
•
n officer n of the court charged
orders 8 ,
and decrees 4 gh(1953)t
190 , 261 P • 2d 497 ,
it is within the inherent powers of this n court the to require thereuty
Weld County Sheriff to provide security
Courthouse .
powers which courts possess consist of all Thpo inherent required to enable a court
to
powers . tlysonably udicial function, to protect its
dfgnityntly, perform its 3 and to make its
lawful
independence , and integrity ,
a & Cross v .
Hoffman ,
actions d effective ., (Colo. 1992) (citing Pena M .
Hofer nt 831 t, 9 p . 956 (Colo . 1984) ) .
District Court, 681 P . 2d 953 ,
"Hence , ato
judge has all the powers reasonably required
efficiently ru
n t he court. " Id . STAT.
suggested that Coca. RE:. all
court the ability to assess a fee
The counsel for geld County has g expense of providing
§ 13ie using may give to cover the it only
the turps of § 13-1-114 , is that
partiesinterpretation
gevurity . Another fee when additional security is
rity to assess a f _e The intent of the gives a court au particular situation: . ut
necessaryindividuals who create the need for additional
eui to s be that extra security .
security should have to pay for that
Additionally , the Colorado Constitution Art . VI § 19 , states
to state courts
ur sc must must findsform that and apply to
that all laws relating statute and any al general l courts
tf the same class .u is not ycourts is
ew lour doese f otor 5eapplyy equally authorizedto all estate
fee which
unconstitutional .
responsibility of the Weld,
provide security for the Weld County
This court concludes
that itis the rest of paying
County Sheriff 'Addiptionally, the responsibility
Courthouse.
2
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security equipment and personnel belongs to Weld County not the
state of Colorado.
IT IS ORDERED:
The Weld County Sheriff shall provide security personnel for
the Weld County Courthouse substantially in accord with Sheriff
Jordan' s memo to Commissioner Harbert d December 30 , 1993 .equipment The
Weld County Commissioners shall pay for all security
d
personnel necessary at the Weld County Courthouse.
The security, as ordered, shall be fully implemented on or
before November 1 , 1994 .
Dated: August 17 ; 1994 -
,- %
'tinham Li. West
Chief District Judge
Certified to be a full,true and correct
copy of the original in my custody. A���"
gated BUGf 4 •
erk of the District Court
eld County, loytlo if)
Deputy
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