HomeMy WebLinkAbout710536.tiff •
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04r 'tats of Cituruhu
DEPARTMENT OF LAW
DUKE W. DUNBAR OFFICE OF THE ATTORNEY GENERAL JOHN P. MOORE
ATTORNEY GENERAL 104 STATE CAPITOL DEPUTY ATTORNEY GENERAL
• . . DENVER, COLORADO 80203
March 1, 1971
•
Samuel S. Telep
Weld County Attorney
First National Bank Building
'Greeley, Colorado 80621
Dear Mr. .Telep:
•
In answer to your letter of February 10, 1971, it is my opinion
thr.Weld County does not have the power to contract with the Town
of Fort Lupton to provide law enforcement services. C.R. S. 1963,
88-2-2, provides for contracts between one or more local govern-
ments for the performance of any governmental service , activity,
or-undertaking which each of the contracting governments are
authorized by law to perform.
However, by statute, counties per se do not have the power to pro-
vide law enforcement. C.R.S. 1963,36-1-1, lists the powers of •
counties; C.R.S. 1963, 36-1-3 states that the powers of the county
shall be exercised by the Board of County Commissioners; and C.R.S.
1963 , 36-1-7, as amended, lists the powers of the Board of County
Commissioners. No where in these enumerated powers , either expressed
or implied, is the power of a county to provide law enforcement.
By statute, C.R.S. 1963, 35-5-11 through 17, the sheriff, as alcointy
officer, is given certain law enforcement powers.
Therefore, it is my position that a county may not contract with a
city or town for the taking over of law enforcement by the coup.ty,
as law enforcement is not one of the powers of the county, within
the contemplation of 88-2-2.
I am enclosing a copy of my opinion 69-4306 , 'which states that a city,
town or home rule city may not contract directly with the sheriff
. . for law enforcement - service. However, by statute, C.R.S. 1963,
99-2-4 and 5, the sheriff may assign officers to assist city or town
police, upon request , on a temporary or emergency basis, but there
is no statute for permanent assignment of sheriff=s officers to
assist in local law enforcement. •
ery truyours ,
4J7I
; W. DUNBAR 710536
D ED. .3P wI.T Attorney General
Enc.
` .e ' m . P 9 n-
February 10, 1971
•i f Win.r. 2.-, - - .,. i :a. '£ .t.. -. _ . at
The Honorable Duke %V. Dunbar ,-
Attorney General ,
State. of Colorado,,, • , - * F
State capital Buildla,,g • . �,,,- �•, I. . .�;� ,
D*aver, Coln 4rj _
Re: .Law Enforcement.in Fort Lupton, Col. i 1• County
Sheriff. ,
Dear Duke: ,
We are having problems in Weld •. •ty wit. . gard to law enforce-
ment in Fort Lupton, Colorado.. As , -ably know, the town is
at wits end trying to cope wi . - orci laws and is very desirous
of having Weld County t= - • •let= 'w enforcement within the
town. Said town is so f . .tically lo. ng t. •e County for help that
it is willing to turn ov= . complete la nforc . eat budget of the
Town on any terms t t we would c to dictate. The Weld County
Board of County Com..i:sioners has • - d several meetings regarding
this serious problem a art Lupto. ever, we cannot seem to
find a-soluti• rr.7tr.. to
At the la meeting had tween the Town and the Board of County
Commis : •.. .es, the n Weld County District Attorney, Robert Miller,
repres- .t= the Weld C, ty Sheriff, Richard Martinez. Leonard
McCain . rightoa, C• ,o, represented the Town of Fort I ,
and I rep . t eld County Board of County Commissioners.
Attorneys M - - cCain content that CRS - '63 88-2-2 provides
for the complete takeover of all law enforcement in Fort Lupton by
Weld County if the parties desire to do so by contract.
I do not share in their opinion. I feel that said Section does not contem-
plate entering into such a contract as we are confronted with, even
assuming that the sheriff is willing to oblige the Town. I'm of the
opinion that sub-paragraph (2) of Chapter 88 provides that any contract
•
Honorable Duke W. Dunbar
February 10, 1971
Page -2-
shall set forth fully the powers of the contracting parties, and I feel that
Veld County does not have the authority and power to provide law en-
forcement service directly, to a city or town. I'm fully aware of all of
the other statutes. relating to sheriff's duties, etc.
In view of the fact that we seem to be in a dilemma as to hat can or
cannot be done legally, the Weld County Board of County Commissioners
has requested that I seek your opinion concerning the fol' . ing question:
"May Weld County validly contract with i . .. 'ties
or towns in Weld County to provide la - cement e ' 'ces?
Please, your reply to my inquiry • be gre , y appreciated.
Very t • yours
Samuel S. i ele.
V ld Coun Attorney
SST/ems..
cc Weld Cou of c. shy issioners
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