To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Michael J. Hyman, Town Attorney
Title
Resolution Approving the Intergovernmental Agreement for Law Enforcement Services Relating to the Enforcement of an Ordinance Limiting the Unloading of Commercially-Transported Passengers Between the Board of County Commissioners of Douglas County, on Behalf of the Douglas County Sheriff’s Office, and the Town of Castle Rock, Colorado
Body
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Executive Summary
Pursuant to the direction given by the Town Council at its May 7, 2024, meeting, the Town Attorney’s Office has drafted an IGA between the Board of County Commissioners, on behalf of the County Sheriff, and the Town that will allow the County Sheriff to enforce the County’s Ordinance limiting the unloading of commercially-transported passengers (the “Anti-Busing Ordinance”) within Town boundaries.
History of Past Town Council, Boards & Commissions, or Other Discussions
At their March 12, 2024, meeting, the Douglas County Board of Commissioners adopted Ordinance No. O-024-001 - an Anti-Busing Ordinance to be enforced within the unincorporated County.
At the April 16, 2024, Town Council meeting, the Town Attorney’s Office was given direction to explore the potential legal ramifications associated with enforcement of the Anti-Busing Ordinance within Town boundaries.
At the May 7, 2024, Town Council meeting, the Town Attorney and the Town Manager recommended that the Town Council enter into an IGA with the County to allow the County Sheriff’s Office to enforce the Anti-Busing Ordinance within Town boundaries.
Discussion
Across the country, anti-busing ordinances have been enacted by a number of suburban municipalities located near urban areas receiving migrant buses. The purpose of these ordinances preemptively stop, or at least deter, such buses from coming into their jurisdictions. It should be noted that the City of Chicago, which has also adopted an anti-busing ordinance, has been sued in federal court by a Texas bus company alleging that the ordinance is “unconstitutional” and “punishes” transportation companies who do business with Texas. We will keep Town Council apprised as this lawsuit progresses through the judicial system.
By adopting an Anti-Busing Ordinance in March of this year, the County Sheriff’s Office has had sufficient time to establish policies and procedures concerning its enforcement. Given the fact that any migrant bus coming into the Town would first have to go through the unincorporated County to arrive at its final destination, it will be more efficient to authorize the County Sheriff’ Office to enforce the Anti-Busing Ordinance within Town boundaries. The County will be moving forward with the adoption of an amendment to its Anti-Busing Ordinance to allow the Ordinance to be enforced within those portions of incorporated Douglas County where the local government has conferred authority and jurisdiction to the County Sheriff’s Office by agreement.
Staff Recommendation
The Town Attorney and the Town Manager recommend that the Town Council approve the proposed IGA with the County.
Proposed Motion
I move to approve the resolution as introduced by title.
I move to approve the resolution as introduced by title, with the following conditions: __________________.
I move to continue the resolution to the Town Council meeting on __________.
Attachments
Attachment A Resolution
Attachment B IGA between the Town and the County
Attachment C Draft Ordinance Amending the Anti-Busing Ordinance