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ORDINANCE: O-2003-26
SUBJECT: An Ordinance Amending the definition of peace officers and amending the authority of court marshals.
RECOMMENDATION: Adopt the Ordinance amending Section 1.04.010 and Section 2.20.155 of the Lakewood Municipal Code relating to the definition of peace officers and the authority of court marshals, respectively.
SUMMARY AND BACKGROUND OF SUBJECT MATTER: The office of the Lakewood Court Marshal has existed since the early 1970s. The presiding judge of the Lakewood Municipal Court appoints the chief court marshal and the deputy marshals. The court marshals are not police agents and are neither hired nor supervised by the police department. There are currently five court marshals under the supervision of the chief court marshal. The court marshals are defined by Section 1.04.010 of the Lakewood Municipal Code as peace officers. Section 2.20.155 delineates the limited authority of the court marshals.
Until August 6, 2003, Lakewood court marshals were recognized as peace officers, level 3, the definition of which was found at C.R.S. § 18?1?901(3)(l)(iv). House Bill 03-1266 changed the state definition of peace officer and, as a result, the Lakewood court marshals are no longer considered peace officers under state law. Those attributes of being a peace officer, such as the ability to arrest based on probable cause and the ability to use physical force and deadly force beyond that granted to an ordinary citizen, are no longer available to the court marshals. It appears that Lakewood's home rule authority does not exempt it from the provisions of the House Bill.
The attached ordinance amends Section 1.04.010 and Section 2.20.155 to delete provisions, which provide police arrest authority to the court marshals. Court marshals will still be able to issue municipal summonses for violations of the Lakewood Municipal Code that occur in the Lakewood Public Safety Center, its grounds and parking areas and execute municipal court arrest warrants therein. Other duties of the court marshals, such as transporting prisoners and providing security at the Lakewood Public Safety Center, remain unchanged.
FUNDING SOURCE: No funding.
DATE OF FIRST READING: September 22, 2003
DATE OF SECOND READING: October 13, 2003
ORIGINATED BY: Roger Noonan, City Attorney
STAFF PERSON RESPONSIBLE: Roger Noonan, City Attorney, 303-987-7451
DOCUMENTS ATTACHED: Ordinance O-2003-26
Redline Version
SUBMITTED BY:
Roger Noonan, City Attorney
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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