SUBJECT:
Title
A Resolution of the Board of Trustees of the Town of Erie Delegating Certain Decisions Related to Police Officer Indemnification to the Police Chief
Body
DEPARTMENT: Police
PRESENTER: Kim Stewart, Chief of Police & Kendra Carberry, Town Attorney
TIME ESTIMATE: 15 minutes
only required for non-consent items
FISCAL SUMMARY: N/A
Cost as Recommended:
Balance Available:
Budget Line Item Number:
New Appropriation Required:
STAFF RECOMMENDATION:
Recommendation
Staff recommends approving this resolution.
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SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Law Enforcement Integrity Bill, Senate Bill 20-217 (the "Bill"), was enacted by the Colorado Legislature on June 13, 2020 and signed by the Governor on June 19, 2020. The Bill makes substantial changes to civil liability exposure to both officers and their employers. In general, officers are protected from civil liability by the Colorado Governmental Immunity Act (CGIA). However, the Bill creates a new cause of action for circumstances when an individual's rights protected under Article II of the Colorado Constitution (Colorado's Bill of Rights) have been deprived by the actions of an officer, including when an officer fails to intervene. Under the Bill, a court may not only award damages, but may also institute injunctive relief. Any action under this new statute must be commenced within two years after the cause of action accrues.
The Bill expressly excludes the application of statutory immunities and limitations on liability, damages and attorney fees to this new cause of action, and qualified immunity is not a defense to liability. While qualified immunity is not statutorily recognized in Colorado, it is a doctrine that was developed through federal case law for actions brought under certain federal statutes.
The Bill also addresses indemnification of officers by their employer, and deviates from the willful and wanton standard traditionally applied under th...
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