TITLE 030

The City Manager shall be the chief administrative officer of the City and directly responsible to the City Council for the administration of the City. All Council direction to the City shall be through the City Manager who shall have the powers and duties enumerated in the Charter.

030.010.020 Administrative departments.

(a) Departments established. Except for the duties and functions of the City Clerk and the Resource Director, which shall be performed directly under the supervision of the City Manager, the administrative functions of the City shall be performed by the following departments: Financial Services, Public Works and Utilities, Public Safety, Fire and Community Development. (R & Re 8-91 §1)

(b) Financial services. Financial Services shall be conducted under the direction of the Director of Finance and shall include ail duties set forth in Section 6.6(A) of the Charter, data processing and other financial services as deemed necessary by the City Manager. (A 40-87 §1; R & Re 8-91 §1)

(c) Public works and utilities. Public works and utilities shall be conducted under the direction of the Director of Public Works and shall include all operations of the utility systems owned by the City, City engineering, all City field operations, special works activity team (SWAT), streets and alleys, cemeteries, parks, mechanical services and other public works and utilities functions as deemed necessary by the City Manager. The City Engineer shall report to the Director of Public Works, and his/her duties shall include that of Traffic Engineer. (A 40-87; R & Re 8-91 §1; A 1-93 §1)

(d) Public safety. Public safety shall be conducted under the direction of the Director of Public Safety and shall include all police services of the City and other public safety operations as deemed necessary by the City Manager. (Code 1962 §7.2-2, Code 1971 §2-2, A 38-90 §1; R & Re 8-91 §1)

(e) Fire Department. The Fire Department shall be conducted under the direction of the Fire Chief and shall include the areas of fire protection, ambulance services, disaster emergency services and other emergency services as deemed necessary by the City Manager. (Ad 38-90 §1; R & Re 8-91 §1; A 26-99 §§1, 2)

(f) Community Development. Community Development shall be conducted under the direction of the Community Development Director and shall include the areas of planning and zoning, building inspections, recreation and other community development services as deemed appropriate by the City Manager. (R & Re 8-91 §1)

(g) No authority to contract for City. Nothing in this Section shall be construed to grant to the director of the department or the City Manager the authority to enter into any contract, written, oral or otherwise, without the authorization of the City Council as provided in this Code and by the Charter. (Code 1962 §7.2-2; Code 1971 §2.2; A 38-90 §1)

(h) Responsibilities of directors of departments. The director of a department shall be immediately responsible to the City Manager for the effective administration of the department and the activities assigned to the department. The City Manager may set aside any action taken by a director of a department and may supersede the director in the functions of the director's office. All directors of a department shall keep themselves informed as to the latest practices in their particular field and shall inaugurate, with the approval of the City Manager, such new practices as appear to be of benefit to the service of the public. (Code 1962 §7.3-2; Code 1971 §2-1.5; A 38-90 §1)

(i) Reports. Reports of the activities of each department shall be made to the City Manager at the end of each month. A summary of all such reports shall be made by the City Manager and submitted to the City Council. Each director of a department shall establish a system of records and reports in sufficient detail to furnish all information necessary for proper control of departmental activities and to form a basis for the monthly reports to the City Manager. (Code 1962 §7.3-3; Code 1971 §2-16; A 38-90 §1)

(j) Preservation of records. Each director of a department shall be held responsible for the preservation of all public records under his/her jurisdiction and shall provide a system of filing and indexing the same. No public records, reports, correspondence or other data relative to the business of any department shall be destroyed or removed permanently from the files without the approval of the City Manager. All records and accounts of every office and department of the City shall be open to inspection by any citizen at all reasonable times and under reasonable regulations established by the City Manager, except such records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish, and except as provided in Section 24-72-201 et seq., C.R.S., as amended. (Code 1962 §7.3-4; Code 1971 §2-17; A 38-90 §1)

(k) Inter-departmental coordination during emergencies. In cases of emergency, it shall be the duty of every department, subject to such rules as the City Manager may prescribe, to furnish to any other department such service, labor and material as may be needed by the director of such department. Any labor or material which may be furnished by any department for any other department during such emergency shall be charged to the department and credited to the furnishing department, subject to applicable state law. (Code 1962 §7.3-5; Code 1971 §2-18; A 38-90 §1)

(Code 1962 §§7.2-2, 7.3-2—7.3-5; Code 1971 §§2-1.5, 2-2, 2-16—2-18; A 40-87 §1; A & Ad 38-90 §1; R & Re 8-91 §1; A 1-93 §1; A 26-99 §§1, 2)

030.010.030 Engaging services of persons not employed by City.

From time to time, the City may engage the services of those not employed by the City to assist the City administration in the performance of its duties. (Code 1971 §2-2.6)

ARTICLE 030.020

Legal Services

030.020.010 City Attorney.

The City Attorney shall be the legal representative of the City and shall advise the Council and City officials in matters relating to their official powers and duties. The City Attorney shall be an attorney-at-law admitted to practice in Colorado. The Council may provide the City Attorney with such assistants as the Council may deem necessary. The Council shall establish compensation for the City Attorney, his assistants and special counsel.

030.020.020 Duties.

The City Attorney, or his assistants, shall represent the City in all legal proceedings, supervise the drafting of all ordinances, and the preparation of all other legal documents. He or his assistants shall attend all Council meetings and shall perform all services incident to this position as may be required by the City Charter or the ordinances of the City.

030.020.030 Special Counsel.

The Council may, on its own motion, or upon request of the City Attorney, in special cases employ special counsel to serve under the direction of the City Attorney. Special counsel engaged in regard to irregularities found by audit or any alleged dereliction in the duties of any officer or employee, shall serve independently of the City Attorney.

030.020.040 Billing for Legal Services.

The City Attorney shall bill for time provided on legal services including recording fees and other reimbursable expenses related to building, development and utility matters that are regulated by Article 060, 070 and 080, respectively, of the Municipal Code.

(R 5-93 §1; Ad 17-03 §2)

ARTICLE 030.030

Municipal Court

030.030.010 Jurisdiction.

The Municipal Court shall have exclusive original jurisdiction to hear, try and determine all causes arising under this Code or any of the ordinances of the City. (Code 1962 §8-1; Code 1971 §13-1)

030.030.020 Procedure governed by Colorado Municipal Court Rules and Court.

The procedure, unless otherwise provided in this Article, in the Municipal Court shall be governed by Colorado Municipal Court Rules. The Municipal Court Judge may make rules for procedures which are not inconsistent with such Colorado Municipal Court Rules, including powers incident to compelling attendance of witnesses, punishment for contempt and enforcement of orders of Court. (Code 1962 §8.2; Code 1971 §13-2)

030.030.030 Penalty assessment tickets.

Except where the City Council has otherwise established penalty assessment fines by ordinance, the Municipal Judge is authorized to establish penalty assessment fines for violations of this Code. Upon-the establishment of penalty fines, the Police Department shall be authorized to issue penalty assessment tickets utilizing the fines ordered by the Court. Procedures for the issuance and adjudication of penalty assessment tickets shall be substantially in conformance with the procedures set forth in Article 120.040 regarding traffic infraction penalty assessments, except that such matters shall be considered criminal. (A 56-86 §1; R & Re 9-90 §2)

030.030.040 Release on bail.

All persons charged with a violation of this Code or any of the ordinances of the City shall be bailable before conviction. The terms and conditions of such bail shall be governed, where applicable, by the provisions of Section 16-4-101 et seq., C.R.S., as amended. The maximum amount of any bail shall not exceed one thousand dollars ($1,000.00). The City may enter into a contract with the Garfield County Bond Commissioner's office upon the recommendation of the Municipal Judge.

030.030.050 Appointment of counsel.

(a) Appointment. The Municipal Judge shall have the authority to appoint an attorney for indigent defendants in accordance with the United States and Colorado Constitutions. Before such appointment, the Municipal Judge shall make a finding of indigence in accordance with standards established by the Colorado Supreme Court for appointment of the public defender.

(b) Fees. Each attorney appointed by the Municipal Judge to represent an indigent defendant shall be entitled to fees in accordance with the following schedule:

(1) Out-of-court time: forty dollars ($40.00) per hour.

(2) In-court time: fifty dollars ($50.00) per hour.

(c) Partial indigence. In the event the Municipal Judge determines a defendant to be partially indigent, he/she may, at his/her discretion, appoint an attorney for that defendant. As a condition of such appointment, the Court may require the defendant to repay all, or part of, the attorney's fees incurred to represent such defendant. Such repayment may also be required of a defendant who becomes no longer indigent during the course of the proceedings. Such repayment may be charged irregardless of whether or not the defendant is convicted of the charges for which the appointment is made.

(Code 1971 §13-4; A 37-91 §1)

030.030.060 Plea agreements.

(a) In general. Where it appears that the efficient administration of criminal justice will be served, the City Attorney may engage in plea discussions for the purpose of reaching a plea agreement. A plea agreement shall be discussed and reached in accordance with the provisions of Section 16-7-301 et seq., C.R.S., as amended.

(b) Deferred prosecution. The Court may, prior to the entry of a plea of guilty and with the consent of the defendant, his/her attorney and the City Attorney, order the prosecution of the offense to be deferred for a period not to exceed one (1) year. During such time, the Court may place the defendant on supervised or unsupervised probation on such reasonable terms and conditions as the defendant, his/her attorney and the City Attorney may agree; however, no jail time may be imposed as a condition of such deferred prosecution.

(c) Deferred judgment and sentence. In any case in which the defendant has entered a plea of guilty, the Court has the power, with the written consent of the defendant, his/her attorney and the City Attorney, to continue the case for a period of one (1) year from the date of entry of such plea for the purpose of entering judgment and sentence upon such plea of guilty. This one-year period may be continued for a not-to-exceed period of one (1) additional year in those circumstances when the Court deems that it is in the interest of justice, upon the written request of the City Attorney, the defendant, and the defense counsel. During such time, the Court may place the defendant on supervised or unsupervised probation on such reasonable terms and conditions as the defendant, his/her attorney and the City Attorney may agree; however, the Court may, as an additional condition of such deferred sentence, commit the defendant to jail, during such deferred period of time, for a period of time not to exceed ten (10) days. Such commitment, at the Court's discretion, need not be served on consecutive days. (A 11-94 §1)

(d) Dismissal of action or revocation. Any charges deferred pursuant to Subsections 030.030.060(b) and (c) shall be dismissed, with prejudice, upon the defendant's satisfactory completion of the conditions during the period of probation. If the conditions imposed on the defendant pursuant to Subsections 030.030.060(b) and (c) are violated, the City Attorney may file a motion to revoke the deferred prosecution or deferred judgment and sentence. The determination of whether or not a violation has occurred shall be made by the Court after a hearing held upon notice of the same of not less than five (5) days, unless such notice is waived, to the defendant and his/her attorney of record. The motion to revoke the deferred prosecution or deferred judgment and sentence shall be filed with the Court either during the period of probation or within thirty (30) days thereafter. The burden of proof at such hearing shall be by a preponderance of the evidence, and the defendant shall be granted procedural due process rights. (A 11-94 §1)

(A 11-94 §1)

030.030.070 Imposition of court costs.

The Municipal Judge is empowered, in his/her discretion, to assess the following costs against any defendant who is found guilty of violating any provision of this Code or any of the ordinances of the City, or against any defendant who is granted a deferred prosecution or deferred sentence:

(1) Court costs. Court costs for ordinance violations shall be established annually by City Council resolution and may be assessed against every defendant who is found guilty or who has pled guilty or no contest to any ordinance or Charter violation. (A 31-92 §1; A 1-05 §1)

(2) Victim's and witnesses assistance. A surcharge equal to twenty-five percent (25%) of the fine imposed for violation of all municipal ordinances, including ordinance violations under the Model Traffic Code, shall be levied on each Municipal Court action resulting in a conviction, plea of guilty or no contest, or in a deferred judgment and sentence. All calculated surcharge amounts resulting in dollars and cents shall be rounded to the nearest whole dollar. In the event a portion of the fine is suspended, the surcharge levied shall be computed based upon the original fine, regardless of whether a portion of said fine has been suspended. Said surcharge shall be paid to the Clerk of the Court by the defendant, and said Clerk shall deposit the money so received in the Victim's and Witnesses Assistance Fund. Disbursement of funds shall be in accordance with the guidelines set forth in Subsection 020.020.030(h) (R & Re 29-93 §4; A 10-09 §2)

(3) Jury fee. Six dollars ($6.00) per day for actual jury service or three dollars ($3.00) per day of service on the jury panel alone, plus mileage of fifteen cents ($0.15) per mile for each mile actually and necessarily traveled from the juror's residence to the Court, but in any event not less than the twenty-five-dollar fee to be paid to the Court pursuant to the Municipal Court Rules of Procedure.

(4) Bench warrant fee. Court costs shall be established annually by City Council resolution per warrant issued plus any costs incurred for transporting the defendant from his/her place of arrest to the City. (A 1-05 §1)

(5) Probationary or other services. Actual costs incurred either by the City or the defendant for probationary or treatment services for the defendant or useful public service by the defendant as such may be ordered by the Court.

(6) Letter fee. Court costs shall be established annually by City Council resolution per regular letter or certified letter for any letter sent to a defendant where the defendant has failed to respond to a written notice of Court or a summons. Such letter fee shall not limit the Court's ability to fine or sentence a defendant for contempt for such failure to respond. (A 1-05 §1)

(7) Jail costs. Actual per day cost charged to the City for each day a defendant is sent to jail, plus any fees charged to the City for services of the Bond Commissioner for such defendant. (A 6-98 §1)

(8) Other State-mandated costs. Any and all costs mandated by the State of Colorado from time to time. (Ad 31-02 §1)

(9) Detoxification surcharge. In addition to any other surcharges, fees or fines, a surcharge equal to ten percent (10%) of the fine imposed for violation of all alcohol- and/or drug-related municipal ordinances shall be levied on each such action resulting in a conviction, plea of guilty or no contest, or in a deferred judgment and sentence. The surcharge shall also be levied on all actions resulting in a conviction, plea of guilty or no contest, or in a deferred judgment and sentence in actions in which alcohol and/or drugs were factors contributing to the violation, whether such violation is alcohol- and/or drug-related itself. All calculated surcharge amounts shall be rounded to the nearest whole dollar. In the event a portion of the fine is suspended, the surcharge levied shall be computed on the original fine. The surcharge shall be paid to the Clerk of the Court by the defendant and shall then be deposited in a fund used to offset the costs to the City for detoxification services. (Ad 36-02 §1)

(A 31-92 §1; R & Re 29-93 §4; A 6-98 §1; Ad 31-02 §1; Ad 36-02 §1)

030.030.080 Imposition of sentence.

The Municipal Judge is empowered to impose the penalties for violations of this Code or any of the ordinances of the City in accordance with Section 010.020.080, except as may be otherwise provided in this Code and except as the sentencing authority of this Court may be limited by Section 13-10-103, C.R.S., as amended.

030.030.090 Restitution.

The Municipal Judge is empowered to order a defendant who is found guilty of violating any provision of this Code or any of the ordinances of the City or who is granted a deferred prosecution or deferred sentence to make restitution or reparation, or both, to the victim of the defendant's conduct for the damage or injury which was sustained.

030.030.100 Probation.

The Municipal Judge is empowered to place a defendant who is found guilty of violating any provision of this Code or any of the ordinances of the City, or who is granted a deferred prosecution or deferred sentence, on probation for a period not to exceed one (1) year. Such probation may be supervised or unsupervised and may be made conditional upon the successful completion of reasonable terms and conditions. Revocation of probation shall occur in the same manner as revocation of a deferred prosecution or deferred sentence. The Municipal Judge is empowered to utilize probationary services as are provided by the City Council or with which the Court may contract at no cost to the City.

030.030.110 Incarceration of certain offenders.

Each person sentenced to jail by the Municipal Court shall serve the sentence in the nearest county jail with space available and shall be entitled to the same treatment as those prisoners in the respective county jail sentenced for violations of criminal statutes of the State. (Code 1971 §10; A 6-98 §2)

030.030.120 Failure to appear.

It shall be a misdemeanor for any person to fail to appear in Court when directed to do so by a summons or when ordered to do so by the Court. Upon conviction of a violation of this Section, such person shall be punished in accordance with the provisions of Section 010.020.080.