IMMIGRATION RESOLUTION

ACKNOWLEDGING THE REQUIREMENTS UNDER COLORADO REVISED

STATUES SECTION 29-29-101, et. seq.

AND PROVIDING FOR THE IMPLEMENTATION OF POLICIES CONSISTENT THEREWITH

           WHEREAS, the City of Fort Morgan is a Colorado Home Rule Municipality pursuant to Colorado law; and

           WHEREAS, the passage of Colorado Revised Statutes Section 29-29-102, et. seq., requires compliance with its provisions as a condition of continued eligibility for financial assistance through grants administered by the Colorado Department of Local Affairs; and

           WHEREAS, while reserving its powers as a Home Rule Municipality, the City of Fort Morgan believes it is advisable to recognize its responsibilities under the above-referenced Colorado statute and to adopt the within Resolution accordingly;

           NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT MORGAN, COLORADO:

1.       The City shall not, whether acting through its governing body or by an initiative, referendum or any other process, enact any ordinance or policy that limits or prohibits a peace officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this state.

2.       Peace officers employed by the City having probable cause that an arrestee for a criminal offense is not legally present in the United States shall report such arrestee to the United States immigration and customs enforcement office if the arrestee is not held at a detention facility.  However, this reporting duty shall not apply to arrestees who are arrested for a suspected act of domestic violence as defined by section 18-6-800.3, C.R.S., until such time as the arrestee is convicted of a domestic violence offense.

3.       The Chief of Police shall provide notice in writing to Fort Morgan police officers of the duty to cooperate with state and federal officials with regards to enforcement of state and federal laws regarding immigration and comply with the reporting requirements set forth in paragraph 2 above.

4.       The Chief of Police shall adopt such policies to implement the within Resolution and shall maintain records of the number of reports made pursuant to C.R.S. § 29-29-103(2)(a).

4.       The Superintendent of Public Works shall provide written confirmation to the general assembly that the City has provided the notice required under paragraph 3 above and shall annually, on or before March 1 of each year, report to the legislative council of the general assembly the number of reports made to the United States immigration and customs enforcement office pursuant to this article.

          PASSED, APPROVED, AND ADOPTED this 5^th day of September, 2006, the vote upon roll call being as follows:

          Ayes: Mayor Darnell; Aldermen Baltazar, McAlister, Powers, Schafer, Shaver and Simmons.

          Nays: none.

          Absent/Abstain: none.

                                                                                                                                                                THE CITY COUNCIL OF THE CITY OF

                                                                                                      [ SEAL ]                                                          FORT MORGAN, COLORADO

                                                                                                                                                                            BY: /s/ Jack L. Darnell

ATTEST:                                                                                                       Mayor

 /s/ Nancy J. Lockwood

                        City Clerk

STATE OF COLORADO            )

COUNTY OF MORGAN            )    ss.                    CERTIFICATE

CITY OF FORT MORGAN         )

I, NANCY J. LOCKWOOD, City Clerk for the City of Fort Morgan, Colorado, do hereby certify and attest that the foregoing Resolution is a true, perfect and complete copy of the Resolution adopted by the Council of Fort Morgan, Colorado, and is identical to the original thereof appearing in the official records of the City of Fort Morgan, Colorado, and that the same has not been, since its adoption, in any respect, rescinded or amended.

IN TESTIMONY WHEREOF, I have hereunto set my hand and have affixed the seal of the City of Fort Morgan this _____ day of September, 2006.

/s/ Nancy J. Lockwood

                          City Clerk