Thread: New Denver law won't force impounds

Comments are being left at the source link.
~~~

New Denver law won't force impounds
By Christopher N. Osher
The Denver Post

Article Last Updated: 09/11/2008 06:04:14 PM MDT


Despite passage of a ballot initiative designed to require police officers to impound the vehicle of unlicensed drivers, police officers will still have discretion in deciding whether or not to do so, the Denver City Attorney's office has decided.

"The actual language of I-100 did not change the basic principle that the police have discretionary authority to order impoundment at the scene of a traffic stop in appropriate circumstances," the memo, drafted by Assistant City Attorney David Broadwell reads.

Revekka Balancier, a spokeswoman for Denver Mayor John Hickenlooper, said that the proponents may have intended to make impoundment automatic. But she said the city attorney's office has concluded pre-existing ordinances were not changed by the passage of the initiative.

"That may have been the intent, but the legal analysis did not support it," she said.

She added that passage of the intiative still will require changes in city procedures, including implementation of a new $100 impoundment fee.

"Federal officials need to be consulted before vehicles can be impounded based on immigration status," the memo states.

The initiative had specified that police would have to impound cars cars driven by "illegal aliens." The memo states meetings are underway to develop protocols and procedures for determining a driver's immigration status in accordance with federal standards.

http://www.denverpost.com/ci_10439686?source=rss

From: buzzm1
To: MileHighMayor@denvergov.org
Bcc: misty.bishop@denvergov.org; bernadette.salazar@denvergov.org; louann.romero@denvergov.org; kelly.velez@denvergov.org; gretchen.williams@denvergov.org; shelley.smith@denvergov.org; debra.bartleson@denvergov.org; lauri.dannemiller@denvergov.org; ursla.null@denvergov.org; felix.ortiz@denvergov.org; Linkhartatlarge@ci.denver.co.us; rachel.kurtz-phelan@denvergov.org; lisa.zoeller@denvergov.org; carol.boigon@denvergov.org; rosalind.alston@denvergov.org; julia.gayles@denvergov.org; michael.hancock@denvergov.org; caitlin.quander@ci.denver.co.us; kathi.anderson@ci.denver.co.us; nora.kimball@ci.denver.co.us; jeanne.robb@ci.denver.co.us; teresa.stpeter@denvergov.org; stephanie.syner@denvergov.org; judy.montero@denvergov.org; lynne.lombard-hunt@denvergov.org; stephanie.cross@denvergov.org; carla.madison@denvergov.org; Valerie.Kerns@DenverGov.org; Jennifer.Redies@DenverGov.org; Chris.Nevitt@DenverGov.org; meagan.mercer@denvergov.org; carol.singer@denvergov.org; charlie.brown@denvergov.org; Marcia.Johnson@denvergov.org; sunni.rodgers@denvergov.org; diane.young@denvergov.org; peggy.lehmann@denvergov.org; denise.perez@ci.denver.co.us; gia.irlando@denvergov.org; paul.lopez@denvergov.org; dana.montano@ci.denver.co.us; jeanne.faatz@ci.denver.co.us; pat.defa@denvergov.org; rita.contreras@denvergov.org; rick.garcia@denvergov.org; Heather.Barry@denvergov.org; suzan.moore@denvergov.org; Sue.Cobb@denvergov.org
Subject: Opposition to Police Authority to Impound Illegal Immigrant Vehicles
Date: Mon, 28 Jul 2008 2:32 pm

--------------------------------------------------------------------------------


Mayor John W. Hickenlooper
Communications Director: Sue Cobb
Scheduler: Suzan Moore
Mayor’s Office Neighborhood Liaison: Heather Barry
Dist 1 - Rick Garcia
Dist 2 - Jeanne Faatz
Dist 3 - Paul D. López
Dist 4 - Peggy Lehmann
Dist 5 - Marcia Johnson
Dist 6 - Charlie Brown
Dist 7 - Chris Nevitt
Dist 8 - Carla Madison
Dist 9 - Judy Montero
Dist 10 - Jeanne Robb
Dist 11 - Michael Hancock - President
At-Large - Carol Boigon
At-Large - Doug Linkhart
Lauri Dannemiller, Executive Staff Director
Debra Bartleson, Legislative Analyst
Shelley Smith, Legislative Analyst
Gretchen Williams, Legislative Analyst
Kelly Vélez, Secretary/Parliamentarian
LouAnn Romero. Staff Assistant
Bernadette Salazar, Administrative Assistant
Misty A. Bishop Paull, Administrative Assistant

Impoundment not automatic
A city memo says under Initiative 100, police can decide when to take a car.
By Christopher N. Osher
The Denver Post
Article Last Updated: 09/12/2008 12:35:18 AM MDT

Despite passage last month of a ballot initiative requiring police to impound cars driven by unlicensed drivers and illegal immigrants, police officers still have the discretion as to whether to do so, the Denver city attorney's office has decided.

"The actual language of I-100 did not change the basic principle that the police have discretionary authority to order impoundment at the scene of a traffic stop in appropriate circumstances," stated a memo from the city attorney's office released Thursday afternoon.

The memo was drafted by Assistant City Attorney David Broadwell.

Revekka Balancier, a spokeswoman for Denver Mayor John Hickenlooper, said those pushing Initiative 100 intended to make such impoundments automatic, "but the legal analysis does not support that," she said.

"In general, the city attorney has advised that the actual language of the ordinance, not the language of the ballot question, controls the interpretation of the law now that it has been adopted by the voters," the memo states.

The memo adds that federal officials will have to be consulted before vehicles are impounded based on immigration status. The language of the initiative stated police would have to impound vehicles driven by "illegal aliens."

Broadwell's memo states that the city is arranging meetings with federal Immigration and Customs Enforcement officials to come up with "protocols and procedures" for determining a driver's immigration status in accordance with federal standards.

Dan Hayes, one of those who pushed the initiative, said he is researching ways to challenge the city attorney's decision.

"We must have a period of time where we can challenge their decision," Hayes said. "I don't know if that's in a formal court or not."

He added that the ballot language stated officers "shall" make such impoundments when a car is driven by an unlicensed driver, and he thinks the passage of such language should take precedence.

"Obviously, they're not interested in public opinion," Hayes said. "They've come up with their own solution."

Broadwell said passage of the initiative will require other adjustments. He said meetings are underway with court officials to come up with a way to expedite court processings that now will be required.

He added that the city will have to impose a $2,500 bond and a $100 fee when vehicles are impounded. The bond would be required to release a car from impoundment. That bond would be forfeited if the vehicle was driven by an unlicensed driver within one year.

Christopher N. Osher: 303-954-1747 or cosher@denverpost.com
http://www.denverpost.com/news/ci_10441746

Pro-ILLEGAL Denver Mayor Hickenlooper Weakens Law to Impound ILLEGAL’S Cars

This is the same pro-ILLEGAL alien mayor whose “sanctuary cityâ€

Yes, I did send this

Dear Mayor, Council members, and Staff

Stop trying to be such a proverbial pain in the *ss, and just tow the cars of unlicensed drivers.

Keep it simple, stupid.

Sincerely,
name removed (Buzzm1)
A very concerned citizen