In a Durango City Council meeting on Tuesday, councilors voted to withdraw their baseless lawsuits against the county commissioners and sheriff related to their desire to use the La Plata County Jail for low-level municipal offenders. The city’s decision to pursue legal action rather than engage in good-faith negotiations was reckless.
A 30-year-old agreement regarding the use of the county jail by municipal, low-level offenders needs to be updated and was initiated by Sheriff Sean Smith in August. This is because of new jail standards, increasing liability and rising costs. In August, Smith sent the city – as well as the towns of Bayfield and Ignacio – a letter saying this needed to occur. The next day City Council threatened to sue.
While incarceration affects many individuals, the broader issue is the city’s costly approach to low-level municipal offenses – often criminalizing poverty in the process. The city has the right to enforce its municipal laws as it sees fit, but by insisting that the county jail accept these low-level offenders, it seeks to compel the county to take part in its approach, effectively shifting the burden of criminalizing poverty along with the financial and legal liability that comes with it. Many of these people have unmet, highly complex medical and mental health needs, creating additional liability and strain on the county’s resources.
The Durango Police Department continues to charge and jail people who commit serious state offenses – such as assault, burglary, property damage or theft – that threaten public safety. However, the county is not required to accept people charged solely with municipal offenses such as unpaid traffic tickets or failures to appear. By using the jail for low-level municipal offenders rather than citing and releasing them, the city has placed undue burdens on the county, without appropriate compensation or liability coverage.
Despite the city’s immediate threat of litigation, the county had attempted to develop an updated agreement. City and county officials and staff members met twice over the holidays to negotiate. We believed we were on a path to resolution. Instead of working collaboratively through a draft agreement that reflected these conversations – sent to the city on Jan. 3 – the city filed lawsuits. In the process, the city made repeated false accusations, misinterpreted state laws and wasted taxpayers’ money.
The county’s statutory authority is clear. As such, the District Court swiftly rejected the city’s legal claims at the first hearing, making it clear the case lacked merit. Hence, the city withdrew its lawsuits.
In the short-lived negotiations, the city suggested potentially discontinuing 911 services for the unincorporated areas of the county. Doing so would have an immediate impact on public safety and is a reckless negotiation tactic. The city and the county have worked as co-owners and partners on the 911 call center for at least 18 years, and we seek a fair and equitable 911 agreement.
There have been other damaging moves. This past week, the city asserted that the county attorney runs the county, not the commissioners. That is an affront to officials elected by the people and one we take exception to. We are very proud of the excellent work done by the county attorney’s office. The commissioners provided negotiating direction at every step.
At the city’s meeting on Tuesday, councilors raised other partnerships in a negative light. The mayor pro tem said the county pulled out of the 32nd Street project. This is an untrue statement that, sadly, was not corrected. The county contributed $4 million to that project – 50% of the cost.
Then, the city asserted the county pulled out of Durango Mesa Park. There was never an agreement to pull out of. There was an exciting visionary plan but it was simply too expensive for the county to participate.
Moving forward, we expect the city to engage in responsible, informed dialogue rather than resorting to costly and divisive legal maneuvers.
The La Plata County Board of County Commissioners are Marsha Porter-Norton, chair; Matt Salka, vice chair; and Clyde Church. Reach them at 382-6210.
