County Administration

www.douglas.co.us

MEETING DATE: March 12, 2019

STAFF PERSON
RESPONSIBLE: Dru Campbell, Office Manager
DESCRIPTION: Resolution Regarding Citizens' Constitutional Rights, Public Safety
and Mental Health.
SUMMARY: HB1177, the Extreme Risk Protection Order (ERPO), is currently
working its way through the legislative process in the Statehouse.
This bill outlines a process for firearms to be removed from the
possession of an individual based solely on the reports of an
interested person. In its current form, this bill does not allow for
Due Process for the individual. The Resolution includes information
about a state statute currently available that addresses the situation
that the ERPO attempts to resolve, the Douglas County Mental
Health Initiative and the pledge of County Commissioners to only
fund the enforcement of duly enacted state laws that include the
rights to due process, bear arms and defense from evil.

RECOMMENDED
ACTION: Approve the Resolution

REVIEW:
Doug DeBord Completed 03/08/2019 4:03 PM
Legal Department Completed 03/08/2019 4:04 PM
Finance Department Completed 03/08/2019 4:10 PM
County Administration Completed 03/08/2019 4:10 PM
Board of County Commissioners Pending 03/12/2019 1:30 PM
 (ID # 5381)
THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF DOUGLAS, COLORADO

RESOLUTION REGARDING CITIZENS' CONSTITUTIONAL RIGHTS, PUBLIC

SAFETY AND MENTAL HEALTH.

WHEREAS, the Board of County Commissioners is acutely aware of the tragic suffering
our citizens experience when the mentally ill harm themselves or others, and
WHEREAS, the Board of County Commissioners recognizes the high importance of
public safety in our community, and
WHEREAS, the Board of County Commissioners took an oath to support and defend the
Constitution of the United States of America and the Constitution of the State of Colorado, and
WHEREAS, pursuant to C.R.S. § 30-11-101, the ultimate duty to govern the county and
oversee its resources is the responsibility of the Board of County Commissioners, and
WHEREAS, C.R.S. § 27-65-127 currently provides a process whereby an interested
person can petition the court to potentially deprive an individual of a legal right if the individual
has a mental health disorder and is found to be a danger to himself/herself or others, is gravely
disabled, or is insane as otherwise defined in law, and
WHEREAS, C.R.S. § 27-65-127 further provides adequate due process for individuals,
prior to any deprivation of any legal rights, requiring a finding that the deprivation is both
necessary and desirable, and subject to limited time periods without ongoing court oversight and
periodic hearings, and
WHEREAS, the Board of County Commissioners recognizes that Douglas County has a
reputation for being one of the safest places in Colorado, and that reputation has allowed our
county to thrive, prosper, and attract exceptional new residents who also value the public good
and pursue their lives, liberties, and happiness here, and
WHEREAS, the Board of County Commissioners shall continue to pursue positive,
innovative, and anticipatory solutions as a board and in partnership with others, in order to
provide for the health, safety, and wellbeing of our citizens, and to address the root causes of the
violent tragedies that have devastated our county, state, and nation, and
WHEREAS, when a tragic incident involving mental illness occurred locally in 2014
which resulted in severe injury and deaths, Douglas County developed the nationally recognized
Mental Health Initiative with 40 regional partners; an innovative, collaborative, and proactive
solution which has already saved lives, improved the quality of life for citizens age 5 to 87, and
kept individuals from being placed in jail or taken to emergency rooms when mental health is the
key issue.
THEREFORE, the Board of County Commissioners will continue to work to ensure that
Douglas County will be a safe place for individuals to pursue their God given rights, liberties,
and freedoms in peace and prosperity, and
The Board of County Commissioners will fund the enforcement of only those duly enacted state
laws that fully respect and support the Constitutional rights of our citizens, including their rights
to due process, to bear arms, and to defend themselves from evil.
PASSED AND ADOPTED this 12th day of March, 2019 in Castle Rock, Douglas County,
Colorado.

THE BOARD OF COUNTY COMMISSIONERS

OF THE COUNTY OF DOUGLAS, COLORADO

BY:

____________________________________
LORA L. THOMAS, Chair

ATTEST:

____________________________________
EMILY WRENN, Clerk to the Board