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Open Records Act Investigation of all Colorado County Sheriffs’ Auxiliary Aids and Services Policies

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Issues

There are 64 counties in Colorado.  CCDC is currently a plaintiff in a lawsuit against the City and County of Denver addressing these very issues.  We recently settled a lawsuit with Jefferson County addressing these issues.  We recently filed a lawsuit against Adams County addressing these issues.  Therefore, we did not send CORA’s to those counties, leaving us with 61 CORA’s sent.  All CORA’s were sent by certified mail; we received a signed receipt of all requests.

With respect to our ongoing investigation, CCDC’s Legal Program has been collaborating with the Department of Justice Disability Rights Section.  On October 16, 2012, CCDC’s Legal Program sent a memo to DOJ counsel detailing the investigation so far.  See the letter below.  Please note that this memo only describes the policies of those Sheriff’s Departments that provided policies in response to our CORAs.

CCDC’s goal in conducting these investigations, litigating the effective communication cases against Sheriff’s Departments, and collaborating with the DOJ, is to insure that every Sheriff’s Office in the state of Colorado complies with its duties to provide effective communication to witnesses, suspects, victims, arrestees and detainees who are deaf and to take appropriate steps to insure that auxiliary aids and services will be offered and provided to deaf witnesses, suspects, victims, arrestees and detainees.

CCDC recently reached a settlement agreement with the Arapahoe County Sheriff’s Office in regards to their auxiliary aids and services policies.

Status

Of the 61 CORA requests, 47 counties timely complied with the request and provided responsive information.

Of the 47 responses, 35 counties had no written policies in place:

  1. Baca
  2. Bent
  3. Boulder
  4. Chaffee
  5. Clear Creek
  6. Costilla
  7. Crowley
  8. Custer
  9. Delta
  10. Dolores (they do not have a jail, use Montezuma County’s jail)
  11. Fremont
  12. Garfield
  13. Grand
  14. Gunnison
  15. Hinsdale (they have no jail)
  16. Huerfano
  17. Jackson
  18. Kiowa
  19. La Plata
  20. Lincoln
  21. Mesa
  22. Moffat
  23. Montezuma
  24. Montrose
  25. Morgan
  26. Park
  27. Pitkin
  28. Prowers
  29. Rio Blanco
  30. Routt
  31. San Juan
  32. Sedgwick
  33. Summit
  34. Teller
  35. Washington

Of the 47 responses, 12 counties had written policies that address the issue:

  1. Arapahoe
  2. Broomfield
  3. Douglas
  4. El Paso
  5. Lake
  6. Larimer
  7. Las Animas
  8. Logan
  9. Otero
  10. Phillips
  11. San Miguel
  12. Weld

**Some of these counties’ policies are sufficient, some do not do enough to ensure that a deaf or hard of hearing arrestee/detainee will have effective communication.

 

Of those 61 CORA requests, 14 counties did not respond at all, so we sent Notices Regarding Application for Order to Show Cause Why [the Sheriff] Should Not Permit Inspection of Records Requested:

  1. Alamosa — responded to Notice that they do not have policies
  2. Archuleta — responded to Notice that they do not have policies
  3. Cheyenne — responded to Notice that they do not have policies, there is no jail
  4. Conejos – Lawsuit filed
  5. Eagle – have sent their policy in response to Notice
  6. Elbert — have sent their policy in response to Notice
  7. Gilpin — responded to Notice that they do not have policies
  8. Kit Carson – responded to Notice that they do not have policies
  9. Mineral – Lawsuit filed and settled
  10. Ouray – responded to Notice that they do not have policies
  11. Pueblo – Lawsuit filed and settled
  12. Rio Grande – have sent their policy in response to Notice
  13. Saguache – responded to Notice that they do not have policies
  14. Yuma – have sent their policy in response to Notice

Available Document


Media Coverage


    Important Notice
    CCDC’s employees and/or volunteers are NOT acting as your attorney. Responses you receive via electronic mail, phone, or in any other manner DO NOT create or constitute an attorney-client relationship between you and the Colorado Cross-Disability Coalition (CCDC), or any employee of, or other person associated with, CCDC. The only way an attorney-client relationship is established is if you have a signed retainer agreement with one of the CCDC Legal Program attorneys.

    Information received from CCDC’s employees or volunteers, or from this site, should NOT be considered a substitute for the advice of a lawyer. www.ccdconline.org DOES NOT provide any legal advice, and you should consult with your own lawyer for legal advice. This website is a general service that provides information over the internet. The information contained on this site is general information and should not be construed as legal advice to be applied to any specific factual situation.

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