One of the commissioners who voted for the ordinance misled by saying businesses will be free of fines.
DOUGLAS COUNTY, Colo. — Douglas County’s three Republican commissioners unanimously approved an ordinance Tuesday requiring businesses to report theft or face fines.
The measure will affect roughly 900 businesses in unincorporated parts of the county beginning in April.
“This ordinance is not about victimizing victims, it’s about restoring public safety and basic rule of law,” said Commissioner Abe Laydon.
“I had serious issues with the very first draft that was introduced and with all the changes that have been made between all of last year, but especially between Dec. 9 and today, I’ve come around to be very comfortable with it,” said Commissioner Kevin Van Winkle.
When Van Winkle took part in the introductory news conference of the ordinance on Dec. 9, he did not let anyone know about his “serious issues” with the proposal.
“The goal of this ordinance is to change corporate policies that could retaliate against their own employees for simply reporting theft,” Van Winkle said on Dec. 9.
When the revised version was approved on Tuesday, it was not clear whether Van Winkle understood what the ordinance he voted in favor of could do.
“I’ve come around from the very first reading, and hopefully those we hear from today will distinguish between what was originally proposed and what is actually passing today, which is free of fines and penalties and all that stuff,” Van Winkle said.
But it is not free of fines and penalties and all that stuff.
The Dec. 9 version required a business to report a theft within four days. If not, that business could be fined up to $50 a day for each day it did not report the theft, up to $1,000.
The version passed on Tuesday gives the court discretion based on a state law that allows for a fine of up to $1,000.
“The goal of this is to make sure policies aren’t enacted that encourage businesses not to comply with the Colorado law,” county attorney Jeff Garcia said.
Garcia, who drafted the ordinance, has said that reporting crime is already a requirement in state law and that the county version makes it so that companies cannot enact policies that prevent employees from reporting theft.
“I feel very confident this ordinance has been very carefully thought out,” Commissioner George Teal said.
The version that takes effect in April still requires businesses to report theft or face fines, but it allows businesses to report it using an online reporting tool with the sheriff’s office. That report does not require real-time suspect information.
Republican District Attorney George Brauchler and Republican Sheriff Darren Weekly both appeared at the December news conference, but since then, neither would commit to saying they support the ordinance.
On Tuesday, Weekly said in a statement, “This ordinance is a step in the right direction. It reinforces the importance of timely reporting and evidence preservation while focusing on corporate entities rather than individual employees.”
Brauchler has distanced himself from saying he supports the ordinance other than to say shoplifters will go to jail in Douglas County, which is not what the retail theft ordinance is about.
