Tow Appeal Hearings

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, I hereby request the following records:

Abandoned vehicle hearing records from March 2020 to now: decision reports, hearing schedules,logs, emails with city attorney and police chief, hearing request forms, and training materials. Log of abandoned vehicles.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Samuel Newton

Abandoned vehicle hearing records from March 2020 to 10/03/2023:
- decision reports.
- hearing schedules.
- logs.
- emails with city attorney and police chief.
- hearing request forms, and training materials.
- Log of abandoned vehicles.

I am requesting this list of documents.
As far as the emails I don't know how many abandoned vehicle hearings have been request or taken place to believe the request is too broad.

Please let me know if you have questions.

Why was the response delayed?

This request is directed towards Englewood Police Department in Englewood, Colorado.

I'd also like to request the recordings for the scheduled hearings from March 2020 to October 3rd 2023.

11-1A-8: - Conduct of Hearing.

A.

The Hearing Officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. Such hearing shall be tape recorded.

B.

The City shall carry the burden of establishing that there was probable cause to impound the vehicle in question.

C.

The Hearing Officer shall only determine that, as to the vehicle in question, the person requesting the hearing is the registered owner or other individual having right to possession, and either (1) there was probable cause to impound the vehicle, or (2) there was no such probable cause.

D.

At the conclusion of the hearing, the Hearing Officer shall prepare a written decision. A copy of such decision shall be provided to the individual requesting the hearing and the City. In the event that the Hearing Officer determines that there was no such probable cause, the Hearing Officer shall prepare a "certificate of no probable cause", copies of which shall be given to the owner of the vehicle, the City, and the garage storing the vehicle. Upon receipt of the owner's copy of such certificate, the police garage having custody of the vehicle shall release the vehicle to its owner.

E.

Upon a finding of no probable cause, towing and storage fees shall be paid by the City in accordance with arrangements made between the City and police garages.

F.

If the owner fails to present such certificate to the police garage having custody of the vehicle within twenty-four (24) hours of its receipt, excluding such days when the garage is not open for business, the owner shall assume liability for all subsequent storage charges. Such certificate shall inform the owner of such requirement.

G.

If the Hearing Officer determines that the impoundment was valid and if the owner does not comply with the appropriate ordinances within ten (10) days of the Hearing Officer's decision and refuses to remove the motor vehicle by means other under its own power on a public highway, the City OF Englewood shall have reasonable grounds to believe the motor vehicle has been abandoned and the provisions of Section 11-1A-4 of this Article shall apply and the vehicle may be disposed of in accordance with the provisions of said Section 11-1A-4, Disposition of Unclaimed Vehicles.

H.

The Hearing Officer's decision in no way affects any criminal proceeding in connection with the impound in question, and any criminal charges involved in such proceeding may only be challenged in the appropriate court.

I.

The decision of the Hearing Officer is final.

Requesting the records designating the Police Chief as the Hearing Officer overseeing hearings for vehicles towed by the police department.

11-1A-7: - Referral to Hearing Officer.

A.

The Hearing Officer shall be designated by the City Manager.

B.

Upon receipt by the City of a written request for a hearing, such hearing shall be conducted by the Hearing Officer within forty-eight (48) hours, excluding weekends and City holidays, unless such person requesting the hearing waives the right to a speedy hearing.

C.

The sole issues before the Hearing Officer shall be (1) whether there was probable cause to impound the vehicle in question. "Probable cause to impound" shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there was sufficient breach of local, State or Federal law to grant legal authority for the removal of the vehicle; (2) the person requesting the hearing is the registered owner or other individual having right to possession of the vehicle.

I'd like to ammend my request with the following:

Pursuant to the Colorado Open Records Act (CORA), I am requesting access to and a copy of the logs of all CORA requests submitted to your agency over the past 180 days. This request includes, but is not limited to, the dates of requests, the nature of the requests, the responses provided, and any associated correspondence.

Please provide the requested records in an electronic format if possible. If there are any fees for searching, reviewing, or copying the records, please inform me before processing my request. Additionally, if you need any further information or clarification to locate these records, please let me know at your earliest convenience.

Thank you for your assistance and prompt attention to this matter.