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HomeMy WebLinkAbout11101 City Clerk's Office Item # S6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 12, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Chris Noeller, Chief of Police SUBJECT: AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND VARIOUS COMMUNITY AGENCIES ESTABLISHING THE PUEBLO SEXUAL RESPONSE TEAM (SART) AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Ordinance approves a Memorandum of Understanding (MOU) between the City of Pueblo (through the Police Department) and twelve other community and governmental agencies to formally establish and maintain the Pueblo Sexual Assault Response Team (SART). PREVIOUS COUNCIL ACTION: None. BACKGROUND: The purpose of this Memorandum of Understanding is to enhance the collaborative response to sexual assault cases within Pueblo. The Sexual Assault Response Team support individuals who have experienced sexual violence, while identifying system limitations and holding offenders accountable. The SART brings together a multidisciplinary team including law enforcement, victim advocacy groups, medical providers, and educational institutions. The partner agencies include the 10th Judicial Child Advocacy Center, Pueblo Community College, Pueblo County DHS, Pueblo Southern Colorado, Spark the Change, and Parkview Medical Center. Under this MOU, the Pueblo Police Department agrees to respond promptly to reports, conduct victim- centered investigations, coordinate with advocates and forensic professionals, and participate in regular SART case review meetings. The agreement outlines protocols for confidentiality, information sharing, and cross-training among all parties. FINANCIAL IMPLICATIONS: There is no direct financial cost to the City of Pueblo associated with this MOU. Each party agrees to be responsible for its own liability and litigation expenses incurred as a and resources designated for the investigation of sexual assault cases. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: The MOU was developed through collaboration among the thirteen participating governmental and community agencies, all of whom have a documented history of working together to address sexual assault in the community. ALTERNATIVES: Pueblo City Council could choose not to approve this Ordinance. However, this would hinder the formal collaboration and coordinated response necessary to effectively support victims of sexual violence and investigate these crimes. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Pueblo SART MOU (1) ORDINANCE NO. 11101 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND VARIOUS COMMUNITY AGENCIES ESTABLISHING THE PUEBLO SEXUAL RESPONSE TEAM (SART) AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City of Pueblo, through its Police Department, desires to collaborate with community partners to enhance the response to sexual assault cases; and WHEREAS, the parties have a documented history of collaboration working to better the community by addressing sexual assault; and WHEREAS, a coordinated, compassionate, and comprehensive approach is necessary to support victims and hold offenders accountable; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding by and between the City of Pueblo and the 10th Mariposa Center for Safety, Colorado State University-Pueblo, Pueblo Child Advocacy Center, Pueblo Community College, Pueblo County Department of Human Services, Pueblo County Services Inc. (dba Juniper Southern Colorado), Spark the Change, and Parkview Medical Center, Inc., a copy of which is attached hereto and incorporated herein by reference, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute and deliver the Memorandum of Understanding in the name of the City of Pueblo, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City of Pueblo are authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Memorandum of Understanding to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 22, 2025. Final adoption of Ordinance by City Council on January 12, 2026. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk MEMORANDUM OF UNDERSTANDING SEXUAL ASSAULT RESPONSE TEAM (SART) This Memorandum of Understanding (MOU) is entered into and made effective February 1, 2026 (ÐEffective DateÑ), by and between: 10th Judicial District AttorneyÓs Office (DA); A Community Organization for Victim Assistance (ACOVA); Mariposa Center for Safety (MCS); Colorado State University Pueblo (CSU Pueblo); Pueblo Child Advocacy Center (PCAC); Pueblo Community College (PCC); Pueblo County Department of Human Services (PCDHS); Pueblo County SheriffÓs Office (PCSO); Pueblo Department of Public Health and Environment (PDPHE); Pueblo Police Department (PPD); Pueblo Rape Crisis Services. Inc. (dba Juniper Southern Colorado (Juniper SoCO)); Spark the Change (Spark); and Parkview Medical Center, Inc. (Parkview). For purposes of this MOU, each participating agency may be referred to as a ÐPartyÑ or ÐAgencyÑ or collectively as ÐPartiesÑ or ÐAgencies.Ñ RECITALS WHEREAS, the Parties have come together to collaborate and develop a Sexual Assault Response Team (SART) in Pueblo, Colorado; and WHEREAS, the Parties have a documented history of collaboration among governmental and community agencies working to better the community by addressing sexual assault. NOW THEREFORE, each participating Agency indicates its commitment to implementing and maintaining the SART as described herein. AGREEMENT 1. Purpose The purpose of this MOU is to enhance the collaborative response to sexual assault cases, ensuring a coordinated, compassionate, and comprehensive approach to support individuals who have experienced sexual violence, identify limitations in and among systems, and hold offenders accountable. 2. Description of Partner Agencies. 10th Judicial District AttorneyÓs Office (DA). The District AttorneyÓs Office represents the State of Colorado in criminal cases that occur in Pueblo County. Prosecutors review evidence from law enforcement to decide whether charges should be filed. They lead criminal prosecutions in court, support investigations with legal guidance, and work to protect the rights of everyone involved. A Community Organization for Victim Assistance (ACOVA). ACOVA is a systems-based 1 advocacy program that responds to people impacted by crime or crisis in Pueblo County. Trained volunteer advocates provide on-scene crisis intervention, emotional support, and referrals to community resources. They help ensure victims know their rights, assist with safety planning, protection orders, and guide individuals through the criminal justice process. Colorado State University Pueblo (CSUP). CSUP is committed to creating a safe and supportive campus environment. The Office of Civil Rights Compliance and Title IX ensures compliance with Title IX regulations, which prohibits sex-based discrimination, including sexual harassment and sexual violence, in educational programs and activities. Through prevention education, support services, and a fair resolution process, the office works to ensure that all students, staff, and faculty can learn and work free from discrimination and harassment. Mariposa Center for Safety (MCS). MCS is a community-based advocacy agency dedicated to supporting survivors of domestic and intimate partner violence, family violence, sexual assault, and human trafficking. MCS provides a range of trauma-informed services aimed at increasing safety, self-sufficiency, and empowerment. These services include confidential shelter for those fleeing violence, a 24/7 crisis hotline, case management and advocacy both in and out of shelter, and access to basic needs such as food and hygiene items. MCS also offers court accompaniment, safety planning, and referrals to other community resources. In addition to direct services, MCS provides the community with training and education to raise awareness and strengthen community response to domestic and intimate partner violence. Parkview Medical Center, Inc. (Parkview). Parkview is an acute care hospital in Pueblo, Colorado, that offers specialized services to survivors of sexual violence through its Forensic Nurse Examiner (FNE) program. This program provides private, trauma-informed medical examinations that include the collection of forensic evidence, conducted by nurses with specialized training in forensic care. Parkview ensures the examinations follow medically-sound best practices, maintains the chain of custody for all forensic evidence, and offers referrals or recommendations for any necessary follow-up medical services. Pueblo Child Advocacy Center (PCAC). PCAC is a systems-based advocacy agency dedicated to empowering children and strengthening families by reducing trauma and restoring hope. PCAC provides a safe, child-friendly environment for the multidisciplinary investigation of child abuse, bringing together professionals from law enforcement, child protective services, prosecution, medical care, mental health, and advocacy to ensure a coordinated, trauma-informed response. Specially trained forensic interviewers conduct developmentally appropriate, non-leading interviews with child victims and witnesses. Additional services include medical evaluations, evidence-based mental health counseling, and advocacy for non-offending caregivers. Through compassionate support and collaboration, PCAC works to minimize retraumatization, promote healing, and support children and families throughout the investigative process. 2 Pueblo Community College (PCC). PCC is the local community college. PCCÓs Title IX/VII Coordinator ensures compliance with Title IX regulations, which prohibits sex-based discrimination, including sexual harassment and sexual violence, in educational programs and activities. Through prevention education, support services, and a fair resolution process, the office works to ensure that all students, staff, and faculty can learn and work free from discrimination and harassment. Pueblo County SheriffÓs Office (PCSO). PCSO responds promptly to reports of criminal activity and conducts initial investigations based on available evidence. Officers are highly trained to conduct investigations in a thorough and victim-centered manner coordinating closely with advocates and forensic professionals to minimize trauma. Pueblo County Department of Human Services (PCDHS). PCDHSÓs Child Welfare Division is responsible for responding to reports of child abuse and neglect, with services that include protective interventions, foster care, adoption, and adolescent support. Caseworkers assess immediate safety needs, conduct investigations, and determine whether protective action is necessary to ensure the well-being of children. Whenever safely possible, the division works to keep families together by providing support services and resources that help caregivers address challenges and create safe, stable, and nurturing environments. PCDHS also participates in multidisciplinary case reviews to offer insight on family dynamics and ensure that children and their families receive coordinated and appropriate support. Pueblo Department of Public Health and Environment (PDPHE). PDPHE is dedicated to promoting community health and protecting the environment across Pueblo County. Through its community-based clinic, PDPHE provides confidential reproductive health services including family planning, STD/STI and HIV testing and treatment, and wellness exams. The department also offers sexual health education to individuals of all ages, including youth in schools, and provides anonymous sexual and reproductive health information for young people through the Go Ask Tara platform. In addition, PDPHE assists in collecting and analyzing community-level data and also supports and/or leads public awareness campaigns focused on health and violence prevention. Pueblo Police Department (PPD). PPD responds promptly to reports of criminal activity and conducts initial investigations based on available evidence. Officers are highly trained to conduct investigations in a thorough and victim-centered manner coordinating closely with advocates and forensic professionals to minimize trauma. Pueblo Rape Crisis Services (dba, Juniper Southern Colorado (Juniper SoCO)). Juniper SoCO is a community-based agency focused on sexual violence intervention and prevention. Privileged confidential advocates empower survivors by providing advocacy, emotional support, and raising community awareness to reduce sexual violence. Juniper SoCO provides 24/7 confidential advocacy through a hotline, accompanies survivors during medical exams, law 3 enforcement interviews, and court proceedings, and offers information about reporting options, community resources, and forensic medical exams conducted by forensic nurse examiners. In addition to direct services, Juniper SoCO provides the community with training and education to raise awareness and strengthen community response to sexual violence and prevention. Spark the Change (Spark). Spark is a Colorado-based nonprofit dedicated to inspiring positive change through volunteerism, service, and civic engagement. Its Mental Wellness Program promotes health equity by connecting skilled mental health professionals with individuals facing barriers to care, offering no-cost counseling for survivors of sexual violence, support groups, and community partner assistance. Spark leads workforce development and continuing education for mental health providers, and chairs the Mental Wellness Task Force of Southern Colorado. They actively participate in multidisciplinary efforts to improve mental health access, ensuring survivor- centered care and contributing to trauma-informed protocols and services. 3. Responsibilities of All Agencies. The SART will meet regularly to review cases, discuss challenges, identify areas for improvement, share upcoming education/events, and discuss legislative changes and updates. Meetings will be scheduled upon mutual agreement of the Parties, and will include representatives from all participating organizations. Parties agree to actively participate in SART meetings and collaborative efforts, working together to provide a seamless, coordinated response to individuals who have experienced sexual violence. Agencies, when able, will ensure clear, timely, and professional communication to prevent gaps in care and enhance the overall support system for survivors. Agencies agree to make referrals and/or provide resources in accordance with their respective service procedures and mandates. Agencies will uphold strict confidentiality, ensuring that all information shared with the SART remains confidential and is not disclosed. This includes maintaining the privacy of any case details, personal information, and sensitive discussions that may occur within the team. Agencies will ensure that all case-related information shared is relevant and necessary to provide appropriate services to individuals who have experienced sexual violence while maintaining privacy. Agencies will participate in regular case review meetings to assess service delivery, identify gaps, and review best practices to improve outcomes of individuals who have experienced sexual violence. Agencies will provide feedback on cases and share insights based on their expertise to help improve community response to sexual violence. The Parties commit to participate in ongoing training and education to ensure all SART members are up to date and knowledgeable about best practices in responding to sexual violence. This includes cross-training among Parties and participation in relevant 4 workshops and conferences. 4. Information Sharing. The Agencies agree that timely and respectful information sharing is critical to providing coordinated, trauma-informed responses to survivors of sexual assault. All individual representatives of the Agencies agree to share information relevant to sexual assault cases while maintaining their respective confidentiality policies and complying with all applicable laws and regulations, including, Colorado Revised Statute § 13-90-107, the Health Insurance Portability and Accountability Act (HIPAA), and the Family Educational Rights and Privacy Act (FERPA), as applicable. To that end: 1. Each agency will designate a primary point of contact responsible for communication and information sharing related to SART coordination and case collaboration. Changes to this point of contact will be communicated to the SART Coordinator. 2. All Parties will adhere to their respective confidentiality obligations, including those established by state and federal laws (e.g., HIPAA, 42 CFR Part 2, VAWA confidentiality provisions, and Colorado victim advocate privilege laws). No agency is expected to share information that would violate these laws or compromise survivor safety, confidentiality, or trust. a. The following items serve as a non-inclusive list of the confidentiality requirements Agencies agree to uphold while participating in SART activities. i. Each Agency is responsible for maintaining privilege or confidentiality to the extent required by their respective professions and the law. ii. Each individual member of the team is bound by their professional ethics and legal obligations to share information within their organization only to the extent allowed by law and required by their professional ethical responsibilities. iii. All personally identifiable information, such as the survivorÓs name, date of birth, or social security number, in the case review information or discussions are to be regarded as confidential. As a team member you are expected to: 1. Protect and secure information in your possession. 2. Not discuss or share specific information about individual cases or the process of the case review outside of the meeting except if the member organization is required by legal or professional ethical duties. 3. Return all written case information to the SART meeting coordinator at the conclusion of the case review meeting. 4. Not photocopy or duplicate case review information. iv. Refrain from using individualÓs names (including family members or other witness names) or other personally identifiable information during the case 5 review process. 3. Information will only be shared with the survivorÓs informed, written consent, unless otherwise permitted or required by law. Each Party is responsible for obtaining and documenting appropriate releases of information when required. 4. If needed to comply with legal or funding requirements, the Parties agree to enter into additional agreements (such as a HIPAA Business Associate Agreement or Memorandum of Understanding for information sharing) to formalize how specific information may be shared and protected. 5. Information sharing shall always be guided by a survivor-centered and trauma-informed approach. No information will be shared that could increase the risk of harm to the survivor. 5. Miscellaneous Provisions. The term of this MOU shall begin upon Effective Date of this MOU first set forth above and shall remain in effect indefinitely, unless terminated by the Parties. Any participating Agency may withdraw from the MOU at any time by written notification to the other Parties. The MOU can be terminated at any time if agreed upon by mutual consent of the Parties. This MOU may be modified or amended at any time by consent of all Parties. Any modifications or amendments to this MOU shall be in writing and signed by an authorized representative of each Party. This MOU shall be reviewed and updated minimally every 2 years with changes being approved by all Agencies. Each Party agrees to be responsible for its own liability incurred as a result of its participation in this MOU. In the event any claim is litigated, each Party will be responsible for its own litigation expenses or other costs associated with enforcing this MOU. No provision of this MOU shall be deemed or construed to be a relinquishment or waiver of any of the applicable limitations of liability, including governmental immunity as provided by Federal law, the Colorado Government Immunity Act, C.R.S. § 24-10-101, et seq. and Article XI of the Colorado Constitution. This MOU is an agreement between the Parties and does not confer any rights, privileges, or benefits to any other party or the public. It is the express intention of the Parties hereto that any person or entity other than the Parties to this MOU receiving services or benefits under this MOU shall be deemed to be incidental beneficiaries only. This MOU may be executed in multiple counterparts, each of which shall be deemed an original instrument, but all of which, taken together, shall constitute one instrument. 6 Docusign Envelope ID: ED223D69-6FFD-480E-801 E-127AA898112B The undersigned signatories have read and agree with all terms and conditions stated by this MOU and agree to be bound by its terms and conditions. Further, by signing below, each signatory acknowledges and certifies the signatory has vested authority to enter into this MOU on behalf of the Parry we represent. loth Judicial District Attorney's Office S�ned by: a 8ss�g Yff&.auvais Title: District Attorney A Community Organization for Victim Assistance �,�FSined by- _'9.48EEA694540v—vicwii Title: ACOVA Program Coordinator The Board of Governors of the Colorado State University System, acting by and through Colorado State University Pueblo (CSU Pueblo) EL� Signed by: al MA&Uvu T�Panf Mackin, Interim President Mariposa Center for Safety DocuSigned by: T A710F4CEE60F405... -co Title: Program Director/Deputy Executive Director Parkview Medical Center, Inc. Signed by: � �� � ---- 91 E9A8F237A8419... Na11 �c. ivU1cc11 1_3c111a1u Title: Chief Nursing Officer Pueblo Child Advocacy Center Signed by: J . J1......1. V11 I - Title: Executive Director Pueblo Community College DocuSigned by: DAMD613478F64A0... Title: Vise President of Administration and Finance Pueblo County Department of Human Services Signed by: 11 K 6BF21AD483F84E4... lLla Title: Specialized Ongoing Services Manager Pueblo County Sheriffs Office DocuSigned by: 0 W bero- N E985BD80A6294E3... Title: Pueblo County Sheriff Pueblo Department of Public Health and Environment Signed by: b. fps Nµ13E725322A1B84FA_. ._ -- Title: Title: Public Health Director Pueblo Police Department Lr_�t igned by: WCrraham Title: Mayor of Pueblo Pueblo Rape Crisis Services. Inc. �rSigned by: rsfw. 'rapr -9D5F941 EMA7451... Title: Executive Director 7 Spark the Change ___________________________________ Name: Tonya Johnson Title: Mental Wellness Program Manager 8