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Montezuma County signs letter asking CCI to join appellate brief on unfunded‑mandates issue
Summary
The board approved a letter asking Colorado Counties Incorporated (CCI) to file an amicus brief in an appeals case concerning whether certain obligations constitute unfunded or "underfunded" mandates; county attorney explained legal stakes to commissioners.
Montezuma County commissioners on March 11 approved a request for Colorado Counties Incorporated (CCI) to file an amicus brief in an appellate case about unfunded‑mandate doctrine and the related concept of an "underfunded mandate." County Attorney Tarnowski briefed the board on the issue and the proposed letter.
Tarnowski told the board the matter arose from litigation in Boulder County concerning statutes that allow public requests for police surveillance footage. A district court described a conflict between statutory requirements and prohibitions on unfunded mandates, and the district court labeled the conflict an "underfunded mandate" in that context. County attorneys across Colorado, including El Paso and Boulder counties, asked whether CCI should file an appellate brief arguing the district court's reasoning was incorrect and that the conflict should be treated as an unfunded mandate.
Commissioners moved, seconded and approved a letter asking CCI to submit an amicus brief in Colorado Court of Appeals case number 2025 CA 26. The board did not record further conditions or a dissent.
The action records the county’s formal support for CCI participation in the appellate briefing; the legal outcome will be determined by the Court of Appeals.
