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Sheriff proposes updates to model traffic code, records retention schedule

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The Archuleta County Board of County Commissioners (BoCC) discussed the model traffic code and the record retention schedule for the Archuleta County Sheriff’s Office (ACSO) with Sheriff Mike Le Roux at its Aug. 6 work session.

Le Roux explained to the BoCC that both proposals are intended to upgrade things already in place for the ACSO.

In 2020, the county adopted the 2018 Model Traffic Code, Le Roux stated, which he explained adapts state statutes on traffic law into a format that is easier to reference and that the county can adopt it, allowing any revenue from traffic citations to come back to the county instead of going to the state.

The ACSO had about 6,500 calls for service in 2018, Le Roux stated, while it had about 13,000 in 2023.

He added that the county also had 492,000 people pass through in the summer of 2023.

Le Roux explained that the 2024 Model Traffic Code has a significant number of changes from the 2018 version, but that most of these relate to punctuation or changes in state statutes.

He stated that, in 2020, the county omitted many portions of the traffic code since they involved things that were not available to the ACSO or not relevant to the county, such as rules around ski areas, vehicle ramps and minimum standards for commercial vehicles.

The ACSO did not have staff trained to enforce commercial vehicle statutes but has now worked extensively with the Colorado State Patrol (CSP) and state port of entry staff to conduct vehicle inspections and issue citations, he explained.

By adding the rules for commercial vehicles in the code, the county could work more closely with the CSP to inspect vehicles and ensure safety, Le Roux commented, adding that this would help prevent crashes involving unsafe commercial vehicles.

He recommended that the county adopt the entire model traffic code instead of omitting portions to ensure that the ACSO would have the maximum amount of enforcement tools available to it.

He added that the 2024 Model Traffic Code also has additional rules concerning e-bikes and usage of phones while driving.

Le Roux explained that code includes a fee structure for fees to be paid to the state and county, and that most of these fees have remained the same, although some have decreased.

He concluded by recommending that the county adopt the 2024 code to bring the county up to date and give the ACSO more tools for traffic enforcement.

The county would like to keep this version of the traffic code for a “couple of years” after this, Le Roux stated, although potentially not for six years.

Commissioner Warren Brown asked Le Roux, if an ACSO deputy stops a commercial vehicle and cites it for a commercial vehicle violation, whether the money from this citation presently goes to the state instead of to the county due to the county’s model traffic code not including rules on commercial vehicles.

Le Roux stated that is correct and that many commercial vehicle violations involve large amounts of money.

Commissioner Ronnie Maez asked if the ACSO could cite a commercial vehicle for a safety violation.

Undersheriff Robert Hill explained that the county could do this once it has a deputy trained in commercial vehicle inspections. 

Le Roux added that the ACSO works in collaboration with the CSP currently, with the CSP performing inspections and then handing over the safety violations to the ACSO to report.

He explained that the training required to cite commercial vehicles takes approximately six months and is complex.

The ACSO used to have staff with this training, but they no longer work for the agency, Le Roux stated.

Maez asked if many counties in Colorado have moved to the 2024 Model Traffic Code.

Le Roux stated that he is aware of some counties that have switched to the code, although he did not have an exact count.

County Attorney Todd Weaver added that such switches were discussed in a county attorney listserv he is a part of.

Weaver stated that the traffic code is similar to many building codes in that it is not typically updated every year.

Le Roux commented that he does not support “change for the sake of change,” but that he feels the county is becoming “outdated” and that he would like to update the code more frequently and to adopt the entire code.

He moved on to discuss records retention, explaining that the ACSO is looking at transitioning to the Colorado State Archives records retention schedule.

He stated that the ACSO has a large number of records that have been kept during its transition for its former offices in downtown Pagosa Springs to its new location in Harman Park and that state archives record retention schedule would provide a more comprehensive system for determining whether to dispose of or retain these records compared to the current ACSO record retention schedule.

He explained that the Archuleta County treasurer, as well as the clerk and recorder, have adopted the Colorado State Archive retention schedule, as have 29 sheriff’s offices across the state.

Shifting to the new record retention schedule would allow the ACSO to reassess its old records and catalog new ones in a more efficient manner, Le Roux concluded.

Maez commented that the new schedule would “probably be a better way of doing business.”

Commissioner Veronica Medina added that the new code and record retention schedule would be a “great move forward.”

“Makes sense to stay current,” Brown said.

josh@pagosasun.com