Colorado metro area county proposes ordinance mandating businesses report theft

Douglas County Sheriff's Office says shoplifting is up in the county, but now county leaders want to crack down on the crime by encouraging businesses to report it.

Douglas County Board of County Commissioners, the sheriff and the district attorney gathered Tuesday to reaffirm their support for strict penalties for theft and announced a new ordinance proposal.

The ordinance would fine local businesses for not reporting theft. Leaders in Douglas County say the goal is to get corporations to change policies that disincentivize theft reporting.

Nancy Schuster has worked at The Colorado Store for more than 15 years.

"It's a small family business, so everyone kind of knows everyone, and it's definitely close knit," Schuster said.

Like most businesses, shoplifting is a big problem.

"It comes out of our pocket, so, anything that's stolen, we have to pay for, and then it affects prices for other customers in the future," Schuster said.

One that Schuster says has been increasing at the outlet mall.

"I would say we've always had issues with shoplifting, but I would say that, because people aren't prosecuting as much, it's gotten a little bit more out of hand," Schuster said.

"Ending the look-the-other-way era begins today," Commissioner Abe Laydon said. "We're not going to allow a culture where people walk out of a store with a stack of drills and nobody says a word. We also want to protect honest customers. Every unreported theft drives up prices for hardworking families."

Douglas County leaders want to crack down on shoplifting. District Attorney George Brauchler says his office has increased the theft conviction rate by 30% in the last year.

"If you are arrested for theft, if you are even summoned for theft in this jurisdiction over the holidays, absent some ethical issue or an evidentiary issue, there will be no outcome of your case that does not involve us seeking jail against you," Brauchler said.

But, now, the county wants to further take on shoplifting by mandating theft reporting.

"We're putting an end to the era of silent losses that get passed on to the community," Laydon said. "If you steal in Douglas County, you will be held accountable, and, if you operate a business here, we are thankful for your partnership to help be a part of the solution."

Commissioners are introducing a new ordinance requiring corporations to report thefts of any value to law enforcement within 96 hours of learning of it and retain and provide evidence of the theft.

The ordinance also states corporations may not retaliate against their employees for reporting theft or adopt policies against reporting theft.

Businesses that do not comply could be fined $50 for every 24 hours after the reporting deadline, with capping at $1,000.

"The goal of this ordinance is to change corporate policies that could retaliate against their own employees for simply reporting theft," Commissioner Kevin Van Winkle said.

"That's the goal," Laydon said. "Just change those larger corporate policies as it relates to Douglas County, so that your managers within the big box stores cooperate and work with law enforcement to protect them from losses."

Douglas County commissioners have introduced the ordinance. Now, they will start gathering public input and have a retail summit before finalizing and having a second reading of the ordinance. Visit the county's website to weigh in on the proposal. 

The ordinance would impact both small businesses and large chains, but it would only apply to unincorporated Douglas County.

So businesses like The Colorado Store would not be impacted. But, while the store is in favor of a crackdown on theft, the owner told CBS Colorado this ordinance would put the burden on businesses, and she doesn't think this would help their situation.

"We'll take any help we could get," Schuster said. "I think everyone else is probably pro crackdown on on theft right now."