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BY BOULDER WEEKLY STAFF

Questions Arise Around Complaint Process As Councilmember Accused Of Conduct Violation

A Boulder resident has filed a complaint with the City Clerk to investigate a possible Municipal Code violation by Councilmember Nicole Speer. The City Council will address this at its April 6 regular meeting.

The complaint — filed by Emily Reynolds on March 30 — alleges that Speer violated code of conduct requirements laid out in the Municipal Code by testifying on March 1 in support of House Bill 1202, Overdose Prevention Center Authorization. If enacted, the bill would allow municipalities to authorize the operation of an overdose prevention center within the city’s jurisdiction.

In the written complaint, Reynolds alleges “that Council Member Speer’s testimony before the Colorado House Public and Behavioral Health and Human Services Committee occurred prior to any discussion of HB23-1202 by either the City Council or the [Intergovernmental Affairs] Committee and therefore was in fact outside the boundaries and scope of authority granted to individual Council Members as defined by the city charter and code.”

City code maintains that any resident or City employee “may initiate an investigation of any city council mem- ber, employee or appointee to a city board, commission, task force or similar body by filing a sworn statement with the city clerk.” A properly filed complaint must result in an investigation by an specially appointed counsel.

In an email, Deputy City Attorney Erin Poe called code of conduct complaints like the one filed against Speer “infrequent.”

“I am not sure when the last one was filed prior to 2023,” Poe wrote. “The Council could pass a motion of censure for this type of complaint. There will be additional costs for the investigation.”

Censure is an expression of disapproval and does not carry legal weight.

However, it seems code of conduct complaints are on the rise. City Clerk Elesha Johnson says her office is currently processing a total of six code of conduct complaints.

According to Speer, she was asked to testify on behalf of the bill by one of the sponsors. She then reached out to Carl Castillo, the City’s chief policy advisor on the Intergovernmental Affairs (IGA) Committee, who Speer says confirmed to her that the City would be supporting the bill.

When asked via email whether support for HB 1202 was on the city’s legislative policy prior to Speer’s testi-