City Manager Responds to Boulder County NAACP

BOULDER, Colo. — As our community is aware, members of the Boulder County NAACP and the city have been at odds for some time over my consideration and subsequent hiring of Stephen Redfearn as Police Chief. I had hoped we could resolve our differences with integrity and respect. Unfortunately, this disagreement has come to a head in recent weeks with what I believe to be a series of unethical and unacceptable actions. I am saddened to be releasing this statement today, but I believe the public deserves a full explanation.

On Friday, Oct. 11, members of the NAACP Boulder County chapter issued a press release condemning my hiring decision. Much of it echoes criticism they have made previously. This statement, however, also included a selected excerpt (what they called a “transcript”) of a mediated and supposedly confidential meeting between Chief Redfearn, other city staff members, and members of their organization that took place in July 2024.

What they do not share with you is the context and full content of that three-hour meeting. Nor do they disclose that they secretly recorded our meeting without the participants’ knowledge or consent, and in explicit violation of the “Mutual Respect and Dialogue Agreement” each of us signed. They also do not share that they attempted to use this illicit recording coercively in an attempt to influence my decision to hire Chief Redfearn as Boulder’s next Police Chief.

I am a firm believer in engaging authentically with community members and organizations who bring perspectives of racial and social justice to our collective work; I take the pursuit of equity and justice extremely seriously -- particularly for our Black and Latino community members and other historically and currently marginalized groups of people. I have devoted most of my professional life to working in local government so that I might be part of finding the solutions to deep public problems such as systemic racism and more accountable policing. I welcome constructive criticism, and different perspectives, and I realize that part of being City Manager means I will sometimes make decisions that do not make everyone happy.

What I cannot tolerate is unethical behavior by people who purport to stand for progressive community values but then act in intentional ways that break trust, undermine public processes, and distract us from our collective mission of making Boulder a more equitable, safe, and thriving city. My concern about the underhanded conduct of the Boulder County chapter’s leadership led me in early September to file a complaint with the NAACP at the national level. I am hopeful that the organization that I hold in the deepest regard will take appropriate action soon.

The following is additional background and context.

As has been covered in media previously, the Boulder County NAACP has engaged in a relentless effort for many months to discredit newly named Police Chief Steve Redfearn, raising concerns about his role in the killing of Elijah McClain.

Without repeating their misleading account of his involvement, I want to make clear again that there were no allegations against then-Aurora Police Captain Redfearn in connection with this case. He was not on scene at the time of Elijah’s death and the steps he took as part of a subsequent Critical Incident investigation were not only commonly accepted practices in policing, but ultimately led to an independent review of the incident. In 2023, Chief Redfearn testified for the prosecution against the officers involved in Elijah’s death – literally taking a stand that represents integrity and a commitment to accountability. In addition, he has been reflective about how police protocols used in the investigation can lead to community distrust and, as interim chief here in Boulder, Chief Redfearn revised our department’s policies related to the record-keeping of calls, to provide increased transparency. I am proud of how Chief Redfearn has conducted himself amid the Boulder County NAACP’s concerns, and I stand by my decision to appoint him to this important leadership position in our community.

As you evaluate the newest allegations by the Boulder County NAACP, it’s important to understand some facts about the facilitated mediation that I participated in, along with then-Interim Chief Redfearn, his Chief of Staff Alastair McNiven, and three members of the Boulder County NAACP leadership team. The session took place on July 25, 2024, and occurred at the request of a community member who was hoping this conflict mediation approach would create a foundation for improved trust and mutual respect. It was facilitated by two highly regarded professionals – Stuart Lord and Bill de la Cruz – and all parties signed a “Mutual Respect and Dialogue Agreement” before participating. All city attendees were fully committed to honoring this agreement. I am only breaking confidentiality today because it has now been repeatedly breached by the current leadership of the Boulder County NAACP.

On Wednesday, Aug. 28, I learned that one of the Boulder County NAACP participants had surreptitiously recorded the confidential conversation, divulged details about the meeting to others and asked them to convey to me that if I decided to name Interim Chief Redfearn as police chief, the NAACP would release the secret recording. Alarmed by this blatant attempt to influence a fair and thorough hiring process, I reached out to the chapter president, Annett James, to check the accuracy of this information.

Ms. James confirmed on Friday, Aug. 30, in an email to me that the information I had received was true. Her email mischaracterized what I believe occurred during the mediation session, and in it she also issued a direct threat: “Yes, if (Redfearn) is chosen, we will expose his behavior, and the community can decide whether you were right to ignore such obviously dangerous behavior. The truth, it’s said, will set you free. In this instance, perhaps knowing the truth will be told will free you to make the obvious correct choice for the chief of Boulder police.”

Here is some additional truth about the July 25 session, which was fraught from the beginning. We started the meeting with an invitation from the facilitators to discuss a leadership challenge that has shaped who we are today. When it was Chief Redfearn’s turn, he candidly and vulnerably shared his experience of being outed as a gay man during his time with the Aurora Police Department and the impact this experience had on him. When it came time for one of the Boulder County NAACP members, Darren O’Connor, to share, rather than reveal something personal about himself, he turned to Chief Redfearn and said crudely that he doesn’t really care who Chief Redfearn “sticks his (expletive) in.” In reaction to Mr. O’Connor’s shockingly disrespectful and jarring comment, Ms. James laughed out loud. Mr. O’Connor continued to say that being gay isn’t a big deal as it’s accepted by many and that he has gay friends.

Chief Redfearn, noticeably and understandably upset, eventually interrupted the process to address this comment and let Mr. O’Connor know how offensive it was. Chief Redfearn told Mr. O’Connor that his marriage is based on a deep connection and love for his husband and is more than just about sex. At first, Mr. O’Connor said something about being sorry that Chief Redfearn found the remark to be so objectionable and explained that this was how he speaks to his friends who are gay. Mr. O’Connor subsequently apologized for the impact his crass remark had. Understandably, Chief Redfearn was emotional. As tears of frustration sprung to his eyes, he stepped away, asking for a moment to compose himself.

Despite this troubling and disrespectful exchange, we came back together after that break and started anew. While I don’t recall the exact question Chief Redfearn was responding to, he was sitting immediately next to Ms. James, and while he was speaking, it became apparent to him that she was making faces, which were distracting to him. Chief Redfearn very calmly asked Ms. James if she could please stop, as he was trying to share out and it was hard to do so when she was laughing and “smirking” at him. Ms. James objected to the term “smirk” and immediately accused Chief Redfearn of “policing” her facial expressions or tone. She then asked if he would pull her over with a gun if he saw that expression while policing and later opined that this is how Black community members get killed. It was such an incredible and surprising leap in the conversation that it left all of us from the city astounded.

The session, sadly, eventually concluded without achieving the desired outcome.

Ms. James’ Aug. 30 email to me included several statements that cause me grave concern, including what she overstates as “obvious and dangerous behavior towards a Black woman” and a clear lack of empathy toward a reasonable emotional response that Chief Redfearn displayed after he was disrespected about his experiences as a gay man.

The most egregious conduct, however, is the unethical recording itself and the decision to put me on notice that the Boulder County NAACP would “expose (Redfearn’s) behavior” if I did not make the city personnel hiring decision they demanded. In light of the Oct. 11 decision to make good on the threat by releasing an out-of-context portion of the supposedly confidential session, I cannot stand quietly by.

The facilitators of the session, Mr. de la Cruz and Mr. Lord, are as concerned as I am about this conduct. They concur that future mediation efforts are not possible with the chapter’s current leadership and provided me with the following statement to share with community:

"The (July) session ended with a mutual agreement to reconvene and discuss next steps and policy matters. However, the recent breach of confidentiality calls into question the ethical conduct of the Boulder County NAACP organization. Given this situation, we find it untenable to continue participating in the mediation sessions. This breach undermines the trust necessary for any meaningful dialogue and casts doubt on the NAACP's motivations within the mediation project, which aimed to establish respect and guidelines for collaborative efforts between the Boulder County NAACP and the City of Boulder."

• Bill de la Cruz and Stuart Lord

Neither Chief Redfearn nor I will participate in any media interviews about this situation at this time. This statement reflects the city’s effort to set the record straight. My hope is that the national NAACP organization, which has fought tirelessly and admirably for racial justice for years, addresses this unethical conduct by a chapter bearing its name. It is truly unfortunate that trust has been broken in this way.

See Below: the agreements that were signed by all the parties

Mutual Respect and Dialogue Agreement

Annex to Mutual Respect and Dialogue Agreement: Defining Sensitive Information