Independent attorney issues findings after evaluating code of conduct complaints related to recent Police Oversight Panel appointments

The City of Boulder today released an independent attorney’s report related to the recent appointment process for new members of the Police Oversight Panel (panel).

The city hired Clay Douglas to evaluate five code of conduct complaints filed by three community members in connection with the appointment of new panel members earlier this year. The panel is responsible for reviewing findings and Police Department disciplinary action in cases where officers are accused of wrongdoing.

Some of the complaints centered on the appointment of a specific community member, Lisa Sweeney-Miran. Prior to her appointment, Sweeney-Miran was a plaintiff in a lawsuit against the city, challenging the city’s camping ban, which officers enforce, and had posted social media content that was critical of police or policing.

Individuals and groups who opposed Sweeney-Miran’s appointment had asked City Council to intervene because they believed the positions taken by Sweeney-Miran demonstrated she would be unable to impartially carry out her duties. The ordinance that created the panel requires the selection committee to consider several criteria, including an assessment about “real or perceived bias or prejudice.”

As the appointment was being considered, a community member filed a code of conduct complaint against the panel’s selection committee. Four other complaints followed, alleging various additional wrongdoings associated with the process.

In his report, Douglas sustained three allegations that were portions of two of the code of conduct complaints. Specifically, he found:

  1. The selection committee failed to adequately evaluate whether candidates “immediately prior to appointment” “demonstrate” “absence of any real or perceived bias [or] prejudice.”
  2. The lawsuit against the City of Boulder and Police Chief Maris Herold demonstrates “real or perceived bias or prejudice” and should have been explored prior to appointment.
  3. Social media posts by Sweeney-Miran demonstrate bias and should have been explored prior to appointment.

The attorney recommended that City Council request Sweeney-Miran’s resignation, and if she declines to resign, council consider removing her. Council has the authority to remove a board member under certain circumstances.

City staff plans to ask members of the Council Agenda Committee on Monday, April 17, to schedule time at an upcoming council meeting for the full council to consider its options.

The attorney did not sustain other allegations that were made in the code of conduct complaints, including issues related to council’s discussions and subsequent vote on this issue at its Dec. 15, 2022, and Jan. 19, 2023, meetings; potential conflicts of interest; as well as a “nay” vote by one council member to appoint a special investigator. More details are available in the attorney’s report.

An additional code of conduct complaint related to Boulder police officers who were in Council Chambers during one of the council discussions on this topic has been routed to the Police Standards Unit for investigation. That investigation will be reviewed by the Police Monitor and subject to review by the Police Oversight Panel.

The related complaints and the report are available by clicking on the following links:

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