2023-007CCC - COC Complaint NS 3.10.2023 r2 - 03.30.23 - ReynoldsMarch 17, 2023
Boulder City Clerk and Staff:
Pursuant to City of Boulder Municipal Code Title 2, Chapter 7, this memo will serve as the official notice
and filing of a complaint for a Code of Conduct violation against Council Member Nicole Speer, whose
March 1, 2023 testimony at the Colorado State House in support of HB23-1202 violated the high
standards of ethical conduct, expectations of behavior and public trust expected of elected officials as
outlined in the Boulder Municipal Code.
Factual Allegations of the Complaint:
1) City Council Member Speer, as a result of her decision to provide testimony before the Colorado
House Public and Behavioral Health and Human Services Committee on March 1, 2023 related to
HB23-1202, such action being outside the boundaries of the authority entrusted to her by the
City of Boulder, acted in willful violation of the specific requirements of Municipal Code Chapter
7 Code of Conduct Section 2-7-8. – Expectations, part e, subsections 1 – 5 as excerpted below:
(e) A public official or public employee shall:
(1) Strive at all times to serve the best interests of the city regardless of his or her personal
interest.
(2) Perform duties with honesty, care, diligence, professionalism, impartiality and integrity.
(3) Strive for the highest ethical standards to sustain the trust and confidence of the public
they serve, not just the minimum required to meet legal or procedural requirements.
(4) Use sound judgment to make the best possible decisions for the city, taking into
consideration all available information, circumstances and resources.
(5) Act within the boundaries of his or her authority as defined by the city charter and
code.
2) City Council Member Speer, having determined or been made aware aware that her actions may be
considered to be in violation of Municipal Code Chapter 7 Code of Conduct Section 2-7-8. – Expectations,
part c as excerpted below, has in fact failed to acknowledge, disclose and discuss her ethical violation in a
public City Council meeting as outlined by the Code.
(c) A public official who determines that his or her actions may be considered to be in violation of
this section should consider disclosure and discussion of the potential violation in a public meeting
before the council, board, commission, task force or similar body on which the person serves.
Facts:
1. Nicole Speer is an elected member of the Boulder City Council.
2. Council Member Speer testified on March 1, 2023 before the Colorado House Public and
Behavioral Health and Human Services Committee in support of Colorado HB23-1202.
3. A record of such testimony is available at the following link: House Public Health Services
Hearing on March 1 0; such testimony was also included in its entirety as Attachment A of the
agenda for the March 8, 2023 meeting of the City Council’s Intergovernmental Affairs
Committee.
4. Council Member Speer’s comments were not made in her personal capacity as an interested
individual community member, but her comments instead included the following statements
which inaccurately represented that her testimony reflected the official position of the City of
Boulder:
a. “Good afternoon, Madam Chair and Members of the Committee. My name is Dr. Nicole
Speer. I am a Boulder City Councilmember and on behalf of the City of Boulder, I urge
you to pass HB23-1202 out of committee.”
b. “As a representative of Boulder’s City Council …”
5. Boulder City Council had in fact not discussed HB23-1202 at any City Council Meeting prior to
Council Member Speer’s unilateral decision to testify before the Colorado House Public and
Behavioral Health and Human Services Committee.
6. Among its many Committees, the Boulder City Council has established an Intergovernmental
Affairs Committee (IGA) which includes four council Members and the City of Boulder’s Chief
Policy Advisor. The IGA Committee is responsible for setting policy and defining positions in
furtherance of the City of Boulder’s interests among various local, regional, state and federal
governmental agencies. The IGA Committee may refer matters of significant interest or
importance to the entire City Council for their due consideration and direction. The Chief Policy
Advisor does not establish policy for the City of Boulder but rather takes direction from and
coordinates closely with the IGA, City Council and City Manager. Council Member Speer is not a
member of the City Council’s Intergovernmental Affairs Committee.
7. The IGA held their initial discussion of HB23-1202 on March 8, 2023 (agenda item #1), a full
week after Council Member Speer had already offered her testimony. The purpose of the IGA
Committee’s discussion of Agenda item #1 was to determine whether the City of Boulder should
adopt a position regarding HB23-1202 and, if so, what that position should be.
8. The official minutes of the IGA meeting of March 8, 2023 will also document the concerns
expressed by committee members and staff that the testimony provided by Council Member
Speer on March 1, 2023 represented a violation of existing process and established norms of
conduct by Council Members. That official record will also reflect the fact that the IGA
Committee identified the need to establish additional guidelines and protocols to prevent
individual Council Members from acting outside the scope of their authority in the future.
9. Council Members are aware that any general references within the existing City of Boulder 2023
Policy Statement on Regional, State and Federal Issues (Policy Statement) do not automatically
grant authority to any individual Council Member to testify on behalf of or otherwise purport to
represent the City of Boulder in matters that are potentially related to issues or positions
included within the Policy Statement. The need for Council deliberation and authorization
through formal voting was reinforced as recently as the February 9, 2023 City Council meeting,
when proposed modifications to Policy Statement items 22 and 23 featured robust discussion
and required formal votes from Council. Council Member Speer was present for that meeting
and participated in that discussion and Council vote.
The above facts assert and document 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 IGA 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. Such actions by an elected official represent a willful violation of established ethical standards
of conduct, tarnish the reputation of the Boulder city government and undermine the public’s trust in
their elected representatives. If, after thorough investigation by the City Attorney or designated Special
Counsel, this Complaint is found to be substantiated, Council Member Speer should be sanctioned to the
fullest extent possible under the Boulder Municipal Code of Conduct.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 17, 2023.
Emily C Reynolds
2030 Mesa Drive Boulder, CO 80304