2023-006CCC - Ethics complaint against Nicole Speer - REJECTED - SUBMITTED BY NON-RESIDENTFrom:Johnson, Elesha
To:katie lehr
Cc:Rivera-Vandermyde, Nuria
Subject:RE: ethics complaint against Nicole Speer - RECEIVED
Date:Tuesday, March 14, 2023 1:53:00 PM
Attachments:image001.png
Good afternoon Ms. Lehr,
The City Clerk’s Office is in receipt of your below complaint.
It will be reviewed and processed accordingly.
Kindest regards,
Elesha
Elesha M. Johnson, CRA
City Clerk/Records Manager
O: # - 303.441.4222
johnsone2@bouldercolorado.gov
City Clerk’s Office
1777 Broadway | Boulder, CO 80302
bouldercolorado.gov
From: katie lehr <freebouldercounty@comcast.net>
Sent: Monday, March 13, 2023 5:43 PM
To: Johnson, Elesha <JohnsonE2@bouldercolorado.gov>; Rivera-Vandermyde, Nuria <Rivera-
VandermydeN@bouldercolorado.gov>
Subject: ethics complaint against Nicole Speer
External Sender
March 13, 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:
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 without express authorization from 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:
Nicole Speer is an elected member of the Boulder City Council.
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.
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.
Council Member Speer’s testimony included the following statements, which intentionally and
inaccurately indicated that her testimony represented the official position of the City of Boulder:
“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.”
“As a representative of Boulder’s City Council …”
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.
The City Council Intergovernmental Affairs Committee (IGA) is responsible for monitoring,
influencing and advocating Boulder’s interests among various local, regional, state and federal
governmental agencies and for developing and communicating Boulder’s official city positions on
intergovernmental matters. The IGA held their initial discussion of HB23-1202 on March 8, 2023
(agenda item #1), a full week after Council Member Speer had offered her testimony. The purpose of
the IGA Committee’s discussion was to determine whether the City of Boulder should adopt a
position regarding HB23-1202 and, if so, what that position should be. Council Member Speer is not
a member of the City Council’s Intergovernmental Affairs Committee.
The official minutes of the IGA meeting of March 8, 2023 will document the concerns expressed by
committee members and staff that the testimony of March 1, 2023 represented a violation of
existing norms of conduct. 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.
The above facts assert that Council Member Speer’s testimony before the Colorado House Public
and Behavioral Health and Human Services Committee was not authorized by the City of Boulder
and was in fact outside the boundaries of the authority as defined and granted 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 10, 2023.
Kathryn Mary Lehr