October 19, 2023 — City Council Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[4:17] say congats good to see you that's right I think I'm going to come for homec Alumni Association to all right everybody can I get the mic [Music] on can I

[5:08] hello hello everybody if I can ask folks to get seated we're going to get started in a second [Music] here are all right don't don't make me gavel this room quiet people um Elicia how are we doing with Channel 8 Channel 8's good guess they're looking to see if we have a strong or weak I know right that's a good come on all right wonderful to see so many people here lots of energy welcome everyone uh to the Thursday October 19th

[6:01] regular meeting of the Boulder City Council we're going to get started with an announcement this is about the better public meetings project so the city of Boulder is partnering with the national civic league on a nationwide effort to make Council meetings more engaging and satisfying for everyone who participates hopefully we'll engage and satisfy you this evening as part of this effort we want to hear about your experiences with our meetings so we invite community members who are either in person or online for Council meetings starting tonight and running through our December 7th meeting rate your experience we have an online scorecard that takes about 2 minutes to fill out the link to it is on the screen now and for the online audience we're putting a link and QR code in the chat you may complete the scorecard once for each time you participate in a council meeting over the next 3 months all right and with that I'm going to go ahead and call us to order and Elicia if we could do a roll call please yes sir yes sir thank you and good evening everyone we'll start start tonight's Road call as usual with

[7:01] council member Benjamin present mayor bronet present council member fuls present friend present virtually Joseph present spear present mayor protim wallet very present council member Wier present and Yates happy to be here mayor we have our cor thanks so much and I'm going to to start I'm going to ask uh for a motion to amend the agenda to add item 1 a which is a declaration honoring Phil Deano's many years of service to CU and the Boulder Community and item 5b2 which is an introduction and consideration of a motion to adopt by emergency measure ordinance 8613 amending the moratorium on the police oversight panel and just to be clear that's not adopting that this is just adding it to the agenda if I could maybe get a motion please so moved second motion second all in favor raise your hand okay that's unanimous and with that

[8:02] if we can go to our first declaration please yes sir thank you item 1A is under call to order and roll call is a declaration honoring Phil D Stefano's many years of service to CU and the Boulder Community that'll be co- I mean that'll be presented by council member Yates just that's this is [Music] A3 Dr Phil Deano joined the University of Colorado Boulder in 1974 as an assistant professor of curriculum and instruction in the school of education Dr dhano has since seen the University from nearly every

[9:00] perspective as a parent a donor a professor a Dean the Provost and since his appointment in 2009 as the University's Chancellor as Chancellor Dr Stephano has worked closely with students faculty staff alumni and donors as well as industry and Community leaders in extending CU Boulders Legacy as the preeminent National comprehensive research University Chan Stephano's strategic imperatives for the campus are to shape tomorrow's leaders to be the top university for Innovation and to positively impact Humanity Chancellor DeStefano has worked closely with local and Regional governments especially the city of Boulder the home of cu's Flagship campus during his tenure strengthening Town gown relationship has been a major priority for the University and one that has resulted in numerous collaborations the closed partnership

[10:00] between the university and city leaders has led to significant progress on several fronts including the development of Cu South the Limelight Hotel and Conference Center the successful launch of the right here right now global climate Summit the Improvement of safety and Community relationships on the hill and the continuation and enhancement of number of local Traditions including the conference on world affairs and the Pearl Street stampede Dr stano's appreciation for shared Community Values and his belief in strong reciprocal relationships have allowed the university and the city to flourish as we pursue mutually beneficial improvements so we the city council of the city of Boulder tonight recognize honor and appreciate the service and significant contributions to the city and to our community may made by Chancellor Phil dhano thank you so much Phil thank you

[11:25] thank you so much Bob and uh thank you uh Aaron and city council members for this very kind recognition I've been overwhelmed with gratitude by the warm wishes that I've received since announcing my plans to retire as Chancellor A Moment Like This also provides plenty of opportunities for reflection one of the things I'm most proud of from my term as Chancellor is what we've been able to accomplish from the University and the city working together over many years your leadership has been critical to the growth and

[12:00] success of the University as we envision major projects like those you just mentioned and we made great progress across our community based on our shared values things like sustainability equity and inclusion and Innovation the Boulder Community Support of Cu Athletics the Arts and Student Success is unparalleled and is a huge part of what has made this role so rewarding in and meaningful to me these last 15 years without a supportive and Vibrant Community like Boulder there's no way the university would have been able to attract the world's best and brightest scientist artist researchers teachers leaders and students to our campus I have personally appreciated this council's open-mindedness respect and Cano do attitude attributes also shared by the city of Boulder staff I will remain

[13:01] involved at the University in new roles as well as in the community this has been our home for yavon and me for more than 40 years we raised our three daughters here so we certainly intend to remain a part of the community and continue to enjoy all it has to offer maybe even with a little bit more free time on our hands so thank you again for this humbling recognition and for all you have done and continue to do for the University and this community thank you and good BL thank you [Applause] pH all right that was wonderful congratulations and thanks again Phil for everything that you've done for the University and the community and uh we are now going to move to our next declaration which is for Colorado companies to watch month declaration presented by council member Wier and if we could invite uh any

[14:01] companies pres representatives of any companies who are present to come on up to the Das come on down small businesses whoa small businesses play an important role in the boulder economy and for the past several years we have taken a few minutes at city council to recognize local small businesses named Colorado companies to watch Colorado companies to watch is a unique program that recognizes outstanding second stage companies small businesses with six to 99 employees that are past the startup stage and that demonstrate success and strong potential for growth exceptional entrepreneurial leadership Innovative products and processes an economic

[15:01] impact Community enrichment and positive corporate culture this year we are recognizing four small fast growing businesses that were named let me I only need one of these that were named 2023 Colorado companies to watch I would like to invite you our loan representative from um to come forward you're already here now for a reading of a declaration recognized izing your achievement okay here's this recognizing Colorado companies to watch from Boulder October 19th 2023 in 2009 the governor of Colorado initiated an annual Colorado companies to watch award program to recognize second stage companies with high potential for future growth each year for more than a thousand nominations only 50 small businesses in the state are selected for the award since the

[16:01] program began 129 of the businesses named Colorado companies to watch have been from Boulder reflecting this City's strength in Innovation and Entrepreneurship in 2023 Colorado companies to watch honores from Boulder include Ascent CFO Solutions cultivate new lastin and roof Nest these four Boulder businesses represent a wide range of Industries and are among the most Visionary innovative successful and impactful entrepreneurs in the state these businesses exemplify creativity Innovation and if that word one more time entrepreneurial spirit and support the community with the jobs and Economic Opportunity they provide expenditures they make and local taxes they pay the city council of the city of Boulder Colorado extends our gratitude for the many contributions these businesses make to the local community thank you thank

[17:02] you hello everyone thank you so very much my name is Leah Garcia I founded a company called new lastin which is a hair care and skin care company direct a consumer in 2016 because the DNA of Colorado is of Entrepreneurship so yes I do agree this is a big honor I really appreciate it we are past a stage where we are starting to scale and completely grow this is truly a dream come true I've actually never received received a recognition for the 16 plus hours of day that I've been putting in for the Last 5 Years so this is a tremendous tremendous moment for me thank you very much everyone here's to supporting local community and building our Colorado base and economy thank you that was great thanks so much now we're going to move on to our most delicious Declaration of the year which is that for Michelin recognized

[18:00] restaurants presented by council member Joseph and if representatives of the restaurants could come on up to the [Applause] Das wow thank you that's wonderful to have all of you up here this is great prior to giving out this declaration I would like to offer some context Boulder is home to an active and award-winning rest Resturant scene restaurants in the city are very important to this community they feed us provide employment opportunities and contribute to our quality of life and economic Vitality last year Boulder restaurant sales generated over $18 million over $18 million in tax revenues to help fund vital CD services and important amities bonapati magazine has called Boulder

[19:02] America's foodiest City and food and wine name after Pearl Street one of the 10 best foodie streets in America other recognition has come from the James Beard Foundation wine spectator and the Food Network among others and now we can add the mlim guide to that list [Applause] this year Colorado became the eighth Michelin destination in North America and Boulder was among the cities visited by michelin's Anonymous inspectors who are specially trained to assess restaurant quality over multiple visits restaurants were evaluated based on product quality Harmony of flavor Mastery of cooking Tech techniques voice and personality of the chefs as

[20:02] reflected and the cuisine and consistency over time and across the entire menu tonight we are recognizing the nine Boulder restaurants who have been included in the Michelin guide representatives from some of the restaurants are join us tonight for the reading of this declaration recognizing their achievements honoring Boulder restaurants recognized by Michelin guide October 19th 2023 established in 1900 by the Michelin Brothers to encourage motorists to travel around France the Michelin guide is an iconic source for culinary recommendations in inclusion and the guide a sort after after honor in 2023

[21:01] several cities in Colorado were added to the more than 40 destinations around the world where specially trained Michelin inspectors assess restaurant quality nine Boulder restaurants have been selected for the inclusion into the Michelin guide and two received special Awards Basta black belly Market Boulder dambe tea house bmol and hair frasa food and wine Oak at 14th sento Stella's cusina zo Mama Kelly kawachi of blackbelly Market received a young Chef culinary professional award and Sergey keall and the front of house team of the frosta food and wine received an outstanding service award these nine Boulder restaurants represent a variety of Cuisines and price ranges and and reflects the city's award-winning food

[22:00] scenes the city council of the city of Boulder Colorado extends or congratulations to these businesses for their achievements and gratitude for their contributions to our community and thank you it is an honor to present you with these declarations today thank [Applause] you would you like to add a few words and you're welcome to although we only have time for a couple of sentences per restaurant I save you the pain of my accent I'm filipo from sta thank you very much that's amazing Jeff Foster I'm the director of operations at blackbelly and Santo it's an honor to be recognized and acknowledged up here but thank you for coming to the restaurants and uh 3 years ago when we were all eating in tents I just wanted people back in seats and I

[23:01] wanted to be able to serve the community and it's a pleasure to do so thank [Music] you hi my name is um Jose Rodriguez um beh Basta I just want to congratulate everyone here great job guys I'll pass it over here because Jeff is uh with us at blackb Edwin zo with Z Mama restaurant and this honor really goes to my mom who does all the hard work uh I'm Eric from uh Bramble and hair uh restaurant at black hat farm and uh this is for uh all the people out in the fields uh who've been picking like crazy um and everybody in the restaurant uh when we were awarded uh recognized uh it went off like a bomb in the restaurant and everyone's so happy and so prideful so thank you all very much hi I'm Bobby Stucky from frosta food and wine with with our Chef in Palo and we just feel so honored to have our

[24:01] restaurant on Pearl Street in Boulder and be part of this community thank you so much to the city of [Applause] Boulder hello I'm Matt carvalo here on behalf of the boulder dambe tea house and Lenny and Sarah Martinelli who are not able to be here tonight they're in uh Tajikistan right now um I know that they are are so grateful to be honored among these wonderful restaurants so thank you all so much you congratulations to you all and we look forward to eating at all of your establishments as sometime in the near future I'm sure if we can get a reservation all right and uh we are now going to go to open comment and so Brenda if you could read our public participation guidelines please yes thank you and good evening my name is Brenda written hour I'm with our communication and engagement team and my

[25:01] role this evening is to host the zoom call but also to remind everyone in person and on Zoom of our meeting guidelines so that we can all stay in good productive conversation together so Emily if you'll show the slides great thank you the city has engaged with community members to co-create a vision for productive meaningful and inclusive Civic conversations this Vision supports physical and emotional safety for community members staff and for Council as well as democracy for people of all ages identities lived experience and political perspectives for more information about this vision and the community engagement process we went through to reach it um you can go online to bouldercolorado.gov and search in the search bar productive atmospheres the following are examples of rules of decorum found in the boulder Revised Code and other guidelines that support this Vision these will be upheld

[26:01] during tonight's meeting all remarks and testimony shall be limited to matters relating to City business no participant shall make threats or use other forms of intimidation against any person obscenity racial epithets and other speech and behavior that disrupts or otherwise impedes the ability to conduct the meeting are prohibited participants are required to sign up to speak using the name they are commonly known by and individuals online must display their whole name before they are allowed to speak currently only audio testimony is permitted online in-person participants are asked to refrain from expressing support or disagreement verbally or with Applause with the exception of the wonderful declarations we heard tonight and other nights traditionally support can be shown silently through American Sign Language Applause or jazz hands or Spark sple fingers and with that we can begin open

[27:00] comment thank you thanks Brenda I hadn't heard Sparkle fingers before all right we've got uh 15 in-person speakers and two remote speakers I'll read three names at a time if you can start to come on down as your turn is approaching you'll each of you will have two minutes to speak and our first three speakers are Kevin Glenn Lisa Spalding and Michelle Rodriguez good evening my name is Kevin Glenn and I'm here speak on behalf of the swimming community in bver is the mic on green lights on is it high enough all good better just lean right into the mic please okay there we go okay I'm speaking on behalf of the boulder swimming community we would like to uh this is a group of over a thousand people uh youth to adults this is age

[28:01] eight and up this is the core user group of the swimming pools in the city so these people are swimming as much as eight times a week they're also paying for their water time through the club fees that go directly to the city to keep the pools open the city has a wonderful plan to refurbish East and that would include extending and enlarging the pool and we're in favor of that however when that happens will lose 36% of the water availability for the community therefore we urge the city council to direct parks and wreck to cease planning on the East project until an alternative pool can be identified to compensate for the loss of East while it's under construction equally when South is refurbished whenever that is and that plan is obviously still in Flight the same thing applies that a second excuse me an extra pool would be available for the community to use as a a consequence to the direction for

[29:01] the city to cease planning on East until a alternative pool is secured to to supplant that loss we have a jewel in the community for swimming and it's called Scott Carpenter It's a Wonderful pool but it's not winterized and we were direct ask the city direct Parks and Rec to create a new study not one that's five plus years old that would seek to winterize uh Scott Carpenters so that we can all use it year round this would alleviate all of the issues about closing East and closing South thank you thank you Kevin now we have Lisa Spalding Michelle Rodriguez and Pablo Calderon Lisa Spalding representing the University Hill neighborhood association or unaa when you consider item 3E of your consent agenda una requests that you could choose ordinance 8605 this ordinance would leave in place

[30:02] the special Hill reg liquor regulations introduced in 2113 until a public process can take place which we hope would happen early next year when the planning board considered these land use updates which included removing the 23 the 2013 regulations they unanimously REM recommended that you in quotes direct staff to undertake a robust public public process that specifically and solely focuses on restaurant Brew Pub and Tavern use standards and code enforcements in uid to develop a way to move forward that finds the right balance for all involved that is all we want we ask Dr Tracy Tumi a policy expert at the University of Minnesota School of Public Health who specializes in substance use control policies especially those related to retail sales environments if late night bars still posed a threat she pointed us to studies that found

[31:00] increases in vehicle car crashes emergency room Admissions and alcohol related assault injuries when liquor sales were increased by two or more hours also the CDC still recommends maintaining or limiting the hours of sales and regulating alcohol Outlet density two successful environmental strategies if it makes you more comfortable adopting 8605 this evening we would support removing the 50% food requirement we know there are other compromises that we could make if we had the chance to work together on Late Night closings please give us that chance thank you thank you Lisa now Michelle Rodriguez Pablo Calon and Jan Burton hi guys um I just wanted to say real quick um I know you guys never know what to expect out of me but um I'm I'm in a much lighter mood tonight and I just wanted to say cuz I'm not sure if I'll get that chance um before the

[32:01] voting season that there's some people I will really miss I don't see Rachel here today but um uh I wanted to express my sincerest gratitude for all of those that hung in with the city council and um and with this uh ordinance 8609 that um is going to get the second reading tonight um you all deserve purple hearts for that and uh I really I really appreciate everything that um you all have contributed as well as the police and the police panel um the new police monitor Sher Dawn the um the police department and chief Harold everybody's come such a long way and um I appreciate you guys' efforts um to restore faith in the community um for what has been a very daunting you know last last decade and uh I I really look forward to to seeing where it's all going to lead and thank you and I appreciate you

[33:01] all thanks for that Michelle and Rachel is present virtually so she did hear that okay now we have Pablo Calderon and Jan Burton and Evan rabitz hello my name is Pablo Calderon um it been known for years than the demand for lap women in Boulder exceeds the public Supply situation is worsen by the shutdown of private pools and the fragility of the South B Rec Center pool close for months last year in this situation closing East Boulder um Community Center for renovations for an estimated 18 months reducing the available lanes for about 36% is nothing less than a catastrophe for the boulder swimming community there needs to be a plan previous plan that compensate for the massive loss of swimming space a reasonable solution is to stall a retractable enclosure over Scot Carpenter making it a winter indoor pool

[34:02] while it's still a summer outdoor pool designs meeting the highest Energy Efficiency standards exist and some of them already running successfully in similar climates we can have as many lanes as the three rec centers together for a fraction of the cost of renovating a single one the catch is we need to reassess and adapt which is a hard skill but we ask you on behalf of the local swing programs competitive and recreational Youth and adults triathletes water poo teams and individuals such as myself that just want to stay healthy to please stop and re-evaluate we have sent all of you an email with many more details about this we sincerely hope that this is just the beginning of a longer conversation thank you for listening thank you Pablo now we have Jan Burton Evan ravitz and and Reese

[35:00] Campbell good evening mayor council n I'm Jan Burton from the yes 42a campaign I'd like to give a progress report on our campaign we've raised almost $330,000 mostly through the generous donations of Boulders Arts nonprofits to create awareness of the tax extension and the facts no new taxes no Cuts in existing Services a win-win for all recipients of the general fund dollars including the art sector yes on 2A has been endorsed by The Daily Camera the boulder weekly numerous political organizations including plan Boulder and the boulder progressives and it was endorsed by the NAACP with the following quote from Jude landsman NAACP Boulder County supports ballot 2A supporting arts and culture programming in

[36:00] Boulder through the Arts we as a community can defy stereotypes share cultural identities narratives and values and artists have always paved the way to Freedom the recently released by the city arts and economic Prosperity study indicates further growth in the impact of Arts on our economy and thus your tax revenues in 2022 nonprofit Arts and Cultural organizations and their audiences generated about $115 million in economic activity in Boulder supporting 2450 jobs and generating 4.6 million of tax dollars to the city and the county so the success of 2A will not just generate the sales tax you need to run your city but the Arts compon component will also generate more sales tax revenues for the city in summary we're

[37:03] pushing hard for the passage of 2A thank you much now we have Evan ravitz ree Campbell and Phoenix saloo so the city is finally looking into a legal camp for about 25 homeless folks you've been talking about camps for for at least 8 years while hundreds have died at least two frozen to death dozens of frostbite cases and many millions spent chasing the homeless round and round even if you actually open a camp for 25 that still leaves about 150 homeless who cannot or will not use the shelter for many excellent reasons who you still will be chasing round and round at a cost of 3 million ion dollar for next year same as the last two years why would you want them

[38:02] in our faces in our parks and by our Creeks when they could be in our many unused places for years I've wondered if whoever is running this town is waiting for Vigilante action as two-time British prime minister Benjamin Disraeli said the world is run by very different personages than you would think well you got that vigilantism two weeks ago with the guy driving his truck around Central Park trying to kill homeless people the last time was in the '90s when two homeless guys were killed by the arum if you can't tolerate homeless people as the country did by the millions in the Great Depression I told you I'd start a never bu Boulder campaign I just made made my first order of staple foods from Costco and saved

[39:01] money compared to anywhere in Boulder even without a membership with free delivery I urge others to look into it thanks s now I have ree Campbell Phoenix saloo and Deborah Molton hello may Brocket and City Council Members if sorry ree if you can get the microphone please hello mayor Brocket and City Council Members it up too my name is Reese Campbell and I'm the president of Boulder aquatic masters swim team that has been offering structured swimming classes to the Boulder Community for over 30 years this team is a member of a of the Boulder Community Aquatics Coalition that consists of five other nonprofit Aquatics teams with over 12200 combined members our swimmers range in aged from 6 to 89 all teams in this Coalition are

[40:01] very heavy me uh heavy users of the city's pools and recreation centers in 2017 the Boulder parks and recreation department made the correct decision to renovate the Aging Scott Carpenter pool and recreation centers a plan was created based on community input at that time without going into detail the plan to renovate the recreation centers as it stands today 8 years later will leave swim teams in the Coalition everyday swimmers as well as Boulder and Fairview High swim teams with the potential for a 60 plus% reduction in pool space for several years this will be completely in a completely infeasible situation circumstances have changed significantly since 2017 and the priorities of that outdated plan must change accordingly I'm here tonight to kindly ask that you provide Direction and authority to our partners at Boulder parks and recreation to work with this coalition to adjust the plan for example one simple change could be covering the Scot Park Carpenter pool

[41:00] making it a year round facility before closing down recreation centers for sustained periods of time this will help maintain the health and vitality of thousands of swimmers in the Boulder Community thank you for your time thank you Rees now we have Phoenix saloo Deborah Malden and Philip Sneed hi Phoenix U um I wanted to bring up again the point of what it would take to begin redesigning for a more child-friendly world and being able to redesign our bathrooms especially um going over to the library it's excellent because there's a toilet that's fitted for my three-year-old and it's perfect for her to use so um I just wanted to bring up again the possibility of in lie of being able to potentially install those toilets throughout the city installing seet reducers for children and stools and

[42:02] bathrooms um it's going to be still a number of years before my kid is able to reach everything so I wanted to speak on behalf of myself as a parent as well as all those other parents that I'm still trying to bring in to council to speak on it as well so thank you very much and I appreciate your time thank you Phoenix now Deborah molden then Philip Sneed and Richard beagle well hi Deborah Malden I'm here on behalf of the 2A campaign since I know you know that people should be voting based on facts I'd like to correct misinformation that's been spread about issue 2A one allocating General funds to the Arts will not lead to Cuts in city

[43:00] services budget staff have confirmed this most of you approve the sharing of 2A tax revenues another correction the current 15-year ccrs tax does not provide dedicated Arts funding the original tax was passed by voters with strong support from Boulders arts groups since it dedicated 30% to Arts facilities related Investments but when the tax was first extended only 10% went to the Arts and the current extension provides no dedicated Arts funding zero it allocates 10% to all Community nonprofits 90% to the city and no Awards have been made to date critics of 2A have also ignored two important points the library district approved by voters last year removes $10 million in library Services expenses from the budget specifically from the general fund this bolsters the city's finances and

[44:00] financial flexibility by $10 million a year in perpetuity this is more than two and a half times the amount of funding that 2A would allocate to arts and culture point two the Arts produce an outsized return on investment for City finances as confirmed by the updated just relased economic impact study commissioned by the city voting yes on 2A secures the ability of both city services and funding to strengthen the arts and culture ecosystem a proven high yield investment in Boulder social educational and economic growth and in the health and well-being of everyone in our community thank you thank you Deborah now Philip Sneed Richard beagle and Darren oconor hello I'm I'm also here in to urge support of 2A I'm the president and CEO of the Arvada Center for the Arts and Humanities but prior to my appointment to that position in 2013 I

[45:01] was producing artistic director of the Colorado Shakespeare Festival here in Boulder and I remain a resident of Boulder so I have a perspective on the situation in both cities the Arvada Center receives $4.3 million in funding from the city of Arvada every year compared to the dairy Center's funding of $50,000 this represents 32% of our annual budget of 13.4 million and is comparable to Loveland at 3 .2 million and Fort Collins at 5 million but far more than Boulder at a total of 1.8 million 63% of our budget about $8.4 million goes to compensation and and benefits to our 60 full-time year round employees plus hundreds of additional part-time seasonal and contracted Personnel we serve over 300,000 patrons a year to the center including 67,000 students on field trips of which 23,000 were from Title One schools and thus received free admission Americans for the Arts recently released their sixth

[46:00] report on the uh arts and economic impact which found that attendees at Arts events spend an average of $384 beyond the cost of admission on local Merchants for the Arvada Center alone this equals over $1 11.5 million annually to local Merchants all of this and more could be Boulders with additional support for the Arts and uh as a concerned citizen I urge support for 2A thank thank you thank you Phillip I have Richard beagle Darren oconor and Heather novius mayor city council having been a real estate developer for 30 years I'm not used to 120 seconds but I'll see what I can do and if you can get into the mic too please uh yeah let's see is that adjustable there we go um so when myself and my twin 8-year-old daughters moved to Boulder year ago I don't remember our location being described as the volder as the Valmont Raceway uh I guess I missed that in the marketing materials we're often awoken to the

[47:00] Delight of the Native fauna that being the male peacocking activity of I can burn more hydrocarbons louder than you can crowd these are male species that apparently feel that by modifying their underpowered vehicles to obnoxiously loud levels that they'll appeal to female species however I don't believe I've ever seen a female in these obnoxious one occupant Vehicles placing a sound meter in our backyard I measured some of these vehic as loud as 98 DB to give you a sense of how loud that is 100 DB DB is the noise level of an approaching Subway or using a jackhammer other cities and states have come to recognize the damaging effect this loud noise has on children and have enacted laws 14 states of date including Colorado Colorado's says in part no person shall modify the exhaust system of a motor vehicle to increase the noise above that emitted by the muffler originally installed on the vehicle hm some jurisdictions have come to recognize having a law is not enough it

[48:00] needs to be enforced a number of cities in California and New York have installed sound cameras that are like the speed cameras these sound cameras come equipped with a sound meter they quote records the desal level as the vehicle approaches and passes the camera Matt was kind enough to respond to an email that I sent and I understand the city staff is in the process of preparing a resolution for city council consideration to allow the expansion of autom speed enforcement cameras with the recent passage of SB 23200 earlier this year what if we added sound cameras to that I know I've in emailing a few of you that I've also gotten that it's in your neighborhood as well let's make bould a better place thank you thank you Richard now we have Darren oconor Heather nikus and Chris aled good evening Council Darren oconor speak speaking on my own behalf tonight as you're no doubt aware disturbing information has come to light about

[49:00] Boulder Police Department's deputy chief Redfern information that has caused the NAACP Boulder County Branch and affiliations and friends to swiftly respond I feel the branch is Justified in calling for red Fern's resignation or termination it is troubling that red fern was hired after the known history of officer lolai who only resigned after the history of use of force under color of law was unsurprising repeated on the job in Boulder Redford's known history is that he was the night ship Duty Captain for Aurora Police Department when Elijah mlan was killed after officers used Force against him for what appears to have been the crime of walking while black Redfern changed notes in the call logs for the incident from suspicious person to assault on an officer though he admitted he never investigated McLean's alleged assaults Aurora and many officers including Redfern were later sued for excessive force and for violating a group who gathered at a violin vigil's right to assemble on the Aurora Municipal Center Great Lawn the federal complaint states

[50:02] that Redfern oversaw and directed officers at the vigil declared the vigil unlawful despite their permission to be there from the city and directed officers to use force and used force himself his use of force included according to the complaint deploying a pepper foam fogger on the crowd the plaintiffs in the lawsuit settled for $750,000 it's truly disturbing that the city of Boulder is defending red Fern's actions and their choice to continue his employment caught holding the bag your answer is what bag my answer is the steaming bag of law enforcement Bad Apple that is Deputy Chief Redfern he should leave BPD before our community once again has to pay for the wrongs of a known Bad Apple police officer stop the pattern and practice of hiring those known bad apples and start with terminating red fern before he spoils the whole damn bunch thank you thanks staran now we have Heather navius Chris alred and Jeff

[51:02] tench hi I'm Heather novicz thank you for your time today I'm here to talk about the value that the Riptide Swim Team provides to the Youth of Boulder and to create awareness of the challenges facing the team given limited year round access to pool facilities and to kindly request your guidance about how Riptide can best engage with the city to explore partnership that increases exess ability to Aquatic assets for the purpose of securing future competitive swimming opportunities for our kids Riptide serves the kids in Boulder swimming community the team is 9 years old and 165 swimmers strong Riptide is cultivating a community of excellence and Champion mindedness by connecting hard work with success swimming outside and exercise contribute to positive mental health for kids compassion growth Excellence are the values that drive riptile Riptide has claim multiple state titles send athletes to sectionals and Junior Nationals and just sent its first

[52:01] swimmer on to college on an athletic scholarship the team is also helping other athletes with college recruiting the coaches of Riptide have lifechanging impact on kids swimmers tend to be empowered successful students who attend college earn degrees and become good citizens who give back to their communities Riptide swimmers are leaders positive role models and the team promotes Community engagement and Ally ship the challenges facing Riptide are centered around limited yearr round pool access in Boulder especially given recent closings of local clubs despite increasing numbers of Youth swimmers in our community access to Boulder pools for training is decreasing and this is jeopardizing the future of the Riptide team historically other teams have had to move outside of Boulder to find pool time and now Riptide is also at risk of this future Riptide is part of an established health-driven Physically Active swim oriented community and the kids need a voice what can the city of Boulder do help the team by

[53:00] providing an entry point for engagement reassess access to existing underutilized aquatic assets and evaluate the needs of the community's young swimmers thank you for your time thank you heather now we have Chris aled and then Jeff tench is the last in-person testifier good evening Council hi my name is Chris aled I live in Longmont and I work in Boulder at Rocky Mountain peace and Justice Center tonight I'm here to make a public comment about public comments I've I've noticed protocols at various different city councils throughout the region and I believe it's very important to be

[54:01] encouraging Civic engagement and I recall here before the pandemic that the council would allow people to sign up for open comment and public hearings in person the night of the event and I think this is very important because there are times where in the realm of Grassroots organizing it is a busy week and we may not learn about an agenda item until just a few days before it occurs at the council meeting and so I think that the FBI task force is one very recently that I know that many people in the community cared about and I think it was only brought to people's awareness two or three days beforehand and we still had around 10 or 12 people to make a comment and I know that tonight the police oversight panel is on the agenda for a public hearing and I

[55:02] saw that only four people signed up I'm sure that there are many others in the community who would like to speak on this topic because I know it's been of great interest through the years so I think it could really help with Civic engagement in the community if the council would reinstate inperson sign up for public hearings and open comment so I just wanted to make that comment to tonight and I was wondering what would be the best path forward to uh to request this change in the procedure if that was something that the council decides or the agenda committee or the city manager so I would be really grateful for some direction there and thank you for your time thanks Chris now we have Jeff tench and I understand Lyn seagull's present in Chambers as well uh good evening uh my name is Jeff tinch uh thank you for all the council members for the opportunity to speak uh

[56:00] I'm here tonight uh like several others to uh raise concerns about the ongoing Supply demand imbalance of uh swim lanes for our swimming community here in Boulder I'm the parent of two children that are members of the Riptide Swim Team that you heard about a few minutes ago and as we examine uh many of the documents that are on the City website related to programs associated with the Aquatic plan in 2015 the uh upcoming uh proposed renovation of the East uh Boulder re Center uh my request is that the council uh consider the changing circumstances in the supply demand and balance of available swimming lanes for both recreational Youth and uh in some cases professional uh swimmers and athletes in the Boulder Community uh there's always a question of the availability of funds for for

[57:00] these types of programs there's some $40 million that's been earmarked for a renovation of a Rec Center that while difficult is going to actually remove uh access to swim Lanes uh during that renovation and in particular uh the request here as you've heard from several other members of the community is to pause to re-evaluate the conditions that we find ourselves in here now 8 years on after the original swim study and in particular uh evaluate what uh approach may be taken to create a year round facility at Scott Carpenter uh given the current available uh technology and in particular evaluation of the use of funds that otherwise be placed in a direction that may work in the long term but in the short term further exacerbate the problem so whether that's in the form of a direction to the Parkson rec department or or otherwise uh not understanding all of the protocols uh the humbly request that you consider what you've heard here tonight on that topic thank you thanks Jeff Lynn seagull is our last inperson

[58:13] testifier in honor of the Michelin Awards to the um food people in in a in honor of the food people that were recognized um there's something in the food industry called terar t e r r o i r it's way cool it means some the environment that creates the flavors in the food like sourdough bread in San Francisco either baked or gr the grain grown or something is really different than you know in another place or just the environmental content of what goes into the making of the food okay we know that 500 were killed

[59:04] in the hospital um in Gaza two days ago and and I say terar not Terror not t e r r o r t e r r o i r food not bombs just a and new way to think of things um I was at the um Chamber of 30 to noon it was fabulous I only went because Tom chech was speaking and I'm in the Life Sciences I'm an ultrasound tech and I followed I have somalogic from Larry gold and and I've followed him oh and what's so interesting is that Sophie who is Black uh what's the name of it the black belly her uh husband they have a a kid with a genetic disorder that Larry

[60:00] gold from somic is working on and so it's so wonderful our the Dynamics of our community here in Boulder it's fabulous um and the Chamber I've never been really to a chamber well probably I have since ' 87 but but I was very inspired by the presentations so just wanted to say that for now thanks thanks Lynn and the Financial strategies committee the night your time time is up but thank you for the positive comments um and our one online testifier is Travis leberge so Travis you're up hello uh can you hear me okay yes thank you my name is Travis leers in an age of deliberate misinformation it is all too easy to blend opinions with desires and then finish the cocktail with a conflation of cherry-picked alternative facts to deliver what would seem to be a compelling argument sadly

[61:01] that is the case with people trying to defeat ballot measure 2A the facts are simple datadriven studies continue to demonstrate that investing in the Arts yields a positive economic return on investment for City coffers the recently released facts from the art and economic Prosperity study show that the Arts sector delivers millions of dollars in tax revenues to the city of Boulder every year it is the fact that compared to comparable cities both in Colorado and around the country Boulder has systematically underfunded the arts for decades it is a fact that most Arts nonprofits in Boulder provide programming for kids in schools that would otherwise not happen for example last year alone paranda School of musical arts provided over 1,400 Boulder music classrooms with on-site support during the school day providing over 42,000 student interactions and based on all of these facts it is undeniable that passage of 2A will result in more children in schools being served while increasing city of Boulder coffers in

[62:01] fact it is entirely possible that the increase in sales tax generated by this investment will more than pay for itself time will tell if this is the case however given that voting for 2A will not increase taxes at all and will certainly pay for itself in part I believe it is a wise investment thank you to the majority of city council members who have chosen to embrace the data to support the facts and to endorse the passage of 2A it's an easy win for Public Safety Human Services the Arts our schools and our children thank you for your time and attention this evening thank you Travis and with that that brings us to the close of open comment I'll turn to staff for any responses thank you so much mayor um uh obviously staff cannot comment on the ballot measure and so we will not be doing that tonight I will say that there's been a lot of conversation about pools and uh we have our director of Parks and Recreation here if Council uh would like

[63:00] to or actually why don't you go ahead Ally yeah certainly Ally I I would invite you up if you wanted to address some of the and then I have one more thing to to respond to good evening everyone I'm Alie rhods director of Parks and Recreation for the city of B mic a little closer everybody say it five more times Aaron uh I am Ali rhods I'm the director of Parks and Recreation for the city of Boulder I want to thank everyone for came down coming down down on a Thursday evening to talk about pools um just to start with um a fact that we Value Health and Recreation in our community of all kinds um and and that is the mission of Boulder parks and recreation uh we do our best to do the most good that we can with the dollars that we have um and that means that we cannot do everything for everybody but specifically around pools I want to talk about the future of the Recreations uh centers project in the East Boulder Community Center uh as a reminder for city council and for the edification of the folks behind me that project was selected um first as

[64:01] we update facilities because of findings from the 2021 facilities master plan and the 2022 Parks and Recreation plan it's been prioritized based on its age its condition its energy consumption and the broad variety of Ages and interests that serves across the community um the renovation will improve Warm Water Swimming which just as a reminder um in addition to kids serve people with disabilities older adults anyone who can't do weightbearing exercise and has been a gap in our community since the Mapleton therapy pool closed almost a decade ago that's a commitment we made um in 2015 with the aquatics feasibility plan uh we absolutely will explore options to minimize impacts of construction projects are typically phased uh youa may not all remember our last major renovation of a recreation center was North Boulder in 2001 that project was phased the gymnastics center was kept open for most most of it because it was serving around a thousand

[65:00] kids and so they went around the back it was yucky I think there were some porta-potties involved for a while but the project was phased um I've talked to our colleagues in facilities we think we can set up that project in a way to minimize impacts for example we can time construction on the pool to align with the outdoor pool season so that no major costly Renovations of Scott Carpenter are necessary it would be expensive to sque it in during that season however likely less expensive than major renovations to a built uh facility regarding winterization of Scott Carpenter pool uh for folks to know we did explore that heavily in 2017 I understand Community supply has changed in that time what I don't think will have changed is the energy consumption of a temporary structure um what we heard from the community and the Outreach for the design of Scott Carpenter was a few things yes this is a lap swimming loving community but we have three indoor recreation centers and Scott Carpenter is an outdoor pool people were not interested in it being a year- round indoor facility so then

[66:01] you're exploring temporary structures um with facilities and Fleet we spent um quite a bit of money to do a thorough feasibility study on tensil structures like the bubble at the Millennium Harvest or the YMCA pool in Lafayette we explored the retractable structure that um I believe Mr Calderone mentioned um all of them were reviewed carefully for energy consumption constructability and then impacts on both the capital and operating budget at the end of the day none of those temporary structures met our energy goals because they're not fully built structures with a solid envelope that would hold the conditioned air necessary to keep the pool and people warm um and it would be very very very expensive both the capital and operating dollars were beyond our budget um so if there is interest in we exploring that um it would take a KN of five we we could come back to you in 2 weeks with more information on what that feasibility would look like to re-explore it um but I think it's going

[67:02] to be very very very expensive thanks to Allie any questions for Ellie while she's up here Tara do you have any plans that you want to share about what we could do to alleviate the situation that 18 months besides Scott Carpenter so I think um first of all 18 months is not a number that came from us I know you you heard it there that's that's not a number so um the the pool construction I don't have a timeline for that what we would do is from the beginning in the RFP process share our interest that we want this done as quickly as possible and in alignment phased with the outdoor pool season there are other Pool Pro providers in the region not in the city necessarily I'm not sure about the University's current Supply in use typically um that that just depends um there are pools in other municipalities so we would explore where else are there opportuni should there not be um Solutions with outdoor

[68:05] pools thanks Ally Ally when you did the study in 2017 was there kind of just a swag on the numbers do you have any I don't want to hold you to a number that's six years old but I I'd like to remind you that they're six years old and um inflation's been a bit of a thing since then so I am giving you 2017 numbers for a tensil fabric roof enclosure it was going to be um the design fees were not that much the installation was around a half a million dollars it would include um another 10,000 I believe in the spring and another 10,000 in the fall for installation they have a metal structure typically that holds them up the utility costs were estimated to be a million dollar a year and then Staffing would be in addition to that so at that time it was estimated to be around another million our lifeguard costs have gone up more than 100% since then do does that those numbers include um heating the the

[69:01] changing rooms and whatnot um so that's a really good question at that time the cost does include winterization of the bath house the city with prab and city council approval chose not to go down that rout the bath house is not winterized and to operate a pool you have to health code requires access to bathrooms and showers and so If This Were to be a temporary thing to be done during construction you'd have to figure out um we were talking with facilities and Fleet I'm not sure whenn arising the bath house makes the most sense perhaps it's temporary showers and restrooms in a pod-like system and so we don't have a cost for that that's going to yeah I didn't think you did so winterization of the bath house is the and updating these costs is what the work would look like over the next yeah that was the question I was going to go to Ally so the notified would be to um update and maybe maybe um do a deeper dive into the numbers and whatever cost that might be we have some expertise in house but not all of it right okay thank

[70:00] you thanks so much for that Ally appreciate you being here with all that good information ner did you have other things I did and just um I wanted to address one last thing and this is unfortunate to hear tonight allegations again against deputy chief Redfern I know that you have been receiving we have been receiving numerous emails on the topic and so well I just wanted to note that we will be responding to each one of them for tonight I wanted to reiterate the following which we which we have also said um to others at No Time have there ever been allegations of misconduct against Redfern related to the investigation into Elijah McLean's death to the contrary deputy chief Renford is serving as an expert witness for the Attorney General's office to support the prosecution of the officers involved in this case his former colleagues it was deputy chief Renford who categorized what happened that night of Elijah's McLean's death as a critical incident which then ensured the incident was investigated and reviewed allowing

[71:01] for the criminal charges to come forward with regards to allegations made in the lawsuit regarding deputy chief Renford role in the violin protest I'll say they were the allegations that the speaker mentioned were written by the plaintiff and include some incorrect information about the actions officers took at that protest specifically deputy chief Renford did not direct these actions and was dismissed as a defendant to the lawsuit as part of the settlement in this case deputy chief Renford was chosen to be Deputy Chief from a national search with an independent recruiter he was vetted during an in-depth background investigation and that investigation showed that he had retired from the Aurora Police Department after 22 years in good standing since coming to Boulder he has demonstrated strong convictions and unwavering support for the reimagined policing plan recently approved by Boulder City Council deputy chief Redfern has served our community with Integrity honor and compassion and the city stands by him without

[72:03] hesitation thank you for that Maria trce did you have anything I did with with respect to the question about how can public comment be changed those are contained in the council procedures so that's at the council's discretion uh should Council have an interest in changing those we would require a not of five to move forward thanks for that anything from city council seeing none oh wait there's Rachel hey everyone um I did want to suggest that maybe the engagement subcommittee take up that request to be able to sign up for um comments in person okay I guess we can forward that to the engagement subcommittee the engagement subcommittee can consider your

[73:01] request all right very good all right well thanks everyone for coming out and speaking tonight we appreciate your input um on all of those important topics uh Elicia if we can go to our consent agenda please yes sir thank you our consent agenda is item three on tonight's uh agenda and it is consisting of items 3A through 3 any uh comments or questions i' consent agenna I'd like to offer a comment before making a motion um I think to sort of just uh highlight that I'd be um interested in asking my Council colleagues to uh really let's see to continue item 3E um to a date certain of November 2nd um so that we can just have that on consent November 2nd and then have a public hearing on November 16th um the main reason for this is can you explain what the yeah so yeah so item 3E is um a two-part ordinance it's ordinance 8590

[74:00] and 8605 and this has to do with sort of the third module of our use tables and you know we had uh given staff Direction and and sort of where they wanted to go and and sort of focusing them on where uh module 3 would go and that's really emblematic in 8590 and then sort of uh recently the planning board um made a decision it sort of made a suggestion I should say to sort of pull something out and I think we may need a little more time to kind of talk through the implications of that um and how it might impact the ordinance or the overall objective of of what we intended with 8590 and so just a couple weeks uh just a little bit of breathing room I think might be necessary for us to be able to talk through that um and then from which case we can put it on consent and then um look to have that public comment um on and second reading on November 16th um so with that um I'm open for any just any questions about what I would be requesting before I make a motion all right uh will I oh yeah you

[75:01] m will that impact our ability to make comments or adjustments to that item when it comes up in front of council it shouldn't change any of our regular process it just shifts it two weeks thank you that's good question um so with that um I'll make a motion to uh um pass the agenda with an amendment to uh continue item 3E for a date certain of November 2nd I'll second that great we got a motion in a second any further comments on this seeing none if we could do a roll call please Elicia yes sir the roll call for the consent agenda will include approval for items a through D and F through o and the continuation of item 3E we'll start tonight's roll call with council member Wier yes Yates yes Benjamin yes mayor

[76:03] bronet yes council member fards yes friend yes Joseph yes spear yes and mayor protim Walling yes the consent agenda as motioned and amended is hereby approved unanimous thanks very much if we can do our callup check in please our call up check-ins our checkin is item four on tonight's agenda 4 a is the concept plan review and comment request for a proposal to develop 3125 34 Street with 44 permanently affordable townhouse units with a mixture of two story two bedroom units and one story one bedroom unit The Proposal shows a series of fourplex layouts with two one-story units flanking two twostory units and this is

[77:01] reviewed under case number l223 31 any questions comments or desire to call this up seeing none I'll just call on myself and say this is a boulder housing Partners project uh looks very promising with some missing middle housing deed restricted affordable and I thought the planning board had some good comments on this as well but no no interest in calling this up looks promising and with that if we can go to our first public hearing please yes sir thank you our public hearings are item five on tonight's agenda 5A is the consideration of the four following ordinances that are related to the 2024 budget these ordinances are being considered for second reading and adoption first ordinance is ordinance 8495 which is adopting a budget for the city of Boulder second reading of course of 8596 which is establishing the 2023 city of Boulder property tax Mill levies ordinance

[78:03] 8597 is appropriating money to defray expenses and liabilities of the city of Boulder and the fourth ordinance is ordinance 8598 which is amending chapters setting uh amending various chapters setting fees and definitions thanks for that Alicia Nua you want to get us started here uh we have talked a lot about budget mayor in this uh season and so I am going to pass that straight to Mark wolf good evening Council Mark wolf budget officer uh happy to be with you again this evening and talk budget we'll go quick uh since we have spent a lot of time on uh budget this season if I can drive effectively then we will go okay uh so we will cover uh briefly just as a reminder the council approved changes from two weeks ago that are now included

[79:00] in the 2024 uh budget and the brief uh overview of the total budget numbers uh and then we'll be on to the public hearing these were the four changes uh from uh our conversation two weeks ago that were approved on first reading including additional um funds for pavement Management in the transportation fund that was an additional $500,000 one time we have additional support for Community connectors and residents out of the general fund 10,000 one time with a note to revisit that um as an potential ongoing expense as we look ahead to the 2025 budget in addition uh to funds uh for underpass lighting and maintenance that's an additional $30,000 ongoing in the transportation fund and lastly additional funds to support the ambassador program that is a central area General Improvement District expense and I'll just note that that additional $113,000 was included in the district resolutions that you passed on

[80:02] consent so that brings your total 2024 budget um to 55.3 million uh very similar to last year's budget again that is because of a change in how uh we are budgeting for Bond proceeds U the Apples to Apples comparison uh excluding utilities is a $400 million budget even or 4.8% above 2023 and your general fund budget is 196.168 based off of the decisions made two weeks ago and that is the end of our brief

[81:00] presentation you really put the brief in that brief presentation there mark are you eager to get on to your next role here is it uh thanks so much for that any uh questions for Mark or other staff no questions well all right we have been through this um already several steps in that case we can go to our public hearing and we have um one person signed up to speak and uh that is Lyn seel ly you get 3 minutes wow you did something ahead of time we were just talking in front of the Trident as I told you last night about but I didn't tell you the specifics Mark about needing lights on the underpasses for when we're riding at night and you've already got it in there what yay okay I don't I don't know what's all in there it was a short presentation but I do want to say I want if there's Mill

[82:01] Levy involved and I have to go to the county too to do this um please anything to lower my property tax burden I'm 70 years old fixed income and just wanting to keep expenses down and with all the inflation and everything else I want Deployable funds rather than my bag being taken and someone spending my $360 like uh um we need to somehow get funds into the hands of people the slow um the the small businesses that were talked about at the chamber meeting today um instead of a universal um uh basic wage or instead of a minimum wage some other form of adding funds to service folks that need to be fed to stay here for for the business to stay here right and then that can

[83:03] reverse stimulate the whole situation and and we'll have a much more thriving community so that's all I could say and I think you get that Mark and and nura and all and and of course you guys run the place right so yay thank you thank thank you Lynn all right uh come back to council any uh comments about the budget I know somebody wants to say at least one or two sentences maybe that person is me Nicole go ahead I was just gonna say great job two words not two sentences yeah here here yeah extraordinary job y it's really an impressive document very people people centered centered on Boulder value so thank you for the work that you did to accomplish that I believe we have to make four separate motions with four separate roll calls is

[84:01] that right yes sir I hate to be to Bear bad news all right who who'd like to get in the driver's seat and get us going here yeah okay where's the I move uh I move uh on second reading consideration of a motion well move to adopt ordinance um 8595 that adopts a budget for the city of Boulder Colorado for the fiscal year commencing on the first day of January 2024 and ending on the last day of December 2024 and sending forth details in relation there to Second do a roll call please thank you sir we'll start the roll call for the approval of of ordinance 8595 with councilman reates yes Benjamin yes mayor bronet yes council member fuls yes friend yes Joseph yes spear yes

[85:04] mayor Pro Tim wallet yes and council member Wier yes ordinance 8595 is hereby approved unanimously great who wants to go next right Lauren I move to adopt ordinance 859 96 that establishes the 2023 city of Boulder property tax Mill levies which are to be collected by the county of Boulder state of Colorado within the city of Boulder in 2024 for payment of expenditures by the city of Boulder County of Boulder state of Colorado and setting forth details in relation there to Second got a motion to Second roll call vote please Elicia yes sir we'll start this roll call for 8596 with council member Benjamin yes mayor Brockett yes council member fuler yes friend yes Joseph yes

[86:05] spear yes mayor Pro Tim wallik yes council member Wier yes and Yates yes ordinance 8596 is hereby approved unanimously who wants to go next oh Mark I move to adopt I move to adopt ordinance 8597 appropriating money to defay expenses and liabilities of the city of Boulder Colorado for the 2024 fiscal year of the city of Boulder commencing on the first day of January 2024 and ending on the last day of December 2024 and setting forth related details second motion second roll call vote please we'll start the roll call vote for ordinance 85 97 with mayor Brockett yes council member farts yes friend yes Joseph yes spear

[87:04] yes mayor Pro Tim wallet yes council member Wier yes Yates yes and Benjamin yes ordinance 8597 is hereby approved unanimously right Matt all right I make a motion to adopt ordinance 85 98 amending chapter 4-20 fees brc1 1981 in sections 8- or 3- 8-3 tax imposed on nonresidential and residential development 8-9-1 purpose and legislative intent of 8- 9-2 and definitions and 8- 9-5 Capital facility impact fee to be earmarked BRC 1981 changing certain fees and setting forth related details second we have a motion in a second can we get a roll call please Elicia yes sir roll call for ordinance 8598 we'll begin

[88:01] with council member fits yes friend yes Joseph yes spear yes mayor Pro Tim Walling yes council member Wier yes Yates yes Benjamin yes and mayor Brockett yes ordinance 8598 is here by I approved unanimously thanks so much and congratulations for all the amazing work all right we are running ahead of schedule yes perfect pin me exactly can we uh move to our next public hearing please Elicia yes sir thank you item 5B our second public hearing on tonight's agenda is the second reading and consideration of a motion to adopt ordinance 8609 repeat appealing and reenacting chapter 2-11 police oversight of the BRC 1981 redefining the composition duties

[89:00] and powers of the city organization related to civilian oversight of the police and setting forth related details and our second item is the introduction consideration of a motion to order published by title only and adopt by emergency measure ordinance 8613 amending the moratorium on the police oversight panel in the city of B and setting forth related details thanks Nur if you would thank you mayor and I uh before I pass this on to our um consultant U Miss muskin who I believe all of you have met I just wanted to um note this has been a long time coming uh I want to thank the members of the police oversight panel uh they have been um thoughtful and Incredibly patient as we maneuvered through this the working group that was um brought together uh was I thought extraordinarily giving of their time to really think through these revisions of the ordinance uh and I

[90:01] think that the product that and the recommendations that we have before you are um tremendous and I appreciate council's Indulgence as there were so many things that we had moved that it was easier to repeal and adopt new than it was to um do the series of redlining but uh really just appreciate everyone's inp I also just wanted to make a note that there had been um quite a bit of community feedback and um some conversation with Community as well and wanted to thank all of those who lend their voice to this ordinance and with that I will pass it on to our consultant Miss muskin to introduce herself and kick us off thank you Nia um good evening Council Farah muskin I'm can you get a little closer closer okay sorry good evening Council Farah muskin consultant to the city of Boulder I'm really excited to be here really excited to be at this point um you know a lot of work went into this um and I know the city

[91:01] has um been thinking about and mulling over what police oversight should look like for Boulder for quite some time clearly even before I came on um and has been a topic of mine since um uh well obviously topic of mine since February when I was brought on and we hopefully um reached a point of satisfaction with what we're going to propose to you um Perfection was never a goal but what we wanted to do is clarify the role and the purpose of the panel what we wanted to do is address some of the roadblocks that the panel has experienced um since its deception and also take this opportunity since we're looking at the um ordinance to broaden a little bit of their role and so the presentation will give you kind of a summary of how we got here um an overview of the changes and then um some very direct conversation about the community feedback that we've received still closer okay

[92:01] sorry ah okay let me come in a little bit closer maybe that'll help you can also tilt it from the okay um I think it's really important obviously um because Community feedback is such a huge part of police oversight to talk about that directly um particularly as it relates to the selection process um and just also give you the um feedback of the work group I I I would remiss if I did not extend my appreciation to the work group uh we met every Tuesday for Two Plus hours for two and a half almost three months um and they came prepared to every single meeting um they came to debate um some of the meetings were tough um but like most things when you're dealing with policy we came to a middle ground I really anticipated I'm going to Chang it a little bit but I really anticipated having to bring you my own separate recommendation but as we work through together in the work group you have one recommendation that we

[93:00] stand by as a group and I'm really proud of that because I really thought I was going to come to you with my own separate recommendation and that would have been a little bit of a pickle but through our conversation and through our work together we came forward with a document that we're really proud of so I'm ex truly sincerely excited to present it to you tonight all right let's see so in the agenda for today we're going to go through the timeline basically how we got here the police oversight um ordinance workg group I want to explain a little bit about what's in your Council packet then we'll go in depth about the proposed changes an overview of the community feedback and then next steps because it doesn't if if it's passed today it doesn't end today we still the work still continues and I hope that expectation and understanding with Community is out there that we still will continue you to have conversations and really build the foundation around our oversight system in Boulder after today and then we'll go to questions and

[94:02] answers I hit the wrong button okay here we go um so again I was brought on in February um and in March and April I had the pleasure of talking to so many community members and stakeholders to really understand because police oversight is so unique to Community I needed to speak to community I needed to speak to the panel members I spoke to obviously current and former council members I spoke to community members that were on the task force I spoke to various organizations that were involved or interested parties in police oversight to really get a full understanding of what what their understanding of police oversight was what their expectations were and as from a consultant standpoint it was very important that I had that grounding and understanding um then in June we started meeting with the the police oversight work group um and we continued um to meet through August we had a community session in June to really get feedback

[95:01] about what what do you feel about the current ordinance what is your perspective about that and that was really important to get a sense of what community's um perspective was of the current ordinance um and then our last meeting was August 29th our last couple of meetings with the work group we went through the Draft line by line um just to make sure that we had it right and that the changes that we were looking to make were in there um and a tedious task but we did it um and that was and the work group was pretty firm on that being our last meeting so we did what we needed to do to get there um and then the draft went to Legal review um and that took a couple weeks but then we publicly released it to council the community to the panel on September 13th that actually was a day of a panel meeting and I gave a presentation to the panel going over um the proposed changes on that date so we had Community feedback sessions one virtual one in person in

[96:01] September to get feedback on the draft and generally um the feedback was very positive I'll go into more specifics of that later but overall the the feedback um was pretty supportive about the changes and then we submitted our um Council packet on the 28th then first reading on the 5th and now we're here today very excited to be here today so in your packet you have the proposed changes which is now 8609 um I think just the um complete draft of what the proposed changes would be um and then you have feedback that was given by three um panel members um and then item C is a memo that I wrote about the initial feedback that I got from Community stakeholders um pretty early on in our process in that March April time frame um and then summary of our feedback from our community session in person on June 21st um and then a summary of the community feedback we received in September of the proposed

[97:01] changes um and then I was asked to look at um cities comparable cities to Boulder in the makeup of their um police oversight and um to my surprise actually it's very comparable in terms of size um the average number is about 10 for panels across the country for the cities that I looked at um and then the final um um attachment in your packet was the red line so you could see how extensive the changes were and they were pretty extensive so um holistically it kind of gives you the map of what we looked at and the work that was put into this process so I mentioned this we had a very very thoughtful inconsiderate and engaged um police oversight work group that was composed of two current panel members one one that had been on the panel and one newer member I thought that perspective was really important to have on the work group we had a formal panel member a representative from Centra Amistad a representative from the

[98:01] NP a City attorney representative and a BPD representative all right now into the meat and potatoes so um when I've discussed the changes I really want I think it's important to talk about what is to totally different and what we added so essentially um what the biggest changes um in terms of what was changed or removed from the draft relate to the selection and removal of panel members that's a big change which we'll get into further and then also there was language in the current ordinance about kind of evaluation of the monitor by the panel we removed all of that language so I want to be very transparent about the bigger changes that were made um in the draft and then in terms on the right what we added was a purpose statement one of the conversations that I had in the beginning was if I asked 10 different people about the purpose of the panel I got 10 different answers um

[99:00] and I'm just being frank maybe that's a little too Frank but we really should have one understanding of what the panel does and what their role is and um the purpose statement is our attempt to do that to be very clear about what the purpose of oversight is for the city of Boulder and um a big change was uh that we're recommending is the ability for not only the p but the monor to review critical incidents and we'll get into that further we changed panel qualifications terms um and this was a recommendation from one of our um one of our workg group members who thought that it was important that we clearly delineate the The Authority that the panel has around making recommendations so you'll see in the draft they have clear authority to make recommendations around disposition discipline and policy and those are separate sections in the draft we changed training we added a section about obligations to the chief particularly as it relates to responding to formal correspondence by the Monitor and the panel we put in um and I believe this was at a request of a council

[100:00] member looking at evaluating the oversight system on a on a we put five years basis so that we always come back and say okay is it effective is it a re achieving the goal of what we want to do we set that in the ordinance and then we address outside counil which I know you've heard from Community has been a topic um for quite some time the purpose statement so essentially this is one of our first tasks as the workg group and we came together to draft something that we thought would represent what the purpose of over civilian oversight is of for Boulder and also the purpose of the panel the one thing that I want to point out to is that we specifically and intentionally included that the um panel and the oversight system would be would adhere to the National Association for civilian oversight of law enforcement to their code of ethics and that's really important in terms of setting the standard and the expectation for your oversight system so if the this ordinance is adopted um Boulder will be

[101:01] listed as a city that adheres to these code of ethics it's the National Organization it's the expert on police oversight and I think it's really important of setting the stage of where we're going with oversight and Boulder appointment of the panel members um we kept the number at 11 um but we did change record commend the change of the appointment from Council to um to the city manager um the work group was felt very strongly needing to have student representation so we designated two spots of the 11 two specific spots will be for students and they cannot be filled with non students they will be for students so if for example students aren't available then the panel will move forward with nine but they felt very strongly um students have interactions with BPD that their voice needed to be at the table um work group felt actually very strongly about that um it does say that the city manager shall seek Community input um regarding the selection um process um and also um

[102:02] initiate promote public awareness about the panel its vacancies and the roles and responsibilities we'll talk into this further um as this has been pretty significant Community feedback about whether or not the city manager shall or may form an advisory um committee for the selection process so we wanted to be clear that um if there when there is an advisory committee what the qualifications and what the types of um community members the city manager should look for in terms of their participation on um the advisor committee and we obviously wanted to lift the voices of those who historically have had negative in um interactions with law enforcement we felt it was important to include current and former panel members um as a former police monitor I thought it was very important to include the monitor in the process um they tend to be the glue in terms of really helping not only recruit but um help retain and train um um panel

[103:04] members and then the other part that is really important and I'm kind of geeking out a little bit but that the advisory committee would also have to go through a training about pan oversight and the civilian oversight of Boulder so that they at least have a grounding of knowing what the system is before they can make a recommendation as to who should serve right it's just a basic understanding and that was overwhelmingly agreed to by the work group so going to the point that probably you've heard pretty significantly from Community feedback is the shall versus May um as it relates to the advisory committee and I'll be very forri with you in our first draft as a work group The Language says sh um and we discussed it a lot and we went back back and forth about it um and we changed it to May primarily to allow flexibility of the city manager um in terms of the process we talked about how being on an advisory committee is time

[104:02] consuming um in terms of the process of going through applications reviewing applications interviewing and all that all of the things that go into a selection process um but obviously given the guidance that we gave about the advisory committee we Al we felt that it was important to have one but necessarily it may not necessarily be needed at every single point that there is a vacancy um on the panel and particularly it may not necessarily be needed as you're talking about students who will serve and who will probably rotate on an annual basis um and so those are the those things that we considered um in terms of the shall versus May and the workg group um I I don't think that um um you know the work group is firm in either way particularly when we we started out a shell um but just understanding that if it's changed to Shell that means that every time you know um that there's a vacancy that the

[105:01] advisory committee would need to be formed we do have language in the draft um that talks about we increase the alternates from three to five and there's specific language in the draft that says when there's only one alternate left that triggers a selection process um so hopefully there will be a pipeline um um of potential um panelists to serve um that may alleviate having you know recurring ADV needing recurring advisory committee but it was the intention obviously of the work group that community be involved you have to have Community involved in police oversight it it they just go hand inand so I want to make sure that that was clear but also understanding why we changed from shall to May um panel member qualifications and so this this the the other part of the reason why we're really proud of this draft is that every work group member has a line a sentence a section that they really had their hand in and this partic this particular section was

[106:02] drafted and thought through by one of our panel actually our NAACP representative who was really thoughtful and giving us suggestions in terms of what the qualification should be um and so we they really wanted a strong connection to Boulder that was very important to every single member of the work group um we talked about fair-minded being fair-minded objective and impartial um and those are the types of quality or um um people well how do you ascertain that is the question that I've gotten before and you ascertain that through your selection process you ascertain that through your questions that you ask in the application process the questions that you ask um in your interview and also as a former monitor I also talk to potential panel members um because I felt like it was my role to ensure that they understood what they were signing up for and the type of work that it entails faes to be in this volunteer capacity so um there are plenty of ways to ascertain that um but and it is also a standard you will see any combination of those three words in

[107:00] pretty much every single oversight um ordinance across the country um it objectivity is a very significant part of being part of oversight um then we talked about qualifications that they may have including valuing Equity diversity and inclusion understanding of relevant laws and then we thought it was important to say that does not require a panel member to be a US citizen we changed the p panel member terms so right now the max term is six years we changed it to four years so they would serve three in one so meaning a three-year term and potentially extend to onee or a two-year term and extend to uh another two-year term students will serve um one-year terms with a Max of two um and um essentially we thought you know 6 years was a long time um and you want continuity you want people to be able to serve this is really hard work

[108:02] um and you don't know how hard it is until you get into it and so we really wanted to make sure that this allowed for some sustainability because generally across the country it's hard to maintain panel members um on oversight panels panel training and so this was also um a big change in that we have two sections of training one section that talks about training the panel members must have prior to taking their first vote this is a big deal because essentially what this is saying is that we want the new panel members to be grounded in the work that they're going to Embark upon and have an understanding of not only City policies but also policing policies and Trends in police oversight and understanding the oversight system that they're are volunteering for the second half is annual training that they will now be required to have and one of the biggest changes is the requirement of either a 4-Hour ride along with a BPD patrol

[109:02] officer or a 2hour walk along and this is really important most complaints come from Patrol and so seeing that side I think is really important and sometimes can be very eye openening for members who serve on volunteer civilian oversight panel so we felt it was important to um include that in the requirement for training the interrelationship between the Monitor and panel this was one of the things that was on my list of things that I wanted to work on specifically as a former monitor but really establishing a separate complimentary um entities and so the monitor will serve as a liazon to the panel as a subject matter expert um current practices it says in the ordinance right now when um there's communic with a complainant that that would be done by the panel that is not a standard or best practice it's usually done by the monitor or the staff um not the volunteers so we changed that um but

[110:02] I think it's important to to have separate entities that work in accord with one another and not um have situations where there could be conflict um with that and so that's why we um we changed it and wanted to be clear about the type of relationship we wanted the Monitor and the panel to have I alluded to this earlier about panel recommendations again this was a a a recommendation specifically from one of our workg group members to to separately delineate what the panel could do as it relates to disposition and essentially we Inc increase the transparency of it so when we talk about disposition we talk about whether or not a complaint should be exonerated um unfounded sustained and so if there's a disagreement or that the panel now can write an objection and that objection can be made public that is towards increasing transparency we heard from community that it wasn't clear enough in the

[111:01] current ordinance that the panel could make recommendations on policy well we made it very clear that they can do that uh uh that they can make recommendations on policies procedures and platic of the police department um and really looking at policy that ensures that it reflects Community value use um and that they are effective and accountable um of police department employees so that that we definitely clarified the other part is discipline recommendations and this this has taken um two parts the panel was always able to make excuse me discipline recommendations prior to the chief um Chief decision but one of the things and I know you've heard this from Community is what happens when there's a disagreement on discipline and so we really had to figure out what the what a possible solution was outside of kind of removing discipline Authority from the chief which is not a best practice which is a rare instance right and so we

[112:00] thought about particularly when you look at one side of it is generally speaking there's agreement on discipline it's rare when there's a disagreement on discipline and I can tell you as a former monitor that I can think of three occurrences out of a lot of discipline hearings that I attend to that I disagreed with the police chief so it is generally rare but when there is a disagreement is generally on a big case too or a big situation and so what we thought about is creating an environment where the panel members that actually reviewed the complaint the investigation sit down with the chief right so we specifically say who can participate in the meeting right who can be present so the panel members that cond that did the review the police chief the chief of staff the sergeant from uh uh Professional Standards unit the monitor and they sit down and they talk about their difference of agreement right and so it's not we Our intention is not so that they could be agreement their intention is to have a conversation and create an environment

[113:01] where they can do that and and come to a point where they can have a meaning of the minds and so we talked about obviously saying where it can have where Our intention was for it to be held in a neutral location um and that it should be held in a reasonable time after a final decision was made and so this was our attempt to um get at the at a compromise of how we can deal with disagreements on discipline the one other thing I want to point out is that we're also talking about serious discipline we're talking about when an officer is looking at termination demotion suspension or transfer that in those instances either the chief or the panel member can ask for an after Action meeting to discuss their disagreement um and um if you guys have heard me say this how big of a deal this is this is a really big deal as a civilian oversight practitioner is giving the panel and the monitor the authority to review critical incidents this is a really big deal this is a

[114:01] fundamental purpose of Civilian oversight of why like it's been created across the country because it's usually from a serious um use of force incident involving a civilian and a police officer and so um we took the definition of critical incidents from the BPD general order so it's consistent and we took the incident the definition of serious B injury from the Colorado criminal code so that again it's consistent so essentially if there's an officer involved shooting the panel and the monitor can review it right now they would need a complaint and I have to tell you someone who's deceased is not going to do a complaint right someone who's seriously injured or incapacitated is not going to do a complaint right someone who may have a charge against them like for example let's say resisting arrest most attorneys are going to tell them not to f a complaint right so it goes against the purpose of oversight for them to need a complaint on a critical incident so we remove that and so now it's automatic as a point of transparency I want to be clear

[115:00] particularly with Community is that we're giving we're asking for the Authority for the panel and the monitor to be able to do this but we have to build the infrastructure for them to be able to do that this is new this is brand new and so again when I alluded to that the work doesn't stop today this is the work that we're going to have to do going forward is building the infrastructure in terms of how the panel and the monitor is going to be able to do this going forward so I just want to be clear about that that this is not automatic it's not like if there's a shooting tomorrow the panel is going to be able to review it the next day it doesn't work that way um there's going to be processes that we're going to have to build to be able to do it but at least they have the clear Authority now in this draft and then the obligations of the chief of police and so so essentially we are asking that the chief um respond to written correspondence um from the panel or the monitor we are asking that if the

[116:01] police department declines to implement a recommendation from the panel that they create a written record and also that it be made available to council the city manager and the public again this is attempt to increase transparency um uh within the system and within the police department additional changes I alluded to this already about the evaluation system that it be evaluated every 5 years to assess its Effectiveness and just to review um to make sure that we are meeting expectations and that we're meeting the outcomes that we want with our oversight structure and then again um codifying the ability for not only the panel but also the monitor to request outside Council and of course this needed to go through legal review and we had to make sure that this language that we drafted was consistent with the charter because obviously the charter has the um Authority here and this language is consistent with the authority so the it will allow the um panel or monitor to

[117:00] request um outside Council through the city attorney's office all right Community feedback so the um very positive Community feedback in terms of the core functions of the panel particularly around recommendations very supportive of the chief of police responding to recommendations from the panel and monitor and also obviously strong support for Community being a part of the selection process in terms of the recommended changes you've heard this of changing the May to sh for the advisory committee we've talked about that pretty significantly the other feedback that we got and and and I'll be honest with you we have sections in there where we talk about reasonable time in our drafts we had put 60 days and then we thought thought well life happens scheduling is difficult what if you don't do the after Action meeting in 60 days are you now going to be in violation of the ordinance those are the types of conversations that we had at a workg group so we thought that it would

[118:01] just be better to leave it a little bit more fluid and to keep reasonable reasonable time but I understand community's Sense on this because they think oh well what if it's 18 months later we had those conversations um but we felt the again having a little bit flexibility was better in the draft than saying to be done within 90 days but that's something that we went back and forth on in the in the work group um there was a recommendation to set a minimum number of community outreach events that the panel hold um I think that's a little bit difficult um I think there should be some flexibility on the panel on how often they hold um community events um a recommendation to um establish specific staff and monetary resources for the panel has been a recommendation um and this is one thing I for the last bullet that I want to point out and speak to directly um I've been doing legislative drafting for a really long time and every once in a while you have um a drafting eror and so this specifically talks about the panel's ability to establish policies procedures and

[119:01] operating procedures it was no way ever the intent for the work group to change that it actually was just put in the wrong section so um we're going to change it to where it should have been in the initial draft this is a non-substantive change um it's just that the exact same language in the current draft was transferred over in the new draft we just put it in the wrong section um and so we want to make that very clear that the panel will be able to establish its bylaws and policies and operating principles um that was just a drafting um formatting error actually next steps and so the panel uh members have been very specific and persistent about requesting a specific training about this ordinance um upon passive Mage and so we will be working with City legal and the monitor to ensure that that happens and then again as I mentioned um the work doesn't stop we still have to develop policies we

[120:01] have to develop policies and procedures around the selection process around the training schedule and creating a library for the panel that they could use at at at at when when needed uh we really want to formalize onboarding to make it consistent um so that it's basically a well oil machine every time we have a new panel member it's the same process every single time I already talked about the backend work that's going to be needing to be done for critical incidents and review of serious bodily injury and then also um and the panel is aware because we've talked about it pretty consistently upon um passage of this we're going to have to cross reference the draft with their current bylaws and their bylaws will need to be updated and so that's something that they are fully aware that um they will need to work on um and again why the work doesn't end today and so I have the pleasure of um introducing and bringing up two work members um that are also current panel members that would like to give their

[121:00] thoughts about the process and their serving if that's okay um so we have one in person and also one online mayor do you have a preference on who you would like to go first um well very happy to hear from them and perhaps uh soly that and inperson person could come up and speak to us and then we'll go to Hadas online okay next thank good evening everyone uh am I sounding okay okay don't want to eat this um okay so and if you can just introduce yourself first my name is solida Diaz I USI her pronounce um and I'm a current panel member from the new appointed panel members this year um and a part of the work group and um we came in new panel members to to to a very interesting right first couple of months let's say that um and and it became very clear that there was a big challenge ahead of us and that we needed to tackle

[122:01] that um and it was important I think uh for the work group to have all the um as diverse input as possible in the work group and I think we achieved that uh having a co-chair in the in the work group having a former panel member having a new incoming panel member myself um actually that's where most conversation happened because you know there's different perceptions and and there's a lot of agreement that comes after a conversation so I think it was it was it was a very rich um couple of months of weekly discussions um I have to say that it was was a very um indepth work uh we will receive emails on Friday to prepare for our Tuesday 2 hourish meeting so we all

[123:02] came prepared to talk the topics that we were going to um to discuss and then we will receive another email that Friday kind of wrapping up the work and preparing for the next week um we came back and forth many times to each of the lines of the ordinance you have before you is not perfect but it is perfect as everything should be uh is so much better than what we have and I think uh this draft uh if approv allow allows us to get back to work which is most of us um are what we can would we want to do we want to go back to work uh we want to kind of address The Next Step the that we have in front of us we need to update um our bylaws we need to create procedures we need to um get that done and also we need to respond to the community as uh

[124:01] volunteers our our primary job is is to respond to the complaints and we haven't been able to do that uh and I think it's important that we didn't so we could focus on this um I I I can honestly say that I couldn't never be in the work group as in involved and as focused as we were if we would have been uh continue working uh with the panel obligation so so you know so I think it was it was the right move at that time um finally I think um I want to thank um everyone involved in the process because uh I can tell you that we I can witness the investment that came into this ordinance and and um the awareness of how important this is for our city uh the awareness that we need to aim for diversity and to bring community members that don't have a voice uh so I'm very

[125:00] very proud of the work we did we didn't lose sight of that at any point um we having a boulder PD representative at the table also um provide us a very good perspective when when we were were having tough conversations um and I and I think that what we accomplish um again we were not aiming for p uh for Perfection but I think um it's a very very good um Next Step um of course we appreciate what we had before and and this is a this is a true um Improvement and we want to get back to work and um there are things that we can fix I think Mell that administrative I guess movement of that misplacement of one phrase um probably there there's going to be more uh probably we're

[126:00] missing a lot probably as we create policies and procedures we're going to learn that oops you know we missed something but we are in a very good place um and we have very smart people we have a new monitor we have great people at the table and I think we can we can move forward and we can um we can do a great job with this ordinance so uh yeah that's my my feedback and thank you thank you all for the support and thank you for for this um discussion too and being part of that and I I'm sorry I should say we did make a very um intentional effort to gather Community feedback before the work group start the work and after after and that was also always in consideration so anyway thank you very much and I think had SI right after me okay thank you well so that thank you so

[127:00] much for that and thank you so much for your service on the panel and on the working group much much appreciated and we may have a question for you we'll see once we get to questions but so don't go anywhere and uh now if we hadasa if we can turn to you please thank you Erin um my name is alavia Loos um I'm a current co-chair and current panelist on the um police oversight panel um I've been on since the Inception so I'm one of the original panelists um and you know as mentioned I was part of the working group um I do I do feel very proud of the work we put together I feel like um as mentioned the group was a very good collaboration of of um all of the different parties um of the community and um I feel like you know there were some things obviously that we came in with a different

[128:00] perspective and um I feel like even through all of those very tough conversations we all um sort of came to a a good consensus um and yeah I mean I I think I'm I'm very excited for this new ordinance I think there there are some great things that we implemented um especially the automatic review so if there is something that does come up for us um we will be able to automatically have this process initiated and not it be so you know clunky and um uh like it would just be an you know an auto PL basically um and would it necessarily involve a moratorium and all these other things that that um we're just a little complicating this time and so um yeah I mean I think with with the movement as Farah mentioned the two you know the two main things is is the the

[129:01] Sha versus May I'm definitely in the Sha Camp um and um you know in in terms of feedback that we heard from community at both of the community events that we had um that was the response as well and so um I think you know personally I feel that way and and my um sense from the community and and hearing from what community had to say was was also the same so I would strongly encourage that change um and the other one was just the relocation of that that statement which we've already taken care of so um you know Asad mentioned I'm sure there will be things that come up in the future uh but we I I feel very hopeful um and encouraged with what we've been able to to put together so thank you um Farah thank you everyone on the working group um especially thank you you know city council and Yura for all the support that we've had so far so thank you well thank you adessa so much for your years

[130:02] of service now on the panel and also for all the great work on the community working group and thanks to all the other working group um members as well so we'll come back to you Farah yes I think it is now time for questions and answers great so Council questions I got juny thank you I do have one or maybe a couple of questions for you Farah that depends as well and maybe getting some feedback from either the working group as well as part of my question you mentioned the city manager appointment of panel members and selection and I went back and look at again it I appreciate or at least my understanding the depolitization of the process but at the same time I feel as though that there's also powers taken away from the panel itself

[131:02] so I wanted you to talk a little bit more about that and what type of feedback did you receive because when you look at the code there's a very different process for appointment and also when you look at 2-1-6 for qualification and appointment it talks about the requirements as well when it comes to the selection and also having a written summary sent to council and then also have it been as part of the consent agenda so I'm wondering it doesn't seem like all this this is still part of the new process so I wanted you to elaborate a little bit more thank you so yeah thank you for the question it I mean it is totally different so all of that that you just mentioned in terms of the um summary to council um is was removed it's not in there um and essentially we changed the whole process um I'm not quite sure about the powers of the panel as it

[132:00] relates to the selection process I I don't know in the current iteration of the draft if they had powers per se in the selection process but but what we did specifically put in the current draft is to include current and former panel members a part of the process that is key because I think it is really important to have them um part particularly part of the interview process part of having them talk to potential panelists so they understand kind of what it is like to serve on a panel um I found that to be very s very successful and helpful in my past experience um so I think that's important we specifically put that in the current draft um so I I I can't sit here and tell you that it's different as it relates to the selection process not different it's totally different we took a lot of what you just mentioned completely out and really reframed the conversation what we did keep in there from the current draft is the the section about uplifting those voices that are most disproportionately

[133:00] impacted by policing and so that um because it was told to us um I can't remember who on the work group that that was an important part there something very important to the task force that created or recommended this ordinance so we wanted to honor that so we kept that language basically the same but really outside of that council member is totally different um and um it it it changes the process from um uh oversight perspective it's it may not be 50/50 but generally speaking when you talk about appointment of pan members it's really done by Council or your chief executive either like you know the mayor if it's a mayor for a government or city manager if it's City Manager for a government it's usually just one of the two so that's so changing it to the city manager is not inconsistent with what we see across the country it's usually one of one of the two thank you for that I really appreciate you saying that that's putting the work in line with what's going on nationally but did you did you get positive feedback with this new model as opposed to the way it was

[134:01] before from either the working group or other people in the community as well you mentioned that the different groups that you have outreached with the NAACP so do you feel that this new model was ticken in with positive positively as opposed to there was more push back back on this new way of this new iteration thank you we didn't really get any push back of changing it from Council to city manager the only push back was the Sha versus May on the advisory committee that was really the is because when we talk about the selection process as a whole we really didn't hear any feedback about the city manager appointment it was really in terms of should there be a requirement of always having an advisory committee that was really the consistent feedback throughout that we got thank thank you um I only have a couple of questions just one quick comment before those questions this is an extraordinary piece of work I I I it's difficulty its complexity I mean

[135:02] this is this is awesome uh Farah you your and your entire committee solidad and hadasa I I haven't seen work product like this maybe ever and it it's you really ought to be commended be very proud of what you've done I I'm uh I am in awe um my questions are actually almost um insubstantial in light of the achievement that you've done but I'm going to ask him anyway um first what's the functional purpose of electing co-chairs as opposed to a chair and a deputy to function when the chair is not available I mean what happens that they disagree well we we kept that the same primarily because it's working and and um the panel liked having like two two co-chairs um and so um I think it's kind of one of those things where that was one of the things that wasn't broken and it was working so we kept it we kept it

[136:00] the same okay uh my my other question is uh the panel can recommend discipline 10 days before the police chief issues a recommendation shouldn't they have 10 days after the police chief makes a recommendation to to make their own so I don't know if it's says recommendation is generally you want the recommendation from the panel to come before the chief makes their final decision okay that so it's probably not recommendation it's probably decision um because that that is really important because if they make the recommendation after decision it's kind of a move point at that point um and so you you definitely want the um and it is written in there that the panel makes a recommendation prior to a final determination by the chief of police on discipline and my last question is um section 211 9f um was a little vague to me it it it permits the panel to issue a recommendation that reflects Community Values there are sometimes disagreements over what reflects Community Values I I

[137:03] I'm not sure it's a um that there's one way of looking at things that everybody would subscribe to um uh so I mean in in in that sense it was a little uh unclear to me what it is that that was being authorized yeah so when I think about that I think about um in particular communities there's been a big push for deescalation um and in terms of um how um police react to certain situations and so I think that potentially could be a community value of Boulder of really implementing and investing in deescalation tactics and so that's kind of the context of what we meant by that um because I think that obviously each Community has its culture and that and its understanding of how they want their Community to be and so those those considerations we would want the panel to take into consideration as their recommending policy so for example um re

[138:03] the community perspective here in Boulder is probably very different than what may be recommended or taken into consideration in Chicago or a or a different city so it's kind of like that recipe um that I've talked about that it's Unique to Boulder and Boulder's values you know I'm I'm so impressed with what you've produced I I'm not going to go any further on on on Community Values okay I I I just want to commend all of you the the working group as well as you this is this is this is rare air um and and I'm very grateful for what you've done I agree with Mark when we look back at the past year or two how how it's been and so this is fantastic so I only have one question about sha versus May okay so there's five alternates so when let's say somebody uh decides

[139:01] that they don't want to be on the panel anymore do you need a a shell for picking the next alternate or are you talking about shell just for when you're like at the last one so I'm going to answer this in two different ways so if you have 11 panel members and let's say one leaves and you have your F five alternates we put in language that because um one of the five alternates can then just be on the panel because they already will technically be appointed they'll be part of so essentially you'll be looking at 16 and not 11 right so they'll just be able to kind of join the panel now what what I think you're getting at is what happens if you get down to one alternate when you get down to one alternate then the city manager has to initiate a selection process process and if you change it to Shell that would include an advisory committee that would be a part of the selection process so that's um that that's really kind of where the shall and may is coming from so that there you

[140:00] don't necessarily you won't necessarily have an advisory committee when you have your five alternates because you you have the alternates right that's what they're there for but it's when the alternates are exhausted um or another situation would be like when you have turnover so like um when we have the three term or the two-year term you may have you know half may turn over if they decide not to renew and at that point you would have a selection process and if you change it to Shell then you would have to have an advisory committee does that kind of clarify it a little bit more yes so what would be the downside of shell um I the downside is we didn't really go because this is the the the difficulty with drafting policies that you kind of don't want to go too in the weeds because you may unintentionally tighten the situation and not have enough flexibility particularly as it relates to students we didn't want to put too much direction as it relates to students because that needs flexibility right because our goal in our conversation because they felt so strong they feel really strongly about students is that um they want to help

[141:02] the monitor develop a pipeline and a relationship with universities and colleges in the area so that they could either you know just come through right and so I don't know if you necessarily need a advisory committee for the selection of students right that I think can be an internal process um but that's a you know a small a small piece of that but essentially we just thought that um we wanted to give just more flexibility to the city manager around this process but it's also why we were so clear about what the advisory committee should be composed of because to me that clearly shows the intent of the drafters like we want there to be in when there's an advisory committee they need to have these characteristics right so that intent to be there can I call a on that Tera do you mind okay great do you mind Bob um so thanks for that so it's as I'm thinking about it seems like the so you'd lose a little bit of flexibility if we changed

[142:01] to Shell and it seems like the potential downside would be maybe a delay in how long an appointment might take is what's occurring we would take some additional time process um but let's say let's say that there there wasn't an alternate available let's say if a student resigned and you have a couple alternates but neither of them are students um if if it took say four to 6 weeks to appoint a new member can the panel continue to function in the meantime oh 100% 100% okay thanks that's really helpful Bob i' really had two questions one um for Farah just to follow up on the discussion we're having about sha versus may it curs me that there may be three scenarios one is is um as you were talking with tarot about the kind of the exhaustion of the um all alternates and when we get down to one or two the city manager room want to replenish that so that would be one kind of scenario the another would be as you mentioned Farah um we might have a batch of people who just come to the end of their term right um and that may be several people at the

[143:01] same time and then the third you mentioned also with in your exchange with Aaron about students and and and we I think we anticipate obviously they can have shorter terms but also there just maybe more turnover with students so I I assume that it's it's possible I know we'll have a discussion after the public hearing about this as well uh that we could um craft the language such that there may be um sha language with respect to some of those types of appointments and may with respect to others so in other words we we could say may with respect to students because we just anticipate more turnover but maybe shall with respect to end of the term which there'll be a big batch of people coming on board and maybe the city manager really does want to consult with the advisory uh committee on that is that I assume that be consistent with the conversations within the work group yeah okay that's great that's great that's kind of what I thought maybe we can think about it in those three buckets as we go forward here then um Sol dad you mind if I ask you a question so first I want to just thank you for just diving right in I know we just appointed you a few months ago and

[144:01] and suddenly you're redrafting the whole thing may maybe those fresh eyes were really good so thanks so um just you You' mentioned a couple times when in your testimony um a desire to get back to work which I really really appreciate one of the decisions after we make whatever changes or amendments um tonight we'll have the council will just have a procedural kind of question so I wanted to kind of pose it to you and get your personal preference I know you can't speak for the whole panel um our choices would be to either pass the ordinance with some maybe some amendments on emergency tonight so we' go into immediate effect um and in which case because the moratorium is scheduled to expire tomorrow um you guys could get back to work next week with a fresh new um uh ordinance so that would be kind of option one option two is if we um uh didn't want to pass on emergency we could make the Amendments tonight pack pass on second reading which means we'd have to come back in two weeks or so to pass it on third reading which would probably pretty non-dramatic event but we would just have to have the passage of time in which case we would need to

[145:00] do a separate emergency um uh uh motion tonight to extend the moratorium because otherwise will you guys will be kind of hanging out there in the wind with the moratorium gone but no ordinance to operate under do you have a personal preference about whether to pass it on emergency tonight and and and then get back to work next week or or would you like us to not pass it on emergency pass it on emergency maybe in a couple weeks and extend the moratorium okay so I want to be super clear that I'm answering your question just you yeah as of my personal preference um because also just want to be clear that oversight keeps happening H our new police monitor is working um complaints keep coming coming and they are not going and attend it but I really want to be part of them we the community I think uh the panel we want to be part of them um and my personal preference will be to pass um if if you

[146:03] one will pass uh the ordinance tonight so we can get to work I think uh there's there's work to be done in many many fronts and considering the Amendments that we have talked about um I and again for me personally it's important to get back to work and actually to be honest to start working because we didn't get to work that much so um yeah that would be my preference great I know you only speak for yourself so but I'd really appreciate hearing your opinion okay thank you thank you yeah that's very helpful thanks for that question uh seeing no other question oh got Lauren here with one I always like to sneak in one last question um so I guess I had a question about students and what would happen when they graduate because we have sort of different term limits for students versus other community members would it be under this current

[147:03] or under the new ordinance that they would be able to do two years as students and then four years as community members or do they how do you see that working so the the limitation on the students is 2 years so if they graduated and they you know are in the Boulder Community and wanted to apply as being a panel member non-student panel member they would be able to do that thank you all right oh here's another one Nicole this one's a question for nura um I just want to make sure that I understand your response to um the hotline on the second point of potentially checking in a little bit sooner than 5 years um just because this this work is all still really new um and if I'm understanding we could basically if we were to pass this tonight uh we could then see about a KN of five maybe

[148:00] to you know come back to us in two and a half or three years um with an update is that am I understanding that right um council member you are understanding that right and whether it's 2 years or whether it's 18 months or whether it's 3 years certainly that is direction that Council can give me about coming back um and we have proferred as you have your discussion today at a suggestion about coming back a little earlier um that at least in speaking to the team that two years was deemed perhaps too quick um and that if that were a direction to go then perhaps a longer period of time but then there's ALS and you can do that in the ordinance by saying in the effective date and then 5 years afterwards or you can also just give that direction and we are very happy to heat it can I kind of cqu on that a little bit Nicole you don't mind yeah um sort of following on that and and Farah made the comment of there's a lot of process to still put in place and so I guess maybe my question

[149:01] is when we would start the clock more or less on having kind of like all like all the wheels turning right like everything in place where the panel feels like all right we got all our ducks in a row we've got all our our resources and then start the clock on wi review I would just be worried that if we start that clock and we're doing a review and some things are still not even in place and are we really reviewing the holistic uh nature of things so I just want to be I'm just sort of curious in terms of timing like with those things that that you and the um uh working group have sort of identified still need to be done do you think this is like six months is it is it a year worth of still dotting the eyes crossing the teas getting those extra pieces I'm just sort of curious when when would we want to start the clock of of sort of when review when we'd want to then have review follow that I think it's at least a year it's probably more like a year and a half okay okay thank you okay see no other questions we can go to the public hearing uh we've got four people signed

[150:00] up to speak all of you are in person each of you will get three minutes to address the topic our first three speakers are Daniel Leonard Darren oconor and Chris Al red Daniel hey folks I'm Daniel Leonard a founding member of the police oversight panel and its longest serving co-chair for two years I want to thank Tara and Nicole for discussing the ordinance with me and the feedback that I gave and I reiterate I am a phone call away for all of you should you want to discuss this and seeking my own counsel I was encouraged to share my personal experience tonight serving as co-chair has been challenging while there's been a long line of individuals ready to say how the work should be done it's a very short line ready to do the work I've been colorfully labeled naive fascist woke criminal duped a dirty liberal while making progress in protecting oversight in our community I've taken the devastated and infuriated late night calls I've defended oversight in the

[151:00] media and stood up to the Skeptics I've subbed in for panelists and city employees to fill the resource gaps I've reviewed numerous cases of police misconduct personally I've shown up after the challenges of my day job faced significant life challenges and lost family members along the way I experienced frequent marginalization as a queer man in this work I spent a fair amount of time just trying to deal with my own emotional and mental strain as co-chair I stepped up and stuck it out through two departures six resignations and a removal of the panelists through all three monitors in the many City staff transitions I have worked most evenings and weekends and at the center of our problems trying to implement this ordinance so I believe I bring the experience to fairly judge tonight's rewrite of the law we did not achieve the promised opportunities for feedback in this process there was no feedback sessions with the working group before the final draft and the panel got the draft just hours before our public hearing leaving over 20 pages of feedback including my own unconsidered

[152:02] by the working group and in your packets I'm told I shouldn't expect more support from the city than the bo other boards and commissions get but we are in oversight panel and the city and the law expect significantly more from us than those other bodies I'm I don't understand the limited demands of City resources but my feedback is primarily how to simplify and and create efficiencies in this process meanwhile with this new law you would expand the panel's duties and responsibilities if we legally bind community volunteers to these expectations we have to commit the necessary City support to meet those expectations in the same law after three years of dedicated service I'm here with three minutes during public comment trying to to be heard as you've heard this is brilliant and exceptional work but this process isn't finished what are we hoping to achieve if we have to avoid my experience and my commitment to the community interest in order to achieve it I urge you to slow the rush to the

[153:01] Finish Line allow the working group to consider the remaining feedback and complete this ordinance in good faith thank you thank you Daniel and thank you for your service on the panel greatly appreciate that now we have Darren OK Conor Chris already ly seel hello again I find it a bit troubling to hear Daniel's experience I appreciate the work Farah and her team did but I think we need to remember that the intent of this is to include the voices of community of excluded communities um that have not been involved in police oversight before the very first aim of the of the police oversight panel after Zade Atkinson a black man was held at gunpoint by an officer and then surrounded by nine officers was to make sure that never

[154:00] happens again and what we're doing here tonight probably won't affect that um they do include some good things uh the ability to investigate critical incidents thank you for that um and to challenge the chief's final decision in person that's great but there's still no appeals process the chief still makes the final decision no matter how upset people are on the panel Pop members also no longer have the duty to develop criteria by which to evaluate the police monitor and there's no requirement that they evaluate the police monitor thus eliminating a checks and balances that's very important you know I I don't know our current police monitor I was really un unimpressed with the previous one um I think police oversight includes watching each other the monitor working with uh the oversight panel and vice versa and evaluating um the original selection process was not broken the language

[155:00] about real or perceived bias was I'm I'm glad that that's been fixed with the language about the ability to be objective and transparent fantastic but the ceria now includes that a potential pop member may as a not a requirement but it's desired that they may value Equity diversity and inclusion and uh I think we have a lot of shv mays tonight and kind of sounds like plaintiffs in a in a lawsuit but shv may is very very important I think we the members of the panel should have to Value diversity equity and inclusion going back to the legislative intent um it's it's just wrong to me that that uh the city manager now does The Selection you know I think a lot of Nara even though we're very uh much in disagreement on other issues tonight uh

[156:03] but it again it was the intent from the beginning that the community be involved you know I was on the first selection panel another member of our uh NAACP was on a selection panel it it worked the problem was the Criterion and how we all interpreted it um last last thing changes in the ordinance presented tonight terminate 2711 DD and E taking away the possibility to access police data and to look for trends that can identify bad officers or bad behavior I think that's a mistake thanks for the extra time yep okay now chrisal red and ly seel good evening good evening Council Chris aled with Rocky Mountain peace and Justice

[157:00] Center thank you for the opportunity to speak tonight thank you for the presentation and thank you to everyone on the police oversight panel who has done this very difficult job with with a lot of pressure and I'm here in solidarity tonight with Darren o'conor I would like to thank him very much for helping me to understand this I think he's done a lot of hard work through the years and understands the issue very well as a representative of NAACP and I and I also thank the representatives from the panel who spoke tonight and I am concerned to hear about Daniel's experience about the the pressures of of this panel and and I think that what I'm hearing is that this needs more time for Community engagement and there we need to be hearing more

[158:01] voices to for feedback on this so that would be my main recommendation is that to take more time for feedback on this because it cannot be a rushed process I do remember when Zade Atkinson was held at gun point for picking up trash outside of his own apartment and I remember when Sammy Lawrence was assaulted by an officer physically assaulted tackled for filming uh an arrest of a homeless encampment he he was fully within his rights to do so and he was being respectful to the officer to add to that so we do need to remember the origin of this police oversight panel I believe it was it did have an origin with being led by the community so I am concerned about it being changed the appointment process being changed to one

[159:01] person I think that it is very important that that language include shall form an advisory committee because originally two nonprofit groups were involved in the appointment process that included NAACP and El Centro Amistad I think we need to keep that Foundation intact to include the the community in the election process and I think that provides transparency as well in the appointment process for to have more voices involved and and a couple other comments I'd like to Echo that Darren mentioned I think that the police oversight panel does need to have access to police data to track trends of bad behavior and I think that well I I think we need more time to review this thank you very much thank you Chris Lyn seagull you're our last

[160:11] speaker the first thing that I don't really understand about this and excuse me for my ignorance is how Lisa Sweeney Moran could be removed um for having a bias because everyone has a bias about everything that when it comes down to it where you know it it's just impossible to prove Beyond a reasonable doubt that someone has a bias or doesn't have a bias one way or another um I I I agree with Daren I agree with Chris and I wonder if we couldn't have if there's things noria that are that are just not understood between people the N NAACP doesn't understand or agree

[161:02] with with Redfern Etc then let's have a community discussion too that that will inform the greater bodies that are working on this and take the time to do that um not that phah hasn't done a great job and everyone you know on this and I I want the police too but I I was really upset about you know the elk being shot the elk being shot and Stan being threatened the prosecutor being threatened after after he was sentenced there's a big problem in our community if we have that it's a big problem that goes everywhere and went straight to George Floyd so let's take the time and and do what needs to be

[162:03] done and with the community intimately involved in understanding call me an eternal optimist thank you Lyn does anybody have any follow-up questions from public comment yep [Music] juny and I've got one question thank you I just have a quick question for Farah for clarification um Can the panel get access to data whether through the monitor or some other way just some clarification please thank you so that's currently in the draft to 11-16 it's actually section A it's the exact same language it's in the current draft that they should have access to BBD policies and any data captured or maintained by the department the other thing I want to add to that is that we took it a step further in terms of saying that the

[163:00] panel can make it um furnish additional reports and be made available that include patterns relating to complaints and other related matters that may come from the panel's review of police department policies procedures and other pertinent data analysis so my perspective is we actually took it a step further for what the panel will be able to do in terms of data analysis um and Reporting on police procedures and policies my question would be for for Daniel um really with regards I appreciate coming up to respond um for one thanks for your service and your long tenure on on the police oversight panel and you know you and and a couple others have sort of said mentioned that we would you would request more time and I know that we're also up against that tomorrow's dead line sort of comes up and so I just wanted to kind of ask how would you reconcile those issues of the moratorium kind of ending tomorrow but then needing more time and so I'm just sort of wondering how much time and then what would you suggest we do in the interim with that that stoppage sort of

[164:01] terminating tomorrow totally and that's something um actually the co-chairs have been talking with Aaron about this as well uh about the customary 30-day delay before an ordinance goes into effect too to give us time to to develop those policies and procedures one of the things under the new ordinance that we're discussing as well is the little hiccup that in order to resume business actually the moratorium would not allow us to resume business we would need to get an exemption from the city manager to um on our current on the required training in order to do any voting so to conduct any business as a panel or else we need to provide that training um which can take as much as one to three months to get a time that works for all the panel members and so there's that time lag as well and so all around you know for a resuming panel business it's um we want to get back to work as soon as possible uh but we also have to be able to get back to work with confidence and you know with with an alignment the law so my my preference and as I talked with Nicole you know really we have till November 2nd there are two weeks here in front of us where we could take the time

[165:01] to consider this final feedback to look through it make sure we've checked for any other administrative errors any other uh efficiencies that we could build into this process U with with the eyes that have worked through this ordinance uh and so you know honestly my reference would be to take that time let the working group look at the feedback if I'm wrong I'm wrong you know tell us cons at least consider what we're putting in these packets here uh and take the time pass it November 2nd and then yeah we have the conversation with Aaron we have the conversation with Niara to say what that on-ramp to getting the panel business back uh back to work is and part of that too A lot of the panel you know like Sol do said right we never got into our rhythm with the new panelist as well and so we need to make sure we're taking the time time to check the boxes on training uh policies uh to get the work going yeah so I appreciate that and sort of what I'm hearing is you know a couple weeks is is is sufficient at least is from your perspective to sort of provide and feel like that input's been heard

[166:01] but in the meantime we have to figure out how do we uh make sure that as a panel you're in compliance after tomorrow um and so that really comes down to two process things which is do we pass this whole thing on emergency tonight stick with a regular schedule but have to do an emergency on an extension of the moratorium to keep everybody clean from um complaints um and and then get us back on track and so I'm just trying to understand a way to have our cake and eat it uh in that sense exactly and I think part of it too is to so if we did um move it to that that additional reading for November 2nd you know I think the preference um as hadasa actually communicated with Nan legal is that the preference would actually be to extend that moratorium so we wouldn't go back to business under the World ordinance CU chaos you know we would go ahead and extend that moratorium until either the Emer emergency passage or until the the law goes in effect after those 30 days okay okay I appreciate it thanks for that's my understanding I mean Aaron is the

[167:00] yeah yeah we'll probably get to some of those nuts and bolts but but I appreciate you clarifying that that that perspective and and where your input is on that thanks D absolutely thanks I had the question but Nicole could you go ahead really for um so I think this is probably question more for Farah nura working group um is there time within the next two weeks for the working group to come together to have a discussion about some of this feedback to respond all of that exite two two weeks is not very much time so just wondering it's it's not a lot of time um and I can't speak for their you know for their schedule so when we met as a working group I met with them individually I gave gave them a schedule for the whole summer so they could plan in advance and so I can't speak for what their Tuesdays or you know what I mean are going to be for the next um two weeks the one thing I I I do feel that there might be some um pressure on the current panel to have current panel

[168:03] members to have a lot of this baked um and it's just not the process right like it's going to take some time like the training requirements that we put in this current draft particularly it we put in training requirements about what they need to do prior to them taking their first vote that doesn't necessarily apply to the current panel members because they've taken plenty of votes that would apply to panel members who get appointed after this potentially passes right so it's a new appointees um and so we've already been talking about training um in terms of other areas um has always been a conversation with the panel because we really needed to formalize it and get a schedule together so that has always been an ongoing conversation but developing policies that takes time um and so it this is going to be a work a work in progress for a while um and so I I want to alleviate any sort of pressure the panel

[169:01] maybe feeling that oh gosh we have to bake this really quickly no you don't we're we're giving you a more concrete foundation with this draft but we're still going to have to work it through in terms of How It's implemented collectively and that's going to take time yeah can go to Teresa yes uh legal review is also a consideration in that and so two weeks is a pretty quick turnaround to get feedback draft new things and then expect legal to review to make sure that those that that new language reflects the intent um and and so you know I I know Erin will dutifully work day and night um but I I request that we that we think about the timeline a little more than that yes both of us will work day [Laughter] night I do have a question I think from

[170:00] what I'm hearing as well um I appreciate the tight rope that Farah's trying to walk through as um uh Daniel the co-chair has bring this forward and and I can understand that but Daniel my question to you since you came before us are you speaking for yourself as one individual or are you speaking on behalf of the entire working group in the panel so I think that's very different I mean I understand you may want us to have the extra time you the expert you one of the experts as well but do you speak on behalf of the entire group yeah I do not speak for the trees uh I don't speak for the working group uh I wasn't a part of the working group I wasn't able to join the working group uh and I do speak for myself as co-chair like I like I said it's it's kind of a lonely place up here um and I'm trying to act in best interest of the panel because a lot of these are experiences Joey left you know Ariel and

[171:02] Taisha finished their terms panels panelists resigned these these problems uh many of these problems are ones that I've I've I've experienced I'm the last one here to have experienced them the last one here to not resign from having experienced them and so I do speak for myself but I speak for the bigger picture of of being able to do this work um you know we didn't we didn't issue a moratorium lightly we we did it because we had to we did it because we didn't have the support to continue um and and uh if if you read my feedback you'll see that the the issue was I raised before and after the working group weren't addressed on how that moratorium came about yeah thank you for that so i' uh um I think no I think we're good okay so thank you for all those those followup questions and so I'll turn back to

[172:02] council now and I think maybe we can address issues that have been raised kind of one at a time I've got three that I'm thinking of one is the May versus sh and the community engagement with EXC oh yes mayor I'm sorry um before I believe there's somebody else who wanted to say something is that what I'm hearing Martha from the work group oh is Marth Martha did you want to speak address us I apologize if that's is that right I thought I was gonna get a question sorry Martha I don't I don't want to could you introduce yourself please oh um yes Martha Wilson um I am a former panelist but I was also on the work group um part of the writing team um I I want to say that I'm one of those people who just likes feedback from everybody um I think that there were many opportunities for people to come forward to provide that feedback um unless I hallucinated I was sitting

[173:02] right next to Daniel during one of the community feedback sessions so I'm a little bit um shocked to hear that it it expressed like there was an opportunity for those things um I do think that this um may be problematic um timing wise to delay it um only because I in addition to work in addition to my volunteering I am sitting in the trial um for what's going on um in Aurora as people are standing up to fight this very thing um with police brutality um so I don't know that I can endure that trauma and then come in and talk about a work group with things that

[174:01] have been um thought out discussed there's been opportunity to talk I think that this the way that it's done now is solid enough that I'm kind of sad that I'm not on the panel anymore to um run with it and take it to the next level and take it um to dot the eyes and um cross the teas with it in the bylaws um but I just wanted to just reemphasize that you know we our door is open um it it was open from the point in time when this was released um and there was a similar um time frame with the introduction of the first one um you know not not all feedback is you know we can't get everybody to agree um but I do think

[175:00] that this particular version is solid enough that the things that are in you know the sections of edits can be tweaked um with just a little bit of careful um review so that was it but um I just wanted to reemphasize that like we the work group it was it was passion debate at times um but you know th those uh the middle ground I think is always going to be the the path that represents the entire community so that um you know that voice can carry over so that we can hit those elements of accountability responsibility and ultimately prevention so that that was my thought thanks for that Martha and um I just just really maybe quickly give if

[176:00] Adas or solat had any other followup quick thoughts but and we should move on to discussion um thank you so much for that yeah I'm so uh when we start discussing the the the um who was going to be part of the work group um it was initially it was the two co-chairs that were part of the work group and we raised the concern that um we got to this point we were a number of new panelists and we didn't have a voice and I took that place so I I I took that um call out if you want because I took Daniel's place in the work group um and as Martha said we had several opportunities to provide

[177:00] feedback we we had um and also I think Farah made herself available to long long conversations via phone in person via Zoom to go over and review things so if you think that we met on Tuesday and okay see you next Tuesday there were phone calls probably every single day with every single one of us and members of the panel so [Music] um I'm puzzled a little bit because I think the opportunities were there and in all honesty like I feel that my voice as a person person of color as an immigrant was very important I think my voice is not my own voice I don't ever think that I speak for people but I I do have um I think I bring something to the table that other people don't and it was

[178:03] true I think in the work group so we can't think that one voice is more valuable than other um and I and I I feel personally touched because I took Daniel's place and and I think my voice was important as a new panelist and and because of my identity and because of the work that I have been doing in the community for the last several so for the last five years that I've been living in Boulder so um yeah and I agree with Mar I think we have a very solid foundation here so yeah just want to thank you for the opportunity to say that thank you so then and I don't know Adas if you wanted to say something no requirement yes all I wanted to um mention was um it was part of my requests um that when the vote happens tonight if it

[179:01] is a you know yes approve ordinance awesome if it's a no then it's a no and an extension of moratorium um I would not want to see us choose to delay that vote and also and just leave it hanging like has been mentioned so um that is a very strong feeling that I have if if we're saying no then that should also require that we are extending the moratorium um my initial request thank you thanks for that and you know I am going to ask one last follow-up question before we go to discussion which was about um Daniel mentioned about not always having the resources the panel didn't always have access to the resources necessary to conduct the work there was a consideration that what what do we have to make sure that the the panel has what it needs to to do its work um you know mayor thank you for that question and I think that we will continue to work with the panel to see what is needed as we move forward I

[180:01] think that we have had some staff tumor on the um administ administrative side um as we move forward but we have always tried to have somebody there to support I it's hard for me to speak to to uh when the panel first started and how that worked we have had we have heard and had conversations about additional training we've provided some of that training some of it with legal some of it while Farah has been here um we will continue to work with our new uh monitor Sherry to see what that looks like and as we have needs and um and whether or those contain Financial resource needs in the future we will bring that through the budget process uh and if there are other ways that we can support the panel with um uh either if there is additional Personnel or additional Staffing Resources we expect to hear that through the monitor so that we can continue to support like we would with any of our other boards and commissions as we move

[181:01] forward great but we do have an organizational commitment to ensure that can do its work AB absolutely I'm sorry and if that was part of that question let me stand before you and say we we support the work of over side I believe it is a critically important work in what we do and when we perhaps may not if somebody were to be on vacation and needed to do it we have a full component of administrative staff and CMO who is there to help we've actually changed our structure so administratively we can support that as we move forward but we will find as we um continue to move forward um ways in which we continue to lift up and provide um training and resources and answers and legal support um to whatever as we move forward great thanks for that okay so uh if I can now I don't think I formally closed the public hearing so I'll close the public hearing um and then come back to council and as I mentioned I I wanted to have specific items that I think we need to discuss so I'm going to mention three

[182:01] that I have heard one is about the May versus sh on the community involvement in the appointment process uh one is about uh what potentially coming back to this sooner than 5 years and whether we do that in ordinance or in Direction and the other one is um the exact timing in terms of Are We passing something tonight uh are we waiting a little bit or or what are we doing with the moratorium Etc does anybody else have any other buckets that they would like to be included in our discussions seeing none oh yeah Lauren um I thought the point about the panel member qualifications and having the value of equity diversity and inclusion as a May is maybe we could find a way to have that be more closer to a shall than a May okay we shall discuss whether to make that a shell can I have a quick qu cqu question about that well we'll get to it how about so that's now on our list and then we'll get to it and

[183:00] because I'm thinking um we'll start with the uh public engagement May versus shell um then the the timing and then that question then what we're doing tonight so if that works for folks then let's start with the May versus shell on the public engagement in the appointment process yep Mar I'm going to make a general comment that incorporates uh that um the um the work group and our consultant looked at that they they came to a conclusion I I I know it is always our bent to micromanage these these kinds of statutes and I would encourage us to simply move forward on emergency pass this statute and if there's any portion of it that proves not to be workable or not to be working well it's within our discretion to fix it on whatever schedule we deem appropriate but the the

[184:00] work product that has been delivered to us I just think ought to be taken as a whole um without our uh ingenious tinkering and and and let them go do their work um and as I said if any portion of it doesn't pan out if it turns out we must have um shall instead of may we can make that decision later um but I I I just don't think this is the appropriate moment for us to be tinkering with language in that fashion I I I think we have a great Statute in front of us I want to honor the work that was done by the working group and our consultant and you know for us to be sitting here and tinkering with the verbiage just just doesn't make any sense to me thanks for that Mark I might turn to Lauren because Lauren you said you brought this up via hotline originally so did you want to speak to it sure I mean I think community members

[185:02] have already done a really good job of speaking towards this but I um you know I I think that community and having control in some form for this panel lie within the community is really important this was formed from um Community outrage at particular event a particular event and I think that um maintaining that power in this ordinance is important very good other thoughts Nicole Matt yeah um one of the things you know that I was noticing Bob brought up the idea of having the May refer to students and Farah it seemed like that was kind of exactly in line with what the working group had um had put forward whereas the shell was really more meant to be about the more than onee student

[186:00] appointments and so um just want to offer maybe if we're thinking about doing this tonight that we take that approach because I think it was it seems like it meets the what the working group was um talking about in the discussions and um also fits with the uh some of what we've heard from um I think actually both both both co-chairs and hadasa who was on the um the working group as well so maybe that's a a middle point thanks mat Nicole went right where I was going to go was is just finding that middle ground um I think the Sha is maybe most critical and we're dealing with new panel members um and I think the May is that flexibility either when it's some weird off cycle resignation and we're kind of caught in a pickle where um you know maybe we don't need the that and candidly talking to n that maybe n speak for herself but I can't see our city manager just uh not embarking on this process whenever and however possible in the maximum efficacy so um so I have

[187:03] faith in our city manager to be including Community quite ubiquitously um in on that front so I think a hybrid approach to the extent that Bob and Nicole are are are discussing I think is quite relevant and probably a good way to go great I'll I'll call on myself if I may just say I'm interested in in this change and then I'll go to you Rachel I'm interested in this change and I think Mark you made a good point at this think this is an extraordinary body of work together um but I also heard that the the panel went back and forth on this and so there's some differences of opinion and it can work in different ways so I this idea of the kind of Middle Ground appeals to me um so after I hear from Rachel I might straw poll whether people are are willing to take that approach Rachel yeah I just had a middle round question maybe for Nua or Farah what I understood maybe was the concern with shell is that we would have to um convene a panel you know maybe more than once in a year or at at Super

[188:00] frequent intervals that might be difficult to manage so is there some some temporal shell we could put in there like that we will you shell um and panel not more than once every X whatever the right time is I don't know if that can even be heard or if I didn't make sense oh trust me it could be heard on here but that's cuz our audio today is a little off nothing to do with you um and maybe I'll take a crack at it to make sure I understand it correctly and and Farah can correct me if I'm wrong um I don't know other than a case in which we have uh end of term and and there would be a big turnover of um panel members uh that it would sort of be a moment in time temporal Trigg uh sort of point in time to do that I'm trying not to use a word trigger uh myself in in how I speak in general um I do think that when we have

[189:01] vacancies come up unlike perhaps other boards and commissions we will have a sizable pool of alternates by which to slot folks in um and it is only when we are down to um one that we start again in the process so that is not barring uh wholesale walking off and resignations we are not anticipating that happening uh so the only temporal place I can think of it is um well I guess it's twofold it is for the entire panel it is when their terms end and there is a moment in time where that has to be thought up U more broadly and then I will say and and that is the case with students and I think it was the reason the working group I think wanted to give them the manager some more flexibility because students could either given their workload or their schedule they could just turn over more frequently that's all am I right in that you are right and I can give another example about flexibility so for example when I did the um the search in Austin we had like over 70

[190:01] applications um for 10 spots so I used the other 60 for my pool so when I had a vacancy I went back to the pool but they still had to through the vetting and interviewing process but I didn't use my I had a a blind review panel I didn't use them because they had already done that part so when I needed new panelists I was just able to go back to the pool and then make a recommendation of who I thought should be interviewed and they were interviewed which was a panel of community uh the police department um City management before they were recommended to the city manager for appointment so you know so essentially where that flexibility comes in is that if you have a pool pool that you can go back to do you need an advisory committee to review that pool or can the city manager just you know through the whatever process he or she creates you know come up with a few people to interview have an interview panel and then that you know can then be

[191:01] recommended for you know appointment so there's a lot of this is a lot of ways this can go this is why policies need to be drafted um but I do think Rachel's Point might be difficult to draft I think that might put us in a pickle in terms of How It's interpreted down the road um but I think it's the will of council the hybrid approach is probably a cleaner way to draft it because we could have a section that's you know about students and you know Clearly say the city manager shall have you know flexibility and appointment you know students and that and then we just changed the m to the shell and this should be appoint this will apply to non-student appointments on the panel right and so I think there's a way to clean that up I'm just a little worried about making it too convoluted because then that causes issues down the road um so I would I would highly recommend a cleaner approach if that's the will of the council okay thanks thanks so then maybe I can straw pole um so Farah just suggested this kind of middle path in terms of change May to shall but have a

[192:01] different language around student appointments for more flexibility how many people are interested in in taking that approach all right we got a we got a clear majority and so that what might ask is uh while we're continuing our discussion maybe somebody could come up with proposed language to accomplish that um for when we get to potential motion later on great um next next question is about coming back to this sooner than five years and then here I just might straw poll is their interest in having um us uh in revisit this in some way sooner than five years I want to discuss that first well just at all whether that's through an ordinance or do you want to make a comment Matt first before I yeah I mean I think as we heard from Farah we're not going to be running at full capacity at least for 18 months from when we passed this so I just I I don't want to bake that into

[193:00] ordinance and then even then you go 18 months and then you add three years you're right you're you're sneaking up on five years just right up onto itself and so I I think we're kind of we're trimming seconds here in quarter orbits around the Sun so I I I think we I I think we can avoid it and and I mean it's 3654 in a quarter and we get the four years leap year thing like so let's not let's not play that game too much so I think the five makes total sense and stick with it lots of comments now you got yeah Mar Bob and if circumstances change we we it they change and we we adapt and and you know take a look at it in four and a quarter years but there you know trying to draft around that now to me makes no sense yeah I'm going to agree with um Matt and Mark I I I I think I mean and we can't really bind future councils anyway I I think it's it's either going to be working or it's not and if it's not working it's going to be pretty obvious to all of us um and the panel um and the monitor are going to come back

[194:00] to the city manager and to us and say you know in two years three years five four years or they may come back in five years and say don't don't screw with it it's going just fine so I'm not sure I'd hardwire a a um drop dead date um if it's if it's not working a year and a half from now we're going to modify it and if it's working great 5 years from now we're not going to modify it okay ter I think we should do it sooner than five years because in the world of unintended consequences my favorite subject uh you don't there's not a world where we're going to have a perfect ordinance and you can't tell I.E the last few years or the last year was when something is going to happen happens I think baking it in is better in my opinion for that reason that we will not be under pressure to have a perfect ordinance because it's important for me that we do this before the new Council right so if we say well if we look at it sooner then

[195:00] it'll just be uh better and less pressure Lauren and then a suggestion yeah I agree with Tara I think that um there especially as we start to implement some new things it might become apparent right away that that there are things that need to be changed it's possible um and I think that we should be open to that and making changes quickly if the need arises um I don't have a timeline for it but I I guess maybe that's so perhaps it's not part of the ordinance but perhaps part of of um procedure so I have a suggestion then I'll go Rachel I'll go to you the my suggestion is that hearing some disagreement on this that maybe we consider Direction rather than an ordinance change um and maybe that's something we could generally agree on is is is to give direction to to look at it sooner than 5 years as appropriate

[196:02] something to that extent so that's my suggestion I'll go to Rachel and then check in with people but just this is a question I guess for Teresa like in general if there was an issue Would we not be brought a request for a change at whatever point it came up absolutely so I I I think Rachel what I'm understanding your question to mean is like if um if the panel members or city staff was noticing the need for a change couldn't we bring that to council without Council having requested it is that your question and wouldn't you wouldn't you generally do that absolutely in fact that is part of how we got here that's what I'm thinking too well said Teresa well said so I guess back to eron I she's I'm just yeah I'm not gonna be in your chair so it like uh

[197:01] but um you know if we do it at three years it's going to be another probably heated election year that yall are looking at it and you know if it are we going to wait 2 years Beyond when we recognize that something needs to be done I don't I don't think so I think we should just give direction like can staff please you know as soon as they know something bring it to us so we can change it uh quickly and not not let things things build because I think we knew a bit in advance that this one was sort of starting to boil and and we didn't take it quick enough just say give direction to uh make sure to to bring this ASAP when we know that things and and not wait for to accumulate multiple things that need to be changed but feel free to bring it quickly Nicole and it seems to me like um one of the things that we're all interested in uh and probably the community too is what all these the internal policies the

[198:00] trainings all those kinds of things are and and I think I I don't think that we need to um kind of bake anything into the ordinance but um I think there is a desire Among Us and probably the community too to just hear how things are going like what what does it look like and so that's that is the kind of thing that I would like to see coming back and um I mean if you know 18 months for really give it two years right a little bit of extra time so you know maybe three years whatever council is there um you know bring it back have a conversation um about how it's working what is it that kind of thing an update of sorts and if I can just cqu with that because I think I think there is a value to having us app point where uh someone takes a step back and says you know let's look at it how's it been going like are we thinking are we suggesting maybe a couple changes obviously if something's broken you're going to come back to us right but I think there is a potential value to at some point saying hey you know what let's let's take a a couple weeks and and evaluate it a little bit more so to your point I mean

[199:01] that's something like that nura were you going to say something well I I was just reminded that the independent Police monitor also provides an annual update on their work and that is another area where we can just include how this is working cuz it's going to be part of that so there will be additional opportunities for reporting okay so are are we comfortable then saying just giving direction to say please come back to us if things are broken and please do include a check-in sooner than five years kind of on how things are working is that good enough for folks okay very good um the other one uh Lauren you brought up I believe I'm going to zero in on this if I may this is in 211 12 panel members qualifications and disqualifications in section A says the city manager sh shall consider the following qualifications when appointing members and there's seven of them and then B says panel member qualifications may include and number one is value Equity diversity and inclusion so did you want to make a

[200:01] potential change proposal change I mean I guess it seems like a simple thing might be to Move It from the portion under B to the portion under a and make it a requirement instead of a shall how do you all feel about that can I ask can I why why was it may in the first place um I I don't really remember why we put it es made to be quite honest with you um I think that they wanted that including right and so um to make sure that it was included I to discuss that's why we you see that as added language because it wasn't there before um and there are other parts um in it where where you talk about section process we talk about is

[201:01] Guided by the principles of inclusion and transparency so it is kind of a theme throughout the the documents and throughout our recommendations so I this is not a okay um yes juny that's great if you decide to change it to Shell and number four says members serving on panels are not required to be US citizen maybe you might want to decouple decouple that number four because I'm thinking yes you can go out there and try and Define people who are not US citizen but when it becomes a requirement that you go out there and find people who are US citizen not US citizen I think it kind of distort what you're trying to do here if that makes sense yeah our point for including that is that we wanted an affirmative statement to the public to let them know you did not have to be a citizen to serve on this okay we wanted

[202:00] an affirmative statement saying that because I think there could be Assumption of the other other way that you need to be you know a citizen to serve on a panel like this and so the work group one is something that CLE say you do not have to so we we would not disqualify if somebody was not a US citizen so it's not saying you're not saying that in order to be a you must have a p because what I'm when it becomes a Shaw what you're saying is that you must have a panel member who are not a US citizen this is under May what council is talking isue of inclusion right under shell and so the remaining would still be oh sorry sorry the remaining would still be May okay thank you that's exactly what I was I'm sorry do that do I did I represent that correctly okay yes yep and you know we are getting some feedback so folks can generally keep their microphones off when they're not speaking but also turn them on when you are speaking it's like a that's right um so then I'll straw

[203:00] pull um how many people are interested in moving it from the May section value Equity diversion inclus divers inclusion from the May section to the Shell all right we got we got a majority on that not quite everybody but a majority Daron I couldn't hear anything Farah said so I I'm I'm not going to vote either way on this one oh okay I to sum it up she basically said that was fine I think but then I support did I did I get that right Farah yes sir you did okay there are lots of other good things in there too but the sort of um okay great and so if you all that could have suggested wording because I think it has has to be slightly rephrased uh to to move into that other section as well and any other just one other thing I wanted to touch on um I one other thing that sort of touches on uh 2- 11110 sort of uh panel appointment process and um in that sort of section B sort of refers to you know what that Community input is

[204:00] and really defines kind of that process and and and something that you know I I I look back at some of the challenges that kind of brought us to where we are today and we've clarified that a lot in certainly the panel member qualifications and disqualifications but with regards to expectations in the process one thing I'd love to see added in here is our process for evaluating applicants kind of mimic the Vader process of jury selection um I think that's a well-known wellestablished way in which we view individuals to be impartial to sort of be in the middle to not be on one extreme or the other um and and we know what that is and I think that sets a community expectation of we've all served in jury duty and we understand that if you're coming in and you're way off on out on out on the you know left field or right field you're not going to be selected and and yet jurors are meant to sort of be down the middle in that

[205:00] capacity and I think that may ultimately but be what we're striving for on this panel and so I think that's a way to connect it to a process we're all familiar with and setting appropriate Community expectations and for that of the panel so just further definitionally and just adding something in there for for for solidifying those expectations thank you council member I 100% agree with that and I think it's ALS it's it's fundamentally part of the process and procedures that we put into place about the selection process so I have personally been through this I did the selection process in Austin where we looked for um panel members and part of their criteria were panel members that could be be objective and that we're in the middle so it was part of the questions that we asked them it was part of our application process and it was part of the interview process um and it was part of the questions that I asked them too um so I think that that is what we delineate specifically in the policies and procedures that we develop about the selection process that would be my

[206:00] recommendation second good uh as long as uh it's it's noted and we get we in that 18 months that we have to work that in there we fold it in there that'd be awesome appreciate that F thanks very good so then our remaining question is uh what are we doing tonight uh so we have a few options in front of us in terms of about timing whether we're passing tonight we're delaying or we extending moratorium so people have thoughts on what we want to do Bob you want to kick us off yeah I'll just kick us off um we obviously have a a split of um view on this from um panel members and well both both people on the panel and people that were in the working group so I um I really appreciate what what Martha and sole had to say about let's get to work um and I know the lawyers are fine tuning I'm I'm stalling Aon to give you time to draft I'll talk really really slowly here um but I think in a second or two we're going to have something up on the screen that going reflect everything we talked about tonight and um if it truly was just a week or two to you know have

[207:01] some more Community engagement that' be fine but uh it sounds like based upon what Teresa said it's not going to be or and what Farah said it's not going to be a week or two it's we'd have to Recon reconvene the working group we'd have to do more Community engagement I'm afraid that this could potentially spill into the next Council this council's worked hard on this and it's been very close to this and I hate to have new people have to come in and start all over from scratch um I really appreciate what so said about getting back to work um and and this has been going on for many many months and I think it's been a very very thorough process um so my preference personal preference would be to um pass this tonight be done with it um let the working group uh rather the panel get back to work I know there's a lot of work ahead of them rather than um kicking it down the road two weeks which probably turns into four weeks which starts to slip into the next Council and so that's my preference and that way we don't have to fiddle with the moratorium we just let it lapse and allow um this

[208:00] ordinance to go in effect right away can I ask CL question CL clarifying question um clarifying question I don't know if this is for you Bob I'll pose it maybe staff answers but it was brought up that if we if we do this are you referring to passing this on emergency yes that's what I'm suggesting okay so then it goes into effect immediately and then these rules are then immediately governing the the panel on yeah yeah I'm sorry I wasn't clear yes I I I'd suggest that we pass this on emergency tonight and be done with it okay Rachel you had your hand up but it's down do you did you want to speak no down it's not working very well from my end either sorry no worries something going on with the microphones okay so this is nuria's plan because she desperately wants us to approve money to redo the audio in this place her Halloween tricks are at play I I think we've already approved that funding and the day cannot com cannot

[209:00] consume enough consum come soon enough um so I'm going to straw pull uh about whether people are interested in thiso I personally like this the approach that Bob put forward to let the panel get back to work so all in favor of I'm taking that General approach um very good that's that's unanimous so then I think the next step might be for someone to make a motion unless there's any other particular issues that somebody wants to bring up great then um Erin I'm gonna I'm G to yes we do I'm going to turn to you how are we doing on on proposed language changes I'm not getting agre oh there we go there we go that worked okay actually I don't think you're miked up but

[210:00] okay okay is is this better try try again is this better okay just try to speak a little loudly there Pro I could hear if that's helpful right it needs to pass the Rachel test dead Okay okay so lean on in speak up language is going well um we have some proposed language that we vetted on the small table here that we can share when you're ready I think we're ready okay in the new proposed 2110 C and this is regarding the shall versus May issue I propose changing subsection C to read the city manager shall form an advisory committee to assist in the panel selection process for regular panel positions because in another part of the ordinance regular is

[211:00] defined as not being the student so I think we say that we can just leave the student part out and the city manager can develop policies regarding the selection of students oh that's very simple she's way she being simple all right and then in our proposed 2 1112 in subsection a to add as a new subsection 8 the language a commitment and understanding of diversity equity and inclusion which are uh criteria the city manager shall consider and removing from subsection B number one which previously said value Equity diversity diversity and inclusion so slight language change and moving it up that's sounds

[212:00] clean what number is that was there something else 2-9 21-9 we would uh this is the bylaws issue making sure that it's obvious that the panel can create its own bylaws can I look at that yeah so so in subsection C complaint review we would delete number one uh which is the in collaboration language uh authorizing the panel to establish policies procedures and operating principles and take that same language and create a new subsection J so that it's clear that the authority to do so is not limited to complaint review but it's all of their um responsibilities great so I wonder if someone might like to make a motion that incorporates these

[213:03] changes I move consideration of a motion to adopt ordinance 8609 repealing and reenacting chapter 211 police oversight BRC 1981 redefining the composition duties and powers of the city organization related to civilian oversight of the police and setting forth related details including uh such language as as has been approved by this Council uh this evening by emergency by emergency uh action and and no the second one is no longer relevant that's a good motion say nothing do you have a second second great and lawyers did that was that clear enough did the language and I apologize for not catching it include

[214:00] the Amendments as proposed by staff yes okay thank you very good then Elicia if we could have a roll call vote please yes sir let me pull up my vote sheet we'll start the roll call for the adoption of 80 ordinance 8609 with council member friend yes Joseph yes spear yes mayor protim wallet yes council member Wier yes Yates yes Benjamin yes mayor bronet yes and council member fuls yes ordinance 8609 is hereby adopted as an emergency man emergency measure unanimously as

[215:00] amended amazing I have a few thoughts uh Nicole yeah I just just wanted to offer some thanks um which is probably where many people are are interested in going um this was just so much work and done in such a short period of time and done really efficiently so thank you to the working group um everybody who was on it was hard work you work through disagreement um I remember a few months ago it was sounding like we weren't going to get to a place where folks were agreeing and I just want to thank you that was that was hard um and thank you to the co- co-chairs and the current and previous um panel members as well you had to deal with many bumps and probably a couple dumpster fires along the way way and um thank you for persisting and and getting us here um and then also thank you to staff and especially thank you to Farah um it it's very clear you fostered a an environment where people felt safe and could have open and authentic conversation um and you really got us to a great place so thank you to

[216:02] everybody who's been involved in this this is amazing progress juny mat thank you so much mayor buett I had already packed but I said I need to unpack so that I can thank you Farah uh thank you Farah for all your work in this great presentation I also wanted to point that I appreciate your recommendation of a possible advisory committee to assist the city manager and I also wanted to point you to section two uh which is to amplify the voice of most impacted by police interactions for example bipox and lgbtq plus community members uh I do believe um that our community Value lgbtq Plus people in our community and their safety and also bipac so thank you for that and I thought that was a great presentation and also thanks to council and staff uh it's been truly a tremendous work thank

[217:02] you solidad said it uh this I I think the quote of the night um it's not perfect but perfect and not sure anything could have been as succinctly stated for this um and so I'll likely butcher by saying a few extra words I could have left at at that but I didn't um um it won't quite be perfect what you say man be it'll be perfect yeah in someone's eyes for sure that's what my that's what my children always tell me um it was a pretty we we were in a pretty dark and rough place not long ago um and I think there was justifiable concerns that we that the path out of that into the light was going to be hard if not um not possible um and here we are um and I and I'm just I I sort of I'm just really excited that we got to this place and and for one for the working group the panel to stick

[218:01] with this work for those that like Daniel who have stayed committed kudos to you guys and Farah you've been the glue that really brought this together and so just absolute gratitude for for what you're able to do to take us from what was almost an intractable position and come out of it where I think we're at a place where we've maybe reset things to start building back that trust across a bunch of sectors in our community and I hope we continue to build on that um and I think this was just a start to um go from eroding to a to a uh a place where we can start to rebuild um and I'm just grateful that we're at that place of opportunity so just thanks for community and everybody who's had a significant part in this and um just it's a great place to be so a lot of work to go but but this was this is a great starting place thank you um I wanted to give a special thanks to Daniel Martha melen millenni milen milen Sola dad and so many others who

[219:03] took the time to talk with me on the phone I realize that we all work you work I work and you you were there for me really to give me your perspective and help me to understand how you were feeling and listen to what I was feeling that was really special it was the probably the hardest council meeting I ever had or series of meetings should I say um but getting to know you guys was just tremendous and thank you for that not to take away from all the things that have been um been gushed out um the last couple minutes which all which I agree with I also want to thank um our colleague Lauren for improving the ordinance um at the last minute and and making some very well-received suggestions here here Rachel yeah I Echo everything and also just wanted to say um we had a clearly

[220:01] very flawed um ordinance for a couple years and so a special thank you to Amy Kane for trying to um just sort of shoulder on uh with with all of the panel members and people impacted by the ordinance I know that that was that could not have been an easy uh job so U just a broad thank you to to everyone who's been involved including staff thanks so I'll calling myself I this just it's been an incredibly rocky road for the police oversight panel right and and I've um been there throughout the whole process right from the from the incident with Jade Zade Atkinson and that led us to the initial formation there have been so many steps along the way and we were in a in a pretty dark place earlier this year and I was losing hope for the success of this effort in our community and uh here we are with a ray of light and all the Hope restored and it's just extraordinary that it's come to this place and just so incredibly grateful to all the people who had done the hard work to get us here far this is absolutely so much your work that you

[221:01] have been a miracle worker here you've done extraordinary extraordinary work could not be more grateful to you and um so just deep deep gratitude for coming here and so good to see you in person and uh don't be a stranger like keep talking to us we we'll continue to need your help oh she's not going anywhere yeah right let me be clear and then just to all the people who have been on the police oversight panel it's been incredibly tough work and I'm so grateful to you and the people here today who've been who've been on the panel adasa and solad and milen and Daniel and uh Martha as well and uh Daniel I know you had some suggestions that weren't taken up tonight I hope that doesn't feel terrible I'm just so grateful for the amazing work that you've done and you have made specific suggestions that have have improved it as well and just keep at it um so much appreciative of uh you and everybody who's been on the panel and the people who been on the working group so much hard work incredible and uh Amy has been a guiding star throughout the whole effort um and just deserves you know so

[222:01] much so much from us um and then the great work of Aaron Poe as well on the legal side and the legal team who's worked on this um and so anyway I'll I'll just I'll stop gushing but just we're in such a good place and such a better place than we could have ever imagined being here just a few months ago thank you Marin I don't intend to speak myself but I understand that phah wanted to say a few words yes thank you n i I just really wanted to take a a a point of um to talk about something personal um during this process my father had surgery um surgery went okay but he said passed away um and so the month of SE September was very very difficult for me um and I I feel like I have to publicly thank City staff because honestly I don't know if we would have gotten to this point because they lifted me up at my lowest Amy stepped up the comm's team stepped up I was supposed to come in person for the community event I couldn't because they told us that you know the time with my

[223:00] father was coming to an end um the the work group members checked on me and um you know contacted me and made sure that I was okay panel members did the same um and and I I want to acknowledge that because this is such a contentious issue but when I was going through something hard the humanity came out and people had my back and I just really feel like I needed to acknowledge that publicly because it was I was I was a daddy's girl and this was so hard but I pushed through because um this work is so important to me and I knew the Comm the community needed this to come to an end to start the healing so that we could move forward so I really want to say a collective thank you to everybody body um we still have a lot of work ahead of us but we really needed to get to this point and I I wouldn't have gotten it particularly in the month of September without City staff and Nua support so I I feel like I had to acknowledge that and say thank you thank you so much for sharing that Farah and I'm so sorry for your loss yeah and with that

[224:02] Teresa Here I Am the little raincloud so uh we did amend the agenda to consider item five be the second of those and so if if council could um just formally uh determine whether it plans to take that up for consideration or not the extension of the moratorium right just to yeah so this was the extension of the moratorium which has been rendered moot by our other ordinance so is can we just get a show of hands are we okay not considering this okay great did did did that dot the eye there Teresa thanks for keeping us on Hest and with that that was a swift shower of yeah it's a very brief um I will uh gavis Clos at the extraordinary 40 p.m. thanks so much everybody for an extraordinary

[225:08] meeting