Boulder city attorney says office advises oversight panel but does not oversee it; panel members press for clarity on conflicts

Chris Reynolds, an attorney in the Boulder City Attorney's Office, told the Boulder Police Oversight Panel on Sept. 5 that his role is advisory and that he will render legal opinions based on the city code when asked.

Reynolds said the city attorney's office is a resource for the panel but does not direct or “oversee” panel decision-making. "It's not my role to say, no. I don't direct the panel," he said. He added that when asked a legal question he will first consult the code: "Most of the time, when I'm asked a question, my first — if I can't immediately answer it — I'm gonna look in the code and wait to see what the code says."

Panel members raised concerns about subjectivity and conflicts of interest. Panel member Chico asked whether the panel could ask Reynolds to recuse himself if members felt he was too close to a matter. Reynolds said the Revised Code contains conflict-of-interest provisions and that the city attorney's office can help identify whether a legally cognizable conflict exists. He said that if a conflict is present, the panel can explore engaging independent legal advice.

Several panel members sought clearer procedures for when the city attorney's office would be consulted and whether the panel should expect proactive counsel. Reynolds said he will provide advice when appropriate and is available for follow-up meetings if questions are too fact-specific to answer on the spot. He also said that, barring "huge, weird circumstances," an attorney from the city attorney's office will attend regular panel meetings like the one on Sept. 5.

Panel members also asked about closed-session attendance by city attorneys. Reynolds said his role is to advise and support the panel and that he would not "oversee" the panel's decisions; he described the relationship as advisory rather than supervisory. Several members asked that, when the city attorney's office is asked about a panel plan or event by other city offices, the panel or co-chairs be consulted first so the panel’s perspective is included.

Why it matters: clarity about the city attorney's role affects panel trust and the panel's ability to seek outside counsel if members believe a conflict exists. Reynolds recommended that the panel rely on the city attorney's office for ordinance interpretation while recognizing that an independent legal opinion is possible when the code defines an actual conflict.

The discussion concluded with a general agreement to work toward clearer communications between the panel and the city attorney's office.