Boulder city attorney tells oversight panel he provides legal advice, not direction; panel presses for clarity on conflicts and event guidance

Chris Reynolds, an attorney in the Boulder City Attorney’s Office, told the Boulder Police Oversight Panel on a September meeting that his role is to provide legal advice to the panel, to the independent police monitor and to city staff — not to direct or oversee panel decisions.

“I'm a lawyer for a panel. So if there are legal questions or issues that come up, I am a resource,” Reynolds said, adding that his advice is grounded in the city code and that he will “[evaluate] the facts, and then I'll render an opinion.”

Panel members said they need clearer boundaries on when the city attorney’s office will step in proactively, whether members can request independent counsel and whether legal advice will be coordinated with panel co-chairs before being shared with outside parties.

Why it matters: The city attorney’s office is the official interpreter of city code and ordinances. Panel members said differences in interpretation and a recent community engagement event that resulted in legal involvement left some members unsure whether the city attorney’s role had shifted from adviser to overseer. Several panel members said that perceived surprise legal interventions have damaged trust and raised concerns about independence when the panel designs events or conducts outreach.

Reynolds described his work as advisory. He said he often starts by checking the city code and that many responses are “it depends,” because small changes in facts can change legal advice. He told the panel he prefers to meet with members one-on-one or in small groups to work through complicated legal questions rather than attempt to resolve complex legal issues on the spot.

Panel members asked whether the panel can obtain outside legal advice. Reynolds said the panel may pursue independent counsel in situations that meet legal conflict-of-interest standards, but that the panel itself does not have unilateral authority to hire outside counsel. “If a panel member believes there is a conflict of interest, that’s something that should be raised so we can look into it,” Reynolds said, noting that conflicts commonly involve financial or close personal relationships.

Several panel members asked Reynolds to consult with co-chairs before offering outside-facing legal opinions about panel activities or events. Reynolds agreed he would strive to be collaborative and said he would “always strive to be as collaborative as humanly possible.”

Panel members also asked whether attorneys from the city attorney’s office would attend future panel meetings. Reynolds said the current plan is for an attorney from the city attorney’s office to attend regular panel meetings like the one held in September, while acknowledging exceptions for unusual circumstances.

Panel members requested two clarifications: (1) that the city attorney’s office will not “oversee” the panel’s decision-making (Reynolds rejected the characterization of his role as oversight); and (2) that when the city attorney’s office is consulted about panel activities, the co-chairs be given the opportunity to present the panel perspective before legal advice is shared externally. Reynolds said he would try to apply that practice when appropriate.

A number of panel members raised practical concerns about how legal advice is translated across different audiences and how repeated, differing interpretations can cause confusion. Reynolds urged the panel to bring concrete fact patterns when seeking legal opinions and to expect that advice may change if the facts change.

The conversation closed with panel members asking for the question of attorney attendance at closed sessions to be returned to a future agenda for more discussion. Several members said they were uncomfortable with a city attorney’s presence during closed deliberations and asked that circumstances for attendance at closed sessions be clarified.

Ending: The panel scheduled legal training in October and agreed co-chairs and the city attorney’s office will work together to clarify procedures for requesting advice, for advance consultation with co-chairs when appropriate, and for handling potential conflicts that might require independent legal counsel.