Boulder oversight panel agrees to ad hoc committee after debate over legal advice in public meetings

The Boulder Police Oversight Panel voted to form an ad hoc committee to develop recommendations on the panel's referral policy and elements of the five-year review, following an extended discussion about what the ordinance allows and what legal advice may be discussed publicly.

The discussion centered on guidance from city attorneyoffice attorney Chris, who repeatedly cautioned that confidential legal advice should not be discussed in public meetings and recommended a small, confidential meeting of two panel members with city counsel and staff to address sensitive legal questions. "It's always a bad idea for confidential legal advice to be discussed in public regardless of what the subject matter is," Chris said during the meeting.

Several panel members pushed back, saying that limiting the conversation to two members would undermine transparency and the panel's ability to brainstorm and develop recommendations. One panel member told the group that requiring two members to meet alone "takes away our whole ability to be able to truly brainstorm and come up with something that could meet our needs," and urged that the panel find a workable process that permits broader input.

To balance those concerns, the panel chairs proposed an ad hoc committee process modeled on the community engagement committee: a small working group that meets (with calendar posting and Zoom links), reports back to the full panel, and avoids discussing attorney-client privileged matters in public. The panel recorded broad support for creating a committee and agreed to follow up by email to set membership and schedule the first meeting.

The city attorney's office said it would provide legal advice on the scope of permissible public discussion and recommended that two members meet with counsel when confidential legal counsel is needed; the panel asked the chairs to coordinate next steps and to seek legal clarification on what aspects of the referral policy can be publicly debated.

The panel's conclusion was procedural: create a narrowly scoped ad hoc committee to draft proposals for the full panel and seek legal direction where necessary. The panel asked co-chairs and staff to follow up via email on committee membership and timing, mindful of upcoming panel turnover.

The meeting moved on to other agenda items after the committee vote; next procedural steps include panel leadership confirming committee members and clarifying what portions of the policy discussion, if any, require confidential consultation with counsel.