Opponents of Colorado law enforcement misconduct bill propose working group

Advocates for law enforcement asked Colorado legislators to end consideration of a bill that would add protections for officers who accuse a fellow officer of misconduct, and they instead proposed a working group to collaborate on alternative legislation over the summer. 

A letter addressed to Assistant Majority Leader Jennifer Bacon and state Rep. Leslie Herod, both Denver Democrats who sponsored House Bill 24-1460, says the interested organizations would commit to engage in “good faith discussion and analysis of topics referenced in the bill” so long as the bill does not advance to the House floor in any manner.

The bill in question would require that law enforcement agencies investigate allegations of misconduct made against their officers and prohibits retaliation against an officer who files a complaint. It would also allow the person who made the allegation, including officers within the department, to sue the agency if the claims are not properly investigated. 

Those who signed the letter include Colorado District Attorneys’ Council Executive Director Tom Raynes, Colorado Fraternal Order of Police President Stephen Schulz, County Sheriffs of Colorado Executive Director Amy Nichols, Colorado Association of Chiefs of Police President Debra Funston, Colorado Counties, Inc. Executive Director Kelly Flenniken, and Colorado Municipal League Executive Director Kevin Bommer. 

“This proposal is offered as a good faith effort toward an inclusive, thorough, and meaningful process to explore these important issues,” the letter reads. “The structure of this plan provides for the necessary time and research to reach responsible evidence-based conclusions and outcomes.”

Stakeholders who signed onto the letter proposed a 16-person working group to discuss the possible need for a new law concerning obligations and processes in cases of alleged unlawful officer conduct, due process for officer allegation proceedings, whistleblower protections and the Colorado Peace Officer Standards and Training Board database, among other issues. 

“This approach provides a forum for an objective review and consideration of each topic without any preconceived or presumed outcomes,” the letter continues. “Some issues may need attention, some may not, but a process like this is a far more appropriate way to arrive at those answers and solutions, if warranted, than what is possible in the remaining 9 days of legislative session.”

The proposed working group would create a report summarizing analysis of issues at stake and any conclusions the group comes to. If less than 75% of the group supports an idea, majority and minority opinions would be included.  

House leadership removed the bill from the calendar Wednesday, which prompted criticism from bill sponsors about calendar management in the final days of the legislative session, The Denver Post reported. The 2024 legislative session is set to conclude on May 8. 

The House Judiciary Committee approved the bill in a 6-5 vote last week, with several members urging sponsors to continue conversations with interested parties to determine what changes are necessary to get their support.

Editor’s note: The headline on this story was updated at 6:31 p.m., May 1, 2024. Due to an editing error, a previous headline incorrectly implied that debate on the bill had been halted.