Attachment A - Sworn complaint #2025-003CCC

Regular Meeting, December 4, 2025 · item 4F: Consideration of a motion to authorize the city attorney to appoint Jerome A. DeHerrera as Special Counsel to investigate and, if necessary,… · 33 pages

This is the text extracted from the file, without its layout, tables, or images. Use the original for anything that matters.

I. Formal Code-of-Conduct / Ethics Complaint (City Clerk Filing) To: City Clerk, City of Boulder (Central Records) Cc: City Attorney; Independent Police Monitor; Police Oversight Panel From: Michael S. Joseph, 2525 Balsam Dr., Boulder, CO 80304 — michaelsjoseph@gmail.com | 303-817-1372 Date: October 31, 2025 Subject: Formal Ethics & Conduct Complaint — City Manager Nuria Rivera-Vandermyde

A. Jurisdiction & Standard I submit this complaint under the City of Boulder’s ethics/code-of-conduct provisions and related policies governing officers and employees. I request the Clerk open a formal matter, assign a tracking number, and route it for investigation to the appropriate body (e.g., Board of Ethics / designated investigator) with written notice of process and timeline.

B. Summary of Misconduct & Governance Failures This complaint alleges systemic governance failures attributable to (or not remediated by) the City Manager’s office, including: 1) Suppression of oversight via PSU gatekeeping — routine diversion of calls/reports to Professional Standards Unit rather than dispatching patrol or opening CAD events, leading to denial of standard services and delayed/lost accountability. 2) Failure to ensure ADA Title II compliance & effective communication — non-responsive or fragmented ADA interactions; refusal to designate a single point of contact; refusal to use email-only channel as a reasonable accommodation; and failure to initiate the interactive process across affected departments. 3) Equal-protection / disparate-treatment concerns — documented differential treatment in policing response and record handling, including delayed or inconsistent evidence production (e.g., body-worn camera) and delayed CORA/CCJRA responses after payment/invoice. 4) Record-integrity and preservation failures — lack of timely creation of CAD numbers, inconsistent intake, and failure to lodge/acknowledge public-integrity complaints; insufficient litigation-hold assurances across BPD/PSU/Dispatch/City Attorney.

5) Non-action despite actual and constructive notice — repeat acknowledgments from City leadership without commensurate corrective action, while harm continues (domestic-violence safety, property deprivation, and reputational harm).

C. Factual Proffer (selected highlights) (Illustrative; detailed exhibits listed at the end.) - City Senior Counsel acknowledged City receipt of my notices; subsequent communications show ADA Coordinator engagement yet continued fragmentation and denial of standard service. - PSU complaint threads and addenda reflect rapid internal readership and repeated follow-ups seeking case numbers, POCs, CAD creation, and independent review; still no adequate acknowledgment or corrective plan. - CORA records: payment accepted; protracted delays; assertions of prior “full production” in conflict with my records; withholding of specific emails without timely privilege log.

D. Requested Remedies 1) Open a formal ethics/conduct investigation into the City Manager’s oversight of PSU/Dispatch/Records/City Attorney coordination and alleged gatekeeping. 2) Immediate process fixes: (a) rescind any directive diverting my reports to PSU instead of patrol; (b) require CAD creation for all qualifying calls; (c) designate a single senior POC for my ADA/oversight matters; (d) confirm a comprehensive litigation hold (email, CAD/IAPro/BlueTeam, BWC, phone logs, chats/texts). 3) ADA compliance: implement email-only communications as the ADA channel for me; document the interactive-process steps and response timelines across departments. 4) Records/evidence: (a) produce pending CCJRA/CORA materials (including body-worn camera from June 8, 2025) or state reasons with logs; (b) produce segregable portions of any withheld emails with a privilege log; (c) schedule partial rolling productions. 5) Governance transparency: provide a written plan and timeline to Council and to me within 7 calendar days; include how the City Manager will prevent recurrence.

E. Relief Requested from Clerk •

Assign a complaint number; provide an acknowledgment letter within 2 business days; identify the investigating body and timeline; and circulate this filing to Council for awareness.

Respectfully submitted this 31st day of October 2025; I declare under penalty of perjury that the foregoing is true and correct. Signed this 31st day of October 2025 from Los Angeles, California. /s/ Michael Joseph Michael Joseph Resident since 2003

F. Exhibits (non-exhaustive) Exhibit Index (attach all) A. Gmail - NOTICE OF VOID ORDERS, ADA ACCOMMODATIONS, LIABILITY EXPOSURE & FORMAL DAMAGES STATEMENT (42 U.S.C. §§ 1983, 1985, 1986; ADA Title II; Monell; C.R.S. § 13-21-131, etc.).pdf B. Gmail - PSU Complaint Addendum.pdf C. Gmail - Why is Sgt Compton Hunting me_.pdf D. Gmail - Personal Property Deprivation.pdf E. Gmail - Subject_ Request for Meeting – DV Stalking Enforcement & Misconduct Resolution.pdf F. Gmail - Council Oversight Requested_ Documented BPD Misconduct Pattern — Please Acknowledge Within 2 Business Days.pdf G. Gmail - Seargeant’s Asking for Legal Blessing.pdf H. Gmail - Suspect Identity Confirmation.pdf I. Gmail - Notice of knowingly false department narrative; PSU gatekeeping used to suppress (not cure) misconduct; demand for operational intake, record correction, and preservation.pdf J. Gmail - One-Sided Reporting (replete with misrepresentations).pdf K. Gmail - Immediate safety fix & CAD directive for 2525 Balsam Dr (Sept 19 dispatch failures).pdf L. Gmail - Index of “30,000” items.pdf M. Gmail - Oct 4 2025_ Unequal treatment — all the indicators (Why is Boulder choosing to harm me _ my family_).pdf N. Boulder, CO Municipal Code (code of conduct).pdf

From: To: Cc: Subject: Date: Attachments:

Michael Joseph Rivera-Vandermyde, Nuria City Clerk"s Office; Brockett, Aaron; Adams, Taishya; Benjamin, Matthew; Folkerts, Lauren; Marquis, Tina; Schuchard, Ryan; Speer, Nicole; Wallach, Mark; Winer, Tara; Toro, Luis; Redfearn, Stephen; Daun, Sherry Re: Supplemental Chapter 7 Filing — Outside, Neutral Investigator Required; Chief Redfearn Recusal & Inclusion; Public Transparency Thursday, November 13, 2025 8:13:51 AM Outlook-CMO_lockup.png

Subject: Re: Supplemental Chapter 7 Filing — Outside, Neutral Investigator Required Hi Nuria, Thank you for your note and for confirming that my updated information and documentation are being added to the file. I hope you’re feeling better. Because this complaint is now clearly in the City Attorney’s hands, I want to make sure the path forward is consistent with Boulder’s adopted law and practice under both Title 2, Chapter 7 (Code of Conduct) and Title 2, Chapter 11 (Police Oversight), and that there is a clear record of how conflicts and independence are being handled.

1. Code of Conduct process (Title 2, Chapter 7) As you know, my filing is expressly a B.R.C. Chapter 2-7 Code of Conduct complaint, not just a general “concern.” Under the Code: The City Attorney has previously advised Council that once a Code of Conduct complaint meeting the requirements is filed, investigation is not discretionary: Council “shall request the city attorney to conduct an investigation regarding a violation of this chapter.” That language and interpretation were publicly discussed in connection with the 2023 Police Oversight Panel selection complaints, and led directly to Council’s decision to appoint outside special counsel in that matter. More recently, on February 20, 2025, Council again recognized the need for independence in Chapter 7 cases by approving a motion “authorizing the city attorney to appoint Special Counsel to investigate and, if necessary, prosecute all complaints related to a code of conduct complaint filed pursuant to § 2-7-10(c), B.R.C. 1981.” In light of those precedents, it is hard to reconcile a structure where: 1. The City Attorney’s Office is itself part of the fact pattern and prior routing decisions that are at issue in my complaint; and 2. That same office is now positioned as the gatekeeper to decide whether an outside, neutral investigator will even be used. At a minimum, that raises the appearance that the Code-of-Conduct framework and prior Council guidance on using independent/special counsel are not being followed here, even though the same general subject matter (police oversight, routing of complaints, and use of public resources) is implicated.

2. Police Oversight framework (Title 2, Chapter 11) My filing also squarely involves police conduct, complaint routing, and PSU practices. Under Boulder’s police oversight ordinance: The Office of the Police Monitor is established as the independent location to lodge complaints involving police employees and to monitor internal investigations “to ensure objective, thorough and high-quality investigations.” The ordinance makes the Monitor’s Office the intake center for community complaints about police employees. Complaints received by BPD are to be forwarded to the Monitor within 24 hours, and the Monitor documents and routes them. Any findings and recommendations must reflect the Monitor’s independent judgment, and no one may use their position to “unduly influence or undermine the independence of the police monitor.” Right now, your email indicates that staff will “defer to instructions from our City Attorney's Office as to how to proceed internally once the matter has been reviewed.” That leaves unanswered: Whether my complaint has been processed through the Police Monitor and Police Oversight Panel structure contemplated by Chapter 11, or Whether it is effectively being handled as an internal City Attorney/PSU matter, outside the oversight pathways that were adopted specifically to avoid self-policing and perceived retaliation. Given that my filings detail concerns about PSU routing, chain-of-command decisions, and the use of police resources in a domestic-violence context, it is especially important that the investigative structure not be controlled by the same offices whose conduct is in question.

3. Specific requests (re-stated, with clarification) To avoid any ambiguity and in the spirit of working toward a lawful, credible process for the City and the community, I’d be grateful for concrete answers to these specific items from my November 8 supplement: 1. Formal Chapter 2-7 docketing Has my complaint (and supplements) been formally logged as a Title 2, Chapter 7 Code of Conduct complaint (e.g., with a CCC case number, as in prior Codeof-Conduct matters)? If so, what is that case number, and has Council been notified as required? 2. Recusal / walling off BPD chain of command Will the City issue a recusal or wall-off order preventing Chief Redfearn, PSU, and others in that supervisory line from screening, assigning, or deciding this complaint, in light of Chief Redfearn’s November 7 email and the conflicts

described in my supplement? 3. Outside, neutral investigator under Chapter 7 Given (a) the City Attorney’s apparent involvement in the challenged routing decisions and (b) Council’s existing practice of authorizing special counsel for § 2-7-10(c) complaints, will you confirm that an outside, neutral investigator (special counsel) will be retained to: define the scope, conduct interviews (with the Independent Police Monitor invited to attend), review records, and issue findings and recommendations to Council? 4. Police Monitor / Oversight Panel involvement under Chapter 11 Has the Office of the Police Monitor received, classified, and routed this matter as a complaint about police employees under B.R.C. Title 2, Chapter 11? If not, can you explain how the current approach comports with the ordinance’s requirement that the Monitor’s Office be the intake center and that the Monitor exercise independent judgment? 5. Evidence-preservation steps Has a litigation/records hold been issued for the materials I identified (PSU files, body-worn/dash video, CAD/dispatch, Flock/ALPR alerts, email/text/collaboration messages for relevant BPD command and City Attorney liaisons, and Webex/meeting-access logs)? If yes, could you please confirm that in writing, so both the City and the public are protected from any later suggestion that records were missing or altered? 6. Transparency milestones & timing Will the City commit to basic transparency steps, such as posting the investigator’s name, scope, and a public status page with milestone dates (subject to lawful redactions), consistent with how prior high-profile Chapter 7 matters have been handled? Practically, can you please confirm by November 19, 2025: whether Items 1–4 above will be implemented; and the expected schedule for interviews, document production, and a publicfacing summary of findings and any remedial steps. My goal here is not to litigate the merits with you over email, but to ensure that Boulder actually uses the independent mechanisms it has already adopted—the Code of Conduct

framework, the Police Monitor and Oversight Panel, and the practice of appointing outside counsel when the City’s own actors are implicated. I appreciate that you “take all allegations of this nature seriously.” Bringing this into alignment with Titles 2-7 and 2-11 and with past Council practice is, in my view, the best way to demonstrate that seriousness to the community. Thank you again for your time and for a clear, written response on these points. Best regards, Michael Joseph ᐧ

On Wed, Nov 12, 2025 at 3:09 PM Rivera-Vandermyde, Nuria <RiveraVandermydeN@bouldercolorado.gov> wrote: Dear Mr. Joseph I wanted to first apologize for not having gotten back to you last week. I was out sick and am getting back to overdue emails. I do want to acknowledge that we are receiving your updated information and documentation and will add those to the file. As you know, I have referred this matter to the City Attorney. I cannot direct her work in this matter so will leave to the City Attorney to determine whether an outside investigator is needed. Staff will defer to instructions from our City Attorney's Office as to how to proceed internally once the matter has been reviewed, but please know we take all allegations of this nature seriously and will review appropriately. Nuria Rivera-Vandermyde City Manager

(pronouns: she/her/ella) What's This?

O: 303-441-3090 riveravandermyden@bouldercolorado.gov

City Manager’s Office 1777 Broadway | Boulder, CO 80302 BoulderColorado.gov

From: Michael Joseph <michaelsjoseph@gmail.com> Sent: Tuesday, November 11, 2025 2:45 PM To: City Clerk's Office <cityclerksoffice@bouldercolorado.gov> Cc: Brockett, Aaron <BrockettA@bouldercolorado.gov>; Adams, Taishya <adamst@bouldercolorado.gov>; Benjamin, Matthew <benjaminm@bouldercolorado.gov>; Folkerts, Lauren <folkertsl@bouldercolorado.gov>; Marquis, Tina <marquist@bouldercolorado.gov>; Schuchard, Ryan <schuchardr@bouldercolorado.gov>; Speer, Nicole <speern@bouldercolorado.gov>; Wallach, Mark <wallachm@bouldercolorado.gov>; Winer, Tara <winert@bouldercolorado.gov>; Rivera-Vandermyde, Nuria <riveravandermyden@bouldercolorado.gov>; Toro, Luis <ToroL@bouldercolorado.gov>; Redfearn, Stephen <RedfearnS@bouldercolorado.gov>; Daun, Sherry <dauns@bouldercolorado.gov> Subject: Re: Supplemental Chapter 7 Filing — Outside, Neutral Investigator Required; Chief Redfearn Recusal & Inclusion; Public Transparency

External Sender Notice This email was sent by an external sender. Subject: Lodging Confirmation & Procedural Directives — Code of Conduct (B.R.C. ch. 27): Outside Investigator Appointment; Chief/PSU Recusal; Transparency & Preservation To: cityclerksoffice@bouldercolorado.gov Cc (entire Council): brocketta@bouldercolorado.gov; adamst@bouldercolorado.gov; benjaminm@bouldercolorado.gov; folkertsl@bouldercolorado.gov; marquist@bouldercolorado.gov; schuchardr@bouldercolorado.gov; speern@bouldercolorado.gov; wallachm@bouldercolorado.gov; winert@bouldercolorado.gov Cc (executive/oversight): Rivera-VandermydeN@bouldercolorado.gov; Luis Toro <ToroL@bouldercolorado.gov>; PoliceOversightPanel@bouldercolorado.gov; "Daun, Sherry" <dauns@bouldercolorado.gov> Cc (notice only): sredfearn@bouldercolorado.gov City Clerk and Members of Council, Please supplement and confirm the lodging of my pending Code of Conduct (B.R.C. ch. 2-7) complaint and the attached exhibits, previously filed and served on City leadership, including the Police Chief and oversight offices. This email seeks: (1) docketing confirmation; (2) recusal of the Chief/PSU chain; (3) appointment of outside, neutral counsel under B.R.C. §§ 2-7-10(c), 2-7-12; (4) evidence-preservation orders; (5) statutory video disclosure timelines; (6) IPM classification and POP calendar placement; and (7) public transparency commitments so residents can see how public resources are used.

Procedural confirmations requested (please confirm in writing) 1. Docketing / file number. Confirm that this email and its attachments are entered into the official record as a supplement to my pending Chapter 2-7 complaint, with a file number and date/time stamp, and that prior filings (including the Official PSU Complaint) are part of the same docket. 2. Outside, neutral investigator (Special Counsel). Because the PSU’s own supervisor (the Chief) has already taken a no-investigation position regarding PSU and appears to have directed the routing posture, please appoint outside, neutral counsel under B.R.C. §§ 2-7-10(c), 2-7-12. Provide the engagement letter, scope, and a milestone timeline (intake, interviews, document production, draft findings). 3. Recusal screens. Issue written recusal of the Police Chief, PSU, and anyone in that supervisory line from screening, influencing, or deciding this Code-of-Conduct matter. Identify the non-BPD official who will receive and act on Special Counsel’s report. 4. Evidence-preservation (litigation hold). Direct a hold for BPD and City Attorney custodians covering: BWC/dash, CAD/dispatch, radio, Flock/ALPR queries and hot-list activity, officer reports/notes, email/text/chat (including Teams/Slack), and Webex/access logs. Please provide the IT custodian’s hold notice and scope. 5. Statutory video disclosure (21-day rule). Acknowledge and calendar the C.R.S. § 24-31-902(2) requirement to release all unedited recordings associated with the misconduct complaint(s). If seeking any delay, provide the specific statutory certification, the narrow subsection invoked, and a date-certain. 6. Records & directives. Produce or index with particularity any directives/emails (including those referenced around Aug 7, 2025) that governed PSU routing, patrol stand-downs, or “legal advisor” instructions. Where privilege is asserted, provide a segregable-facts release and a privilege log. 7. IPM/POP lane. Confirm Independent Police Monitor classification of my complaint and Police Oversight Panel placement on the next available agenda, with Monitor participation in interviews and access to full investigative materials. 8. Public-facing transparency. Post a status page naming the outside investigator, scope, and target milestones, and commit to publishing the findings of fact, conclusions, and recommended remedies at close, with only legally required redactions. 9. Victim-protection & non-retaliation. Confirm written non-retaliation assurances and designate a City liaison for safety logistics (e.g., civil standbys, property access), consistent with state Victim Rights Act principles and City policy. 10. Response deadline. Please provide Items 1–9 within seven (7) calendar days of this message.

Why independence is required (summary for the record)

The record already before you shows that the PSU reports through the Chief and that a no-investigation determination regarding PSU has been made within that chain— rendering the Chief both a fact witness and a subject. Keeping a PSU-focused complaint inside that chain defeats impartial review and undermines public trust. To shed light on what’s documented, the City should wall off BPD leadership, appoint outside counsel, and commit to transparent disclosures so residents can see precisely how public resources are being used.

Attachments to include (for the Clerk’s docket) Official PSU Complaint (City Leadership Notice + sequential exhibits) — previously lodged. Chief correspondence and related emails supporting supervisory control and prior “no-investigation” position (PDF bundle). Supplemental Chapter 7 Cover Letter (outside-investigator request; recusal; transparency; preservation).

Unsworn Declaration (Colorado) I declare under penalty of perjury under the law of the State of Colorado that the facts stated in my complaint, supplements, and attached exhibits are true and correct to the best of my knowledge and belief. Executed on November 11, 2025, in Los Angeles, California. /s/ Michael S. Joseph michaelsjoseph@gmail.com • (303) 817-1372 ᐧ

On Sat, Nov 8, 2025 at 6:46 AM Michael Joseph <michaelsjoseph@gmail.com> wrote: Subject: Supplemental Chapter 7 Filing — Outside, Neutral Investigator Required; Chief Redfearn Recusal & Inclusion; Public Transparency To: cityclerksoffice@bouldercolorado.gov Cc (entire Council): brocketta@bouldercolorado.gov; adamst@bouldercolorado.gov; benjaminm@bouldercolorado.gov; folkertsl@bouldercolorado.gov; marquist@bouldercolorado.gov; schuchardr@bouldercolorado.gov; speern@bouldercolorado.gov; wallachm@bouldercolorado.gov; winert@bouldercolorado.gov Cc (executive): Rivera-VandermydeN@bouldercolorado.gov; ToroL@bouldercolorado.gov Cc (for notice only): sredfearn@bouldercolorado.gov City Clerk Johnson, Mayor Brockett, and Members of the Boulder City Council, I respectfully submit this supplement to my B.R.C. Chapter 2-7 Code of Conduct complaint and ask that it be entered in the official record. This filing seeks recusal of the

Boulder Police Department chain of command (including Chief Stephen Redfearn) and the appointment of an outside, neutral investigator. It also sets out transparency and evidence-preservation steps to protect both the public and the City.

Why this matters to every Boulder resident This is not a private dispute. It goes to public safety, equal protection, and the responsible use of taxpayer-funded resources. When complaint intake and review are routed through the same chain of command that is implicated, the system risks: Misallocation of police resources toward internal self-validation rather than community protection; Erosion of resident trust in oversight, especially for domestic-violence and stalking victims who rely on lawful enforcement, not administrative diversion; Fiscal exposure for the City if patterns of improper routing, record-keeping failures, or retaliation are left unaddressed; and Precedent that discourages reporting and undermines legitimate community-safety interventions.

Conflicts requiring recusal and outside investigation On Nov 7, 2025, Chief Redfearn—who directly supervises PSU—stated he had reviewed these matters and that BPD would not proceed with any investigation into PSU employees. That prior merits determination by the supervisor of the subject unit creates an unavoidable conflict of interest. My Oct 5, 2025 Official PSU Complaint documents diversion of patrol matters into PSU, uncorrected records, and oversight failures, placing the PSU leadership and chain of command squarely within the scope of the complaint. Because the Chief has both notice and decision-maker involvement, he is a fact witness and potential subject. He cannot serve as reviewer or gatekeeper.

Required action under Boulder law & practice Boulder’s Code of Conduct process (B.R.C. ch. 2-7) provides for independent/special counsel when objectivity is at issue. The City has previously appointed outside counsel for Code-of-Conduct investigations and publicly released independent findings. That is the only credible path here.

already reflects a prior disposition, confirming the need to wall off the chain of command. 2) Appointment of outside, neutral investigator. Please retain special counsel unaffiliated with BPD or the City Attorney’s Office to: (a) define scope; (b) conduct witness interviews (with the Independent Police Monitor invited to attend); (c) review records; and (d) issue findings and recommendations to Council. 3) Evidence-preservation & access. Issue a litigation hold and instruct preservation/collection of: PSU files; body-worn and dash video; CAD/dispatch and radio; call logs; Flock/ALPR alerts and hot-list queries; email, text, and collaboration-platform messages for relevant BPD command and City Attorney liaisons; and Webex/meeting-access logs referenced in my filings. Confirm preservation in writing. 4) Transparency commitments (for residents). Post on the City website: investigator name, engagement letter/scope, and a public status page with milestone dates. At conclusion, publish findings of fact, conclusions, and any policy recommendations, with narrowly tailored redactions only where legally required. Provide Council and the public a summary of any remedial training, policy changes, or discipline adopted. 5) Timeline. Please confirm Items 1–4 within 7 calendar days of this message and provide the outside investigator’s proposed schedule for interviews and document production.

What I am filing with this supplement (attachments) 1. Official PSU Complaint (Oct 5, 2025) — sequentially numbered, detailing PSU routing, uncorrected records, and requested corrective actions. 2. Chief Redfearn’s Nov 7, 2025 email — stating supervisory authority over PSU and declining any PSU investigation (conflict). 3. Council Oversight Petition & Clerk acknowledgment — prior filing showing this matter is before Council and the Clerk; please supplement that record with this email and exhibits. (If larger than email limits, I will provide a download link and deliver physical copies to the Clerk on request.)

described in the attached complaint materials. Please produce within 21 days of this request or, if a delay is sought, provide the statutory certification required by law and a date certain for release. If any redaction is claimed, identify the specific statutory subsection and produce all segregable portions.

Unsworn Declaration (Colorado) I declare under penalty of perjury under the law of the State of Colorado that the facts stated in my complaint, this supplement, and the attached exhibits are true and correct to the best of my knowledge and belief. Executed on November 8, 2025, in Los Angeles, California. Signature: /s/ Michael S. Joseph Michael S. Joseph michaelsjoseph@gmail.com | 303-817-1372 2525 Balsam Drive, Boulder, CO 80304 (disability-designated Homestead) ᐧ

From: To: Cc: Subject: Date:

Michael Joseph City Clerk"s Office Brockett, Aaron; Adams, Taishya; Benjamin, Matthew; Folkerts, Lauren; Marquis, Tina; Schuchard, Ryan; Speer, Nicole; Wallach, Mark; Winer, Tara; Rivera-Vandermyde, Nuria; Toro, Luis; Redfearn, Stephen; Daun, Sherry Re: Supplemental Chapter 7 Filing — Outside, Neutral Investigator Required; Chief Redfearn Recusal & Inclusion; Public Transparency Tuesday, November 11, 2025 2:46:06 PM

External Sender Notice This email was sent by an external sender. Subject: Lodging Confirmation & Procedural Directives — Code of Conduct (B.R.C. ch. 27): Outside Investigator Appointment; Chief/PSU Recusal; Transparency & Preservation To: cityclerksoffice@bouldercolorado.gov Cc (entire Council): brocketta@bouldercolorado.gov; adamst@bouldercolorado.gov; benjaminm@bouldercolorado.gov; folkertsl@bouldercolorado.gov; marquist@bouldercolorado.gov; schuchardr@bouldercolorado.gov; speern@bouldercolorado.gov; wallachm@bouldercolorado.gov; winert@bouldercolorado.gov Cc (executive/oversight): Rivera-VandermydeN@bouldercolorado.gov; Luis Toro <ToroL@bouldercolorado.gov>; PoliceOversightPanel@bouldercolorado.gov; "Daun, Sherry" <dauns@bouldercolorado.gov> Cc (notice only): sredfearn@bouldercolorado.gov City Clerk and Members of Council, Please supplement and confirm the lodging of my pending Code of Conduct (B.R.C. ch. 27) complaint and the attached exhibits, previously filed and served on City leadership, including the Police Chief and oversight offices. This email seeks: (1) docketing confirmation; (2) recusal of the Chief/PSU chain; (3) appointment of outside, neutral counsel under B.R.C. §§ 2-7-10(c), 2-7-12; (4) evidence-preservation orders; (5) statutory video disclosure timelines; (6) IPM classification and POP calendar placement; and (7) public transparency commitments so residents can see how public resources are used.

custodians covering: BWC/dash, CAD/dispatch, radio, Flock/ALPR queries and hotlist activity, officer reports/notes, email/text/chat (including Teams/Slack), and Webex/access logs. Please provide the IT custodian’s hold notice and scope. 5. Statutory video disclosure (21-day rule). Acknowledge and calendar the C.R.S. § 2431-902(2) requirement to release all unedited recordings associated with the misconduct complaint(s). If seeking any delay, provide the specific statutory certification, the narrow subsection invoked, and a date-certain. 6. Records & directives. Produce or index with particularity any directives/emails (including those referenced around Aug 7, 2025) that governed PSU routing, patrol stand-downs, or “legal advisor” instructions. Where privilege is asserted, provide a segregable-facts release and a privilege log. 7. IPM/POP lane. Confirm Independent Police Monitor classification of my complaint and Police Oversight Panel placement on the next available agenda, with Monitor participation in interviews and access to full investigative materials. 8. Public-facing transparency. Post a status page naming the outside investigator, scope, and target milestones, and commit to publishing the findings of fact, conclusions, and recommended remedies at close, with only legally required redactions. 9. Victim-protection & non-retaliation. Confirm written non-retaliation assurances and designate a City liaison for safety logistics (e.g., civil standbys, property access), consistent with state Victim Rights Act principles and City policy. 10. Response deadline. Please provide Items 1–9 within seven (7) calendar days of this message.

Why independence is required (summary for the record) The record already before you shows that the PSU reports through the Chief and that a noinvestigation determination regarding PSU has been made within that chain—rendering the Chief both a fact witness and a subject. Keeping a PSU-focused complaint inside that chain defeats impartial review and undermines public trust. To shed light on what’s documented, the City should wall off BPD leadership, appoint outside counsel, and commit to transparent disclosures so residents can see precisely how public resources are being used.

Requests (time-certain) 1) Recusal order. Please recuse Chief Redfearn, PSU, and any BPD personnel in that supervisory line from screening, assigning, or deciding this complaint. Note: Chief Redfearn’s Nov 7 message already reflects a prior disposition, confirming the need to wall off the chain of command. 2) Appointment of outside, neutral investigator. Please retain special counsel unaffiliated with BPD or the City Attorney’s Office to: (a) define scope; (b) conduct witness interviews (with the Independent Police Monitor invited to attend); (c) review records; and (d) issue findings and recommendations to Council. 3) Evidence-preservation & access. Issue a litigation hold and instruct preservation/collection of: PSU files; body-worn and dash video; CAD/dispatch and radio; call logs; Flock/ALPR alerts and hot-list queries; email, text, and collaboration-platform messages for relevant BPD command and City Attorney liaisons; and Webex/meeting-access logs referenced in my filings. Confirm preservation in writing. 4) Transparency commitments (for residents). Post on the City website: investigator name, engagement letter/scope, and a public status page with milestone dates. At conclusion, publish findings of fact, conclusions, and any policy recommendations, with narrowly tailored redactions only where legally required. Provide Council and the public a summary of any remedial training, policy changes,

or discipline adopted. 5) Timeline. Please confirm Items 1–4 within 7 calendar days of this message and provide the outside investigator’s proposed schedule for interviews and document production.

Statutory records request (concurrent) This email also serves as my request under C.R.S. § 24-31-902(2) for all unedited bodyworn and dash-camera video/audio and related CAD/dispatch for the incidents described in the attached complaint materials. Please produce within 21 days of this request or, if a delay is sought, provide the statutory certification required by law and a date certain for release. If any redaction is claimed, identify the specific statutory subsection and produce all segregable portions.

From: To: Cc: Subject: Date: Attachments:

Michael Joseph City Clerk"s Office Brockett, Aaron; Adams, Taishya; Benjamin, Matthew; Folkerts, Lauren; Marquis, Tina; Schuchard, Ryan; Speer, Nicole; Wallach, Mark; Winer, Tara; Rivera-Vandermyde, Nuria; Toro, Luis; Redfearn, Stephen Supplemental Chapter 7 Filing — Outside, Neutral Investigator Required; Chief Redfearn Recusal & Inclusion; Public Transparency Saturday, November 8, 2025 7:47:06 AM Gmail - Complaints.pdf Official PSU complaint.pdf Gmail - RE_ II. Council Oversight Petition & Complaint (Mayor_Council Filing) - RECEIVED (with police hunting).pdf

External Sender Notice This email was sent by an external sender. Subject: Supplemental Chapter 7 Filing — Outside, Neutral Investigator Required; Chief Redfearn Recusal & Inclusion; Public Transparency To: cityclerksoffice@bouldercolorado.gov Cc (entire Council): brocketta@bouldercolorado.gov; adamst@bouldercolorado.gov; benjaminm@bouldercolorado.gov; folkertsl@bouldercolorado.gov; marquist@bouldercolorado.gov; schuchardr@bouldercolorado.gov; speern@bouldercolorado.gov; wallachm@bouldercolorado.gov; winert@bouldercolorado.gov Cc (executive): Rivera-VandermydeN@bouldercolorado.gov; ToroL@bouldercolorado.gov Cc (for notice only): sredfearn@bouldercolorado.gov City Clerk Johnson, Mayor Brockett, and Members of the Boulder City Council, I respectfully submit this supplement to my B.R.C. Chapter 2-7 Code of Conduct complaint and ask that it be entered in the official record. This filing seeks recusal of the Boulder Police Department chain of command (including Chief Stephen Redfearn) and the appointment of an outside, neutral investigator. It also sets out transparency and evidence-preservation steps to protect both the public and the City.

Conflicts requiring recusal and outside investigation

On Nov 7, 2025, Chief Redfearn—who directly supervises PSU—stated he had reviewed these matters and that BPD would not proceed with any investigation into PSU employees. That prior merits determination by the supervisor of the subject unit creates an unavoidable conflict of interest. My Oct 5, 2025 Official PSU Complaint documents diversion of patrol matters into PSU, uncorrected records, and oversight failures, placing the PSU leadership and chain of command squarely within the scope of the complaint. Because the Chief has both notice and decision-maker involvement, he is a fact witness and potential subject. He cannot serve as reviewer or gatekeeper.

Please confirm Items 1–4 within 7 calendar days of this message and provide the outside investigator’s proposed schedule for interviews and document production.

From: To: Cc: Subject: Date: Attachments:

Michael Joseph City Clerk"s Office Redfearn, Stephen; Brockett, Aaron; Adams, Taishya; Benjamin, Matthew; Folkerts, Lauren; Marquis, Tina; Schuchard, Ryan; Speer, Nicole; Wallach, Mark; Winer, Tara; Rivera-Vandermyde, Nuria; Toro, Luis Re: Complaints Saturday, November 8, 2025 7:42:03 AM image001.png Official PSU complaint.pdf Gmail - RE_ II. Council Oversight Petition & Complaint (Mayor_Council Filing) - RECEIVED (with police hunting).pdf Gmail - Complaints.pdf

Conflicts requiring recusal and outside investigation

Please confirm Items 1–4 within 7 calendar days of this message and provide the outside investigator’s proposed schedule for interviews and document production.

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On Fri, Nov 7, 2025 at 12:55 PM Redfearn, Stephen <RedfearnS@bouldercolorado.gov> wrote:

Mr. Joseph,

I wanted to follow up on your communications with me and others regarding your desire to file complaints against the Professional Standards Unit (PSU) regarding the handling of cases that you were involved in. The two PSU sergeants report directly to me, and as their direct supervisor, I have reviewed these matters and find no cause for an investigation.

We will not be proceeding with any investigations into the PSU employees at this time, and there is no indication that any policy violations have occurred involving any members of PSU relevant to your investigations.

Best,

Stephen F. Redfearn Chief of Police “Willing to Serve, Ready to Protect”

O: # 303-441-4312 Redfearns@bouldercolorado.gov Boulder Police Department

1805 33rd Street | Boulder, CO 80301 bouldercolorado.gov

From: To: Cc: Subject: Date:

Michael Joseph Rivera-Vandermyde, Nuria; Toro, Luis; City Clerk"s Office Police Oversight Panel; Daun, Sherry; Tate, Teresa; Brockett, Aaron; Adams, Taishya; Benjamin, Matthew; Folkerts, Lauren; Marquis, Tina; Schuchard, Ryan; Speer, Nicole; Wallach, Mark; Winer, Tara Re: II. Council Oversight Petition & Complaint (Mayor/Council Filing) - RECEIVED Saturday, November 8, 2025 7:35:02 AM

Subject: Follow-up: Confirm independent outside investigation — public trust, safety, and fiscal stewardship (B.R.C. §§ 2-7-10(c), 2-7-12) To: City Clerk’s Office cityclerksoffice@bouldercolorado.gov; City Manager Nuria RiveraVandermyde; City Attorney Luis Toro Cc: Mayor & City Council (all members); Police Oversight Panel; Independent Police Monitor; Teresa Tate (CAO) Dear City Clerk, City Manager Rivera-Vandermyde, and City Attorney Toro, Thank you for acknowledging my Chapter 7 Code of Conduct complaint. As a Boulder resident and taxpayer, I need written confirmation that the City will retain neutral outside counsel to conduct this investigation—not the City Attorney’s Office or any party who may be a fact witness or subject of the review. This is a matter of public trust, community safety, and responsible use of public resources. To ensure a process the People of Boulder can rely on, please confirm the following: 1. Outside appointment & recusals — The City Attorney’s Office will recuse, and the City will retain independent outside counsel to lead the investigation with no CAO supervisory role. If Chief Redfearn or CAO personnel are potential fact witnesses, they should likewise be walled off from any oversight of the investigation. 2. Council authorization & oversight (B.R.C. § 2-7-10(c)) — Whether Council action is required for scope/appointment and, if so, when it will be docketed. Please confirm Council’s commitment to independent oversight and public reporting consistent with § 2-7-12. 3. Fiscal accountability & cost transparency — The funding source, procurement path, and an estimated budget for outside counsel; quarterly invoice summaries (with appropriate redactions) and time-keeper rate disclosures so residents can see how our dollars are being spent. 4. Scope letter & specific issues — A short scope letter identifying the questions to be answered, the records categories to be collected (including dispatch/CAD logs and internal communications), and the interview plan—with a stated timeline for milestones and completion. 5. Preservation & CORA-ready recordkeeping — A litigation hold and commitment to maintain CORA-ready files, including a privilege log for any withholdings, and publication of the final written findings in accordance with Chapter 7. 6. Community transparency — A plan for a public executive summary of findings and a channel for community

input (written comments accepted into the record), so residents have visibility into how police and city resources were used and how corrective actions will be implemented. Given the urgency and the community’s interest in independent, conflict-free review, please provide this confirmation by Wednesday, November 12, 2025. If open-meetings constraints apply, the Clerk may circulate to Council in bcc while ensuring the body is fully informed. This request is not adversarial—it is about restoring confidence that Boulder’s limited resources are used lawfully, fairly, and transparently, and that safety and accountability come first. Respectfully, Michael S. Joseph michaelsjoseph@gmail.com 2525 Balsam Dr., Boulder, CO 80304 Attachments available upon request: prior filings and correspondence acknowledging the complaint and requesting outside appointment under B.R.C. Chapter 7. ᐧ

On Wed, Nov 5, 2025 at 7:05 AM Michael Joseph <michaelsjoseph@gmail.com> wrote: Subject: Ensuring an independent, trusted investigation under B.R.C. Ch. 7 — confirmation requested Nuria, Thank you for acknowledging my Chapter 7 complaint and for initiating an investigation. I share your goal of getting this right for the People of Boulder, and I want to ensure we follow the Code precisely and preserve public trust. Under B.R.C. § 2-7-10(c), the City Manager (for city-employee matters) or City Council (for all others) requests the City Attorney to conduct an investigation; that same section recognizes the need for special counsel where there is a conflict or appearance of impropriety. Separately, B.R.C. § 2-7-12 requires the City Attorney to appoint neutral outside counsel whenever a reasonable person would question the office’s objectivity. In this instance, internal counsel has already been involved in the underlying facts (records/BWC/CAD questions, “legal blessing” requests), and the Police Chief has stated he was consulting the City Attorney’s Office on “next steps” before meeting. Given the potential conflicts and appearance concerns, proceeding externally seems necessary. To align with the Code and public confidence, could we please: 1. Confirm outside counsel and CAO recusal. Please confirm that a neutral outside investigator—not supervised by CAO—will be appointed under § 2-7-12 and § 2-710(c). 2. Formalize Council’s role (if any non-employees are in scope). If the investigation reaches beyond city-employee conduct, please docket a City Council request under § 27-10(c) so the referral is properly authorized. 3. Publish scope & timeline. Provide a short scope letter (issues to be examined, key questions, categories of records) and a target timeline.

4. Commit to transparency at completion. Publish the written findings of fact and conclusions of law as required by § 2-7-10. 5. Preservation & privilege log. Issue a hold on all relevant records and provide a privilege log for any withheld items, producing segregable, non-privileged portions promptly. Kindly confirm the plan by Friday, November 7, 2025, including: CAO recusal and the use of outside counsel; whether Council action is needed and, if so, when it will be docketed; the outside counsel’s name (or the procurement timeline) and a primary point of contact; the date the scope letter will be shared; and that a preservation directive and privilege-log process are in place. If helpful, I can provide a brief index of the specific messages demonstrating CAO’s prior involvement so the outside investigator has a clean starting record. Thank you, Nuria, for partnering on an approach the community can trust. Respectfully, Michael ᐧ

On Tue, Nov 4, 2025 at 4:57 PM Rivera-Vandermyde, Nuria <RiveraVandermydeN@bouldercolorado.gov> wrote: Mr. Joseph I wanted to acknowledge your submission of a complaint alleging violations of our Code of Conduct rules per B.R.C. Chapter 7. By virtue of this same email, I am requesting the City Attorney's Office initiate an investigation pursuant to B.R.C 2-7-10 (c). Please know all Council Members are receiving this communication but are bcc'd so as to avoid any inadvertent violation of our open meetings laws. Thank you. Nuria Rivera-Vandermyde City Manager (pronouns: she/her/ella) What's This?<https://www.mypronouns.org/what-and-why>

[CMO_lockup_COBlogo]

O: 303-441-3090

riveravandermyden@bouldercolorado.gov<mailto:riveravandermyden@bouldercolorado.gov>

City Manager’s Office 1777 Broadway | Boulder, CO 80302 BoulderColorado.gov<http://www.bouldercolorado.gov/>

________________________________ From: City Clerk's Office <cityclerksoffice@bouldercolorado.gov> Sent: Friday, October 31, 2025 1:54 PM To: Michael Joseph <michaelsjoseph@gmail.com>; Brockett, Aaron <BrockettA@bouldercolorado.gov>; Adams, Taishya <AdamsT@bouldercolorado.gov>; Benjamin, Matthew <BenjaminM@bouldercolorado.gov>; Folkerts, Lauren <folkertsl@bouldercolorado.gov>; Marquis, Tina <marquist@bouldercolorado.gov>; Schuchard, Ryan <schuchardr@bouldercolorado.gov>; Speer, Nicole <SpeerN@bouldercolorado.gov>; Wallach, Mark <WallachM@bouldercolorado.gov>; Winer, Tara <winert@bouldercolorado.gov> Cc: Rivera-Vandermyde, Nuria <Rivera-VandermydeN@bouldercolorado.gov>; Toro, Luis <ToroL@bouldercolorado.gov>; Police Oversight Panel <PoliceOversightPanel@bouldercolorado.gov>; Daun, Sherry <dauns@bouldercolorado.gov>; City Clerk's Office <cityclerksoffice@bouldercolorado.gov>; Tate, Teresa <TateT@bouldercolorado.gov> Subject: RE: II. Council Oversight Petition & Complaint (Mayor/Council Filing) RECEIVED Good afternoon Mr. Joseph,

Thank you for contacting the City Clerk’s Office.

Your below complaint has been received, will be reviewed, and processed accordingly.

Please contact me with any questions you may have.

Kindest regards,

Elesha Elesha M. Johnson, CMC, CRA City Clerk/Records Manager [cid:image001.png@01DC4A6D.EF5380B0]

City Clerk’s Office 1777 Broadway | Boulder, CO 80302 cityclerksoffice@bouldercolorado.gov<mailto:cityclerksoffice@bouldercolorado.gov> 303.441.4222

From: Michael Joseph <michaelsjoseph@gmail.com> Sent: Friday, October 31, 2025 11:49 AM To: Brockett, Aaron <brocketta@bouldercolorado.gov>; Adams, Taishya <adamst@bouldercolorado.gov>; Benjamin, Matthew <benjaminm@bouldercolorado.gov>; Folkerts, Lauren <folkertsl@bouldercolorado.gov>; Marquis, Tina <marquist@bouldercolorado.gov>; Schuchard, Ryan <schuchardr@bouldercolorado.gov>; Speer, Nicole <speern@bouldercolorado.gov>; Wallach, Mark <wallachm@bouldercolorado.gov>; Winer, Tara <winert@bouldercolorado.gov> Cc: Rivera-Vandermyde, Nuria <rivera-vandermyden@bouldercolorado.gov>; Toro, Luis <ToroL@bouldercolorado.gov>; Police Oversight Panel <PoliceOversightPanel@bouldercolorado.gov>; Daun, Sherry <dauns@bouldercolorado.gov>; City Clerk's Office <cityclerksoffice@bouldercolorado.gov> Subject: Re: II. Council Oversight Petition & Complaint (Mayor/Council Filing)

External Sender Notice This email was sent by an external sender. Dear City Clerk -

Please confirm receipt and sufficiency of my filing.

Thank you,

Michael

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On Fri, Oct 31, 2025 at 10:46 AM Michael Joseph <michaelsjoseph@gmail.com<mailto:michaelsjoseph@gmail.com>> wrote: II. Council Oversight Petition & Complaint (Mayor/Council Filing) To: Mayor & City Council, City of Boulder Cc: City Manager; City Attorney; Independent Police Monitor; Police Oversight Panel; City Clerk From: Michael S. Joseph — michaelsjoseph@gmail.com<mailto:michaelsjoseph@gmail.com> (ADA email channel) Date: October 31, 2025 Subject: Petition for Council Oversight, Direction, and Independent Review — City Manager Accountability A. Purpose I petition the Council to exercise its oversight authority to (1) accept and docket this complaint for Council‑level review; (2) direct the City Manager to implement immediate corrective actions; and (3) authorize an independent, external investigation into the governance failures summarized below. B. Core Issues for Council Action 1) PSU Gatekeeping & Service Denial: Council should require (a) written confirmation that any instruction to route my calls to PSU is rescinded, (b) CAD creation and timely dispatch as standard practice, and (c) quarterly reporting on PSU referrals vs. patrol dispatch for similarly situated complainants. 2) ADA Title II Compliance: Direct the City Manager to designate a single ADA point of contact for my matter, honor email‑only communication as a reasonable modification, memorialize the interactive‑process steps, and provide Council with a 30‑day ADA compliance report. 3) Evidence & Records: Require (a) production of June 8, 2025 body‑worn camera and related materials, (b) CCJRA/CORA fulfillment with privilege logs for any withholdings, and (c) rolling partial productions when full production is not yet possible. 4) Notice & Transparency: Acknowledge that Councilmembers and senior staff have had actual and constructive notice for months; require a public‑facing timeline and status page for the investigation and corrective actions. C. Findings Requested from Council • The pattern described here undermines equal service, erodes ADA compliance, and impairs public confidence. Council should make preliminary findings to that effect and direct the City Manager to implement the process fixes above immediately, subject to independent

verification. D. Deliverables & Timeline • Within 7 calendar days: (i) name of independent investigator; (ii) confirmation of litigation hold; (iii) designation of single senior POC for my matter; (iv) plan to clear the current records backlog; (v) written confirmation that patrol‑dispatch will not be replaced by PSU gatekeeping. • Within 30 calendar days: public report on ADA process steps taken and metrics (acknowledgments/POC assignments, PSU vs. patrol routing, CAD creation, evidence production dates). E. Exhibits (non‑exhaustive) Exhibit Index (attach all) A. Gmail - NOTICE OF VOID ORDERS, ADA ACCOMMODATIONS, LIABILITY EXPOSURE & FORMAL DAMAGES STATEMENT (42 U.S.C. §§ 1983, 1985, 1986; ADA Title II; Monell; C.R.S. § 13-21-131, etc.).pdf B. Gmail - PSU Complaint Addendum.pdf C. Gmail - Why is Sgt Compton Hunting me_.pdf D. Gmail - Personal Property Deprivation.pdf E. Gmail - Subject_ Request for Meeting – DV Stalking Enforcement & Misconduct Resolution.pdf F. Gmail - Council Oversight Requested_ Documented BPD Misconduct Pattern — Please Acknowledge Within 2 Business Days.pdf G. Gmail - Seargeant’s Asking for Legal Blessing.pdf H. Gmail - Suspect Identity Confirmation.pdf I. Gmail - Notice of knowingly false department narrative; PSU gatekeeping used to suppress (not cure) misconduct; demand for operational intake, record correction, and preservation.pdf J. Gmail - One-Sided Reporting (replete with misrepresentations).pdf K. Gmail - Immediate safety fix & CAD directive for 2525 Balsam Dr (Sept 19 dispatch failures).pdf L. Gmail - Index of “30,000” items.pdf M. Gmail - Oct 4 2025_ Unequal treatment — all the indicators (Why is Boulder choosing to harm me _ my family_).pdf N. Boulder, CO Municipal Code (code of conduct).pdf F. Closing I appreciate Council’s attention. I am seeking equal service, accessible communication, and a professional, independent review that restores confidence. Please calendar this item, open a Council oversight docket, and provide written acknowledgment with a schedule. Respectfully submitted, /s/ Michael Joseph Michael S. Joseph Boulder resident since 2003 michaelsjoseph@gmail.com<mailto:michaelsjoseph@gmail.com>

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