NAACP Boulder County is a local branch of the national NAACP in good standing. The mission of the NAACP is to “achieve equity, political rights, and social inclusion by advancing policies and practices that expand human and civil rights, eliminate discrimination, and accelerate the well-being, education and economic security of Black people and all persons of color.”

NAACP Branches across the country often find themselves in the position of holding police accountable for killing and brutalizing Black people. Due to repeatedly ignored concerns for the well-being and safety of all in the Boulder community, NAACP asked for the resignation of Stephen Redfearn when he was deputy chief, objected to him being named interim chief, and, not surprisingly, continue to oppose his hiring as chief. Redfearn has a concerning history with the Aurora Police Department, Elijah McClain’s murder and the aftermath. NAACP Boulder County is acting in good faith, in service to our mission and our community in adamantly opposing this hire.

The city’s desire to paint NAACP Boulder County as “unethical” is disingenuous considering the underhanded ways (with full access to the press) they have used to misrepresent the organization. Evidently, the city can use whatever means necessary, but community groups are supposed to adhere to their arbitrary assessment of etiquette that equates to silence for all others.

Boulder’s City Manager, Nuria Rivera-Vandermyde, has, in our view, consistently spread false and misleading information about Redfearn’s record and actions. Redfearn was no hero for declaring Elijah McClain’s murder a “critical incident.” He was no hero for changing the call log from “suspicious person” to “assault on an officer.” He certainly did not call for an independent review of the incident, and, we believe, his actions cannot be construed as anything but an effort to avoid transparency and accountability in support of the “blue brotherhood.”

Rivera-Vandermyde would like to paint Redfearn as culturally competent due to his status as a gay man. Redfearn is a large white male, definitively part of the dominant culture. His sexual orientation does not give him a pass on racial bias. Being gay does not preclude being anti-Black. Being gay has nothing to do with the objections of the NAACP Boulder County to Redfearn’s hiring. Being demonstrably anti-Black does. The city appears to have reverted to age-old racist tactics of sowing division, trying to pit the LGBTQ community against the NAACP in an attempt to divert legitimate evidence-based objections to Redfearn’s hiring. It is without merit to present this as a case of LGBTQ bias.

The intent in taping the “mediation” between the NAACP and the city was originally only for NAACP’s own records. When it became clear that the city had no intention of taking our concerns over Redfearn under consideration, nor were they willing to offer any compromises, nor were they willing to acknowledge the inappropriateness of Redfearn’s behavior witnessed by all in the meeting, the NAACP felt the truth was being compromised by remaining silent.

The NAACP would not, and did not, sign any legally binding confidentiality agreement, knowing from previous experience that the city seems to have been, and has been, looking for litigious opportunities to stop the organization from speaking out about Redfearn’s history. Consequently, NAACP has had to be meticulous about the accuracy of the evidence put out for the last two years.

And, for clarity, Colorado is a one-party consent state. “Colorado laws on recording in-person conversations allow you to tape any conversations you participate in, even if no one else knows you are taping it,” according to the Colorado Legal Defense Group.

Well before the transcript was made public by NAACP Boulder County, it became apparent that portions of what was said were shared with at least one city council member, in clear violation of the “confidentiality” agreement. NAACP members attended the mediation in good faith and instead were felt to have been intentionally misled as to its purpose and intent. The organization was manipulated into a performative sham and ultimately turned to the recording for proof of our concerns.

NAACP Boulder County chose to expose uncomfortable truths because we would not be complicit in helping the city hide them. To make this about ethics is absurd, unless the city wishes to answer to their own unethical and spurious conduct.

Darren O’Connor, NAACP Chair of Criminal Justice writes, “The recording now allows us to defend ourselves with the truth of what was said in the meeting, which the city manager has greatly mischaracterized to paint herself and Redfearn as victims instead of two of the most powerful people in local government who have abused that power to the detriment of the safety of our community.”

Police Oversight Panel members are chosen by the city manager, the police monitor and police chief are hired by the city manager. Evidently, City Manager Rivera-Vandermyde is not required to value or act on community input in any of these decisions around public safety. Originally community members did have decision-making power over Police Oversight Panel candidates, however, using questionable ethics/tactics of their own, the city put an end to that. Interestingly, city council members told the community to stop coming to them with their complaints over Redfearn because they were not responsible for hiring him. However, elected city council members are responsible for appointing the city manager. Where does the buck stop?

The “mediation” in question was not, in fact, a confidential mediation — it was, we feel, a facilitated discussion designed to cajole NAACP Boulder County into accepting Redfearn’s hiring. NAACP was expected to get in line and affirm this preordained hire or be silent.

The transcript is available in its entirety here: tinyurl.com/2629mva5.

Jude Landsman is the vice president of NAACP Boulder County. The NAACP advocates, agitates and litigates for the civil rights due to Black America.