Colorado lawmakers and advocates said they are working on legislation to protect law enforcement officers who report misconduct by their peers.

A similar effort in this year’s legislative session, which law enforcement officials opposed, went nowhere.  

This time around, a group is working with victims, law enforcement officials and others to craft a new proposal in time for next year’s session, lawmakers said.  

The group, chaired by Rep. Jennifer Bacon, D-Denver, the bill’s co-sponsor, hopes to solve several issues, including refining definitions for misconduct and unlawful behavior, and establishing due process for the inclusion and exclusion of information in the Colorado Peace Officer Standards and Training, or POST, database. 

The POST database is an online system that documents certification, training, and basic disciplinary actions regarding police officers.

Advocates of the legislation — such as former Edgewater police officer McKinzie Rees, who said she was forced to resign after reporting being sexually assaulted by a higher-ranking co-worker in 2019 — insist that the system fails victims because investigations and disciplinary actions are often dealt with internally, leaving them in the dark.

Rees was placed into the database with no reference to the fact she had been a whistleblower and even when her attacker pleaded guilty in court and was sentenced to four years probation and required to register as a sex offender.

Reese sued the City of Edgewater and was awarded $575,000 settlement, according to court documents.

The working group will continue to meet throughout the remainder of the year and hopes to have language finalized by December, lawmakers said.

“We have an opportunity to examine our processes and practices to ensure that all peace officers have appropriate pathways for due process and that our policing models function with integrity,” Rep. Chad Clifford said. “It’s important that we provide adequate protections for the people that dedicate their lives to protect us.”

Last year’s House Bill 1460 would have required law enforcement agencies to investigate all reported allegations of officer misconduct. Failure to do so would have constituted workplace discrimination, for which civil action may be initiated.

The bill also would have classified retaliation against a whistleblower as workplace discrimination and prohibited law enforcement agencies from charging fees for the acquisition of bodycam footage, which they are required to provide under a 2020 legislation.

During the last legislative session, opponents argued that the process of crafting the legislation had been insufficient and rushed. 

Arapahoe County Sheriff Tyler Brown said he and other law enforcement officers have made concerted efforts to have a presence within the legislature, especially since the death of George Floyd. However, he said, despite participating in past discussions on multiple law enforcement-related bills, he said was never contacted to discuss this particular bill.

If enacted, Brown said the bill would have significant ramifications. “Any legislation affecting law enforcement must undergo an essential review, incorporating all input from stakeholders to ensure its efficacy and fairness,” he said.

Fourth Judicial District Attorney Michael Allen criticized the bill’s language for being too vague. He said it lacked a clear framework on how law enforcement or legal professionals should define misconduct or unprofessional conduct.