A Denver City Council committee is aiming to increase transparency when it comes to non-monetary legal settlements made by the Department of Public Safety.

City officials agreed Wednesday to advance a proposed addition to the city code that would establish a formal policy for disclosing details of the city’s non-monetary settlement obligations.

Non-monetary settlements refer to the resolutions of disputes where the parties agree to terms that do not involve direct cash payments, but rather actions or agreements that address the underlying issues of the case.

These types of settlements may involve actions such as the elimination of or requirement for certain kinds of equipment such as body cameras, enhanced training and restrictions on use of force policy.

Until now, there has not been a formal policy or ordinance requiring the disclosure of non-monetary settlements.

The proposed changes would require the city attorney’s office to provide the Citizens’ Oversight Board (COB) with copies of any final settlement agreements related to the Department of Safety that include nonmonetary terms or commitments.

The COB is a body made up of nine community members who are broadly tasked with overseeing the Department of Public Safety and the Office of the Independent Monitor. They play an advisory role in matters of public safety, including policy recommendations.

“These non-monetary provisions are often critical to making structural changes that can prevent future harm, and proposed ordinance changes will allow us to monitor the extent to which these important commitments are complied with over the years,” said COB Chair Julia Richman. “There have been several examples of non-monetary settlement terms that have driven large and lasting improvements.”

Unfortunately, Richman added, there have also been examples of terms where the “the city has either not fully complied with or done the bare minimum to comply with, denying the potential benefits to our community and increasing the chances of another tragedy.”

The new section to the code requires full cooperation from the city’s safety departments – Department of Public Safety, Denver Police Department, Denver Sheriff’s Department and the Denver Fire Department – and mandates written explanations for delays or denials, according to District 3 Councilmember Jamie Torres.

Along with the opportunity for OIM to participate in policy development, the proposed measure would require that within 30 days of a final settlement or 30 days of council approval, the city attorney must forward the full agreement to the OIM in cases of “allegations of improper conduct by public safety and agreements that require some kind of departmental action,” Torres added.

This would not apply to settlements involving discipline, disqualification, or appeals initiated by uniformed personnel.

Since 2022, $17.3 million has been paid out in legal settlements, city officials said, and many lacked transparency on non-monetary terms.

Three such cases were cited as specific examples by Torres:

In the 2018 case of prisoner Michael Marshall, $4.65 million was paid out, and the city agreed to future mental health reforms. However, the city failed to report and preserve compliance and settlement documents.

A 2014 jail abuse case of Jamal Hunter yielded an agreement with the city that not only included a $3.25 million payout, but an independent review of the sheriff’s department and the city attorney’s office. No final report was delivered.

The family of Emily Rice, who died in custody in the Denver City Jail in 2006, reached a $3 million settlement with Denver Health in 2008, prompting a change in training and medical care procedures, known as “Emily’s Protocols.”

City officials noted that some voluntary disclosure of settlements has already begun, but insist that more formalized guidelines are needed.

The measure is slated for its next stop at the Aug. 12 meeting of the mayor and City Council.

A first reading is anticipated on Aug. 18 and a second on Aug. 25.