Boulder officials clarify penalties for false testimony in public hearings

During the recent Boulder City Planning Board meeting held on April 6, 2025, significant discussions centered around the implications of providing false information during quasi-judicial public hearings. This topic is particularly relevant as it addresses the integrity of the application process and the potential consequences for applicants who may knowingly or inadvertently mislead the board.

The meeting highlighted the enforcement mechanisms outlined in Title 5 of the Boulder Revised Code, which addresses violations related to false statements made in applications. Board members discussed that while providing incorrect information could lead to legal repercussions, only material misstatements—those that directly influence the board's decision—would be subject to enforcement. For instance, a minor error regarding the year a building was constructed would not constitute a violation if it does not affect the review criteria.

The enforcement of these violations falls under the jurisdiction of city enforcement officers, including the police, and could lead to prosecution in municipal court. The maximum penalty for such offenses could reach up to $2,600, with the possibility of jail time, although the board noted that no cases have been prosecuted under this code in recent history.

Board members also explored the distinction between making a false statement and doing so recklessly, emphasizing the need to prove intent in criminal cases. Recklessness involves a conscious disregard for a substantial risk that the information presented is false, which complicates the enforcement process.

Additionally, the meeting addressed whether members of the public could file complaints regarding perceived falsehoods in land use decisions. It was clarified that citizens could indeed initiate complaints, prompting city investigations to determine if there is probable cause for criminal charges.

In conclusion, the discussions at the Boulder City Planning Board meeting underscored the importance of accurate information in the planning process and the legal frameworks in place to address violations. As the board continues to navigate these issues, the community remains engaged in ensuring transparency and accountability in local governance.