Boulder – A City Council member here was arrested on suspicion of driving under the influence of drugs, police said Tuesday.
The arrest came after an officer noticed E. Richard Polk driving erratically and then confiscated about 2 grams of marijuana from his car, police said.
The arrest could lead to Polk’s losing his seat on the council – a provision in the Boulder city charter says council members convicted of a “crime or a felony” while in office can no longer serve.
Reached Tuesday night, Polk declined to discuss the arrest.
“I feel terrible about it,” he said.
A Boulder police officer pulled Polk over about 8:40 Monday night near 15th and Pearl streets after noticing Polk driving slowly, straddling lane lines and failing to signal when changing lanes, according to a police report.
When Polk, 56, rolled down his window, the officer reportedly smelled marijuana smoke and asked Polk, whom the officer said had a blank stare and watery eyes, about the smell.
“Wait, can we do something else,” Polk said, according to the report. “I am a Boulder City Council member. I’m embarrassed.”
Polk began to get upset with himself, and when the officer asked Polk to hand over the marijuana, Polk said, “Please don’t do this,” according to the report.
Polk failed roadside sobriety tests and appeared confused, according to the report.
“He was cooperative throughout his contact with officers,” Boulder police spokeswoman Julie Brooks said.
Polk was taken to police headquarters and issued a summons for driving under the influence of drugs and failing to present proof of insurance. He was later released.
During the ride to the police station, according to the report, Polk told an officer, “I know this does not make it better, but if you look at the stuff, it is low-grade stuff.”
Police confiscated two bags of marijuana, a rolling paper and a wooden pipe from Polk’s car, according to the report.
Polk is the owner of Pedestrian Shops, a Boulder shoe store. Elected in November 2005, he is serving his first term and is often seen as a business-friendly voice on a decidedly left-leaning council.
On Tuesday, City Attorney Ariel Calonne said the city charter contains a provision to dismiss any council member who is convicted of a “crime or felony” during their term.
However, Calonne said, it is unclear whether the intended definition of “crime” would cover driving under the influence of drugs, which is a misdemeanor charge.
Calonne said he would not give an opinion on the matter before the council asks him for one.
Boulder Mayor Mark Ruzzin said he learned of Polk’s arrest Tuesday morning. He spoke to Polk later in the day and said Polk was apologetic and concerned about whether his actions would bring shame to the City Council.
“Anytime there’s an issue of concern with one of our council members, we take those issues very seriously,” Ruzzin said.
“As a fellow council member, I’m certainly concerned for Rich ard’s health and well-being,” Ruzzin said.
Staff writer John Ingold can be reached at 720-929-0898 or jingold@denverpost.com.
