Boulder – Boulder City Councilman Richard Polk apologized to the community Tuesday night for his arrest on suspicion of driving under the influence of drugs a week ago.
But Polk said he would like to keep his seat on the council.
“I made a mistake that I deeply regret,” a visibly shaken Polk said at the first council meeting since his arrest. “I’ve embarrassed myself, my family, my friends, my fellow council members and the community.”
Polk was arrested Sept. 25 after a Boulder police officer noticed him driving erratically. The officer smelled a strong odor of marijuana when he approached Polk.
When the officer confronted Polk about the smell, Polk said, according to an arrest record, “Wait, can we do something else? I am a Boulder City Council member. I’m embarrassed.”
Officers confiscated two small bags of marijuana and a wooden pipe from Polk’s car, according to the report.
Boulder’s charter prohibits council members from serving if they have been convicted of “a crime or a felony.” The city attorney has said it is unclear whether “crime” would include the misdemeanor charges Polk currently faces.
Boulder Mayor Mark Ruzzin said at the meeting that the council would wait for Polk’s court proceedings to be completed before deciding how to interpret the charter. Polk is scheduled to be arraigned Nov. 6.
“The council has no authority, independent of the charter, to address this matter,” Ruzzin said.
Polk said he understands his credibility has been damaged but said he would like to stay on the council. He said he has sought treatment since his arrest to deal with personal problems.
“I understand the voters have placed a measure of trust in me that has now been shaken,” Polk said. “… I am confident that, despite this incident, I am fully capable of fulfilling my council duties and completing the work I was elected to do.”
Boulder’s charter provision requiring council members convicted of crimes to step down is not uncommon, said Sam Mamet, executive director of the Colorado Municipal League.
Most cities require felony convictions before the provisions kick in, and in the past eight years at least four council members in Colorado cities have resigned after either being convicted of a felony or getting in trouble with the law. More recently, however, a Northglenn councilman was allowed to keep his seat after pleading guilty in June to a misdemeanor harassment charge.
Following his arrest, Polk was taken to the Boulder police department, where he was issued a summons and sent home in a taxi. An officer drove Polk’s car to a parking space behind his business, Pedestrian Shops, on the Pearl Street Mall.
But Boulder Police Chief Mark Beckner said Tuesday that Polk did not receive preferential treatment by not being taken to the Boulder County Jail.
“His arrest was handled like many others were handled in the past, with people facing similar charges,” Beckner said.
Staff writer John Ingold can be reached at 720-929-0898 or jingold@denverpost.com.
