On Tuesday, March 15, 2022, the Nederland Board of Trustees (BOT) attended their regularly scheduled meeting, during which Town Staff delivered their official Staff Reports to the BOT. Former Town Marshal Larry Johns of the Nederland Police Department (NPD) delivered his February report to the BOT, which reads as follows:

“Nederland Police was courting an applicant for a couple months after meeting him at Red Rocks Police Academy. He completed all the testing with us and other agencies at the same time. NPD and Grand County Sheriff both had written offers to him. Unfortunately, he chose to take a higher paying position at Grand County.”

“We continue to work with others who are interested in full or part-time employment. However, the pickings are slim. The current climate is truly in favor of the employee,” Marshal Johns’ report reads.

On Tuesday, April 12, Marshal Jennifer Fine-Loven, then a Sergeant, addressed the newly elected Mayor and the BOT at an Orientation Meeting. The purpose of the meeting was for the new Mayor, new Trustees, and new Town Staff to make their formal introductions and review the rules and responsibilities of a town’s BOT.

Fine-Loven, in her introduction, spoke of her goals moving forward as Town Marshal, detailing the NPD’s need for body cameras and for computer systems in their patrol vehicles. She spoke of the need to address recruiting to the department aggressively and the need to have a discussion with the new BOT about police salaries.

“We are close to hiring a part-time officer who comes to us with several years of law enforcement experience,” Marshal Johns wrote in his March report to the BOT, covered during their meeting on April 19. “While he will be a good addition, and a huge help, we still need a full-time officer to fill the gaps. Summer is coming and officers want to take time off with their families.”

“Recruiting, hiring and sending new officers to academy is how most new officers are being hired. The climate is such we have to pay for school and pay them to attend. Last fall we were going to send an applicant but unfortunately that fell through.”

“I am requesting the BOT raise the police wages in the 2023 budget to be somewhat competitive with other agencies in the area,” Marshal Johns continues in his report.

“Last week, incoming Marshal Fine- Loven and I were in a chief’s meeting with chiefs from mostly smaller agencies. Silverthorne PD has raised their annual wage to $102K for a senior officer on the five-year step program. Steamboat Springs raised their wages by $20K across the board. Routt County Sheriffs raised their wages by 18%.”

Marshal Fine-Loven took her Oath of Office on Tuesday, April 19, taking over for retired Marshal Larry Johns. Marshal Fine-Loven was sworn in by then Mayor Julian Taylor, who had been sworn in that same night along with three new Trustees. Marshal Larry Johns’ last day with the NPD was May 6.

“On May 6 we on-boarded a new part- time employee, Terrance Carroll. His first day of training will be May 21,” Marshal Fine-Loven wrote in her first report to the BOT, covered at their meeting on May 10. “We continue to recruit for new officers. We are writing a Field Training program for new recruits. An opening for Sergeant will be posted by next week.”

“We have 3 candidates in backgrounds currently,” Marshal Fine-Loven wrote in her June 21, report to the BOT. “One is a possible sponsor for academy, one is a reserve, the third recently moved here from out of state and comes with many years of experience.”

“NPD has been working with two officers since May 5th. This has required numerous 14 hour shifts with only one officer on duty at a time,” Marshal Fine- Loven’s report reads, indicating that Marshal Johns’ retirement and Officer Erich Gerthe’s resignation had left the NPD in a staffing crisis.

On Tuesday, July 19, Marshal Fine- Loven addressed the BOT about the NPD suffering several officer resignations due to low salaries and extreme overtime hours. Marshal Fine-Loven delivered to the BOT a proposal for the funding needed to save the NPD as well as information on the cost of full-time coverage by the Boulder County Sheriff’s Office (BCSO).

BCSO, in addition to its current contract for overnight coverage, has been providing Nederland with officers who have signed up for “extra duty shifts”, though at an exorbitant cost to the Town.

On July 20, Marshal Fine-Loven became the only full-time officer left on the NPD.

“From what I have observed in the last year and a half the largest department problem is we have either not had the resources, as in the town has not had the resources to invest in us, or they haven’t been willing to and that has been the trend for a long time,” Former NPD Officer J.P. Niehaus, who left the force on July 20, told The Mountain-Ear in an interview on July 21.

“We don’t have computer systems in the car and that is unheard of these days in policing; it puts us at a big disadvantage.”

“It’s been just Chief Fine-Loven and I, and that’s not sustainable. Each of us doing alternating 14-hour shifts solo gets to be extremely dangerous for us as police officers,” Niehaus explained.

On Tuesday, July 26, Marshal Fine- Loven and the BOT discussed possible revenue sources to help fund the NPD. The BOT proposed tax initiatives to be brought as questions on the ballot for the November 8, coordinated election with Boulder County. The BOT reached an impasse in their discussion, with Trustees growing increasingly frustrated at the prospect of being without a sustainable police department, and with only limited coverage from BCSO, until the November election when the funds needed to save the NPD will be voted on.

At that meeting public comment was reserved only for comments pertaining to possible revenue sources. On the official agenda for the Tuesday, August 2, BOT meeting there were many letters from the public in favor of keeping Marshal Fine-Loven and the NPD as Nederland’s community policing force.

“The fact that we are at such a crisis point with something as important as maintaining our community police department is astonishing,” Claudia Schauffler, owner of The Shop, said in her letter of public comment to the BOT for the August 2 meeting. “I can’t understand why town staff and the BOT are acting like they were not aware of the staffing issues, hiring and retaining problem. It is wrong that this has not been addressed before we are in crisis.”

“Chief Fine-Loven is currently working four 14 hour shifts, one 9 hour shift and is on call at least 12 to 16 hours a week when she is not on duty. Does anyone think she can safely work that much?”

“I am genuinely concerned about losing our community policing and even more than that, I am concerned about our safety and well-being if we end up with little or no coverage,” Schauffler concluded.

“I am not a resident of Nederland proper, but live in unincorporated Boulder County,” Elisabeth David said in her letter submitted to the Town on Thursday, July 28. “Currently, I am assessed about 22 mills for Nederland Fire, Ecopass and Library Districts as a resident of the greater Nederland area. Would there be a possibility of implementing some type of mill levy for supplementing the budget of the Nederland Police Department?”

“I think the Town of Nederland has a tax base of about 1,200 and a greater population of about 10,000. I hate to say it, but I doubt the sales taxes I pay annually come close to covering the town services I use and so I, for one, would vote to approve a levy for residents of the greater Nederland Area to supplement the town budget,” David said.

“It was known for many years that retention at the PD is difficult,” Resident Melody Baumhover stated in her letter to the BOT submitted on July 26. “And the same reasons retention is difficult are the same reasons we lost J.P., and are the same reasons everyone has been saying affordable housing is a priority, affordable living is a priority, and living wage salaries are a priority.”

“This is not news. Still, it is ‘new’ in the sense that we have lost a crucial officer. The fact that we didn’t have wiggle room to lose an officer is not ‘new.’ (As I write this, I hear a siren, and hope that Jenn gets some sleep tonight).”

“Please do not think that Fine-Loven is replaceable. She is a one-of-a-kind person that is the perfect fit for Nederland. That is not something to gamble,” Baumhover concluded.

The August 2 meeting was canceled due to a Trustee absence resulting in the lack of a quorum and was rescheduled for Thursday, August 4, at 7 p.m., with a closed Executive Session taking place before the meeting at 6 p.m. Denver7 was present for the Nederland BOT meeting to cover the NPD crisis. However the draft ballot language for proposed tax increases was the only Discussion Item on that meeting’s agenda.

Though the revenue from the tax increases was discussed as being potentially earmarked to fund the NPD at that August 4 meeting, the BOT stated on Tuesday, August 16, that earmarking the funds for the NPD could be troublesome given they “have yet to make a public decision” on the future of the NPD.

The BOT, a day before this statement, held another Executive Session on Monday, August 15, to “conference with legal counsel to receive legal advice related to law enforcement services; to consider and determine positions relative to law enforcement services.” This was the third closed Executive Session held by the BOT since Marshal Fine-Loven and the BOT reached an impasse in their discussion of the NPD crisis back on July 26.

On Tuesday, August 16, Town Administrator Miranda Fisher presented to the BOT a draft supplemental budget for 2022, to fund the NPD, as well as fund Town departments and services that are also suffering from low wages and poor staff retention.

As indicated in the proposal, the supplemental budget would fund the NPD’s budget by $58,760 to continue paying BCSO for extra duty coverage, $6,200 for the cost of officer background checks, and $103,374 to account for wage increases.

The increases, based on Marshal Fine-Loven’s own research and recommendations, feature more competitive salaries of $109,000 to $119,000 for Town Marshal, $85,000 to $95,000 for Sergeant, $65,000 to $80,000 for Police Officer, and $55,000 to $65,000 for Police and Court Clerk.

The figures presented at the August 16 meeting are subject to change as the discussion will continue at the BOT’s special meeting scheduled for August 30.

BCSO Division Chiefs were scheduled on the August 16 meeting’s agenda to attend a Questions and Answers session pertaining to how they can support the NPD and the Town of Nederland. The Division Chiefs were not in attendance for the meeting and the session was canceled.

Marshal Fine-Loven was also unable to attend the Tuesday, August 16, BOT meeting. Her official Staff Report, posted on that meeting’s agenda, reads as follows:

“Officer Carrol has opted not to go full-time as planned due to the instability of the police department. Marshal Fine- Loven worked 140.5 hours her last pay period. No applicants with patrol experience and/or in good standing have applied.”

“Marshal Fine-Loven tried to recruit a couple of retired officers from Aurora and Arapahoe County but it didn’t come to fruition. Marshal Fine-Loven has a meeting with BCSO August 10 to discuss the extra duty contracting agreement and anticipated fee increase.”

“Troy Hendricks has been inundated with evidence processing as we have taken in over 100 pieces of evidence in the last few weeks due to major cases,” the report continues.

“Calls for service have been steady with a consistent component of violence and mental illness. Marshal Fine- Loven is working several felony investigations, an unattended death investigation, a child abuse investigation, and a reckless endangerment investigation which resulted in a child being removed from a home.”

“The police department is limiting services provided due to staffing. We are no longer able to accommodate lockout assists or VIN checks if we are already on a call. If we are available when the call is dispatched, we will respond,” Marshal Fine-Loven’s August 16 Staff Report states.

On Thursday, August 18, Marshal Fine-Loven officially resigned from the NPD as Town Marshal, with her last day of service to the Town of Nederland being September 30. On that Friday the Town of Nederland posted their official statement on Marshal Fine-Loven’s resignation on their website and on social media.

The statement reads: “The Town is fully committed to rebuilding the Nederland Police Department and is looking to bring in an interim Marshal as soon as possible.”

“In addition, the Town is currently working with Boulder County Sheriff’s Office to continue to provide extra duty coverage and will be working with a consultant to complete an extensive recruitment campaign.”

“We want to thank Marshal Fine- Loven for her years of service with the NPD and wish her the best in her future endeavors.”

The Town of Nederland and the BOT have stated their dedication to preserving and upgrading the NPD.

“I am personally saddened that Jennifer Fine-Loven has resigned, and I want to acknowledge her years of excellent service and the positive impact she has had on our community,” Trustee Eric Coombs-Esmail told The Mountain-Ear.

“Even in her resignation, she continues to serve Nederland and support our efforts to build the police department, which is a critical component of our community’s character and our democratic process as a municipality.”

“While I had hoped for a different outcome, I am hopeful that this new path will prove the best option in the uphill battle to establish and sustain the NPD in the long term,” Trustee Coombs-Esmail said.

The BOT will hold a special meeting on Tuesday, August 30, at 7 p.m. to swear in Nederland’s new mayor and new Trustee. The discussion on the ballot language for the November 8, election on proposed tax increases will continue at that August 30 meeting, as will further discussion on the 2022 supplemental budget to help fund the NPD in addition to several other Town departments and services.

The date for the public hearing on the 2022 supplemental budget has been set, by the BOT, for Tuesday, September 6, which is also the deadline for the November 8 ballot language to be approved by the BOT and sent to Boulder County election officials.

The ballot questions, at this time, pertain to a 1% increase to Sales Tax and to instituting a 5% Special Retail Marijuana Sales Tax. Trustees are still debating these numbers, as well as whether or not to include a ballot question of a Property Tax increase. These numbers are subject to change, as is the draft ballot language which would state to the public how the Town plans to allocate the revenue from the proposed tax increases.

The Nederland Board of Trustees meet on the first and third Tuesday of every month. Their next scheduled meeting is a special meeting on Tuesday, August 30, at 7 p.m., followed by a regular scheduled meeting on Tuesday, September 6, at 7 p.m. These meetings can be attended either online or in person at the Nederland Community Center. For more information go to: https:// townofnederland.colorado.gov/board-of- trustees.