Council members who spoke about outgoing law enforcement watchdog Nick Mitchell praised him for his fairness and thorough work.

During his years as Denver’s independent monitor, Mitchell oversaw thousands of investigations into misconduct complaints by Denver Police Department officers and Denver Sheriff Department deputies and issued in-depth reports on the Office of the Independent Monitor’s investigations. 

District 6 Councilmember Paul Kashmann sponsored a proclamation, which was read at Tuesday night’s meeting. 

“The Office of the Independent Monitor, the OIM, may actually be the best friend our safety agencies have in this time, when the people and policies of policing are called into question on a regular basis,” Kashmann said. “The OIM serves to not only ensure accountability and transparency where missteps occur, but to show just as clearly when the facts reveal that those policies and those people have performed as needed and as expected.”

The OIM serves as a watchdog for Denver’s law enforcement agencies. Mitchell announced his resignation in mid-December after his appointment by a federal court to oversee a Department of Justice consent decree with the City of Los Angeles and the Los Angeles County Sheriff’s Department. 

Mayor Michael Hancock’s office appointed Senior Deputy Monitor Gregg Crittenden as interim monitor earlier this month. 

Hancock appoints OIM’s senior deputy monitor as interim office head

Mitchell served as head of the OIM since 2012. The news of his resignation came just a few weeks after the office released a report on the shortcomings of the Denver Police Department’s response to protests against police violence last spring and summer.

During his time as monitor, Mitchell also co-chaired the Denver Sheriff Department’s Use of Force Policy Committee, issued public guidance about the DPD’s use of force policy that led to a rewrite of the policy, and analyzed body-worn camera use by DPD officers.

At-large Councilmember Robin Kniech said Mitchell exceeds expectations for ethics in how he has done his job as Denver’s monitor. She praised what she characterized as his even-keeled ability to make unbiased decisions about law enforcement officers’ conduct when emotions may be running high in the community after an incident.

“Our community sometimes comes to you in great pain, and what they want is for you to indict and blame and light on fire a member of our safety department where someone was hurt at their hands,” Kniech said. “And you’ve had to do that a number of times, but I have watched you with great integrity share how sorry you are for the pain, but that the investigation did not result in a finding that someone was at fault and affirming that decision, which is probably one of the tougher things when people expect you to be finding fault.”

Mitchell kept his own remarks short, saying, “I’m just so grateful to all of you and the partnership that we’ve had together. And thank you so much for this honor.” 

A five-member screening committee headed by Citizen Oversight Board chairman Al Gardner will interview and vet candidates for Mitchell’s permanent replacement, and then submit up to three nominees to submit to Hancock. City Council then has to confirm Hancock’s choice.

The committee will also include a member of City Council chosen by the council president, a current or retired judge chosen by the mayor, the Office of Human Resources executive director and “a person with extensive knowledge of internal police investigations or the monitoring of internal police investigations but who has never been employed by the Denver police, sheriff or fire departments as selected by the mayor.”

Speaking to the Denver Gazette earlier this month, Gardner said transparency will be the paramount feature of the search process for a permanent monitor. He added the mayor’s authority to appoint the monitor does raise concerns about a conflict of interest, because the police chief and sheriff report to the mayor. However, that authority is codified in Denver’s City Charter and would require a public vote to change.

It’s critical, Gardner said, “to make sure that their process is transparent and that there is a point in that process where the citizens can vet the finalists.”

Denver independent monitor to resign, will oversee Los Angeles consent decree