Jan Burton, a former city councilmember and supporter of the Boulder Municipal Airport, has filed a code of conduct complaint against Planning Board Chair Laura Kaplan, an outspoken advocate for repurposing the airport, arguing that her advocacy creates “a serious appearance-of-impartiality concern.”
The complaint, dated June 23, calls for Kaplan to recuse herself from airport matters while serving on the Planning Board. It also requests that the city remove a recent amendment to the Boulder Valley Comprehensive Plan regarding lead pollution and noise impacts from the airport. The city is reviewing the complaint.
Burton’s complaint cites a provision in the city’s code of conduct stating that public officials shall “serve the best interests of the city regardless of his or her personal interest” and perform duties with “impartiality.” Burton does not claim Kaplan has any financial interest in closing the airport.
Kaplan was an organizer with the Airport Neighborhood Campaign, a 2024 ballot measure committee that advocated for closing the city’s airport and repurposing the land for affordable housing. She said Thursday she had read the complaint.
“I understand the city’s code of conduct as well as my role and obligations as a Planning Board member, and that I have faithfully adhered to the code,” Kaplan said. “I am cooperating fully with the City Attorney’s Office evaluation of the complaint.”
The complaint comes as the Boulder City Council debates the future of the city’s airport. Some residents want to close it and repurpose the land for housing. Others see it as a valuable community asset. Located in northeast Boulder, the facility primarily serves private pilots, flight trainees, glider pilots and researchers.
In 2024, the Airport Neighborhood Campaign collected more than 3,000 signatures before pulling the measure, citing a City of Boulder lawsuit against the Federal Aviation Administration. The city said the lawsuit sought clarity on when the city could legally close the airport. The case was dismissed on procedural grounds and the city chose not to appeal.
Earlier this year, the Boulder City Council informally voted to keep the airport operating indefinitely. The decision was controversial because it was made at a study session and would have allowed the city to accept FAA grants requiring it to operate the airport in perpetuity. But council later voted to revisit the decision, committing to hold a public hearing and directing the city attorney to report back on whether it could play a more direct role in deciding whether to accept FAA grants.
The council has tentatively scheduled a public hearing on the airport for July 23.
The complaint stems in part from a June 16 Planning Board meeting during which Kaplan proposed amending the draft Boulder Valley Comprehensive Plan to include language identifying “inequitable impacts of airport operations” on neighboring communities. Dozens of homes sit within a half-mile of Boulder Municipal Airport, including the Vista Village and San Lazaro mobile home communities, which researchers have identified as disproportionately Latino and low-income. Kaplan and others have been particularly concerned about lead pollution from the airport.
A 2024 state analysis found that lead emissions from aircraft had a small but statistically significant effect on children’s blood lead levels statewide. Health officials say there is no known safe blood lead level in children, and even low levels of exposure can affect brain development and learning.
The update to the Boulder Valley Comprehensive Plan, a long-range land-use planning document shared between the city and the county, has been in development since about October 2024.
The language Kaplan proposed was added as a condition of approval, meaning it will trigger negotiations with the Boulder City Council before the comprehensive plan is adopted. On Thursday, a majority of the council rejected the proposed change and sent it back to the Planning Board.
Burton criticized Kaplan for proposing the amendment late in the process.
“I’m not saying they can’t have their own personal views on things,” Burton said of members of boards and commissions. “She has advocated so strongly on a position and then she brings that to bear on the very last night that the Planning Board is talking about the Boulder Valley Comp Plan.”
Burton’s complaint also asks the city to review whether the June 16 meeting complied with Colorado’s open meetings law regarding public notice and transparency. It also asks the city to preserve emails and other communications among Planning Board members, city officials and advocacy groups regarding the airport’s closure.
In addition to Burton’s complaint, the city has received at least 15 code of conduct complaints against councilmembers and members of boards and commissions since 2023, a sharp increase compared with the prior decade. Nearly all resulted in findings of no violation or were deemed without merit. A special counsel found that two 2023 complaints had merit, later resulting in the Boulder City Council’s decision to remove a member from the Police Oversight Panel.
“primarily serves private pilots, flight trainees, glider pilots and researchers.”
The Boulder airport also serves emergency medical helicopters, especially fully loaded ones at Boulder’s high altitude when it’s hot out. I’m told that a (medical or Flight for Life) helicopter that is fully fueled and that has a crew often cannot take off purely vertically. It needs a runway to use forward motion for some of the needed initial lift.
Not true.
Laura Kaplan has long been warned by fellow planning board members that her advocacy about the airport while serving on Planning Board gave an appearance of a conflict, at the very least, and quite possibly an actual conflict. Her response was always: city attorney tells me I can do this because of my first amendment rights. Of course she has that right…but the issue is that her right and her Planning Board responsibility are in conflict and leave her actions vulnerable to the very charges leveled by Jan Burton. Worse, her actions put the entire Planning Board and its input under a shadow. This has been an issue for at least 4 years (since I served on Planning Board) and it saddens me that Laura has yet to recognize the implications of her failure to choose EITHER advocacy for her airport plan OR her responsibility as a Planning Board member. I say this as a person who generally agrees with Laura’s hopes for the airport.
How is this different, though, than city council members advocating during meetings for keeping the airport open – like Matt Benjamin as a former pilot? If he had a current license would that make a difference? Would Jan have to recuse herself from these discussions and votes if she were still on city council?
Laura attempted to remove all recognition of the airport as a critical element of emergency response from the Plan. It’s recent use as an operations area when dealing with floods and wildfires was critical in community safety. The airport is a unique multi-purpose area that needs to be preserved. When not supporting community safety, it is a site for businesses that contribute to the financial well being of the city. It could contribute even more if he city would commit to actively supporting the airport instead of constantly trying to threaten it’s existence.
Another interesting twist to your piece on the Boulder airport is that Jan Burton parks her plane at the Boulder Municipal airport.
This is seems a like another attempt to silence anyone who questions the need of the Boulder Airport or even wants to have a more thoughtful discussion about it’s future.
I’ve worked with public institutions and with public funds for decades, though I’m certainly not an expert on this part of the city code. These accusations are vague and I don’t see the conflict at this point. I suspect Kaplan will be cleared here.
There is some important context missing here which is that Burton is a pilot that keeps her private plane at the public airport. It is my understanding this was also the case when she was on council. Further she made several decisions related to airport during that time. Has that ever been investigated?
Matt Benjamin is also a pilot. His connections to the airport and the airport community raise much bigger concerns for me.
Jan Burton filed the complaint. She was on CC and sits on committees while influencing and making decisions about the airport as she owns a private plane at the airport. This is the wealthy trying to hush grassroots. Folks need to see the pattern with our leadership, staff, and our airport.