Boulder Planning Board chair named in code of conduct complaint over airport advocacy

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.”

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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.

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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.

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