Frequently Asked Questions
Does City Council have the power to remove or discipline the Mayor?
Under Denver’s Charter, only the voters can remove an elected official from office.
The City Council (the legislative branch of government) and the Mayor (the executive)
are separate branches of government and the powers of each are limited by the City
Charter. In Denver, like most cities and states, one branch of government does not
have the power to remove or discipline an elected official serving in another branch of
government.
Could the Mayor be held legally accountable through other processes?
Detective Branch-Wise and the City of Denver signed a Settlement and Release of
Claims in 2013 which limits what legal processes remain available to her.
What if any power does the City Council have?
The Council has power granted to it in the Charter “to investigate any Department of the City
and County and the official acts and conduct of any officer thereof, and may compel the
attendance and testimony of witnesses and the production of books and documents.” Section
3.2.3. of the City Charter
What would be the purpose of conducting a sexual harassment investigation?
The main purposes for conducting sexual harassment investigations include:
• stopping the harassing behavior,
• disciplining the offender,
• and preventing employer liability.

What are the steps to request a sexual harassment investigation into an elected
official?
There isn’t a formal process for requesting a sexual harassment investigation into an
elected official.
In this case, Council has requested a statement setting forth the facts that are to be
investigated.

 Would an investigator draw a legal conclusion as to whether the Mayor sexually harassed
Detective Branch-Wise?
The purpose of a sexual harassment investigation is to determine whether the alleged
conduct occurred, not to determine whether the alleged conduct rises to the level of
sexual harassment which is a legal definition to be determined by a court of law. This is
why most sexual harassment investigations end with the conclusion that it is more likely
than not that an action occurred.
Should an investigation into the Mayor’s conduct be handled by an independent entity or
third-party investigator?
If a written complaint was filed and Council voted to investigate the complaint they would then
request the Executive Branch hire a third party to ensure an investigation was neutral and
unbiased.
Should Council’s investigatory powers be used to subpoena the Mayor to determine what his
intentions were in sending the text messages to Detective Branch-Wise that have been made
available to the public?
Intention is not relevant to a determination of whether sexual harassment has occurred.
Should Council’s investigatory powers be used to question Detective Branch-Wise under oath?
If a formal complaint was filed and if the Council voted to investigate, that investigation
would be handled by a neutral third-party investigator.
What Is Council learning that we should do differently?
The City did not keep statistics on sexual harassment discipline or settlements previously,
many of which do not come to Council for approval. That is being rectified to ensure the City
overall and Council specifically can monitor whether there are any troubling trends.
City Council will clarify our own agency policy to ensure there is a clear path for employees to
report any concerns, including against elected Council members. City Council strongly
encourages other City elected officials to adopt similar policies.
A clearer policy and path for complaints against all elected officials must be developed.
City Council is reviewing City Attorney practices in past large settlements.