Category: Police

Diaz Almost Permanent Chief; Sawant Wants Impact Fees; Another Residential Treatment Center Shuts Down

1. Members of the city council’s public safety committee, which voted unanimously to appoint interim police chief Adrian Diaz to the permanent police chief position on Tuesday, were mostly effusive about Diaz’ performance at the final public hearing on his appointment, praising him for his efforts to recruit new officers, reinstate the community service officer program, and work collaboratively with the council. Council members did have a few pointed questions, though, about Diaz’ commitment to replacing police with civilian responders.

Like many other cities across the country, Seattle committed to creating new community-based alternatives to traditional policing amid protests against police violence in 2020; since then, other cities have moved forward with new strategies while Seattle has bogged down in process.

“Around the same time that members of this council were talking about creating a third public safety department and civilian alternatives to police, Albuquerque also started their journey. The difference between them and us is that we have two years of resolutions, workgroups, promises, talking, [and] misrepresentations [from the previous administration].”—Councilmember Andrew Lewis

“Around the same time that members of this council were talking about creating a third public safety department and civilian alternatives to police, Albuquerque also started their journey,” Councilmember Andrew Lewis said. Albuquerque, Lewis noted, has a similar budget to Seattle’s and has also seen its police department shrink from around 1,400 to fewer than 1,000 officers.

“The difference between them and us is that we have two years of resolutions, workgroups, promises, talking, [and] misrepresentations” from the previous mayoral administration, while Albuquerque stood up its new public safety department in 2021 and has diverted thousands of calls from the police department.

As we’ve reported, SPD is still in the middle of a lengthy risk analysis that is supposed to determine which kind of 911 calls are safe enough for a civilian response. That process is expected to stretch into 2024. Meanwhile, according to SPD’s latest hiring projections, the department will only grow by 18 fully trained officers in the next two years.

While transferring some low-risk work to trained civilian responders would be one way to free up SPD officers for police work and investigations, another option could be reducing the amount of overtime police burn through directing traffic and providing security for sports events, which added up to more than 91,000 hours through October of this year. Diaz didn’t seem particularly open to this suggestion, either, noting that there is always a risk of violence at large events, such as someone trying to drive through a barricade.

2.  Also on Tuesday, the city council voted unanimously to move forward with a plan to exempt many affordable housing projects from the design review process for another year—effectively signing off on the once-controversial view that design review leads to unnecessary delays that makes housing more expensive.

However, one of those “yes” votes, Councilmember Kshama Sawant, voted “no” on a separate package of amendments to the city’s comprehensive plan because they did not include “developer impact fees,” which some cities levy on housing developers to offset the toll new residents create on urban infrastructure like roads and sewers. One reason such fees are controversial is that they imply that new housing has a negative impact on the city, without considering the positive impacts (such as reduced traffic congestion, less sprawl, and more customers for local businesses) of dense, vibrant neighborhoods.

Since the city can’t pass developer impact fees until they’re included in the comprehensive plan, Sawant said, the vote to approve the amendments “means that we need to wait another year to make big developers pay for the impacts they have on our city infrastructure and for the profits they make without paying even this minimum of compensation for the city’s working people.” During the 2020 budget deliberations, Sawant joined her colleague Councilmember Alex Pedersen in seeking $350,000 for a study of impact fees; although Pedersen is generally far to the right of socialist Sawant, a shared opposition to most development frequently puts them on the same side of housing-related issues.

Low-income people and people experiencing homelessness often have to wait weeks or months before getting into residential treatment—a fact that flies in the face of calls to force more people in crisis into treatment under the state’s involuntary treatment law.

3. Pioneer Human Services, which offers treatment to low-income people with substance use disorder, is closing its 50-bed Pioneer Center North facility in Skagit County next month amid an acute regional shortage of residential treatment beds for low-income people and people seeking treatment during or after serving time in jail.

According to agency spokeswoman Nanette Sorich, there were a number of reasons for the “difficult decision,” including the fact that “the building has been operating on a short-term lease and the facility is past its useful life. Additionally, like many behavioral health providers, we have faced significant challenges with staffing and these labor force shortages have become more acute over time,” Sorich said.

The Sedro-Wooley inpatient clinic had 77 beds before the pandemic. Pioneer Human Services will now refer potential clients to its other clinics in Everett and Spokane, Sorich said.

Low-income people and people experiencing homelessness often have to wait weeks or months before getting into residential treatment—a fact that flies in the face of calls to force more people in crisis into treatment under the state’s involuntary treatment law. Since 2018, King County has lost more than 110 residential treatment beds and is now down to 244 beds countywide. A countywide levy, on the ballot next April, would restore the number of residential beds in King County to 2018 levels; the bulk of the $1.25 billion proposal would go toward five new walk-in crisis stabilization centers across the county.

Nelson, Pedersen Vote to Reject City Budget Because It Doesn’t Fund Everything They Want

Councilmember Alex Pedersen and Sara Nelson
Seattle City Councilmembers Alex Pedersen and Sara Nelson

By Erica C. Barnett

Seattle City Councilmembers Sara Nelson and Alex Pedersen voted against the city council’s amended 2023-2024 budget proposal at a council budget committee meeting Monday, joining socialist Kshama Sawant—who votes against the budget every year—in an ideologically split three-vote minority. The budget, which goes to the full council for a final vote tomorrow, requires a six-vote majority to pass; if even one more council member sided with Nelson, Pedersen, and Sawant, the entire budget would fail.

Nelson and Pedersen, who frequently formed a two-vote mini-bloc during the council’s budget deliberations, explained their decision in similar terms: They couldn’t vote for a budget that doesn’t fully fund Harrell’s public safety priorities. “I cannot in good conscience endorse a final budget that, I believe, fails to learn from recent public policy mistakes on public safety and fall short on public safety for a third year in a row,” Pedersen said.

That argument would hold more water if the council had proposed actually cutting SPD’s budget. Instead, the council fully funded SPD’s (and Mayor Bruce Harrell’s) entire hiring plan, and used savings from vacant SPD positions to provide the department with an additional $17 million a year to pay for, among other things, the recruitment and retention proposals Nelson and Pedersen have supported. No other department received this kind of kid-gloves treatment; in fact, many departments face dramatic cuts next year.

The council’s budget also returns the city’s parking enforcement division to SPD, another one of Harrell’s top budget priorities.

“Minor reductions [to proposed new SPD programs] are being emphasized and exaggerated. This is the harmful rhetoric that is likely to continue to negatively impact hiring and retention.”—City Councilmember Lisa Herbold

In contrast to previous years, such as 2020, it’s virtually impossible to make the argument that the council didn’t work with the mayor to craft a budget that retains most of what he wanted—a point Councilmember Lisa Herbold made when she accused her two colleagues of contributing to a “false narrative” about public safety.

“It’s normal to debate budget issues,” Herbold said. “But these false narratives don’t make us safer.”

“Ninety-nine percent of the mayor’s proposed budget is included in this balancing package,” Herbold continued. “SPD hiring is fully funded, and they’ve begun to show some promising trends. Minor reductions to the remaining 1 percent of the budget”—the elimination of new programs, such as a gunfire surveillance system and a marketing consultant—”are being emphasized and exaggerated. This is the harmful rhetoric that is likely to continue to negatively impact hiring and retention.”

Eliminating these new programs from next year’s budget helped the council close a late-breaking general-fund budget shortfall of $4.5 million, on top of the $141 million shortfall announced earlier this year.

Nelson and Pedersen also objected to the council’s decision to eliminate, or abrogate, 80 of the 240 SPD positions that are currently sitting vacant; these vacant positions, which the city will use to augment the budget and fund new SPD spending next year, receive funding every budget cycle. The council’s budget will retain funding for at least 160 of these “ghost” positions going forward, and can add more positions in the future if SPD hiring suddenly skyrockets past the department’s own rather optimistic projections. Nonetheless, both Pedersen and Nelson have characterized this as an example of “defunding” the police. 

Nelson also criticized the council for failing to fund an expansion of the city’s graffiti abatement program and for moving homeless outreach workers out of Harrell’s new Unified Care Team (which the council fully funded) and into the King County Regional Homelessness Authority.

The two council members’ votes against the budget seem even less justified when you consider the concessions the rest of the council made to fund their priorities. 

Nelson, for example, got unanimous approval for a last-minute amendment that commits the city to spend some of the proceeds from a recent settlement with opioid distributors on abstinence-based rehab, marking the city’s first foray into the kind of public health decisions that are usually made by King County’s public health department.

Nelson was elected last year, and is staking out a position on the budget every bit as absolutist as Sawant’s: If the rest of the council doesn’t support her specific priorities, she’ll vote to reject the city’s budget wholesale.

In an op/ed earlier this year, Nelson expressed her view that medication-assisted treatment, such as the use of suboxone (an opioid) to treat opiate addiction, is “not aimed at long-term recovery.” This is the opposite of scientific consensus (the federal government’s substance abuse agency, for example, has a far more expansive definition of recovery that embraces long-term medication), but in line with Nelson’s general opposition to harm reduction programs— like the Public Defender Association’s LEAD and Co-LEAD programs, which provide case management and housing to people with addiction and other behavioral health issues.

Pedersen, meanwhile, managed to wrangle $3.5 million a year for bridge maintenance out of the Seattle Transportation Benefit District tax, which is supposed to fund transit, by arguing that because buses and bikes also use bridges, funding for bridges is a transit investment. That amendment passed 5-4—a major win for Pedersen at the expense of future transit projects.

Nelson was elected last year, and is staking out a position on the budget every bit as absolutist as Sawant’s: If the rest of the council doesn’t support her specific priorities, she’ll vote to reject the city’s budget wholesale. Time will tell if she continues down this all-or-nothing path.

Pedersen, in contrast, has apparently had a dramatic change of heart. Just two years ago, Pedersen wrote in a Seattle Times op/ed that it would be irresponsible for him to vote against the 2020 budget—which included far more dramatic changes than this year’s plan—just because he didn’t like everything that was in it.

“People are yearning for functional government. If the budget does not pass, nothing gets done,” Pedersen wrote. “No budget is perfect. Our constituents have diverse and conflicting views. A budget with positives and negatives is a natural result.”

“And to my constituents who ask, ‘Why did you vote the same way as Kshama Sawant?,” Pedersen concluded,
“I didn’t. She voted No.” This year, so did Pedersen.

Council Budget Eliminates 80 Vacant Police Positions, Preserves Human Service Pay, Moves Parking Officers Back to SPD

City Council budget chair Teresa Mosqueda

By Erica C. Barnett

The Seattle City Council’s budget committee, which includes all nine council members, moved forward on a 2023-2024 budget yesterday that will move the city’s parking enforcement division back to the police department, preserve inflationary wage increases for human service workers, and increase the city’s funding for the King County Regional Homelessness Authority—all while closing a late-breaking budget hole of almost $80 million over the next two years.

Every fall, the mayor proposes a budget and the council “rebalances” it, adding spending for their own priorities and removing items to keep the budget balanced. In November, after many council members had already proposed substantial changes to Mayor Bruces Harrell’s initial budget proposal, the city received news that tax revenues would be even lower than previously anticipated. The biggest unanticipated shortfall came from a decline in real-estate taxes, which pay for long-term capital projects, but other revenues, including parking taxes and money from the sweetened beverage tax, also declined.

Last week, council budget chair Teresa Mosqueda proposed a balancing package that saved money by declining to fund most of the new programs and program expansions Harrell proposed in his budget, while making several substantive policy changes. Among the most controversial: A proposal to eliminate 80 vacant positions in the police department, and a related plan to to keep the city’s parking enforcement officers at the Seattle Department of Transportation (SDOT), rather than moving them back to SPD, while the city decides on a permanent home for the unit.

“Our mayor’s budget did not delete these 80 [vacant police] positions, and if we trust in what the mayor asks for regarding public safety and the budgeting knowledge and skills and best practices of the city budget office, I don’t think we should do anything different here.”—Councilmember Alex Pedersen

The budget the committee adopted Monday night, nearly 12 hours into a meeting that began at 9:30 that morning, will eliminate the 80 vacant positions, while preserving another 160 vacant positions in future years. Vacant positions continue to be funded year after year unless the mayor or council takes action to defund them temporarily and use the money for other purposes, as Harrell’s budget does this year. Both the proposed budget and the one adopted by the committee on Monday use money  that would have gone to the 80 vacant positions to augment the city’s general fund, while using the savings from another 120 positions to pay for new spending within the police department. This week, the council got word that SPD had identified another 40 vacant positions, for a total of 240.

Council member Alex Pedersen opposed eliminating the 80 unfilled police positions, arguing that it would be wrong for the council to go against the “wisdom” of the City Budget Office, the mayor, and police chief Adrian Diaz, who want to keep as many positions vacant but funded as possible.

“Our mayor’s budget … did not delete these 80 positions, and if we trust in what the mayor asks for regarding public safety and the budgeting knowledge and skills and best practices of the city budget office, I don’t think we should do anything different here by abrogating or deleting these 80 positions,” Pedersen said.

Council member Sara Nelson added that eliminating vacant positions as a recurring budget line item could discourage people from applying for jobs at SPD and send a message to existing officers that the city did not support police hiring.

In response, council public safety chair Lisa Herbold pointed out that the budget fully funds the mayor and SPD’s hiring plan, which would increase the department by a net total of 30 officers in the next two years. (This hiring plan assumes a complete reversal, and then some, of current SPD hiring trends). It also keeps the remaining 160 vacant positions on the books, where they will be funded again automatically in 2025. For the city to need the 80 positions the council eliminated Monday, it would have to hire at least 190 net new officers, not counting new recruits who replace officers who leave the department. If that very unlikely scenario came to pass, the council could add funding for more officers—as it has many times in the past.

“It’s really disappointing that … some people seem unwilling to say that the hiring budget is fully funded for the next biennium for the council to act on,” Herbold said. “That would send a positive factual message, rather than … distort what an abrogation of positions would do for the budget.”

Nelson and Pedersen also cast the only votes against a Herbold-sponsored proviso, or spending restriction, requiring the police department to get council approval if they want to use their staffing budget for anything other than salaries and benefits, arguing it was important to give SPD special flexibility to spend their budget how they want to.

“I believe we should stop micromanaging the use of salary savings and exercise some humility going forward because we simply don’t know what needs will need to be met,” Nelson said. “[Extra] overtime, for example, if there’s an earthquake or a mass shooting or something.”

In a last-minute compromise with Harrell’s office, the council agreed to move parking enforcement from SDOT to SPD, as PubliCola reported Monday. The compromise amendment uses administrative savings from the move (almost $9 million a year) to pay for several council spending priorities, including $1 million in one-time funds to support the Public Defender Association’s LEAD and Co-LEAD programs, which Harrell’s budget partially defunded; $1 million to “activate” City Hall Park in Pioneer Square, which has been fenced off since the summer of 2021; and $1 million for RV parking and storage “associated with non-congregate shelter,” among other new spending.

In a separate amendment, the council provided an additional $2 million a year for LEAD and Co-LEAD, which the PDA says still leaves them $5.3 million a year short of what it needs to fully fund both programs. The two programs provide case management and (in the case of Co-LEAD) hotel-based shelter for people involved in the criminal legal system, including many with behavioral health conditions that make it harder to find housing.

Morales had more success with another amendment that would place a budget proviso, or restriction, on $1 million in 2023 spending from the city’s transportation levy, requiring SDOT to spend it replacing plastic bollards that do not actually “protect” bike lanes with concrete barriers that do.

Here are some more highlights from Monday’s meeting, which was the last chance for council members to make substantive changes to the budget; for budget changes the council agreed on prior to Monday’s meeting, check out our coverage of those changes from last week.

• The council turned down proposals to place extra scrutiny on two programs that the council’s more conservative faction, led by Pedersen and Nelson, generally oppose. For example, they voted to remove $1.2 million in funding (all numbers are two-year figures) that Nelson wanted to spend on two full-time city staffers who would evaluate the JumpStart tax, which was just implemented last year.

The council also rejected two proposals by Nelson to apply extra scrutiny to LEAD and Co-LEAD, which take a harm reduction approach to addiction and low-level criminal activity rather than the abstinence-only approach Nelson favors (more on that in a moment). Specifically, Nelson wanted detailed information about the PDA’s subcontracts with REACH, the homeless outreach provider, and the basic details of both programs.

“What services are provided to the clients of LEAD?” Nelson asked Monday. “Which contractors do what for which program?”  because they do receive so much funding?” Additionally, Nelson proposed an amendment that would require quarterly reports on LEAD and Co-LEAD clients’ shelter and housing “acceptance” rates. Continue reading “Council Budget Eliminates 80 Vacant Police Positions, Preserves Human Service Pay, Moves Parking Officers Back to SPD”

Parking Officers Lose Labor Complaint But Will Return to SPD; Utility Managers’ Union Files Complaint Over Wages

1. On Monday, the state Public Employee Relations Commission rejected an unfair labor practice (ULP) complaint by the Seattle Parking Enforcement Officers Guild (SPEOG) over changes that took place when the parking officers moved from the Seattle Police Department to the Seattle Department of Transportation in 2021, ruling that the issues the union raised in its complaint were not mandatory subjects of bargaining.

As PubliCola previously reported, the parking officers argued that they needed access to a database called the Criminal Justice Information System (CJIS). The officers can scan a vehicle’s license plate and determine whether it’s on a “hot sheet”—a list of license plates that have law enforcement information attached to them, including stolen vehicles and those whose owners are in a criminal database—and report back to SPD, which can then investigate Without CJIS access, however, they can’t know exactly what issue is associated with a particular vehicle.

In its decision, PERC said the parking enforcement officers could still find out whether a vehicle was stolen or associated with a crime or outstanding warrant; the only information they no longer have access to is detailed information about the issue with a particular vehicle. “SDOT does not require or expect PEOs to issue a citation or remain in the area after dispatch informs them that SPD has an interest in or is responding to a vehicle,” the commission wrote.

The move reverses a change the council made in 2021, at the urging of then-mayor Jenny Durkan, to shift parking enforcement out of SPD in order to “reduce” spending on police; this on-paper reduction, which advocates for more police funding have characterized as “defunding the police” ever since the city made it, was little more than a budgetary sleight of hand

PERC has not yet ruled on a counter-claim that the city filed against the parking officers’ union in July.

Parking enforcement officers who wanted to move back to SPD got their wish on Monday, when the city council voted to return the officers to SPD and use the budget savings to pay for a number of items that would have otherwise been cut. The council decided to move the officers back to SPD in a 6-3 vote as part of the overall 2023-2024 city budget, which we’ll cover in more detail in a separate post.

The move reverses a change the council made in 2021, at the urging of then-mayor Jenny Durkan, to shift parking enforcement out of SPD in order to “reduce” spending on police; this on-paper reduction, which advocates for more police funding have characterized as “defunding the police” ever since the city made it, was little more than a budgetary sleight of hand by Durkan and the council. Nonetheless, because taking on nearly 100 new staff added significantly to SDOT’s overhead, removing the parking enforcement officers freed up millions to spend on other purposes.

Harrell has said he plans to establish a “third department” to oversee public safety, which could be the parking enforcement officers’ ultimate destination if they don’t stay at SPD; last year, the council wanted to move the officers to the newly created Community Safety and Communications Center, which took 911 call response off SPD’s hands, but Durkan and SDOT lobbied hard to put them at SDOT.

2. In other city labor news, the union representing strategic advisors and managers at Seattle Public Utilities has filed an unfair labor practice complaint against the city for, according to the union, withholding wage increases it should have provided and imposing a new return-to-office policy in the middle of contract negotiations. The group of 175 SPU managers and strategic advisors was just certified for representation (by the Washington State Council of County and City Employees, Council 2, AFSCME) last year; this is the group’s first contract negotiation.

The primary issue at play in negotiations between the union and the city is the way SPU allocates raises to this group of about 175 workers. Bill Keenan, the organizing director for Council 2, said SPU has “an archaic process” for deciding how much its managers and strategic advisors make, which results in persistent pay disparities between people doing the exact same work.

The result of SPU’s wage increase process, according to the union, is that women in these positions earn $1.20 less per hour than men, and people of color earn 99 cents an hour less than their white counterparts. One 26-year veteran of the department, a woman of color, makes $10 less per hour than a man who has been at SPU for five years, the union’s organizing director said.

Typically, a new city employee starts at the bottom of the “pay band” for their position and proceeds through a series of “steps,” or pay increases, over a set period of time. If the city hires someone as a Strategic Advisor 1, for example, they’re supposed to start at the bottom of the pay range for that position and receive pay bumps according to a set schedule.

At SPU, Keenan said, there’s no such process for managers and strategic advisors; instead, their pay is set by the person who hires them, and “once you get placed on the pay scale where they decide you should be placed, they have another broken process where [future raises] are again up to an individual. … It’s totally subjective.” The result, Keenan said, is that women in these positions earn, on average, $1.20 less per hour than men, and people of color earn 99 cents an hour less than their white counterparts. One 26-year veteran of the department, a woman of color, makes $10 less per hour than a man who has been at SPU for five years, Keenan said.

The city has said the salaries and pay increases the union is seeking would cost as much as $40 million, a number the ULP calls “greatly exaggerated.”

The unfair labor practice complaint doesn’t deal directly with the labor issues Keenan that are at play in the negotiations; instead it accuses SPU of halting the existing annual wage increase process for most of the union’s members and imposing a return-to-office policy that the union had no role in negotiating. “Until we reach a contract, they have to retain the status quo on wages and conditions of employment unless we agree to bargain otherwise,” Keenan said.

Currently, the union and city are in mediation over the underlying contract. A survey of all SPU employees found that a majority of workers enjoyed working with their immediate teams and felt valued, but felt that higher-level management doesn’t care about SPU workers or understand what they do. In an email to employees, SPU general manager Andrew Lee—a Harrell appointee who just started in June—called the results “very humbling” and expressed his “strong commitment to improvement.

SPU’s call center employees—a group of about 85 workers who are among the city’s lowest-paid employees— fought Harrell’s return-to-office mandate earlier this year and won. 

Keenan said he expects the union and city will return to mediation after the holidays.

Council Budget “Balancing Package” Cuts Vacant SPD Positions, Restores Human Service Worker Raises

The city council’s budget “balancing package” still leaves a large gap the city will have to address in the future, possibly through new progressive taxes that have not yet been identified.

By Erica C. Barnett

Twelve days after a late-breaking revenue forecast punched new holes in the city of Seattle’s biennial budget, city council budget committee chair Teresa Mosqueda released a two-year “balancing package” that amends Mayor Bruce Harrell’s October budget proposal by eliminating proposed new programs and initiatives, allowing revenues from the JumpStart payroll tax to fund programs that would not ordinarily qualify for  JumpStart spending, and reducing the number of vacant police positions the city will continue to hold open next year from 200 to 120.

Mosqueda’s plan would eliminate proposed new funding for Shotspotter (or another gunshot detection system); reduce the proposed increase in police recruiting efforts; reduce the amount of new funding SPD will receive for new guns and ammunition; and reduce the amount of new spending on SPD’s Develop Our People leadership academy, a management training program for sergeants.

Harrell’s budget assumes that the 120 vacant positions Mosqueda’s proposal leaves untouched won’t be filled, and “reinvests” those on-paper savings back into other police programs. Mosqueda’s budget proposal doesn’t touch this “reinvestment” and still funds the vast majority of Harrell’s police hiring and recruitment plan, which still includes large bonuses for new recruits and enough money to hire a net 30 new officers over the next two years—an ambitious plan that would represent a rapid reversal of police hiring trends over the last several years.

At Monday’s initial council meeting to discuss the proposal, Councilmember Alex Pedersen said any proposal to cut vacant positions from SPD’s budget amounted to “revisiting the debate in 2020 and 2021” about “defunding” the police department. “I see in the [budget] proviso that it takes away the police department’s flexibility to use savings to address overtime needs, despite the fact that they have a severe staffing shortage,” Pedersen said.

Mosqueda anticipated the objection that eliminating funding for positions that will never be filled amounts to a “cut” in the police department. “We are not touching the 120 [police positions] and we are not touching the hiring plan,” Mosqueda told PubliCola Sunday. But “we know we are never going to fill [the remaining 80], so we are going to put those dollars back into the general fund.”

Councilmember Alex Pedersen said any proposal to cut vacant positions from SPD’s budget amounted to “revisiting the debate in 2020 and 2021” about “defunding” the police department.

Then, Mosqueda said, she looked at the items Harrell proposed funding with the money from the remaining 120 positions, and asked “what is above and beyond on that list. It was things like [the gunshot detection system] Shotspotter— gone. They wanted a PR firm that was in charge of the [police] recruiting plan. That’s gone. They wanted a website redesign investment. That’s gone. Anything that was not essential for the policy that was passed—gone.” 

Eliminating Shotspotter, SPD’s marketing plan, and a new $1.2 million-a-year anti-graffiti program would save about $3 million a year. Cutting and delaying capital projects funded by the city’s Real Estate Excise Tax, which stands to take a $64 million hit over the next three years, would save millions more. Another source of unanticipated funding—about $5 million a year—will come from the money the city planned to spend expanding an existing shelter in SoDo, a project King County Executive Dow Constantine abandoned earlier this year.

And then, of course, there is the JumpStart payroll tax, which the council originally earmarked for housing, Green New Deal programs, equitable development, and small businesses. Harrell’s budget would have empowered the mayor to use JumpStart for non-JumpStart purposes in perpetuity, by overturning a law, passed just last year, that only allows JumpStart spending for general government purposes if the city’s general fund falls below $1.5 billion.

Although Mosqueda’s budget provides a two-year exemption to this rule, she says she’s confident the council won’t have to do the same thing after 2024,, because by then a revamped progressive revenue task force will have come up with new funding sources to make the annual budget less susceptible to economic downturns.

The balancing package also shifts some funds around so that JumpStart will mostly go to its intended purposes; for example, instead of using the payroll tax to 14 new city employees to staff Sound Transit’s light rail expansion plan, as Harrell proposed, Mosqueda’s proposal would use money from the Seattle Transportation Benefit District, funded mostly with vehicle license fees, to pay for those positions.

Although Mosqueda made some concessions on JumpStart, her budget also funds full inflationary wage increases for human service workers, rather than the sub-inflationary 4 percent increase Harrell proposed. Harrell’s plan would have required the council to overturn a 2019 law requiring cost of living adjustments that keep up with inflation; as Harrell, then council president, said in a speech supporting the measure at the time, the point of the law was to ensure that wages keep up with inflation during “hard times,” not just when things are going well.

The balancing package also keeps the city’s parking enforcement officers at the Seattle Department of Transportation, rather than transferring them back to the Seattle Police Department, as Harrell proposed. This plan, like Mosqueda’s proposal to stop funding 80 vacant police positions that cannot be filled, could end up a target for disingenuous accusations that the council is “defunding the police.”

PubliCola has heard that Councilmember Sara Nelson plans to resurrect Harrell’s original proposal to open up JumpStart spending permanently, including legislation originally sent down by Harrell’s office that would pin the threshold for JumpStart to go to non-JumpStart purposes to the rate of inflation, rather than a fixed $1.5 billion amount.

The balancing package also keeps the city’s parking enforcement officers at the Seattle Department of Transportation, rather than transferring them back to the Seattle Police Department, as Harrell proposed, and sets up a process for determining where parking enforcement will ultimately live at the city by next April.

“We’re asking them for a little bit of time to take the temperature down, have a conversation, and ask them what they need,” Mosqueda told PubliCola. “And then we’ll figure out which department has that structure. Is it SPD? Is it [the Community Safety and Communications Center? Is it a totally different department?” This plan, like Mosqueda’s proposal to stop funding 80 vacant police positions that cannot be filled, could end up a target for disingenuous accusations that the council is “defunding the police.”

The new budget proposal also includes funding to hire up to 90 parking enforcement officers and pay for supplies and new uniforms for the parking enforcement unit, which had to cut costs when the city moved parking enforcement to SDOT. The move increased administrative costs for the department by about $5 million due to a quirk in how  way general fund spending is allocated on administration; Mosqueda said neither SDOT nor then-mayor Jenny Durkan were honest with the council about the extra costs.

Other highlights of the balancing package, which the council will discuss in detail over the coming week:

• Instead of funding the mayor’s “Seattle Jobs Center,” which Harrell described in his first State of the City address as a portal “connecting workers and employers to new opportunities, workforce development, and apprenticeships,” the balancing proposal would use JumpStart revenues to fund the MLK Labor Council’s existing online “hiring hall,” while requesting a report from the city’s Office of Economic Development on what a city-run jobs site would look like.

Looking at Harrell’s budget proposal, which does not include any new details about the jobs center, “we were like, ‘what’s the plan here? What’s this going to look like? Have you consulted with labor partners?'” Mosqueda said. “And there wasn’t a lot of there there.”

• The proposal eliminates cash spending on large projects that would be funded by the Real Estate Excise Tax (REET) and proposes funding them instead with long-term debt, which increases the cost of projects but allows the city to fund them over time, rather than paying for entire big-ticket items up front. These include the redevelopment of Memorial Stadium, at Seattle Center, in collaboration with Seattle Public Schools, and the purchase of a building on the downtown waterfront for a new, 10,000-square-foot tribal interpretive center for the Muckleshoot Tribe.

• The balancing package would preserve most of the funding Harrell’s budget added for the new Unified Care Team, a group of city staffers from several departments that cleans up around and removes encampments. As we reported, Harrell’s budget adds 61 permanent positions to this team, the majority of them in the Seattle Department of Transportation and the Parks Department—the two departments primarily responsible for encampment sweeps.

However, the package would take most of the funding Harrell proposed spending to expand the HOPE Team, a group of city staffers that does outreach at encampments, and reallocate that money to the King County Regional Homelessness Authority to pay for contracted outreach providers, such as REACH. The plan would still add one new “system navigator” to the UCT, so that there will be one outreach worker for each of five areas of the city where the UCT will operate. The proposal also outlines clear, distinct roles for the city’s own system navigators and KCRHA’s outreach teams.

The formal request poses a list of 23 questions and sub-questions about “emphasis patrols” and the city attorney’s “high utilizers” list, such as “Does SPD have a theory of change for emphasis patrols?” and “How much has the City spent on jail beds for those arrested via emphasis patrols on the high utilizers list?

• As we reported on Monday, the regional homelessness authority approached the council in October, five months after submitting its annual budget request, to ask for more than $9 million in new funding to pay for ongoing programs that were originally funded with one-time federal dollars during the COVID pandemic. The balancing package provides $3.9 million—the sane amount KCRHA said it needs to continue federally funded rapid rehousing programs—and says KCRHA will use $5.4 million from its own 2022 “underspend” to fund these programs.

• The proposal includes $4 million in 2023 alone for the LEAD and CoLEAD programs, which provide case management, services, and, in the case of CoLEAD, hotel-based lodging for people who are involved in the criminal legal system, including people experiencing homelessness. The Public Defender Association, which runs both programs, has said it will need to make dramatic cuts to either or both in the absence of full funding for both. Harrell’s budget provided just $2.5 million over two years for CoLEAD, stipulating that the money was supposed to be spent moving CoLEAD clients from hotels into tiny house villages; the balancing package increases the city’s total contribution to both programs but says the PDA must come up with “other ongoing funding sources” after next year. Continue reading “Council Budget “Balancing Package” Cuts Vacant SPD Positions, Restores Human Service Worker Raises”

King County Council Approves Body-Worn Cameras, Puts Popular LEAD Program on Notice

King County Councilmember Girmay Zahilay
King County Councilmember Girmay Zahilay

This post has been updated to include comments from King County Council budget committee chair Joe McDermott.

By Erica C. Barnett

The King County Council’s budget committee adopted the county’s two-year budget Thursday, including a controversial amendment that would require King County Sheriff’s deputies to wear body cameras on the job—while providing ample leeway for officers to turn their cameras off and review camera footage before giving a statement in most cases.

The King County Police Officers’ Guild agreed to the $4 million body-worn camera program as part of its latest collective bargaining with the county, adopted this week. While the proposal would finally bring King County in line with the Seattle Police Department, whose officers began wearing body cameras five years ago, it also provides broad leeway for officers to turn off their cameras whenever they perceive an “exigent circumstance” that could justify their decision, or when they’re going into a location where a person might have a “reasonable expectation of privacy,” such as someone’s home.

The policy also gives officers unusual latitude to review bodycam footage before providing their version of events in all cases except allegations of “serious force”—opening up the possibility that an officer could use video footage to craft a more consistent or convincing story.

The list and breadth of the exceptions in the policy are dangerously close to swallowing the [body-worn camera] rule.”—King County Office of Law Enforcement Oversight director Tamer Abouzeid

On Wednesday, Tamer Abouzeid, director of the county’s Office of Law Enforcement Oversight, sent a letter to county county members urging them not to adopt the proposed policy. “The list and breadth of the exceptions in the policy are dangerously close to swallowing the rule,” Abouzeid wrote, citing both the “exigent circumstance” exemption and the proposal to let officers turn off cameras in any location where there’s a “reasonable expectation of privacy.” The privacy exemption, Abouzeid argued, could empower officers to “stop recording inside someone’s home, which is often essential to establishing an accurate account of what happened.” 

Councilmember Girmay Zahilay said he would prefer to renegotiate the body camera policy with the sheriff’s union than adopt a policy that didn’t make stakeholders, including community groups, “feel like there’s going to be accountability.”

Councilmember Claudia Balducci said she agreed the policy was far from perfect, but argued that a flawed policy was better than having no body cameras at all. “I don’t think all of this is baked by us moving forward. I think that we can change some of these things together working with the executive and the sheriff’s office,” Balducci said.

“I think the [new] policy is a good policy that we should implement, and by all means evaluate as we move forward,” council budget chair Joe McDermott told PubliCola. “Legislative bodies have an obligation, also, to evaluate and make sure we have the policy implications we intended and we don’t have unintended consequences.”

Zahilay ended up casting the lone vote against the body camera proposal.

The council also agreed to fund five new investigators for OLEO, which had requested funding for 12 new staffers, not all of them investigators.

In an unrelated budget amendment that caught its target by surprise, King County Councilmember Claudia Balducci proposed requiring the Public Defender Association to go through a competitive procurement process next year if it wants to retain county funding for the Law Enforcement Assisted Diversion (LEAD) diversion program, which is active in Seattle, Burien, and White Center. LEAD provides case management and services to people who are involved in the criminal legal system due to poverty or behavioral health conditions, including people experiencing homelessness. King County provides LEAD with about $5 million a year through its Mental Illness and Drug Dependency program.

Explaining her decision to single out LEAD for special scrutiny, Balducci said, “I think regular re-procurement is a best practice and it is regularly used for county programs exclusively. I think that fundamentally what you get out of this is that there’s a formal process, supported by the council in the budget, that will efficiently communicate between [the Department of Community and Human Services] and the providers about the cost of the programs, ensuring an open and fair process, and will springboard an updated contract that creates a clear basis for continued work in this area.”

Balducci did not immediately return a call seeking more information about her amendment.

But DCHS, which falls under the jurisdiction of King County Executive Dow Constantine, has reportedly clashed with the PDA in the past over how the group runs LEAD, which started in the Belltown neighborhood in 2011. Alluding to this “tension,” Councilmember Rod Dembowski asked why the council would want to start down a path that could lead to the complete defunding of LEAD in 2024—for a body of work that was developed by the PDA and is unique to that organization.

“Are we unhappy with the contract today? What’s going on?” Debowski asked. “This is a very important project. These folks have been instrumental in getting folks help and turning them out of the traditional arrest-prosecute-jail model.”

PDA co-director Lisa Daugaard told PubliCola the organization was unaware of Balducci’s proposal until midway through today’s council meeting, when PubliCola contacted her for comment. “There may be a misunderstanding,” Daugaard said. “LEAD funds go through the project manager [historically and currently, the PDA] to multiple service providers—who were all already selected through a competitive process that the county participated in.” Those service providers, which do the on-the-ground work that makes up the bulk of the LEAD program, are REACH and Community Passageways.

Daugaard also noted that the PDA manages LEAD under the direction of a multi-jurisdictional coordinating group, of which King County is just one member. “The Policy Coordinating Group could decide to conduct a competitive process for the project management function” currently filled by the PDA, Daugaard said. “But King County is not the sole stakeholder in that process, and cannot unilaterally make decisions for this multi-partner initiative. We are reaching out to Councilmembers, and will attempt to sort this out in advance of the 2024 budget process.”

The amendment putting LEAD on notice passed, with only Dembowski and Councilmember Jeanne Kohl-Welles voting “no.” The full council will take up the overall county budget next Tuesday, November 15.