Tag: King County Council

criminal justice, King County, Police

County Proposal Would Expand Right to Counsel Before Warrantless Searches

King County CouncilBy Erica C. Barnett

The King County Council is considering draft legislation that would give adults the right to consult with a defense attorney before being searched by officers with the King County Sheriff’s Office, a right the county and the city of Seattle extended to youth in 2020, and that state legislators expanded statewide last year.

King County Councilmember Reagan Dunn, a Republican who’s running for Congress in the 8th Congressional District, claimed in a letter to King County Department of Public Defense director Anita Khandelwal  release that the draft bill would “tie the hands” of police, “take away hundreds of hours of deputy time,” and “harm public safety and ultimately cost lives.”

“If police are required to call a defense attorney every time they talk to a subject, criminal investigation would grind to a halt,” Dunn’s letter says.

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The bill, which is still in draft form (and has changed since Dunn wrote his letter), would require officers seeking a person’s consent for a search to provide access to a defense attorney before searching them or their belongings. The new requirement wouldn’t apply when police have a warrant; when police have a “reasonable suspicion” that the person has committed or is about to commit a crime; or when police have reason to believe delaying a search would result in a loss of evidence or harm to the public or police, among several other exemptions. A person could also decline a search outright and walk away without consulting with a defense attorney.

Anita Khandelwal, director of the King County Department of Public Defense, says the proposed legislation would help ensure that people understand their constitutional rights when an officer is asking them to waive those rights. “Studies show that most adults, regardless of race, aren’t aware that they have the right to refuse a search, do not feel free to refuse police requests to search, and frequently ‘interpret questions or suggestions as orders when they come from a person of authority.'”

In Seattle, Khandelwal said, Black people are stopped five times as often as white people, and Native Americans are stopped nine times more frequently.

Councilmember Girmay Zahilay, the head of the council’s law and justice committee, is the most likely sponsor for the legislation. On Thursday, he said he was still considering whether to sponsor the bill, and criticized Dunn for releasing an early draft that had been circulating among council members in a letter that incorrectly implied that it was “leaked.”

“If he had just asked the public defender to share it with him, they would have,” Zahilay said. “It’s not some secret conspiracy.”

The intent behind the bill, Zahilay continued, is to address the imbalance of power and information between officers and people who may not understand that they have the right to say no to being searched, or who may be intimidated by police. “People already have the right to consent or decline a search, and this gives them an added level of protection of being able to talk to a public defender,” Zahilay said. The law providing young people the right to speak to an attorney has been in place for more than a year, Zahilay added, and council members “haven’t heard of any complaints or issues” about the law creating an undue burden on officers.

County Councilmember Claudia Balducci, the former head of King County’s Department of Adult and Juvenile Detention, noted that the county is currently searching for a new sheriff, and is considering the recommendations of an advisory committee to improve public safety across the county.”I would rather us have a bigger plan that looks at all sides of the issue before we start making big changes, and I’d rather have the new sheriff on board,” Balducci said, but if the legislation is introduced, “I will honor that process. … I wouldn’t say I won’t consider this until we have a bigger plan in place.”

criminal justice, Density, Elections, housing, King County, Morning Fizz

Poll Tests Messaging on Pro-Density Bill, Dunn Blasts Program He Voted For, Seattle Nice Debates Eviction Ban

1. Supporters of a bill that would legalize small multifamily buildings in residential areas across the state were testing messages for and against the legislation in a telephone poll last weekend.

The bill would eliminate the kind of exclusionary zoning that has preserved three-quarters of Seattle’s residential land exclusively for detached single-family houses, allowing very modest density (between two and six units, depending on proximity to housing and employment centers) in residential areas.

Although the bill is complex, selling it politically will boil down to messaging, which is where polls come in. This one tests how a number of positive messages impact a respondent’s support for the bill, including:

– Bans on homes like duplexes and triplexes make it more difficult for people of color to live in high-opportunity neighborhoods;

– Making more home types available and affordable helps protect our climate and prevent sprawl;

– The housing crisis spans municipal borders, which is why we need statewide solutions.

The poll also tests a number of messages opponents may use against the bill to see which ones are most convincing, such as:

– Traffic here is already terrible. It is impossible to live without a car here. This plan for massive new development will put more cars on the road and some units will not have to have off street parking. Our region is already growing too fast. Let’s not make it worse.

-We need to preserve the character of local neighborhoods. This is blanket fix that eliminates local control of development. It’s a one-size-fits-all mandate, even where new housing does not fit local character and the infrastructure isn’t there. Middle-income housing should not be burdened with fixing the housing crisis.

– This bill will accelerate and increase gentrification. too many working people, especially people of color, have already been forced to move and the solution should be rent control. This is another attempt by politicians in Olympia to line the pockets of wealthy property owners.

Although voters won’t get a direct say on HB 1782 or other legislation aimed at increasing access to affordable housing, a successful messaging campaign could put pressure on wavering density supporters to solidify or back off on their support for pro-housing bills. As happened last year, density opponents are already rolling out competing bills that are riddled with loopholes and designed to preserve the single-family status quo.

Although Dunn voted to fund Restorative Community Pathways’ $5 million budget at the end of 2020, he told PubliCola it turned out to be a bait-and-switch

2. King County Councilmember Reagan Dunn introduced a motion on Tuesday to pause a new juvenile diversion program, arguing that the program softens the consequences for crimes he considers too serious for diversion.

In a press release, Dunn cited similar complaints from the mayors of Kent, Auburn, Federal Way and Renton, who said the program could exacerbate the recent uptick in gun violence.

Dunn is challenging Democrat Kim Schrier to represent Washington’s 8th congressional district—a historically Republican seat. His criticism of Restorative Community Pathways is the latest in a series of high-profile provocations that position Dunn as a law-and-order stalwart on the council; he also led the charge to condemn City Hall Park, adjacent to the King County Courthouse in downtown Seattle, as a public safety hazard.

Federal Way Mayor Jim Ferrell, the only other person quoted in Dunn’s press release, is campaigning to replace outgoing King County Prosecutor Dan Satterberg, also on a law-and-order platform.

Restorative Community Pathways, launched at the end of 2021, relies on nine nonprofits—including well-known organizations like East African Community Services—to provide counseling and supportive services to young people charged with low-level crimes, ranging from car thefts to some assaults. Most of the roughly 70 people referred to the program so far were arrested for misdemeanors, but the program is also open to young people charged with felonies. Continue reading “Poll Tests Messaging on Pro-Density Bill, Dunn Blasts Program He Voted For, Seattle Nice Debates Eviction Ban” →

City Council, Courts, Crime, homelessness, King County, Parks

Business, County Leaders Say Land Trade Won’t Fix Problems Around Downtown Park

By Erica C. Barnett

The area around City Hall Park in downtown Seattle—a rough rectangle of rare urban green space located across an alley from the King County Courthouse on Third Avenue—has never been a shiny tourist destination. Located at the heart of one of the city's most historic districts, Pioneer Square, the area is also home to many of the city's homeless shelters and day centers, the King County Jail, several bus stops, and, of course, the courthouse itself. The city-owned park—for decades, a place for people who are homeless, marginally housed, or low-income to hang out—became the site of a homeless encampment that grew larger and more chaotic as the city of Seattle swept unsheltered people from other parts of downtown.

Periodically, judges at the courthouse have led the charge to implement new security measures in the area, arguing that the presence of so many visibly poor people and people involved in the criminal justice system presents a danger to innocent passersby and non-criminal courthouse users. A Seattle Times story from 2005, for example, began with a litany of the kind of people who use the courthouse: "Rapists, murderers, drug addicts and wife beaters." (As that same Seattle Times story noted, the park was known as "Muscatel Meadows" as far back as the 1960s).

More recently, an attempted sexual assault inside the courthouse itself prompted a work-from-home order and demands from King County Superior Court judges to shut down the park, which had become the site of a large, often chaotic encampment that grew dramatically as unsheltered people were swept there from other parts of downtown Seattle.

"If you address issues on one block, they're going to be across the street—literally. We’ve already funded additional sheriff's patrols to have our own sheriff’s deputies in the park and around the block, and that hasn’t solved it. It’s going to require a much bigger solution the neighborhood, not acquiring one park."

This past August, the judges got their wish: The park is now walled off by a high chain-link fence, accessible to no one. Earlier this month, the King County Council voted 7-2 to take it over, arguing that they could succeed where the city "failed" to keep the park safe and clear of encampments. If the Seattle City Council adopts similar legislation next year, the city will hand the park over to King County in exchange for several county-owned properties, and the county will get the final say over what becomes of the space. Mayor Jenny Durkan and King County Executive Dow Constantine announced the swap last month.

Joe McDermott, one of two county council members who voted against the land transfer (the other was South King County council member Girmay Zahilay), says his colleagues are misguided if they believe a county takeover will solve the decades-old issues in and around the park.

"It’s a false sense of security," McDermott said. "If you address issues on one block, they're going to be across the street—literally. We’ve already funded additional sheriff's patrols to have our own sheriff’s deputies in the park and around the block, and that hasn’t solved it. It’s going to require a much bigger solution the neighborhood, not acquiring one park."  

"The park has been closed since August. People still need to go outdoors. They can't jump in Uber and go to one of the larger parks around the city. This is their public space."—Lisa Howard, Alliance for Pioneer Square

While the county could decide to retain the park's use as a park, the legislation also leaves open the possibility of turning it into part of the larger "civic campus" that includes the county jail, the courthouse, and the King County Administration Building, depriving hundreds of people who live in and around the area of the only piece of urban green space in the neighborhood. Some council members, including East King County representative Reagan Dunn, have even suggested—in McDermott's view, fantastically—reorienting the courthouse to the south and "restoring" its original entrance on Jefferson Street.

Lisa Howard, executive director of the Alliance for Pioneer Square, said shutting down the park will deprive hundreds of low-income neighborhood residents of access to green space. "In the two blocks surrounding the park, there are 600 extremely low-income units, and in the next six to eight months, there will be 760, and most of those individuals are very low-income, high-needs individuals who need access to outdoor space," she said. "The park has been closed since August. People still need to go outdoors. They can't jump in Uber and go to one of the larger parks around the city. This is their public space."

The Downtown Seattle Association, which represents downtown businesses and has worked to activate a number of downtown parks, including nearby Occidental Square, also opposes closing down what DSA director Jon Scholes calls "precious" and irreplaceable public space downtown. "We've been ineffective at creating a space that is welcoming to all and delivering on its intended use," Scholes said, but closing the park permanently would be "a big mistake. We could have done that 10 years ago in Westlake Park too, and put in all kinds of uses and buildings and structures that were not consistent with the regional vision for [Westlake] as a publicly accessible park, but we didn't." Continue reading "Business, County Leaders Say Land Trade Won’t Fix Problems Around Downtown Park" →

homelessness, King County, Morning Fizz

Homeless Authority Won’t Extend Hotel Shelter Contracts; County Won’t Adopt Republican Sweeps Policy

1. The King County Regional Homelessness Authority informed the Low Income Housing Institute this week that it will not extend its lease on the downtown Executive Pacific Hotel past January, ending a program launched by Mayor Jenny Durkan that was supposed to swiftly move hundreds of people from unsheltered homelessness into permanent housing using a combination of new permanent supportive housing and “rapid rehousing” rent subsidies for market-rate apartments. The city has used the hotel as a primary receiving site for people displaced from encampments because of sweeps, which are now performed by the Parks Department.

In a letter to the KCRHA’s implementation board, which includes elected officials from across the county, KCRHA CEO Marc Dones wrote, “Key factors [in the decision] include that each current guest has an exit plan, the lease costs requested by one of the hotels has significantly increased, and one of the service providers”—the Chief Seattle Club, which operates a shelter at King’s Inn in Belltown—”stated a desire to close on schedule.”

As recently as a month ago, the authority said that it wanted to keep the hotels open after their current contracts with the city expire, potentially using $6 million in unspent rapid rehousing funds to cover the expense.

Now, the authority may use that same money to “prevent closures and loss of beds in several of our existing permanent shelter facilities,” according to the letter to the implementation board. The authority is currently running a survey of providers to find out how much money they need to make up their 2022 funding gaps and the number of shelter beds that are at risk if they don’t get additional funding.

LIHI executive director Sharon Lee said she was “shocked” to find out that the homelessness authority will not extend the hotel’s lease, adding that LIHI doesn’t know where the 126 people still living at the Executive Pacific will go.

“We have quite a number of people in the hotel who are very interested in moving into tiny houses” in LIHI’s tiny house villages, Lee said but many of those spots have already been claimed by the city’s HOPE Team, which offers shelter placements to people in encampments the city is about to sweep. LIHI recently opened two new tiny house villages—Rosie’s Place in the University District and Friendship Heights in North Seattle—and expanded an existing village in Interbay.

LIHI received 93 federal emergency housing vouchers through the federal American Rescue Plan. Allocating the vouchers could open some spaces in existing villages and shelter programs, but it’s unlikely that enough beds will open up to shelter all 126 current hotel residents.

The hotel-based shelter program was based on the assumption that it would be a fairly simple matter to move people from unsheltered homelessness to market-rate housing in a matter of weeks or months. But as PubliCola noted when the city adopted this plan, rapid rehousing subsidies work best for people in good physical and mental health who just need some temporary financial assistance to get back on their feet. By using the hotels as receiving sites for sweeps, the city engineered failure right into its plan.

Currently, Lee said, just 11 of the people living at the hotel are “enrolled” in rapid rehousing, which simply means they have started the process to qualify for a subsidy.

Lee estimates that LIHI will have to move about 24 people out of the hotel every week between now and the end of January to have everyone out by the end of the lease. “The concern I have is that the end of January  is the coldest part of winter and we have two major holidays between now and then,” Lee said.

2. King County Council member Reagan Dunn, who recently announced he is running against Democratic Congresswoman Kim Schrier (D-8), tried unsuccessfully to pass a motion (similar to a city council resolution) directing County Executive Dow Constantine to adopt a plan that would make it easier for the county to remove encampments in unincorporated parts of King County. (Dunn’s mother, the late Jennifer Dunn, represented the Eighth Congressional District until 2005; in 2019, Schrier became the first Democrat to represent the district.)

Because the committee where Dunn introduced his motion is made up of two Democrats (sure votes against the proposal) and two Republicans (Dunn and Kathy Lambert, who recently lost her reelection bid), the vote was a foregone conclusion. However, it did give Dunn and Lambert an opportunity to issue a scathing (and, for Dunn, politically beneficial) press release “slamming” their Democratic colleagues, Girmay Zahilay and Joe McDermott, for “refus[ing] to even engage in a conversation about how to provide housing and support services to people currently living in County parks or other County-owned property.”

In fact, the legislation was silent on the question of housing and support services. Instead, it would have represented a first step toward banning encampments on public land in unincorporated King County and empowering county officials to sweep encampments for a broad array of reasons, including the presence of human waste, lack of running water, and criminal activity.

Noting that King County plans to eventually house as many as 1,600 people through the Health Through Housing sales tax, Dunn said, “I don’t think it’s unreasonable to expect now that there has been such an investment in these services that these open spaces begin to be cleared. … If there is help available, King County should have expectations that people utilize that help and they should be prepared to remove encampments that are a public nuisance and a danger.”

The last annual count of King County’s homeless population, in 2020, found about 5,600 people living unsheltered across the county. The point-in-time count, which King County will forgo for a second consecutive year in 2022, is widely considered an undercount.

—Erica C. Barnett

Elections, King County, race

Lambert Removed from Leadership Roles After Racist Mailer; Tried to Get Issaquah Voters Removed from Her District

By Erica C. Barnett

The King County Council voted today to remove Kathy Lambert, the East King County Republican facing a difficult reelection battle this year, from all of her leadership roles on council committees.

Earlier this month, as first reported on Twitter by PubliCola, Lambert sent a mailer to voters portraying her opponent, Sarah Perry, as a “socialist…anti-police puppet” being manipulated by the likes of Bernie Sanders, Seattle City Councilmember Kshama Sawant, Vice President Kamala Harris, and her South King County council colleague Girmay Zahilay. The message to white voters—if you elect Perry over Lambert, scary Black and brown leftists (and one Jew) will impose their agenda on your communities—was barely subtext.

The motion, sponsored by council chair Claudia Balducci, who represents Bellevue, said that Lambert’s mailer had “adversely impacted the ability of the council to conduct its business efficiently and effectively.” A related ordinance eliminated the health and human services committee, which Lambert chaired, and combined its duties with that of the law and justice committee, chaired by Zahilay.

“People know Seattle’s not going in the right direction, and they don’t want this to spread to their communities. … I don’t believe that one insensitive item should take away a person’s reputation.”—King County Councilmember Kathy Lambert

In a statement after the vote, Balducci said Lambert’s “mailer and subsequent statements have undermined our ability to work with each other, our staff’s confidence in us as leaders, and our reputation and relationships with outside organizations and agencies. Based on those impacts, it was imperative that we take concrete action quickly.”

Before the vote, the council’s Employment and Administration Committee, which includes all nine council members, held a lengthy executive session to discuss a “Personnel Matter related to Council’s Policies and Procedures Against Harassment and Discrimination. Balducci confirmed in her statement that the council is considering an investigation into whether Lambert’s mailer violated the council’s anti-harassment policy.

Both the motion and the ordinance passed unanimously, but not before Lambert gave a self-pitying, unapologetic speech that minimized the harm the mailer had caused and accused her colleagues of ulterior motives.

The council’s decision to remove her from leadership roles, Lambert said, was “clearly not about race, but about political opportunity to damage my reelection campaign.” Calling the mailer merely “one lapse in judgment” in decades on the council, Lambert accused her colleagues of trying to push “Seattle-centric ideas” by empowering Zahilay to oversee health and human services as part of his committee.

“The people in this county are worried about public safety, crime and response times due to political decisions, people are smart. They see the data and the needs. People know Seattle’s not going in the right direction, and they don’t want this to spread to their communities.”

“I am not going to allow one poorly depicted picture to find who I am,” Lambert said. After the vote, she added, “I don’t believe, as I said earlier, that one insensitive item should take away a person’s reputation, and I hope that for everybody who’s in politics, that you do understand what’s going on.”

Of course, what happens to a politician’s reputation as the result of their own actions is largely out of their control; voters will decide in November whether to reelect a conservative Republican who opposes harm reduction, has floated conspiracy theories about “shredded ballots,” supports anti-choice “crisis pregnancy centers,” and has expressed anti-labor and pro-Trump views, and also sent out a racist mailer. Lambert was on her heels long before the latest controversy, for one simple reason: Her district is changing, as more people move to Issaquah and dilute the power of the white, conservative, rural areas that reliably vote for Republicans.

In late September, Lambert wrote a letter to the chair of the King County Districting Committee, which is in charge of redrawing the lines for county council districts every 10 years in response to demographic shifts, asking that the city of Issaquah be removed from her district, and that the commission shift her district’s boundaries to include more of the rural Sammamish Valley. She added that if the commission needed to move more voters out of her district, they could take some of Redmond as well. Continue reading “Lambert Removed from Leadership Roles After Racist Mailer; Tried to Get Issaquah Voters Removed from Her District” →

King County, Police

Calls for King County Sheriff Resignation Expand Beyond County Council

Sheriff JohanknechtBy Paul Kiefer

County and state lawmakers continue to join the chorus calling for King County Sheriff Mitzi Johanknecht to resign for comments she made in a department-wide email about the killing of 20-year-old Tommy Le by a sheriff’s deputy in Burien in 2017. On Thursday, state senator Joe Nguyen (D-34, West Seattle) became the latest elected official to add his voice, joining three county council members.

Johanknecht sent the email at the heart of lawmakers’ criticisms only hours after a March 24 press conference at which Le’s family announced a $5 million settlement with King County for their son’s death. The email’s contents were first reported by the South Seattle Emerald.

In the department-wide email, Johanknecht shared her “appreciation of the difficulty” of Deputy Cesar Molina’s decision to shoot and kill Le, who was unarmed. Johanknecht also wrote that the county’s settlement with Le’s family—which implied some admission of wrongdoing by her department—was “not a reflection of how [Johanknecht] view[s] the actions of Deputy Molina in this incident.”

In a statement on March 26, King County Councilmember Joe McDermott said that the sheriff’s email “was, in the most charitable light one might muster, disrespectful to the young person who was killed, to his family and our entire community.”

Both Le’s shooting and the internal investigation into his death have sparked scrutiny by police accountability advocates and lawmakers. A critical review of the investigation by the county’s Office of Law Enforcement Oversight in September 2020 identified an array of flaws in the internal review into Le’s death, which an internal review board determined to be justified in 2018. Those flaws included the internal investigators’ failure to note that two of the six shots that Molina fired hit Le in the back, contradicting Molina’s assertion that he fired at Le in self-defense. Though Johanknecht was not sheriff at the time of Le’s death, she assumed leadership of the department during the investigation into the incident.

The publication of Johanknecht’s email spurred King County Councilmember Joe McDermott to join Le’s family in calling for the sheriff’s resignation; in a statement on March 26, McDermott said that the email “was, in the most charitable light one might muster, disrespectful to the young person who was killed, to his family and our entire community.”

Johanknecht maintains that she has no plans to resign, but as the county’s transition from an elected sheriff to an appointed sheriff in 2022 looms on the horizon, her future with the department may be limited.

McDermott’s call for Johanknecht’s resignation was preceded by that of County Councilmember Dave Upthegrove, who quietly expressed his opposition to Johanknecht in a March 12 Facebook post in which he shared his support for relatives of Black victims of police shootings in King County and called for Johanknecht to step down for “her failure to treat racism with the seriousness it requires.”

On Wednesday, Councilmember Girmay Zahilay became the third council member to call for Johanknecht’s resignation. In a series of tweets, Zahilay wrote that a sheriff’s comments were evidence that she presents a barrier to police accountability and “do not reflect the values we need in that office.” Sen. Nguyen, who voiced his support for Johanknecht’s resignation on Twitter a day later, called the email “dehumanizing, disrespectful [and] dismissive.” Continue reading “Calls for King County Sheriff Resignation Expand Beyond County Council” →