Tag: police accountability

Office of Police Accountability Director Out, Local Capital Gains Tax Loses Momentum, and More

1. Gino Betts, the director of the city’s Office of Police Accountability, will leave his position next month, after two and a half years on the job. According to the official account—released by Mayor Bruce Harrell’s Friday afternoon, shortly after I reported the news on Bluesky—Betts “announced his intention to resign effective December 13” and will be replaced on an interim basis by his deputy, Bonnie Glenn.

Behind the scenes, though, Betts was under heavy fire. Interim police chief Sue Rahr overturned several of his disciplinary decisions and expressed the view that he took too long to complete major investigations, including into former police chief Adrian Diaz, whom multiple women have accused him of sexual harassment, discrimination, and fostering a hostile work environment.

Diaz, appointed in September 2022, has remained on the city’s payroll since May, when Harrell announced he would be stepping down as chief. The Office of Inspector General (OIG), which is overseeing some of the investigations into the former chief, has reportedly sent one, involving allegations that Diaz used his security detail to run personal errands, to Harrell for review.

Harrell appointed Betts and Diaz in July and September 2022, respectively..

Some OPA staff complained that Betts spent too much time investigating relatively minor offenses while slow-walking major investigations like the ones into Diaz and Kevin Dave, the officer who struck and killed 23-year-old pedestrian Jaahnavi Kandula almost two years ago. PubliCola confirmed that the OPA finally wrapped up its investigation into Dave last week, but it will likely be weeks before the office recommends any formal discipline for Dave, who has remained employed by SPD since Kandula’s death in January 2023.

Rahr has expressed frustration about the city’s accountability system—telling the city council in July, for instance, that “because the OPA and some of the other other partners have so many investigations going, there’s a pretty significant time lag between when a complaint is made and when it’s resolved. … We have a lot of minor misconduct investigations that are going to OPA, and I have the perception that it’s clogging up the system to be really good. And I would like to see us figure out a way to better distinguish between those two things.

In July, a group of OPA employees delivered an anonymous complaint to several city council members, along with the OIG and Community Police Commission, saying Betts had “ignored and not investigated” complaints against Diaz, including allegations that he used his security detail for personal errands, retaliated against employees who spoke out against him, and discriminated against female employees. The letter, which PubliCola obtained from a source, also accused Betts of creating a “toxic work environment.”

Betts was the fifth director of OPA, which was previously called the Office of Professional Accountability.

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2. As we reported this week, the City Council voted 6-3 to reject a 2 percent tax on capital gains that mirrors the state capital gains tax, which statewide voters overwhelmingly upheld in the November election. Joy Hollingsworth, who voted for the new tax in the council’s budget committee (which includes all nine council members), switched her vote to “no,” dashing progressive hopes that capital gains would be an easy win just as soon as progressive Alexis Mercedes Rinck joins the council.

As I said on this week’s “Hacks and Wonks” podcast, recorded on Thursday before the vote, Rinck will be an advocate for the tax—in stark contrast to the appointed council member she defeated, Tanya Woo, whose husband is the lead trader at an investment firm. But as I also noted, Hollingsworth’s (and Dan Strauss’s) support for the tax was squishy—it’s much easier to take a controversial position when you know a bill won’t pass then cast the deciding vote in its favor.

However, I said I considered it politically risky to switch a vote on something as consequential as a capital gains tax: Council members have to consider their decision carefully and give a solid reason for doing so. Otherwise, they risk looking flaky—look at former council member Andrew Lewis, who voted against arresting people who use drugs in public before voting for it, and ended up losing to his more conservative challenger Bob Kettle anyway.

Apparently, I was wrong on this point—Hollingsworth didn’t give a substantive reason for her vote, instead offering the explanation that the budget committee (that is, the whole council) ended up with a “do not pass” recommendation, with four of nine council members supporting it. If Hollingsworth remains a no on the tax, it’s unlikely to pass.

3. Prior to Thursday’s vote, Hollingsworth dismissed her legislative director, Logan Bowers. (Unlike previous councils, where each legislative assistant typically staffed a different policy area, most of the current council members have slotted their staffers into a hierarchical structure where a “chief of staff” oversees a couple of “directors.”)

Reportedly, Bowers—an extremely online former software engineer who likes to spar with progressives on social media—had a habit of inserting himself between Hollingsworth and other council members in a way that made it unclear whether he was representing Hollingsworth’s views or his own. It’s unclear what incident, if any, prompted his sudden dismissal on Wednesday. Neither Bowers nor Hollingsworth responded to requests for comment.

Bowers, who owns several weed stores with his wife,  tried to challenge Kshama Sawant in District 3, the seat Hollingsworth now holds in 2019. He lost in the primary.

Officer Suspended for Excessive Overtime—Again–After Claiming He Worked 133 Hours In One Week

By Erica C. Barnett

Ron Willis, a Seattle police officer who received a one-day suspension in 2021 after the Seattle Times reported on his excessive overtime claims, has received another unpaid suspension—this time, for 90 hours—for violating the exact same policy. According to disciplinary records obtained by PubliCola, Willis reported working 133 hours in a single week, including 93 hours of overtime, plus 10 hours of vacation. SPD policy prohibits officers from working more than 90 hours a week.

A disciplinary report signed by Interim Police Chief Sue Rahr in September says the chief decided to double the suspension recommended by a disciplinary committee “to ensure you get the message, unequivocally, that if you violate the work-hour maximums policy again, you should be prepared to receive serious discipline, up to and including termination.”

In an appeal to the city’s Public Safety Civil Service Commission, Willis called the 90-hour suspension “excessive” and requested a lighter punishment.

According to the Office of Police Accountability, Willis was paid for 143 hours (including 10 hours of vacation time, which don’t count toward the 90-hour limit) between November 11 and November 18, 2023. Willis reported working 19 hours a day on six consecutive days during that period, leaving just five hours a day to sleep, eat, or do anything else.

The new violations came just days after Willis violated a number of different policies by failing to respond to a Priority 1 domestic violence call from a woman screaming for help while a man was beating her “bloody.” Willis received a four-day suspension for that violation, appealed, and was suspended for three days, the disciplinary report notes.

Willis admitted to OPA that he had violated the policy against excessive overtime, according to the OPA summary of the case. But according to a Rahr’s disciplinary report, Willis seemed unrepentant, telling investigators “that the policy was not regularly enforced, and that many supervisors had a ‘don’t ask don’t tell’ preference regarding it, because staffing was so low.”

Willis made nearly $415,000 in 2019 and has $362,000 in 2022, making him one of the highest-paid SPD employees. His base salary is around $160,000.

According to Rahr’s report, Willis implausibly claimed he “got 5.5 hours of sleep even when you were working 19 hours a day six days in a row, and you told me that’s all the sleep you need. You denied ‘sleepwalking’ through your shifts, cited your nearly thirty years with the Department, and noted your previous military career—which you suggested might explain your ability to function without as much sleep as most people need. You argued that you were being singled out for violating the 90-hour limit, when others had also violated the policy and not been punished, although you declined to provide specifics.”

The report continues:

It is not possible to get five-and-a-half hours of sleep in-between 19-hour workdays as you claim you did (the maximum would be five hours). But even if you did go directly to the bunkroom or to your car to sleep immediately upon completing your 19 hours of work every time, I disagree that this would have been sufficient. Rather, it still would have created a safety issue, both for you and for the community we serve. All the scientific research I have seen suggests that sleep-deprived people function similarly to intoxicated people2 and you did not present me with any contradictory evidence. You claimed that you are unique and can function on very little sleep. I am not convinced that you are able to function consistently and safely on less than 5 hours of sleep between working 6-consecutive 19-hours shifts. You are placing yourself, and those who depend on you at risk.

Last year, SPD’s overtime spending ballooned 46 percent, to $57 million, SPD budget director Andrea Socci told the city council’s budget committee in October. Mayor Bruce Harrell’s budget proposal would boost overtime spending even further, adding another $10 million for police to conduct “emphasis patrols” in and around downtown Seattle.

Back in 2016, the city auditor found major shortcomings in SPD’s overtime system, including a lack of oversight into how much overtime officers report and whether they’re violating department policy. That report led to some reforms, but SPD still hasn’t completed a key recommendation: Creating an automated system to monitor overtime and flag timesheets when officers go over the maximum amount. SPD’s proposed 2025 budget includes $1.9 million for timekeeping software that SPD says will improve overtime tracking, but it’s unclear whether the new software will fulfill the auditor’s recommendation that SPD put “automated controls in place to catch overtime errors and non-compliance with overtime policies.”

Willis was caught abusing the overtime policy after a lieutenant reported him to OPA. The PSCSC has not scheduled his appeal hearing yet, and the agency’s director declined to comment on the ongoing case.

SPD has not responded to questions about its overtime tracking policies sent on Tuesday morning, but we’ll update this post when we hear back.

Consent Decree Will Remain In Place Until City “Gets It Done” On Crowd Control Policies, Judge Says

Deputy mayor Tim Burgess. Photo by Andrew Engelson.

by Andrew Engelson

In a status hearing in US District Court on Wednesday about the consent decree between the US Department of Justice and the Seattle Police Department, Judge James Robart expressed frustration that his efforts to pressure SPD to adopt tougher accountability and discipline policies for misconduct were like “rolling a rock uphill.” But he hinted that, if the city council passes legislation addressing SPD’s responses to large protests, Robart may be willing to finally terminate the decree after twelve years.

Seattle has been under federal oversight since 2012, after a Department of Justice investigation found SPD had engaged in biased policing and excessive use of force and that it lacked meaningful oversight and accountability mechanisms to address misconduct. Last year, Robart ended most of the consent decree, with the exception of SPD’s crowd control policies and its accountability and discipline system. 

The hearing centered mostly on those two items, as Robart grilled assistant city attorney Kerala Cowart about SPD’s progress–or lack of it–on those remaining issues. 

Robart questioned Cowart about crowd management, which has played a key role in the consent decree hearings after the 2020 Black Lives Matter protests, saying, “You acknowledge in your briefing that the termination of the consent decree will not take place until we have a crowd management policy.”

Cowart replied that the “process has not proceeded as quickly as we would like,” but that the mayor’s office will be submitting legislation to the city council in the next few weeks outlining a new crowd control policy.

The legislation, according to an email that the mayor’s office sent to the city council on Wednesday, will prohibit the use of crowd control tools unless “unless specific facts and circumstances are occurring or about to occur that create an imminent risk of physical injury to any person or significant property damage.” It also prioritizes de-escalation, and makes SPD policy consistent with recently passed state legislation.

A DOJ attorney said he was “pleased to see a proposal has been sent to the city council. But we need to get a policy submitted to the court and to the monitor.”

Robart then addressed the second, thorniest remaining issue: accountability and discipline. The judge lamented his own “inability to affect the collective bargaining agreement,” noting that while the mayor and city council approved a retroactive police contract, they largely left new accountability measures off the table. 

Cowart pointed to small concessions the city got in that contract, including modification of the 180-day deadline for OPA investigations and a request that outside arbitrators, who hear discipline appeals, “give deference” to the police chief’s decisions about whether to fire officers or not.

Robart, however, pointed to recent cases such as a former SPD officer seeking $600,000 in back pay after an arbitrator said she had been wrongly fired in 2017 after shooting at a fleeing stolen vehicle.

Toward the end of the hearing, Robart, seeming exasperated, urged the city to “get it done” on crowd control policies “and then get [officers] trained.”

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Joel Merkel, the only current co-chair of the Community Police Commission, said “the judge seemed to accept that he may have some limitations as to what he can achieve, and he wasn’t interested in leaving the consent decree open just to ensure better outcomes in collective bargaining.”

The CPC, which filed an amicus brief prior to today’s hearing, reminded Robart in that document that he found the city out of compliance in 2019 because of inadequate accountability measures, and noted that the new SPOG contract still requires an “elevated standard of review …for termination cases where the alleged offense is stigmatizing to a law enforcement officer,” making it harder to prove misconduct in cases where discipline might make it harder for an officer to get another job.

Lisa Daugaard, co-director of Purpose Dignity Action (formerly: the Public Defender Association) said, “It’s time for the consent decree to end. It’s time for the public to be able to turn directly to Seattle officials for responsibility with respect to all these matters.”

Daugaard said the decree has mostly been a distraction from reform, though she did praise it for pushing SPD to more accurately track data on bias in policing. “It has not been helpful to have this theory that there was someone else who was going to intercede,” she said. Daugaard said the council and mayor should negotiate a return to the reforms passed by the city council in 2017, and largely abandoned in the 2018 SPOG contract. “We should return to that framework, and the city should negotiate to accomplish it.”

After the hearing, deputy mayor Tim Burgess, who oversees public safety for the mayor’s office, took a few questions. When asked what accountability improvements the mayor’s office would like to see, Burgess said the process of investigating misconduct through the city’s Office of Police Accountability  is “working exceptionally well,” but that he would like to see the state legislature pass a law making it harder for arbitrators to reverse the police chief’s disciplinary decisions.

“We are not going to achieve reform of arbitration through collective bargaining,” Burgess said.. 

Burgess also said there are currently 42 applicants for the chief of police position and that the mayor intends to make a decision by December. “The mayor is going to appoint a citizens committee or group, or whatever we’re going to call it, that will be involved with the semifinalists,” he said.

When asked if former chief Adrian Diaz, who is still on SPD payroll at $380,000 a year, will remain on staff after the new chief is hired, Burgess said, “I don’t think I want to talk about that.”

Former Community Police Commission Director’s 2025 Budget Slashed Staff Unnecessarily

Former Community Police Commission Director Cali Ellis and Co-Chair Joel Merkel

By Erica C. Barnett

Cali Ellis, the former executive director of the embattled Community Police Commission, has reportedly threatened to sue the CPC for discrimination, alleging that she was fired because of a disability she recently disclosed to the commission.

Ellis was quietly put on indefinite administrative leave earlier this year and replaced on an “acting” basis in August by former CPC director Bessie Scott, who just accepted a position as city manager of Antioch, California.

Before leaving, Ellis proposed eliminating the positions of several staffers, apparently in lieu of firing or disciplining the people currently in those positions.

Although Mayor Bruce Harrell asked every city department to identify potential cuts of 8 percent to help close the city’s $250 million budget gap, the CPC and its 10-person staff were exempt from this directive because the police department is still under a federal consent decree, with a hearing on the agreement coming up in Judge James Robart’s courtroom on October 16.

Nonetheless, PubliCola has learned, Ellis submitted a 2025 budget that cut two of the CPC’s community engagement staffers—a reduction that would represent far more than 8 percent of the commission’s budget. The move caused immense consternation among commissioners, who were unaware of Ellis’ decision until it was too late to undo it.

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Although the City Budget Office finessed the budget-in-progress to reduce the the proposed cut by half, they did so by keeping both positions but cutting them in half—a move designed to satisfy no one, except perhaps Judge Robart, because the budget would not show a reduction in the number of CPC positions.

Because the mayor’s budget proposal is balanced and almost out the door, the CPC will have to go to the city council and propose cuts to some other department if it wants to claw back the positions—a potentially daunting task with a new, inexperienced council just going into its first budget cycle, with an agenda that has so far been heavy on police hiring and light on police accountability.

The CPC recently hired a deputy director, but currently lacks a policy director and is short several several staff, including a community engagement staffer who’s on loan to another department and may not return. Another community engagement staffer recently resigned in a mass email to the commission, CPC staff, and a list of CPC stakeholders.

“I was excited by the CPC’s mission to uplift the voices of the underrepresented and those most impacted by unconstitutional policing, along with helping to build bridges between SPD and the community for healthy police reform,” the staffer, Jo-Nathan Thomas, wrote. “However, I believe the CPC has become a farce that I can no longer serve with true integrity.”

Neither Ellis nor the commission’s most recent policy director, Linnea Lassiter, responded to PubliCola’s questions. Lassiter worked for the CPC briefly this year but also reportedly left involuntarily. CPC co-chair Joel Merkel declined to respond to questions, except to confirm that Ellis is “on leave.”

The CPC has stopped holding regular meetings, which used to happen every two weeks; the most recent meeting, in early September, consisted entirely of an executive session to discuss pending litigation.

Seattle’s Community Police Commission, a Key Part of the Police Accountability System, Is In Trouble

Donnitta Sinclair Martin, whose son was killed at CHOP in 2020, confronts the Community Police Commission at a meeting in May.

The CPC, which is supposed to represent community views and come up with recommendations to improve police accountability, has struggled for years, with frequent staff upheavals, political disputes, and a lack of internal accountability.

By Erica C. Barnett

In late April, as the Seattle City Council considered a contract with the Seattle Police Officers Guild that would give all police officers a 24 percent pay increase, the city’s Community Police Commission held a public meeting at the Van Asselt Community Center in Southeast Seattle to get the public’s input on the agreement.

The CPC is the community-based arm of the three-pronged police accountability system Seattle established in response to a federal consent decree in 2012; its mission is to listen to feedback from diverse communities and advocate for policies that improve police accountability. In 2017, the city adopted a landmark police accountability law that professionalized the CPC and made it fully independent.

“This is the first of many meetings that we’re going to have on the contract,” CPC executive director Cali Ellis told the small crowd, who were sparsely distributed on folding chairs throughout the community center’s gym.

Right away, though, it was clear that most people hadn’t shown up to talk about the SPOG contract. Donnitta Sinclair Martin, whose 19-year-old son, Horace Lorenzo Anderson, was fatally shot in the CHOP protest area in 2020, stood up. The city, she said, had failed to take accountability for her son’s death—and the CPC had failed to put pressure on them to do so. “And we sit here having these meetings. I came here to ask you: What are we going to do? And when are we going to do it?”

CPC co-chair Joel Merkel, sitting with Ellis at the front of the room, responded, “Thank you,” prompting Martin to snap, “No, that’s not the answer!” Ellis remained silent, wearing a placid smile. “Don’t smile at a mother that lost their child. Please don’t smile. Because you could be in the same position. What happened to me can happen to you. So don’t. Don’t smile. This is not funny,” Martin said.

Other speakers criticized the CPC and the city’s police accountability system, prompting the CPC’s other two co-chairs, Rev. Patricia Hunter and Rev. Harriett Walden, to argue that the CPC’s role was to recommend policies for SPD to adopt, not protest against the police. “Marching in the street is important,” Hunter said. “We may feel good at the end of the day because we marched the street, but if the policies didn’t change, then nothing happened.”

As the meeting wound down, SPD staffer Victoria Beach stood up and apologized to Ellis and Merkel. “I have to say, this was a waste of time coming here. This isn’t the time or place for these kinds of conversations,” she said. “I’m sorry about you being humiliated. I support you. This is ridiculous.”

Afterward, accusations flew about who was to blame for the poorly attended forum, which ended up being the only meeting the CPC ever held on the contract, despite the commission’s promises that it would be the first of many meetings. One staffer told PubliCola that the CPC had failed to engage with the community before holding the meeting, which was scheduled on the same night as a major public safety forum in the Central District. Another said the fact that the CPC had not allowed public comment for more than a year made it inevitable that pent-up frustrations would come pouring out. A consultant who was hired to facilitate CPC meetings filed a critical internal report about the meeting, and was quickly relieved of her duties. And commissioners pointed the finger at staff, saying they failed to rise to the occasion or had even tried to sabotage the event.

It was, in other words, a mess. And if it had been a one-off planning failure, it probably wouldn’t matter. The CPC could figure out what went wrong, regroup, and hold another meeting. It could do better outreach in the future. Heads, if necessary, could roll.

But the fiasco was a sign that something was fundamentally amiss with a group whose primary purpose is to channel public input on police accountability and turn it into policy

For the better part of a decade, the CPC’s internal and external problems have recurred on a predictable cycle, suggesting that the flaws in the agency aren’t due to any particular director, set of staffers, or group of commissioners, but are endemic to the body itself. After more than a year of dramatic upheavals and messy meetings—including a different public forum, last February, that devolved into a tearful screaming match—the CPC is once again at a critical inflection point. I wanted to understand why this commission, among all the other agencies in the city, keeps falling apart.

Over the past two months, I spoke to many current and former CPC members, staff, and people involved in establishing the CPC. They describe a top-down organization where employees have no formal outlet to complain about abusive behavior by management or commissioners; where community engagement staffers are devalued and required to carry out menial tasks; where communities affected by violence are ignored or harmed; and where a few people at the top dictate the priorities and practices of an organization that was meant to be a bottom-up reflection of community values.

Most of the people I talked to have come to the conclusion that the CPC isn’t workable in its current form. While many, especially current and recent staff, were deeply critical of Ellis’s leadership, they also described structural issues that go beyond current staff and commissioners—issues that have been present for many years.

In addition to the CPC, the 2017 accountability ordinance established two other “accountability partners”: The Office of Police Accountability, which investigates police misconduct claims and the Office of  the Inspector General, which oversees OPA and SPD. Of the three city-funded bodies, only the CPC is administratively separate and independent from the city, with no direct line of accountability to the executive or legislative branch. Three of its 15 members serve as co-chairs; these co-chairs are the direct supervisors of the executive director, who in turn oversees of staff of about seven people.

Of the three accountability agencies, the CPC is supposed to be the one most responsive to, and representative of, communities impacted by violence and police misconduct.

“For the CPC’s first five years, it functioned as it was intended—as a platform for the combined insights of various community sectors on public safety, policing and police accountability,” said Lisa Daugaard, a founding CPC member who served through 2019. Daugaard is the co-director of Purpose Dignity Action (formerly the Public Defender Association), which created the LEAD diversion program. “The whole point was to ensure that community expertise was not shoved to the side or steamrolled over by officials’ pronouncements that everything was solved.”

“We were also intended to forge consensus from divergent points of view, and we did that, bridging the gap from accountability activists to active duty police officers and commanders,” Daugaard said.

But since the city formalized the three-prong police accountability structure in 2017, the CPC has struggled to have an impact. For years, commissioners have complained that the city ignores the CPC’s recommendations, and over time, many insiders say, the commission has become less like a committee of dedicated subject matter experts and more like a club overseen by an insular group of leaders who preside over a constantly changing cast of characters.

Former commissioners described arriving to their first meetings eager to gather community feedback and come up with policy recommendations that would make a meaningful difference in people’s lives, only to leave months or years later, convinced that their time had been wasted.

“The CPC is a great idea in theory, but the CPC does not have the power to change things,” a former commissioner, Alina Santillan, said. “The entire time I was there, we wrote a lot of letters, recommended a lot of things, expressed disappointment. … I don’t think the CPC has ever been bold in the statements we’ve made or the things we’ve advocated for, and that has resulted in a lot of harm, both internally and externally.”

“A Lack of Leadership”

Current and former CPC staff point to the current executive director, Cali Ellis, as the source of recent problems within the agency.

Ellis, originally hired as the CPC’s policy director, was promoted to the top position after the commission put then-director Brandy Grant on leave in late 2022 (Grant subsequently resigned.) Although some on the City Council questioned  whether Ellis—an academic and policy expert who had never held a management position—was prepared to take on the permanent job, the council approved her appointment in December 2023 after a delay of about four months. Ellis’ husband, Steven Ellis, is a legislative aide for Sara Nelson, who is now city council president and who voted to approve Ellis’ appointment.

Several staffers and commissioners praised Ellis’ work as policy director, where her job involved overseeing a small staff of analysts who do research and come up with proposals to improve police accountability in Seattle. But once she became head of the entire CPC, staff began raising concerns about her management style, which staffers and a CPC commissioner described to PubliCola as condescending, indecisive, and controlling.

As an example, several people independently mentioned a CPC work group that was asked to research and make recommendation on two potential police surveillance tools—a Shotspotter-style acoustic gunshot locator system and CCTV cameras—earlier this year. Ellis assigned a CPC staffer to help the group with their work.

Once the group was ready to present their recommendations, however, Ellis and the CPC co-chairs used a flurry of procedural objections to delay their presentation, telling the group that commission bylaws required them to attend the commission’s governance subcommittee meeting, which is made up of the CPC co-chairs and Ellis, prior to the regular CPC meeting. Members of the group, which was made up entirely of Black commissioners, expressed frustration that they were being sidelined, and some suspected that the reason was that the recommendations didn’t explicitly support the surveillance technologies.

Co-chair Harriett Walden, who has served on the commission since 2013, is a veteran of the police accountability movement, founding a group called Mothers for Police Accountability in 1990. In recent years, Walden has become a vocal advocate for more police presence in communities of color, and she was an avid supporter of the surveillance tools, arguing they would help reduce gun violence in Black communities.

Her views are generally shared by her co-chair, Rev. Hunter, and decried by other Black advocates for accountability—a reminder, if anybody needed one, that no group of people impacted by city policies is monolithic. (Hunter resigned her CPC position in June, leaving Merkel and Walden as the two co-chairs).

The delay in the Shotspotter and CCTV recommendations led one staffer to make the unusual move of calling out Ellis in a public meeting for her “lack of leadership.”

“This was something that we were asked to do by our executive director, Cali, with the expectation that we would be talking about it today,” the staffer said during a regular CPC meeting in February. “It was something that we were told was urgent and a priority for the CPC, and that we needed to work really quickly to get it done. So we got together and we got it done, and then we were told that we couldn’t talk about it today.” Moments later, the staffer said Ellis had instructed them over Teams to stop talking, so they did.

The work group was finally able to present their recommendations in March. But at the following meeting, the CPC didn’t even bring the recommendations up for a vote. Instead, they put out a statement written by a white CPC member, attorney Lynne Wilson, who was not involved in the work group; it said the CPC “does not oppose a time-limited and location-limited surveillance pilot with the primary aim of reducing gun violence in our City,” given that “a significant number of CPC Commissioners report that the communities they represent are profoundly suffering from the daily trauma of increasing gun violence in Seattle.”

At a meeting in March, Wilson said she worked with Walden on the statement and had proposed it on a fast time frame in what she called “my Mothers [for Police Accountability] mode,” which she had developed over 30 years of working with Walden.

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The statement did not go over well with those who researched and drafted the original recommendations. “All the people who worked on it were people of color, and what we used was something one white lady put together from her own brain,” one CPC staffer said. “They felt super disrespected by that, and since then they have been super disengaged from the commission and the work groups.”

Ellis was abruptly put on administrative leave in late July for reasons co-chair Merkel declined to discuss; she did not respond to questions sent to her personal email. The commission’s co-chairs are currently in the process of hiring a deputy executive director to support her or a future executive director—in the hope that that person can share the load of a role that has been a challenge for every person who has filled it over the past eight years.

“A Vacuum of Accountability”

Current and former staffers say they were unable to get anyone to listen or take action on issues with Ellis’ management—not the City Council that approved of her appointment, not the mayor, and not the human resources department that ordinarily adjudicates internal workplace disputes. This, they say, is because of the CPC’s unique position as an independent agency: Other than the appointment process, the council and mayor are supposed to have no direct involvement in internal CPC decisions, and the CPC’s bylaws provide no recourse for staffers to complaint to HR about the director.

In practice, staffers say, they did talk to HR and the CPC’s internal ombudsman about Ellis but were told nothing could be done. This lack of internal accountability, current and former staffers said, is a key reason internal issues tend to escalate to the point where everyone goes on leave or quits.

“We were operating in a vacuum of accountability,” a former staffer said.

As the council deliberated over Ellis’ appointment, several staffers who opposed her appointment sought a meeting with then-City Council public safety committee chair Lisa Herbold, a longtime champion for police accountability who held considerable sway over the decision. Ellis, who had access to the email account of another staffer who had just quit in response to her nomination, found out about the meeting from an email to that staffer and ordered her staffers not to go, according to several people who were on staff at the time.

Eventually, staffers did meet with Herbold to express their concerns about Ellis. Although Herbold ultimately voted to approve Ellis’ appointment, she conditioned her support on the requirement that Ellis get executive coaching, according to emails PubliCola obtained through a records request.

The CPC’s three co-chairs—Walden, Merkel, and Hunter—pushed back on the coaching requirement, according to an email exchange. They argued that Ellis had performed “admirably” in the face of “unprofessional and insubordinate conduct” by staff, including the request for a meeting with Herbold, and showed “emotional intelligence, professionalism, and clarity on the vision and goals of the CPC.”

Herbold, who was wrapping up her final year on the council, told PubliCola that the four-month delay in Ellis’ appointment “was related to a number of factors ranging from the budget process to my efforts to secure agreement from the CPC co-chairs on several matters related to the confirmation process.” Herbold declined to comment on Ellis’ performance.

Community Police Commission Director Cali Ellis and Co-Chair Joel Merkel

“We Were Constantly Told That We Weren’t Doing Work”

Community engagement is the core of the commission’s work; as the city’s only police accountability agency designed to reflect and represent community input, the CPC’s small community engagement staff is critical to its mission. But current and former CPC staffers and commissioners say community engagement staffers, and their work, have been devalued for many years.

At the CPC, community engagement involves listening to community concerns, gathering feedback for the commission, and helping direct the policy staff toward solutions the commission can then advocate for with the mayor, city council, and state legislative leaders.

Current and former staffers said Ellis’ behavior toward the community engagement staff could be dictatorial and demeaning.

“One of the things that has been consistent with the CPC is their lack of respect for community engagement staff and not valuing community engagement as much as they value policy work,” Roxana Pardo Garcia, who served as the CPC’s first community engagement director, said. Commissioners told staff that they suspected them of not doing any actual work, Pardo Garcia said, and that “we were resistant and defiant.” In reality, she said, “we would do all this work and it would never make it to the CPC agenda.”

Exit interview documents from several other staff paint a similar picture; according to a memo submitted by a former community engagement staffer when she quit, “Commissioners and executive directors repeatedly characterized the Community Engagement team as untrustworthy, lazy, and unskilled,” and accused them of “riding the gravy train.”

Last year, all three community engagement staffers went on medical leave because of stress and stress-related illnesses, as did Ellis’ executive assistant; all four are Black, and three have since left the agency. (Historically, community engagement staffers have been mostly people of color, and policy staff have been mostly white).

According to one staffer, CPC employees “take the appropriate avenues by going to HR and [the CPC’s internal] ombudsman, but there is literally nothing they can do or are willing to do. “They were like, ‘You can take unpaid medical leave,” so that’s what they all did.”

Two community engagement staff, both Black women, quit the CPC while I was reporting this story.

One, Mergitu Argo, is a former SPD community service officer, OneAmerica staffer, and case manager who chaired SPD’s East African Advisory Council and served on the Seattle Women’s Commission. She said Ellis often treated her more like a personal assistant than an experienced community advocate and subject-matter expert.

“She would pull me out from staff meetings—like, ‘Come here,’ from the hallway, saying ‘Go make phone calls to remind the commission about the meeting,” Argo recalled. (Other staffers backed up this account.) “I said, ‘I can do it when I finish the staff meeting,’ [but] she said, ‘No, you can do it now.” According one former staffer , “she was dismissed—literally waved out of the meeting to go make phone calls.”

On another occasion, multiple staffers recall, Ellis ordered Argo to carry commission co-chair Walden’s purse across the street to her car. Felicia Cross, who was Argo’s supervisor, recalls telling Ellis, “She will not. And [Ellis] is saying, ‘Well, somebody needs to carry Reverend Walden’s purse,’ and I said ‘Why don’t you take it?’ I said, ‘Mergitu’s not leaving, and if Reverend Walden can’t carry her own purse she shouldn’t bring it.'”

On another occasion, prior to the November 2023 election, commission co-chair Joel Merkel asked a community engagement staffer, Felicia Cross, if she could  volunteer for his wife, Sarah Reyneveld’s, King County Council election campaign, and ask others to volunteer. Argo agreed to pose for a group photo, and later volunteered to doorbell for Reyneveld, but later felt that “I was being used” to make it look like Reyneveld had support from diverse communities.

“I’m an immigrant and a Black Muslim woman,” Argo said. “I’m always afraid when someone in that position—someone white—talks to me because I feel like I just have to get up and do it.”

Shortly after the incident when Ellis reportedly asked her to go make phone calls, Argo said she decided to take medical leave  to deal with stress-related health problems; the other community engagement staff took leave around the same time, also citing stress-related medical issues.

When they returned this past March, Argo and other staffers recalled, Ellis told them she was going to “micromanage” the community engagement team, deciding when they could take breaks and requiring them to keep a detailed accounting of how they spent their time. Cross recalled that another staffer asked Ellis, “is that just for us? Because you let all the white people go.’ And she said, ‘You’re the only ones I have trouble with.'”

Argo announced her resignation during the most recent CPC meeting. “I really love what I do with community as a community engagement person,” she said. “But I was not allowed to do this job. And that’s why I’m resigning from this position.” Continue reading “Seattle’s Community Police Commission, a Key Part of the Police Accountability System, Is In Trouble” →

Decision on Discipline for Daniel Auderer, Police Union Leader Who Laughed Over Death of 23-Year-Old, Imminent

 

Also, SPD reassigns sergeant accused of sexual harassment and discrimination to a different division.

By Erica C. Barnett

Seattle Police Officers Guild vice-president Daniel Auderer, who was caught on tape joking about the killing of 23-year-old Jaahnavi Kandula by a speeding officer last year, had his “Loudermill” hearing yesterday—an opportunity for public employees accused of misconduct to present their side of the story and answer any accusations against them. Auderer’s hearing was supposed to take place on April 1, but has been delayed at least twice since then. .

Seattle interim police chief Sue Rahr now has 21 days to make a decision about whether to discipline Auderer, and if so, what discipline to impose. The Office of Police Accountability has recommended discipline ranging from a 270-day suspension to termination.

Auderer has remained on duty, but in a non-patrol role, since last fall.

Last year, Auderer was driving away from the scene where officer Kevin Dave struck and killed Kandula when he inadvertently recorded a snippet of his conversation with SPOG president Mike Solan on his body-worn video. Dave was driving 74 miles an hour on Dexter Ave., where the speed limit is 25, when he struck and killed Kandula in a crosswalk. He had his lights on but had only “chirped” his siren at stop light down the street, and he was driving so fast that it was physically impossible for Kandula to get out of his way, according to a subsequent investigation of the collision.

On the tape, Auderer said he didn’t think there would be a need for a criminal investigation because Dave was “going 50 [mph]—that’s not out of control,” because Kandula may not have been in a crosswalk, and because Dave had “lights and sirens” on. Auderer also said he didn’t “think she was thrown 40 feet either.” All of these statements turned out to be incorrect. Dave also remains employed by SPD and did not face criminal prosecution for Kandula’s killing.

Then, in comments that were reported around the world, Auderer confirmed, “But she is dead,” laughed loudly at something Solan said, and responded, “No, it’s a regular person. Yeah.”

“Yeah, just write a check,” Auderer continued. Then he laughed again for several seconds. “Yeah, $11,000. She was 26 anyway, she had limited value.” At this point, Auderer turned off his body camera and the recording stopped.

In a memo recommending a severe penalty, OPA wrote that Auderer had explained away his comments by claiming he and Solan were talking about the likelihood that the city’s attorneys would place a low “value” on Kandula’s life, with all the explicit discussion of attorneys happening on Solan’s unheard, and unrecorded, end of the call. “Even crediting your explanation as true, that does not excuse the callousness of your comments,” the OPA’s draft disciplinary report says.

Nor does it explain your full-bellied laughter. That you thought you were having a private conversation is not a mitigating factor – indeed, it made your commentary and laughter even more disturbing in the eyes of many, and confirmed for some their belief that Seattle Police Officers, however outwardly courteous they may be, entertain perverse ideas about community members, particularly when those community members are not white males.

In the past, the memo continued, SPD has fired officers for sending texts “showing biases towards women, lesbians, and people of color” and for referring to a Black community member as “Kunta Kinte.”

SPD confirmed the date of Auderer’s Loudermill hearing but did not provide any additional information about when Rahr will make her decision.

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In other SPD news, the department confirmed that Lt. John O’Neil, who has been accused of sexual harassment, retaliation, and gender discrimination, is no longer the head of the department’s communications office. Instead, SPD says, he has been moved to SPD’s criminal investigations department, where he will once again oversee women. As we reported earlier this year, all the staff who worked for O’Neil in the public affairs department quit or sought out other assignments in the department, including three women who took voluntary demotions to leave. Under O’Neil, the office became all male.

SPD maintains that it has always been the plan for O’Neil to transition out of the public affairs office, where the director has traditionally been a sergeant, not a lieutenant.

In a lawsuit against SPD and the city, four women have accused O’Neil of grooming, predatory behavior, retaliation, discrimination, and weaponizing the accountability process by filing frivolous complaints against his accusers with the OPA.