Ruling Orders UW to Reinstate Police Patrols at Dorms, COVID Hits Home at SPD and City Hall

1. The state Public Employee Relations Commission, which arbitrates labor disputes within state agencies, reversed a decision that allowed unarmed “campus responders” to provide public safety services at University of Washington residence halls and ordered the UW to restore police patrols, represented by a different union, at the dorms. The ruling orders the UW to reassign campus cops to patrol its residence halls.

The university decided to eliminate armed dorm patrols in 2020 after protests against police violence prompted calls to divest from police across the city and nation.

The divided decision, signed by Commissioners Marilyn Sayan and Kenneth Pedersen, found that the university had failed to bargain in good faith with its campus police union when it eliminated unarmed patrols to the dorms in response to student demands for a “more holistic approach to public safety” in 2020. PubliCola broke the news about the latest PERC decision on Saturday, and covered the original decision, which was issued by a PERC examiner, last year.

The case centered on the question of whether the UW and its president, Ana Mari Cauce, had the authority to replace campus police with civilian responders without negotiating the change with the union representing the officers. The university argued that it had the authority to choose its own campus public safety model, without bargaining the changes with the union; the union argued that the issue was a matter of mandatory bargaining, and that the UW was “skimming” work away from the police department—effectively taking away an opportunity for officers to make money and giving it to new employees represented by a different union.

Although no campus police lost their jobs as the result of the shift in duties (the dissenting opinion by Commissioner Mark Busto notes that the police union “did not present evidence that the CPOs suffered any financial impact from the transfer, such as the loss of overtime”), the PERC ruling orders the UW to “make any eligible bargaining unit employees whole, with interest, by paying them wages and benefits lost as a result of the skimming found in this unfair labor practice complaint.”

2. In COVID news, PubliCola has heard from several sources that Seattle City Councilmember Sara Nelson recently had COVID but failed to inform her coworkers, including at least some council colleagues, about her diagnosis, as the city’s COVID protocols require for all city employees who work outside their homes. Nelson, who often appears on the council dais without a mask, did not respond to a request for comment.

Legislative staff routinely receive exposure notices from Human Resources when someone in their department tests positive and reports it to the city, but there have been significantly more informal reports of COVID than formal notices, meaning that others in the legislative department are not following the policy either. At least two other council members have had COVID, including Councilmember Tammy Morales, who mentioned her diagnosis in a recent public council meeting.

3. Additionally, Seattle Police Chief Adrian Diaz’ brother, acting Lieutenant Avery Jaycin Diaz, is on extended leave and reportedly plans to retire after refusing to get vaccinated, which SPD policy requires. Although neither SPD nor Chief Diaz would confirm that nonvaccination was the reason for his brother’s departure, an SPD spokesman did confirm that he has not been on active duty for some time. The spokesman said Avery Diaz had not submitted his official retirement paperwork as of mid-July.

PubliCola was unable to reach Avery Diaz, and the police chief declined to comment on the record about his brother’s departure. Property records show that he sold his house in August 2021.

As of mid-July, SPD had only fired four officers for refusing to comply with vaccine mandates, although some have retired or resigned inton lieu of termination. The department has lost around 400 officers since 2020, most due to resignations or retirements, and Mayor Bruce Harrell recently announced a $2 million “recruitment and retention” plan that would providing hiring bonuses of up to $30,000 to new SPD officers.

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