Tort Claim by Two Fired SPD Employees Alleges Gender, Anti-LGBTQ Discrimination Under Police Chief Shon Barnes

Barnes’ chief of staff reportedly responded to concerns about a crackdown on the longtime nude beach at Denny Blaine Park by saying, “We’re not here for the gays.”

By Erica C. Barnett

Two former civilian Seattle Police Department employees, former general counsel Rebecca Boatright and former chief operating officer Brian Maxey, have filed tort claims against the city, alleging they were “subjected to a widespread course of retaliation and wrongfully terminated” because they opposed decisions made by Barnes and his predecessor, Sue Rahr.

Boatright is also claiming gender discrimination. Maxey is seeking $4.5 million, while Boatright is seeking $6.5 million.

Barnes abruptly fired Boatright and Maxey early in the morning on November 5, less than 12 hours after the first ballots dropped in the mayoral election.

The two were among the longest-serving civilian members of the department, and “the only City employees to navigate the Consent Decree between the United States and the City from start to finish,” according to their claim.

The tort claim, which will lead to a lawsuit if the city declines to settle within 60 days, claims that the department retaliated against Maxey and Boatright for objecting to a number of decisions, including “personnel moves (promotions, demotions, and assignments) that reasonably appeared to be rooted in retaliation or discrimination based upon sexual orientation or gender.”

This is an apparent reference to two hiring decisions. First, Barnes chose to promote Mike Tietjen, a lieutenant who became infamous for his over-the-top misconduct during the 2020 protests on Capitol Hill, to captain of the East Precinct, passing over a gay lieutenant who had been serving as acting captain and was well-liked within the surrounding Capitol Hill community. (Barnes later rescinded his decision and put a different captain in charge at the East Precinct).

In an email to command staff earlier this year, Barnes blamed PubliCola’s reporting for community backlash against his decision to promote Tietjen, as well “a lack of comprehensive input from those involved in employee assignments and internal leaks within our department.”

Barnes had previously come under fire for overseeing a dramatic crackdown on the historic LGBTQ+ nude beach at Denny Blaine Park,  in which officers showed up prepared to arrest or trespass anyone who wasn’t wearing clothes. According to people familiar with the conversation, Barnes’ chief of staff, Alex Ricketts, brushed Boatright off when she told Ricketts he and Barnes needed to take the LGBTQ+ community’s concerns seriously, telling her, “We’re not here for the gays.”

Second, Barnes’ Deputy Chief Yvonne Underwood allegedly decided not to promote a gay detective who was serving as acting sergeant over SPD’s policy division, passing her over for the permanent position despite the fact that, like the acting East Precinct Commander who got pushed aside in favor of Tietjen, she was already doing the job. Instead, the woman, a single mom, was assigned to an overnight patrol position, which conflicted with her duties as a parent—a common issue faced by female cops, and one SPD has claimed it wants to solve as part of the “30 by 30” effort to have a recruit class that’s 30 percent women by 2030.

Boatright, Maxey, and executive staff in Harrell’s office also questioned Barnes’ decision to award $50,000 hiring bonuses, created explicitly to recruit trained rank and file officers, to two of his new command staff, and to accept the same bonus himself. Barnes and Deputy chief  Yvonne Underwood also took $2,000 recruitment bonuses for hiring the same two executives. PubliCola reported exclusively on the bonuses in a series of stories earlier this year, which led to another search for “leaks” in the department, according to multiple internal sources.

During a conversation about the bonuses that took place in his office, Ricketts reportedly dismissed Boatright’s legal concerns, saying she didn’t know what she was talking about, according to people familiar with the conversation. When Underwood arrived at the office, Ricketts reportedly told the deputy chief, “This girl’s talking foolishness.”

The claim also alleges that in order to justify the highest possible pay classification, Executive 4, for a new position he created for his longtime colleague Lee Hunt, Barnes handed a significant amount of Boatright’s work, along with employees she supervised, to Hunt. “The Chief of Police told Ms. Boatright that the effective demotion was necessary to ‘justify [Hunt’s] Exec 4 classification,'” according to the claim. Boatright had a lower job classification—Executive 3—that tops out in the high $200,000s. Hunt’s salary is $302,000 a year, more than the mayor and most city department heads.

Another issue Boatright and Maxey raise is Barnes’ response to their concerns about an anti-prostitutions initiative in which undercover officers photograph men they believe are paying sex workers on Aurora Ave. N and send the photographs, along with a sternly worded “john letter,” to their homes, with the goal of shaming the men out of paying for sex in the future. (Seattle has had similar programs in the past but found them ineffective). The two expressed concern that the letters could violate people’s state constitutional right to privacy in their own homes and family affairs and lead to potentially violent confrontations with partners.

In the same email that blamed “leaks” and media coverage for the LGBTQ+ backlash against Tietjen’s appointment, Barnes noted “internal resistance” to the new “initiative to combat human trafficking along the Aurora Street [sic] corridor.”

“I want to reiterate that both I and the mayor’s office fully support this program,” Barnes wrote. “Leadership sometimes involves taking risks, and I firmly believe that proactive measures are necessary, even in the face of opposition Those who are not aligned with this mission are encouraged to have an open conversation with me or consider their place within our department.” This email, which quickly circulated outside its intended audience, was widely viewed as a threat: If you disagree with the chief, keep it to yourself or GTFO.

Mayor-elect Katie Wilson, who will take office on Friday, announced earlier this month that she will keep Barnes as police chief.

Maxey and Boatright declined to comment. SPD’s communications office respond to questions by saying, “The department respects the legal process and cannot comment on ongoing legal matters.”

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