Category: Cops

Two Bills on Cop Discipline Illustrate Limits of Labor Support for Police Reform

Sen. Joe Nguyen (D-34) presents before the Washington State Senate’s Labor, Commerce and Tribal Affairs Committee on Thursday

By Paul Kiefer

Labor leaders, police accountability activists and elected officials from across the state, including Seattle Mayor Jenny Durkan and Seattle City Councilmember Lisa Herbold, testified Thursday in Olympia about two state senate bills intended to restructure or streamline the disciplinary process for police. The testimonies from the labor leadership revealed the sharp divide between Seattle’s labor movement, which distanced itself from police unions in June, and the statewide labor movement, which continues to defend police union membership—in their words, both out of solidarity and for self-preservation.

The first bill, sponsored by Senator Joe Nguyen (D-34) and a dozen of his colleagues, would streamline the arbitration process that police union members use to challenge disciplinary rulings by empowering the state’s Public Employee Relations Commission (PERC) to choose the attorneys who decide the outcomes of appeals. Under the current statewide system, both employers and police unions have to agree on an arbitrator from a pool of private attorneys; that system is rife with delays.

The bill would also prohibit police union collective bargaining agreements from including conditions that violate or nullify state or local laws; that clause would prevent a repeat of the 2018 contract between Seattle and the Seattle Police Officers’ Guild (SPOG) that nullified key elements of the sweeping police accountability ordinance the city council passed in 2017.

The second bill, sponsored by Senator Jesse Salomon (D-32) and five of his colleagues, would eliminate the arbitration process altogether and require officers to appeal disciplinary decisions to quasi-judicial bodies called civil service commissions, whose members are mostly appointed by mayors and city councils. Seattle already has its own Public Safety Civil Service Commission, but officers only appeal disciplinary decisions to that commission if their union has declined to support their appeal, which is rare.

The bill would also require departments to automatically fire any officers found guilty of a set of extreme offenses—including excessive force, hiding or falsifying evidence, and engaging in sexual contact with anyone in custody. And it would prohibit police union contracts from restricting accountability and oversight by, among other means, limiting the subpoena authority of civilian oversight bodies and allowing the sealing or destruction of officers’ misconduct records.

At their core, both Nguyen and Salomon’s bills would make law enforcement bargaining rules more distinct from the rules that govern any other employees. But to most of the labor representatives who testified at the hearing, the two bills are night and day. While Nguyen’s would limit the input of both unions and management in the arbitration process, Salomon’s would specifically limit the powers of police unions and the disciplinary appeal options for law enforcement officers.

Statewide labor leaders, including representatives from the Washington State Labor Council, argued Thursday that police accountability reforms that restrict the powers of police unions could have dire consequences for the power of organized labor in the state as a whole, threatening the due process and collective bargaining rights of all workers. Shaunie Wheeler James, the political director for Teamsters Joint Council 28 (and a member of the Port of Seattle’s Commission on Port Policing and Civil Rights), called the bill a “stalking horse for those with an agenda to undermine all workers.”

Several labor leaders dismissed the notion that the collective bargaining process and arbitration stood in the way of meaningful police reforms. State labor council president Larry Brown, for example, argued that the real barrier to reform is police management, who oversee training, hiring, and data collection about misconduct and use of force, rather than rank and file officers.

“Nothing in this bill addresses the police leadership—the chiefs, the sheriffs, and the training programs—that have allowed these culture problems to persist,” he said.

Only one labor representative testified in favor of Salomon’s bill: David Parsons, the president of UAW 4121—a union representing graduate, doctoral and postdoctoral student employees at the University of Washington.

Seattle-area labor leadership joined forces with police accountability advocates last summer, mostly notably in June, when the Martin Luther King County Labor Council expelled SPOG from their organization. That local shift was visible on Thursday, when representatives from the ACLU of Washington and Black Lives Matter Seattle-King County joined Parsons in supporting the bill, as did prominent police accountability expert and retired municipal court judge Anne Levinson and Fred Thomas, the father of a man killed by police officers in Fife in 2013 who is now a leader in police accountability lobbying group Next Steps Washington.

In contrast, both law enforcement and non-law enforcement labor lobbyists seemed cautiously optimistic about Nguyen’s bill. Joseph Kendo, the government affairs director for the WSLC, only balked at the proposal to limit the pool of arbitrators to nine members, which he said was too few to meet the statewide need. Washington State Fraternal Order of Police president Marco Monteblanco said the bill would provide officers a more consistent, unbiased arbitration process.

Police Union Head’s Refusal to Resign Raises Questions About Upcoming Contract Negotiations

By Paul Kiefer

On Monday evening, Seattle Police Officers’ Guild (SPOG) President Mike Solan sent an email to members of his guild. “Connecting with you today to directly respond to the latest media frenzy surrounding our union,” he began.

The police union leader had been under fire since last week after posting a tweet that appeared to blame Black Lives Matter activists for the attempted pro-Trump insurrection at the US Capitol, and after he refused to condemn two officers—both SPOG members—for traveling to Washington, D.C. during the attacks.

Last Friday, the Office of Police Accountability (OPA) opened an investigation into both officers. That same day, Mayor Jenny Durkan and former Seattle police chief Carmen Best called for Solan’s resignation. Since then, members of city council have added their voices to the chorus. Interim Police Chief Adrian Diaz made clear that he will only fire the two officers if the OPA investigation finds that they took part in attacks on Capitol police officers or otherwise violated federal law.

“I am in communication with those two members and have provided SPOG resources to assist them during this process,” Solan wrote in his email on Monday. “As you can imagine, we are concerned for their safety, mental health and for what appears to be their guilt by association for merely exercising their constitutionally protected first amendment rights. We are in a scary time in our nation’s history as voicing a dissenting opinion can get you ‘canceled’.” SPOG’s resources likely include defense attorneys, paid for with union dues.

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

Solan made no effort to condemn the attack on the U.S. Capitol, nor did he endorse Diaz’s plan to fire the two officers if the OPA finds that they participated in the attack.

Pivoting to calls from city leaders for his resignation—which spurred a second OPA investigation into whether his tweets violated the department’s social media policy—Solan declared that he has no intention of stepping down. “I will never bend to cancel culture as I lead this union with conviction,” he wrote. He did, however, backhandedly admit that his comments on Twitter hadn’t helped SPOG’s public image, writing that his tweets have “been spun intentionally for political reasons to hurt SPOG and limit our influence” and that he will “definitely take this as a lesson learned in Seattle politics.”

Solan did not, however, back down from his claims that Black Lives Matter and left-wing activists bear some blame for the attack on the Capitol last week. “At no point did I blame one faction over the other, including BLM, Antifa or Proud Boys,” he wrote. “What I was trying to convey is that we as police are caught in the middle of two extreme political groups (left/right) whom [sic] are vying for political control via violence.” Continue reading “Police Union Head’s Refusal to Resign Raises Questions About Upcoming Contract Negotiations”

Unclear if Cops in D.C. During Riot Will Face Discipline; Council Weighs in on Cuba; Mosqueda Aide to Run for Mayor

1. Interim Seattle Police Chief Adrian Diaz held a brief press conference on Wednesday afternoon to address both his announcement last Friday night that two SPD officers were present in Washington, D.C. on the day of the attack on the U.S. Capitol and a spike in homicides in Seattle in 2020. As PubliCola reported on Friday, the department learned that two of its officers were in D.C. through a photo posted on social media; Diaz placed both officers on administrative leave while the Office of Police Accountability (OPA) investigates whether they were involved in the attack on the Capitol.

According to Diaz’s statement Monday, another officer reported the pair to their superiors, and the photos reached Assistant Chief of Patrol Operations Tom Mahaffey and Diaz by last Thursday. Diaz said he didn’t immediately terminate the two officers because “participating in a political event on their own time, out of uniform, violates no policy or law.”

In response to questions Monday, Diaz said that he will immediately fire the officers if the OPA investigation finds that they “participat[ed] in altercations with Capitol Police” or violated federal law.

The OPA also opened an investigation into Solan’s tweets last Friday. SPD has disciplined officers for social media posts in the recent past; last January, then-police chief Carmen Best fired Officer Duane Goodman for Instagram posts attacking Hillary Clinton, Barack Obama and “illegal immigrants.”

Diaz said he didn’t immediately terminate the two officers because “participating in a political event on their own time, out of uniform, violates no policy or law.”

Halfway through his prepared remarks, Diaz pivoted to the subject of the surge in homicides in Seattle in 2020. According to year-end statistics, homicides rose by 61 percent from from 2019—from 31 to 50, the highest number in 26 years. Of those, 60 percent involved a gun, compared to 66 percent in the previous year. Half of all victims were Black, and most were men between the ages of 18 and 49. According to Diaz, last year saw an increase in domestic violence homicides in the city and a decrease in homicides in which the victims were unsheltered.

2. During Monday’s city council briefing, several council members added their voices to calls for Seattle Police Officers’ Guild president Mike Solan to resign after he took to Twitter last week to assert that members of the “far left” and Black Lives Matter activists were involved in the attack on the U.S. Capitol last Wednesday. Mayor Jenny Durkan, former Seattle police chief Carmen Best and frequent department ally Scott Lindsay publicly called for Solan to apologize or resign on Friday evening.

In her comments at the start of the council briefing, Councilmember Lisa Herbold pointed to Solan’s lengthy record of inflammatory public statements and suggested that SPOG members should consider recalling or censuring Solan. “This is not the person I believe should be leading the guild during challenging times,” Herbold said, “and I hope members of SPOG agree.”

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

Council President Lorena González and Councilmember Andrew Lewis made more direct calls for SPOG to remove Solan from its leadership, with Lewis arguing that Solan “has done nothing to advance the cause or the issues of that union or the quality of support of workers in that union.” And Councilmember Alex Pedersen connected Solan’s comments to the upcoming contract negotiations with SPOG, which will begin sometime in 2021. 

We will all agree that Officer Solan’s remarks and their implications are reprehensible and untrue, but also that there is a need to revamp an inflexible, expensive and unjust police union contract,” Pedersen said. “The current president of the police union has, in my view, disqualified himself to a fair partner to negotiate that contract.”

3. Also at today’s council meeting, council members Teresa Mosqueda and Kshama Sawant introduced a resolution calling for collaboration between US and Cuban scientists and urging Congress and the incoming Administration to end the United States’ economic blockade against its southern neighbor. Citing reports from Cuban authorities, the resolution reads, “Cuba’s free community-based healthcare system, unified government approach, and robust biopharmaceutical industry have enabled the country to effectively deal with the COVID-19 pandemic.” Continue reading “Unclear if Cops in D.C. During Riot Will Face Discipline; Council Weighs in on Cuba; Mosqueda Aide to Run for Mayor”

2020 In Review: Following Up on the Year In Police Accountability

By Paul Kiefer

Throughout 2020, PubliCola provided ongoing coverage of the year’s top stories, including the COVID-19 pandemic, efforts to shelter and house the region’s homeless population, budget battles between the mayor and city council, and efforts to defund the Seattle Police Department and invest in community-based public safety programs.

Today, we’re focusing on several stories about the Seattle Police Department, the King County Sheriff’s Office, and police accountability.

Police Shootings

The Office of Police Accountability (OPA) won’t complete its investigations into the killings of Shaun Fuhr and Terry Caver by Seattle police officers in April and May, respectively, until early 2021. City law and the current city contract with the Seattle Police Officers Guild (SPOG) give the OPA 180 days to investigate misconduct allegations. However, because of delays related to the COVID pandemic and police actions during recent protests, OPA Director Andrew Myerberg has received two extensions. Myerberg added that the OPA won’t complete its investigations into the two shootings until SPD’s Force Review Board completes its own reviews of the incidents.

SPD officers shot and killed 24-year-old Fuhr on April 29 after his girlfriend called 911 to report that he had beaten her and taken their child at gunpoint. Fuhr was holding their one-year-old daughter when officers fatally shot him in a Columbia City driveway after a short chase on foot; SPD reported finding a handgun nearby, but the department hasn’t said whether Fuhr was holding a gun when officers fired at him. His daughter wasn’t hurt in the shooting, but Seattle-King County NAACP President Carolyn Riley-Payne issued a statement after the killing criticizing then-SPD Chief Carmen Best for claiming that the officers were concerned for the child’s well-being. The King County Sheriff’s Office is also investigating the shooting.

Less than a month later, officers shot and killed 57-year-old Terry Caver on a mostly empty sidewalk in Lower Queen Anne. As PubliCola reported in August, Caver had moved to the Seattle area after a 2010 drive-by shooting in California triggered the onset of paranoid schizophrenia. He initially lived with his older sister in Everett, who told PubliCola that her brother regularly carried a knife to defend himself during bouts of paranoia. She believes that Caver was experiencing a schizophrenic episode when Seattle police officers responded to 911 calls about a man waving a knife at passersby along Elliott Avenue West.

At least five officers surrounded Caver with their cruisers and shouted at him to drop to the ground, prompting Caver to break into a run, shouting, “you’re going to have to kill me.” Less than a minute after the officers arrived, two of them—Christopher Gregorio and Matthew Milburn—opened fire.

Though the OPA reviewed the shooting in May, the office didn’t begin a formal investigation into Caver’s death until August, after PubliCola published Caver’s name, which SPD didn’t release after the shooting. According to Myerberg, the investigation will focus primarily on whether officers followed SPD’s de-escalation policies.

Both Fuhr and Caver were Black, as were roughly a third of the people killed by SPD in the past decade.

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter. Earlier this month, we took a look back at just some of the work we’ve been able to do thanks to generous contributions from our readers, but those pieces represent just a handful of the hundreds of stories we’ve published this year.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely and exclusively by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

The Seattle Police Contract

Though the city’s collective bargaining agreement with the Seattle Police Officers Guild expires on December 31, the city won’t begin negotiating a new contract until 2021 at the earliest, leaving the union to work under an expired contract until the city council ratifies a new agreement. At the moment, the Labor Relations Policy Committee—which includes five council members, the mayor’s policy director, the Budget Office director and the director of Human Resources—is still hammering out the city’s bargaining agenda, including the subjects of bargaining, the length of the new contract and the amount of money the city is willing to spend to meet the terms of the new contract.

In early November, Mayor Jenny Durkan and city council public safety committee chair Lisa Herbold announced that the all three of the city’s police oversight agencies—the Office of Police Accountability, the Office of the Inspector General (OIG), and the Community Policing Commission (CPC)—would advise the LRPC ahead of negotiations with SPOG.

While the OPA has taken an advisory role in the past, the CPC (which represents the interests of the public, not a branch of city government) has never previously had an official role in police contract negotiations. Nor has the city council, which will now have a representative—likely council central staffer Greg Doss—at the table. Continue reading “2020 In Review: Following Up on the Year In Police Accountability”

Durkan’s Pedestrian Bridge Idea Raises Feasibility Questions, SPOG President Debuts New Podcast, and Homeless Vaccinations Threatened

1. When Mayor Jenny Durkan announced last month that the city would repair, rather than replace, the damaged West Seattle Bridge, she made an offhand comment that could have major implications for Sound Transit’s light rail project if it turns into policy: The new light rail bridge connecting downtown to West Seattle, she said, should include crossings for pedestrians and cyclists as well as light rail itself. “It makes no sense to build a bridge that does only one thing,” Durkan said.

Sound Transit is facing a revenue shortfall of $8 billion to $12 billion over the life of the Sound Transit 3 program due to the COVID-fueled economic downturn. Rachelle Cunningham, a spokeswoman for the agency, said Durkan’s office and Seattle Department of Transportation Staff “informed us of the mayor’s idea prior to her announcement but there were not any substantive discussions” about how the bridge would need to be revamped to accommodate other, non-light rail modes and how much additional time and cost such changes would add to the project.

Sound Transit is scheduled to publish the Draft Environmental Impact Statement (EIS) for the project in mid-2021; that document will only include the light-rail-only options that the agency has considered so far, “consistent with the ST3 plan,” Cunningham said. During their conversations with the mayor’s office, “Sound Transit staff noted that the voter-approved ST3 plan only authorizes construction of a light rail bridge. Changing that plan to a multi-modal crossing would require additional funding from alternative sources as well as additional planning time” to accommodate things like supplementary design work and additional environmental review.

The steep grades required for an elevated rail line across the Duwamish River crossing could be an issue for people walking, biking, or rolling as well. Any changes to the current plan would likely require review and action by the Sound Transit board, Cunningham said.

2. In a promotional email sent on Tuesday, Police Officers’ Guild President Mike Solan wrote that his new podcast could become “an effective tool to push back against the progressive march to socialism.” The first episode of Hold the Line with Mike Solan (rhymes if you say it with a Southern accent!) appeared on YouTube the same day; the featured guest was Victoria Beach, the chair of the Seattle Police Department’s African American Community Advisory Council.

Solan opened his debut appearance with a call for unity, then pivoted to denounce a legislative proposal by city council member Lisa Herbold as a “preposterous” attempt to “legalize most crime.” (The legislation he was referring to would not “legalize most crime”; it would create new defenses against prosecution for crimes that result from poverty or an unmanaged mental health or addiction disorder). But, Solan added, he’s open to bringing Herbold on the podcast to “talk it out.”

After a jarring transition involving a clip from the 1996 sci-fi film Independence Day, Solan introduced Beach, a close ally of retired Seattle Police Chief Carmen Best who made periodic appearances at protests on Capitol Hill this summer.

Beach, a lifelong Seattleite, told Solan she “grew up hating police.” Her nephew was beaten bloody more than a decade ago; in 2000, two SPD officers pointed guns at her 5-year-old daughter while responding to an erroneous call from a white college student about a stolen car. Solan interrupted her as she told this story to explain why officers might point guns at children during “high risk felony stop[s],” but Beach forged ahead. “I’ve never had a positive experience,” she said. “Nothing positive?” he asked, sounding hurt.

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter. Earlier this month, we took a look back at just some of the work we’ve been able to do thanks to generous contributions from our readers, but those pieces represent just a handful of the hundreds of stories we’ve published this year.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely and exclusively by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

During an hour-long conversation, Solan occasionally ventured toward self-reflection, at one point noting that his hunger as a rookie patrol officer for “action” and car chases in  the Rainier Valley was immature. But he also repeatedly minimized the significance of race in policing: he expressed discomfort with the “social justice term ‘white privilege'” because of his hard-working two-parent upbringing; he dismissed racial profiling by police as the consequence of inexperienced cops with “bad intuition”; and he lamented the public’s tendency to focus on “about 30 cases a year” in which police kill unarmed Black people when “most people killed by police are white.” When Solan commented that “there are racist cops, but there are racist plumbers and racist teachers,” Beach intervened. “But plumbers and teachers don’t carry weapons,” she said.

3. King County Public Health Officer Dr. Jeff Duchin—whose press conferences often feature stark reminders about COVID morbidity and phrases like “unprecedented death and devastation”—said Friday that even if the health department gets access to a vaccine, it may have to lay off the workers who would administer it to low-income and homeless people around the county. Continue reading “Durkan’s Pedestrian Bridge Idea Raises Feasibility Questions, SPOG President Debuts New Podcast, and Homeless Vaccinations Threatened”

Scathing OPA Investigation Finds Officer Crashed into Parked Car, Lied About It

Image by diegoparra on Pixabay.

By Paul Kiefer

This post was updated on December 4th, 2020.

In January, a woman in South Seattle called 911 to report that someone had crashed into her parked car and fled the scene. She hadn’t seen the crash, but she had seen a Seattle police officer park in front of her car, look at it, and leave. Over the phone with a 911 operator, she asked for that officer to return to the scene.

On Wednesday morning, Seattle’s Office of Police Accountability (OPA) released scathing findings from an investigation stemming from that hit-and-run. According to the OPA’s report, the police officer who stopped to survey the damage, then responded to the call, was also the driver who had crashed into the parked car in the first place. OPA investigators found that the officer tried to dissuade the woman from filing a report; denied responsibility; and lied to the car’s owner, his sergeant, and the OPA.

Despite the efforts of the officer’s sergeant to reduce the officer’s punishment, Interim Seattle Police Chief Adrian Diaz fired him.

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter. Earlier this month, we took a look back at just some of the work we’ve been able to do thanks to generous contributions from our readers, but those pieces represent just a handful of the hundreds of stories we’ve published this year.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely and exclusively by reader contributions—no ads, no paywalls, no secondary businesses behind the scenes.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

The crash and its aftermath were a cascade of unforced errors. The officer’s in-car video showed him crash into the back of a parked Toyota Prius, reverse, then park in front of the Prius before leaving the scene two minutes later. The Prius’ owner had seen him get out of his patrol car, but he drove away while she was getting dressed to step outside and to ask what had happened. When she finally spotted the damage, she immediately put the pieces together.

But when the officer volunteered to respond to the scene, he feigned ignorance, even after he acknowledged that he had stopped by the car only minutes before. He told the Prius’ owner that unless she could provide the license plate number of the car that hit hers, she would have to pay for the damage out of pocket. When the woman and her companion confronted him, the officer tried to claim that he had stopped to inspect their car while looking for a black Mercedes with no license plate. When asked why that would involve examining a white Prius, body-worn video captured his attempt to deflect: “Any car I pass, I look at. That’s just what I do,” he said. Continue reading “Scathing OPA Investigation Finds Officer Crashed into Parked Car, Lied About It”

City’s Recession-Era Budget Includes Modest Cuts to Police, Promises of Future Investments in Community Safety

This story originally appeared at the South Seattle Emerald.

by Erica C. Barnett

The Seattle City Council adopted a 2021 budget today that reduces the Seattle Police Department’s budget while funding investments in alternatives to policing; repurposes most of Mayor Jenny Durkan’s proposed $100 million “equitable investment fund” to council priorities; and replaces the encampment-removing Navigation Team with a new program intended to help outreach workers move unsheltered people into shelter and permanent housing. 

And although council member Kshama Sawant, who votes against the budget every year, decried the document as a “brutal austerity budget,” it contained fewer cuts than council members and the mayor feared they would have to make when the economy took a nosedive earlier this year. 

The council received two major boosts from the executive branch this budget cycle. First, the council’s budget benefited from a better-than-expected revenue forecast from the City Budget Office that gave them an additional $32.5 million to work with. And second, Durkan expressed support for the council’s budget, portraying it as a compromise that preserved all of the $100 million she had proposed spending “on BIPOC communities,” albeit not in the form she initially imagined. This show of goodwill (or political savvy) from the mayor signaled a sharp turnaround from this past summer, when she vetoed a midyear spending package that also included cuts to police.

Here’s a look at some of the biggest changes the council made to the mayor’s original proposal. 

Seattle Police Department

The council’s budget for police will be a disappointment to anyone who expected the council to cut SPD’s funding by 50%, as several council members pledged last summer at the height of the protests against police brutality sparked by George Floyd’s murder in May. Council members acknowledged that the cuts were smaller and slower than what protesters have demanded but said that the City is just at the beginning of the process of disinvesting in police and investing in community-based public safety. 

“Our goal is not about what the golden number of police officers is in this moment,” council public safety committee chair Lisa Herbold (West Seattle) said. “It’s about shifting our vision of what public safety is into the hands of community-based responses in those instances where those kinds of responses not only reduce harm but can deliver community safety in a way that police officers sometimes cannot.” 

Council member Tammy Morales (South Seattle), who acknowledged earlier this month that “we will not reach our shared goal of a 50% reduction in one budget cycle,” said that in her estimation, “increasing police staffing wrongly presumes that they can fill the roles” of the “nurses and support staffers and housing specialists” that the City plans to hire in the future.

Support PubliCola

This ad-free website is supported ENTIRELY by generous contributions from readers. At a time when real local news is more threatened than ever by declining revenues and the growing spread of misinformation, PublICola is a trusted source of breaking news, commentary, and deep dives on issues that matter.

If you enjoy the work we do here at PubliCola, please help us KEEP IT GOING by donating a few bucks a month or making a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by check at P.O. Box 14328, Seattle, WA 98104. We’re truly grateful for your support.

Although the 2021 budget does cut police spending by around 20%, the bulk of that reduction comes from shifting some police responsibilities, including parking enforcement and the 911 dispatch center, out of the department. The rest of the cuts are largely achieved through attrition — taking the money allocated to vacant positions and spending it on other purposes. 

For example, the council’s budget funds a total of 1,343 SPD positions next year, down from 1,400 in Durkan’s budget, for a total savings (including a last-minute amendment adopted Monday) of just over $8 million. That money will be removed from the police department and spent on future community-led public safety projects, which will be identified by a participatory budgeting process led by King County Equity Now.

At Monday’s council briefing meeting, some council members expressed hesitation about a last-minute amendment from Mosqueda cutting an additional $2 million from SPD’s budget, noting that the department now predicts it will be able to hire more than the 114 new officers it previously projected for next year. And at least one council member found it odd that the number of SPD employees the amendment predicts will leave next year — 114 — is exactly the same as the number of new hires predicted in the mayor’s budget, for a net gain of exactly zero officers.

“The fact that we are anticipating 114 attritions seems a little cute to me, to be honest, given that the number [of hires] in the [mayor’s] staffing plan … is 114,” Herbold said during the council’s morning briefing. “It just feels like it is an attempt to respond to the call for no new net officers and it confuses the situation, I think.” In the end, only Alex Pedersen, who represents Northeast Seattle, voted against the cuts.

Community Safety

The council’s budget puts $32 million toward future investments in community-led public safety efforts that would begin to replace some current functions of the police department, such as responding to mental health crises and domestic violence calls.  Continue reading “City’s Recession-Era Budget Includes Modest Cuts to Police, Promises of Future Investments in Community Safety”

Mysterious Lobbying Group Pushes Out Misleading Messages on Police Defunding

Change Washington’s website includes this image of former police chief Carmen Best and current fire chief Harold Scoggins surrounded by members of their respective forces. PubliCola has asked whether Scoggins, who has stayed out of the police defunding debate, gave Change Washington permission to use his image for lobbying purposes.

By Erica C. Barnett

This week, Change Washington—a lobbying group established by former Bellevue-area state senator Rodney Tom, along with several Republican donors and a former Zillow executive—sent out an email blast urging recipients to “help us spread the word” about the Seattle City Council’s “dangerous” plan “to weaken our police force without having a backup plan in place.” The call to action is featured on a new Change Washington website called “You Call, They Respond” that specifically targets the Seattle City Council.

Yesterday, the council voted 7-2 against a proposal by council member Kshama Sawant that would halt all police hiring and recruitment in the city. Opponents, including former civil rights attorney (and now council president) Lorena González, argued that a total hiring freeze would lead interim police chief Adrian Diaz to move more detectives in specialty units onto patrol, decimating the department’s ability to investigate domestic violence, elder abuse, and other crimes against vulnerable people. (Earlier this year, as PubliCola reported, Diaz moved 100 detectives onto active patrol duty, boosting the number of officers responding to 911 calls). The police department will shrink this year by about 20 percent, mostly due to officer attrition.

Nonetheless, the “You Call, They Respond” website claims repeatedly that the council is still considering cuts that would “decimate the department’s ability to respond timely and effectively when you need police.” In addition to soliciting donations for Change Washington, the 501(c)4 nonprofit’s call to action includes an email form pre-filled with one of about a half-dozen potential messages. Options include:

I am terrified. Even though the number of incidents and calls for service requiring a police response has more than doubled in the past decade, the total number of police officers will decline under Council’s planned budget. Please throw us a lifeline. Don’t make Seattle less safe. My neighborhood won’t survive.

I feel like you have lost sight of the fact the calls for service in Seattle already include your friends and neighbors who are experiencing either a very bad day or a horrific one. Shame on you. Please work to make Seattle safer. Abandon your plan to cut police by 50%.

Why are you flying blind on issues of policing? Look at the data.  94% of dispatched police responses in 2019 were either Priority 1 (lights and sirens, threat to life), Priority 2 (threat of escalation/harm if help does not arrive soon) or Priority 3 (requiring prompt assistance for a waiting victim). And you want to cut the police force by 50? You have lost touch with reality!

Several claims on the site are misleading or inaccurate. For example, the number of police responding to 911 calls has remained steady or increased over the past two years, even before the police chief moved 100 detectives onto patrol. Since the move, the number of 911 responders has been significantly higher than at any time in the previous year.

According to information compiled by city council central staff, SPD had 536 911 responders in January of 2019. That number was 544 in April, 538 in August, 537 in December, and 563 in April and August. In September, after the transfer, that number increased to 668. During that same period, between January 2019 and September 2020, the number of officers on patrol has increased from 674 to 694 (not “roughly 600,” as one of the calls to action claims).

The fact that most calls are Priority 1, 2, or 3 is not particularly revealing. Although the priority list goes all the way up to 9, the top three priorities account for 97 percent of the time officers spend responding to calls, according to SPD data. Priority 4, which accounts for 1 percent of officer response time, includes things like noise complaints and found property; Priority 5 calls, which make up the remaining 2 percent, include issues such as stolen license plates and injured animals.

It’s unclear who, if anyone, is on Change Washington’s payroll, how much money they’ve raised, or what kind of lobbying-related expenses they’ve accrued. Currently, the city does not require “grassroots lobbyists”—groups that spend money to influence legislation or policy by influencing and mobilizing members of the public—to register as lobbyists or report their funding sources and expenditures.

However, legislation the council will take up later this year could provide more transparency into who’s funding and working for the group. The legislation, which the council will take up December 8, would require grassroots lobbyists to reveal who is funding them, who they are attempting to influence, and what legislation they are seeking to pass, kill, or change. The bill would require detailed monthly reporting, similar to what is already required of people who lobby the city council or mayor directly. It would also expand the definition of “lobbying” to include direct attempts to influence non-elected city staffers.

Change Washington did not immediately respond to an email sent early Friday afternoon requesting information about their funding sources and the information included on the “You Call, They Respond” website. According to Change Washington’s website, “we think there’s room in the political center to find common ground for common sense, data driven governance that moves Seattle and the state forward.” That mission statement fits with the center-right goals of the mostly Republican “Majority Coalition Caucus” Tom formed in the state senate the early 2010s, but it’s pretty far out of step with the current Seattle City Council, which includes just one member, Alex Pedersen, who has consistently raised alarms about cutting SPD’s budget.

Morning Fizz: City Will Repair West Seattle Bridge, Won’t Earmark License Fee for Bridge Maintenance

Image via City of Seattle

1. This morning, Mayor Jenny Durkan announced that the city will repair, rather than replace, the West Seattle Bridge.

According to the Seattle Department of Transportation, repairing the bridge will cost around $47 million, plus an additional $50 million for “traffic mitigation” and ongoing maintenance of several hundred thousand dollars a year. Rebuilding the bridge would have cost between $310 million and $522 million, according to the city’s estimate.

The decision to repair the bridge doesn’t mean the city won’t have to replace it eventually. Instead, the repairs could extend the useful life of the bridge by up to 40 years—essentially, the length of time the bridge was expected to last until city crews discovered significant cracks in the structure and took the bridge out of commission earlier this year.

There is a possibility that the bridge could fail sooner than that—about 5 percent, according to a cost-benefit analysis by the engineering firm WSP that the city released last month. (For a detailed look at that analysis, which also includes higher long-term estimates that “monetize” certain risk factors and include inflation-adjusted maintenance costs over the remaining life of the bridge, I recommend Mike Lindblom’s October 20 piece in the Seattle Times.) SDOT director Sam Zimbabwe said Tuesday that SDOT’s own experts “anticipate that we can get 15 years out of the bridge,” but added, “We can’t give a date certain on the point when the repairs will stop working.”

Durkan said Wednesday that she had been leaning toward replacing the bridge, but that a realistic timeline for what SDOT calls the “rapid replacement” option—”perhaps five years,” once time for environmental review and permitting is factored in—was just too long. “It became clear that the amount of money and the time it would take were not feasible options,” Durkan said. The city believes they can repair the bridge by mid-2022. Maintaining a repaired bridge will cost significantly more than maintaining a brand-new one, because engineers will have to inspect the bridge frequently to make sure that it isn’t showing signs of failure.

“It makes no sense to build a bridge that does only one thing… so I’m hoping to have a conversation with our colleagues at Sound Transit to see if the city can work with them to build a joint crossing for the bridge that they are going to build.”—Mayor Jenny Durkan

Meanwhile, Sound Transit still plans to build its own light rail bridge connecting West Seattle to downtown parallel to the existing bridge. Durkan, who sits on the Sound Transit board, suggested that the new bridge should include bike lanes and sidewalks for pedestrians. “It makes no sense to build a bridge that does only one thing,” Durkan said. “I think we need more transit capacity, more pedestrian capacity, and more bike capacity, so I’m hoping to have a conversation with our colleagues at Sound Transit to see if the city can work with them to build a joint crossing for the bridge that they are going to build.”

Image via WSP

2. While Durkan and SDOT staffers were discussing the West Seattle bridge with press yesterday, West Seattle’s representative on the city council, Lisa Herbold, was making the case for a proposal she co-sponsored, along with Alex Pedersen and Andrew Lewis, to use the proceeds from a $20 increase in the city’s vehicle license fee to pay for bridge maintenance, including on the West Seattle Bridge.

The vehicle license fee moved forward to a final vote on Wednesday, but it won’t be dedicated to bridges; instead, under a substitute offered by council president Lorena González, the city will adopt a spending plan for the proceeds from the fee— around $3.6 million next year, and $7.2 million a year after that—after a process to identify stakeholder priorities.

“I support a $20 increase to the vehicle license fee because I believe it is necessary to support ongoing operations of our city’s transit services and the maintenance of our transportation infrastructure and networks,” González said. “I do feel, however, that more work and stakeholder engagement must be done before we can decide how to appropriate this additional revenue.”

Herbold countered that the bridge maintenance proposal was an attempt to address problems identified last year by the city auditor, who found that “the City is not spending enough to keep its bridges in good condition and avoid costly future repairs,” particularly given the high number of bridges that are near the end of their useful lifespan. The city spends about $6.6 million each year on bridge maintenance, the audit found—”far below SDOT’s most conservative estimate of what is needed—$34 million.”

Under the plan adopted Tuesday and headed to final approval next week, the city will hold a three-month process to get input from stakeholders on how to spend the $20 fee, and adopt a plan by the middle of next year.

3. Next year’s King County budget will be almost 7 percent smaller than in 2020, thanks to cuts that fell heavily on the Department of Adult and Juvenile Detention (DAJD) and the King County Sheriff’s Office. The council opted for slightly smaller cuts to both departments’ budgets than County Executive Dow Constantine proposed in September: instead of an $8 million cut to the sheriff’s office, the council only cut around $6 million, amounting to less than 2 percent of the department’s 2019-2020 budget; the cut to the DAJD’s budget likewise totaled less than two percent of its budget.

The council also added some funding for the sheriff’s office, including $175,000 for emphasis patrols outside the county courthouse on 3rd Avenue, where the Seattle Police Department has also targeted special patrols in the past.

The largest portion of the cut to the sheriff’s budget is $4.6 million in marijuana tax revenue that the council voted to redirect toward anti-marijuana programming for youth and programs that help clear marijuana convictions from clients’ records. When Constantine proposed shifting marijuana tax revenue away from the sheriff’s office in September, Sheriff Mitzi Johanknecht publicly claimed that the move would cost the county as many as 30 officers, largely affecting residents of unincorporated King County. KCSO did not respond to PubliCola’s request for comment.

However, the council also added some funding for the sheriff’s office, including $175,000 for emphasis patrols outside the county courthouse on 3rd Avenue, where the Seattle Police Department has also targeted special patrols in the past. Several of the council members who voted to provide funding for the patrols expressed hesitation about their votes; when casting her vote in support, Council Chair Claudia Balducci commented that the county will eventually need to “back off and let Seattle patrol Seattle’s streets.”

The council’s budget package also included an array of provisos (spending restrictions) put forward by council members Girmay Zahilay and Dembowski intended to lay out a roadmap for downsizing the county’s law enforcement and detention operations. The provisos included directives for Constantine to assemble reports on the county’s juvenile detention center, fare enforcement officers, and school resource officers, and to provide the council with a plan to meet the goal of zero youth detention set by Constantine himself in July.

Compromise City Budget Avoids Major Cuts, Including to Police Department

By Erica C. Barnett

The cessation of open warfare between Mayor Jenny Durkan and the city council over the 2021 budget doesn’t make for the most dramatic headlines (see above), but the detente between the two feuding branches could mean a budget compromise that won’t end in another spate of open warfare.

The council’s budget proposal makes dramatic cuts to Durkan’s proposal to designate $100 million in funding “for BIPOC communities,” fulfills the city’s 2019 promise to invest proceeds from the the sale of publicly owned land in South Lake Union into housing and anti-displacement programs, and cuts the size of the police department by about 20 percent, with a commitment to spend the savings from those reductions on community safety projects through a participatory budgeting process, which the budget also funds.

On Monday, Durkan issued a statement praising the council’s budget for “continuing that historic $100 million for communities through slightly different community-led processes.” This was a departure from Durkan’s previous position on the council’s spending priorities. Last month, a mayoral spokeswoman responded to questions about the racial equity implications of Durkan’s $100 million plan by suggesting that the council’s own spending proposals, including plans for COVID relief, participatory budgeting, and police department cuts, had not gone through a proper vetting to see if they truly benefited Black, Indigenous, and People of Color communities.

Support PubliCola

PUBLICOLA NEEDS YOUR HELP.

This ad-free website is supported ENTIRELY by generous contributions from readers. At a time when real local news is more threatened than ever by declining revenues and the growing spread of misinformation, PublICola is a trusted source of breaking news, commentary, and deep dives on issues that matter.

If you enjoy the work we do here at PubliCola, please help us KEEP IT GOING by donating a few bucks a month or making a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by check at P.O. Box 14328, Seattle, WA 98104. We’re truly grateful for your support.

During a press conference on Tuesday, I asked about this seeming contradiction. Durkan responded that while she hasn’t read all of the council’s budget amendments, “my read on it is that they are also committing $100 million to community investments, and I am really heartened that they have followed my lead to do so.” Durkan said she was “disappointed” that the council wasn’t spending even more on BIPOC added, given a new revenue forecast that adds more than $32 million to the 2021 budget.

“I’m very hopeful that when we come out of this, and when there’s a final budget, that we actually have a path forward that makes real on the commitment that we will invest generational investments in the city of Seattle” over the next 10 years, she said.

The council’s proposal is still a recessionary budget. Instead of massive spending increases, it reprioritizes limited dollars, in ways that advocates for sweeping, immediate change may find frustrating. But it also puts significant leverage in the hands of the community groups leading the process of participatory budgeting, and promises significant funding for that process.

“They are also committing $100 million to community investments, and I am really heartened that they have followed my lead to do so.” — Mayor Jenny Durkan, referring to the city council

In reporting on the council’s previous budget discussions, I’ve talked about many individual, one-off budget changes council members are proposing—from an analysis of “transportation impact fees” levied on new housing to funding for energy efficiency audits to the restoration of the city’s nightlife advisor position. This post will look at a few high-takes, big-ticket spending areas, including investment in community-led alternatives to police,

Major cuts to the mayor’s Equitable Communities Initiative

As I mentioned, the council’s budget chops $70 million from the mayor’s $100 million fund to pay for future investments in BIPOC communities. That money would be redistributed as follows:

• Durkan’s budget “abandoned”—and yes, that’s the technical term—$30 million that she promised last year for affordable housing and efforts to prevent displacement in gentrifying areas. The money came from the sale of the Mercer Megablock project, and was key to getting anti-displacement groups like Puget Sound Sage not to protest the sale. The council’s budget restores this money to its original purpose.

• The Human Services Department would get $10 million to distribute to community organizations “to increase public safety through technical support, capacity building, and expansion of capacity.” The council allocated this money in 2020, but the city didn’t spend it, and Durkan zeroed it out in her proposed budget.

• Another $18 million would go toward the participatory budgeting project that the council began funding in 2020, which I’ll discuss separately in a minute.

• The remaining $12 million or so would replenish the city’s emergency reserve fund, which Durkan’s budget almost zeroed out (see graph above); restore funding for a restorative pilot program in schools; and restore funding for community-based alternatives to policing, among other smaller-ticket items.

As for the $30 million that remains out of the mayor’s initial $100 million: That money would still get allocated, through a process that would still include the mayor-appointed Equitable Communities task force, but only after the city council approves the spending plan.

Participatory budgeting

A total of $30 million, including the aforementioned $18 million, would fund community safety projects chosen through a participatory budgeting process; these projects would replace some functions (such as responding to crisis calls) that are currently performed by SPD. Continue reading “Compromise City Budget Avoids Major Cuts, Including to Police Department”