Category: Cops

SPD Debuts New “Community Response Group” To Assist Patrol, Lead Demonstration Response

By Paul Kiefer

On Wednesday afternoon, Interim Police Chief Adrian Diaz and two high-ranking officers announced the formation of a new, 100-officer rapid-response unit: the Community Response Group, or CRG. According to Chief Diaz, the CRG is part of a broader effort to address what he calls SPD’s “core mission”— responding to emergency calls. Diaz linked the new unit directly to his earlier decision to move 100 officers from specialized units to patrol, though he said only a few of those 100 officers volunteered to join the CRG.

Diaz said that the CRG is intended to be “a team to address the needs that weren’t tied to the artificial bounds of a precinct,” providing support, for example, to precinct-based patrol officers by responding to the most urgent emergency calls.

The unit will also lead SPD’s protest response; according to Lieutenant John Brooks, one of the two lieutenants who will direct the CRG in the field, the unit has already assumed the role of primary protest responders in the past week. Brooks has frequently been tapped to serve as the incident commander for demonstrations over the past summer, guiding SPD’s strategy during the August 16th protest at the SPOG headquarters in SODO, among others. 

Both Diaz and CRG leader Captain Mike Edwards said the CRG will free up neighborhood patrol officers to do “community engagement” in neighborhoods, and that the team will continue to do “community roll calls” in neighborhoods, allowing them to talk to neighborhood residents and businesses about their concerns. How responsive the CRG will be to community input is unclear: Edwards said “community advisory groups” will be able to relay their concerns and needs to the CRG through local precinct commanders, but he didn’t mention any direct interface between the public and the team’s leadership.

According to Diaz, the CRG will exist at least into 2021. Because the unit is new, advocates for police accountability and abolition had not weighed in on the announcement as of Thursday.

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If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. We’re truly grateful for your support.

As Public Demands for Police Cuts Continue, Parking Enforcement Officers Could Take On Greater Role

Seattle Parking Enforcement Officer (Photo via Seattle Police Department)

By Paul Kiefer

During a public safety budget hearing last Thursday, Seattle City Council public safety committee chair Lisa Herbold suggested a wider role for an agency that’s received relatively little attention during the recent debates about reducing the size and role of the Seattle Police Department: SPD’s Parking Enforcement Unit.

The idea of expanding the role of parking officers to include duties currently performed by armed police comes as the city council deliberates on Mayor Jenny Durkan’s proposed 2021 budget, which includes only minor cuts to SPD’s budget. At a public hearing Tuesday night, dozens of residents asked the council to amend Durkan’s proposal to defund SPD by at least 50 percent, in line with what protesters and advocates have been demanding for months.  

After raising the issue of overtime spending for SPD staffing at special events, Herbold said she was “grateful to [parking enforcement officers] for signaling their willingness to take on that work.” She pointed to a letter written by the Seattle Parking Enforcement Officers’ Guild to council members expressing interest in expanding their duties to include not only a greater role at special events, but also an array of other roles currently filled by more highly paid sworn SPD officers. As Herbold noted, SPEOG also said that they would prefer to move into the proposed new Department of Public Safety, rather than the Seattle Department of Transportation (SDOT), as Durkan has proposed.

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If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. We’re truly grateful for your support.

The concept of the Department of Public Safety originates in a resolution the council passed in August recommending the creation of a “civilian-led Department of Community Safety & Violence Prevention to remove certain functions from the Seattle Police Department.” However, the absence of any concrete foundations for the department has become a sticking point in the ongoing budget discussions. The budget Durkan transmitted last week limited budget cuts to SPD on the grounds that the city has not yet developed alternatives to police, while the council contended that developing those alternatives will require shifting money from SPD’s budget.

In the letter to council, the parking officers offered to take over array of “services that were formerly provided by sworn SPD officers” ranging from managing red light violations to responding to car prowls, minor accidents, illegally parked RVs and abandoned vehicles. Currently, those types of incidents make up roughly 20 percent of the calls for service to which SPD responds; traffic incidents alone account for nearly 15 percent of all calls. While parking enforcement officers can’t replace SPD at to every traffic- or car-related incident, the guild argues that they can take on a sizable portion of SPD’s workload, which would in turn significantly reduce interactions between civilians and armed police officers.

Union president Nanette Toyoshima, who wrote the letter to council, said Durkan’s proposal to move parking enforcement into SDOT caught her unit off-guard. “We only learned of this potential move through Twitter and a press conference,” Toyoshima said, referring to Mayor Durkan’s July 13 announcement that she intends to move a variety of civilian units out of SPD, including parking enforcement and the 911 call center. “It was a bit of a rude awakening after over 50 years with SPD.”

She said the guild had no complaints about being housed in SPD, but that they were also responsive to the public push to civilianize some roles held by police. “No matter where we’re moved—to a new [public safety] department, to SDOT, or if we stay in SPD —we’re interested in being part of the solution,” she said. Continue reading “As Public Demands for Police Cuts Continue, Parking Enforcement Officers Could Take On Greater Role”

Durkan Unveils 2021 Budget that Uses JumpStart Tax to Fill Shortfall, Fund $100 Million In Unspecified BIPOC Investments

Editor’s note: This is a developing story that will be updated.

In a pre-recorded message complete with swelling background music, multiple backdrops, and B roll from locations around Seattle, Mayor Jenny Durkan unveiled a 2021 budget proposal today that relies heavily, as PubliCola was first to report, on revenues from the JumpStart payroll tax passed by the city council earlier this year. The council expressed its intent to wall off the revenues from the tax for direct COVID-19 relief to Seattle residents in the first two years, and to spend the money in 2022 and beyond on affordable housing, non-housing projects outlined in the Equitable Development Initiative, Green New Deal investments, and small business support. Durkan vetoed the spending plan (the council overturned that veto) and allowed the tax to become law without her signature.

“We’ve balanced the 2021 budget, with a $100 million investment for BIPOC communities,” budget director Ben Noble said at a press briefing this morning, referring to the money the mayor has proposed parking in the city’s “general finance” budget until a Durkan-appointed “equitable development task force” comes up with recommendations for spending the money. (PubliCola was also first to report on the task force). “If we identify a sustainable source for that in 2022 and beyond,” such as a local one-percent income tax, “those resources could be redirected towards the council’s original intent. … Budget priorities for the city have changed, arguably, since that [JumpStart] plan was developed.”

Durkan first proposed spending $100 million on Black, Indigenous, and People of Color (BIPOC) communities last summer, as protesters called on the city to defund the police department. This morning, she argued that it was appropriate to use the payroll tax revenues for this purpose. “Everyone wants to make deep, deep commitments to the BIPOC [Black, Indigenous, and People of Color] communities and investing in those communities,” she said.

“‘Dedicated’ is not really the term used with resolutions,” Durkan continued, referring to the fact that the council’s JumpStart spending plan was not a budget ordinance. “We did everything we could this year to honor the allocations [for COVID relief], and next year we will have a discussion with council to really honor the city’s commitments going forward.”

Durkan’s budget includes a $21.5 million line item for COVID relief in 2021, and $86 million in combined “continuity of service and COVID relief” this year. It’s unclear how that combined $86 million differs from the $86 million that payroll tax sponsor Teresa Mosqueda proposed spending on COVID relief, specifically, this year. The budget presentation notes that the city will also fund COVID-related activities in various departments.

The mayor did not answer specific questions about the future of the city’s Navigation Team, a group of police and social workers that, prior to the pandemic, removed encampments and offered shelter referrals to some of their displaced residents.

From the budget itself, it appears that the work of the existing team will be dispersed among various departments, and that some of the funding for Navigation Team positions (though not necessarily the people themselves) will be moved into a new Safe and Thriving Communities division of the Human Services Department. That division will include staff from the existing Youth and Family Empowerment Division, domestic violence advocates that already work in HSD, and domestic violence victim advocates that would be transferred out of SPD. Some DV advocates have opposed this transfer from SPD, which is a subject I’ll write about in greater detail in a future post.

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PubliCola is supported entirely by generous contributions from readers like you. If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going—and expanding!

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. I’m truly grateful for your support.

All HSD contractors will see their contracts extended at the same levels as 2020, with a small inflationary increase, and will not be subject to the previously required performance reviews that determined whether they would receive fully funding. The decision to extend these contracts is related to the fact that the King County Regional Homelessness Authority, which is supposed to take over most of these contracts, has been unable to hire a director on its original time frame, which has pushed the schedule to get the authority up and running further into 2021.

The mayor didn’t dwell much this morning on her Seattle Police Department budget, which she said she will have more to say about in the spring. So far, it includes the reductions she has already announced, which mostly result from transferring items that can be civilianized, such as the 911 call center, into other departments. Durkan vetoed the council’s revised budget in August over the council’s plans to cut the police department by 100 positions, not all of those resulting from layoffs. (That veto was also overturned.)

The $100 million for BIPOC communities is a “blank” item in the budget. The mayor wants that spending to be determined through the work of the task force whose members she will announce this week. At the same time, the city council allocated $3 million to a separate “community research” effort headed up by King County Equity Now; at a press conference yesterday, the group announced that they had already hired dozens of staff and planned to employ more than 130 researchers. (Paul will have more on that story later today.)

Durkan’s plan would keep some parks facilities, including many pools, closed throughout 2021, and would cut back spending on many transportation projects, including bike, pedestrian, and transit infrastructure improvements.

Overall, Durkan’s budget includes about 40 outright layoffs, a number the budget office was able to keep down by drawing down on revenues such as the payroll tax and levy funding, and by reducing the city’s emergency reserves to $5 million next year. The revenue forecast for 2021 is actually less dire than the shortfall that resulted in major budget reductions in the budget the council adopted in August, which just withstood a mayoral veto—the budget office expects the city to take in about $1.7 billion in revenues, including the payroll tax, next year, compared to just $1.4 billion this year. In addition to the general 2020 economic collapse, this year’s shortfall resulted in lower revenues from funding sources that were impacted by COVID, including parks fees, parking taxes, and taxes on real estate transactions. “We do see that there’s hope on the horizon,” Durkan said.

 

 

In Surprise Vote, Seattle City Council Overrides Mayor’s 2020 Budget Veto

This story first appeared in the South Seattle Emerald.

The Seattle City Council voted 7-2 to override Mayor Jenny Durkan’s veto of the 2020 midyear “rebalancing” budget package they adopted in August, setting the stage for a showdown with the mayor in the upcoming 2021 budget discussions, which kick off formally next Tuesday.

The vote essentially reinstates the midyear budget the council passed back in August, after several feverish weeks of work to come up with a proposal that could win a veto-proof council majority. That budget included fairly modest cuts to the Seattle Police Department (a reduction of 100 positions, many achieved through attrition) and investments in community organizations that work to reduce violence and improve community safety, as well as a $3 million down payment on participatory budgeting.

Council members Alex Pedersen (D-4, Northeast Seattle) and Debora Juarez (D-5, North Seattle) voted to sustain the mayor’s veto. Pedersen said he supported most elements of a “compromise” bill that council president Lorena González introduced in case the veto override vote failed, and said he believed that “we get more done in a faster and more sustainable way when we work together.” Juarez, who frequently votes with Pedersen, was the only council member who didn’t offer any public explanation of her vote.

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If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going.

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Council members who voted to overturn the mayor’s veto said that community members had made clear that they want the city to reduce police spending and reinvest in community-based programs more quickly than Durkan is willing to move. “There is broad agreement in the community that there is an urgent need to divest [from] the systems that have acted” against the interests of Black, Indigenous, and people of color (BIPOC) communities, council member Teresa Mosqueda said.

After the vote, King County Equity Now and Decriminalize Seattle, two groups that have been at the virtual council table during their budget discussions, issued a statement applauding the council for its vote and urging them not to backslide during budget negotiations this fall. “It should not take such prolonged, sustained community efforts for this minimal change but we recognize that Council’s move to override the Mayor’s anti-Black veto marks an urgent break from the decades of votes to expand racist policing,” the statement said. “Going forward, we expect Councilmembers to continue to resist the Mayor’s attempts to rewrite legislation that has already passed.  

The mayor immediately denounced the vote. In a statement, a spokeswoman for the mayor’s office said Durkan thought she and the council had reached a compromise—the backup “compromise,” which PubliCola described in detail this morning—but that “they chose a different path.”

Votes do have consequences,” the statement continued. “Because of Council’s actions today, the Navigation [T]eam will be eliminated, severely restricting the City’s ability to move people out of homelessness and deal with encampments for the rest of this year. The City will move forward with layoffs for the City staff who are coordinating and helping individuals experiencing homelessness at encampments across the City.” 

The mayor’s statement appears to refer only to the civilian members of the Navigation Team—the field coordinators who manage encampment removals and cleanups, and the three “system navigators” who do direct outreach to people living in encampments. The team also includes 14 police officers, whose positions are subject to bargaining through the Seattle Police Officers Guild.

Durkan has the ability to direct the Human Services Department to lay off these workers, but if she does so unilaterally, without funding alternative outreach strategies and equipping them to succeed, the result could be some level of chaos. The council’s budget didn’t just call for slashing the team—it also directed the mayor to spend the money saved through staffing cuts to expand existing contracts with outreach providers, such as the nonprofit outreach nonprofit REACH, and to transfer the Navigation Team’s outreach function to those providers.

The transition wouldn’t just be a matter of shifting personnel. Currently, the Navigation Team has exclusive access to hundreds of shelter beds, which team members can access through a proprietary program called NavApp. The Human Services Department would need to hand over access to this system to any new outreach provider if it wanted to prevent a disruption in services, and to comply with a council requirement that the team report regularly on referrals and other data.

Of course, the mayor’s statement could be bluster. (Her office did not immediately respond to an email asking if it was). Durkan’s 2021 budget announcement, coming next Tuesday, reportedly includes a proposal to transition the Navigation Team into a smaller group focused on outreach and engagement rather than encampment removals; the new-look Nav Team would also work with encampment residents to reduce their impact on surrounding communities instead of routinely declaring encampments “obstructions” and removing them without notice, according to people familiar with the document. 

Legislation that isn’t signed by the mayor takes 30 days to take effect. Durkan could wait until next week, roll out her proposal, and negotiate a new deal with the council that would keep the Navigation Team in a different form. Or she could stick with her initial statement, start sending out pink slips, and eliminate the changes to the Navigation Team from her budget. The council indicated today that they’re still open to amending the budget they adopted, which is now the official budget for the rest of 2020. The next move will be the mayor’s.

Morning Fizz: Veto Crunch Time, a $100 Million Mystery, and Other Budget News

Council President Lorena González, via
City council president Lorena González, via Youtube

1. Today at its special 3pm meeting, the Seattle City Council will vote on whether to overturn or uphold Mayor Jenny Durkan’s veto of their 2020 “rebalancing” budget package. The council’s version of the budget included modest cuts to the police budget, new spending on a process to reinvest city dollars in alternatives to policing, and the elimination of the Navigation Team, a crew of cops, sanitation workers, and three social workers that until recently removed hundreds of homeless encampments a year.

The mayor actually vetoed three separate bills. Two require a six-vote majority to overturn; the third, which actually appropriates funding for the remainder of 2020, requires seven votes—so seven is the number council members who want to overturn the mayor’s veto will need to shoot for. A vote to overturn all three vetoes would restore the council’s budget. A vote to sustain the veto(es) would lead to a vote on a separate, “compromise” piece of legislation, put forward by council president Lorena González, that would preserve the police department at existing levels, eliminate a loan between city departments that would pay for city and community human services programs, and keep the Navigation Team at current levels while requesting that the Seattle police chief reduce the total size of the team by eliminating two police positions that are already vacant.

On Monday, it looked unlikely that there would be seven votes to overturn the mayor’s veto, although several council members were conspicuously silent during the discussion. Interestingly, González herself tweeted on Monday night that she would vote to overturn the veto, in support of “the work to divest from a broken model of policing.”

A vote for the compromise bill would hand Durkan a significant victory on the eve of her 2021 budget speech next week, and on the threshold of her 2021 reelection campaign. Council members suggested Monday that they believe their hands are tied—if they overturn Durkan’s veto, the mayor can simply ignore any budget provisos that restrict police spending (forcing the council to overturn those provisos so that officers will continue to get their paychecks) and any negotiation with the Seattle Police Officers Guild would probably take three months anyway, pushing the discussions into 2021.

“I think we’re faced with the unfortunate reality that even though we can appropriate money, we can’t compel the mayor to spend the money, and that is sort of the condition we found ourselves in with a lot of these projects around how we’re going to restructure and defund” SPD, District 7 council member Andrew Lewis told PubliCola after the vote.

The consolation prize, to the extent that there is one, consists of $3 million that, according to the legislation, “is intended to be spent on providing non-congregate shelter,” like tiny house villages and the hotel rooms Durkan has resisted funding in response to the COVID-19 crisis. That funding is secured through what council members called a “verbal agreement” with the mayor’s office; Lewis said after the meeting that because the council discussed the agreement publicly, “it’s on record that that’s going to be the understanding of how this is going to work. We are about to [discuss] the 2021 budget and we can make sure this is in there, and we would be fully within our rights to be very indignant about that if there’s not a shared commitment to keeping that deal.”

There’s also $500,000 to be divided among a long list of human service needs, including behavioral health investments, “support[ing] the work of the Navigation Team,” diversion funding, and rapid rehousing funds. The entire half-million would flow through the Navigation Team, even though some of the programs—such as rapid rehousing, a kind of short-term rent subsidy that assumes a person will be able to pay full market rent within a few months—are not really geared toward people experiencing long-term unsheltered homelessness.

Under the compromise bill, the $3 million allocated for research into community-led alternatives to policing in the council’s budget is shrunk to $1 million, with the rest to follow, also apparently by verbal agreement, next year. And there’s $2.5 million for “organizations engaging in community safety,” such as (for example) Choose 180 and Community Passageways.

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If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going.

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. I’m truly grateful for your support.

2. If the compromise passes, Durkan will also get to keep the Navigation Team at its current level. The future of the team was a major sticking point in the budget negotiations (the other two being whether the council would overturn the veto—which Durkan was adamantly against even if the council immediately adopted a compromise—and cuts to police) and a vote for the compromise bill will only forestall the debate over the fate of the team.

Already, Durkan has reportedly indicated that she plans to keep the team going through 2021, although Lewis—who chairs the council’s special committee on homelessness—says the team’s role, like public safety in general, may be “reimagined.” What that might look like remains unclear, but it could involve renegotiating the terms under which the city can remove encampments, or—as Lewis puts it—”pivoting to more of a coordinating and clearinghouse kind of space to coordinate service providers.”

The council voted unanimously to remove police from the team last month through another budget proviso. The compromise bill also states the council’s “policy intent” to cut five positions from the Navigation Team total; Lewis indicated during the meeting that the additional cuts would come from removing non-SPD staffers from the team.

3. With the 2020 budget almost the rearview mirror, it’s time for Durkan’s 2021 budget proposal, which she will send to the council next Tuesday. The biggest-ticket promised item—”$100 million in community-driven programs for Black youths and adults,” as she put it when she first committed to the funding in June—will also be the hardest to pay for. Durkan has not said publicly where she plans to come up with $100 million in a budget that will have to address ongoing revenue shortfalls in 2021.

Will the money be new revenue—something like a flat income tax, with rebates to low- and middle-income people to get around a court ruling quashing the city’s high-earners’ income tax? Will the revenue come by reallocating funds from a tax that already exists? Or will the mayor use budgetary magic—similar to the math that turned an interdepartmental transfer of 911 call center staff into a huge “cut” to the police department—to conjure $100 million from existing dollars?

OPA Releases First Findings from SPD Protest Response Complaints

SPD officer seen placing his knee on a demonstrator’s neck on May 30 (Screenshot from video by Matt McKnight, Crosscut)

By Paul Kiefer

On Friday morning, the Office of Police Accountability (OPA) released the first set of five completed investigations into alleged misconduct by Seattle Police Department officers during the protests that followed the murder of George Floyd in May. These investigations amount to only a tiny fraction of the OPA’s remaining protest-related caseload. The office consolidated more than 30,000 complaints it has received about SPD’s response to demonstrations into more than 100 separate investigations.

The documents released Friday included two investigations stemming from high-profile incidents during the first days of the protests: One in which an officer was accused of kneeling on two demonstrators’ necks during an arrest downtown on the night of May 30; and a widely-publicized incident in which an officer pepper-sprayed an seven-year-old child earlier the same day.

OPA Director Andrew Myerberg only found evidence to sustain two of the four complaints that stemmed from the nighttime arrests. Based on video of the incident, Myerberg concluded that the officer had only kneeled on the neck of one of the demonstrators and instead kneeled on the other demonstrator’s head.

In an interview on Thursday, Myerberg said that “a knee on the head is not against [SPD] policy,” but added that “it’s not encouraged, and [officers] aren’t trained to do it.” Kneeling on a demonstrator’s neck, however, is now against department policy; at the time of the arrest, those restraints were only “strongly discouraged.”

If the OPA had been able to conclude that the officer had intentionally used a neck restraint to restrict the protester’s breathing, the office would have been able to recommend more serious disciplinary action. Myerberg said the SPD policy manual defines a prohibited neck restraint as the intentional application of pressure to a subject’s neck for the purpose of “controlling a subject’s movement or rendering a subject unconscious.” Myerberg said he couldn’t disprove the officer’s claim that he had unintentionally placed his knee on the man’s neck, but he did determine that “what the officer did was not proportional or necessary, because even if inadvertent, the risk of harm is pretty substantial.”

Therefore, the OPA concluded that the officer had unintentionally violated the department’s use of force policy. The OPA also sustained a complaint that the same officer had inappropriately cursed at and threatened demonstrators, calling one woman a “bitch” and telling a fellow officer that he would “fuck up” another demonstrator.

Interim Chief Adrian Diaz will now be responsible for determining how to discipline the officer for both offenses. ”

The OPA also sustained a professionalism complaint against a different officer for an  incident in which the complainant filmed him saying, “I have a hard-on for this shit and, if they cross the line, I will hit them” while responding to a demonstration. The officer in question admitted his wrongdoing to the OPA‚ saying he said he had been quoting a movie (“Top Gun”).

His admission of wrongdoing opened the door for Myerberg to make use of a new disciplinary track for SPD officers called rapid adjudication, which began as one of the accountability reforms proposed by former OPA Auditor and retired Judge Anne Levinson in 2014 and adopted in 2018 as part of the Seattle Police Officers Guild contract.

In a rapid adjudication case, the officer accepts a disciplinary action and waives the right to an investigation or an appeal, saving the city and themselves from an investigative process that could last up to 6 months. The goal of rapid adjudication, or RA, Levinson said, “was to create a department in which officers can admit their mistakes and acknowledge responsibility. Typically, union contracts prioritize due process‚ officers have the right to investigations, for instance—so there wasn’t room for officers to admit wrongdoing.”

In this case, the officer will only receive a written reprimand. At the moment, Myerberg’s office doesn’t measure the efficacy of disciplinary actions in changing officers’ behavior, but he hopes they will start tracking that data in the future. “We could look at recidivism,” he says, adding that a punishment as minor as a written reprimand could still incentivize good behavior because multiple reprimands are grounds for the department to suspend or terminate an officer.

Myerberg’s office did not sustain the complaint against the officer who pepper-sprayed the seven-year-old, concluding instead that the officer had not intended to spray the child and therefore hadn’t violated department policy. The OPA wasn’t able to interview the child or his father (who was pepper-sprayed alongside his child) after the family’s legal counsel didn’t respond to the OPA’s interview requests.

However, based on body camera footage and officer testimonies, the OPA found that the father and child were standing behind a woman who was trying to wrestle away an officer’s baton; when that woman ducked, the pepper spray hit the child. The bodycam footage also appeared to disprove the father’s claim that he and his child had been praying with members of their church just before the incident: the footage showed the father yelling obscenities at officers in the lead-up to the incident.

Because a picture of the child crying after being pepper-sprayed circulated widely on social media, Myerberg expects the OPA’s findings in that case to be unpopular, but he also doesn’t believe his office has legal grounds to push for disciplinary action against the officer. Instead, he said, the City Council’s crowd control weapons ordinance—the subject of an ongoing court battle—could provide recourse in similar situations in the future.

Because the ordinance bans the use of several less-than-lethal weapons (including pepper spray) in crowd-control scenarios, Myerberg said that in the future, “officers could be liable even for unintentional harm.” It would not, however, open the door to retroactively punish the officer for pepper-spraying the child on May 30.

The OPA also declined to sustain complaints in two other cases. In one, protesters alleged that an officers violated the department’s use of force policy by pushing them back with batons; one complainant added that because of his sexual orientation, the officers’ aggression “seemed homophobic.” After reviewing the bodycam footage, Myerberg found no reason to conclude that the officers had used excessive force, nor did he find evidence that the officers acted out of bias.

The second case arose from a complaint that an SPD officer pushed down an elderly man on Capitol Hill on May 30th. The person who filed the complaint, however, heard about the incident second-hand, and Myerberg’s office couldn’t find any witnesses or video evidence of the incident to back up the complaint.

The OPA will continue to release protest-related findings on a rolling basis. Myerberg’s office has not given a timeline for the next sets of investigations, but the OPA website includes a dashboard showing the progress of demonstration-related complaint investigations.

Cuts to SPD’s Domestic Violence Unit Could Undermine DV Investigations, Experts Say

Image by zeraien via Wikimedia Commons.

By Paul Kiefer

As part of the staffing transfers that Interim Seattle Police Chief Adrian Diaz announced last Tuesday, the Seattle Police Department is in the process of moving 88 officers to patrol duties, with more transfers to follow. Those reductions include 29 Community Policing Team members, five members of the department’s Intelligence Unit (used to identify crime hot spots and to determine where patrol officers will be deployed), and five members of the department’s Domestic Violence Unit—nearly a quarter of that unit’s staff.

Despite assurances from both Chief Diaz and Mayor Jenny Durkan’s office that the department is working to ensure that the staffing transfers don’t limit the domestic violence unit’s efficiency and capacity, sources both outside SPD and inside the unit itself are raising concerns that the move will undermine domestic violence investigations.

“Of course I’m concerned,” said David Martin, the head of the King County Prosecutor’s Domestic Violence Unit, which works with the SPD unit on felony cases. “It’s hard to imagine this not increasing the caseloads for the remaining detectives, and that can take a toll on the thoroughness or speed of the investigations.” That increase in caseloads would have happened this year even without the staff transfers, he said, given the recent surge in domestic violence cases in the county.

“A 911 response never resolves a domestic violence incident. Relying on police response to address domestic violence lacks understanding of what survivors experience when they encounter the legal system because neither the domestic violence nor the legal process ends with that 911 call.” – Judy Lin, King County Bar Association

According to the King County Prosecutor’s Office, as of the end of July, the county saw a 17 percent increase in domestic violence felony case filings compared to last year. So far this year, there have been 11 domestic violence homicide incidents in King County, accounting for 15 deaths (which include two murder-suicides and one incident with multiple victims)—twice as many as in all of 2019. Another eight murders were committed by convicted domestic violence offenders; because the victims in those cases weren’t intimate partners of the perpetrators, they aren’t counted as domestic violence homicides.

According to Martin, SPD’s Domestic Violence Unit plays a crucial role not only in investigating domestic violence cases, but in conducting follow-up with offenders, including serving protection orders and removing guns from offenders’ homes. In fact, SPD’s Domestic Violence unit was created specifically to shift those duties away from patrol and into a specialized unit trained specifically in managing domestic violence cases.

The SPD Domestic Violence Unit is also a part of King County’s Regional Domestic Violence Firearms Enforcement Unit (RDVFEU)—a collaboration between county and city prosecutors, the sheriff’s office, and the SPD unit; the SPD detectives are responsible for serving protection orders and removing guns from the domestic violence offenders within city limits. The RDVFEU has recovered 30 percent more firearms this year than they had by the same time last year and has seen a 104% increase in Extreme Risk Protection Order filings, which mandate the removal of a firearm from domestic violence offenders.

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Retired judge Anne Levinson, who led the effort to establish the regional firearms unit, is worried that the cuts to SPD’s domestic violence unit will undermine the department’s commitments to their regional partners. “My concerns are both the ability to swiftly and strongly enforce the law and the importance of quickly serving protection orders and removing firearms when those orders are served,” Levinson said. “Both those are put at risk by those cuts.”

An officer who works in SPD’s Domestic Violence Unit, who spoke on the condition of anonymity, echoed the concerns of Martin and Levinson, saying they can’t fathom how their colleagues will be able to process ever-growing caseloads with fewer investigators. The officer said they are especially concerned about the unit’s Elder Crimes division, which will lose two of its three officers. The division is responsible for investigating physical abuse, neglect, or financial abuse involving senior citizens.

Mirroring the broader surge in domestic violence filings, the officer said, the elder abuse unit has also seen their caseloads increase during the past year, which they credit to pandemic-related isolation. “The elder abuse team’s numbers are always increasing,” they explained, “and during the pandemic, there’s less supervision of elders because people don’t want to infect them, so they can be hugely vulnerable to abuse.”

In his press conference last week, Interim Chief Diaz said that increasing the number of patrol officers will enable faster 911 responses;  that distributing patrol duties between a larger number of officers will reduce on-the-job stress and allow those officers more time to build relationships with community members; and that decreasing the number of officers assigned to special units—who Diaz said often work more overtime—will lower the department’s overtime spending.

Durkan spokeswoman Kelsey Nyland said Durkan supports the transfers because they serve Diaz’s goal to “focus the culture of SPD— including patrol—on community and neighborhood policing” and “lay the groundwork to create a department that is less centered around individual, siloed specialty units and instead can handle a total collection of incidents.”

As for concerns about the ability of SPD’s Domestic Violence Unit to investigate cases, aid in prosecutions, and provide follow-up for victims, the mayor’s office doubled down on last week’s assurance that “SPD will be closely monitoring the data for any potential negative impacts and making data-informed decisions about staffing and allocation of resources.” Nyland added, “If SPD doesn’t have enough officers in patrol to be quickly dispatched to initial incidents of domestic violence, then the subsequent detective work loses much of its purpose.”

But according to Judy Lin, the Senior Managing Attorney for the pro bono family law programs at the King County Bar Association (which deals with domestic violence cases), improving 911 response times to domestic violence incidents does less to ensure the safety of victims than the follow-up work provided by the Domestic Violence Unit.

“A 911 response never resolves a domestic violence incident. What you’re dealing with are survivors who have a relationship with the abuser involving a pattern of coercive control,” Lin said. “Relying on police response to address domestic violence lacks understanding of what survivors experience when they encounter the legal system because neither the domestic violence nor the legal process ends with that 911 call.”  If the reduced Domestic Violence Unit struggles to keep up with casework, she said, “it is more likely that abusers will not be held accountable… Without [an efficient Domestic Violence Unit] there are so many reasons for survivors to not follow through with the criminal case when they assess the risks of doing so to their safety and that of their children.” 

Lin also added that patrol officers responding to domestic violence incidents can actually make victims less safe. “If survivors reach out to law enforcement who don’t have specialized training, it can increase the risk of harm and lethality,” she said.

And elder abuse cases often don’t involve a 911 call at all, said Nadia Armstrong-Green, a Senior Rights Assistance administrator with Sound Generations, a King County nonprofit that serves older adults and adults with disabilities. “A lot of elder crimes involve some form of financial abuse,” she said, “and I often advise people to get the police involved, but many of our clients are reluctant to do that. Most people don’t see fraud or identity as an emergency.”

According to the Domestic Violence Unit detective, problems may also arise from transferring detectives who haven’t been on patrol in several years without adequately preparing them for their new patrol positions. One of the domestic violence detectives who will be transferred, they say, hasn’t been in the field for nearly a decade. “I’d think [they] would need some kind of modified field training before [they] would be prepared to work as a single officer unit. There have been technological changes, policy changes… a lot has evolved for patrol officers.” Instead, they say, the transfers will receive only about a week of training before they are deployed on patrol on September 16.

Interim Police Chief Diaz Explains Plan to Transfer 100 Officers to Patrol


By Paul Kiefer

In his first appearance in his new role, Interim Seattle Police Chief Adrian Diaz joined Mayor Jenny Durkan Wednesday to explain why he’s transferring 100 officers to the 911 response team within the month.

Diaz first announced the move in an SPD Blotter post on Tuesday afternoon, saying his intent is to “better align department resources with our mission statement and community expectations” by emphasizing patrol roles (officers responsible for responding to 911 calls) which he called the “backbone” of the department.

Diaz said today that his goal is to move “at least half” of SPD’s officers to patrol positions, as well as half of the supervisorial staff (lieutenants and sergeants). He explained that about 40% of the 100 officers who will transfer to patrol by September 16th will leave units that currently serve patrol-like functions, including officers in the anti-crime unit, traffic enforcement ,and community policing. The rest of the new patrol officers will come from a variety of the department’s other specialty units,. Those units, Diaz said, were adopted over the past several decades “at the cost of [SPD’s] 911 response,” adding that “considering current personnel and budgets, these specialty units are a model we can no longer afford.”

The dramatic move came just a week after Durkan issued a sharp rebuke of the council’s vision for downsizing SPD by vetoing their midyear budget rebalancing package. That council package included several ordinances that would have cut 100 positions from the department—largely through attrition, but also including targeted cuts in several specialty units, including the harbor patrol, the mounted unit, and the misleadingly named homeland security unit (generally assigned to provide security at large events).

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One of Durkan’s most consistent criticisms of the package was that the job cuts would lead to slow 911 response times to even the most serious crimes, including rape and home invasions. But the council responded by pointing out that 56% of all 911 calls in Seattle are for non-criminal situations; they recommended a more effective protocol for triaging SPD 911 response that would prioritize critical incidents and vulnerable populations, ensuring fast response times when they are most necessary. The council hasn’t yet voted on whether or not to override the mayor’s veto.

According to Durkan, the shift was largely spurred by demands she’s heard from “every neighborhood in the city,” both for faster 911 response times and for greater community engagement. “Officers don’t have the time they need to know the residents and businesses of the neighborhoods they serve,” Durkan said, “and many times it’s because they were responding from call to call.”

She and Diaz both said increasing the number of officers on patrol would allow officers to respond faster and respond to a wider array of calls—including “Priority 2” calls, which SPD defines as “altercations or situations which could escalate if assistance does not arrive soon.” 

Diaz said it would also give officers more time to “identify the underlying issues [on their beats] and start relationships with renters, homeowners, the neighborhood watch, the business owner, and the person living outside.” And while some of the transfers would come from the community policing unit, Diaz’s indicated the new patrol officers would be expected to shoulder some responsibility for community policing themselves.

Durkan brushed off questions from the press about the contrast between the increase in patrol officers and the concerns of the Defund SPD movement about  interactions between SPD and the public, arguing that she’s heard more consistent calls for efficient 911 response. “We know we still need police,” she argued. “We rely on them to provide public safety.”

Durkan and Diaz also said the shift will help cut the department’s overtime costs by scaling down the more overtime-heavy specialized units and increasing the number of patrol shifts.

Durkan pointed to this year’s spike in homicides—up 44% from last year in King County, according to the King County Prosecutor’s Office—as another justification for the reshuffling. She said the move will “help…officers arrive at scenes more quickly, give victims the help they need, help first responders and find perpetrators.” However, she acknowledged that “policing alone cannot and will not solve” the rise in gun violence. She said  “upstream” investments in education and diversionary programs were a key part of the solution, as well as “trusted community partners who can deescalate situations and provide alternatives to the criminal justice system.”

For the time being, Diaz said, he intends to move at most two detectives per specialty unit, such as Domestic Violence or Sexual Assault; those detectives’ caseloads will be transferred to the staff remaining on those specialized units. He said one of his goals is to minimize the effect of these transfers on the department’s case closure rate and the speed of investigations. (Patrol officers do not conduct investigations).

In keeping with the conditions of the Seattle Police Officers Guild contract, Diaz said the first detectives to be reassigned to patrol will be those who most recently joined specialty units, and therefore those who have the most up-to-date training as patrol officers. However, Diaz added that detectives who haven’t been on patrol duty for several years will receive “updated” training during the coming two weeks to learn new patrol rules and procedures.

But Office of Police Accountability Director Andrew Myerberg doesn’t think that last-in, first-out approach to transfers will last, and in fact, could exacerbate a potential officer shortage. “The OPA expects to see SPD staffing shortages for the next year, if not longer,” he said. “And we think we might see a rise in senior officers retiring instead of going back onto patrol,” he said.

That would mean more patrol vacancies, and potentially more transfers from the specialty units to fill those vacancies, which, in turn, would leave the remaining detectives in the specialty units with much larger caseloads. He said his office will play a role in retraining officers for patrol, “understanding that there are going to be officers who come onto patrol for the first time in years.”

Despite her recent veto of the council’s proposed 2020 budget revisions, the mayor said she thinks the council will “respond very positively.”

Lisa Herbold, the chair of the council’s Public Safety Committee, told The C is for Crank that she had the chance to discuss the shifts with Diaz after his announcement. She said she supports his authority to make deployment decisions, and she “appreciate[s] that he wants to do more to improve 911 response time.”

However, she sees some bumps in the road ahead. For instance, Herbold said she supports the idea of increasing the number of shifts, but added that “it was [her] understanding that contract negotiations with SPOG will be necessary” to make those changes.

Herbold said she hopes Diaz’s yet-to-be-disclosed decisions about which specialty units will use officers align with the council’s proposals this year for downsizing some SPD units. “It would have been great to know more about whether the executive and Chief Diaz looked at the specialty units the council identified to be reduced,” she said. “And even if there’s disagreement between the Council and the Executive about whether the Navigation team should exist, I’d hope the mayor and the chief would consider moving some officers off that team.”

In the coming week, SPD is giving officers the opportunity for officers to indicate their preferred assignment before ultimately deciding which officers to reassign to 911 response.

In Narrow Vote, County Council Ousts Police Accountability Director

 

By Paul Kiefer, with reporting by Erica C. Barnett

On Tuesday afternoon, the Metropolitan King County Council voted by a narrow margin against renewing Office of Law Enforcement Oversight Director Deborah Jacobs’ contract, which expired in June. (Jacobs was serving as de-facto head for the past two months). In her place, the council appointed OLEO’s current Deputy Director, Adrienne Wat, to serve as interim director.

Council Chair Claudia Balducci first proposed not renewing Jacobs’ contract two weeks ago. Her surprise announcement came a month after the council received the findings of an independent investigation into allegations by OLEO staff that Jacobs made a series of inappropriate or discriminatory remarks to them during her four-year term as director. For example, one staffer complained that Jacobs had commented (sarcastically, she says) that she could only see a white man as deputy director of OLEO, and, on a separate occasion, that she could not invite OLEO staff to a Roe v. Wade celebration because it was for women only.

OLEO community engagement manager Jenna Franklin praised Jacobs for hiring “people who are different and more diverse than her—that’s what a leader like that should do.” But she notes that “the ability to work with sensitivity in collaboration with diverse staff and communities is essential for public servants.” King County’s Equity and Social Justice rules state that “elected leaders and directors are ultimately responsible for ESJ,” Franklin notes, “including in regard to workplace and workforce.”

“In this case, she has acknowledged missteps and that impacts to staff did occur.  Missteps shouldn’t be the sum total of a person, a system, or those [they] represent.”

“There’s a narrative that I push the boundaries and that’s probably true, because I have tried to fulfill the public’s expectation for strong oversight, and I’ve faced endless roadblocks in doing so. They have used that narrative as a basis to try to discredit my work.”—Deborah Jacobs

In today’s hearing, Balducci explained that her push to not reappoint Jacobs was driven by  concerns about the OLEO work environment; an investigation into Jacobs substantiated five of the eight complaints against her. One of those sustained complaints stemmed from an incident in which Jacobs apparently commented that an employee’s weight and race made it easier for him to build rapport with sheriff’s deputies; the man, who has struggled with weight-related self-image problems, said he felt uncomfortable speaking to Jacobs directly about her comment.

“We are supposed to be about accountability and equity and fairness,” Balducci said in an interview before the vote. “I don’t think we really can accept less than achieving accountability and equity and fairness in our own workplace. If we are going to be about investigating and calling out a lack of equity in one place it makes [the need to have equity and accountability within OLEO] even more compelling.”

The vote not to reappoint Jacobs was closer than the August 18 vote of the council’s Employment and Administrative Committee to recommend removing Jacobs. (That committee includes all nine members of the council.) In the earlier vote, the council voted 7-2 to not reappoint Jacobs; on Tuesday, the full council reached the same conclusion with a 5-4 vote. Council members Dave Upthegrove and Rod Dembowski voted against the ouster both times; council members Jeanne Kohl-Welles and Jim McDermott changed votes.

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The most vocal opposition to Jacobs’ ouster on Tuesday came from Dembowski and Upthegrove, Both expressed concern that Balducci and other colleagues are being too harsh and that replacing her is not in the best interest of police accountability in the county. “The assets that I’ve seen [Jacobs] bring to this office,” Upthegrove said, “particularly as it pertains to community engagement and the tenacity with which she’s represented our interests, and what we’ve seen to be a passionate commitment to racial and gender equity, leads me to believe that the mistakes she made aren’t enough to lead me to this conclusion.” He also said removing Jacobs was an example of a double standard: “I can’t help but thing of members of law enforcement who continue to have their jobs today in the face of mistakes and judgement calls that—in my mind—are much more serious.”

Dembowski echoed those concerns, adding that he saw the council’s approach to replacing Jacobs as legally dubious. “I’ve been very troubled by this process,” he said during the council meeting. “It’s generated a $2 million claim,” in the form of a tort Jacobs filed in Pierce County two weeks ago alleging sex and gender discrimination by the county. “I think that we mixed discipline from the report with reappointment, and I think they should have been kept separate.”

Local police accountability watchdogs also expressed their concerns about the council’s move to oust Jacobs, whom they see as a brave and determined force for greater oversight of the King County Sheriff’s Office. Annalesa Thomas, a co-founder of the police accountability group Next Steps Washington and the mother of Leonard Thomas (killed in 2013 by Fife Police while unarmed and holding his son) appeared during Tuesday’s public comment period to voice her support for Jacobs; in an interview before the vote, Thomas said Jacobs “has brought to the forefront many of the issues that family members [of police shooting victims] raise. She didn’t go along to get along.”

“We are supposed to be about accountability and equity and fairness. I don’t think we really can accept less than achieving accountability and equity and fairness in our own workplace.”—King County Council member Claudia Balducci

For her part, Jacobs acknowledges that she was sometimes reckless in her comments to coworkers and hoped for a chance to make amends, but she is also convinced that the council’s decision was driven by politics and a lack of support for accountability itself. “It’s been an unjust process and I wouldn’t wish this treatment on anyone else,” she said in an interview. “It’s going to be really hard for anyone to survive because it’s a hostile climate, there is little support, and mistakes are seized upon.”

Jacobs also says her record as a fierce defender of accountability—and the resulting tensions between her and the KCSO—has left her constantly defending herself since she took the position in 2016. “They [KCSO] don’t trust me,” she explained. “There’s a narrative that I push the boundaries and that’s probably true, because I have tried to fulfill the public’s expectation for strong oversight, and I’ve faced endless roadblocks in doing so. They have used that narrative as a basis to try to discredit my work.”

Balducci denied that her proposal against Jacobs was intended to assuage the KCSO. “I cannot state in strong enough terms how important it is to me that we have a strong, courageous, diligent leader of our Office of Law Enforcement Oversight. Those things are not bad. Those are good things,” she said. “There is a kind of inherent tension and even conflict that can exist in the role itself, and you need somebody who isn’t intimidated by that and who need to go forward with what needs to be done.” Continue reading “In Narrow Vote, County Council Ousts Police Accountability Director”

The City and County Keep Lists of Cops with Credibility Issues. Many of Them Remain on Patrol.

Image from SPD Detective Franklin Poblocki’s body camera

By Paul Kiefer

In early April, a pair of Seattle Police lieutenants from the West Precinct spotted a man rolling a bike and a garbage can down Main Street in the International District. Large coils of copper wire hung off the bike’s handlebars, and the garbage can was packed with more of the same wire. In their report, the officers noted that the wire appeared to have been torn or quickly cut; the officers concluded that the man had probably stolen it from a nearby construction site. When they stopped the man to question him, he quickly admitted that he had taken the wire from a site near Yesler Terrace. The officers then booked the man into the King County Jail.

By most standards, the arrest was unremarkable. But if one of the officers who arrested the man had been called to testify, her name—Lora Alcantara—would have triggered an alert that could have prompted prosecutors to drop the case.

Alcantara is one of 24 SPD officers on the so-called “Brady Lists” kept by the King County Prosecutor and the City Attorney’s Office. The lists, named after a 1963 US Supreme Court ruling called Brady v. Maryland that required prosecutors to present any evidence that might benefit the defendant, are formally known as Potential Impeachable Disclosure (PID) lists. They include the names of officers with sustained findings of dishonesty, evidence of racial bias, or criminal charges or convictions.

Alcantara was in added to the KCPO’s PID list in 2016 after a Seattle Office of Police Accountability Investigation found her guilty of misconduct for calling a Black driver a “fucking Negro” during a car chase in 2013. [UPDATE] A subsequent OPA investigation found that Alcantara also lied about her interaction with a KIRO-TV news crew she encountered during the chase when debriefing the incident with her supervisor, leaving her with an additional mark on her record for dishonesty. Former police chief Kathleen O’Toole suspended Alcantara for five days without pay for violating the SPD manual’s “prohibitions concerning derogatory language.” 

 

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In practice, those lists limit the ability of officers with a record of misconduct to testify. If a listed officer is the sole witness in a case, both prosecutors’ offices say they are far less likely to file charges, limiting the officers’ abilities to work alone. However, though listed officers are often unable to give testimony—a key responsibility of law enforcement officers, especially those working in patrol operations—salary and assignment data show that the department has continued to give the 24 officers annual raises and has left the vast majority in patrol positions. 

When a prosecutor from either office finds that an officer they subpoenaed to testify in a case is on their Brady list, their offices have to disclose that information (and additional details about the officer’s misconduct record) to either the defense attorney (if the officers are on the list because of a record of dishonesty) or the trial judge. Defense attorneys can use this information to impeach an officer’s testimony, and being on a Brady list “can be a factor in whether a prosecutor chooses to file charges,” Dan Nolte, the communications director for the city attorney’s office, said. “If a Brady List officer is on a case and no other officers can corroborate their account, we’re likely to seek additional evidence confirming the situation before choosing to file.”

Over the past decade, the lists have grown to include dozens of SPD officers, and they continue to grow.

Over the past decade, the lists have grown to include dozens of SPD officers, and they continue to grow. Most of the 75 SPD officers on the lists are no longer employed by the department: some, like 31-year SPD officer Ernest Hall (for whom the OPA found a lengthy record of dishonesty), the department fired outright; others, like former officer Alex Chapackdee (arrested in 2017 on federal drug trafficking and money laundering charges) resigned in lieu of termination; and others, like former Detective Ron Smith (charged for shooting a rival biker gang member at a South Dakota bar in 2008), retired from the department.

OPA Director Andrew Myerberg says it’s rare for officers who land on the lists to keep their jobs. Still, it is common enough that of the 75 SPD officers who prosecutors have added to their lists over the past 15 years, nearly a third remain employed by the department.

Four active SPD officers are on both lists because of dishonesty. One—Officer Christopher Garrett—landed on the KCPO list 15 years ago after lying about his availability to testify in a drug trial; he was among the first officers to be added to the list. Another, Detective Franklin Poblocki, somewhat famously spent forty minutes waiting outside a Black man’s workplace in the Central District in a rolling chair after the two exchanged barbs over a towed car in 2018. Poblocki told a passerby that he was waiting for an apology but claimed to his coworkers that he had merely been engaged in “community-oriented policing stuff.” In the wake of the incident, the OPA concluded that Poblocki had lied to investigators and now-outgoing SPD Chief Carmen Best demoted him from sergeant to detective for inappropriate behavior that “degraded” the department’s community policing efforts.

At least two current SPD officers on the CAO’s list have criminal charges on their records: Officer Caleb Howard was charged with misdemeanor assault in 2018 after punching a coworker and strangling his 17-year-old son at a backyard barbecue in 2018; 33-year SPD veteran (and one-time officer of the year) Officer Felton Miles was charged with felony harassment after bursting through the door of his ex-wife’s home and threatening to kill her and her boyfriend in 2007. SPD fired Miles, but a Seattle judicial board overturned Miles’ firing in 2008 and ordered the department to reinstate him.

This year, the salaries of all the officers on the lists add up to roughly $3.3 million, not including overtime.

Several on the list are fairly high-ranking. Captain Randal Woolery, for instance, was placed on the CAO’s list in 2019 after an undercover SPD prostitution sting caught him soliciting a sex worker in North Seattle (he has been charged for the incident but not convicted). Seven others on either list hold ranks of sergeant or higher, including Lieutenant Alcantara.

This year, the salaries of all the officers on the KCPO and CAO’s lists add up to roughly $3.3 million, not including overtime. Based on the city’s 2020 wage data, two of those officers—Captains James Dermody and Randal Woolery—will make over $200,000 this year before overtime. Others, like Lieutenant Alcantara, were promoted after the events that landed them on the Brady lists.

Just as notably, though their presence on the lists renders them vulnerable to impeachment as trial witnesses, SPD have left most of the officers on the lists to roles in patrol positions. As patrol officers, they are more likely to interact with the public and make arrests; therefore, the prosecutors are more likely to need their testimony when filing charges against those they arrest. Nolte says the city attorney’s office would rather turn to security camera footage or not file charges than have a case fail because the police witness appeared on their Brady List. KCPO Communications Director Casey McNerthey, however, noted that his office has not yet seen a case dismissed because an arresting officer was on their Brady list — after they disclose that information to the defense council, the court can adjust as necessary.

But that hasn’t stopped the listed officers from making stops and arrests. Detective Poblocki, for instance, has continued to make so-called “Terry Stops“—stopping someone based on an officer’s “reasonable suspicion” that the person is involved in criminal activity—for the past two years as part of the West Precinct’s burglary and theft squad, despite his dubious presence on the KCPO and CAO’s lists. In effect, the prosecutors (and police) have deemed Poblocki not credible enough to give testimony, but credible enough to conduct arrests, carry a gun, and earn a full salary.