Category: Cops

Council Considers Cutting SPD by $5.4 Million in Response to 2020 Overspending

Changes in SPD Staffing from 2012 to 2021, via Seattle Police Department)

By Paul Kiefer

The Seattle City Council’s Public Safety Committee is considering a $5.4 million cut to the Seattle Police Department’s 2021 budget to account for an equivalent amount of overspending by the department last year. During the committee’s regular meeting on Tuesday morning, council members received a briefing from the council’s central staff on the potential impacts of those cuts on a department still reeling from a spike in attrition in 2020.

Last August, in an effort to avoid spending extra money on protest-related overtime, the council passed a resolution saying that they wouldn’t support any increase to SPD’s budget “to offset overtime expenditures above the funds budgeted in 2020 or 2021. Three months later, the council backpedaled, grudgingly adding $5.4 million to SPD’s to backfill for overspending on family leave, separation pay, and overtime pay for officers working at COVID testing sites.

While none of the spending in Durkan’s proposal would directly pay for protest-related overtime, several council members—including budget committee chair Teresa Mosqueda—argued that the department could have avoided year-end budget shortfalls if it had scaled back its protest response and prioritized spending on other unanticipated expenses.

But the council wasn’t happy bailing out SPD, and on the same day, they passed a second resolution expressing their “intent” to cut an equal amount from SPD’s 2021 budget to offset the overspending and discourage the department from spending beyond its budget in the future. The council also passed a budget proviso withholding $5 million from SPD’s budget under the assumption that the department would save at least $5 million in staff salaries because of high attrition and the city-mandated hiring freeze; if the department didn’t reach $5 million in salary savings, the council would lift the proviso.

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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.

Year-end attrition figures from SPD surpassed the council’s expectations. By the end of 2020, 186 officers had left the department—double SPD’s projections for attrition at the beginning of last year. The council developed SPD’s 2021 budget under the assumption that the department would pay 1,343 officers; on Tuesday morning, the council’s central staff estimated that SPD will only fill 1,289 of those spots, leaving SPD with as much as $7.7 million in salary savings in 2021. Continue reading “Council Considers Cutting SPD by $5.4 Million in Response to 2020 Overspending”

Investigations into Police Conduct at Protests Provides Window into Office of Police Accountability

Protest at 11th Avenue and Pine Street on Capitol Hill in June 2020 (Creative Commons)

By Paul Kiefer

Seattle’s Office of Police Accountability (OPA) is less than halfway through the 142 investigations it launched into the Seattle Police Department’s response to last summer’s protests—the result of nearly 20,000 individual complaints. Since September, the office has closed 55 of those investigations.

Relatively few of the investigations resulted in the OPA finding an officer guilty of misconduct significant enough to merit discipline: The office only ruled that officers seriously violated department policy in 12 cases. Some involved well-publicized incidents. For example, the OPA ruled that an SPD officer breached department policy when he threw a tear gas canister at an NBC news crew in Cal Anderson Park on June 1, hitting correspondent Jo Ling Kent in the arm. Of the 12 officers involved in those incidents, SPD has issued written or oral reprimands to six, including the officer who threw the tear gas canister at the news crew. The other six officers await a disciplinary decision from Interim Police Chief Adrian Diaz.

But the OPA isn’t limited to deciding whether or not an officer needs discipline. The office’s rulings on protest-related misconduct allegations have been a window into the OPA’s toolkit—and into the strategic thinking of its director, Andrew Myerberg.

Training Referrals

In about 20 percent of protest cases, Myerberg recommended “training referrals” instead of discipline. A training referral directs SPD to re-train an officer on the specific policy or practice they violated; the OPA typically issues the referrals to first-time offenders.

In one case, an officer received a training referral for having his body-worn video camera off when he fired a pepper ball at a reporter reaching into her bag at a protest on Capitol Hill; after watching the bodycam footage from a nearby officer, the OPA concluded that SPD couldn’t hear the reporter identify herself as press, and believed she was reaching into her bag for something to throw at him. Another officer was referred to training after insinuating that he would ticket a bicyclist who questioned why SPD officers were using a Seattle Public Schools property as a staging ground.

La Rond Baker and Erin Goodman, the co-chairs of Seattle’s Community Police Commission—one of the OPA’s counterparts in the city’s police accountability system—said it was unclear that training referrals are having their intended effect. “We believe there needs to be a critical conversation both about the effectiveness of these trainings, and the negative effects limited disciplinary sanctions might have on the culture of the Seattle Police Department and public trust in Seattle’s accountability system,” they told PubliCola in a joint statement.

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Myerberg says that the OPA hasn’t collected data about how well the training referrals work—for example, by tracking whether officers who go through mandatory training break the rules again—because of staffing restraints. “We have anecdotally looked at behavior changes,” he said, adding that his office hasn’t seen any noticeable patterns of repeat offenses.  Nevertheless, the OPA hasn’t formally reviewed the recidivism rates of officers who receive training referrals.

He also argues that issuing training referrals for first-time offenses that aren’t serious uses of force, bias incidents or dishonesty is a matter of fairness. Recommending more serious consequences for those first-time offenses wouldn’t be appropriate, Myerberg said, because “there’s no other employer that would hold their employees to that high a standard,” particularly given the unusual pressures of officers’ jobs—though, as police accountability advocates pointed out routinely over the past year, no other employer gives its employees the right to detain or kill. He added that issuing training referrals is an opportunity to push SPD supervisors to take a more active role in correcting officers’ behavior and department culture.

 

Management Action Recommendations

In some cases—like that of the British journalist who SPD officers arrested at Cal Anderson park last July—the OPA ruled that officers acted in line with department policy, but that their actions pointed to flaws in policy or training (rather than in the officers’ judgment). When those situations arise, Myerberg can issue a “management action recommendation” to suggest changes to the department’s policy manual and training curriculum.

Since September, Myerberg has issued eight of those recommendations. Those include a recommendation that SPD train its officers to make fewer misdemeanor arrests at protests to avoid escalating tensions, and that the agency screen its social media posts for accuracy. Current SPD policy only requires the department to screen tweets about shootings by officers and other incidents in which police kill or seriously injure people. Continue reading “Investigations into Police Conduct at Protests Provides Window into Office of Police Accountability”

How Reforms for Off-Duty Police Work Died on the Vine

Image reprinted through a Creative Commons license.

By Paul Kiefer

In May of 2017, serious changes to the Seattle Police Department’s oversight of its officers’ off-duty work appeared to be imminent.

For years, officers found off-duty work as security guards and traffic flaggers in Seattle through an opaque system rife with real and perceived conflicts of interest. Though officers leveraged the power of their department jobs to find high-paying work in their free time, SPD didn’t oversee how much its officers charged for their services, screen outside employers, or closely monitor officers’ adherence to department rules. The system was based on trust, and it often failed. As early as 2005, a Seattle Times investigation found that dozens of officers skirted department rules prohibiting them from working in bars and nightclubs, sometimes acting as bouncers, while supervisors looked the other way.

But even after some basic reforms, the world of off-duty employment remained a gray area in which officers’ duties to the public and loyalties to their employers were blurred. For a decade, police accountability experts, including the City Auditor and retired judge Anne Levinson, pushed the department and city council to intervene.

In June of 2017, the council passed a sweeping accountability ordinance that included the requirement—long championed by reform advocates—that SPD use civilians to independently manage and oversee its officers’ secondary employment in-house, with the goal of creating a transparent system that would give the city control over allocating contracts and setting prices at no cost to the public.

Four months later, then-police chief Kathleen O’Toole highlighted the urgency of those reforms by asking the FBI to investigate allegations that SPD officers, with the help of the Seattle Police Officers’ Guild (SPOG), conspired to inflate hourly prices and intimidated business and property owners to stave off competition. As the FBI launched its investigation, then-mayor Tim Burgess doubled down on the reforms in the accountability ordinance, signing an executive order directing SPD to create a timeline and work plan for taking over management of officers’ off-duty work.

But more than three years later, SPD has made almost no progress toward managing its officers’ off-duty work, and the windows for corruption that sparked the FBI investigation in 2017 remain wide open. The death of those reforms after a change in leadership and a rush to reach a labor agreement with SPOG in 2018 is a lesson in how quickly city leaders can forget or abandon a widely supported reform.

More than three years after the city adopted a sweeping police accountability ordinance, SPD has made almost no progress towards managing its officers’ off-duty work, and the windows for corruption that sparked an FBI investigation in 2017 remain wide open.

Peter Nguyen, the labor negotiator who represented the city’s labor relations unit during bargaining with SPOG in 2018, says that the death of secondary employment reforms deserved more outcry than it received. At its core, he argued, SPD officers’ secondary employment stems directly from their primary jobs as police officers; therefore, Nguyen believes the city has the right to oversee how its police officers use their role as cops to make money in the private sector.

At the very least, Nguyen says, “we need to be assured that a police officer is not working too many off-duty hours or coming off of an all-night security stint and directly patrolling our streets while armed, fatigued, and judgement-impaired,” he said. He also said the current system could also create opportunities for officers’ off-duty loyalties to seep into their on-duty responsibilities. “How do we know that an on-duty officer doesn’t happen to over-patrol a business which pays them after hours as a form of kick-back?” he asked.

Councilmember Lisa Herbold, who chairs the council’s public safety committee, echoed Nguyen’s and other police accountability advocates’ concerns about overworked officers and the potential for conflicts of interest. “Who is regulating and coordinating those off-duty jobs, essentially running a private, for-hire police department?” she said, alluding to past litigation about officers connecting their friends on the force to high-paying off-duty jobs, creating a power and income imbalance within the department.

Under current rules, an SPD officer who wants to find work needs the department’s permission, which they receive by applying for a permit from the department. When working off-duty, SPD now requires officers to enforce the law and follow department policies, and SPD policy forbids officers with records of misconduct from holding secondary jobs.

Despite that policy, the department approved secondary employment permits for at least two officers who appeared on the King County Prosecutor’s Brady list—a list of officers with sustained findings of dishonesty, evidence of racial bias, or criminal charges or convictions—in 2019. Detective Franklin Poblocki, who joined the county prosecutor’s Brady list for lying to Seattle’s Office of Police Accountability during a misconduct investigation in 2018, received department approval for 23 permits in 2019 alone, 11 of them after the county added him to their Brady list in June of that year. Officer Wade Murray, who also landed on the prosecutor’s Brady list in 2019 for lying to the OPA, received approval for three off-duty work permits later that year.

The absence of an oversight office in the department has left other problems unaddressed. Department policy forbids officers from working more than 64 hours a week, including off-duty hours, to ensure that officers don’t come on duty overworked. But without an oversight office, officers are left to self-report their hours to the department; SPD has no easy way to double-check to ensure that they’re telling the truth.

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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.

If an officer works too many hours in a week, or if they work an off-duty job without a permit from the department, they can be subject to an OPA investigation. However, according to OPA Director Andrew Myerberg, it’s hard for his office to catch violations of secondary employment policies. “If we’re going to come across secondary employment-related misconduct, it’s almost always tangentially,” he said. For example, the OPA sometimes discovers that an officer lacks a permit when a civilian complains about the officer’s behavior at an off-duty job.

Before the COVID-19 pandemic, opportunities for an officer seeking off-duty work were boundless. A list of secondary employment contracts from 2019-2020 shows more than 300 officers—nearly a quarter of the force—working for dozens of private and public employers, ranging from Seattle Public Utilities to Dick’s Drive-In and the Paramount Theater. Because Seattle only allows sworn police officers to take traffic control jobs, many officers find work directing traffic outside busy downtown garages or at construction sites.

SPOG, which represents SPD officers, detectives and sergeants, sets the minimum hourly rates for its members’ off-duty work. The guild didn’t respond to PubliCola’s request for updated hourly rates, but a public document from 2019 listed a minimum hourly rate of $52 for an off-duty officer or detective working as a security guard and $55 for an officer or detective working in traffic control. However, because police officers have exclusive domain over traffic control jobs and can negotiate even higher rates, several downtown garage owners told the Seattle Times in 2017 that an officer demanded and received as much as $120 an hour. Continue reading “How Reforms for Off-Duty Police Work Died on the Vine”

SPD Confirms That At Least Five Officers Were In DC During Capitol Attack

By Paul Kiefer

On Wednesday afternoon, the Seattle Police Department confirmed that at least five of its officers were present at the rally held by former President Donald Trump in Washington, D.C. on January 6th that preceded the hours-long attack on the U.S. Capitol by Trump’s supporters. More than a week after an SPD officer reported two of his colleagues to his superiors for a Facebook photo of the pair at the rally, three more officers notified the department that they, too, had attended the event.

Office of Police Accountability Director Andrew Myerberg broke the news during a meeting of Seattle’s Community Police Commission (CPC) on Wednesday morning. At the time, only two new officers had stepped forward; they were joined by one more officer later that afternoon, which Interim SPD Chief Adrian Diaz acknowledged on the department’s blog. In his comments to the CPC, however, Myerberg said he “anticipate[s] that there may be more.”

Myerberg said his office is investigating whether any of the five officers took part in the attack on the US Capitol; Diaz promised to fire any officers involved in the insurrection. During the CPC meeting, Myerberg added that the OPA will also try to discern whether the five officers had ties to any militias or white supremacist groups. “In my mind, membership in an [extremist] group would be a disqualifying factor for employment with the Seattle Police Department,” he said, “but that’s going to be the chief’s call.”

However, Myerberg also noted that his office hasn’t been able to interview any of the officers yet. The OPA’s manual requires its investigators to give officers accused of misconduct two notices before conducting interviews: one when the office first begins their investigation and another after investigators complete a preliminary review of the evidence in the case. The OPA has to provide the second notice within 30 days of opening an investigation; Myerberg told the CPC that his office will likely need that time to sift through footage and photographs, so he estimates that his investigators will start interviewing the officers in a month.

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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 two officers whom the OPA began investigating on January 8 are currently suspended with pay. In his blog post, Diaz noted that the three new officers under OPA investigation are still on duty. “The difference is that they self-reported,” said Myerberg. “When they did that, they affirmatively stated that they weren’t involved in any illegal activities. The first two didn’t provide that kind of statement.”

If the OPA investigations find the three officers were involved in the attack, Myerberg noted that in addition to being fired, the officers would also lose their certification to work as law enforcement officers in Washington for lying to the department.

However, Myerberg emphasized to the CPC that his office can’t treat the officers’ presence at the January 6 rally as evidence of misconduct in and of itself. “If you just have a firmly held belief that the election was stolen and you want to go yell on the mall,” he told the commissioners, “you’re allowed to do that.”

During and after Myerberg’s presentation, some commissioners shared their belief that department should not treat its officers’ presence at a rally alongside hundreds of avowed white supremacists as a benign act of free expression. “I don’t understand how we can derive any other decision other than they were there to spur what those people did to storm the Capitol,” said CPC Executive Director Brandy Grant, adding that the department’s efforts to respect the free speech rights of the five officers stood in sharp contrast to its response to SPD’s response to last summer’s protests.

CPC Commissioner and SPD Officer Mark Mullens, typically one of the commission’s quieter members, also spoke up during Wednesday’s meeting. “I would ask that the OPA keep in mind the African-American officers,” Mullens, who is Black, said. “We have to guard ourselves from people who mean to harm us, meaning white supremacists. It’s unsettling to think that there’s a possibility that there might be some behind you—someone who is supposed to be backing you up—that’s involved in” white supremacist groups.

Later in the meeting, Mullens shared that MAGA hats have become a regular sight in at least one of SPD’s precincts. “Your political views are your business,” he said. “And whether you’re racist or not is still to be found out. But when you’re wearing that [hat], you’re not taking into consideration Black officers and other officers who might be triggered by that… [and] there’s also the question of the community’s trust.”

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.

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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.”

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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”