Category: Crime

As Seattle Weighs 911 Options, a Promising Program Shows the Potential, and Limitations, of Community-Based Crisis Response

Reverend Martin Lawson at the scene of a shooting in Pioneer Square on September 20th.

By Paul Kiefer

Just before 7:00 on Sunday night, an argument between two men at the encampment next to the King County Courthouse in Pioneer Square ended in a shooting. The shooter ran away into the night; the wounded man was carried by ambulance to Harborview Medical Center, where he was treated for non-life-threatening injuries.

About 30 minutes later, as a police officer was busy taking down the crime scene tape, a man in a black motorcycle helmet appeared from below the Yesler Avenue Bridge. He walked down the row of tents and tarps along the courthouse wall, asking witnesses for details about the shooter and the victim. He couldn’t get answers about the shooter, but longtime park residents said they didn’t recognize the wounded man—he was new to the encampment. Meanwhile, Seattle police officers standing a few yards away were busy searching a stolen car found on the scene for any evidence the shooter may have dumped when he ran.

The man in the motorcycle helmet was Reverend Martin Lawson, the head of the new four-person Critical Incident Response Team organized by Community Passageways, a South Seattle-based nonprofit that has been a center of attention in this year’s citywide conversations about alternatives to policing.

In the past four months, members of the Seattle City Council and the Mayor have regularly pointed to Community Passageways as a model for community-based public safety. The group already holds three city contracts: two for programs that divert young people from the criminal legal system and provide mentorship and counseling (together totaling $845,000) and a third, $300,000 contract for the Critical Incident Response Team, which formally launched three months ago.

As the city weighs its options for non-police 911 response, the Critical Incident Response Team provides a case study in the role community organizations might play in improving emergency responses to violent crime. Among the clearest lessons of that case study, however, are the team’s limitations. Because their model is grounded in community relationships, the Critical Incident Response Team can only work within the boundaries of their community. Introducing the model city-wide would involve replicating the team, not expanding it.

As new as the team may be, Community Passageways founder and CEO Dominique Davis says the program is modeled after work he’s been doing for years. Davis, a former gang member, first began responding to shootings in South Seattle while working as a football coach nearly two decades ago. “I was getting calls from kids I coached, kids I knew from around the neighborhood who would say, ‘coach, come get me—someone just shot at us, my friend just got shot,” Davis said. “So I started doing critical incident response on my own. I would go pick them up, and sometimes I had to take them to the hospital.”

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Davis says that he soon began to run into barriers to his informal crisis response work. “I would show up at the scene of a shooting, and a kid might be laid out in the back seat of a car with a bullet in him, but he wouldn’t want to go to the hospital because he didn’t want to get interrogated by police,” he said. “So I wound up calling prosecutors in the middle of the night, having them connect me to detectives and saying, ‘look, I need to get this kid to the hospital and I can’t convince him to go if you’re going to interrogate him.'” As Davis started reaching agreements with law enforcement, he says he saw an opportunity to formalize the role of community members in responding to violence.

For much of the past decade, Davis’ criminal justice reform work has centered on diversionary programs: He co-founded the program now known as Choose 180, which works to reduce legal penalties for young people facing misdemeanor charges, nearly a decade ago, and he narrowed his focus to serve gang-involved and incarcerated Black youth (ages 15-25) by founding Community Passageways in 2017. Those programs, he says, rely on pre-existing relationships within Seattle’s relatively small Black community.

Deshaun Nabors, an ambassador-in-training for a Community Passageways diversionary program called Deep Dive, echoed Davis. “This is about as community-based as it gets,” he said. “There’s barely ever more than two degrees of separation between any two people—I mean staff and clients. That’s where [Community Passageways’] soul is.” Nabors is a testament to the organization’s reliance on existing relationships: Davis knew Nabors’ uncle, and reached out to him while Nabors awaited sentencing for a robbery in 2019. Nabors entered the Deep Dive program earlier this year.

In many cases, the Critical Incident Response Team relies on the same community relationships to field emergency calls. Lawson said they’ve received emergency calls from the parents of shooting victims and witnesses who have team members’ phone numbers; in other cases, including the fatal shooting in July near Garfield High School that killed 18-year-old Adriel Webb, team members lived close enough to the incidents to hear the gunshots and arrive at the scene within minutes. The team has received about 15 calls a month so far.

“This is about as community-based as it gets,” he said. “There’s barely ever more than two degrees of separation between … staff and clients. That’s where [Community Passageways’] soul is.” —Deshaun Nabors, Community Passageways ambassador-in-training

Lawson, who joined Community Passageways in March after three years directing a prison ministry in North Carolina, said team members have also taken peacekeeping roles at another 20 gatherings—including memorials, rallies, and a multi-day assignment at the Capitol Hill Organized Protest zone (CHOP)—to de-escalate any conflicts among young people, especially those with gang ties, whom they know through their personal networks.

Lawson said he was on peacekeeping duty at CHOP on June 20th when Marcel Long shot and killed 19-year-old Horace Lorenzo Anderson after a dice game went awry. While he wasn’t able to respond in time to stop that shooting, Lawson said that he and fellow Critical Incident Response Team members rushed to the scene and spotted another several other teenagers—familiar faces—drawing guns to retaliate. “They knew us, we knew them, and we talked them down before anyone else got hurt,” he explained while standing on the corner of 4th and Yesler as witnesses to Sunday night’s shooting started to disperse.

Lawson said he was also present as a peacekeeper at the memorial for Adriel Webb on the night after his killing. Unfortunately, he said, “we’re still so short-staffed, so we decided to leave once it got late.” Not long after the team members left, a still-unidentified gunman shot 19-year-old Jamezz Johnson in the head, killing him.

The unit’s role as crisis responders, Lawson explained, doesn’t look like the job of police—in order to maintain community trust, and particularly the trust of gang-involved youth, it can’t. In fact, Lawson said his team members make a point of not interacting with police when responding to a call or serving as peacekeepers; at the scene of the shooting in Pioneer Square on Sunday, Lawson never came within twenty feet of an officer.

Lawson said the Critical Response Team often interviews witnesses and gathers intelligence after shootings, although they don’t share the intelligence they gather with investigating officers to maintain their network’s trust. Team members’ personal relationships with community members, and particularly with gang-involved community members, have allowed them to keep tabs on the movements of known gunmen and to intervene before gang members can retaliate against their rivals. At least one of the team members is an inactive gang member himself, said Davis; that member maintains a direct line of communication with his gang’s leadership, and Davis claims he used it to stop a retaliatory attack earlier this year. 

But when Lawson arrived at the scene of the Sunday night shooting in Pioneer Square, the limitations of the Critical Incident Response Team’s role as a violence prevention program became clear. After his brief conversations with park residents, Lawson signaled that he didn’t plan to stick around. “When shootings happen in this part of the city, we show up because there’s a possibility that one of the kids we know was involved. Sometimes they come here to sell drugs to the people who live in the park, and if they shoot someone or get shot, we should respond.” Continue reading “As Seattle Weighs 911 Options, a Promising Program Shows the Potential, and Limitations, of Community-Based Crisis Response”

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.

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.

The Council Just Created a Blueprint for Defunding the Police, but Mayor Durkan Isn’t On Board

By Erica C. Barnett

This piece originally appeared at the South Seattle Emerald.

The city council’s budget committee approved package of cuts to the Seattle Police Department budget that would reduce the department’s size by about $3 million, representing around 100 positions, this year;, remove police from the Navigation Team, which removes unauthorized homeless encampments; and start the city on a path to fund new approaches to public safety that don’t involved armed officers. Most of the proposals aren’t direct budget cuts—which the mayor could simply ignore—but budget provisos, which bar the executive branch from spending money in a way other than how the council prescribes.

The council also voted narrowly to dismantle the Navigation Team itself, by laying off or transferring not just the 14 police officers on the team but the system navigators, field coordinators, and other civilian staff who do outreach to encampment residents and remove litter, sharps, and debris. (Those positions would be replaced by contracted service providers, which is how encampment outreach worked before the city brought it in-house last year). And they agreed in principle to $17 million in funding for community organizations, including $3 million to start a participatory budgeting process for 2021. 

Other cuts would eliminate the mounted patrol, cut SPD’s travel budget, eliminate the school resource officer program, and reduce the size of the public affairs department. Some of the 2020 reductions would be achieved be through attrition—eliminating vacant positions or not filling positions when officers leave.

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Another amendment, adopted 5-4, would reduce this year’s pay for SPD’s 13 command staff to the lowest rate allowed in their designated pay bands, a cut that would save around half a million dollars between September and the end of the year, according to sponsor Kshama Sawant. If the cuts were annualized, they would reduce the command staff’s pay by an average of $115,000 a year; police chief Carmen Best, who makes almost $300,000 a year, would see her salary cut to $171,000,.

In response to the council’s vote, a spokesperson for Mayor Jenny Durkan called the council’s proposal “unattainable and unworkable.”

“[With] a few hours’ discussion and without consulting the Chief of Police, City Council has voted to reduce the police force by 105 this year, cut the Chief’s salary by 40 percent, and eliminate the City’s team of specially trained social workers that conduct outreach and address encampments and RVs that pose significant public health and safety concerns,” the spokesperson said. 

The council is assuming that layoffs would have to be bargained with the police union and couldn’t occur until at least November, so the savings from cuts would work out to a higher dollar amount next year, when they would, in theory, be annualized. According to council budget chair Teresa Mosqueda, the cuts and transfers the council is proposing this year would amount to about $170 million in 2021, or about 41 percent of the police department’s budget.

“[With] a few hours’ discussion and without consulting the Chief of Police, City Council has voted to reduce the police force by 105 this year, cut the Chief’s salary by 40 percent, and eliminate the City’s team of specially trained social workers that conduct outreach and address encampments and RVs that pose significant public health and safety concerns.”—Statement from Mayor Jenny Durkan’s office

Taken together, the council’s amendments lay out a path forward for future cuts, and a commitment to reinvesting programs guided by the principles of community groups like the Decriminalize Seattle coalition. It’s important to know, however, that while the council can tell the mayor how it wants her to spend the budget, she is generally free to ignore their direction. (See, for example, the administration’s reluctance to expand the Law Enforcement Assisted Diversion program to provide hotel rooms and assistance to people living outdoors during the pandemic, or to pay for mobile showers for which funding was allocated last November)

In acknowledgement of this power differential—and the fact that labor negotiations may take longer than three months—each of the provisos includes a caveat ensuring that officers will still get paid if the city fails to reach agreement on specific layoffs by November, when the council majority wants the cuts to go into effect. “In every single one of the provisos that reduce spending … the council acknowledges that the chief may realize reductions differently than what the council is proposing,” public safety committee chair Lisa Herbold said. “These provisos are our recommendation for how to achieve the reductions based on the advice that we’ve received that make it more likely that we will be successful in bargaining.”

Across administrations, mayors and councils tend to bicker along predictable lines: The executive branch dismisses the council as ill-informed and naive, while the council accuses the mayor of obstructing progress and ignoring their directives. But the enmity between the two co-equal branches has reached a level under Durkan that many longtime city hall staffers call unprecedented.

Yesterday, for example, Durkan and Best called a press conference to condemn the council’s proposals, one of several they’ve held throughout the council’s budget process. During their prepared remarks, the mayor and chief suggested that cutting the police department would create a “gap in service” for people calling to report major crimes like burglaries and rapes, and accused council members of wanting to lay off officers “by race” because the usual order of layoffs would mean cutting the newest, most diverse cohorts of officers first.

“The mayor does not agree with the city council and a majority of the people of Seattle who believe that we need to substantially reduce the size and scope of the police department, and as a result she is spreading misinformation and fear about what the council intends to do in order to undermine our genuine efforts to transform comm safety in our city.”—Council president Lorena González

The council maintains that the police chief could go to the Public Safety Civil Service Commission to request out-of-order layoffs, but the mayor has argued this wouldn’t be practical on a mass scale. “For over a month, the Chief and Mayor have received guidance from labor relations and law that out-of-order layoffs are unlikely to be finalized in 2020, and will therefore not result in 2020 budget reductions,” the mayor’s spokesperson said.

Council president Lorena González said today that she was “disappointed” that “our labor relations division, which lives in the executive department, [is being] utilized in a politically motivated fashion to advance the goal of never seeing layoffs of badge and gun jobs at the Seattle Police Department.” González suggested the real issue is that Durkan “does not agree with the city council and a majority of the people of Seattle who believe that we need to substantially reduce the size and scope of the police department, and as a result she is spreading misinformation and fear about what the council intends to do in order to undermine our genuine efforts to transform comm safety in our city.”

The council’s unanimous vote for one of the most impactful pieces of defunding legislation—an amendment directing the chief to issue “immediately issue layoff notices” to 32 sworn officers—can be seen as an effort to show a unified front. Or it could be a sign that the often-divided council is in genuine agreement on an approach to defunding SPD. Some of the most surprising remarks this afternoon came from council member Alex Pedersen, whose house has been targeted by protesters urging him to support the goal of defunding SPD by 50 percent. Addressing police officers directly, Pedersen said, “I appreciate the good work so many of you do. At the same time, you’re asked to do too much. You’re sent into complex situations that other professionals in our community might be better equipped to handle.

“You’re also part of a system born out of racism,” Pedersen continued, “and despite progress and reforms, that institutional racism of police departments here and across the nation continues to have a disproportionate negative impact on people of color. By rethinking what public safety really means, by centering Black and Indigenous people and people of color, by taking a thoughtful approach, we can seize this historic opportunity to disrupt institutional racism and achieve real community safety.”

Morning Crank: “Please Be Respectful of the Art”

Photo by Tim Harris

1. The recent shooting at Third and Pine in downtown Seattle was a tragedy, but it has also served as an opportunity: For right-wing radio hosts chasing the latest inflammatory headline, for TV newscasters eager to keep frightened viewers in their chairs, and for law-and-order advocates, who used the violence as a justification to renew calls for more “active” policing of people suspected of low-level criminal activity downtown.

Late last October, the Downtown Seattle Association, which is responsible for managing Westlake Park, put up signs instructing people not to sit or lie on the stairs, pink granite slabs, fountain, and other sculptures that make up the “Westlake Star Axis/Seven Hills” installation that spreads across the triangular park.

The sculptures were never intended to be static objects for reverence and observation from a distance.

The signs read: “Maki’s Art: Do not sit or lay on sculptures. Created by Robert Maki with landscape architect Robert Hanna in 1988, Westlake Star Axis/Seven Hills is a series of sculptures made specifically for Westlake Park. The seven works include a granite column and six rectangular structures meant to represent the geography of Seattle. … Please be respectful of the art and do not sit or lay on the structures.” 

However, the sculptures were never intended to be static objects for reverence and observation from a distance. The seven sculptural elements, which include the “water wall” fountain at the northwest corner of the park, symbolize the seven hills of Seattle. According to a 1995 Seattle Times article praising the sculpture as a great example of public art, “Tourists, pamphleteers, chess-players, downtown workers and homeless folks share the space, and on a sunny afternoon you can almost feel like you’ve stepped into someone’s clubhouse or living room. A 24-foot-high rectangular arch at the north end of the square has become Seattle’s de facto Speaker’s Corner, while the pink granite cubes/columns at the south end — representing Seattle’s seven hills — serve as seats for other activities.”

In a statement, the DSA said that they had “taken action to update the language on our signage about the Seven Hills sculpture in Westlake Park, asking that park patrons be respectful of the art. … We provide ample seating within Westlake Park for all to use, as our goal with this space is to ensure it’s a park for everyone to enjoy.”

Photo by Tim Harris

Last week, the DSA wrote a letter asserting that Third Avenue “has been taken over by criminal activity, including drug dealing, gang warfare, rampant retail theft, daily overdoses, acts of violence, sexual assaults and robberies” and demanding “an aggressive safety strategy for downtown.” The shooting apparently occurred after a dispute outside the McDonald’s at Third and Pine, an area that is frequently described as an “open air drug market:; however, there is no specific evidence yet that it was related to “gang warfare” or drug dealing. 

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At a meeting of the city council’s transportation committee last week, DSA transportation policy director Emily Mannetti suggested that people will no longer “try transit or choose walking and biking if they feel like they could be a victim of violent crime just by coming and going” through downtown Seattle.

Maki’s daughter, the artist Andrea Maki, denounced the DSA’s directive on Facebook as “absolutely unacceptable and antithetical to the artwork, space, design and intent of Westlake Park” and “utterly disrespectful of the art and sculptor. … Interaction with the public and functionality are inherent, hence this signage, the garbage cans and fencing speak to absolute ignorance.” (Andrea Maki did not respond to a message seeking comment.)

The city of Seattle bans people from sitting or lying on downtown sidewalks or camping in downtown parks, but Real Change director Tim Harris, who posted about the signs on Facebook, said “it would be a reach” to interpret the ordinance as banning people from sitting on the bench-height granite sculptures.

2. A CityClub “Civic Cocktail” event last Wednesday featuring the four new city council focused primarily on downtown safety, with a majority of the questions from moderator Joni Balter and one of her two co-moderators, KING 5 reporter Chris Daniels, centering on whether there are enough police downtown and whether the city is doing enough to eliminate drugs and crime in the area. (As Crosscut has reported, the Seattle Police Department increased patrols in downtown Seattle by thousands of hours in the past year—one reason police were able to get to the scene of the shooting almost immediately.)

Alex Pedersen, who represents Northeast Seattle, said “we do need more police officers” to make people feel safe downtown, and added that the city is failing to prosecute enough people for misdemeanor crimes. (Felony crimes are handled by King County Prosecutor Dan Satterburg). Tammy Morales, who represents southeast Seattle, said the city needs to look upstream at “underinvest[ment] in neighborhoods” like those in District 2, which are more diverse and less wealthy than other parts of the city. And Lewis, who has already suggested opening a new storefront mini-precinct near Third and Pine, elaborated on the idea, saying that the area is “an ecosystem that has a McDonald’s, a check cashing place, and a smoke shop, so we need to provide into this ecosystem… more options for folks at Third and Pine who need services.”

3. At the full council meeting this afternoon, Lewis plans to propose an amendment to council member Kshama Sawant’s that could ameliorate concerns from landlords who say they can’t afford to go without income from nonpaying tenants five months out of the year. (The legislation would prohibit landlords from evicting tenants between November 1 through April 1, or nearly half the year.) The amendment would create a mitigation fund that low-income tenants and providers of low-income housing could access to pay rent during those months if the tenant would otherwise be evicted. Pedersen has also proposed an amendment to the bill, which would limit the eviction ban to landlords who own more than four units of housing.

Durkan Proposes Compromise on LEAD Funding, but Supporters Call It a Half-Measure

Mayor Jenny Durkan and the city’s Human Services Department have proposed a partial-funding plan for the Public Defender Association’s Law Enforcement Diversion Program, an arrest-diversion program for people involved in low-level criminal activity that has been replicated in cities across the country. However, the mayor’s plan would only pay to reduce case managers’ existing caseloads, and to eliminate an existing backlog of people referred to the program through “social contacts”—a lower priority for LEAD than new referrals made through arrest diversion, which the PDA considers the heart of the program.

In an email to council members on Monday, Durkan’s homelessness advisor, Tess Colby, outlined what she called a two-phase plan for funding LEAD in 2020. (As I reported earlier this month, the city budget included $3.5 million in new funding for LEAD to reduce caseloads and expand into new parts of the city, but that funding is now on hold pending a study by a consultant.)

The first phase, according to Colby, would include “the costs and timing associated with the ramp-up of staff to reach an appropriate case management ratio that addresses their current client base (roughly 700 persons) and backlog (roughly 300 persons) of clients.”

The second phase would come after the consultant review, which is supposed to wrap up sometime this spring. The consultants are tasked with assessing “LEAD’s approach to diversion and case management in light of its theory of change and national best practices” and coming up with “LEAD-appropriate performance measures,” according to Colby’s letter.

PDA director Lisa Daugaard, who won a MacArthur “genius” Grant last year for her work on LEAD, says the program’s model “breaks” if only existing caseloads and the backlog of social-contact referrals are funded. “LEAD by definition entails responding to new arrest diversions and priority referrals from local businesses,” Daugaard says. “If we don’t help respond to current problems, we’re not an alternative public safety and order strategy—we’re just a case management program for people who, in the past, committed crimes.”

Council member Lisa Herbold echoed Daugaard’s comments at a meeting of her public safety committee on Tuesday, calling LEAD a “public safety program that exists to prioritize responding to emerging public safety and disorder issues that are identified by the communities where we live and work.” Herbold said the mayor’s proposed funding plan “makes it impossible for LEAD to take high-priority arrest referrals, and they cannot operate as a program without being able to” do so.

All four public safety committee members signed on to a letter to Durkan on Tuesday. The letter, written by Herbold, asks the mayor to commit to fully funding LEAD this year; to release the $3.5 million the council has already approved by March 1, with the concession that the contract can be modified after the consultants come back with their report; and to affirm that LEAD is a public safety program, not a homelessness program.

This last point may sound like a small nit to pick, but it gets to the heart of the issue that has led Durkan to hire a consultant to look at LEAD’s approach. LEAD has long been classified as a homelessness intervention and required to meet the same sort of performance metrics as shelters and day centers, such as referring at least 60 percent of all clients to emergency shelters. (LEAD estimates that 70 percent of its clients are unhoused). The PDA has argued that these metrics are not the right ones for for a program designed to improve public safety by reducing crime, and have suggested their own metrics in the past, but the city has continued to treat LEAD as a homelessness program.

Through a spokeswoman, Durkan’s office said the mayor “believes LEAD provides a valuable service to some individuals who have been cycling through our justice system” and “looks forward to continued discussion with LEAD, as Bennett Midland [the consultant] helps us to determine the performance measures that will help us assess the impact of the program on both the individuals they serve and surrounding communities.”

 

Council Members Respond to Shootings and Pass a Nonbinding Resolution on Nonbinding Resolutions

(Center-to-right): Mayor Jenny Durkan, council member Lisa Herbold, council member Andrew Lewis

1. City council member Tammy Morales was the only council member to vote yesterday against a resolution by council member Alex Pedersen broadly  condemning “all forms of oppression affecting communities throughout the world.” Pedersen proposed the resolution in response to legislation by council member Kshama Sawant weighing in on national policy in India and Iran, saying he hoped it would prevent the council from passing resolutions against “every horrible thing that our president or any world leader does” in the future. At the request of other council members, Pedersen amended the resolution to stipulate that it does not impede future resolutions, winning praise—and votes—from three of his colleagues.

“It’s music to my ears to hear you say that we want to honor future requests” for resolutions, council member Lisa Herbold said before voting “yes.” Andrew Lewis, who said he would not allow the resolution to “inform, limit, or stymie” any future resolutions on world affairs, added. “I’m going to give the benefit of the doubt to my colleague and vote for this.”

In the end, all four of the council’s white members voted for Pedersen’s resolution, while Morales—the only person of color on the dais—voted no.

Before casting her vote, Morales said, “it’s important to condemn oppression, but we must caution against universalizing the shared experiences of oppression itself [because] doing so can minimize the ways that different groups experience oppression.”

I contacted Morales after the meeting and asked her if she was especially conscious of being the only council member of color on the dais during Monday’s discussion. “I didn’t feel it when I started speaking, but the more I kind of processed that list of specific resolutions”—a litany of resolutions in Pedersen’s legislation that appears intended to illustrate the pointlessness of resolutions—”it did.” Most of the resolutions Pedersen included in his legislation aren’t about oppression in far-flung places at all, but about US immigration policy.

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Morales says council resolutions “aren’t intended to be a distraction from the other work that the council has to do,” as Pedersen suggested when he introduced the legislation. Instead, “they are intended to reflect the priorities of our local community as well as the families and friends that our neighbors have in other parts of the world, and I think it’s important that we respect that.”

2. Pedersen, who is head of the council’s transportation committee, sent a letter to Uber and Lyft this week asking whether they charged any customers higher-than-normal prices in the aftermath of last week’s shooting downtown, which, he said, “would be deeply disturbing in a city that permits you to use our public streets. Access to mobility during emergencies should not be determined by ability to pay.”

Several people tweeted last week that they tried to call an Uber or Lyft downtown shortly after the shooting, only to see “surge” prices of $100, $150, or more.

This isn’t some radical Marxist argument; it’s basic capitalism. If you want to jump the line in front of everyone else who’s trying to do the same thing you are, you should be willing to pay for the privilege. Otherwise, you can wait on the bus with the rest of us.

While both companies have said that they’ve issued refunds to anyone who paid extra-high surge rates to leave the downtown area during the shooting and its immediate aftermath, Pedersen’s letter seeks to ensure that anyone who paid even “relatively higher rates during the crisis as they attempted to flee downtown while suspects were still at large” receives a refund.

As someone who was downtown during the shooting myself, let me offer a counterpoint: There is no “right” to a low-cost ride from a private company. Instead, there is the market—a market determined by supply (the number of drivers willing to drive into an active shooting area) and demand (the number of people in that area who want to leave by car.) Because there was heavy traffic into and out of downtown during the shooting, what might have ordinarily been a $20 ride to Wallingford became more valuable—because a driver’s time, like an office worker’s, is worth money, and a 90-minute ride is worth more than a 20-minute one.

Second, private cars aren’t public transit; drivers decide where they want to go and which rides to take based on whether the money justifies the time and risk. No driver is obligated to come into an active-shooting area just because someone on the app really, really wants them to. This, in fact, is the whole reason for surge pricing—to give drivers an incentive to go one place when they would, left to their own devices, go somewhere else. If you don’t think drivers should be paid extra to come into an area you are trying to “flee,” you’re saying that you value their safety less than your own.

This isn’t some radical Marxist argument; it’s basic capitalism. If you want to jump the line in front of everyone else who’s trying to do the same thing you are, you should be willing to pay for the privilege. Otherwise, you can wait on the bus with the rest of us.

3. In other downtown shooting-related news, council member Lewis (District 7) has proposed stationing at least six Community Service Officers—unarmed civilian employees of the Seattle Police Department—in a storefront office somewhere in the Third Avenue corridor. The idea, Lewis says, is to have a permanent location, open 24 hours a day, to take police reports, provide “deescalation and mediation,” and “increase the visibility” of police in the area in a way that “can have a potential deterrence effect” on crime.

“The budget action [in 2019] to expand to 18 CSOs [was intended] to allow them to work in teams in the five police precincts. Calling for six of 18 to be in the West Precinct seems to be an inequitable approach unaligned with the Council’s budget actions in November.” —District 1 City Council Member Lisa Herbold

“Having a new location in the Pike-Pine corridor that is brick and mortar, that won’t be relocated like a mobile precinct, sends a message that our commitment is locked in—that we’re going to have a presence here beyond just a traditional law enforcement-based response,” Lewis says.

SPD opened a storefront in the area in 2015 as part of the “9 1/2 block strategy,” in which police arrested dozens of drug users and dealers in an area of downtown that included the site of last week’s shooting. That storefront was shut down after the operation wrapped up, and Third Avenue remained much the same as it has been for decades—a place where people buy and sell drugs, hang out, and sometimes get into fights.

But Lewis thinks a CSO storefront would be different, because CSOs aren’t a traditional law-enforcement approach. During the first iteration of the program, which ended in 2004, CSOs dealt with low-level calls, including minor property crimes, freeing up sworn officers to respond to calls that required an armed response. The program is starting up again this year, with funding for 18 full-time officers.

Lewis’ proposal would deploy six of those officers in his downtown district, leaving just 12 for the rest of the city. That idea doesn’t sit well with District 1 council member Herbold, who notes that she has been working to get a similar storefront office in South Park, where shootings are common, since last year. “The budget action [in 2019] to expand to 18 CSOs [was intended] to allow them to work in teams in the five police precincts,” Herbold says. “Calling for six of 18 to be in the West Precinct seems to be an inequitable approach unaligned with the Council’s budget actions in November.”

The Downtown Seattle Association has been enthusiastic about the proposal, saying in a statement that “locating a Seattle Police Community Storefront along Third Avenue is a welcome first step toward improving public safety in the heart of downtown.” However, Mayor Jenny Durkan was less effusive. Asked if Durkan supported Lewis’ approach, a spokesperson for the mayor’s office responded, “Our 12 CSOs are currently finishing their months-long training, and will be deployed in February in neighborhoods throughout Seattle. Their deployment plan already includes a presence downtown as well as neighborhoods throughout Seattle.”

Durkan Withholds Funding for Nationally Recognized LEAD Diversion Program

Mayor Jenny Durkan on a tour of Ballard businesses in October.

After squabbling with the city council over funding for Seattle’s nationally recognized arrest-diversion program Mayor Jenny Durkan has decided to withhold a majority of the program’s funding for 2020 and hire a consultant to analyze the program and make recommendations on whether and under what conditions to fund it.

The Law Enforcement Assisted Diversion Program, created and run by the Public Defender Association in collaboration with city and King County law-enforcement agencies, provides case management and referrals to services and housing for people engaged in low-level drug and prostitution crimes. Started as an arrest-diversion program in Belltown in 2011, LEAD has expanded to cover much of the city, and now accepts referrals through “social contacts” in addition to arrest diversions. Last year, PDA director Lisa Daugaard won a MacArthur Foundation award (commonly known as a genius grant) for her work on the program.

The council agreed to provide an additional $3.5 million to LEAD last year after lengthy negotiations and a promise of $1.5 million from Ballmer Group that was contingent on the $3.5 million in additional city funding. The money was supposed to allow LEAD to reduce case managers’ caseloads and expand the popular program geographically. Last month, though, at Durkan’s direction, the city’s Human Services Department sent LEAD a contract that only includes the $2.6 million the mayor proposed in her initial budget, with the rest contingent on an evaluation by New York City-based consultant Bennett Midland, which signed an $86,000 contract with the city in late December.

“The consultants will address appropriate protocols for referrals in partnership with SPD and LEAD and surface best practices in case management, behavioral health treatment and diversion,” senior deputy mayor Mike Fong told LEAD’s senior management in an email in December. “This information will inform their recommendations of relevant performance metrics to be incorporated into an amended contract and for overall consideration of what caseload levels should be. We expect the final report and recommendations this Spring.”

“Revising the contract to add the increased funding of $3.5 million will be informed by the recommendations from an independent program evaluation,” Fong wrote.

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According to Bennett Midland’s contract, the goal of the consultants’ work will be “to establish a shared understanding of LEAD’s existing deliverables, reporting capabilities, protocols, and procedures in order to develop an appropriate set of performance metrics, inform future program evaluations, and align future budget resources and contract provisions with the program’s foundational goals.”

LEAD says that if the mayor does not release the approved funding this year, LEAD will have to cancel its expansion plans and lay off staff. Currently, LEAD project director Tara Moss says, “LEAD is breaking, because legitimate demand far exceeds our capacity to provide case management. By its nature, it’s a program meant to help officers resolve new current problems, as well as provide long term support to people whose behavior has been problematic in the past.  So for LEAD to be healthy and useful, it has to take appropriate, priority new referrals from police and businesses.  Our police partners are making appropriate high priority referrals that we have no space to absorb, and even if we shut our doors to new referrals tomorrow—which would be the end of LEAD as we know it—we can’t even sustain the current caseload.”

“We are hopeful that the Mayor’s office will release the full funding. We would be really disappointed to see the nature of our grant fundamentally change from expanding a successful program to simply paying for something we thought government had agreed to fund. That would be a loss for the city.” — Statement from Ballmer Group

Durkan’s decision to withhold approved funding from a city contractor is highly unusual and introduces a new uncertainty into the annual budget process. Ordinarily, the mayor proposes a budget, the council amends it, and the adopted budget becomes the budget for the following year. There is little if any precedent for for the mayor’s office to reject the adopted budget for a specific program on essentially a line-item basis. Council member Lisa Herbold, who chairs the council’s human services and public safety committee, says she can’t recall “any budget adds not being funded” after a budget was finalized and passed in the two decades she has worked as a council aide or council member. A resolution “declaring that the City is committed to ensuring that evidence-based, law enforcement-engaged, pre-booking diversion programs, such as LEAD, receive the funding necessary to accept all priority qualifying referrals” passed unanimously in November.

Funding from Ballmer Group was explicitly tied to the $3.5 million in additional city funding, although [UPDATE] a spokesperson for the group says they do not intend to rescind the funding now. In a statement, Ballmer Group said, “We are hopeful that the Mayor’s office will release the full funding. We would be really disappointed to see the nature of our grant fundamentally change from expanding a successful program to simply paying for something we thought government had agreed to fund. That would be a loss for the city.”

“Very sad that we are facing this uphill battle AGAIN.  I thought we had your funding straightened out and on a smooth path; after our budget was complete, Council’s  intentions to fund LEAD expansion was clear.”—Former City Council member Sally Bagshaw

LEAD had already begun to expand its services to include new parts of the city, signing leases on new field offices in SoDo, Capitol Hill, and North Seattle and preparing to add staff through a nationwide search, Daugaard told key LEAD stakeholders in an email last month. “Now it’s far from clear that we should proceed with any of this.” According to Moss, LEAD’s current preference is to “act as if” the $3.5 million will come through midyear, but that’s a gamble—one that Moss says “requires City assurance that the approved funding will be made available by mid-year,” regardless of whether Durkan decides to fund the program after her consultants come out with their report.

Continue reading “Durkan Withholds Funding for Nationally Recognized LEAD Diversion Program”

“She Told Me She Was There To Make Money and She Enjoyed It”: Diversion Funding Discussion Derailed by Crass Cop Comments

The topic that was actually on the table: LEAD’s ballooning caseload.

A council discussion about whether to expand funding for the successful Law Enforcement Assisted Diversion (LEAD) program, which is understaffed and over capacity, was derailed Wednesday afternoon when deputy police chief Marc Garth Green defended SPD’s recent return to the old, widely discredited policy of targeting sex workers, rather than buyers, for arrests. (That story was reported by Crosscut.)

The exchange came after council member Teresa Mosqueda challenged claims that the city needed tools besides diversion, such as “enhanced probation,” to address “prolific offenders” because LEAD wouldn’t work for certain people. (Mosqueda’s point was that there’s no way to prove diversion doesn’t work for people who have never had the chance to enter a diversion program, and that the problem was funding, not lack of evidence that LEAD works).

I’ve transcribed much of the exchange, but here’s where it got heated: 

Garth Green: We have people who are working the streets that aren’t necessarily substance abusers. They have homes. Some of them choose to do what they’re doing. [From the dais, Mosqueda can be heard saying, “No.”] We need to have some type of intervention with them, whether it be LEAD or something else, but we have to address these types of things. To simply go about doing the same thing over and over again becomes problematic. … We’ve had two homicides in the North Precinct on Aurora directly related to prostitution activities and we have to make that population safe as well. [At this point, Mosqueda tried to speak.] Please, ma’am. I firmly believe in LEAD. We should fund LEAD. All I’m saying is I need a lot of resources to deal with the complex problems that we have up there.

“We have people who are working the streets that aren’t necessarily substance abusers. They have homes. Some of them choose to do what they’re doing… That [knowledge] comes from my experience of actually working the street up there and talking to a young lady who specifically told me that she was there to make money and enjoyed it “—Seattle Police Department Deputy Chief Marc Garth Green

MosquedaYou’re talking about people on Aurora making choices? The only people making a choice in terms of prostitution are the johns on Aurora who are stopping to see if people are willing to get in their car. Those folks who are working on the street are not making a daily choice to go out there. They are… sustaining themselves, their families, their kiddos. This is not a choice people are making, as in, they’re housed, they have all access to health services, and they feel economically stable. … If you’re basing referrals for arrests instead of to LEAD based on your assumption or gut or sense that somehow it was better to arrest them than to get them into LEAD, then I want to see the data.

I’d also like to see data that shows that people are making this choice, because absolutely, in my 15 years of working on this issue, from human trafficking and labor trafficking and standing up for workers’ rights, I have never been so shocked by such an assertion.

Garth Green: I appreciate that, councilwoman. And that comes from my experience of actually working the street up there and talking to a young lady who specifically told me that she was there to make money and enjoyed it and I still believe that that young lady had some problems—

Sawant: This is just unacceptable. Did you just say that that young lady enjoyed it? I mean—

Garth Green: That’s her words, not mine, but what I’d like to say—

Sawant: I don’t think you should be speaking for women at all, much less in the context of the worldwide statistics that the people who get into sex work primarily get into it because of financial constraints imposed on them by the system.

Deputy Seattle Police Chief Marc Garth Green

Later in the afternoon, SPD’s official Twitter account responded with a statement attributed to Garth Green, clarifying his “earlier remarks that I was unable to finish at City Council today.” The statement suggested that, contrary to his previous “she enjoyed it” claim, SPD considers all sex workers to be trafficked victims who may be safer behind bars.

“There is a reason we refer to those engaged in prostitution as High Risk Victims,” the SPD account said. “In our experience, victims are forced into prostitution through violence, deception, and other factors not of their choosing. Diversion options can be limited, and we may need to arrest them to disrupt the cycle of violence and abuse. For people trafficked in prostitution, jail can be a safer place than out on the street. That said, our primary enforcement focus will ALWAYS be those who profit from and support this form of human trafficking.”

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Garth Green’s comments came in the middle of a presentation on LEAD by representatives from the budget office, the mayor’s office, and the police department, who were defending the mayor’s decision to effectively flatline LEAD’s funding in 2020. (The mayor’s office proposed a $288,000 increase, but Public Defender Association director Lisa Daugaard said that increase will be eaten up by rent increases and boosts to caseworker pay aimed at reducing turnover). Continue reading ““She Told Me She Was There To Make Money and She Enjoyed It”: Diversion Funding Discussion Derailed by Crass Cop Comments”

Justice Reform Advocate Behind Successful Diversion Program Wins MacArthur “Genius” Grant

This post originally appeared on Seattle magazine’s website.

Image Credit: Hayley Young, Seattle magazine

Lisa Daugaard, the Seattle criminal justice reform advocate and director of the Public Defender Association (PDA), used to joke with her staff that she would never get a MacArthur grant—the no-strings-attached financial stipend commonly known as the “genius grant.” “It has been kind of an internal joke among my colleagues and family that this would never happen to me, because I had a particularly challenging dynamic with MacArthur over how the work in the [criminal justice] field should progress,” Daugaard says.

So when she got a call from the MacArthur Foundation—several calls, actually, plus a number of increasingly urgent texts—she thought, “I’ll get to this when I get to it.”

Daugaard was preoccupied with a more pressing problem—the latest city budget left the Law Enforcement Assisted Diversion (LEAD) program underfunded, and the PDA would have to stop taking on new clients starting in early 2020. The city has expanded the program geographically since it first started as a Belltown pilot program in 2005, but resources have not kept up with the expanding need, and the small staff is now “pinned at their desks” by staggering caseloads, Daugaard says. “We’ve been struggling with fairly profound questions about whether LEAD is going to make it in Seattle. … The model will collapse without some recognition that as we build enthusiasm for and willingness to use this model, by definition, we have to grow in capacity.”

So when her phone started ringing, Daugaard says, “I was very preoccupied and grumpy. That morning, I was walking around thinking, ‘I’m kind of done. I don’t think I can fix this.’”

When she finally returned the call, “and then I realized that the only thing they needed to ask me about was whether I would accept this award, it was just one of those moments in one’s life where the thing that you had absolutely, conclusively ruled out as ever possibly happening does happen, and it reminds you that you should probably stop assuming that you know what is possible,” Daugaard says.

LEAD, a joint effort between the PDA, police, and other community stakeholders, is a pre-arrest diversion program that offers alternatives to the criminal justice system for low-level offenders with mental illness and substance use disorders. The program has been shown to be more effective than other approaches at reducing recidivism, reducing arrests by 60 percent compared to other approaches. Versions of LEAD now exist across the country—a testament, supporters say, to the effectiveness of the program.

MacArthur’s process for choosing grant recipients is notoriously secretive. It involves following potential recipients’ work for multiple years and interviewing other people in their orbit to gauge the impact of their work. “The idea that folks who have tried to steer the criminal justice field are feeling confident about this direction was kind of news to me, and very welcome information,” Daugaard says.

She hopes Mayor Jenny Durkan and other city leaders are paying attention. “The people who confer about what direction our field needs to take have decided that this is a very promising direction and that this is not a risk. I hope that that is the takeaway,” she says.

As for what she plans to do with that $625,000 of grant money from the foundation? Daugaard says she’ll figure that out soon—right after she finishes up a couple of big projects, including training 15 organizations from across the U.S. on the LEAD model. “I think in 2020 I will be able to start stepping away and doing some writing” about the theory and practice of LEAD and why it works. She knows the program will go on whether she’s actively engaged on a day-to-day basis or not. “I’m proud and pleased that [LEAD] is not dependent on any one person or any one personality and style,” she says. “I’m really confident that that the same insights will be generated, and the same problem-solving will happen, whether I’m there or not.”