Category: criminal justice

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”

City Attorney Pete Holmes Will Seek Fourth Term

By Erica C. Barnett

City attorney Pete Holmes is running for reelection, he told PubliCola Monday, in a wide-ranging conversation that covered the federal consent decree, the state of downtown Seattle, and last year’s historic protests. If he’s reelected, Holmes said, he will have served alongside six mayors, about 30 council members, and “six or seven police chiefs,” and “we’ll be negotiating my third or fourth police contract.” Coming out of the pandemic, he said, “I can’t think of a time that it’s been more necessary to have steady and strong leadership.” If Holmes didn’t run again, in other words, who would take his place? Scott Lindsay?

That’s a scenario that makes many Seattle progressives shudder, and why you can expect to see most of them supporting him this year. (State attorney Bob Ferguson is an early endorser).

Holmes, who was first elected in 2009, has been an easy conservative punching bag, beginning in his first term, when he dismissed all pending marijuana cases and campaigned for Initiative 502, which legalized and regulated marijuana statewide. More recently, Seattle’s right-wing pundits have excoriated him for declining to prosecute some low-level misdemeanors, including property damage during protests and so-called “survival” crimes, saying he’s part of the permissive culture that lets “prolific offenders” run roughshod over the city.

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But Holmes has frustrated some progressives, too, by seeking to end federal oversight of the police department,  continuing to promote court-based solutions to public health problems such as addiction and mental illness, and what some see as his failure to aggressively pursue supervised drug consumption sites, which a King County task force recommended five years ago.

Holmes defended his record on police accountability, saying that the city has made impressive progress toward compliance with the consent decree, even if the exact path toward freedom from federal oversight remains unclear. “The final word [on the consent decree] is, does Judge Robart agree that we have gotten there? I think the good news is that he has recognized that we’ve achieved an amazing amount.” But, he added, “We’ve got to get to the bottom of what happened this summer, and the new [court] monitor [Antonio Oftelie] has got a plan that will hopefully address it this year.”

PubliCola asked Holmes about his approach to people who commit misdemeanor crimes (the only kind the city prosecutes) that are rooted in poverty, addiction or mental illness. Last year, Holmes helped reboot the city’s community court, which provides alternatives to conviction or jail for people convicted of certain low-level crimes. Given that diversion alternatives already exist, though, why put people through the criminal legal system at all? Continue reading “City Attorney Pete Holmes Will Seek Fourth Term”

Poll Tests Encampment Crackdown; Turf Battles Possible as Homelessness Authority Takes Shape

1. A recent poll asked respondents about a potential Seattle ballot initiative that would use existing government funds to support treatment for mental illness and drug addiction while giving police more authority to “intervene” if people experiencing homelessness didn’t accept the “help” they were offered. The hypothetical ballot measure would also re-establish the police-led Navigation Team, which removed encampments and offered information about shelter and other services to their displaced residents.

The poll also included a number of test messages supporting and opposing the theoretical measure. Among the opposition messages: The groups supporting this initiative don’t really care about solving homelessness and this solution doesn’t include housing; encampment sweeps are unethical or immoral; it’s wrong to involve police in homelessness; and big business contributed to the problem of homelessness and should help solve it.

The “pro” messages included: We’ve spent hundreds of millions of dollars and the problem is still getting worse; the council is too lenient on repeat offenders, including one council member (Lisa Herbold) who is trying to pass a “poverty” defense for crimes; businesses are struggling and facing the possibility of having to reopen with encampments everywhere.

Gauging the impact of negative and positive messages helps supporters of ballot measures (and candidates) craft a campaign that responds to the strongest objections while pushing the most compelling message in favor of a measure.

It’s unclear who’s behind the poll. PubliCola has reached out to several groups that have advocated for the city to change its approach to unsheltered homelessness, including the Seattle Metro Chamber, which did not respond to questions.

An early version of the regional homelessness authority structure, circa 2019.

2. The King County Regional Homelessness Authority announced this week that it has finally chosen a director to lead the agency, which was supposed to take over most of the functions of Seattle’s Homelessness Strategy and Investments division beginning last year. The new director, Regina Cannon, is the chief equity and impact officer at C4 Innovations, which released an influential report on racial inequities in homelessness.

One of the chief authors of that study was Marc Dones, the other finalist for the director position and the lead architect of the original plan for the authority itself. Dones was a frequent presence at City Hall in 2018 and 2019, when Seattle and King County were discussing the makeup of the future authority. As a city consultant, Dones advocated for “digital IDs” that would enable people experiencing homelessness to access services using biometric markers (such as fingerprints) or some other form of digital “signature,” and in 2019, Dones’ firm received $637,000 from the county for various contracts.

Assuming Cannon accepts the $200,000-plus position, she will be in charge of creating an organizational structure for an entirely new agency that will oversee homeless services throughout the county, including both Seattle (the primary fiscal contributor to the authority) and three dozen smaller cities, many of which have their own ideas about how to deal with homelessness in their communities. And she will be responsible for taking over hundreds of homeless service contracts currently held by the city, which plans to shut down its homelessness division over the next year.

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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.

3. In the meantime, the city’s Human Services Department plans to retain control over homeless service contracts in 2021, and, in at least one instance, perhaps beyond. Prior to the elimination of the encampment-removing Navigation Team last year, Durkan had planned to keep that team—and only that team—at the city. Now that the Navigation Team is no more, Durkan reportedly wants to keep the outreach providers that currently contract with the city, primarily REACH, under city control.

Durkan’s office did not respond directly to a question from PubliCola about whether she was “seeking to hold outreach contracts at HSD, as opposed to moving outreach to the new authority.” Mayoral spokeswoman Kamaria Hightower confirmed only that the city would retain its contracts with outreach providers such as REACH “through the end of this year.” Continue reading “Poll Tests Encampment Crackdown; Turf Battles Possible as Homelessness Authority Takes Shape”

Community Police Commission Appoints Permanent Director

CPC Executive Director Brandy Grant

By Paul Kiefer

Seattle’s Community Police Commission (CPC) promoted its interim executive director, Brandy Grant, to a permanent position during a commission meeting on Wednesday morning.

Grant, who took over as interim executive director in August 2020, was one of three candidates seeking the position. The others were Eddie Aubrey, the manager of the Office of Professional Accountability in the Richmond, California police department; and Ed Harness, the executive director of Albuquerque’s Civilian Police Oversight Agency.

Aubrey began his career as a police officer in Los Angeles and Santa Monica, but he stepped away from policing after the beating of Rodney King by a group of LAPD coworkers in 1992. He later worked as a deputy prosecutor for King County and as Renton’s chief prosecutor, and he established the Office of Independent Review for the Fresno Police Department. As Aubrey told the CPC in a public interview on Monday night, the City of Fresno closed his office “due to lack of funding” after he refused to re-write an critical audit of a fatal police shooting that also sparked a federal civil rights case against the city.

Harness took charge of Albuquerque’s Civilian Police Oversight Agency in 2015; before that, he was a police officer in Milwaukee, a private attorney and a volunteer police commissioner in Wisconsin. In his interview on Monday, Harness cast himself as a “credible” and “pragmatic” choice for the CPC’s executive directorship, arguing that SPD would be more open to his input because of his law enforcement background.

He also suggested a policy priority for the CPC: increasing the minimum hiring age for police officers to 25 and eliminating “veterans preference points” in the department’s hiring process. (The Washington State Senate is considering a bill, sponsored by Senator Patty Kuderer, that would effectively do the former).

Grant was the only candidate without a background as a police officer; before her appointment as a CPC commissioner in 2019, Grant worked as a therapist and public health nonprofit manager. Grant was also the only candidate to express support for “dismantling” and re-structuring Seattle’s police disciplinary process, though she didn’t offer detailed plans to the CPC.

She added that her primary concern in increasing public awareness of the CPC’s role in the city’s police accountability structure. “We would have more support from community if people clearly understood who we are and what we do,” she told the commissioners on Monday. Grant shares that concern with past CPC executive directors—after the Seattle city council made the CPC a permanent agency in 2017, then-executive director Fé Lopez also said that raising the commission’s profile and earning community trust were her top priorities.

The CPC director manages the CPC’s $1.5 million budget and five staff members, and serves as a spokesperson for the commission one in presentations to other branches of city government. However, the CPC’s role in the city’s police accountability structure is only advisory: the commission can make recommendations about SPD policy changes, including the 15 policy recommendations the CPC released on Monday. As of last fall, it also has a role in shaping the city’s agenda and strategy for contract negotiations with police unions.

On Wednesday, the CPC voted nearly unanimously—eleven in favor, with two abstentions—for Grant’s appointment. She is the second executive director to be chosen from the CPC itself; the commission promoted her predecessor, Bessie Marie Scott, from policy director to interim executive director in 2019. Grant will also be the commission’s first permanent director in a year and a half.

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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.

Five Months In, a Closer Look at Seattle’s $3 Million Community Safety Research Project

By Paul Kiefer

Seattle City Council central staff and representatives from King County Equity Now (KCEN) joined forces during Monday’s council meeting to provide a progress update on the Black Brilliance Research Project, a city-funded effort by nine community organizations to distill the public safety and community development priorities of marginalized communities in Seattle, particularly Black communities. The research is supposed to be the first step toward a citywide participatory budgeting process, which will shape how the city spends nearly $30 million the council set aside for investments in community safety projects in the 2021 city budget.

Councilmember Tammy Morales, whose office oversees the $3 million contract that funds the Black Brilliance Research Project (BBRP), prefaced the presentation by drawing a line between the project and the upcoming participatory budgeting process. “This is not a presentation about the participatory budgeting process,” she said, preempting any discussion of the project’s ultimate goal.

After months of preparation, the concrete details of the participatory budgeting process are still hazy; meanwhile, the deadline for transitioning from the Black Brilliance Research Project to the participatory budgeting process is approaching.

KCEN has spent the last five months advertising the BBRP as the vital first step toward “true community safety”: Its product, they maintain, will be a set of problems and priorities that Seattle’s public safety budget should address. To reach that end, KCEN has spearheaded a research process that has involved paying more than 100 community-based researchers to conduct surveys and interviews, produce photography projects, and host podcasts that address themes of public safety and community health. (The organizations that make up the BBRP are subcontractors to the nonprofit Freedom Project Washington, which is serving as the fiscal sponsor for the project.)

But after months of preparation, the concrete details of the participatory budgeting process are still hazy; meanwhile, the deadline for transitioning from the Black Brilliance Research Project to the participatory budgeting process is approaching.

The Black Brilliance Research Project began last September, guided by the Blueprint for Police Divestment/Community Reinvestment that KCEN co-produced with the Decriminalize Seattle coalition in the wake of last summer’s protests against police violence and calls to defund the Seattle Police Department. The Blueprint specified that the research would focus on defining “what health and safety actually means, including (but not limited to) alternatives to policing”; it also outlined an ambitious plan to spend roughly $1.2 million to cover the immediate needs of research participants, including transportation and childcare, as well as direct cash assistance. According to the Blueprint, the research project’s final product would be a “road map for how to engage in an accessible and equity-centered” participatory budgeting process by 2021.

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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.

The city contract that supports the research, as well as the ordinance appropriating money for the project, set broad deliverables for the BBRP. Aside from a work plan, a community needs assessment, and three data-driven presentations before the council, the contract asks KCEN to produce a “community participatory budget process” focused on public safety and a road map to repeat that process in the future.

Based on Monday’s presentation, as well as the 1,045-page research report that KCEN released last Friday, most of the researchers’ work has gone into interviews, focus groups and surveys—some to assess barriers to civic engagement, some about policing and the criminal justice system, some about mental health, housing and education, and others that posed open-ended questions about public safety.

In a presentation to the city council, KCEN research director Shaun Glaze distilled those suggestions into the same high-level priorities for public safety spending that KCEN has identified in presentations and reports since September

In the work plan they submitted to the council in November, KCEN wrote that all of the research would seek to answer three questions: “What creates true community safety, what creates true community health, [and] what do we need for our communities to thrive?”

While the qualitative data they’ve gathered can be a valuable guide when weighing budget priorities, the data collection itself has some holes: Elderly people, as well as Latinx and Asian American communities, are noticeably underrepresented among the 4,000 people who have participated in the research so far. Additionally, while KCEN has translated its online surveys into more than a dozen languages, the BBRP’s research teams only include one Spanish-speaking member, one Chinese-speaking member, one member who speaks Amharic and Oromo, and no members who speak Vietnamese, Khmer, or Tagalog. (The primary non-English language spoken by researchers, by far, is Somali.)

The researchers’ expanding collection of qualitative data includes hundreds of suggestions for city investments in public safety or community well-being. Some, like investments in arts education for young people, are relatively broad. Others, like the suggestion of a city program to transform vacant buildings into affordable housing, are more specific.

Continue reading “Five Months In, a Closer Look at Seattle’s $3 Million Community Safety Research Project”

Activists Criticize SPD Process for Approving Protest Policy Changes

By Paul Kiefer

On Tuesday night, Seattle’s Community Police Commission held a town hall to field responses to the Seattle Police Department’s proposed changes to their use-of-force and crowd management policies. The meeting was a rare opportunity for activist leaders to ask SPD representatives about the department’s policies and tactics; during a tense two-hour conversation, those activists pointed out that the lack of access to SPD leadership is itself a barrier to accountability.

Some of the proposals include the creation of a special team to investigate use of force at protests and allowing officers to use pepper-ball launchers as an alternative to blast balls, which can hurt protesters standing near the person an officer is trying to target. (The policies would not entirely prohibit officers from using blast balls.)

The CPC’s last public event was 2015, when the commission hosted a gathering to hear the concerns of protesters who had joined the post-Ferguson Black Lives Matter protests in Seattle. Tuesday’s gathering took a very different form: instead of public comment, the town hall paired a panel of police accountability and abolition activists—Nikkita Oliver, Travonna Thompson-Wiley of Black Action Coalition, Le’Jayah Washington from Colorful Communities and Braxton Baker from the Seattle Group for Police Accountability—with three SPD representatives.

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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.

The CPC arranged the town hall at the last minute; SPD had previously planned to stop taking public feedback by January 8, but the CPC pushed the deadline back to make time for the event.

SPD Assistant Chief Lesley Cordner, who presented the proposed changes to the CPC in December, said the goal of the policy changes is to reduce SPD’s “footprint” at future protests and “target individual law-breakers” in a crowd instead of breaking up otherwise peaceful protests. According to Cordner, the changes would bring the department’s official policies up-to-date with tactical adjustments SPD made after last summer’s protests.

However, any formal changes to SPD’s policies require the approval of the federal judge that oversees the department’s reform efforts. To get that approval, SPD first needs to solicit feedback from the city’s accountability agencies and the public. Before the CPC arranged the town hall, SPD only planned to gather public feedback through an online form posted to their blog in December.

In her initial remarks, Cordner told the panel that SPD reviews and reworks its policies every year; she added that the department considers public input for every round of policy changes, though she didn’t explain how the department has gathered that input in the past.

Cordner’s comments caught the panelists off guard. “I find it pretty flagrant that SPD is parading this as some kind of accountability audit if this is the typical process that happens yearly,” Oliver said. “It’s concerning that I haven’t heard of this policy revision process before,” added Baker. “Because if it wasn’t for [advocacy by the CPC and other accountability groups], this town hall wouldn’t have happened.”

Others criticized SPD for releasing more than 100 pages of proposed policy revisions less than a month before the deadline for civilians to submit their feedback. “BIPOC communities were given only a scrap of time to put together their thoughts on the policy changes,” said Thompson-Wiley. “Meanwhile, the department has already started making the changes.”

At the end of the two-hour town hall, Boatright and the other SPD representatives told the panelists that they would “think hard” about their criticisms of the policies, though they did not give any indication that they would adjust their proposed revisions in light of the criticism.

Baker, however, ended his comments by calling for SPD to extend its deadline for feedback once again. “One town hall isn’t enough,” he said. “We need to hear from the victims who were affected by these policies before we can approve them.”

Narrow Election for Seat on Little-Known Commission Highlights Politics of Police Discipline

By Paul Kiefer

A day before Christmas, a tight election came to an end. The incumbent was Officer Joel Nark, who has worked for the Seattle Police Department for 34 years. His challenger was Doug Johnson, a 21-year veteran of the Seattle Fire Department. Both were after the only elected position on the Public Safety Civil Service Commission (PSCSC), a three-member body that hears certain appeals from police and firefighters who were fired, demoted or suspended. Nark, who currently chairs the PSCSC, has held the elected position since 2003; he ran unopposed in three of the past six elections.

When the City Clerk’s office counted the votes from public safety employees—the only people who can vote in the election—Nark was ahead by one vote. The small margin triggered a recount.

The campaigns for a little-known position in the city’s police accountability system never spilled into the public eye, but the race was a case study in the intersection of politics and police discipline.

In the candidate statement he published last fall, Johnson took a bland, non-confrontational approach, pointing to his record working on the fire department’s Race and Social Justice Team; his experience presenting before the PSCSC, city council and mayor; and his ability to be a “neutral party when making tough decisions.”

Nark chose a very different tone. “The Commission is under assault from the Mayor, City Council, [and] Civilian Police Commission [sic],” he wrote. “They want to take rights away from the four unions that the PSCSC serves.” Nark was referring to a clause in the 2017 Police Accountability Ordinance that would have prohibited city employees from serving on the commission, as well as recently-retired SPD officers. Though that clause would have eliminated Nark’s position and replaced it with an appointee, the city’s 2018 contract with Nark’s union, the Seattle Police Officers’ Guild (SPOG), prevented the city from changing the PSCSC’s makeup.

He then turned his attention to his two co-commissioners—a pair of attorneys, one appointed by the city council and the other by Mayor Jenny Durkan. “The other 2 Commissioners now serving are both attorneys who have no police/fire background [a]nd have been on the PSCSC for 1yr & 1mnth respectfully,” he wrote. “As of now, I Chair the PSCSC and am doing everything I can with my 20yrs of institutional knowledge to protect your rights given to you by the State of WA.” In a gesture to the fact that his opponent is a fire fighter, Nark concluded by naming endorsements from two retired fire fighters.

As chair of the PSCSC, Nark has the ability to make decisions about his colleagues’ disciplinary appeals. His role on the PSCSC raised eyebrows when an SPD Officer named Todd Novisedlak appealed his firing to the PSCSC last year. His appeal hearings began on Tuesday morning.

Retired SPD Chief Carmen Best fired Novisedlak after an Office of Police Accountability (OPA) investigation found that he had beaten his ex-girlfriend and repeatedly used racist, sexist and homophobic slurs, including calling his Black sergeant a “monkey,” calling a fellow officer a “lazy Mexican” and referring to a third officer as “that crazy SPD whore.” Nark was close friends with Novisedlak and served as a witness in the OPA’s investigation. In his statements to the OPA, he said his friend didn’t use racist slurs or abuse his female partners; instead, he claimed to have spoken to Novisedlak’s ex-girlfriend, who he alleged had set out to “ruin” his friend’s career.

After Best fired Novisedlak, he sought to appeal his case. His union, the Seattle Police Officers Guild, wasn’t willing to support his appeal by providing an attorney, which would have enabled Novisedlak to bring his case to a grievance arbitrator—a route favored by police unions because arbitrators support roughly half the appeals they hear. Instead, Novisedlak had to face the PSCSC, which turns down appeals more frequently.

Shortly before the commission began to hear Novisedlak’s appeal on January 19, Nark recused himself from the proceedings, leaving commission’s two newly appointed members to make a decision in the case. But his decision to recuse himself didn’t eliminate the opportunities for conflicts of interest that the city council sought to address in the police accountability ordinance; Nark also heard the appeals of his co-workers, including fellow SPOG members, for the past two decades.

Nark will also have input into the PSCSC’s potential rulings on out-of-order layoffs of SPD officers: a proposal promoted by several city council members last summer as a means to reduce the size of the police force without laying off the newest, most diverse class of SPD recruits. As Durkan and the council emphasized during last summer’s debates about police department staffing, any attempts to lay off senior officers—chosen either for their lengthy disciplinary records or their specialized training for a unit the council deems non-essential, like the mounted unit—need the PSCSC’s stamp of approval. SPOG strongly opposes out-of-order layoffs, giving Nark an important role as the guild’s voice in that decision.

On Monday, the clerk’s office released the new results. According to Janet Polata, an IT supervisor with the city clerk’s office who oversaw the vote, her office received a “significant number of timely-postmarked ballots” after the election officially ended on December 24; she attributed their late arrival to the mail delivery delays in December. When the clerk’s office tallied the votes, Nark remained the winner: His margin increased by 42 votes.

 

Police Accountability Is On the Agenda in the Upcoming Legislative Session

Washington State Capitol (Credit: Creative Commons)

By Paul Kiefer

On December 24, Washington State Reps. Debra Entenman (D-47) and Jesse Johnson (D-20) filed legislation that would set statewide restrictions on law enforcement tactics, including bans on chokeholds, tear gas and the use of unleashed police dogs for arrests. Less than a week later, state senators Manka Dhingra (D-45) and Jaime Pedersen (D-43) filed a related bill that would expand the jurisdiction of the state’s Criminal Justice Training Commission (CJTC), a group appointed by the governor that has the power to certify and decertify law enforcement officers—to give or revoke their license to work as a law enforcement officer in the state.

In the upcoming state legislative session, another half-dozen members of the house and senate Democratic caucuses plan to add their own bills to the pile of state-level reform proposals that, if passed, could dramatically reshape the role of the state government in law enforcement accountability.

Support PubliCola

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

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

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

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The Dhingra-Pedersen bill is the key to many of the proposed reforms. Under current state law, the CJTC has to wait until a law enforcement agency fires an officer before considering whether to decertify that officer, which allows officers facing misconduct charges to move to new jurisdictions before they can be fired. The proposed legislation would expand the commission’s powers, allowing it to decertify law enforcement officers at its own discretion, including officers who retire or resign in lieu of termination.

The bill would also require law enforcement agencies to report any serious use-of-force incidents to the commission, as well as any preliminary misconduct allegations or criminal charges of which their officers are found guilty. The commission would use that information to identify officers whose misconduct is bad enough to merit decertification.

“Tactical restrictions, a duty to intervene or report excessive force—those things become meaningful when you have a way to enforce a statewide standard.”—State Sen. Jamie Pedersen (D-43)

While the Washington Association of Sheriffs and Police Chiefs, the group representing the state’s law enforcement leadership, has not publicly opposed the expansion of the CJTC’s power, Pedersen told PubliCola that some in police leadership have argued that the proposal stifles their voice in police discipline. But Pedersen added that expanding the power of the CJTC might help break down some barriers to accountability posed by local police unions. “One of the big problems in the current system is that almost all policy enforcement happens on a local level, and therefore is subject to the collective bargaining process and the arbitration process,” he said. “But tactical restrictions, a duty to intervene or report excessive force—those things become meaningful when you have a way to enforce a statewide standard.”

The bill would also reduce those sheriffs’ and police chiefs’ roles in the CJTC itself, by increasing the number of commission seats reserved for community members from 2 to 5, while decreasing the number of seats reserved for law enforcement representatives from 10 to 6.

While some of the proposed restrictions, such as a ban on “hot pursuits” in police vehicles, could stir up resistance from SPD, the inclusion of a ban on tear gas could also place the department in a legal bind.

The police tactics legislation filed by Entenman and Johnson would create a new set of statewide standards that the CJTC could enforce. Three of the eight tactical and equipment restrictions included in the bill are already part of the Seattle Police Department’s manual—bans on neck restraints; firing at moving vehicles; and intentionally concealing a badge. But those policies have not spread to many other departments statewide, so the legislation would hold those departments to the same standards as SPD.

While some of the proposed restrictions, such as a ban on “hot pursuits” in police vehicles, could stir up resistance from SPD, the inclusion of a ban on tear gas could also place the department in a legal bind. In July, Judge James Robart, the federal district court judge who oversees police reform in Seattle for the Department of Justice in an arrangement called a consent decree, ruled that Seattle couldn’t forbid officers from using tear gas during protest response; if Entenman and Johnson’s bill is successful, Seattle could face a choice between following state law and following orders from a federal judge. Continue reading “Police Accountability Is On the Agenda in the Upcoming Legislative Session”

Anti-Development Group Dissolves, Green Lake Grinches Call for Sweeps, Impact of SPD Transfers Still Unknown, and More

No, I didn’t sign. Screenshot via change.org petition.

1. When Interim Seattle Police Chief Adrian Diaz announced in September that he would transfer 100 officers from the department’s specialized units to positions on patrol, Durkan spokesperson Kelsey Nyland told PubliCola that SPD would be “closely monitoring [case closure and workload] data for any potential negative impacts” of the transfers. At the time, the department didn’t specify when it would begin monitoring the effects of the staff transfers, which were completed on October 1.

According to SPD public affairs officer Valerie Carson, the department still hasn’t started tracking those effects. Instead, she told PubliCola, the department will start evaluating changes in specialized units’ workloads and case clearance rates in the new year. Carson said that the department chose not to start the assessments immediately after the transfers took effect to “ensure we are looking at true trends instead of spurious results from a few weeks of data.”

As PubliCola reported in September, the transfers did not shift officers away from the specialized units identified by the City Council for downsizing or elimination, which included the harbor patrol and the mounted unit. Instead, Diaz transferred officers from the department’s Community Policing Team, domestic violence unit, and intelligence unit. The transfers from the domestic violence unit—which effectively eliminated the team assigned to investigate elder abuse—sparked concerns within the King County Prosecutor’s Office and local domestic violence and elder abuse nonprofits, who argued that reducing the number of detectives investigating domestic and elder abuse could overwhelm the already-overworked specialized units and undermine the trust of survivors.

A random online petition demanding that the city uproot homeless people from a wealthy North End neighborhood might not be cause for concern, except that the last major sweep of a North End homeless encampment was preceded by a similar petition.

2. Happy new year—now get the hell out of “our” park.

That’s what a group of Green Lake grinches are saying to dozens of unsheltered people trying to survive the winter in tents around the popular park, via a petition demanding that the city “act now to protect people, parks, and our shared environment” by sweeping the area. The petition is sponsored by “We Heart Seattle” and several “save our parks”-type groups, as well as the Green Lake Community Council.

The petition language is a familiar combination of faux-environmentalist concern about feces contaminating the lake (described as one of “our most environmentally sensitive waterways”) and performative hand-wringing about the health and safety of the people sleeping in wretched conditions on its shores.

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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.

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Like previous petitions demanding sweeps, this one presents a clear moral choice: Allow people to live in (and ruin) a public park, or offer them access to the “thousands of clean, warm, and hygienic indoor spaces [that] are available in King County.” This is not actually an option. There are, certainly, more than a thousand shelter beds in Seattle, but all but a handful are currently occupied; they aren’t just sitting vacant, waiting for recalcitrant homeless people to agree to occupy them.

The document also asserts, fancifully, that there are “thousands” of properties in King County where it would be simple to set up new “tiny home villages, Pallet shelters, and sanctioned tent communities.” In reality, these options are expensive and can take months to site and open, thanks largely to neighborhood opposition from groups like the ones sponsoring the petition.

A random online petition demanding that the city uproot homeless people from a wealthy North End neighborhood might not be cause for concern, except that the last major sweep of a North End homeless encampment was preceded by a similar petition. (The more recent removal of tents from Cal Anderson Park on Capitol Hill was sui generis and hard to untangle from the park’s status as a long-term protest zone). In May, the city’s Navigation Team removed a large encampment from the Ballard Commons after neighborhood residents circulated a petition that allowing people to live in the park was inhumane and created an environmental hazard. Since then, the tents have returned, and nearby encampments have continued to grow.

The Seattle Coalition for Affordability, Livability, and Equity (SCALE), a group of single-family housing advocates that spent years fighting against modest density increases in and around Seattle’s densest neighborhoods, has disbanded.

3. One thing the “plenty of shelter” crowd may not realize, in addition to the negligible nightly vacancy rate, is that there are currently no low-barrier shelters in Seattle where adults can walk up, wait in line, and get a bed for the night. The last such shelter, a Salvation Army-run coed basic shelter at City Hall, closed late last year after being partly redistributed to Fisher Pavilion, at Seattle Center. Both the City Hall and Fisher shelters were replaced by a 24/7 enhanced shelter in SoDo, which requires pre-registration and is not currently taking referrals.

The city has no plans to reopen either location on a long-term basis—partly because shelter providers are stretched thin already, and partly because they want to keep both sites available in case they need to open emergency winter shelters. Except in unusually cold or snowy years (like the winter of 2017-2018, it’s rare for the city to provide people a place to go specifically to escape winter weather, by design: The city’s winter-shelter protocols, which haven’t been updated in nearly 20 years, call for opening emergency shelters only if the weather dips below 25 degrees for multiple nights, or if there is snow accumulation of more than an inch. Continue reading “Anti-Development Group Dissolves, Green Lake Grinches Call for Sweeps, Impact of SPD Transfers Still Unknown, and More”

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”