Category: Election 2017

Morning Crank: From Homeless Camp to Graffiti Fence

1. Back in February, the Seattle Department of Transportation put up a temporary chain-link fence around the Ballard Bridge underpass at Leary Way Northwest in an attempt to deter homeless people from trying to take shelter under the bridge. Several weeks later, the fence was replaced by a more permanent structure, topped with metal spikes and standing some ten feet tall. The city argued that the $100,000 fence was necessary because if homeless people were allowed to sleep under the bridge, they might set the bridge on fire, causing it to collapse. Whatever the city’s motivation, the fence also answered the wishes of many neighborhood activists who took umbrage at having to look at homeless people through their car windows on their way home from work.

Now, they get to look at this:

And this:

And this:

About half the fencing is currently covered with graffiti, a problem made possible, in part, by the wall-like semipermanent fencing the city chose to enclose the area under the bridge. Asked when or whether the city plans to clean up the graffiti, SDOT spokeswoman Mafara Hobson said SDOT’s first priority is maintaining the safety of the bridge; in a followup, she said graffiti removal is the responsibility of Seattle Public Utilities, which plans to clean up the graffiti four times a year, at a cost of about $1,900 per cleanup. Given that the fences appear to be an appealing target for taggers, I asked Hobson if the city might step up its efforts to keep the fence tag-free; I’ll update this post if I get more information.

2. The Rental Housing Association of Washington—a group that advocates on behalf of landlords—filed a lawsuit today challenging the city’s “fair chance housing” law, which says that landlords can’t ask about potential tenants’ criminal history when deciding whether to rent to them. The lawsuit is one of several RHA has filed against the city in recent months; the group has also challenged laws capping the amount of move-in fees landlords can require tenants to pay and the so-called first-in-time law, which requires landlords to rent to the first qualified candidate. (A King County Superior Court judge  agreed with RHA, ruling in March that the first-in-time law violated landlords’ property rights). In its complaint, the group argues that the law infringes on landlords’ “constitutionally protected right to choose whom they will house and work within these often lengthy and interpersonal landlord-tenant relationships. The inability to access valuable information about potential tenants increases various risks faced by plaintiffs when renting their property.”

At a press conference Tuesday morning, RHA president William Shadbolt argued that the city’s tenant protection ordinances make the housing affordability crisis worse. “Making criminals a protected class and other ordinances like it makes the city council directly responsible for increasing people’s rent,” he said. Shadbolt suggested that the city should instead adopt a law that would give renters with criminal records (of any kind) the option of going before an “impartial panel” to get a “restoration of opportunity” certificate that could allow them to rent from some “willing small landlord[s].”  Several landlords said they had drastically increased their screening criteria—requiring higher income or credit scores, for example—in an attempt to prevent “the criminals” from qualifying to rent from them.

In reality, criminal background checks allow landlords to screen out people who have merely been arrested or accused, but found not guilty, of committing a crime—one reason that criminal background checks disproportionately impact people of color, who are far more likely to be targeted, detained, and charged for crimes they did not commit. (Overall, roughly one in three Seattle residents has some kind of criminal history). On the other end of the spectrum, people who do commit crimes and serve their time have a much easier time reintegrating into their communities if they have stable housing.  And of course, people with stable housing are much less likely to commit crimes that stem from poverty, isolation, lack of services, and economic desperation.

City council member Lisa Herbold, who sponsored the fair-chance legislation, says, “One of the fundamental tenets of our justice system is that only a court of law can punish someone accused of a crime.  Blocking people from accessing stable housing based upon their criminal background violates this fundamental tenet of our justice system and is inconsistent with the rule of law.” Herbold also disputes the idea that renting to people with criminal backgrounds puts landlords and tenants without criminal history at rick. “Blocking people from accessing stable housing is a recipe for recidivism and less safety for our communities,” she says. “With housing, a person is seven times less likely to reenter the criminal justice system.  I would expect anyone in favor of a safer Seattle to support this law.”

3. A report by BERK Consulting on Seattle’s “democracy voucher” program, which provides four $25 vouchers to every Seattle resident to contribute to the local candidates of their choice, concludes that while more people contributed to candidates in last year’s elections compared to previous years, the people who used democracy vouchers skewed whiter, wealthier, and older than the city as a whole. The report also found that while more candidates decided to run last year, only a handful managed to qualify for vouchers, and made recommendations for improving the system and increasing access to vouchers in the future.
A few highlights of the 51-page report:
• Democracy vouchers did little to prevent “big money” from dominating Seattle politics, as total spending in city council campaigns increased 60 percent between 2015 and 2017, as candidates asked to be released from campaign spending limits when their opponents’ spending, plus spending by outside groups on their behalf, exceeded the limits set by the legislation that established the voucher program. Independent expenditures, which the city does not have the authority to limit, jumped 55 percent over the same two-year period, leading the consultants to conclude that “the role of big money in Seattle elections persists.”
• Because candidates can be released from spending limits if their opponent’s total contributions (including both direct contributions and independent expenditures) exceeded those limits, the report found, the program may unfairly penalize candidates who have no say over whether an outside group does an independent expenditure on their behalf. Conversely, the trigger for releasing campaigns from spending limits might create a perverse incentive for candidates to encourage or solicit small IEs against their opponents in order to boost their combined campaign spending above the threshold and triggering a release from spending limits. “
• For candidates, the biggest barrier to participating in the democracy voucher program was the difficulty of getting signatures and contributions of at least $10 from 400 registered voters and verifying their information with the city, with the result that “most candidates did not receive any public funding, or qualified to receive public funding too late in the election cycle to make a difference.” To fix that problem in the future (and, presumably, to help prevent democracy voucher fraud in future elections), the consultants recommend “significantly streamlining the verification process – particularly when it comes to qualifying contributions,” by allowing people to verify their identities electronically when they make their contributions.
BERK will present its report to the Ethics and Elections Commission on the 40th floor of the Seattle Municipal Tower today at 4.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: The “Unique Problem” That Separates Us from Salt Lake City and Houston

1. A line of people and pets snaked along the eastern perimeter of CenturyLink Field yesterday morning as the United Way’s annual Community Resource Exchange, an annual event where volunteers and service providers offer resources, food, dental care, and other services to people experiencing homelessness. Upstairs, in the stadium’s event center, a decidedly more well-heeled crowd gathered for an event called the Changemakers Rally—a series of short speeches, actually, followed by a panel discussion with leaders from Amazon, Starbucks, and Zillow, along with All Home, the Chief Seattle Club, and United Way. The highlight of the odd event wasn’t the anodyne address by Mayor Jenny Durkan, who skirted substance in her speech and during the brief Q&A with remarks like, “We need to commit over time to make this change in people’s lives for every day of their lives” and “We know what works, we just need to do it and have the collective will to do it.” Nor was it an awkward onstage back-and-forth between United Way board chair Kathy Surace-Smith and Justin Butler, a formerly homeless Metropolitan Improvement District Ambassador who moved here from Phoenix and couldn’t be prodded to say much more about the Community Resource Exchange beyond, “Well, it got me a job.”

No, the highlight was when Starbucks VP John Kelly took the mic and used his time to blast the Seattle City Council for considering an employee hours tax to fund investments in homelessness at a cost of up to $75 million a year, a proposal he called an example of the way “our government keeps on targeting [businesses] as a  source of funds rather than innovators and problem solvers.” Starbucks has focused its homelessness spending on family homelessness, as has Ohio homelessness consultant Barb Poppe, whose famous/infamous “Poppe Report” is the blueprint for Seattle’s Pathways Home initiative. Kelly highlighted that report, which calls on the city to move funding away from service-rich transitional housing toward “rapid rehousing” with short-term vouchers to help people rent apartments on the private market. “We know the decisions, we’ve got the Poppe Report with all the solutions, the blueprint is there—we just need to act on reform,” Kelly said. “Barbara Poppe has worked with Salt Lake City and Houston and seen demonstrable progress.”

The “unique problem” that differentiates  Seattle from those two cities, Kelly continued, is that only Seattle has a large number of families living on the streets and in cars. The other difference, of course, is that Seattle apartments cost about twice as much as apartments in either of those cities, thanks in no small part to a housing shortage that is also unlike anything Houston or Salt Lake City is experiencing.

2. A curious addendum to the saga of former mayor Ed Murray, who resigned last year amid accusations that he had sexually abused several minors in the past: Last April, as the scandal was breaking, Murray filed a financial disclosure report showing that he owned just one property—his Seattle house on Capitol Hill, valued at $876,000. (I came across Murray’s financial documents while I was looking into an item related to current Mayor Jenny Durkan’s own investments). That was odd, because a previous financial disclosure report, from 2016, showed that he owned another house—a three-bedroom, two-bath vacation home in the coastal community of Seabrook, which Murray and his husband Michael Shiosaki bought in November 2015 for $470,000.

Murray amended the report to include his second home six weeks after filing the initial report without it. However, those six weeks—from April 14, when he filed the initial report, to May 31, when he corrected it—were critical ones. During April and May, while the press was all over the story, Murray repeatedly pleaded poverty—claiming, for example, that he needed a special dispensation from the Seattle Ethics and Elections Commission allowing him to raise money from supporters for his own legal defense because as “a lifelong public servant, [he] does not have the personal resources needed to fund his own legal defense.” Murray also told Q13 Fox that he had “no assets.” Referring to his house in Seattle, he said,  “Michael owns the house.” In fact, both Shiosaki and Murray, who are married, are listed as the owners of both houses.

The mis-filed report could have been a simple oversight, and the addition of the house didn’t change Murray’s total assets, which he listed in 2017 as $1.8 million. Murray and Shiosaki still own the Seabrook house, which can be rented for between $148 and $335, depending on the season. One other bit of historical trivia: In 2013, when he was still a state senator, Murray earmarked $437,000 in the state budget for a new bike and pedestrian connection between Pacific Beach and Seabrook—at the time a brand-new planned community—at the request of a longtime friend who owned a house there. Not long afterward, the friend maxed out to Murray’s first campaign. And about two years after that, Murray himself bought a vacation house in the town.

3. After the Seattle Times reported last week that, according to King County Metro, the downtown Seattle streetcar will cost 50 percent more to operate than the Seattle Department of Transportation previously claimed, Mayor Durkan requested an independent review of the $177 million megaproject, which is already under construction. On Tuesday, city budget director Ben Noble told the council’s transportation committee that the mayor’s office is concerned about “whether we have accurate information about the operating costs and… potentially the capital costs as well.” That prompted council member Lisa Herbold, a longtime opponent of the streetcar, to suggest “pressing pause” on the project until the city could get a handle on how much it will cost to operate and build (and how the city will pay for any overruns). Goran Sparrman, SDOT’s interim director, suggested that putting the project on ice, even temporarily, could put federal funds at risk and lead to higher costs in the future, since the cost of labor and materials tends to escalate while projects are idle.

Fans of the downtown streetcar, which will link the South Lake Union and First Hill streetcars, will conclude from today’s discussion that it makes sense to keep plowing ahead with the project; even if the thing is over budget, the costs will only get worse if we wait. Detractors, meanwhile, will see that argument as an example of the sunk-cost fallacy—the idea that because the city has already invested so much in the project, the only option is to keep building, when in fact, there’s something to be said for quitting while you’re ahead.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: The Motion Did Not Include a Plan B

1. Embattled King County Democrats chair Bailey Stober, who has refused to step down after an internal investigation concluded he sexually harassed and bullied his sole employee, Natalia Koss Vallejo, before firing her last month, has called a special meeting of the group’s executive board for March 19 to discuss what to do now that efforts to recruit a five-person panel to do a new investigation into Stober’s conduct as chair have failed. Stober is also accused of misappropriating the organization’s funds; among other things, he reportedly spent $14,000 more on campaign contributions than was allocated in last year’s budget.

At a meeting late last month, the King County Democrats’ executive board decided that an initial investigation by the group’s three vice-chairs was inadequate, and decided to let Stober himself appoint two of the members of a five-member panel to investigate the charges against him. The board also decided to expand the investigation to include an investigation of the original investigation, as well as an investigation into who “leaked” information about the complaints to the media, including me. Two of the five members would be appointed by the group’s vice chairs, and the fifth would be approved jointly by Stober and the vice-chairs, giving Stober himself effective control over the makeup of half the group investigating him for workplace misconduct.

Over the course of the investigation, two of the group’s three vice chairs have resigned, and the third, Orchideh Raisdanai, has apparently been unable to find anyone who will serve on the panel. Several potential members reportedly declined because they did not want to lend credibility to the process.

In an email to the executive board, Stober quoted from a note sent by the King County Democrats’ Democratic National Committee representative David McDonald—a Stober ally who oversaw the closed-door executive board meeting that led to the decision to form a new five-member panel—outlining the purpose of the meeting. (Stober and one of his allies, state committeeman Jon Culver, have begun monitoring and controlling the flow of emails to and from the general executive board address, according to group members who have tried to email the board, so that board members don’t see every email sent to their address and outgoing messages are reportedly monitored and approved by Stober or Culver.) “The motion adopted at the February 27 meeting did not specify a plan B in the event that the requested Committee could not be constituted in the time frame specified,” McDonald wrote. “Accordingly, the Chair was requested to call a special meeting of the Executive Board for the purpose of adopting a plan B procedure or taking other appropriate action in light of the events.” What that “Plan B procedure” will be remains unclear.

Tim Farrell, who chairs the Pierce County Democrats, will oversee the meeting. Last year, the Pierce County Democrats were fined $22,600 for breaking campaign-finance laws by repeatedly failing to properly report donations and spending over the course of three years. The King County Democrats are currently negotiating their own fine over similar charges, and Stober is now the subject of two new, separate complaints charging that he and other party officers concealed the group’s dire financial situation from the public, failed to report pledges and expenditures, and failed to file other reports properly and promptly.

On Wednesday, members of the 34th District Democrats who want Stober to step down will propose a resolution calling on Stober to resign. Several other Democratic groups across King County, including the 43rd, 11th, 45th, and 36th Legislative District Dems, have passed or are considering resolutions withholding funds from the King County Democrats until Stober steps down, but the 34th has not yet done so. The group is chaired by David Ginsberg, a stalwart Stober supporter who told the Seattle Times that he didn’t believe Stober had harassed Koss Vallejo because they had socialized and seemed “chummy” before Stober fired her.  Meanwhile, another group that has been silent so far is the 37th District Democrats; their chair, Alec Stephens, evocatively compared the investigation into Stober to a lynching at last month’s meeting.

An open letter calling on Stober to resign now has nearly 200 signatures from Democratic leaders, precinct committee officers, and elected officials.

2. The Seattle Ethics and Elections commission will release its first postelection report on the Democracy Voucher program today, featuring information about which voters took advantage of the opportunity to allocate public funds to which candidates, and how; how much money the program cost; and how (and when) Seattle residents spent their vouchers.

Some highlights from the SEEC’s report:

• Not surprisingly, most people allocated their vouchers—a total of $100 per registered voter, divided into four $25 increments—just before the primary and/or general elections. In July, prior to the August 1, 2017 primary election, the city received 11,548  vouchers; in October, leading up to the November 7 general election, voters returned 14,288 vouchers to the city. However, quite a few vouchers were returned well before the May 19 deadline for candidates to declare they were running—11,530 vouchers came in between January, when vouchers landed in mailboxes, and April, suggesting that candidates who filed early (like unsuccessful Position 8 candidate Jon Grant) had some success locking down voucher contributions before other candidates had a chance to get in their races. Voters returned a total of just over 72,000 vouchers in all.

• About one in five vouchers came in to the city directly from the campaigns, which solicited voucher contributions from voters; the rest came in through the mail (78 percent) or were emailed or delivered to the ethics board by hand.

• The overwhelming majority—76 percent—of people who returned their vouchers to the city gave them to just one candidate, rather than distributing the four $25 vouchers to different candidates.

• The requirement that candidates secure at least 400 signatures and 400 contributions of $10 or more appears to have been a significant barrier to voucher program participation. Only six candidates ultimately qualified for public funding with vouchers, and one, Hisam Goeuli, has pointed out that it took him so long to collect the required signatures—27 weeks—that by the time he had access to voucher funding, it was too late in the campaign for him to benefit from it. However, the other five candidates who qualified all appeared on the general election ballot, most of them after making it through the August primary.

• In 2017, the voucher program came in about $787,000 under its $3 million budget; under the initiative that authorized the program, unused funds are reserved for spending in future years.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: Parking Reform, Density Delay Tactics, Election Funding, and More

A look back at some of the meetings I didn’t get around to covering last week:

1. Last week, as the city council’s Planning, Land Use, and Zoning committee began to discuss legislation that would overhaul parking requirements for new development around the city, council member Lisa Herbold argued that the city should do a more extensive study of parking demand before adopting parking reforms that could result in developments with less parking per unit. A 2012 King County survey of 95 existing buildings Seattle concluded that about 35 percent of parking spaces sit vacant at night, but Herbold wondered why the city hadn’t done a more recent survey, in the years since the council eliminated parking minimums in the densest urban areas. “If we’re going to be changing policies based on our perception of our success. I think it ‘s just helpful to have data about unused parking in buildings where we’ve been doing this for a while,” Herbold said. A council staffer countered that doing so would require the city to seek permission from landlords to get inside their garages in the middle of the night, and suggested that the data probably wouldn’t be much different than it was five years ago. According to the Seattle Department of Construction and Inspections (SDCI), the average apartment has 0.72 parking spaces, and the average demand for parking ranges from 0.3 to 0.8 parking spaces per unit.

Herbold also questioned the city’s conclusion that between 40 and 48 percent of Seattle renters do not own cars, citing a statistic showing that 77 percent of people living in multifamily units own cars, until a city staffer pointed out that that data was regionwide. And, in a letter to SDCI director Nathan Torgelson that was included in last week’s committee materials, she questioned whether rents would actually go down if parking was “unbundled” from rent, meaning that renters without cars could not be forced to pay for parking spaces they will never use, and suggested that “most parking is unbundled,” a conclusion Torgelson said wasn’t accurate. “[D]ata from 2017 indicate that in the region about 50% of apartment buildings… have parking bundled into the costs of rents,” Torgelson wrote—a number that is higher in the southern half of the city, an area that  includes Herbold’s West Seattle district.

The legislation would also change the definition of “frequent transit service” (one measure that determines where apartments may be built without parking) to an average frequency taken by measuring actual arrival times over an hour and ten minutes. Currently, if a bus is supposed to arrive every 15 minutes but it arrives one minute late once an hour, it doesn’t count as “frequent” enough to reduce or eliminate parking requirements; the new measure would average actual arrivals over time, to account for the fact that buses, like cars, sometimes get stuck in traffic.

The PLUZ committee will hold a public hearing on the parking reform proposals on February 21.

2. Reducing parking requirements for new buildings is one key element of the Housing Affordability and Livability Agenda, a plan to add housing, including affordable housing, across the city. Another cornerstone of HALA is a new requirement called Mandatory Housing Affordability, which requires developers of multifamily housing to include units affordable for people making less than 60 percent of the Seattle-area median income, or to pay into a fund to build affordable units elsewhere. A group calling itself SCALE (the Seattle Coalition for Affordability, Livability, and Equity) has sued to force the city into a longer, more drawn-out environmental review process to assess the impact of MHA, and a representative from the group, longtime Lake City neighborhood activist Sarajane Siegfriedt, gave a progress report to the Phinney Ridge Community Council last Tuesday.

Never has a room full of white North Seattle homeowners (most of them over 50, which I point out not to be ageist but as a sign of who generally has time to get super involved in neighborhood activism) acted so concerned about the fate of “large immigrant and refugee families” who would, Siegfriedt said, soon be unable to find houses for rent in Beacon Hill, Othello, and Rainier Beach if MHA went forward. “These are the only places where large immigrant families can rent,” Siegfriedt said, “so when we start talking about people living in single-family homes being exclusionary, well, that’s not true on the face of it. In fact, it’s a refuge.”

SCALE’s big objection to HALA is that it proposes allowing developers to build low-density multifamily housing in 6 percent of the nearly two-thirds of Seattle that is currently zoned exclusively for single-family housing. These upzones, which are confined to areas immediately adjacent to already dense urban villages and centers, will help accommodate some of the 120,000 people expected to move to Seattle by 2035. Siegfriedt said that by forcing the city to do individual environmental assessments for every single neighborhood that would be impacted by MHA, SCALE hopes to “delay [MHA] a year or more—and I hope we could get neighborhood planning back on the table.”

3. On Friday, the council’s finance and neighborhoods committee dug into the details of Mayor Jenny Durkan’s proposal to spend $2 million on rental vouchers for certain people at risk for becoming homeless. The program targets a subsection of people on the waiting list for Seattle Housing Authority Section 8 vouchers—federally funded housing vouchers that people can use to rent housing on the private market, as long as that housing is below the fair market rent set by HUD, currently around $1,200 for a one-bedroom apartment. The $2 million is part of $11 million the city expects to see from the sale of a piece of land in South Lake Union that currently houses the city’s radio-communications repair shop; the rest of the proceeds (which also include an early payment  into the aforementioned MHA affordable-housing fund, for a total of $13 million) will pay to design a new fire station in South Lake Union, relocate the communications shop, and for “bridge housing” in the form of tiny houses and a seventh authorized encampment, this one for chronically homeless women.

To qualify for a temporary city voucher, a person must be on the SHA waiting list, currently housed but at risk of becoming homeless, and at or below 50 percent of area median income.

To give a sense of how many people who need housing and will actually be eligible for Durkan’s Bridge to Housing funding over the two years the pilot will be underway, consider: 22,000 people entered the lottery to get on SHA’s 2017 waiting list. Of those 22,000, just 3,500 won slots on the waiting list to get a voucher sometime in the next two or three years, or fewer than 16 percent. According to the city, about 15 percent of people on the 2015 waiting list were housed when they got on the list but became homeless. Using that figure, I extrapolated that (very roughly) 525 people on the current list are housed but at risk of becoming homeless. Extrapolating further, the average assistance for a person on this list works out to $158 a month over the two years of the pilot program. I’m sure there are factors I’m not accounting for—don’t @ me—but that’s a pretty paltry sum in a city where the average one-bedroom apartment now costs around $1,800.

4. It will be another month or so before the Seattle Ethics and Elections Commission releases its first-year report on Initiative 122, the voter-approved measure that imposed new campaign contribution restrictions and authorized public campaign financing through “democracy vouchers” sent to every registered voter, but two of the unsuccessful candidates for city council Position 8 (won by Teresa Mosqueda) showed up at the commission’s meeting last Friday to offer their own takes on what worked, and didn’t, about the program. Jon Grant, who received the maximum possible amount of $300,000 in public funding for his race against Mosqueda, praised the program, calling it “an outstanding success—and you know I’m telling the truth because I’m the guy who lost.”

But Hisam Goueli, another “guy who lost” in the same race—he failed to make it through the primary—said if he ever ran again, he wouldn’t participate in the program. Goueli said he spent “several hours every day begging people to complete the process,” which required candidates to receive and have King County Elections validate at least 400 signatures, along with 400 contributions of at least $10, from registered voters, before they were eligible for public funding. Goueli said he was finally cleared to use democracy vouchers the day before the election—too late to do a mailing or a last-minute ad push. Because he had opted to participate in the democracy voucher program, Goueli was subject to smaller contribution limits—$250, as opposed to $500—than candidates who didn’t participate, but he never saw any of the benefits.

And “those people who had the most money in democracy vouchers”—Grant and Mosqueda—”still won the primary,” Goueli said. “The program is a cumbersome process, and even if you do it, it doesn’t limit big money” in the form of independent expenditures, which the city does not have the authority to restrict. Mosqueda, who was the political director at the Washington State Labor Council before joining the city council, benefited from about $200,000 in outside spending by unions.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

Meet Seattle’s Reformer-in-Chief, Lisa Daugaard

This story first ran in the print and online editions of Seattle Magazine.

Image credit: Hayley Young, Seattle Magazine

It’s a little before 10 a.m. in the courtroom of King County Superior Court Judge Veronica Alicea-Galván, and the crowd is getting restless. Dozens of spectators, many wearing red scarves to indicate their opposition to supervised drug consumption sites, are murmuring quietly, waiting for Alicea-Galván to emerge from her chambers. Advocates say the sites—safe spaces for people to consume illegal drugs and access medical care and treatment—will save lives and put drug users on the road to recovery; opponents say they will enable drug users and lead to crime.

What’s at stake today is a ruling on an initiative, filed by Bothell City Council member Joshua Freed, that would preemptively ban the controversial sites throughout King County.

Suddenly, Lisa Daugaard, the 5-foot-2, 51-year-old director of the nonprofit Public Defender Association (PDA), which advocates for criminal justice and drug policy reform, bounds from her seat in the second row and makes a beeline for Freed, who is sitting at the defendants’ table. Before Freed can process what’s happening, Daugaard is pumping his hand, politely forcing the antidrug activist (he once told KVI-AM’s Dori Monson that safe consumption sites would make Seattle a magnet for the nation’s heroin users) into a bit of friendly courtroom small talk.

Daugaard’s friendliness is strategic. “I always go talk to the opposite side,” she says, laughing. “It’s a way of saying, ‘I’m not afraid of you. I get where you’re coming from.’”

For Daugaard, who has spent decades waging legal battles on behalf of people with few advocates in the criminal justice system, maintaining an open dialogue with the “opposite side” is a key part of the formula that has helped her win some of the most significant political and legal victories for civil rights in Seattle of the past 20 years.

The era isn’t long past when Seattle police officers set up “buy-and-bust” operations (undercover stings in which an officer buys drugs from a suspect, then arrests him) to put addicts behind bars, arrested people for sitting on the sidewalk and seized people’s cars for failing to pay their parking tickets. Today, that kind of draconian enforcement is unheard-of, and Daugaard is a big part of the reason why.

As Seattle has shifted leftward (from a place where people were arrested for smoking weed in parks to one where the big drug debate is about safe consumption sites), Daugaard’s focus has shifted, too. Instead of fighting on behalf of individuals against overreaching police, she’s advocating for policies that “advance the common interests of people who have suffered a lot of harm as a consequence of traditional policing,” such as progressive drug policy reform, and fighting against homeless encampment sweeps and for increased civilian involvement in how the Seattle Police Department conducts its business.

Daugaard cut her teeth as an activist during the South African apartheid era, when she was a grad student at Cornell. She found defending activists arrested and expelled during the anti-apartheid movement more interesting—and transformative—than writing her thesis on the criminalization of homelessness, and she decided to go to law school to pursue “a career trajectory where [activism] was the work rather than a distraction from the work.”

She has been at the center of many of the key civil rights battles of the past two decades, starting in the early 2000s, when thousands of low-income Seattleites lost their cars due to an initiative called “Operation Impound.” Daugaard, then a founding attorney of the PDA’s Racial Disparity Project, which worked to promote police accountability and reduce racially biased policing, says it took her a while to connect the dots between the thousands of seemingly routine license suspensions and the impoundment cases she came across through her work. The cases seemed unrelated—a litany of individual injustices.

“I knew the relationship between race, poverty and the justice system, but before I worked in public defense, I hadn’t realized the systematic way in which people of color were being deprived, as a generation, of the ability to drive,” Daugaard says. Over time, however, Daugaard started to see a pattern: Poor people, overwhelmingly people of color, were losing their licenses over moving and equipment violations or unpaid parking tickets, then losing their cars under a city law that allowed the city to seize the car of anyone caught driving it whose license had been suspended. This fed a cycle of poverty, as people who couldn’t afford to pay their tickets lost their cars, and then, with no way to get to work, their jobs.

 

“She’s an organizer, an analyst, an advocate, a strategist, an academic, an orator, a social worker and a spin doctor. You don’t come across that very often.”—Seattle City Council member Lisa Herbold

 

Supporters of Operation Impound presented the issue as a simple question of personal responsibility, but Daugaard, along with a community group called Drive to Survive, reframed the impoundment law as an assault on the rights of low-income people and people of color. They packed public meetings with people who had lost their cars, putting a human face on what had been a fairly obscure administrative issue. And they won. By the early 2000s, Operation Impound was a thing of the past.

This kind of no-holds-barred, uncompromising activism earned Daugaard accolades from unlikely corners. “Nobody I’ve met in my professional career can negotiate as effectively, and has the stamina and persistence that Lisa has,” says Scott Lindsay, a former candidate for city attorney who worked as a criminal justice adviser to former Mayor Ed Murray. City Council member Lisa Herbold, who worked with Daugaard on numerous issues when she was an aide to former council member Nick Licata, describes her as the full package. “She’s an organizer, an analyst, an advocate, a strategist, an academic, an orator, a social worker and a spin doctor. You don’t come across that very often,” Herbold says.

Daugaard’s status as a child prodigy—she started classes at the University of Washington at age 12, leaving at age 17 to study at Cornell and earn a law degree at Yale—is one of the first things people mention when talking about her. But her longtime employee and close friend Patricia Sully, who works at the PDA running a drug policy group called VOCAL (Voices of Community Activists and Leaders), argues that it’s the least interesting thing about her. The two met shortly after Sully graduated from law school, when they were both working with legal teams defending clients arrested during the Occupy Seattle protests. What’s most unusual about Daugaard, Sully says, is her ability to relate to a wide variety of people. “There’s no one I’ve met who is as comfortable being in a board room and talking to people in suits, and walking straight from that board room into an encampment and having a totally authentic relationship to the people in that encampment.”

Daugaard hasn’t always been so comfortable working both sides of the fence. In her early days as a public defender, some issues just seemed black and white—you either supported taking away people’s cars because they were poor or you didn’t.

But in 2005, when the PDA was fighting the police department over buy-and-busts, an SPD precinct commander challenged Daugaard to come up with a better plan, and she realized she didn’t have one. “That was a wake-up call for me,” she says. Instead of fighting the cops, she realized she needed to work with them; and instead of dismissing neighborhood concerns about public safety, she needed to find a solution that addressed those concerns.

That epiphany led to the development of a program that has become a model for criminal-justice reform around the nation. Law Enforcement Assisted Diversion (LEAD), which began as a grant-funded pilot project in Belltown and has expanded throughout downtown and to the Chinatown/International District and the East Precinct area (Capitol Hill, the Central District and Little Saigon), gave beat cops the opportunity to offer people engaged in drug activity an alternative to arrest.

“Ten years ago, she might have thought [prosecutors] were the enemy, and now we’re important partners. She’s a formidable adversary, but she’s an even better friend.” —King County Prosecutor Dan Satterberg

 

Instead of cycling through jail again and again, those people can enroll in LEAD, where they are connected to mental health and drug counseling, housing assistance, and education and job opportunities, among other services. Crucially, LEAD doesn’t require that participants stop engaging in whatever criminal behavior made them eligible for the program; instead, it gives people stuck in the cycle of addiction opportunities to access a better life, while recognizing that transformation doesn’t happen overnight. The program has been shown to reduce recidivism by as much as 60 percent. It’s also made arrests for minor drug possession essentially a thing of the past. “It’s a genuine paradigm shift,” Daugaard says.

King County Prosecutor Dan Satterberg, initially a LEAD skeptic, says Daugaard didn’t just convince him to give her long-shot proposal a try; she changed his mind about how the criminal justice system should respond to drug-related offenses. “She’s taught me a lot about harm reduction and how a community-based response can be a lot more effective than just dragging someone into the courtroom, where we don’t have the tools to change people who are in a drug-dependent state,” Satterberg says. “Ten years ago, she might have thought [prosecutors] were the enemy, and now we’re important partners. She’s a formidable adversary, but she’s an even better friend.”

Today, Daugaard believes that the way to reach consensus on contentious issues is to identify the 90 percent of the issue on which both sides agree—the “goals and values” that underlie the two sides’ common search for a solution. As for the 10 percent where there’s fundamental disagreement? Set that aside, Daugaard says, and “by the time you’re done, the 10 percent has been transformed. That’s the formula, and it always works.”

It certainly worked with LEAD. Since the program launched in 2011, the question for the city hasn’t been whether to expand the program outside central Seattle, but which neighborhood will get it first.

Daugaard believes her 90 percent approach will work with safe drug consumption sites, too. The common ground is a shared desire to do something about the opioid epidemic; the experiment will be a single safe consumption site in a neighborhood that supports it; and the measure of success will be how quickly other parts of the city and region start clamoring for safe consumption sites of their own.

Sully says working for Daugaard has changed her attitude toward political adversaries. “People have legitimate concerns, and we need to actually grapple with that,” Sully says.

But Daugaard’s willingness to compromise has its limits, and it has caused friction with some allies.

As co-chair (from 2013‒2016) and now a commissioner of the Community Police Commission (CPC)—the civilian group charged with overseeing the implementation of police reform in Seattle—Daugaard says she saw the city make good strides toward police accountability. However, she has clashed with city attorney Pete Holmes over the role of the CPC and how much power it should have over the police department. Holmes, Daugaard says, “inexplicably chose not to work in support of the approach to the police reform process that community leaders wanted to take.”

The police-accountability issue helped drive a wedge between the longtime allies, so much so that during last November’s election, Daugaard endorsed Holmes’ opponent, Scott Lindsay (Holmes was reelected). While Holmes is quick to acknowledge Daugaard’s success in pushing through reforms like LEAD, he takes issue with what he calls a “take-no-prisoners approach” once she’s decided how things should go.

“If you’re not completely on board with every element of her program, then you’re the enemy,” he says. As for her endorsement of his opponent, Holmes says: “People are going to have to think that if you’re going to work with Lisa, remember that she may turn on you, even if it’s a good-faith disagreement.”

Daugaard says her dispute with Holmes wasn’t personal, and she doesn’t regret her endorsement. “I did so for specific reasons based on how the last four years actually went,” she says bluntly. Despite Holmes’ dark assessment of the way she does business, Daugaard does not think the relationship is beyond repair. “I have told him I’m glad to work with him during his new term,” she says. “Hopefully, he will prove I was wrong.”

Morning Crank: All the Gee-Whiz Enthusiasm In the World

1. Yesterday, I broke the news that former Position 8 City Council candidate Sheley Secrest, who lost in last year’s primary election to Jon Grant and Teresa Mosqueda (Mosqueda ultimately won), is being charged with one count of theft and one count of false reporting over allegations that she illegally used her own money in an effort to qualify for up to $150,000 in public campaign dollars last year. To qualify for public campaign financing through democracy vouchers, which enabled every Seattle voter to contribute up to $100 last year to the council or city attorney candidate or candidates of their choice, a candidate had to get 400 signatures from registered Seattle voters along with 400 contributions of at least $10 each. Secrest denied the allegations to the Seattle Times earlier this year, before the charges were filed. She has not responded to my request for comment on the charges against her.

As I mentioned in my post, the former campaign staffer who first brought the allegations against Secrest to the attention of Seattle police, Patrick Burke is also saying she failed to pay him more than $3,300 for work he did as her campaign manager. (The Seattle Ethics and Elections Commission reports that the Secrest campaign paid Burke just over $1,300 and owes him $1,675, but says he was also promised 11.8 percent in bonus pay based on how many signatures and contributions he brought in.) Yesterday, Burke says, he had a hearing in a small-claims court case against Secrest, but says he and Secrest were unable to reach a deal through mediation, so the case will be heard before a judge next month.

Burke says he is now living at a Salvation Army homeless shelter. He says that by the time he left the campaign, his phone had been cut off and he couldn’t afford to pay for bus fare, so he was doing most of his work from a room he rented in Shoreline. He says Secrest told him repeatedly that if he could just hang on until she qualified for democracy vouchers, she would pay him everything she owed him. (Burke provided copies of what he says are text messages between himself and Secrest that support this.) “[Secrest] said, ‘If you can stick with this until we get the democracy vouchers, it will be worth your while,’” Burke says, “and I said, ‘If that’s what we need to do, let’s just push it and get done, but you have to understand that I can’t be at all the events that you need me to be at.” One point of contention, Burke says, involved $40 Secrest paid another person to design a flyer advertising a fundraiser at Molly Moon’s Ice Cream (Molly Moon’s owner, Molly Moon Neitzl, donated $250 to Secrest’s campaign.)

Secrest ended her campaign nearly $4,200 in the red. When a campaign ends up in debt after an election, it is generally up to the candidate to pay her vendors and employees, who have the right to pursue the former candidate in court if she fails to do so. In 2011, city council candidate Bobby Forch, who ran unsuccessfully against former council member Jean Godden, ended his campaign with $61,000 in debt, most of it—more than $48,000—to his former campaign consultant John Wyble. Wyble and Forch worked out a payment plan. If a campaign does not work out a way to pay its vendors, after 90 days, the amount they are owed turns into a contribution. For example, the $1,675 the Ethics and Elections Commission says Secrest owes Burke would become a $1,675 contribution, and since that amount is over the $250 individual contribution limit, the commission could launch an investigation into the campaign. However, the most the commission could do is fine Secrest—a solution that wouldn’t help ex-employees who are owed money like Burke. And Secrest is potentially in much more trouble now, anyway.

Secrest, for her part, says Burke “has been paid for all services performed before the date of his termination,” adding, “Washington is an at-will employment state, meaning an employer does not need cause to fire an employee.  In this matter, we repeatedly informed Patrick that we could not afford to keep him on staff. We clearly told him to stop working for pay, and we repeatedly told him that we will reach out once funds were available.” She sent her own screenshot of what she says is a text message exchange between her and Burke, in which she apologized that “we didn’t get fundraising in or qualified to pay you. You are a rockstar. As soon as I can pay staff I’ll reach out.”

3. Legislation currently moving through the state House, sponsored by Rep. Jake Fey (D-27), would broaden and extend the current sales tax exemption on electric vehicles, which was set to expire this year, until 2021 and would require all revenues that the state will lose because of the exemption come from the multimodal fund, which is supposed to fund walking, biking, and transit projects. Over three years, the bill report estimates, the tax exemption will cost the multimodal fund $17.65 million.

Electric-car proponents, including Gov. Jay Inslee and Seattle Mayor Jenny Durkan (who announced a number of new electric-vehicle charging stations this week), argue that electric vehicles are a major part of the solution to climate change. “Seattle will continue to lead on climate action and green energy innovation,” Durkan said in announcing the new charging ports this week.

But all the gee-whiz enthusiasm in the world won’t erase the fact that cars, even electric ones, enable sprawl, and sprawl is what destroys forests and farmland, causes congestion, paves over habitat, contributes to sedentary and unhealthy lifestyles, and is in every conceivable way anathema to a sustainable climate future. What we need are not technological quick fixes like electric cars and carbon sequestration, but large-scale solutions like urban densification and taxes on suburban sprawl. Standing next to shiny new Teslas is easy. Standing up for long-term solutions to the root causes of climate change is harder.

3. The city council-appointed Progressive Revenue Task Force met for the third time Wednesday, seeming no closer to finding any viable alternatives to the employee hours tax rejected by the city council last year than they were a month ago. (Perhaps that’s because they are ultimately going to propose… passing the employee hours tax rejected by the city council last year.) The meeting was taken up largely by a review of potential municipal revenue sources proposed by the progressive Center for American Progress in a 2014 report, most of which, staffers noted, were either already in place or unworkable in Seattle or Washington State.

The meeting did include a lively discussion about the cost of building housing for unhoused Seattle residents, and a mini-debate over which shelter clients will be prioritized for housing, given that there simply isn’t enough housing for everyone entering the city’s shelter system. “Basic” shelter, the task force learned, costs an average of $5,597 per bed, per year; “enhanced” shelter, which tends to be open longer hours and offer more services and case management, costs $14,873 per bed. (Advocates from SHARE/WHEEL, which lost funding from the Human Services Department during last year’s competitive bidding process, were quick to point out that their bare-bones mats-on-a-floor model costs much less than the average basic shelter).

Enhanced shelter, which is aimed at people who are chronically homeless, has lower overall exits to permanent housing than basic shelter, primarily because it’s aimed at people who are among the hardest to house, including those with partners and pets and those in active addiction. Of about 20,500 households the city anticipates it will serve with enhanced shelter every year, it estimates that just 2,000 will exit to permanent housing. “What, if any, cautions or counterbalancing is going on in evaluating the performance of the providers that were awarded contracts to ensure that they don’t meet their exits to housing [goals] by prioritizing the easiest to house?” task force member Lisa Daugaard asked, somewhat rhetorically. “That’s a good question,” council staffer Alan Lee responded.

The task force has until February 26 to come up with its proposal.

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