Category: labor

Audit of Sheriff’s Office Finds Racial Disparities; Parking Officers Want Access to Crime Database; West Seattle Sweep Illustrates Futility of Sweeps

1. A new audit of the King County Sheriff’s Office found significant racial disparities in use of force, arrests, and who becomes a “suspect” in areas where the sheriff’s office is the primary law enforcement agency.

Residents and sheriff’s deputies “reported Black people as suspects and officers arrested Black people at rates nearly four times higher than expected given their proportion of the county population,” according to the audit report.

Although the county’s data on use of force was limited—619 calls led to a use of force between 2019 and 2021—the audit found that “overall, White officers as a group used force twice as often as Black or Asian officers. Additionally, both Black and Hispanic people were subjected to uses of force more often than White people.”

As the chart above shows, there were also major disparities in arrests—specifically, Black people were three and a half times more likely to be arrested than their proportion of the population would predict. In some areas, such as Sammamish and Woodinville, Black people were arrested at a rate more than ten times out of proportion to their population.

After “controlling” for overall arrest rates between various racial groups, that differential more or less disappears, but it still illustrates major upstream disparities, principal management auditor Peter Heineccius told the King County Council on Tuesday: Black, brown, and Native American people are far more likely than white and Asian people to become suspects (in part because people call police on them more), and more likely to be arrested as the result of a 911 call.

“This shows the risk of how an analysis that controls for certain factors might explain away racial disparities because it removes analysis of how [people of] different races become suspects,” he said.

Another factor that makes it hard to grasp the scope of racial disparities in stops and detentions: The sheriff’s office does not collect information about race during the vast majority of encounters with the public. Under the department’s interpretation of a law intended to protect immigrants from ICE, the county council would need to change county law to allow officers to start routinely recording the race of people they encounter.

“Previous Sheriff’s Office leadership has also stated that officers should not collect information about race, limiting the ability to quantify and ultimately reduce racial disparities,” the audit says.

Calling in to the council meeting on Tuesday, county Sheriff Patti Cole-Tindall said she “was heartened to see that while the report did say there are racial disparities, the amount of force that we use, based on the number of contracts was very, very minimal”—about 0.06 percent of all calls for service result in force, according to the audit.

2. The city’s decision to refund around $5 million in parking fines, and drop the equivalent of another $5 million in tickets, is not the only issue parking enforcement officers have raised during their transition from the Seattle Police Department to the Seattle Department of Transportation. Parking officers, who are considered “special police officers” under the commission from SPD that was at the center of the parking ticket snafu, want to retain access to the Criminal Justice Information System, a that allows police to do background checks on vehicle owners, via radio, before making a stop.

Now, the union that represents the parking enforcement officers, the Seattle Parking Enforcement Officers Guild (SPEOG), filed an Unfair Labor Practice complaint against the city for taking away their access to CJIS without bargaining the changes with the union. CJIS is only available to law enforcement officers; the state Public Employment Relations Commission is currently considering their claim.

“We sill have access to radio—it’s that the information is not the same as when we were at SPD,” said SPEOG president Chrisanne Sapp. “We are able to read between the lines, but with the body of work that we do, I don’t find that reading between the lines is an acceptable response.”

PERC hearings are not public; however, representatives from the city have argued that parking enforcement officers can still call in plates and find out if they should avoid a parked vehicle, even without access to the information system.

2. The recent removal of a small encampment from a park near the West Seattle Golf Course illustrates the problem with the city’s approach to sweeps, according to Keith Hughes, a neighbor who runs a day center at the nearby American Legion hall: Without housing and meaningful services, people just come back.

All five people who were living in Totem Pole Park a week ago returned to the area within three days, according to Hughes, including a couple who moved their tent temporarily to another location and three single men who stayed a couple nights in a large downtown shelter and came back to West Seattle days after they left. One of the men subsequently attacked Hughes physically, he said, punching the 74-year-old in the face and leaving him with a droopy eye, a large cut, and bruises on his left shoulder. Continue reading “Audit of Sheriff’s Office Finds Racial Disparities; Parking Officers Want Access to Crime Database; West Seattle Sweep Illustrates Futility of Sweeps”

Police Management Contract, Which Includes Concessions, Could Serve as Template for SPOG Negotiations

By Erica C. Barnett

On Tuesday, the Seattle City Council is expected to approve a contract between the city and the Seattle Police Management Association, which represents about 80 police lieutenants and captains.

The contract would establish new restrictions on arbitration (a process through which police can appeal disciplinary decisions for misconduct), make it harder for SPD to “run out the clock” on investigations, and implement other key provisions of the city’s landmark 2017 accountability ordinance. The city effectively abandoned the new law when it signed a contract with the Seattle Police Officers Guild, which represents officers and sergeants, the following year; that contract supersedes the 2017 law whenever there’s a conflict between the contract and the ordinance.

The SPMA contract only covers police managers, but has potential implications for the hundreds of police officers and sergeants who are represented by SPOG as well. SPOG is just beginning negotiations with the city for its own contract, which expired at the end of 2020.

Once the contract is signed, captains and lieutenants will receive retroactive wage increases of 2.7 percent in 2020, 1.9 percent in 2021, and 4 percent in 2022. (Retroactive increases are common in police contracts, in part because they generally take years to negotiate, which means police often operate under expired contracts.) In 2023, police managers would receive a pay bump equivalent to the consumer price index increase, up to 4 percent. Overall, the increase just for this relatively small group of employees will cost more than $6 million through the end of next year.

The most significant change in the contract—and the provision that could have the most direct impact on negotiations with SPOG, according to several people familiar with police contract negotiations who spoke to PubliCola on background—is in the section on arbitration.

Arbitration gives a police officer or commander who’s been accused of misconduct an opportunity to challenge the findings of the Office of Police Accountability and any discipline imposed by the police chief to an outside investigator. This process has been at the center of several controversial cases in recent years. In 2018, an arbitrator reinstated then-SPD officer Adley Shepherd, who was fired for punching a handcuffed woman who was sitting in the back of a police car; three years later, a state judge overturned the arbitrator’s decision, but such reversals are rare. Earlier this year, an arbitrator reinstated a parking enforcement officer (a position housed, at the time of the incident, in SPD) after Seattle Interim Police Chief Adrian Diaz fired him for telling a coworker that he supported lynching.

Federal Judge James Robart, who oversees the decade-old consent decree between the US Department of Justice and the city, ordered the city to fix its arbitration process when he ruled the city partly out of compliance with the agreement in 2019.

The new SPMA contract would put additional bumpers around the arbitration process when a captain or lieutenant appeals serious forms of discipline, such as firing and demotion. Currently, arbitration is a kind of secondary trial: Officers are allowed to bring in new evidence and witnesses that neither the OPA nor the police chief have seen, and the arbitrator can use any standard of proof they want to decide whether a cop is guilty of misconduct. For example, arbitrators can require the city to present “clear and convincing” evidence that an person is guilty of misconduct that justifies the punishment they received—a difficult hurdle.

Often, arbitrators’ decisions can seem arbitrary: In the case of the parking enforcement officer who was reinstated, the arbitrator found that the officer had no disciplinary record or complaints about similar comments in the past.

The contract attempts to directly address many of those issues. First, it would prohibit police managers accused of misconduct from introducing entirely new information, or witnesses, during arbitration. Second, it would change the standard for the police department to prove the officer was guilty of misconduct to a “preponderance of the evidence” requirement, meaning that it’s more likely than not that the misconduct occurred. And third, it would require outside arbitrators to decide whether the discipline the police chief imposed for misconduct was arbitrary or capricious; if it wasn’t, the arbitrator will have to uphold it.

SPMA’s contract doesn’t directly impact SPOG or its ongoing negotiations with the city, but it does set precedents, of a sort, for the city to bring up during negotiations.

“This agreement creates a new discipline review system that marks a sea change in how discipline appeals operate,” the city council’s public safety committee chair, Lisa Herbold, wrote in a recent letter to a constituent. “It will help slow that backlog from growing by ensuring cases aren’t being entirely relitigated during arbitration as they currently are (de novo review). It will also ensure arbitrators, who are not generally experts on policing, don’t substitute their judgement for the police chief’s, undermining accountability as happened in the Adley Shepherd case.”

Advocates have argued for getting rid of arbitration entirely; legislation that would have done away with arbitration failed last year in Olympia. The ACLU’s People Power Washington project has demanded five specific changes to the contract; some, including subpoena power for accountability agencies looking into officer misconduct, are already in place. Continue reading “Police Management Contract, Which Includes Concessions, Could Serve as Template for SPOG Negotiations”

Saving Invasive Tree Cost City $45,000; Hiring Bonuses Would Have Blown Up SPD Budget; Assaults at Sweeps Involved Pine Cones, “Veiled Threats”; Get Ready for Even-Year Elections?

1. Last week, Deputy Mayor Tiffany Washington told PubliCola that the city has to make sure police are present at every encampment removal because Parks Department workers, who are in charge of removing tents and disposing of unsheltered people’s belongings, were being “assaulted” by “protesters” who show up at sweeps. The parks workers’ union raised the issue, Washington said, because the workers didn’t feel safe without police in the area.

Although we’ve been present at many encampment removals, PubliCola couldn’t remember seeing or hearing about any physical assaults by mutual aid workers who show up at sweeps—including from local TV news reporters, who are generally eager to jump on any drama related to homelessness.  Asked for clarification, a Parks Department spokeswoman said Parks employees had been both threatened and physically assaulted.

For example, the spokeswoman said, “a staff person was pushed during a removal, protestors have thrown rocks and pinecones at staff, a protestor grabbed the arm of staff while they were posting removal notices, protestors have screamed in staff members’ faces, and protesters have written veiled threats toward specific staff including naming their family members.”

The Seattle Police Department has lost about 400 officers since the beginning of 2020, and continues to lose more officers than it hires.

The Parks Department did not directly respond to a question about whether the Parks union requested and received a contract modification or other written agreement to ensure police would be present at all encampment removals. “When our labor partners came to us with employee safety concerns, we worked together to address them and act,” the spokeswoman said.

“A staff person was pushed during a removal, protestors have thrown rocks and pinecones at staff, a protestor grabbed the arm of staff while they were posting removal notices, protestors have screamed in staff members’ faces, and protesters have written veiled threats toward specific staff including naming their family members.”

2. As the West Seattle Blog reported last week, the Seattle Department of Transportation decided to “spare” a large, multi-trunked horse chestnut tree in West Seattle whose roots have caused the sidewalk to buckle, making it unsafe for pedestrians. SDOT said it had not decided what to do about the tree, which is at least several decades old, but was glad to have found a solution that doesn’t require cutting down the tree. 

The solution, which the Seattle Times summarized as “a beautiful day in the neighborhood,” comes at a cost to the city: About $45,000, according to a spokesman for SDOT, to build a new “parallel/corner curb ramp with minimal tree root trimming that should not harm the tree” and move a fire hydrant across the street.

It’s unclear what impact the success of this tree protest will have on future attempts to remove trees that are damaging public infrastructure or are in the path of development. Historically, “Save the Trees” has been a rallying cry in Seattle (and elsewhere) for laws that prevent the construction of new housing—particularly in North Seattle’s tree-lined, largely white single-family neighborhoods, where people of color were historically barred from living.

Horse chestnut trees are a rapidly growing invasive species that, along with mountain ash, “make up the majority of the non-native deciduous species” in the city, according to the city of Seattle. That quote comes from a report recommending the removal of these trees from a natural area in Southeast Seattle that is “infested” with them, hindering the growth of native species.

3. The Seattle Police Management Association, which represents fewer than 100 police captains and lieutenants, have negotiated changes in their contract that, if implemented (the full contract is on the city council’s agenda next week), would cost the city about $3.39 million this year for retroactive and current wage increases. This extra cost would come out of SPD’s salary savings for 2022—$4.5 million the city saved because SPD was unable to hire all the officers the council funded in SPD’s budget last year. (The council could also decide to fund the contract costs from some other source, but that would require new legislation; paying for salaries out of the salary savings does not require legislation.)

Back in May, the city council and Mayor Bruce Harrell agreed to a “compromise” proposal that released $1.15 million in unspent salary savings to boost recruitment at SPD, after Councilmember Sara Nelson spent several weeks arguing that the city should just hand the entire $4.5 million to SPD for hiring bonuses. Conveniently enough, that $1.15 million, plus the money it will cost the city to fund SPMA’s contract in 2022, adds up to right around $4.5 million—money that would not have been available if Nelson had gotten her way and released the full $4.5 million.

Harrell spokesman Jamie Housen said “it was purely coincidental that those two figures lined up.”

We’ll have a more detailed report on the SPMA contract later this week.

4. Last week, the King County Council agreed to delay a vote on a proposal by Councilmember Claudia Balducci to give voters the chance to decide whether to move county elections, including the races for county executive, county council, and county elections director, to even years. Balducci, echoing many progressive groups, has argued that even-year elections would boost turnout over the current system, in which many local races (including Seattle elections) are conducted in “off” years, meaning those without statewide or national elections. Continue reading “Saving Invasive Tree Cost City $45,000; Hiring Bonuses Would Have Blown Up SPD Budget; Assaults at Sweeps Involved Pine Cones, “Veiled Threats”; Get Ready for Even-Year Elections?”

Omicron Hits Police, Library Workers Hard; Longtime City Union Rep Will Head Labor Relations Office

1. In the past month, the COVID-19 virus tore through the Seattle Police Department, placing dozens of officers in quarantine and adding a new strain to the department’s already-depleted ranks.

On January 12, SPD reported that 124 officers were isolating after testing positive for the virus: more than at any other point during the COVID-19 pandemic, easily surpassing the previous record of 80 officers in quarantine in November 2020. As of last Friday, the number of officers in quarantine had fallen to 85. Nearly 200 SPD employees have tested positive for the virus since the beginning of January, doubling the department’s total number of infections since the start of the pandemic.

The surge of COVID-19 infections, driven by the highly infectious omicron variant, intensifies a staffing shortage at SPD that has whittled away the department’s detective units and left some precincts with only a handful of officers to patrol large areas of the city. With fewer than 1,000 available officers—the lowest number in decades—SPD now routinely relies on non-patrol officers to volunteer for patrol shifts to meet minimum staffing requirements.

Another 170 officers are currently on leave, including more than two dozen unvaccinated officers who are burning through their remaining paid leave before they leave the department. The Seattle Police Officers’ Guild (SPOG), which represents the department’s rank-and-file officers and sergeants, has not reached an agreement with the city about the vaccine mandate for city employees, which went into effect on October 18. SPOG is the only city union that has not reached an agreement with the city about the mandate, and its negotiations appear to have stalled.

In contrast, the King County Sheriff’s Office is still working with some unvaccinated officers to find accommodations that will allow them to return to work. Sergeant Tim Meyer, a sheriff’s office spokesman, told PubliCola that his office hasn’t seen enough new COVID-19 cases to pose a challenge for their patrol shifts.

2. The omicron variant is also impacting other city departments where staff interact directly with the public, including the Seattle Public Library, which last week reduced opening hours at branches across the system. For now, many branches will be open only sporadically, starting as late as noon on weekdays, and some will be open just a few partial days each week.

According to SPL spokeswoman Elisa Murray, 63 library staffers, or about 10 percent of the library’s staff, were on a leave of absence (through programs such as the Family and Medical Leave Act) for at least one day during the last two weeks of 2021; in addition, 32 employees were out due to COVID infection or exposure.

Compounding the problem, the library was already short-staffed before omicron hit; compared to 2018, the system had about 8.5 percent fewer staffers overall last year. According to Murray, “With a hiring push in the fall of 2021, we were able to restore pre-pandemic hours at most libraries by Dec. 6, just before the Omicron surge began impacting our staffing numbers once again.”

The library is trying to keep at least two branches in each of its six geographical regions open six or seven days a week so that no one has to travel too far to reach an open branch. Patrons of smaller branches, like Wallingford, Montlake, New Holly, and Northgate may have to travel to other neighborhoods to access services in person.

There is no standard pattern for closures across the city: Some branches are closed on Tuesday, Friday and Saturday, for example, while others are closed on Saturday and Sunday. Murray suggests checking SPL’s website every morning to see which branches are open; the library requires a specific mix of staffers to open a branch, which means that one person calling in sick can be enough to close down a small branch for the day.

3. Shaun Van Eyk, the longtime labor representative for the city of Seattle’s largest union, PROTEC17, will soon be on the other side of the bargaining table as director of Labor Relations for the city’s human resources department. Van Eyk reportedly beat out Adrienne Thompson, former mayor Jenny Durkan’s chief labor advisor, for the position.

As a representative for PROTEC17, Van Eyk advocated for Human Services Department workers facing an uncertain future as the city’s homelessness division dissolved; argued against proposed free-speech restrictions that would limit what city employees could say online; and tangled with city leaders, including those at the Seattle Police Department, over the enforcement of Seattle’s vaccine mandate. (While police officers are represented by the Seattle Police Officers Guild, PROTEC17 represents civilian SPD employees.) In an email to union members announcing Van Eyk’s new position, PROTEC17 director Karen Estevenin credited Van Eyk with negotiating a COVID-era teleworking agreement and a recent wage increase for union members.

The labor relations division has undergone significant churn since the untimely death of its longtime director, David Bracilano, in 2017.

Paul Kiefer, Erica C. Barnett

Vaccine Mandate Applies to Incarcerated Workers; Anti-Vax Conspiracy Theorist Runs for Hospital Board

1. According to a memo issued to all Washington Department of Corrections inmates last week, the state’s vaccine mandate does apply to some incarcerated workers. The memo clears up one point of confusion in a larger and ongoing debate about whether inmates qualify as state workers.

As of October 26, the DOC will require vaccinations for positions on Department of Natural Resources (DNR) work crews, Department of Veteran’s Affairs (DVA) work crews, and for positions with Correctional Industries, the semi-autonomous business conglomerate run by the DOC, that involve working outside of the state’s 12 prisons. Any unvaccinated incarcerated workers have until December 13 to complete the vaccine regimen; for now, the DOC will not allow them to return to work.

The department is allowing incarcerated people to apply for medical or religious exemptions from the mandate. The DOC has not yet responded to PubliCola’s inquiries about the exemption process, nor have they specified how many workers are subject to the mandate.

Vaccination rates among people in DOC custody have slightly outstripped the state’s overall rate of 73 percent: more than three-quarters of all inmates are fully vaccinated. In mid-September, the vaccination rate for DOC staff was significantly lower—around 40 percent—and the department has begun the process of firing more than 300 staffers who refused to comply with the state’s mandate.

Despite the relatively high vaccination rate, COVID-19 infections remain a persistent problem in the DOC’s prisons and work release facilities. On Thursday, the department instituted a lockdown at the Cedar Creek Correctional Center near Centralia to contain an outbreak of the virus; meanwhile, the Clallam Bay Correctional Center on the Olympic Peninsula is still recovering from a dramatic surge in cases in late August and September.

Although the number of new vaccinations that will result from the mandate is still unknown, any increase in vaccinations among incarcerated people could become even more important as the DOC begins an effort to shift hundreds of inmates from prisons to work release facilities and home monitoring in the coming months. That project—a continuation of last year’s efforts to reduce prison populations in response to the pandemic—also involves adding bunks at the dozen work release centers around the state in anticipation of new arrivals; as those centers become more crowded, vaccination campaigns will become even more vital for the safety of people in custody.

2. Even if you vote faithfully in every election, you may not pay always make it to the bottom of the ballot, where the fire and rescue commissioners, sewer board members, and cemetery commissioners tend to languish. But maybe you should—especially if you live in Renton, where a anti-vax COVID denier who peddled election conspiracy theories and bragged about being in Washington, D.C. on January 6 is running for a position on the hospital board that oversees Valley Medical Center, in Washington.

Katie Bachand, a doula who graduated from the Seattle Midwifery School and Bastyr University, portrays herself in the King County  King County Voters’ Guide as a fiscally-minded reformer who wants to “return control of our Hospital District to the voters” and “stop the Trustees from taking your property taxes to fund whatever they deem to be necessary expenditures, including the salary of the CEO, without a vote from the Board of Commissioners!”

But in private social media posts, Bachand has promoted disinformation about COVID, including the “theory” that vaccinations cause the disease, promoted posts calling the pandemic itself a “psy-op,” not a pandemic”), referred to vaccine mandates as “Nazi[sm],” and promoted untested “cures” for COVID such as ivermectin, the much-mocked horse dewormer that the FDA has warned is not a treatment for COVID. In one September post, Bachand suggested that the government manufactured the COVID crisis to convince people to “accept a shot that changes our dna. This is all factual and from the Bible- no conspiracy theory ideas….”

As recently as August 21, Bachand encouraged nurses and other public employees to resist vaccine mandates in order to “win against tyranny”. Bachand also bragged about being in Washington, D.C. for former president Trump’s January 6th “Stop the Steal” rally claiming that “the truth is coming out that the F Bee Eye was behind it”—lingo meant to evade Facebook’s misinformation filters—and claimed in September that Joe Biden’s election should be decertified because “the audit showed over 57,000 fraudulent votes.”

Monique Taylor-Swan, Bachand’s opponent, is a certified home care aid and a board member of Service Employees International Union 775 with a long list of union and Democratic Party endorsements. According to the Progressive Voters Guide, Taylor-Swan wants to focus on “proper staffing and making pay more equitable between the highest-paid executives and underpaid nurses and staff” at Valley Medical.

—Paul Kiefer, Clara Coyote

Former OneAmerica Head Files Ethics Complaint Against Mayoral Candidate Bruce Harrell

By Erica C. Barnett

Rich Stolz, the former head of the immigrant rights group OneAmerica, has filed a formal complaint asking the Seattle Ethics and Elections Commission to investigate mayoral candidate Bruce Harrell’s actions as a council member to “discourage [an] investigation” by the city’s Office of Labor Standards into allegations of unpaid sick leave and wage theft brought against the Royal Esquire Club, the Black men’s social club that Harrell chairs.

As we’ve reported, Harrell called the OLS investigator looking into the case to ask for information about the investigation, mentioning that “he helped construct the Office of Labor Standards and would have to look in the future if any changes in funding need to be implemented,” according to the investigator. The club settled the complaint, which involved five women, for a total of just under $11,000 in June 2019.

Four months after the agreement was finalized, Harrell proposed spending $50,000 to survey businesses investigated by OLS, whose employees Harrell called “extremely unprofessional.” In pitching the business poll, Harrell said he had heard from many minority-owned small businesses that were “devastated” or even “forced to close” by enforcement actions over what he called “good-faith disputes” with workers, not “wage theft in the traditional sense.”

In his complaint, Stolz—a González supporter—alleges that Harrell “misused his official position to influence an Office of Labor Standards (‘OLS’) investigation into serious workplace violations at the Royal Esquire Club (‘REC’) when Councilmember Harrell was the Board Chairman. Councilmember Harrell’s misuse of public office included a threat to OLS, with the implication that if OLS did not conclude its investigation in a way that Councilmember Harrell approved, its funding would be in jeopardy.”

His current opponent for mayor, Lorena González, objected back then to what she called a “hit piece on OLS” with “a predetermined outcome,” saying that if someone had conducted a survey of all the people she had sued for labor law violations over the years, “I suspect that the results of that survey would resoundingly say that they hated me, and that… my clients’ claims were frivolous.”

In his complaint, Stolz—a González supporter—alleges that Harrell “misused his official position to influence an Office of Labor Standards (‘OLS’) investigation into serious workplace violations at the Royal Esquire Club (‘REC’) when Councilmember Harrell was the Board Chairman. Councilmember Harrell’s misuse of public office included a threat to OLS, with the implication that if OLS did not conclude its investigation in a way that Councilmember Harrell approved, its funding would be in jeopardy.”

The complaint includes a memo from OLS’ file on the wage theft investigation about an apparently awkward meeting between two OLS investigators and a representative of the club who complained about the investigation and informed them that Mayor Jenny Durkan supports the club and has called herself an “Esquirette.” Continue reading “Former OneAmerica Head Files Ethics Complaint Against Mayoral Candidate Bruce Harrell”

As Vaccine Deadline Nears, Negotiator In Charge of Police Bargaining Leaves City

By Paul Kiefer

The window of opportunity for the Seattle Police Officers Guild (SPOG) to negotiate a deal with the city about the enforcement of the city’s new mandatory vaccination policy, which takes effect on October 18, is closing.

And this Friday, those negotiations will hit another snag: Ned Burke, the city negotiator responsible for bargaining with SPOG, is leaving Seattle’s labor relations unit. Jeff Clark, the interim head of the labor relations unit since the departure of former director Jana Sangy in March, has few options to replace Burke at the negotiating table, so Burke’s exit poses a challenge for the city as the deadline to reach an agreement with SPOG approaches.

Because SPOG represents public safety employees, the guild has an option that other public employee unions lack: as a last resort, the guild can bring its disagreements with the city before an arbitrator. After hearing arguments from both SPOG and the city, the arbitrator would unilaterally decide how the city will implement the vaccine requirement for police officers, including whether officers will get a grace period after October 18 to get vaccinated instead of facing immediate termination.  Burke would have been responsible for presenting the city’s argument to an arbitrator; instead, the city may need to find someone new to take on that high-stakes role.

As the sole holdout among Seattle’s public safety unions, SPOG runs the risk that an arbitrator could dismiss their demands as a tactic to stall the enforcement of the mandate, leaving their members to accept the city’s terms or lose their jobs.

With negotiations stalled, arbitration appears to be the most likely end to the standoff. And as the October 18 deadline approaches, SPOG is isolated. When the Coalition of City Unions reached an agreement with the city about the mandate last month, the Seattle Police Management Association—the union representing SPD lieutenants and captains, which initially bargained alongside SPOG—split with the guild and joined the larger coalition, foregoing its right to arbitration.

While SPOG and other public safety employee unions often prefer to take the gamble of arbitration instead of reaching a compromise with the city—in the past, arbitrators have often sided with police unions—the guild is in a challenging position this month. As the sole holdout among Seattle’s public safety unions, SPOG runs the risk that an arbitrator could dismiss their demands as a tactic to stall the enforcement of the mandate, leaving their members to accept the city’s terms or lose their jobs. Continue reading “As Vaccine Deadline Nears, Negotiator In Charge of Police Bargaining Leaves City”

Lefty Union May Pull Sawant Support, Durkan Budget Kills RV Outreach Program, City Blames Providers for Lack of Street Sinks

1. For weeks, City Councilmember Kshama Sawant has been involving herself with a strike by members of the Pacific Northwest Carpenters’ Union, joining a group of militant carpenters in encouraging “wildcat” strikes at work sites where legally binding agreements forbid walking off the job. The splinter group, called the Peter J. McGuire Group, maintains that union leaders aren’t asking for enough in ongoing negotiations with the Association of General Contractors.

Sawant has largely dismissed union leaders and members who have asked her to stop “interfering” in the ongoing strike, accusing “top union officials” of being the ones who are actually fomenting dissent by discouraging wildcat strikes. Now, a union that has historically supported Sawant, the United Food and Commercial Workers Union, says they may not contribute materially to her upcoming recall election because of her work to disrupt the carpenters’ labor negotiations. In the past, UFCW has contributed thousands of dollars to independent expenditure campaigns that have worked to elect Sawant. 

The union has endorsed a “no” vote on the recall, which UFCW 21 secretary-treasurer Joe Mizrahi calls an “undemocratic” effort they would oppose “no matter who the candidate was.” 

“[Sawant’s] treasury doesn’t get seized. She doesn’t lose her job. So the accountability that the union has to think about doesn’t exist for her.”—UFCW 21 Treasurer-Secretary Joe Mizrahi

Mizrahi says Sawant is ignoring the ways in which “her involvement puts workers’ jobs at risk and their union money at risk. … Striking is a legal act—oftentimes, these contracts have a no-strike clause and if you violate that, the worker is not protected.”

Unions and workers can pay a stiff price if wildcat strikes disrupt a company’s ability to do business, Mizrahi says. For example, in Portland, secondary strikes by the longshoreman’s union (strikes against companies that were not party to the union’s contract) resulted in a judgment that bankrupted the union’s treasury. Such judgments send money directly from workers (whose dues make up the union treasury) to the companies that employ them. “The union treasury is employee money, so it’s transferring that worker money right back to the employer, which is the last place you want it to go,” Mizrahi said.

Mizrahi says it’s good to have union members pushing leadership for more favorable contract terms, but notes that Sawant isn’t the one who will suffer the consequences if the union is penalized because its workers violate labor law. “Her treasury doesn’t get seized. She doesn’t lose her job. So the accountability that the union has to think about doesn’t exist for her.”

2. For the second year in a row, Mayor Jenny Durkan has proposed eliminating funding for the Scofflaw Mitigation Team, a private program that works to keep people living in vehicles from losing their only source of shelter. And for the second year, Scofflaw Team founder Bill Kirlin-Hackett is trying to get the Seattle City Council to restore the team’s funding, arguing that the $80,000 the team receives is crucial because it helps people living in RVs and cars pay for repairs, parking tickets, and other expenses they incur as a result of city policies aimed at preventing people from living in their vehicles.

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Kirlin-Hackett says he has already spoken to council members about restoring funds for the program, “advocating, in large part, ‘if you cut this then you will have no one doing intentional outreach to vehicle residents when half the unsheltered population lives in vehicles.'”

Mayoral spokeswoman Kamaria Hightower notes that Durkan’s proposed budget includes a transfer of funds from the Seattle Department of Transportation to Seattle Public Utilities for trash pickup, sewage pump-outs, and property removal from RV sites, in order to “solicit voluntary compliance w[ith] removing belongings, debris from ROW.” The budget itself identifies these funds, which would pay for one new “field coordinator,” as “part of the City’s efforts to increase access to the [right-of-way].”

Hightower notes that the council paid for the scofflaw program last year with one-time funds, and says this year’s cut is in keeping with that intent. However, the city council actually first funded the program in 2019 with ongoing funds, adding it back to the budget in 2020 (and funding it with one-time dollars) after the mayor’s budget eliminated funding for the program.

3. Durkan’s budget also includes no new funding for street sinks, which the council funded in 2020 so that unsheltered people could wash their hands. Since most public restrooms in the city shut down or limited access in response to COVID, diseases like shigellosis, hepatitis A, and cryptosporidiosis have rampaged through communities of people living unsheltered, who have little access to clean water and soap.

“There is deep, deep resentment that [service providers] would be responsible for the sinks: ‘Why is the city not doing this? Why is it up to us, especially [when we’re] being overwhelmed during the pandemic?'”—Tiffani McCoy, Real Change

The mayor has consistently thrown up roadblocks to the sinks, ranging from concerns about “vandalism” to demands that SPU study alternatives to soap-and-water washing, such as a “Purell on a pole” idea that would substitute a quick squirt of hand sanitizer for a thorough cleaning with soap and water. The city finally allocated funds to two organizations, Seattle Makers and the Clean Hands Collective, with new requirements: The sinks have to drain directly into a storm drain, rather than a receptacle or planter as originally proposed, and they have to be fully ADA compliant, not just wheelchair accessible.

The city does not apply similar universal accessibility standards to its own portable toilets, many of which are inaccessible to people in wheelchairs. Continue reading “Lefty Union May Pull Sawant Support, Durkan Budget Kills RV Outreach Program, City Blames Providers for Lack of Street Sinks”

City Reaches Agreement with Unions Over Vaccine Mandate Rules; SPOG Agreement Still to Come

By Paul Kiefer

On Thursday evening, a coalition of Seattle city employee unions reached a tentative agreement with the City of Seattle about the enforcement of the city’s new mandatory vaccination policy.  The agreement, which outlines rules for vaccination exemptions and offers paid time off for vaccinated employees, now needs the approval of both the unions’ membership and the city council. Union members will vote on the agreement this weekend.

On Friday, both Seattle Mayor Jenny Durkan and city labor leadership heralded the agreement as a key victory in the city’s fight to control the spread of COVID-19. Karen Estevenin, the executive director of PROTEC17, which represents employees across multiple city departments, told PubliCola the union coalition didn’t object to the vaccine mandate itself, but wanted to give city employees a hand in shaping how the mandate will play out in their workplace.

“One of the key benefits of having a union is that workers have a voice on policy changes that affect their workplaces and their livelihoods,” she said. “By negotiating the terms of the vaccine mandate, we wanted to ensure that this was a fair, transparent, and equitable policy for all City employees.”

Behind the scenes, labor organizers convinced nearly every public employee union to buy into the agreement, including the Seattle Police Management Association (SPMA), which represents lieutenants and captains in the Seattle Police Department. One key holdout is the Seattle Police Officers Guild (SPOG), which represents the department’s rank-and-file officers and is still negotiating its own arrangement with the city. Public safety employee unions have negotiating options that other public sector unions lack, so it is not uncommon for SPOG and other unions representing public safety employees to bargain separately from the larger coalition.

The agreement, which the mayor’s office announced publicly on Friday, will guarantee a floating vacation day in the next year for all employees who submit proof by October 5 that they are fully vaccinated or that they will be vaccinated by the October 18 deadline. Vaccinated employees will also receive another 80 hours of paid leave to deal with COVID-related emergencies, including recovering from vaccination or taking care of newly vaccinated family members.

As negotiations wound to a close this week, the coalition ran into two sticking points: whether to replenish the sick day allowance for employees who took time off work to get vaccinated earlier this year and whether the mandate would cover city contractors. The agreement reached on Thursday will allow employees to restore three days of sick leave they used to receive the vaccine before Durkan announced the mandate, and it specifies that the city will apply the vaccine mandate to any contractors and vendors who work on city construction sites or in close proximity with city staff. Continue reading “City Reaches Agreement with Unions Over Vaccine Mandate Rules; SPOG Agreement Still to Come”

Sound Transit CEO Rogoff Out Next Year, Labor Council Wades Into Sawant Fray, 43rd Democrats Divided on Dow

1. Learn to trust the Fizz: Sound Transit CEO Peter Rogoff will leave the agency next spring. On Thursday, Sound Transit board members voted to approve the terms of Rogoff’s departure and queuing up a national search for his replacement.

The announcement came two weeks after the board removed what had seemed to be a standard one-year renewal of Rogoff’s contract from their regular agenda, after a nearly two-hour executive session in which board members discussed his performance as director of the agency. Board members also retreated to a lengthy executive session during Thursday’s meeting before emerging with the news that Rogoff “did not foresee continuing in his role,” in the words of board chair Kent Keel.

As PubliCola reported in early September, board members have spent the last month discussing whether to renew Rogoff’s contract, raising questions about Rogoff’s leadership style as well as large cost increases—largely for property acquisition—that forced the board to adopt a “realignment” plan for the voter-approved Sound Transit 3 package earlier this year. Mayor Jenny Durkan King County Council member Claudia Balducci, and King County Executive Dow Constantine are among the board members who brought up concerns publicly and internally.

According to a report by an independent consultant, Triunity, the cost increases were worsened by the fact that various divisions of the agency didn’t communicate with each other, thanks to a “siloed” organizational structure and a culture of keeping bad news under wraps. Another issue: Sound Transit, under Rogoff’s leadership, has been slow to make decisions that could reduce costs, such as choosing a single preferred alignment for light rail expansion instead of continuing to study many different options.

Durkan, one of two board members to vote against retaining Rogoff after allegations that he acted inappropriately around female staff, did not join in the round of praise for Rogoff that followed the board vote Thursday. After a round of effusive praise for Rogoff (Auburn Mayor Nancy Backus: “We should be very grateful as a board and a region for his expertise and skills”), Balducci’s comments focused mostly on Rogoff’s early years at the agency, calling him a steady hand when the agency was struggling to get its bearings

“We were trying… to build this incredibly ambitious and future-looking transit plan, to finally meet the promise of what we have needed and wanted in this region for over 50 years,” Balducci said. “Peter stepped in in the middle of that and quickly got his bearings and helped to bring us home.”

Rogoff will receive severance worth one year’s salary, plus unused vacation time and other benefits outlined in his contract. Speaking after the vote, Rogoff said he has found the job “simultaneously exhilarating and exhausting,” sometimes leaning more toward the latter. “I will continue to be the loudest cheerleader for Sound Transit’s staff and all of their accomplishments even after I step to the sidelines next year,” he said.

2. The King County Labor Council, which represents around 150 unions in King County, tweeted on Thursday urging Seattle City Councilmember Kshama Sawant to stop “meddling” and “interfering” in the internal business of the Pacific Northwest Carpenters Union, which is currently on strike over a contract that a majority of members rejected over issues including pay, contract length, and parking reimbursements. “Ask how you can support instead of being a nuisance,” the Labor Council said.

Sawant began inserting herself into the debate earlier this month, when she issued statements and held a rally urging union members to vote “no” on the contract. Union leaders, including the head of the anti-Sawant Building Trades Union as well as the Carpenters’ Union itself, have repeatedly asked Sawant to stay out of their negotiations. “[N]o politician should be meddling in a private sector union contract negotiation,” Washington State Building Trades vice president Chris McClaine said. “It only helps those who want to destroy worker unions and take money out of workers’ paychecks.”

This week, Sawant issued a flurry of statements supporting the strike, touting her own promise to contribute $10,000 (up from an initial pledge of $2,000) to the carpenters’ strike fund, and showcasing a letter of support from several dozen carpenters’ union members for “stepp[ing] forward in solidarity” with the strike. The $10,000 pledge will come from the Sawant Solidarity Fund, which supports various political efforts and campaigns.

Sawant also said this week that she will introduce legislation to “require construction contractors to fully pay for workers’ parking costs, strengthen enforcement and penalties for wage theft, and restore [the] right to strike” at sites with a project labor agreement (PLA)—a bargained agreement between the union and contractors that prohibits workers from walking off the job. PLA sites in Seattle include the NHL hockey arena, the downtown convention center, and Sound Transit’s ongoing light rail construction.

It’s unclear when Sawant plans to introduce the legislation or what mechanism it would contain for requiring specific parking reimbursements, which are currently included in union contracts, not dictated by legislation.

3. The 43rd Legislative District Democrats failed to reach an endorsement for King County Executive at their endorsement meeting Tuesday night, a victory of sorts for incumbent Dow Constantine after a series of landslide votes for lefty candidates in other races. Constantine received a little over 43 percent of the vote to his challenger, state Sen. Joe Nguyen’s, 54 percent.

That may not seem like a blowout, but compared to the district’s sweeping support for other progressive candidates—city attorney candidate Nicole Thomas Kennedy, City Council candidate Nikkita Oliver, and mayoral candidate Lorena González all received first-round votes of at least 75 percent—Nguyen’s 54 percent showing looked limp.

“We cannot wait for the status quo to solve the problems that have been impacting us for decades and they especially won’t be solved by those who helped create them,” Nguyen said before the vote. Constantine responded to this by highlighting the county’s work responding to the COVID pandemic, including the imposition of a countywide vaccine mandate for indoor and large outdoor events. “This is the kind of difficult work that real leaders do. I’ve never been much for bluster,” Constantine said.