Category: labor

Durkan’s Hot-Mic Moment, Two Potential 2021 Initiatives, and Former Sheriff Rahr Steps Down

1. Prior to her State of the City remarks earlier this week, Mayor Jenny Durkan made a hot-mic comment deriding Council President (and mayoral candidate) Lorena González; the comment came during some apparent technical difficulties immediately before the livestreamed speech.

“Slow down a little bit, please,” Durkan says to someone off camera, apparently referring to her remarks on the screen in front of her. “There’s, like, all sorts of shit gone now,” she continues, laughing. “We’ll just go to the top and I’m going to, like, do the best I can.”

“If it was easy,” Durkan continues, “it’d be Lorena’s rebuttal.”

Durkan then proceeded to deliver a State of the City speech that clocked in at just over six minutes—the shortest, by far, in recent memory.

Per custom, Council President González, who announced she’s running for mayor after Durkan announced late last year that she would not seek a second term, did provide a response to Durkan’s State of the City speech. However, far from criticizing the mayor or her comments,  González actually thanked Durkan and city employees for “working hard to keep our City government running smoothly every day since the pandemic first hit our region a year ago.”

During a Town Hall Seattle forum on women in politics on Wednesday night, Durkan said she decided not to run for a second term, in large part, because if she stayed in the race her opponents would “feel like they have to be oppositional,” even if they agree with her, “because they’re running against me or supporting an opponent.”

“At the end of the day,” she added, “that was my job: Doing what was right for the city.”

Despite Durkan’s insistence that running for reelection during a crisis would elevate politics over what’s “right for the city,” campaigning for office while running the city isn’t unprecedented or irresponsible. In fact, it’s a standard part of a mayor’s job description.

2. Former city council member Tim Burgess and SoDo Business Improvement Area director Erin Goodman have formed a political action committee to support an initiative related to drug use, homelessness, and behavioral health in Seattle. The new PAC, called Seattle Cares, has received an initial $15,000 contribution from the Downtown Seattle Association. Last election cycle, Burgess formed a PAC with the similarly anodyne name People for Seattle, which worked to defeat council members Lisa Herbold and Kshama Sawant and to oppose then-candidate Tammy Morales.

Although the committee has not filed initiative language yet, clues can be found in a poll PubliCola reported on earlier this month, which asked respondents about their support for a ballot measure that would give police additional tools to remove homeless people from public spaces, apparently in combination with some kind of behavioral health and addiction treatment funding.

The poll asked respondents their opinion of a Seattle ballot initiative that would use existing government funds to support treatment for mental illness and drug addiction while giving police more authority to “intervene” if people experiencing homelessness didn’t accept the “help” they were offered. The hypothetical ballot measure, according to the poll, would also re-establish the police-led Navigation Team, which removed encampments across Seattle until the city council eliminated the team in last year’s budget.

Support PubliCola

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

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

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

It’s unclear where the funds for the measure would come from or what kind of “behavioral health” and addiction services would be offered to people experiencing homelessness. Supporters of encampment sweeps, quoted in media such as KOMO TV’s “Seattle Is Dying” series, often tout non-evidence-based approaches such as involuntary treatment for people with addiction. Burgess said Thursday that the official committee filing “was meant to comply with legal requirements but we are still debating and crafting what we might do, if anything.”

3. Speaking of polls, another poll in the field this month—this one funded by United Food and Commercial Workers Local 21— asked about a potential city policy that would impose a surcharge on medical marijuana, specifically, to fund training and certification for people who sell cannabis products. The poll framed the new certification program as an opportunity for professional growth and a way of promoting equity among cannabis retailers, and tested a message positioning the surcharge as a way to fund improved service and support for medical marijuana consumers. Continue reading “Durkan’s Hot-Mic Moment, Two Potential 2021 Initiatives, and Former Sheriff Rahr Steps Down”

Two Bills on Cop Discipline Illustrate Limits of Labor Support for Police Reform

Sen. Joe Nguyen (D-34) presents before the Washington State Senate’s Labor, Commerce and Tribal Affairs Committee on Thursday

By Paul Kiefer

Labor leaders, police accountability activists and elected officials from across the state, including Seattle Mayor Jenny Durkan and Seattle City Councilmember Lisa Herbold, testified Thursday in Olympia about two state senate bills intended to restructure or streamline the disciplinary process for police. The testimonies from the labor leadership revealed the sharp divide between Seattle’s labor movement, which distanced itself from police unions in June, and the statewide labor movement, which continues to defend police union membership—in their words, both out of solidarity and for self-preservation.

The first bill, sponsored by Senator Joe Nguyen (D-34) and a dozen of his colleagues, would streamline the arbitration process that police union members use to challenge disciplinary rulings by empowering the state’s Public Employee Relations Commission (PERC) to choose the attorneys who decide the outcomes of appeals. Under the current statewide system, both employers and police unions have to agree on an arbitrator from a pool of private attorneys; that system is rife with delays.

The bill would also prohibit police union collective bargaining agreements from including conditions that violate or nullify state or local laws; that clause would prevent a repeat of the 2018 contract between Seattle and the Seattle Police Officers’ Guild (SPOG) that nullified key elements of the sweeping police accountability ordinance the city council passed in 2017.

The second bill, sponsored by Senator Jesse Salomon (D-32) and five of his colleagues, would eliminate the arbitration process altogether and require officers to appeal disciplinary decisions to quasi-judicial bodies called civil service commissions, whose members are mostly appointed by mayors and city councils. Seattle already has its own Public Safety Civil Service Commission, but officers only appeal disciplinary decisions to that commission if their union has declined to support their appeal, which is rare.

The bill would also require departments to automatically fire any officers found guilty of a set of extreme offenses—including excessive force, hiding or falsifying evidence, and engaging in sexual contact with anyone in custody. And it would prohibit police union contracts from restricting accountability and oversight by, among other means, limiting the subpoena authority of civilian oversight bodies and allowing the sealing or destruction of officers’ misconduct records.

At their core, both Nguyen and Salomon’s bills would make law enforcement bargaining rules more distinct from the rules that govern any other employees. But to most of the labor representatives who testified at the hearing, the two bills are night and day. While Nguyen’s would limit the input of both unions and management in the arbitration process, Salomon’s would specifically limit the powers of police unions and the disciplinary appeal options for law enforcement officers.

Statewide labor leaders, including representatives from the Washington State Labor Council, argued Thursday that police accountability reforms that restrict the powers of police unions could have dire consequences for the power of organized labor in the state as a whole, threatening the due process and collective bargaining rights of all workers. Shaunie Wheeler James, the political director for Teamsters Joint Council 28 (and a member of the Port of Seattle’s Commission on Port Policing and Civil Rights), called the bill a “stalking horse for those with an agenda to undermine all workers.”

Several labor leaders dismissed the notion that the collective bargaining process and arbitration stood in the way of meaningful police reforms. State labor council president Larry Brown, for example, argued that the real barrier to reform is police management, who oversee training, hiring, and data collection about misconduct and use of force, rather than rank and file officers.

“Nothing in this bill addresses the police leadership—the chiefs, the sheriffs, and the training programs—that have allowed these culture problems to persist,” he said.

Only one labor representative testified in favor of Salomon’s bill: David Parsons, the president of UAW 4121—a union representing graduate, doctoral and postdoctoral student employees at the University of Washington.

Seattle-area labor leadership joined forces with police accountability advocates last summer, mostly notably in June, when the Martin Luther King County Labor Council expelled SPOG from their organization. That local shift was visible on Thursday, when representatives from the ACLU of Washington and Black Lives Matter Seattle-King County joined Parsons in supporting the bill, as did prominent police accountability expert and retired municipal court judge Anne Levinson and Fred Thomas, the father of a man killed by police officers in Fife in 2013 who is now a leader in police accountability lobbying group Next Steps Washington.

In contrast, both law enforcement and non-law enforcement labor lobbyists seemed cautiously optimistic about Nguyen’s bill. Joseph Kendo, the government affairs director for the WSLC, only balked at the proposal to limit the pool of arbitrators to nine members, which he said was too few to meet the statewide need. Washington State Fraternal Order of Police president Marco Monteblanco said the bill would provide officers a more consistent, unbiased arbitration process.

2020 In Review: Following Up on the Year In Police Accountability

By Paul Kiefer

Throughout 2020, PubliCola provided ongoing coverage of the year’s top stories, including the COVID-19 pandemic, efforts to shelter and house the region’s homeless population, budget battles between the mayor and city council, and efforts to defund the Seattle Police Department and invest in community-based public safety programs.

Today, we’re focusing on several stories about the Seattle Police Department, the King County Sheriff’s Office, and police accountability.

Police Shootings

The Office of Police Accountability (OPA) won’t complete its investigations into the killings of Shaun Fuhr and Terry Caver by Seattle police officers in April and May, respectively, until early 2021. City law and the current city contract with the Seattle Police Officers Guild (SPOG) give the OPA 180 days to investigate misconduct allegations. However, because of delays related to the COVID pandemic and police actions during recent protests, OPA Director Andrew Myerberg has received two extensions. Myerberg added that the OPA won’t complete its investigations into the two shootings until SPD’s Force Review Board completes its own reviews of the incidents.

SPD officers shot and killed 24-year-old Fuhr on April 29 after his girlfriend called 911 to report that he had beaten her and taken their child at gunpoint. Fuhr was holding their one-year-old daughter when officers fatally shot him in a Columbia City driveway after a short chase on foot; SPD reported finding a handgun nearby, but the department hasn’t said whether Fuhr was holding a gun when officers fired at him. His daughter wasn’t hurt in the shooting, but Seattle-King County NAACP President Carolyn Riley-Payne issued a statement after the killing criticizing then-SPD Chief Carmen Best for claiming that the officers were concerned for the child’s well-being. The King County Sheriff’s Office is also investigating the shooting.

Less than a month later, officers shot and killed 57-year-old Terry Caver on a mostly empty sidewalk in Lower Queen Anne. As PubliCola reported in August, Caver had moved to the Seattle area after a 2010 drive-by shooting in California triggered the onset of paranoid schizophrenia. He initially lived with his older sister in Everett, who told PubliCola that her brother regularly carried a knife to defend himself during bouts of paranoia. She believes that Caver was experiencing a schizophrenic episode when Seattle police officers responded to 911 calls about a man waving a knife at passersby along Elliott Avenue West.

At least five officers surrounded Caver with their cruisers and shouted at him to drop to the ground, prompting Caver to break into a run, shouting, “you’re going to have to kill me.” Less than a minute after the officers arrived, two of them—Christopher Gregorio and Matthew Milburn—opened fire.

Though the OPA reviewed the shooting in May, the office didn’t begin a formal investigation into Caver’s death until August, after PubliCola published Caver’s name, which SPD didn’t release after the shooting. According to Myerberg, the investigation will focus primarily on whether officers followed SPD’s de-escalation policies.

Both Fuhr and Caver were Black, as were roughly a third of the people killed by SPD in the past decade.

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter. Earlier this month, we took a look back at just some of the work we’ve been able to do thanks to generous contributions from our readers, but those pieces represent just a handful of the hundreds of stories we’ve published this year.

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

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

The Seattle Police Contract

Though the city’s collective bargaining agreement with the Seattle Police Officers Guild expires on December 31, the city won’t begin negotiating a new contract until 2021 at the earliest, leaving the union to work under an expired contract until the city council ratifies a new agreement. At the moment, the Labor Relations Policy Committee—which includes five council members, the mayor’s policy director, the Budget Office director and the director of Human Resources—is still hammering out the city’s bargaining agenda, including the subjects of bargaining, the length of the new contract and the amount of money the city is willing to spend to meet the terms of the new contract.

In early November, Mayor Jenny Durkan and city council public safety committee chair Lisa Herbold announced that the all three of the city’s police oversight agencies—the Office of Police Accountability, the Office of the Inspector General (OIG), and the Community Policing Commission (CPC)—would advise the LRPC ahead of negotiations with SPOG.

While the OPA has taken an advisory role in the past, the CPC (which represents the interests of the public, not a branch of city government) has never previously had an official role in police contract negotiations. Nor has the city council, which will now have a representative—likely council central staffer Greg Doss—at the table. Continue reading “2020 In Review: Following Up on the Year In Police Accountability”

Officials Announce Changes to Police Union Negotiation Strategy, But Accountability and Bargaining Experts Say More Should Be Done

Mayor Jenny Durkan (center) and City Council member Lisa Herbold (right)

By Paul Kiefer

On Wednesday, Mayor Jenny Durkan and City Council member Lisa Herbold announced a pair of adjustments to the make-up of the bodies responsible for negotiating collective bargaining agreements with Seattle’s police unions. For the first time, all three of the city’s accountability partners—the Office of Police Accountability, the Office of the Inspector General (OIG), and the Community Policing Commission (CPC)—will formally advise the city in preparation for, and during, negotiations with the police unions, and they will be able to attend bargaining sessions when police accountability is on the agenda.

Previously, only the OPA advised the city. This will be the first time the CPC, which represents the interests of the public rather than any branch of city government, will have an official role in police contract negotiations.

Second, a member of the City Council’s central staff will now sit at the bargaining table itself; in the past, the bargaining team was composed entirely of the mayor’s staff and staff from departments indirectly under the mayor’s direction. The move was foreshadowed in a January 2020 council resolution “affirming the city’s good faith intent” to consider addressing community and oversight groups’ concerns about the police union collective bargaining process, but that resolution did not name any specific changes to the city’s bargaining strategy.

Support PubliCola

PUBLICOLA NEEDS YOUR HELP.

This ad-free website is supported ENTIRELY by generous contributions from readers. At a time when real local news is more threatened than ever by declining revenues and the growing spread of misinformation, PublICola is a trusted source of breaking news, commentary, and deep dives on issues that matter.

If you enjoy the work we do here at PubliCola, please help us KEEP IT GOING by donating a few bucks a month or making a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by check at P.O. Box 14328, Seattle, WA 98104. We’re truly grateful for your support.

In comparison to the last round of contract negotiations, these changes mark some notable shift in Durkan’s approach to negotiations. During the end of the last bargaining process in 2018, both the council and the accountability partners relied on second-hand information provided by the mayor’s office to monitor negotiations and assess proposed contracts. This year, accountability advocates hope that these shake-ups will ensure that longstanding recommendations for improving accountability within SPD are finally enshrined within the police union contracts.

In the press release that accompanied the announcement, OPA director Andrew Myerberg cast the move as a step toward “ensuring public trust and confidence” in the city’s bargaining process with the police unions; he was echoed by Inspector General Lisa Judge, as well as by CPC co-chairs Rev. Harriet Walden and Prachi Dave, who wrote that the inclusion of the CPC in the negotiating process will be “an opportunity to help ensure the reforms in the landmark 2017 Police Accountability Ordinance are fully implemented.”

“Just because you have a [council] representative at the table doesn’t mean that the bargaining process will proceed in a way that’s transparent to the public.”—Peter Nguyen, former Labor Relations (LR) representative during police contract negotiations

The 2018 Seattle Police Officers Guild (SPOG) contract—and Durkan’s approach to negotiations—drew widespread criticism from accountability experts, including retired judge and former OPA auditor Anne Levinson and the CPC,  who said that the contract undercut major improvements to accountability that were enacted in the historic 2017 accountability ordinance.

A key problem, Levinson told PubliCola, was that — as she understands — the Mayor’s Office’s goal during the negotiations was not to ensure that the reforms they promised to the public were fully realized. “At a minimum [the Mayor’s Office] should have been saying, ‘here is how a proposed provision is different than what the community was promised and what was adopted in the accountability ordinance,’ or, ‘here is how the proposal would lessen, rather than strengthen, accountability and not serve the public as well,” said Levinson. “There was an obvious lack of an independent voice for accountability reform and community perspective.”

Peter Nguyen, who represented the LR at the bargaining table with SPOG in 2018 (and worked as a legislative aide to council member Dan Strauss) but no longer works for the city, shares Levinson’s view. He was one of only five people on the city’s negotiating team that year, sitting beside then-counsel to the mayor Ian Warner, private attorney Otto Klein, and representatives from SPD’s Human Resources unit and SPD’s command staff.

Nguyen’s interview with PubliCola was the first time he’s gone on record to speak about the city’s labor negotiations strategies; it’s rare for labor negotiation professionals to give interviews on the subject. “The major failure of transparency when it comes to police bargaining in its current form in Seattle,” Nguyen told PubliCola before the mayor’s announcement, “is that negotiations can and essentially are driven by a single individual [the mayor] who cannot possibly reflect the collective interest of our entire city when it comes to public safety, and who is not subject to the proper checks and balances which would safeguard the public good.” Continue reading “Officials Announce Changes to Police Union Negotiation Strategy, But Accountability and Bargaining Experts Say More Should Be Done”

Morning Fizz: Will Durkan Veto the Council’s Budget?

1. Will Mayor Jenny Durkan veto the city council’s budget?

It may seem early to start asking whether the mayor will reject the council’s revisions of her 2021 budget proposal, since the council is only at the midway point of the budget process. But as the potential amendments and substantive policy changes add up, it’s clear that the council is intent on restoring funds to  housing, grassroots community safety projects, and COVID relief—which means cutting into the mayor’s flagship priority, a $100 million “equitable investment” fund for “investments in BIPOC communities,” in the last budget before the next mayoral election.

Durkan first floated the concept of funding “$100 million in community-driven programs for Black youths and adults” at the height of last summer’s Black Lives Matter protests, when every day produced new allegations of police brutality and overreach. A more detailed proposal came in September in the form of a plan to spend “$100 million on BIPOC [Black, Indigenous, and People of Color] communities. Specifically, Durkan proposed setting $100 million aside in next year’s budget until a task force appointed by the mayor comes up with recommendations for spending it.

To pay for such a large line item in a year of budget cuts, Durkan’s budget plan relies on revenues from the JumpStart payroll tax, which the council allocated to COVID-19 relief and homelessness and housing projects.

Separately, Durkan’s plan also eliminates $10 million the council allocated this year to scale up community-led alternatives to policing. And it “abandons” $30 million that was allocated to equitable investment projects during the sale of the Mercer Megablock property and spends these “flexible funds” on “critical City services in the 2020 Revised Budget and 2021 Proposed Budget.”

The clawback of the Megablock proceeds is perhaps the clearest case of a promise broken. Just last year, Durkan stood in a vacant lot in South Lake Union—at the time, one of the largest and most valuable publicly owned properties in the city— and announced that proceeds from the $143 million sale would help fund affordable housing and other projects that combat displacement in gentrifying areas. “I believe that years from now, people will look back at this chance and say we seized an incredible opportunity to make our City better by reinvesting the proceeds directly in housing across Seattle,” Durkan said at the time.

Support PubliCola

PubliCola is supported entirely by generous contributions from readers like you. If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going—and expanding!

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. We’re truly grateful for your support.

This funding promise was one reason progressive groups like Puget Sound Sage did not vocally oppose the project, council member Lisa Herbold noted Thursday. She joined council members Tammy Morales, Andrew Lewis, and council president Lorena González in supporting a proposal by Kshama Sawant to restore funding for the projects promised as part of the Megablock sale last year.

2. Herbold’s proposal to create a new “duress” defense for some people facing misdemeanor charges won’t be heard until after the council adopts the 2021 budget. On Wednesday, González said council staffers were already overloaded with more than 120 budget amendment requests from members.

She also questioned whether Herbold’s proposal—which Herbold says would save the city money by reducing the number of jail beds it has to pay for—is truly budget-related. And she suggested it might not actually save much money, because former mayor Mike McGinn signed a long-term jail contract that commits the city for 30 years to paying for jail beds that they aren’t using now. Continue reading “Morning Fizz: Will Durkan Veto the Council’s Budget?”

Next Month, King County Voters Will Decide On the Future of the Sheriff’s Office. Here’s What’s at Stake

by Paul Kiefer

A pair of amendments to the King County charter on the ballot next month open a door for significant reshaping of the King County Sheriff’s Office (KCSO). The measures have sparked two opposition campaigns — one closely tied to the King County Police Officers’ Guild (KCPOG), which represents sheriff’s officers — that have cast the amendments as radical attacks on law enforcement, while the measures have received limited vocal support from the most prominent local police accountability advocates.

The first amendment, Charter Amendment 5, would make the King County Sheriff an appointed, rather than elected, position. The second, Charter Amendment 6, would grant the King County Council the ability to set the structure and duties of the sheriff rather than relying on the duties specified in the state code. While the amendments’ sponsors, including council members Rod Dembowski and Girmay Zahilay (who wrote a PubliCola op ed supporting it), crafted the ballot measures to stand independently of one another, their practical implications and political significance have bonded the two measures together. In fact, in a July 14th council meeting, council member Claudia Balducci called them the legislative equivalent of a “Reese’s peanut butter cup”: a natural pair.

For their most vocal proponents, namely Dembowski and Zahilay, the amendments are vital steps towards an accountable sheriff’s office with a more appropriate scope of duties and a sheriff that better represents the needs of the King County residents they serve. The opponents of the amendments, including the sheriff’s guild, cast the measures as part of the broader “defund” movement to undermine law enforcement and as a power grab by the executive and the council.

As contemporary as those arguments may seem, they’re part of a longstanding debate in King County. In November, voters will face a choice between two paths for KCSO; both have been tested in the county before, and neither has transformed the department in the ways the amendments’ opponents fear or the ways their champions hope.

Continue reading “Next Month, King County Voters Will Decide On the Future of the Sheriff’s Office. Here’s What’s at Stake”

Sterling Harders: Proposed State Funding Cuts Would Harm Patients, Essential Health Care Workers

The 45,000 in-home and nursing home caregivers of SEIU 775 have always been on the front lines of health care. We’re the first ones to know if our clients are coughing or running a fever. We know when the person we care for seems dizzy, or when their appetite is off. We know first because we’re inside of their homes providing health care, preparing food, and cleaning surfaces, giving invaluable care to the most vulnerable people in our communities. We keep those who want to stay in their homes out of costly institutions, and care for those who require nursing home care to stay healthy.

Caregivers didn’t stop providing care during the coronavirus pandemic, despite a glaring lack of PPE in the first few months. Nelly, a caregiver in Yakima, lives with her client. When everyone in Nelly’s home, including Nelly, tested positive for COVID-19, she continued providing care and kept her vulnerable client out of the hospital.

The proposed Washington State Department of Social and Health Services (DSHS) cuts would kick 10,000 seniors and people with disabilities off home care, and put more than 10,000 caregivers out of work when we can least afford to lose more jobs.

Caregiving is essential. Yet it has been consistently devalued because of systemic racism and sexism. Like farm workers and domestic workers, caregivers were deliberately excluded from the worker protection laws created after the Great Depression. We were excluded because of who we are and what we look like—predominantly women, including black women, women of color and immigrants. Caregivers had to fight to win basic standards like minimum wage, the right to a union, and even the right to protection from harassment and discrimination long after other workers won those rights.

When the coronavirus hit, the caregivers of our union immediately started negotiating with the state for COVID protections. We were the first caregivers in the country to win hazard pay. But everything we’ve won—not just hazard pay but our health care, our wages, and our jobs themselves—are at risk due to the economic crisis brought on by the pandemic.

There are about 30 million people unemployed in this country, including half a million people in Washington State. Millions more are risking their lives going to work every day—not just caregivers but grocery workers and farmworkers and delivery drivers—and these folks are often working for near poverty wages. Yet with looming budget shortfalls facing our state, what’s on the table for caregivers? Cuts. The state is trying to find revenue by proposing massive, devastating, offensive cuts.

The proposed Washington State Department of Social and Health Services (DSHS) cuts would kick 10,000 seniors and people with disabilities off home care, and put more than 10,000 caregivers out of work when we can least afford to lose more jobs. The cuts to wages and benefits could result in a loss of $1,300 a year for a full-time caregiver. In nursing homes, perhaps the most dangerous place to be during a global pandemic, DSHS has proposed cutting funding by $240 million dollars per year. Continue reading “Sterling Harders: Proposed State Funding Cuts Would Harm Patients, Essential Health Care Workers”

Anne Levinson: For Real Police Accountability, Here Are Two State Laws We Must Change

By Anne Levinson

In early June, as Seattle residents protesting police brutality were being met daily with disproportionate and seemingly indiscriminate force by law enforcement, several current and former elected officials reached out to me asking what state legislators could do in the next session to strengthen accountability in law enforcement.

It was a question I welcomed. During two terms providing independent oversight for Seattle’s police accountability system, I had reviewed thousands of misconduct complaints and investigations, observed dozens of police trainings, conducted a special review of Seattle’s police disciplinary system, issued reports highlighting needed accountability system reforms, identified for the city in detail the provisions in the police contracts that had tilted the system and were detrimental to the public, and helped draft and secure passage of the 2017 police accountability ordinance.

And when a new Seattle Police Officers Guild (SPOG) contract was ratified in the fall of 2018, over the unanimous objections of more than 30 community organizations, I provided expert witness testimony, explaining to the judge overseeing the federal consent decree the ways in which the contract threatened to corrode community trust and confidence. The judge agreed, finding the City partially out of compliance with the consent decree in May 2019 and directing the City to tell the court by that July how it planned to remedy the identified barriers to accountability.

A year later, in May 2020, the city had still not submitted its plan to the court and yet it asked the court to largely end the consent decree. Then the demonstrations began.

So when I was asked that question last June—with a governor, Senate and House leadership, committee chairs, and other legislators interested in police reform; many labor leaders no longer accepting the proposition that they couldn’t be both pro-police reform and pro-labor; and the city still out of compliance with the consent decree—it was clear that the time had come for the state to lead.

Several potential state-level reforms were already garnering public attention in our state and elsewhere, including truly independent investigations of deadly-force incidents; qualified immunity reform; demilitarization of police; reforms to the inquest process; elimination of no-knock warrants; and establishing a statewide public database on use of force.

But there are two other reforms I had  recommended that have not gotten much public attention until recently: (1) Removing police accountability from the collective bargaining process; and (2) Strengthening the law for officer decertification to address serious misconduct. Each is critically important and long overdue.

First, the state must clearly exempt police misconduct and disciplinary systems from Washington collective bargaining law so that every local and state law enforcement agency can establish strong, effective, and transparent accountability mechanisms that serve the public as they should, rather than continuing to provide only as much accountability as police unions will accept.

Police are not the same as other public sector employees. Others aren’t required to carry and use guns. They haven’t been given broad discretion to take your liberty and sometimes your life. It’s why there is a separate accountability system to address misconduct. And it’s why there is a consent decree. The provisions in police contracts can have very different impacts on the public than similar provisions in other public sector contracts.

Across the country, police contracts no longer just address wage, benefits, and other subjects traditionally thought of as “working conditions,” as other labor contracts do. Instead, police contracts have been used to shield officers from accountability when misconduct occurs, diminish transparency, and preclude or weaken civilian oversight. It’s why I so strongly opposed ratifying Seattle’s police contracts in 2017 and 2018 and weighed in on behalf of the community to the federal court.

These barriers to accountability—and others—were brought to the attention of city officials, and many were addressed in the ordinance. And yet, unbeknownst to the public, the reforms never took effect because of what the city later agreed to in the police contracts.

Here are a few examples of provisions in Seattle’s police contracts that impede accountability and walk back reform efforts.

The contracts reinstated officers’ ability to appeal discipline through multiple routes, including to an outside arbitrator. (Eliminating this ability was a priority in the 2017 accountability ordinance). As reform advocates, chiefs, and local elected officials have seen in thousands of cases across the country, arbitrators routinely substitute their own judgment on discipline, overturning chiefs’ decisions, ordering officers who committed serious misconduct to be reinstated.

This weakens the chief’s power to hold officers accountable in line with public expectations, allowing arbitrators to overturn disciplinary decisions for any number of reasons, including minor procedural issues, even in cases where the chief’s decision is supported by a preponderance of evidence. It allows hearings to be closed to complainants, the public, and the media, and allows months, if not years, of delay before appeals are resolved. As of August, Seattle has 80 appeals pending, some going as far back as 2016.

What other barriers to accountability are buried in Seattle’s police contracts? If a complaint of misconduct involving dishonesty or excessive force is not made within a certain period of time, or if a complaint isn’t fully investigated within 180 days, the officer cannot be disciplined, regardless of the misconduct or the reason for the delay. How the days are counted is filled with vague conditions constantly subject to challenge.

There’s more. The burden of proof required to prove misconduct has been raised to an undefined “elevated” standard for any termination that results from misconduct that could be considered “stigmatizing” to the officer. Only certain misconduct complaint and investigation files are retained; others must be purged. Civilian oversight is limited when the alleged misconduct is criminal, even though these cases often involve the most serious types of misconduct. Civilian oversight subpoena authority has been narrowed. Officers are allowed to use vacation and sick leave when the discipline is supposed to be days without pay. Officers under investigation – and their union representatives – are allowed to withhold relevant information during the investigation and raise it later, as evidence to challenge discipline. Officers’ names must be redacted when case information is made available to the public.

And more. The long-recommended oversight of secondary employment (off-duty work as an officer) by independent, civilian management was never implemented. Instead, it was included in the SPOG  contract and then rolled back. There are limitations on the number of civilian investigators. Different ranks are treated differently. And there are even contract provisions that require the public to pay for a large part of the union president’s salary.

These barriers to accountability—and others—were brought to the attention of city officials, and many were addressed in the ordinance. And yet, unbeknownst to the public, the reforms never took effect because of what the city later agreed to in the police contracts.

In court filings, the city argued that all these types of police contract provisions are commonplace. The success of police unions in embedding structural barriers to accountability across the country is thus ironically used as a reason to stifle reforms. The city also argues that the public and the judge should understand that police contracts continue to have these provisions because the nature of bargaining requires give-and-take. That is exactly the problem.

Police, like all employees, deserve contracts that provide for fair wages, benefits, and good working conditions. But there is no reason to continue to accept the argument that standards and practices to address police misconduct must be considered “working conditions” that cannot be determined by police management and local government leaders outside the bargaining process.

Police have been granted extraordinary powers to use discretion in a range of ways that have enormous impact on the public, including taking away liberty and the use of deadly force. Legal and procedural safeguards against police abusing these powers in ways that undermine public trust should not be subject to the give and take of bargaining. Nor should the public have to pay so that their community can receive constitutional, effective, and respectful policing.

Support PubliCola
PubliCola is supported entirely by generous contributions from readers like you. If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going—and expanding!

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. I’m truly grateful for your support.

Second, the state must completely overhaul the law enforcement decertification law.

Washington is one of 45 states that require law enforcement officers to be trained and licensed (“certified”), with standards for revoking that license (“decertified”), as many other professionals must be

How and when decertification happens is fundamentally important to accountability. If an officer is fired or convicted of a crime, but not decertified, the officer can simply go to another law enforcement agency. Washington’s law for decertifying officers is limited in scope and riddled with loopholes that allow problematic officers to move from department to department with impunity or to avoid accountability if their agency does not act.

Back in early 2014, when providing independent oversight of Seattle’s police accountability system, I recommended that Seattle work with other cities and counties and the state legislature to overhaul the law. We also included reform of the decertification law in the city’s 2017 accountability ordinance. But the city never really took it on. So when asked what police reform the legislature should prioritize in the next session, significantly overhauling the decertification law was also at the top of my list. Senator Jamie Pedersen, Chair of the state Senate’s Law & Justice Committee agreed, and in early June offered to be the prime sponsor of a bill that will enact a wide range of reforms.

To really remedy the gaps and loopholes that make Washington’s law—and most all decertification laws in other states—so ineffective, improving one or two elements of the law is not enough. So I’ve recommended many changes, starting with making sure that the grounds for decertification cover the wide range of misconduct that should result in an officer losing their license.

Continue reading “Anne Levinson: For Real Police Accountability, Here Are Two State Laws We Must Change”

“Out-of-Order” Layoffs at Center of Police Defunding Debate

Seattle police chief Carmen Best

By Paul Kiefer

For the past several weeks, Mayor Jenny Durkan and Seattle Police Chief Carmen Best have argued that the City Council’s plan to reduce SPD’s budget through targeted layoffs would be infeasible and potentially illegal. Council members say that isn’t true, and argue that the mayor and police chief are digging in their heels because they don’t want to do any layoffs at all.

The council’s proposal would use a series of provisos (legally binding restrictions on spending) to eliminate 70 sworn staff, although the council assumes some of this reduction would be through higher-than-normal attrition. The cuts would come both from specific areas—such the elimination of the Navigation Team—and SPD’s general budget. Council members have suggested that the police department prioritize officers with multiple sustained misconduct complaints when making discretionary layoffs.

The mayor and police chief have said labor rules require SPD to lay off its newest hires first. Those rules are the purview of the Public Safety Civil Service Commission (PSCSC): a three-member quasi-judicial body with one member appointed by the council, another by the mayor, and a third elected by the city’s civil service employees.

Support The C Is for Crank

The C Is for Crank is supported entirely by generous contributions from readers like you.

If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going.

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. I’m truly grateful for your support.

Implementing the PSCSC rules as written would require laying off the youngest, most diverse group of recruits in SPD’s history—a group, Durkan said during a press conference Wednesday, who “joined the force knowing that [SPD was] under federal oversight” and are therefore “committed to reform.”  Conversely, doing layoffs out of order would require eliminating the jobs of more white men—a move that Durkan and Best argue could constitute racial discrimination against white officers.

“You can’t make layoffs based on race,” Chief Best said during a press conference Thursday. “I think the [council’s] request would be to skip over some folks in order to retain people based on race and I don’t think that’s allowable.”

“The executive and council should work together to figure out how to use it to meet our shared objectives, and we should not start with the supposition that a rule that exists to be used can’t be used.”—Seattle City Council member Lisa Herbold

Best isn’t alone in this concern. In a council discussion of the proposal late last month, council member Debora Juarez said out-of-order layoffs could constitute “discrimination based on age and sex” and a violation of the 14th amendment. “The means doesn’t always justify the ends if it’s illegal,” Juarez said.

Council member Lisa Herbold, who chairs the council’s public safety committee, and the other council members who support the proposed cuts, are counting on a rarely (if ever)-used clause in the PSCSC’s rules that allows the police chief to request the permission of the PSCSC director for out-of-order layoffs if they would serve the “efficient operation” of the department.

The problem, according to a letter that Office of Labor Relations director Bobby Humes sent to Durkan’s office on Tuesday, is that “[t]his rule has never before been cited or tested, and there is no definition of what the ‘efficient’ operation of the department looks like.”

However, it’s unclear that it’s true that the rule hasn’t been tested; on Wednesday, for example, Durkan said the rule has “historically been used” for individual layoffs. And Durkan’s assertion that Best would “have to justify every single” request for an out-of-order layoff is somewhat at odds with Humes’ memo, which only mentions a possibility that Best may have to justify each individual layoff.

“The [council’s] request would be to skip over some folks in order to retain people based on race and I don’t think that’s allowable.”—Seattle Police Chief Carmen Best


A memo explaining the mayor’s position on out-of-order layoffs distributed to members of the media this week does not list legal precedents to back her statement that out-of-order layoffs would need to be argued individually.

In a press conference with council president Lorena Gonzalez and council member Tammy Morales on Thursday, Herbold responded to some of the mayor and police chief’s claims, starting with Durkan’s claims that out-of-order layoffs are impossible. “The rule exists, and thus it can be used,” said Herbold. “The executive and council should work together to figure out how to use it to meet our shared objectives, and we should not start with the supposition that a rule that exists to be used can’t be used.”

Herbold added that she and her colleagues hope to collaborate with Best to craft the requests for out-of-order layoffs to be sent to PSCSC Director Laura Scheele. The question now, according to Herbold, “is whether [Best] will work with us in developing a request… that has the best chance to preserve the diversity of the police department in a way that is constitutional, legal according to labor law, does not choose layoffs by race, and preserves the efficient functioning of the department as the rule itself requires.”

Best has not yet said whether she would be willing to bring a request for out-of-order layoffs to the PSCSC. At Thursday’s press conference, she said that the council had not asked her to sit down with them (although the council has talked to other members of SPD’s command staff), and said “it definitely feels very personal to me.”

Herbold and her colleagues are still working with the city’s law department to review their options for arguing that out-of-order layoffs serve the “efficient operation” of SPD. She says one of the council’s proposed strategies– targeting officers with extensive records of complaints – would be based on the argument that the time and resources spent processing complaints, disciplinary actions, and appeals undermine the department’s efficiency. However, Herbold acknowledged that the council will have to grapple with the possibility that their strategy will be challenged on the grounds that it involves punishing officers twice for the same offense, which could be illegal.

At the front of Herbold’s mind, however, is convincing Best to bring requests for out-of-order layoffs to PSCSC Director Laura Scheele. “She’s the one who has to make the argument,” says Herbold. “She runs the department, so she’s best placed to make the argument.”

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

By Erica C. Barnett

This piece originally appeared at the South Seattle Emerald.

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

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

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

Support The C Is for Crank

The C Is for Crank is supported entirely by generous contributions from readers like you.

If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going.

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. I’m truly grateful for your support.

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

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

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

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

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

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

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

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

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

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

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

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

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

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