Category: labor

Can the the Seattle Police Department Consent Decree Be Fixed?

Dr. Antonio Oftelie speaks to the Seattle Community Police Commission in May 2021.

By Paul Kiefer

On Tuesday, the Seattle City Council rejected a proposal to cut $2.83 million from the Seattle Police Department’s budget, bringing an end to a months-long debate and raising questions about whether federal oversight is the right path toward reforming the department.

For almost a decade, SPD has been under federal oversight through an agreement with the US Department of Justice called a consent decree. The consent decree, which Seattle entered in 2012, was supposed to ensure that SPD corrected a pattern of using unjustified force and racially biased policing, among other reforms.

But after nearly a decade, a growing contingent within city government and activist circles are questioning whether the consent decree is capable of changing SPD for the better.

Earlier this week, Councilmember Lisa Herbold was unable to pass legislation cutting millions from SPD’s budget thanks in large part to opposition from SPD and the court-appointed monitor tasked with tracking reforms, Dr. Antonio Oftelie. Herbold initially prosed cutting $5.4 million from the police budget to offset SPD overspending in 2020, and to channel resources to next year’s participatory budgeting program. 

When the plan finally fizzled on Tuesday, many who support additional cuts to the department’s budget blamed Oftelie and the consent decree. “We are seeing the consent decree being wielded as an obstacle to community demands to divest from policing and invest in community safety,” said Angélica Cházaro, a University of Washington professor and organizer with the activist group Decriminalize Seattle, “when in reality the surest way to address issues of racial profiling, use of force, and other violations of constitutional rights by cops is to reduce police power and contact and ensure that communities have what they need to be safe, survive, and thrive.”

“Seattle, as a city, has never come forward to the monitoring team to offer a new solution to a problem. My sense is that if the city could design some alternative response solutions and had plans to show how those were real solutions, then the court and DOJ would be amenable to that.”—federal monitor Antonio Oftelie

Herbold has occasionally joined those critics. During a public safety committee hearing on May 25, for example, she commented that she “often feels hampered by the consent decree because it requires us to get court approval before making any changes.”

Oftelie, however, argues that dismissing the consent decree as an obstacle overlooks its unused potential. At its most basic level, Oftelie told PubliCola, the agreement establishes “a floor” for new policies, better training, and more “constitutional” policing. “Everything can be built on that floor. If Seattle wants to be innovative and transformative, there’s room,” he said. Those reforms could include the creation of a larger-scale civilian unit to respond to mental health crises, or stricter regulation of police officers’ off-duty work.

And while the consent decree outlines a way to add new language to agreement that reflect newer priorities for reform, Oftelie says that Seattle hasn’t taken advantage of that provision.

“Seattle, as a city, has never come forward to the monitoring team to offer a new solution to a problem,” he said. “Some parties in Seattle say, ‘we can’t do something because the consent decree won’t allow it. Or they’ll say, ‘we want the consent decree to do something that it’s not doing at the moment.’ My sense is that if the city could design some alternative response solutions and had plans to show how those were real solutions, then the court and DOJ would be amenable to that.”

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

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.

In order to propose a revision to the consent decree, the mayor and the council would need to agree about the goals and details of the change. Some simpler changes, like replacing out-of-date and ineffective technology used to flag officers who are more likely to use excessive force, would only require the city to identify better software; others, like adjusting the consent decree to require a large-scale civilian crisis response program, would require lengthier debates and pilot programs to produce a workable proposal for the court and DOJ.

Seattle Mayor Jenny Durkan’s office did not respond to PubliCola’s request for comment about whether her office would support any changes to the consent decree. Herbold, however, said that she is open to proposing changes to the consent decree—so long as the changes aren’t up to the council or the mayor’s office.

Continue reading “Can the the Seattle Police Department Consent Decree Be Fixed?”

Another Sweep in Ballard, Durkan Will Help Choose New Public Health Director, Anti-Union Group Launches Unhinged Attack

1. The city’s removal of a small encampment near Reuben’s Brews in Ballard, part of several scheduled encampment sweeps this week, cleared a sidewalk in front of one business while, less than a block away, other people living in other tents were left alone for now. The city, as we’ve reported, is increasing the pace of encampment sweeps to previous, pre-COVID levels, using a reconfigured and renamed Navigation Team (now known as the HOPE Team) to do outreach and tell people about available shelter beds before they have to leave.

The city prioritizes encampments based on a number of factors, but one is “emergent complaints” from businesses and housed neighborhood residents who contact the city.

Ballard is full of encampments, because Ballard is full of people who have nowhere to live. A spokeswoman for Mayor Jenny Durkan’s office said the city “requested that outreach efforts… intensify this week with the goal of getting all who are onsite situated into shelter and on a path towards a permanent housing solution,” which suggests that the city has sufficient, desirable shelter and “permanent housing solutions” for everyone who is willing to accept its help.

This, of course, is not true. Although the city has now separated the work of the renamed Navigation Team from actual encampment sweeps (which are performed by Parks cleanup crews), the effect of doing outreach (or, controversially, directing nonprofits that serve specific subpopulations to do the work for them) prior to a sweep, the result is still that people pack up and leave because they know a sweep is coming.

In language strikingly similar to the city’s standard response about Navigation Team actions prior to the pandemic, the spokeswoman said, “the HOPE Team has made at least 130 referrals to shelter from high-priority sites such as Rainer Playfield, Miller Park, University Playground, Gilman Playground, Albert Davis Park, and Broadway Hill.”

Some do go into shelter (the HOPE Team has exclusive access to a large number of beds that aren’t available to other outreach teams); according to the mayor’s office, the outreach provider REACH offered shelter to eight people remaining onsite, and two “accepted shelter referrals.” (Referral “acceptance” is not the same thing as checking in to a shelter.)

In language strikingly similar to the city’s standard response about Navigation Team actions prior to the pandemic, the spokeswoman said, “the HOPE Team has made at least 130 referrals to shelter from high-priority sites such as Rainer Playfield, Miller Park, University Playground, Gilman Playground, Albert Davis Park, and Broadway Hill. A referral indicates that an individual experiencing homelessness has accepted an offer of shelter and they have been connected to an open shelter resource. The majority of these referrals have been into new hotel-based shelter resources.” 

Those resources consist primarily of about 140 beds at the downtown Executive Pacific Hotel. (Another hotel, King’s Inn, is for American Indian and Alaska Native individuals and is currently full.) As of January 2020, there were at least 12,000 people experiencing homelessness in King County.

The actual selection of a new Public Health director, however, will be up to two elected officials, Seattle Mayor Jenny Durkan and King County Executive Dow Constantine. Constantine is up for reelection in November and has an opponent, state Sen. Joe Nguyen. Durkan is leaving.

2. King County Public Health Department director Patty Hayes announced her retirement this week after seven years in the position; Dennis Worsham, the director of the department’s Prevention Division, will be her interim replacement. The county also announced an advisory committee of stakeholders that will “inform the process for recruiting and selecting the next permanent director.”

The actual selection, however, will be up to two elected officials, Seattle Mayor Jenny Durkan and King County Executive Dow Constantine. Constantine is up for reelection in November and has an opponent, state Sen. Joe Nguyen. Durkan is leaving.

Constantine has been lauded for the county’s timely, prudent public health response during the pandemic, thanks in huge part to the now nationally-recognized leadership of public health officer Jeff Duchin.

The same can’t be said of Durkan, who spent millions renting a hotel for first responders that stood empty while homeless people languished in encampments and crowded shelters; belatedly rented two shower trailers at an astronomical cost while King County deployed similar units at a fraction of the cost; closed restrooms throughout the city and replaced them with unsanitary “sanicans”; delayed the deployment of sinks for people to wash their hands, arguing that “Purell on a pole” could serve the same purpose at lower cost; and resisted providing hotel rooms for people living unsheltered, despite ample evidence that private rooms improve public and individual health for people experiencing homelessness.

PubliCola asked the health department about the timeline for choosing a new director; James Apa, a spokesman for the department, said that’s up in the air, but that the committee should interview finalists “by the end of the year.” Since the mayoral election is November 3, I asked whether the mayor-elect will have a role in the selection process between their election and when the new mayor takes office next January. Apa responded, “We’ll have a better sense of timeline when recruitment begins, and that will determine who’s involved in decision-making.”

3. The Freedom Foundation, an anti-union, anti-government, anti-tax group whose tactics include lawsuits, public relations campaigns, and pressure tactics to convince workers to leave their unions, has turned their sights on MLK Labor Council executive secretary-treasurer Nicole Grant, urging union members to “stop supporting Nicole Grant” by opting out of their union membership. Continue reading “Another Sweep in Ballard, Durkan Will Help Choose New Public Health Director, Anti-Union Group Launches Unhinged Attack”

Weekend Fizz: Capital Gains Tax Moves Forward, Council Staffers Unionize, and Echohawk Challenged on Initiative Support

1. The Senate Democrats weren’t ready to sign off on the version of the historic capital gains tax legislation (SB 5096) that House Democrats passed earlier this week. So the bill’s prime sponsor, Sen. June Robinson (D-38, Everett) and Sen. Jamie Pedersen (D-43, Seattle) met with House Finance Committee Chair Rep. Noel Frame (D-36, Seattle) and House Majority Leader Pat Sullivan (D-47, Covington) to hammer out a compromise version.

On Friday evening, Democrats sent the revised version to the Senate. Both of the House’s referendum protections remain intact in this new version: The Democrats preserved language that says the tax is “necessary” for the government to function and dedicated the first $500 million in revenues from the tax to fund the Education Legacy Trust Account, which locks in the “necessity” clause (under the state constitution, education is the “paramount duty” of the state). Any excess revenue from the tax will be dedicated to an account that funds public school construction.

The new tax is expected to bring in about $445 million during the 2021-23 biennium, $981 million in the 2023-25 biennium, and $1.06 billion between 2025 and 2027.

The bill now includes a new tax deduction for people who donate to charity—a GOP idea that had not made it into any version of the bill until now.

After the meeting, Pedersen told PubliCola his Democratic colleagues added the deduction to get enough votes to pass the bill, saying, “Now it looks like we will be able to get it through both chambers.”

2. After more than a year of negotiations, the Seattle City Council’s central staff—a group of about 30 legal, economic, and policy wonks who draft and analyze legislation for the council—have joined the city’s PROTEC17 union.

Among other guarantees, their new contract increases their pay retroactively for 2019, 2020, and 2021 by 4 percent, 3.6 percent, and 2.9 percent, respectively, and bumps up the minimum maximum pay for their positions by the same percentage. Going forward, the minimum pay for a central staffer will be $42.20 an hour, or $87,776, and salaries will max out at $157,060.

3. Last week, mayoral candidate Andrew Grant Houston subtly tweaked one of his competitors, Chief Seattle Club director Colleen Echohawk, for supporting a proposed charter amendment on homelessness sponsored by a group started by former council member Tim Burgess, Compassion Seattle.

“A few people have asked, so we wanted to clarify that, no, Ace has never been formally or informally involved with the organization Compassion Seattle. We cannot speak for other candidates,” Houston tweeted. In response, a Houston supporter pointed out that the Echohawk campaign had apparently taken down a blog post supporting the initiative.

Asked why they took down the blog post, an Echohawk campaign spokesperson responded that the statement featured in the blog post is “all over social media and we’re hosting it on our Adobe Document cloud.” (True.) “So yes, the answer is we had it up on the blog, but took it down because we decided as a campaign to focus communications on social media as it is much more accessible and more people engage with the campaigns social accounts.”

The Chief Seattle Club works to shelter and house homeless Native people in Seattle. Echohawk’s campaign tweeted and did a Facebook post linking the full statement on April 3.

Findings Against Former Police Misconduct Investigator Highlight New Oversight Challenges

Protesters gather at Seattle City Hall on June 3, 2020 (Bruce Englehardt via Creative Commons)

By Paul Kiefer

As protesters began to trickle away from a Black Lives Matter protest in downtown Seattle on May 30, 2020, an unmarked Seattle Police Department cruiser waited at an intersection near  department headquarters while a small crowd of demonstrators crossed the street. “God, I fucking hate these people,” said one of the officers in the cruiser as the crowd passed.

A small gap opened in the crowd as the traffic light switched to yellow. The cruiser’s driver—a sergeant, and the most senior of the four officers in the car—flashed the car’s warning lights and accelerated towards the protesters in the crosswalk. A few marchers dove to safety, barely escaping the cruiser as it passed. Onlookers watched as the cruiser sped away. Inside the car, an officer laughed.

Now, misconduct allegations against the sergeant, and how the city handled them, help illuminate how the last year’s protests have pushed the city’s police oversight bodies into uncharted waters.

The case of a sergeant who drove through a crowd of protesters is an unusual example of an OPA staffer being investigated for misconduct—and a unique example of an OPA employee facing an investigation unrelated to their work with the oversight office.

Within months of the incident, the sergeant took a new position as a misconduct investigator with SPD’s Office of Police Accountability. At the time of his transfer, the sergeant’s disciplinary record didn’t raise any red flags. While OPA Director Andrew Myerberg has a hand in deciding which officers transfer to and from his office, he said he wasn’t aware that the sergeant had driven through a group of marchers at the start of last summer’s protests, so he gave his approval to the new arrival.

Then a witness filed a complaint with the OPA about the near-hit-and-run, calling the sergeant’s actions “completely unprofessional and terrifying.” Although the sergeant wasn’t an investigator when he drove the cruiser into the crowd, his case is an unusual example of an OPA staffer being investigated for misconduct—and a unique example of an OPA employee facing an investigation unrelated to their work with the oversight office.

The OPA handed the investigation into the sergeant’s misconduct to a relatively new office: Seattle’s Office of the Inspector General (OIG), an oversight agency that conducts audits of systemic or policy-based problems within SPD—and, in cases like that of the sergeant, investigates misconduct complaints against OPA staff.

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

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

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

The OIG’s ability to investigate OPA staff may help reveal some of OPA’s own vulnerabilities. As mandated by the city’s contract with the Seattle Police Officers’ Guild—Seattle’s largest police union—nine of the OPA’s 11 investigators are sworn police officers. The sergeant’s case revealed an inevitable challenge for the OPA: officers who transfer to the office from other roles in SPD may carry baggage, including a history of misconduct, that isn’t immediately apparent to the OPA director.

OIG’s ability to investigate OPA staff relatively quickly could improve Seattle’s police oversight system, but only if the OPA director has the power to remove problematic investigators from their staff. Whether the OPA director can successfully exercise that authority remains untested.

The sergeant also argued that his driving decisions weren’t a problem because they “worked out”—he hadn’t injured any demonstrators.

The OIG is not the first agency to investigate misconduct by OPA staff, but its creation by the Seattle City Council in 2017 vastly improved the efficiency of those investigations. Until 2017, Seattle’s Human Resources Department (or, in some cases, a private attorney) investigated most complaints against OPA staff. That structure was significantly slower than other misconduct investigations, in part because the investigators lacked significant experience in police oversight.

In findings released on April 7, Inspector General Lisa Judge ruled that the sergeant who drove through the crowd on May 30 had violated SPD’s standards for professionalism and safe driving. His decision to drive through a group of demonstrators, she wrote, “put an exclamation point on the community sentiment being expressed during [last summer’s] protests,” as did his failure to chastise his passengers for laughing as protesters dove to avoid their car. Continue reading “Findings Against Former Police Misconduct Investigator Highlight New Oversight Challenges”

Durkan Revisits Push to Move Parking Enforcement from Police to SDOT

Seattle Parking Enforcement Vehicle (Creative Commons License)

By Paul Kiefer

Six months after the Seattle City Council voted to move the city’s parking enforcement officers from the police department to a new Community Safety and Communications Center by June, Mayor Jenny Durkan and Seattle Department of Transportation (SDOT) Director Sam Zimbabwe hope the council will revisit their decision. On Tuesday, Durkan’s office transmitted legislation to the council that would move the roughly 100 parking enforcement officers to SDOT instead, arguing that SDOT is better equipped to manage parking enforcement.

But the proposal is an unwanted case of déjà vu for the Seattle Parking Enforcement Officers’ Guild (SPEOG), the union that represents the officers. When the council was considering opportunities to shift some positions and responsibilities away from the Seattle Police Department as part of the larger conversation about defunding SPD last fall, SPEOG leadership lobbied the council to move them into the Community Safety and Communications Center, arguing that the placement would signal the parking officers’ role in the city’s re-imagined approach to public safety.

SPEOG’s lobbying efforts worked on the council, which passed legislation in November creating the Community Safety and Communications Center to house both the city’s 911 call center and the parking enforcement unit. But they didn’t convince Durkan or SDOT, which maintained that SDOT would be a more appropriate home for parking enforcement and assembled a team of staff members to prepare for the “technical, operational and human resource” challenges involved in absorbing the parking enforcement unit into their own department.

In a letter to council members on Tuesday, Zimbabwe reiterated his arguments from last year, arguing that SDOT can offer its existing human resources staff, safety office, and budget staff to the parking enforcement unit, as well as the department’s “fleet management infrastructure,” including electric car charging stations that could serve parking enforcement vehicles. “No comparable resources will be as readily available to Parking Enforcement should they not come to SDOT,” he wrote.

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

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

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

 

But convenience is not the main reason Zimbabwe says he wants to move the parking enforcement unit to SDOT, he told PubliCola. “First and foremost, I think the most important thing is the alignment of our policymaking about curbside management and the enforcement of those policies,” he said—in other words, the people who create the policies should also be in charge of enforcing them. Housing the two functions in separate departments, he added, “leaves a lot more gray areas about who is supposed to be doing what.”

In his letter, Zimbabwe wrote that consolidating parking enforcement into SDOT is a matter of conforming with “national best practices,” citing nearly a dozen examples of cities that successfully shifted parking enforcement from police to their transportation departments.

Though conversations within SDOT about renewing the push to absorb parking enforcement began months ago, SPEOG president Nanette Toyoshima told PubliCola that her union was caught off-guard when they learned about Zimbabwe and Durkan’s intentions. “We didn’t know until maybe a week and a half ago,” she said. “It came as a shock, but maybe it shouldn’t have. We got an ordinance that said, ‘set up parking enforcement in the Community Safety Communication Center,’ and then we saw not one bit of work done towards moving that plan forward.”

Continue reading “Durkan Revisits Push to Move Parking Enforcement from Police to SDOT”

Afternoon Fizz: Sheriff Fires Deputy, New Director Lays Out Plans for Homelessness Authority, City Reinstates 72-Hour Parking Rule

King County Regional Homelessness Authority director Marc Dones

1. King County Sheriff Mitzi Johanknecht will fire a detective for failing to follow basic de-escalation policies and for “extremely poor tactical and officer safety decisions” before fatally shooting a car theft suspect near Enumclaw in 2019.

Detective George Alvarez is a 21-year veteran of the sheriff’s office with a lengthy use-of-force record, including five shootings and a criminal charge for assaulting and threatening an informant in 2003. In November 2019, Alvarez and his partner, Detective Josh Lerum, were driving an unmarked car when they spotted 36-year-old Anthony Chilcott, wanted for stealing an SUV and a pet poodle, driving in rural southeastern King County. Earlier that day, Chilcott had evaded a Washington State Patrol officer, but when the detectives found him, he had parked next to a power station to smoke a cigarette. At the time, Johanknecht wrote, “there was no imminent risk” to members of the public.

Nevertheless, without consulting with Lerum or waiting for backup, Alvarez decided to pull within inches of Chilcott’s driver’s-side door, sparking a confrontation that ended with both detectives shooting Chilcott in the head. Neither detective was wearing a sheriff’s uniform, and witnesses at a bus stop nearby told investigators that they didn’t initially realize that the pair that rammed the stolen SUV across the road and broke the driver’s-side window with a sledgehammer and the butts of their handguns were police officers.

In a letter to Alvarez explaining her decision, Johanknecht emphasized that she did not decide to fire him for the shooting itself, but for his decisions that led up to the shooting. “You did not use the opportunity you had to slow things down,” Johanknecht wrote. “The urgency here was created by your actions, not the actions of the suspect.” Johanknecht and other department leadership also called into question Alvarez’s claims that Chilcott posed an “immediate danger” to witnesses at a bus stop nearby. Instead, Johanknecht argued that Alvarez’s actions had placed bystanders—and Lerum—in danger by sparking an unnecessary confrontation with Chilcott.

For his part, Lerum received a written reprimand for not wearing his ballistic vest or clothing identifying himself as a law enforcement officer during the encounter.

In a press release on Thursday, King County Sheriff’s Office spokesperson Sergeant Tim Meyer drew a parallel between Chilcott’s death and the failed sting operation in 2017 during which plainclothes sheriff’s deputies shot and killed 17-year-old Mi’Chance Dunlap-Gittens on a residential street in Des Moines. King County agreed to pay a $2.25 million settlement to Dunlap-Gittens’ family in May 2020; however, according to Meyer, Alvarez is the first officer whom Johanknecht has fired for misuse of force or failure to de-escalate since taking office in 2017.

Cooper Offenbecker, an attorney representing Alvarez, told the Seattle Times that his client intends to appeal Johanknecht’s decision.

According to Rachel Schulkin, a spokeswoman for Mayor Jenny Durkan’s office, the city “will not immediately resume issuing citations starting April 1 and will instead have a grace period in which we remind the public about the parking rules.”

2. In a media availability this week, new King County Regional Homelessness Authority director Marc Dones said they intended to “allow for regional variations” in how various parts of King County respond to homelessness, giving the example of a “mega-shelter in Black Diamond” as something that “would not make sense” as part of a regional response. “I don’t see this job as being about running roughshod or issuing policy fiats; it will be about building things together,” they said.

However, Dones added, they are not interested in promoting the narrative that Seattle is somehow producing homelessness or generating the region’s homeless population; cities are natural “draws” for people experiencing homelessness in nearby areas, they said and “there is a natural pull to where there are services. We see this in jurisdictions across the country—people go where they think they can get the help they need.” Continue reading “Afternoon Fizz: Sheriff Fires Deputy, New Director Lays Out Plans for Homelessness Authority, City Reinstates 72-Hour Parking Rule”

Morning Fizz: Echohawk Campaign Says “Paperwork” Delayed Consultant Payment, Durkan Lowballs COVID Stipends, Echohawk Distances Herself from Durkan, and a COVID Outbreak In Jail

Maleng Regional Justice Center; photo via kingcounty.gov

1. Last week, a Black political consultant, Crystal Fincher, tweeted about an unnamed mayoral campaign “trying to stiff a BIPOC firm for services provided.” She didn’t name the campaign, but the firm was obviously Upper Left Strategies, a Black-owned local campaign consulting business. The campaign, it turns out, was that of mayoral candidate Colleen Echohawk.

Echohawk had been working with Upper Left until she replaced them with the Mercury Group, led by former Mike McGinn strategists Bill Broadhead and Julie McCoy, who are white.

Another Echohawk consultant, John Wyble, said the payment to Upper Left—according to campaign disclosure documents, about $15,000—was held up by “paperwork” that the departing consultants needed to sign; although neither Echohawk nor Wyble would elaborate on the kind of paperwork the campaign wanted its former consultants to sign (and Upper Left principal Michael Charles did not respond to calls).

Echohawk confirmed that her campaign did require the consultants to sign a nondisclosure agreement, which she characterized as “standard.”

Other consultants PubliCola asked in general terms about NDAs said they had never had to sign an NDA for a political candidate, although they are fairly common with corporate clients.

2. On Tuesday, Echohawk called on Mayor Jenny Durkan to use FEMA emergency dollars or other sources to move dozens of people living in and around Miller Park, on Capitol Hill, into shelter or housing instead of removing them. Capitol Hill Seattle reported that Durkan’s office said they would not rule removing the encampment if people “refuse” to accept the services on offer, which is basically the administration’s pre-pandemic approach to park encampments.

What’s interesting about Echohawk’s statement, which was prompted by what Echohawk called “the rumbling of a sweep,” was that it represents a clear attempt to distance herself from Durkan, with whom Echohawk and the homeless service organization she runs, Chief Seattle Club, has been a frequent ally, going back to Durkan’s first days in office.

Echohawk didn’t disagree with the idea that the park, which includes playfields and is near Meany Middle School, needs to be accessible to people who want to use the field or play in the park. But she is trying to draw a line between herself (as someone who wants to “get someone—a human services agency—to agree to do the case management”) and the mayor (who, according to Echohawk, still thinks sweeps are an effective response to homelessness.)

Echohawk isn’t, to be clear, offering a specific solution, and her proposal (to link people in Miller Park up with case management and hotel-based shelters) would quickly run into the gears of city contracting bureaucracy and the limitations of existing human service provider staffing. But her efforts to distance herself from Durkan are sure to continue in a race that includes one frontrunner who has declared herself an outsider and another who is currently the president of the City Council, Durkan’s perennial bête noire.

3. More than a year into the pandemic, city of Seattle employees who’ve been working from home will get a retroactive stipend for the additional costs associated with setting up home offices, including higher utility costs, Internet service, and other expenses. The maximum per month is $48. Shaun Van Eyk, the union representative for PROTEC17, which represents many city employees, told Fizz the Durkan Administration’s opening offer was $24 a month.

4. Inmates and staff at King County detention facilities are experiencing a new wave of COVID-19 cases, according to new data from the county’s Department of Adult and Juvenile Detention.

Since March 9, 46 inmates have tested positive for the virus, as well as seven staff members. The outbreak has worsened since last weekend, with 19 inmates testing positive on March 22 alone. Continue reading “Morning Fizz: Echohawk Campaign Says “Paperwork” Delayed Consultant Payment, Durkan Lowballs COVID Stipends, Echohawk Distances Herself from Durkan, and a COVID Outbreak In Jail”

Fizz: Revenue Rebounds, SPD Negotiations Delayed, and Sawant Slams Lazy Recall Campaign Mail

Stock photo models against Sawant!

1. Washington state’s latest revenue forecast shows tax revenue increasing $3.3 billion through 2023, a major jump from the Washington State Economic Revenue and Forecast Council’s most recent (November) projection. The new projection is an improvement on what had already been an upward trend after a grim forecast last June predicted $8.8 billion in lost revenue through 2023, and brings the state much closer to its pre-pandemic $52.3 billion projection.

Wednesday’s report shows that the state’s revenue recovery is being driven by speedy vaccine distribution, the two federal stimulus packages that passed in December and March, which gave qualifying Washington state residents $600 and $1,400 checks–the $4.25 billion expected to go to the state was not factored into the forecast–, and near-record high taxable activity from real estate transaction and higher than predicted retail sales.

Andy Nicholas, senior fellow at the progressive Washington State Budget and Policy Center, says it’s no surprise sales taxes and real estate excise taxes are keeping the economy afloat. “Our whole tax code is propped up by lower- and middle-income working people in Washington state,” he said. “The gains that we’re seeing are gains from a tax code that disproportionately put responsibility for funding public services that we all benefit [from] on those with low- or moderate incomes and asks very little from those at the top.”

Nicholas says the state is currently stuck in a position where it can only hope to keep funding for public services at the same amount they were before the pandemic—which he says was not enough.

Several bills in the house and senate, like the capital gains tax (SB 5096) and the wealth tax (HB 1406), hope to fix the state’s tax code and get wealthy residents to pay more. Democratic budget proposals for the next biennium, likely coming next week, may indicate what taxes they expect to pass this session.

The Office of Financial Management said in a press release on Wednesday, “The increase in projected revenues would leave the state with a net surplus of nearly $3 billion — including reserves — at the end of current biennium.” The recently passed American Rescue Plan Act of 2021 will infuse an additional $12 billion into the state and may help maintain programs, but ultimately the money is only a one-time infusion and needs to be spent by 2024. Washington state has received roughly $20 billion in federal aid since the start of the pandemic.

“This is moment where we need to be making big and bold investments in communities,” Nicholas said. While the federal aid will help, “[The government} needs to be thinking about how we are going to set ourselves up for long-term adequate level funding and that has to be done with new, equitable sources of revenue.”

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2. If Seattle City Attorney Pete Holmes’ prediction is correct, the city’s labor negotiation team won’t sit down to negotiate with the Seattle Police Officers’ Guild (SPOG) until after new mayor takes office in 2022.

In a presentation to the Community Police Commission on Wednesday, Holmes hypothesized that contract negotiations with the city’s largest police union “probably” won’t begin “until sometime next year,” and that the negotiators may not have finalized the “parameters” for bargaining—the ground rules for the process—by the time the next mayor is inaugurated in January. He also suggested the next mayor could begin the search for a permanent police chief at roughly the same time; current Interim Seattle Police Chief Adrian Diaz stepped into the role when former Chief Carmen Best retired on short notice in September 2020, and Mayor Jenny Durkan has declined to begin the search for a permanent during her term.

Contract negotiations with city employee unions can be a lengthy process—the last round of bargaining with SPOG ended in 2018 after more than a year of negotiations. At that time, SPOG members had been working under an expired contract since 2014. The 2018 contract expired at the beginning of this year, so SPOG members will once again work under an expired agreement for the foreseeable future.

Delayed negotiations would also mean that the numerous controversial features of the 2018 SPOG contract will remain in effect for at least the coming year. Before the Seattle City Council approved the contract in November 2018—responding in part to pressure from Durkan to approve raises for union members—police accountability advocates, including the CPC, condemned the agreement for undercutting years’ worth of advocacy and a landmark 2017 ordinance that strengthened police oversight and discipline. Continue reading “Fizz: Revenue Rebounds, SPD Negotiations Delayed, and Sawant Slams Lazy Recall Campaign Mail”

Fizz: Hotel Shelter Debate Continues, City Labor Negotiator Resigns, Poll Tests Mayoral Messages

1. City council member Andrew Lewis, who chairs the council’s homelessness committee, told PubliCola Monday that he’s working on legislation that would authorize funding for new non-congregate shelters, such as hotels, that could be reimbursed by FEMA—which, as we’ve reported, is now paying for all reimbursable expenses, including most shelter services, at 100 percent.

The legislation, which Lewis said won’t be baked until late this week at the earliest, would respond to some of the objections Mayor Jenny Durkan’s office has raised about seeking FEMA reimbursement, which include “onerous” paperwork requirements, a competitive procurement process, and pre-approval from the federal agency.

In addition to those issues, Durkan’s office has said that FEMA will not pay for shelter services of any kind, a claim that is not borne out through the experience of cities like San Francisco, which has received full reimbursement for about 85 percent of the cost of hotel-based shelters and recently announced it was opening 500 new hotel-based shelter rooms using FEMA money.

“We are in a crisis that is exacerbated because of COVID,” Lewis said. “It is totally legitimate for us to seek FEMA reimbursement.”

“We are in a crisis that is exacerbated because of COVID. It is totally legitimate for us to seek FEMA reimbursement.”—City Councilmember Andrew Lewis

Lewis noted that the issue of FEMA reimbursement has been somewhat conflated with funding for JustCARE, a hotel-based shelter program for high-needs individuals with a high impact on the neighborhoods where they live. Among other issues, the mayor’s office has said that JustCARE wouldn’t qualify for FEMA funding because reimbursement requires a competitive contracting process.

“The goal with this legislation is going to be to take a step back and assume that we’re making something new from whole cloth that is defined around the fact of what we need to do for FEMA reimbursement,” Lewis said. “If hotel rooms are a problem for some actors in city government, there are other types of non-congregate shelter we can seek FEMA reimbursement for.”

Durkan has strongly resisted proposals to shelter unhoused people in hotels since the beginning of the pandemic, long before the current FEMA reimbursement debate. Last year, for example, her office consistently responded to questions about why the city wasn’t opening hotel-based shelters by deflecting, noting that the city did contribute funding to the Downtown Emergency Service Center’s hotel-based shelter in Renton.

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

The mayor has been more open to funding tiny house villages—encampments made up of small wooden structures about the size of garden sheds— during the pandemic, and Lewis has separately proposed opening eight new villages around the city. Unsheltered people consistently prefer a tiny house to a conventional shelter bed, but hotels offer a number of stabilizing amenities that tiny houses do not, including television, private kitchenettes, beds, and a private place to bathe and relax. Hotel-based shelters also provide revenue for an industry that has been hard hit by the pandemic.

As for JustCARE: County funding for the program is scheduled to run out on March 15, but the county is reportedly working on another stopgap solution to keep the program running in the absence of any city support. Durkan’s office considers JustCARE, which is run by Seattle-based service providers and focused on encampments in Seattle’s Pioneer Square, “a county program.”

2. Jana Sangy, the city’s director of labor relations, announced last week that she’s leaving her position in early June.

Although Sangy’s announcement didn’t include much information about why she’s leaving, staff from Mayor Jenny Durkan’s office had reportedly intervened at a micro, line-item level in individual city contracts in a way that previous mayors have not—which could certainly make the job of a labor relations director more challenging. Labor Relations, which is part of the city’s Department of Human Resources (SDHR), ultimately answers to the mayor and represents the executive’s perspective in labor negotiations.

Sangy’s resignation comes as the city prepares for contract negotiations with the Seattle Police Officers’ Guild (SPOG), the city’s largest police union and one of the key challenges for the labor relations unit.

“There is not a very deep well of stability to fall back on during this transition to yet another interim director. It begs the question why this mayor has had such difficulty retaining solid talent in such a critical role.”

—Peter Nguyen, who represented Labor Relations in SPOG negotiations in 2018

SPOG’s last city contract expired at the beginning of 2021, but the bargaining process won’t begin until the Labor Relations Policy Committee—a group made up of five council members, SDHR Director Bobby Humes, and City Budget Office Director Ben Noble—finishes deliberating on the city’s negotiating priorities and strategy. complete their deliberations. During preparations for bargaining with police unions, representatives from Community Police Commission, Office of Police Accountability and Office of the Inspector General join the LRPC. Once bargaining begins in earnest, a negotiator from the Labor Relations unit will serve as the city’s labor law expert at the bargaining table.

Sangy started in June 2019, becoming the third person to fill that role since 2017; her immediate predecessor, Laurie Brown, was an interim director appointed by Durkan in December of the previous year. According to an email from Humes to city employees last week, Sangy’s interim replacement will beJ eff Clark, who currently serves as one of the unit’s negotiators. Lisa Low, a spokesperson for the city’s HR department, told PubliCola that department leaders “do not anticipate any impacts to the timeline for SPOG bargaining.”

But Peter Nguyen, who represented the Labor Relations unit during the last round of bargaining with SPOG in 2018, thinks that Sangy’s departure ahead of one of her unit’s most crucial performances is a sign of a struggling unit. “The resignation of the city’s Labor Relations Director is troubling,” said Nguyen. “There is not a very deep well of stability to fall back on during this transition to yet another interim director. It begs the question why this mayor has had such difficulty retaining solid talent in such a critical role.”

Sangy did not immediately respond to a request for comment Monday.

3. Seattle residents received two more polls centering on mayoral candidate (and city council president) Lorena González over the last week, both testing positive and negative messages about González, her current and likely opponents, and groups like “the Chamber of Commerce” and “the Black Lives Matter movement.” One poll was an online survey, the other a live poll, but the similarities between them suggest they are versions of the same poll put out by the same campaign or group.

The specific messages the polls were testing were less interesting than what they suggest, cumulatively, about the upcoming election, which will pit González and Chief Seattle Club director Colleen Echohawk—the two current frontrunners—against a long list of other candidates that could include former city council member Bruce Harrell, current deputy mayor Casey Sixkiller, and former state legislator and 2017 mayoral candidate Jessyn Farrell. Continue reading “Fizz: Hotel Shelter Debate Continues, City Labor Negotiator Resigns, Poll Tests Mayoral Messages”

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.

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

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

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

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”