Category: Morning Fizz

Afternoon Fizz: New Sheriff In Town, Council Adopts $7 Billion City Budget

1. Starting January 1, King County will a new interim sheriff: Patti Cole-Tindall, previously an undersheriff in the King County Sheriff’s Office, will assume the role until County Executive Dow Constantine appoints a permanent sheriff in mid-2022.

Last year, county voters approved a charter amendment that sets up a process for appointing, rather than electing, the King County sheriff. Tindall will be King County’s first appointed sheriff in more than two decades.

Before joining the sheriff’s office in 2015, Tindall served as both the director of the county’s labor relations unit and interim director of the Office of Law Enforcement Oversight, an independent agency that investigates misconduct and systemic problems in the sheriff’s office.

At a press conference Tuesday, Tindall said that she doesn’t plan to apply for the permanent sheriff or for permanent chief of the Seattle Police Department, the two most prominent law enforcement job openings in the county. “I see my value in this appointed process as being there to help the permanent sheriff be successful,” she said. The county council, with input from a panel of sheriff’s staff, community members and local government representatives, is still reviewing candidates to become the permanent sheriff.

Constantine also debuted his proposal to provide hiring and retention incentives for sworn sheriff’s officers, which county council budget chair Jeanne Kohl-Welles introduces as an emergency amendment to the county’s 2022 budget today. The proposal would provide $15,000 to officers who transfer from other departments, $7,500 to new hires, and a one-time $4,000 bonus to every officer in the department. Constantine argued that while the sheriff’s office, which has 60 vacant officer positions, isn’t currently struggling to meet demand, the incentives might help attract and retain officers as a growing number of officers reach retirement age.

King County Police Officers’ Guild (KCPOG) President Mike Mansanarez told reporters he supports the hiring and retention incentives. His counterpart at the Seattle Police Officers’ Guild, Mike Solan, voiced his skepticism about a similar hiring incentive program introduced by Seattle Mayor Jenny Durkan in October.

2. On Monday, the Seattle City Council approved a $7.1 billion 2022 city budget that provides new funding for the King County Regional Homelessness Authority, preserves the JumpStart payroll tax spending plan while restoring the city’s depleted reserves, and keeps Mayor Jenny Durkan’s proposed budget for the Seattle Police Department largely intact, shaving about $10 million off the mayor’s initial $365.4 million proposal.

As budget chair Teresa Mosqueda emphasized twice on Monday, the budget the council adopted doesn’t require SPD to lay off any officers, nor does it eliminate any officers’ salaries. Instead, the council saved $2.7 million by assuming SPD will lose more officers next year than Durkan’s budget projected—125, instead of 91—and moving their unspent salaries out of SPD’s budget. Continue reading “Afternoon Fizz: New Sheriff In Town, Council Adopts $7 Billion City Budget”

Harrell Announces 129-Member Transition Team after Most Expensive Mayoral Race in History; Davison to Take Over Depopulated City Attorney’s Office

1. Mayor-elect Bruce Harrell announced a 129-member transition team yesterday that includes Guns N’ Roses bassist Duff McKagan, current city council member Teresa Mosqueda, former mayoral candidate Jessyn Farrell, a long list of former Greg Nickels, Ed Murray, and Jenny Durkan staffers, and an entire committee overseeing “sports and mentorship” programs, headed by regional NAACP president Gerald Hankerson. Also on the team: Two of the leading opponents of a bike lane in Lake City that Mayor Jenny Durkan ultimately killed.

The team seems likely to grow; late on Tuesday, city council member Andrew Lewis confirmed that he will serve on the team’s public safety committee, one of 12 subject-area committees that make up the advisory group.

Harrell’s transition team also includes a “philanthropy” committee that includes representatives from the Ballmer Group, Amazon, Tableau, and a number of local foundations—echoing Harrell’s campaign promise to fund some city needs, such as programs to address homelessness, using voluntary donations from individuals and corporations.

The new administration’s transition team, for those keeping score (sports metaphor?), is more than twice the size of the transition team outgoing mayor Jenny Durkan announced when she was elected in 2017, and almost three times larger than the team ex-mayor Ed Murray set up in 2013.

Transition teams typically help mayors staff up and set priorities, but their primary role in recent years has been to demonstrate broad political support after a bruising election campaign, which this very (very) large and diverse group certainly does.

Harrell’s niece and campaign manager Monisha Harrell told the Seattle Times that Harrell would comb the transition team for potential members of the administration.

Since the August primary election, when voters kicked three-term incumbent Pete Holmes off the ballot, the city attorney’s criminal division has lost eight prosecutors, or nearly a quarter of its entire prosecution team.

As a point of recent historical reference, just two members of Durkan’s transition team joined the administration: former Transportation Choices Coalition director Shefali Ranganathan, who was one of Durkan’s deputy mayors, and former Building Changes director Helen Howell, who served briefly as interim director of the Human Services Department before joining the King County Regional Homelessness Authority as deputy CEO in July.

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2. Harrell’s campaign also set a record this year—it was the most expensive mayoral campaign in Seattle’s history by a long shot (sports metaphor?). According to campaign records, the official Harrell campaign raised just over $1.4 million in direct contributions, including $19,250 from Harrell himself.  By the same point in her campaign, Durkan had raised just over $970,000.

That’s a significant increase—Harrell has raised half again as much as Durkan had by the same point in November 2017—but it’s dwarfed by the total amount of money poured into the campaign by independent spending, primarily a real estate-backed IE called Bruce Harrell for Seattle’s Future. That campaign has raised $1.4 million, almost entirely from commercial real-estate developers and property managers; combined with independent spending from the National Association of REALTORS and the Seattle Firefighters PAC, independent groups spent almost $1.6 million getting Harrell elected, a sum that dwarfs the $835,000 an Amazon-backed group called People for Jenny Durkan spent on Durkan’s behalf.

At the time, editorial and news writers found it at least noteworthy that at a time when publicly financed “democracy vouchers” were supposed to get big money out of campaigns, the mayoral election went to the candidate who had hundreds of thousands of dollars in corporate money propping her up. This year’s election, in which the winning campaign cost $3 million, or almost $20 per vote, makes 2017’s shocking outlays look almost quaint.

3. Ann Davison, the city attorney-elect, had a simple campaign platform: Unlike my opponent, I will prosecute crime. (Davison’s opponent, public defender Nicole Thomas-Kennedy, pledged to phase out most misdemeanor prosecutions.) She’ll enter office with her work cut out for her: Since the August primary election, when voters kicked three-term incumbent Pete Holmes off the ballot, the city attorney’s criminal division has lost eight prosecutors, or nearly a quarter of its entire prosecution team. The chief of the criminal division, Kelly Harris, left the division for a private-sector job last month.

Continue reading “Harrell Announces 129-Member Transition Team after Most Expensive Mayoral Race in History; Davison to Take Over Depopulated City Attorney’s Office”

Police Monitor Raises Concerns About SPD Budget; Crosscut’s New Editor Kills Opinion Section

1. During the Seattle City Council’s Monday morning briefing, budget chair Teresa Mosqueda responded to a Seattle Times editorial published last week charging that the council’s proposals for the Seattle Police Department’s 2022 budget could plunge the city into another confrontation with the federal district court.

The editorial, which called on mayor-elect Bruce Harrell to hold a “public safety summit” soon after he takes office in January, challenged Mosqueda’s claim that the council’s amended SPD budget had been vetted by the court-appointed monitor who acts as the eyes and ears for Judge James Robart—the federal judge responsible for overseeing reforms to SPD as part of a decade-old arrangement called the “consent decree.” The Times’ source: An email to the editorial board from the monitor himself, Dr. Antonio Oftelie, who said that no one on the council had spoken to him directly about their plans for SPD’s 2022 budget.

“I understand that it must continue to be an inconvenience to the Seattle Times editorial board to acknowledge that we did indeed continue to engage with the court monitor directly, as we have done in the past,” Mosqueda said, adding that Greg Doss, the council staffer who specializes in SPD’s budget, “reached out and directly engaged” with Oftelie on behalf of the council. “The court monitor is very aware that Greg [Doss] works on behalf of all council members,” Mosqueda said.

During his meeting with Doss and a representative from the City Attorney’s Office, Oftelie did not offer direct feedback on the council’s budget proposals. A week later, he sent a memo to Mosqueda, along with public safety chair Lisa Herbold and council president Lorena González, raising concerns about the council’s plans to scale back SPD’s budget data analysis. Specifically, Oftelie described two programs—one that would identify 911 call types that could go to non-police emergency responders, and another that could identify officers with a pattern of using force during crisis calls—as vital to the department’s progress. If the council went through with plans to cut SPD’s data analysis budget, he added, the federal court might intervene. Despite his warning, Oftelie emphasized that “it is not the monitor’s role or intent to dictate City budget decisions.”

Mosqueda’s office debuted the council’s changes to Durkan’s budget proposal a day after receiving Oftelie’s memo; during the quick turnaround, Mosqueda said that she worked with the council’s central staff to ensure that the proposed budgets for the two data analysis projects Oftelie flagged would remain untouched. The council’s proposed budget now only omits funding for two of SPD’s proposed technology programs, totaling around $1.3 million.

During the council’s budget discussions last week, Mosqueda called the first—a body-worn video analysis software used to assess racial disparities in policing—a “nice-to-have” item that the council could support in the future. The second technology is a wearable biometric monitor that would track police officers’ vital statistics to flag officers at risk of using excessive force or acting erratically because of stress.

After Mosqueda’s rebuttal on Monday, Oftelie reiterated his frustration with the council’s communication style. His meeting with Doss, he told PubliCola, “was a one-hour briefing and in no way was meant or implied to be any type of ‘approval’ of the budget.” And after he raised his concerns about the council’s budget proposal in his memo, he added, “no one from City Council acknowledged receiving the memorandum or connected with me to discuss it before their Tuesday meeting.”

In the past year, the consent decree has loomed large over Seattle’s budget discussions; in June, the council abandoned plans to cut $2.83 million from SPD’s 2021 budget under pressure from the federal court. Oftelie, who advises the court about Seattle’s progress on police reforms, has argued that SPD needs to be able to rebuild its ranks after two years of record-breaking attrition in order to comply with the consent decree.

Meanwhile, the council could soon run into problems with the federal court on another front: an ordinance that the council passed in August restricting SPD’s ability to use so-called “less-lethal” weapons like tear gas for crowd control. Two weeks ago, Diaz reached out to Oftelie for legal guidance as his department prepares to update its policies to comply with the new law. In his letter to Oftelie, Diaz wrote that the ordinance may be at odds with the consent decree, setting the stage for another potential fight over the council’s power to pass police reform laws while SPD is under federal oversight.

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2. Crosscut, the nonprofit news website that merged with Seattle’s PBS affiliate, KCTS, six years ago, is eliminating its opinion section, leaving Seattle with one less source of editorial views to counter the Seattle Times’ generally conservative opinion and editorial pages. Crosscut’s new executive editor, M. David Lee III, announced the decision in a memo to all staff last week. Lee replaces Victor Hernandez, who joined the site in 2018.

The section, which features Knute Berger’s “Mossback” history column along with regular opinion pieces by Transit Riders Union director Katie Wilson and former Republican gubernatorial candidate Bill Bryant,  will be replaced by a “new process of engaging community voices,” according to an internal memo from Lee. Berger told PubliCola he would continue writing for Crosscut and referred all other questions to Lee, who did not respond to an email Monday.

“There are a lot of priorities that need to be attended to and one of the top ones is the ‘Opinion’ section of Crosscut.com, which has been a fixture of the organization since its inception in 2007,” Lee, who joined Crosscut last month, wrote in the memo. “With the section, the goal, at the time and to this day, is to engage our community in conversation regarding important issues. Listening to the communities that we serve is one of the most important things we need to do as a non-profit public news organization. We must reflect the landscape in which we live and serve. Change is also important. Adapting and retooling how we engage with the community is what we must do moving forward and, because of that, we will be sunsetting the traditional ‘Opinion’ section of Crosscut.com effective November 30th.”

As a “project” of a 501(c)3 nonprofit, Cascade Public Media, Crosscut can’t endorse candidates or advocate for positions on issues itself, but it can run opinions by people outside the organization. In the recent past, those pieces have included opinions by former Washington state Republican Party chair Chris Vance, Republican congressman Dan Newhouse, right-wing radio host John Carlson, and Bryant. Nonetheless, board members have reportedly raised concerns over the years that the opinion page slants left. The governing board that oversees the site includes a former Seattle Times editorial board member, former Republican attorney general and gubernatorial candidate Rob McKenna, and Amazon global real estate VP John Schoettler.

Lee,  a former television news director and sportscaster in markets including Tallahasee and Green Bay, is also an independent filmmaker. In a post on Crosscut, Lee described himself as “a lifelong, self-proclaimed, ‘Star Wars Geek'” who was drawn to Crosscut by “the talent here” and “the commitment here to public non-profit journalism.”

“The beauty of Crosscut is that we can go deeper, offer unique insight to a story or issue that other outlets are unable to do, or just choose not to do. As I said above, this is something new for me. And I expect that Crosscut will change me, and I’m excited about it,” Lee wrote. For now, he concluded, he’ll “be exploring the city, getting to know the talented staff here and doing the work for you, our readers, while heeding words of Yoda: ‘Do or Do Not. There is no Try.”

Crosscut’s local news reporter, David Kroman, recently decamped for the Seattle Times. After a lengthy struggle to unionize, the Crosscut Union still lacks a contract, after rejecting a proposal from management earlier this fall that the union said would lower their annual pay increases provide no improvements to retirement, vacation benefits, or health care. Cascade Media’s CEO, Rob Dunlop, made more than $500,000 in 2019.

—Paul Kiefer, Erica C. Barnett

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

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

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

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

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

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

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

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

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

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

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

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

—Paul Kiefer, Clara Coyote

As Council Moves to Fund Alternatives to Police, Durkan Proposes Big Bonuses for SPD Hires

1. Seattle Mayor Jenny Durkan issued an emergency executive order on Friday introducing hiring bonuses as a recruitment tool for the Seattle Police Department and the Community Safety and Communications Center, which houses the city’s 911 dispatch.

The order will allow SPD to pay officers who transfer from other departments up to $25,000, and new recruits from the academy up to $10,000, during the remainder of 2021. The CSCC will be able to offer the same bonuses to lateral transfers and new hires, respectively. The city council has repeatedly rejected attempts by Durkan and her allies to fund new police hiring incentives this year, including a July proposal to restore a hiring incentive program halted by the COVID-19 pandemic and a pair of proposals Councilmember Alex Pedersen introduced with Durkan’s support in early September.

In a statement Friday, Durkan said the bonuses would help SPD refill its ranks after two years of record-breaking attrition. According to SPD strategic initiatives director Chris Fisher, the greatest challenge to SPD’s ambitious plan to hire 125 officers in 2022 is convincing prospective officers to fill out applications; the generous bonuses are intended to sweeten the deal.

Seattle Police Officers’ Guild (SPOG) President Mike Solan criticized the mayor’s order on Saturday, writing in an open letter that “dangling money to recruit new or lateral hires won’t get the job done.” Instead, he argued that the next mayor’s priority should be retaining existing officers.

The CSCC, which launched quietly over the summer as the city’s newest department, is also dealing with a staffing shortage at the 911 call center. The call center has spent 40 percent more on overtime this year than it had by the end of October 2020 as the department struggles to fill vacant call-taker and supervisor positions. Starting on Friday, Seattle residents who call the city’s non-emergency phone number will occasionally be met with a pre-recorded message suggesting alternative resources; that message will only appear when the 911 center has to assign all of its call-takers and dispatchers to emergency calls.

During discussions of the department’s 2022 budget on Tuesday, Councilmember Lisa Herbold reiterated that plans to use $1 million of the department’s unspent salaries for hiring incentives next year—a separate proposal included in the mayor’s 2022 budget plan—should factor in the need to fill vacancies across all city departments.

2. A $13.9 million amendment to Seattle’s 2022 budget would allow the city’s mobile crisis teams—mental health professionals who respond to crisis calls, mostly in and around downtown Seattle—to operate around the clock.

The amendment, sponsored by Councilmember Dan Strauss, would expand the 43-person mobile crisis team, operated by the Downtown Emergency Service Center (DESC), enabling DESC to expand its services city-wide and operate 24 hours a day, seven days a week.

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Councilmember Lisa Herbold, who signed on as a co-sponsor of Strauss’ amendment, called the mobile crisis team an example of the kind of investments in alternatives to traditional police response that Mayor Jenny Durkan’s proposed budget mostly lacks.

Durkan has proposed creating a new “Triage One” mobile unit to respond to about 7,000 annual non-emergency calls about people sleeping or unconscious in public places, but that still “leaves more than 30,000 calls that will default to police response without an alternative funded at scale,” Herbold said. After a review of SPD’s emergency responses by the National Institute for Criminal Justice Reform earlier this year suggested moving half of the department’s call volume to other responders, Durkan endorsed a less-ambitious plan to divert another 40,000 calls to non-police responders each year—though her budget proposal didn’t create a plan for how to divert most of those calls.

The amendment would also scale up other mental health crisis services, including $1.5 million to pay for 15 new positions with DESC’s behavioral health response teams, which provide follow-up support for people in crisis after their initial interaction with the mobile crisis teams. At the moment, the follow-up team has only four members.

The largest portion of the proposed budget amendment—$8.5 million—would go to the DESC’s Crisis Connections Center, which currently relies on the county for funding; the amendment would not come at the cost of county funding. The money would double staffing for the center, which DESC hopes to move into a larger building.

3. On Tuesday, Councilmember Andrew Lewis introduced a $360,000 amendment to the mayor’s proposed budget that would. among other things, set aside $100,000 to create a “victim compensation fund” that would reimburse individuals and small businesses for stolen inventory, minor property damage, and other misdemeanor-related losses.

The goal of the fund, Lewis told his colleagues, is to replace a restitution process that rarely gets money to victims. “Under the current system,” he said, “an overwhelming majority of the defendants in the municipal court are indigent and, unfortunately, likely to remain indigent.” Of the roughly $191,000 that municipal court judges ordered defendants to pay between 2018 and January 2021, Lewis said, crime victims received just over a third.  Another $250,000 would go towards other “restorative justice” causes, including outreach to crime victims who don’t typically request or receive restitution—particularly people of color. 

The proposal to re-invent Seattle’s restitution system dates back to July, when City Attorney Pete Holmes and a group of advocates for court fee reform  pitched the concept of a “victim compensation fund” to the council. Though Holmes advocates for the fund as a more reliable way to compensate victims of crimes, the proposal is also a response to a recent Seattle Municipal Court analysis that found that judges were more likely to require Black and Indigenous defendants to pay restitution to victims than white clients.

Lewis’ amendment includes some nonbinding policy recommendations that resemble reforms Holmes has already adopted. Most notably, the amendment says the city attorney’s office must allow defendants to go through diversion programs or community court even when those options release defendants from their restitution requirements.

The non-binding policy recommendations in Lewis’ amendment are aimed at whoever takes office in January, although Holmes spokesman Dan Nolte noted that the next city attorney would be able to toss those policies aside without the council’s input.

—Paul Kiefer

Council Tries to Protect Diversion Programs, ICE Contractor Ordered to Pay Minimum Wage, SPD Will Phase Out Minor Traffic Stops

1. For at least the past decade, the Seattle city attorney’s office has worked to replace punitive criminal-justice approaches with programs designed to reduce recidivism without involving police and jails. The office launched pre-filing diversion programs; supported an intervention program for domestic batterers; and took part in the launch of a new community court in 2020. The office still prosecutes misdemeanors—assault, theft and trespassing remain among the most common charges—but outgoing City Attorney Pete Holmes frequently argues that Seattle’s public safety problems can’t be solved with jail time alone.

All of those new additions to the office’s workload are discretionary. A future city attorney could decide to repurpose all or some of the money that currently supports diversion programs and ramp up criminal prosecutions, for example. Ann Davison, a Republican who could become the next city attorney, seems poised to do something along those lines. In Davison’s view, Holmes has failed to adequately pursue misdemeanor charges for “quality of life” crimes like property destruction and shoplifting.

The prospect of an incoming city attorney who might cast aside years of reforms prompted some members of the Seattle City Council, which has supported the office’s diversion programs since 2017, to consider setting some of those reforms in stone.

On Wednesday, council president Lorena González proposed restricting almost $2 million of the city attorney’s 2022 budget so that it can only pay for diversion programs.  Her amendment notes that the council is also working on legislation that would make diversion a permanent duty of the city attorney’s office, in an attempt to deter future city attorneys from discontinuing these programs. That bill will likely go before the council in December.

On Wednesday, council president Lorena González proposed restricting almost $2 million of the city attorney’s 2022 budget so that it can only pay for diversion programs

Public safety committee chair Lisa Herbold introduced her own amendment to add four new positions to the city attorney’s diversion team, to support LEAD and other pre-filing diversion programs run by Choose 180, Gay City, and Legacy of Equality, Leadership, and Organizing (LELO).

While a future city attorney could sidestep the proposed proviso by simply not spending the dollars earmarked for diversion, failing to spend money allocated for a specific purpose comes with some political risk. Another looming risk for the city attorney’s office—the departure of staff from its civil division, which works with the council to develop new policies, in response to the change in leadership—is out of the council’s control.

Despite the obvious allusions to Tuesday’s election, no council member mentioned Davison by name.

2. A federal jury determined on Wednesday that the for-profit firm that operates the Northwest ICE Processing Center in Tacoma violates Washington’s minimum wage laws by paying detainees only $1 per day for their labor. The jury also ruled that the Florida-based GEO Group Inc., one of the largest private prison and immigrant detention center operators in the country, will need to pay all workers the state’s $13.69 hourly minimum wage, or more, immediately.

Next, U.S District Court Judge Robert Bryan will decide how much the company profited from more than a decade of underpaying detainees to perform most non-security labor in the detention center. Attorney General Bob Ferguson is requesting that the court order GEO to reimburse detainee workers for years of underpaid wages, as are a group of private plaintiffs in a separate class action lawsuit.

During the two-and-a-half-week trial, several former and current staff at the detention center said GEO also replaced civilian workers with detainees to cut costs; Ferguson also asked the court to require GEO to reimburse civilian workers for wages they lost when they were replaced by detainees.

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The ruling comes four years after Ferguson initially sued GEO for minimum wage violations. In that time, detainees at the facility have held multiple protests and hunger strikes to raise concerns about overcrowding, inadequate meals, and a lack of access to medical care.

GEO has owned and operated the facility—the fourth-largest of its kind in the country—since 2005, but when the company’s current contract expires in 2025, the facility will likely close because of a new law, signed by Gov. Jay Inslee this past spring, banning most private detention facilities. GEO is currently challenging that law in federal district court, arguing that it undercuts the federal government’s authority to detain immigrants and that the closure would mean moving hundreds of detainees far away from their families and attorneys.

The nearest detention facility that can hold ICE detainees is a jail in Yuba County, California, which can hold up to 220 people for ICE.

Though the ramifications of Wednesday’s ruling are tremendous for current and former detainees at the Northwest detention center—according to earlier estimates by GEO, the center generated some $57 million in annual profits—those ramifications won’t extend to the much larger incarcerated workforce in Washington State’s prisons, Ferguson spokeswoman Brionna Aho said. Nearly 2,000 people in state custody produce furniture and medical gowns, cook and package meals, and clear trails, among other jobs; after the state deducts victim compensation, incarceration costs, and other fees, inmate workers earn far less than minimum wage.

3. In a memo to the city council and Mayor Jenny Durkan’s office last week, Seattle Police Chief Adrian Diaz endorsed a plan to phase out traffic stops for minor infractions by the end of the year.

The memo comes five months after Seattle Inspector General Lisa Judge, who co-signed the letter, asked SPD to bring an end to traffic stops for infractions that, unlike DUI or reckless driving, do not endanger the public. Continue reading “Council Tries to Protect Diversion Programs, ICE Contractor Ordered to Pay Minimum Wage, SPD Will Phase Out Minor Traffic Stops”

SPD Hasn’t Fully Complied With 2017 Anti-Bias Law; Durkan Says City Has Never Done “Sweeps”; Meth Cleanup Further Delays Shelter Opening

1. In several recent campaign debates, mayoral candidate (and 12-year city council veteran) Bruce Harrell has pointed to a 2017 bias-free policing ordinance he sponsored as proof of his commitment to police reform. During a debate hosted by the ACLU of Washington last week, his opponent, current city council president Lorena González, countered that the ordinance—which requires anti the Seattle Police Department to conduct anti-bias training and collect data about stops and detentions—didn’t “result in a less-biased police force.”

One important detail neither candidate mentioned is that SPD still hasn’t fulfilled all the requirements of the four-year-old law. In a response to a query from City Councilmember Lisa Herbold, interim SPD chief Adrian Diaz informed the council in July that his department hasn’t been collecting data from all traffic stops, as the 2017 law requires. Instead, his department has only collected data on “Terry stops” (also known as stop-and-frisks), in which an officer detains someone who they suspect of “criminal activity.” SPD classifies roughly 70 percent of all stops and detentions as Terry stops.

Data released by SPD in January revealed that Indigenous people are nine times more likely to be stopped by police than white people, and Black people seven times more likely. In contrast, officers were more likely to find a weapon on a white person during a Terry stop than on people from any other racial or ethnic group.

SPD has not collected data on other common types of stops, including traffic citations. The four-year delay in following the letter of the law, Diaz wrote, came down to outdated reporting protocols: According to Diaz, SPD’s traffic unit only keeps paper records of their stops, warnings and citations. As a result, Diaz wrote, the department “does not have a complete count or description” of the citations and warnings its officers have issued, nor does it have complete demographic data about the people they’ve stopped.

According to Diaz, SPD was able to find a “work-around” to collect data about Terry stops, as required by the federal consent decree but not for other types of stops, leaving the department in compliance with the federal court’s orders but out of compliance with a city law. For now, Diaz said the department pieced together an imperfect system for manually collecting data from paper records, supplemented by the limited data about traffic stops collected by the Seattle Municipal Court. Based on that “imperfect data,” SPD estimates that it has conducted 52,764 traffic stops since 2015. According to that incomplete data, only 17 percent of drivers stopped were Black—likely an undercount, given that Black people account for roughly 30 percent of the department’s Terry stops.

Councilmember Lisa Herbold, who has led the push to get SPD to comply with the data collection and reporting requirements of the 2017 ordinance, noted that the council asked the department in November 2020 to produce data on all traffic stops by July of this year. If SPD has made any progress toward that goal, “we don’t have evidence of that, because we still haven’t received a report on the data,” Herbold said. SPD has not yet responded to Herbold’s or PubliCola’s inquiries about when the department began to work toward full compliance with the 2017 law.

2. With the mayoral election just weeks away, outgoing Mayor Jenny Durkan asserted at a recent homelessness town hall discussion that, “in four years, we’ve never really done a sweep,” because the city does outreach and offers “housing” before it removes encampments. (The HOPE team offers shelter, not housing.)

The counterfactual comment prompted panelist Tiffani McCoy, the advocacy director at Real Change, to describe several stories she has heard from Real Change vendors “of all of their possessions being taken from them forcibly during a sweep.”

“The idea that hasn’t happened in four years is absolutely astonishing to me,” McCoy said.

Durkan also repeated her talking point that most people are homeless in Seattle became homeless somewhere else—a claim Durkan has made many times over the past year to suggest that Seattle pays more than its fair share to address regional homelessness. “If you look at what’s being spent right now in an emergency shelter, Seattle is the lion’s share, and if you look at the data, about six out of 10 of the people that we are serving, their last place to have stable housing was outside of Seattle,” Durkan said. “They became homeless somewhere else but because we have the services here,” they migrated to Seattle.

The number uses comes from the county’s internal Homelessness Management Information System, which is only one of many contradictory data points about where people lived before they became homeless; other sources, including surveys done as part of the annual Point in Time County in January, have concluded that a large majority of people who are homeless in King County became homeless here and did not move here from somewhere else—exactly the opposite of the mayor’s talking point.

3. A shelter on Lower Queen Anne that was supposed to reopen last summer, providing shelter for about 40 people displaced from a temporary COVID shelter at Seattle Center, now faces another setback: Squatters who moved into the vacant building smoked copious amounts of meth, leaving dangerous residue on every surface. A spokeswoman for Seattle City Light, which owns the building, confirmed that the city hired decontamination specialists to remove drug residue, and said the contractor “completed decontamination work” earlier this month. Continue reading “SPD Hasn’t Fully Complied With 2017 Anti-Bias Law; Durkan Says City Has Never Done “Sweeps”; Meth Cleanup Further Delays Shelter Opening”

Election Mega-Fizz: Hostile Architecture, Race, Misleading Ads, a “Not Qualified” Rating, and More!

1. At a debate sponsored by Rainier Valley Radio, Converge Media and the South Seattle Emerald on Wednesday, Sara Nelson, a candidate for City Council Position 9, ran out the clock on a question from her opponent about why her business, Fremont Brewing, has placed concrete “eco-blocks” in the public right-of-way around their brewing facility in Ballard.

Oliver asked Nelson why, as the candidate in the race who wants to prosecute misdemeanors like “stealing food,” she thought it was fine to violate the law against obstructing public streets. (As we’ve reported, it’s illegal to place obstructions like eco-blocks in public spaces, but the city says the law is difficult to enforce.) Nelson responded by protesting that she doesn’t consider herself the “law-and-order” candidate, but “a public safety person,” and said that the misdemeanors she wants to prosecute “are not small crimes, especially when they are repeated over and over again.” The clock ran out just as Nelson started responding to Oliver’s question.

Meanwhile, the eco-blocks around the brewing facility Nelson owns remain in place, and several more have been placed directly on the grassy planting strips nearby, another unambiguous violation of the law.

Next to Fremont Brewing, ecology blocks in the public right-of-way extend right up to a stop sign.

2. Voters across the city have received mailers from Nelson that not-so-subtly suggest broad support among Black leaders and other people of color, featuring five people of color (three of them Black, two Asian American) and no white supporters.

Nelson, who is white and lives in North Seattle, has made a number of controversial statements about what “the Black community” wants, suggesting during a September forum, for example, that the Black and brown people she has talked to “don’t want no police… they want better police.”

Oliver called that a “very racist” statement, adding, “to say Black and brown people don’t want a world beyond prisons and police, because you can name three that have endorsed your campaign, is making us into a monolith. We’re not.”

Of the five people of color featured on Nelson’s latest mailer, three are identified: Former Gov. Gary Locke, SPD Community Advisory Council leader Victoria Beach, and Harriett Walden, the longest-tenured chair of the Community Police Commission. The two unidentified supporters—an Asian American woman and a Black man featured in a stock “talking to community members” photo—are longtime Vulcan external affairs director Pearl Leung, who now works at Amazon, and her husband James Parker, an actor.

3. Several business and developer groups that previously supported King County Councilmember Kathy Lambert, who was removed from her leadership roles on the council after sending out a racist mailer that portrayed one of her colleagues, Councilmember Girmay Zahilay, as a bow-tie-wearing “Seattle socialist”—have quietly joined the Seattle Times in dropping their endorsements for Lambert.

The Master Builders Association of King and Snohomish Counties tweeted on October 8 that their political arm, the Affordable Housing Council, had rescinded their endorsement and was requesting a refund of their contribution ($2,000, according to the state Public Disclosure Commission) to Lambert’s campaign. The account, @MBAKS_Voice, has 749 followers.

The endorsing body for the Bellevue Chamber of Commerce, the Eastside Business Association, also rescinded their endorsement of Lambert, EBA executive director Caitlyn Gallagher confirmed.

And the Associated General Contractors of Washington no longer lists Lambert on their endorsements website. (The AGC did not respond to a request for comment.) The AGC’s political action committee, BUILD PAC, contributed $1,000 to Lambert’s campaign in March.

4. This week, half the front page of the Seattle Times’ website was taken up by an enormous flashing ad calling city attorney candidate Nicole Thomas-Kennedy “reckless and extreme” because of tweets she posted during the June 2020 protests against police violence. The ad included a quote from “The Seattle Times” saying that Thomas-Kennedy’s “toxic tweets” show she is “unfit to be Seattle City Attorney,” omitting the fact that the quote is from the Times’ editorial board, not its news reporting. More egregiously, the ad did not include legally information identifying who paid for the ad—in this case, big corporate donors including Vulcan, the president of Microsoft, and the head of Goodman Real Estate.

The Times has endorsed Thomas-Kennedy’s opponent, Ann Davison.

State law requires independent expenditure groups that purchase ads, including online ads, to clearly identify the top five donors behind the campaign. The anti-Thomas-Kennedy ad did not list any donors; instead, in tiny white-on-black print, one of the flashing panels said the campaign was purchased by “Seattle for Common Sense.”

After I posted the ad on Twitter, someone filed a complaint with the State Public Disclosure Commission, charging that the ad violated state disclosure law by failing to include the contributors. In the meantime, about half an hour after my initial tweet, a new version of the ad appeared on the Seattle Times’ website, now including a list of the campaign’s top donors, if an outdated one (it excluded Microsoft president Brad Smith and developer Jon Runstad).

The responsibility for ensuring that ads don’t run afoul of the law is shared by campaigns and the companies that choose to publish or run them. Kim Bradford, deputy director of the PDC, says the fact that the ad was eventually fixed does not mean the agency won’t investigate. “We open a case if we think there’s something there and there’s enough evidence of a potential violation,” Bradford said. The PDC does allow an exemption to disclosure on the ad itself for “small” online ads, which Bradford defined as “the small embedded ads that you see on some websites—the ones that are kind of within the text.” It’s unlikely that a flashing ad that takes up half the front page of a website when viewed on a browser would qualify as a small ad.

The Times has a history of bending the rules to promote Republican candidates and causes. In 2012, the newspaper donated a full page of the newspaper to gubernatorial candidate Rob McKenna, the equivalent of an $80,000 contribution. The unprecedented decision to contribute free advertising to a partisan candidate made national news, and more than 100 Times employees protested the paper’s funding of McKenna’s campaign.

5. The Washington Coalition of Minority Legal Professionals—a coalition of state bar associations including the Loren Miller Bar Association (representing Black lawyers), Washington Women Lawyers, QLaw (representing LGBTQ+ lawyers), and several Asian American bar associations—has given Davison an “unqualified” rating. According to the group, their ratings reflect “our nonpartisan assessment whether a candidate will be effective in office, will serve the interests of the community and society, and is committed to the fair administration of justice and improvement of the criminal justice system from the perspective of the participating minority bar associations.”

One factor in the coalition’s ratings were the candidates’ answers to a standard questionnaire, which included questions like “how will you engage with communities of color?” and “as city attorney, how will you engage with tribal governments?”

In response to a question about whether “you or the organizations you have been a part of have contributed to white supremacy and/or the devaluation of the lives of Black and Indigenous persons or other persons of color,” Davison had this to say:

“I have spent most of my life working to help people in need. In my youth I worked in a refugee camp for people fleeing terrible violence from civil war and at a congressional office where I helped underserved people get access to services they needed. I currently serve on a board that gives housing and support to people in severe mental health and addiction. While my time working in professional sports, often as the only woman in an office of wealthy men of various races, was much less altruistic, it was still a position of service.”

The group gave Davison’s opponent Thomas-Kennedy a rating of “adequate.”

Mayoral Candidates Spar on Public Safety, Being “From Here”; Anti-Vax SPD Exodus Averted

1. Seattle Mayoral candidates Lorena González and Bruce Harrell faced off once again on Sunday during a public safety-focused forum hosted by the ACLU of Washington and moderated by Sean Goode, the director of the Seattle-area youth diversion nonprofit Choose 180.

The forum was a chance for the two candidates to get into the weeds on issues like police oversight, union contracts, and the logistics of civilian emergency response.

But anyone looking for detailed, specific responses to questions about these issues—not to mention the city’s use of the King County Jail, plans to increase or decrease SPD funding, and under what circumstances police should use lethal force—might have come away disappointed.

During this and earlier debates, Harrell pointed out that he sponsored a 2017 ordinance requiring officers to undergo anti-bias training. González, who voted for the legislation, said that “passing the ordinance didn’t result in a less biased police force,”

Still, the forum did highlight significant differences between the candidates’ overall approach to public safety and policing, and their level of comfort grappling with thorny issues like police defunding. While Harrell has said he would hire more officers and González has said she would cut the size of the force, neither gave many specifics about how they would reach those goals.

González said she has no interest in a “carte blanche increase in SPD’s budget,” adding that her plans for funding alternatives to police aren’t about “hiring more officers of a different kind”—a slap at Harrell’s statement that he would “build a new kind of officer” at SPD and field new teams of unarmed officers, similar to SPD’s existing Community Service Officers.

Both candidates said they would support additional officer training—in González’ case, “increased training around deescalation to prevent violence in the first place,” and in Harrell’s,  “extensive retraining” to “change the culture in the police department.” González described Harrell’s training plan as “having officers watch a video of George Floyd’s murder and sign a pledge to do better”—a reference to his campaign promise to ask “every sworn police officer in Seattle to watch the 8 minutes and 46 seconds of George Floyd’s murder in Minneapolis and voluntarily sign an open letter stating: The Inhumane Treatment of Fellow Human Beings Will Not Be Tolerated In Seattle.”

Harrell seemed to suggest that because he grew up in Seattle (unlike González, whose parents were migrant farmworkers in Eastern Washington), and because he has Black sons (González has a mixed-race daughter), he has “skin in the game” that his opponent lacks.

Harrell’s belief in anti-bias training runs deep—during this and earlier debates, he pointed out that he sponsored a 2017 ordinance requiring officers to undergo the training. The law, he said, also required the collection of data on showing “who was stopped, who was frisked, who gets tickets, [and] if there’s racial profiling occurring.” González, who voted for the legislation, said that “passing the ordinance didn’t result in a less biased police force,” and argued for shifting funds toward alternatives she argued will lead to “true community safety,” like programs that focus on early intervention, youth employment, and neighborhood economic development.

The two also differed strongly on whether the consent decree—a decade-old agreement between Seattle and the US Department of Justice that places a federal judge in charge of overseeing reforms to SPD—is an “obstacle” for elected officials trying to divert money from the police department to alternative public safety programs.

From González’ perspective, the federal court’s oversight has become more onerous and less useful. “The city is now required to send most of our police budget changes to the court for approval, and I don’t believe that’s what the consent decree was originally intended to do,” she said. Harrell initially offered a one-word answer to Goode’s question about the consent decree—”nope”—but when pressed to elaborate, he commented that he doesn’t “see it as a barrier or a strength—it’s just the letter of the law.”

2. Harrell began the virtual forum by showing viewers a black-and-white photo of his childhood baseball team, saying, “These men… are the fathers and mentors of the Black community.” He followed up during the forum with two more photos—one of himself and his friends in college, including one who “became a Seahawk,” and one of his father “in the 1960s, when I was born right here in Seattle.”

In several instances, Harrell seemed to suggest that because he grew up in Seattle (unlike González, whose parents were migrant farmworkers in Eastern Washington), and because he has Black sons (González has a mixed-race daughter), he has “skin in the game” that his opponent lacks. “While I appreciate my opponent’s answer, this is this is personal for me and my family. I have two Black sons that have been in the city their entire life. And so when I hear this information [about police brutality], it is not anecdotal for me.”

González didn’t counter this suggestion directly, but pointed to her work as a civil rights lawyer working on behalf of victims of police violence and the fact that “I have lost family to police violence. … And I want to work towards having a city [where] parents don’t have to fear if their black or brown babies are going to come home tonight.”

2. As of Monday, only about two dozen SPD employees had not turned in proof that they are fully vaccinated, indicating that most of the 140 holdouts left on Friday were making a point. Continue reading “Mayoral Candidates Spar on Public Safety, Being “From Here”; Anti-Vax SPD Exodus Averted”

Lambert’s Colleagues Denounce Racist Mailer, Cops Debate Use of Projectile Launchers, and a Provider Recounts Street Sink Frustration

1. Six members of the King County Council—all Democrats—condemned Republican County Councilmember Kathy Lambert yesterday for a campaign mailing to some of East King County constituents that implied Lambert’s opponent, Sarah Perry, is being controlled by a shadowy cabal made up of Jews, socialists, and people of color.

The mailer showed three unrelated elected officials of color—Vice President Kamala Harris, Seattle City Councilmember Kshama Sawant, and Lambert’s own colleague, King County Councilmember Girmay Zahilay—along with US. Sen. Bernie Sanders, looming above a Photoshopped image of Perry as a marionette, a classic anti-semitic trope. Harris, Sanders, and Sawant appear to be laughing while Zahilay pulls Perry’s strings.

The message to white Eastside voters is as clear as an “OK” hand sign: If you don’t reelect Lambert, brown, Black, and Jewish Democrats will take over the Eastside and impose their left-wing values on you and your family. But just in case the dog whistles were too subtle, the mailer is emblazoned: “SARAH WOULD BE A SOCIALIST PUPPET ON THE EASTSIDE PUSHING THEIR AGENDA. SARAH PERRY IS BACKED BY SEATTLE SOCIALIST LEADER GIRMAY ZAHILAY WHO WANTS TO DEFUND THE POLICE.” The flip side calls Perry an “ANTI-POLICE PUPPET.” 

Lambert is currently fighting for her political life in a diversifying East King County district where 60 percent of primary-election voters supported one of two Democrats over the 20-year Republican incumbent.

“Put simply, this is a racist piece of political mail. It has no place in any public or private discourse here in King County,” the six council members said. “Planning, authorizing and mailing a communication like this betrays ignorance at best, deep seated racism at worst. Regardless, it demonstrates disrespect for the fundamental duty that the residents of King County give to all of their elected representatives—the duty to respect and serve everyone who resides in King County, regardless of race or ethnicity.”
The council members—Zahilay, Claudia Balducci, Jeanne Kohl-Welles, Dave Upthegrove, Joe McDermott, and Rod Dembowski—demanded that Lambert apologize to Zahilay and Perry “for subjecting everyone, especially our friends, families and constituents of color, to this hurtful and painful communication.”
PubliCola first posted the full mailer on Twitter Wednesday morning.

“Although it’s led and orchestrated by the city, the city is not interested, really, in bringing anyone to help us… They’re looking for partners like nonprofit organizations that have direct access to water that would be able to make their water available. So it’s like—now you’re relying on us.”—David Sauvion, Rainier Beach Action Coalition

2. The Rainier Beach Action Coalition, which works to promote affordable housing and equitable development in Southeast Seattle, was one of many organizations that expressed an interest in setting up a street sink to help prevent the spread of communicable diseases, particularly among people experiencing homelessness.

But, according to RBAC Food Innovation District strategist David Sauvion, the organization decided against installing a sink after the city informed them that they would be wholly responsible for providing water to the location, making sure it was ADA compliant, and maintaining the sink, all without any direct support from the city.

“Although it’s led and orchestrated by the city, the city is not interested, really, in bringing anyone to help us… They’re looking for partners like nonprofit organizations that have direct access to water that would be able to make their water available. So it’s like—now you’re relying on us.”

Sauvion said RBAC wouldn’t have minded paying for the water; the problem was that RBAC wanted to install a sink where it would actually get some use, next to a bus stop on the southeast corner of South Henderson Street and MLK Way South, rather than directly in front of their office, which is in a house on a quiet corner across the street. “It’s just not a place where we see a lot of homeless people,” Sauvion said.

As for the city’s insistence that nonprofit groups should be willing to provide ongoing maintenance, including graywater disposal, without help from the city, Sauvion said, “why don’t we do that? Why don’t we just rely on everybody else to provide the services the city should be providing?”

The founders of the Street Sink project, Real Change, spoke to about 100 organizations about hosting a street sink. Of those, just nine met all of the city’s requirements, and only five told the city they were interested in moving forward. Since the Street Sink project started in May 2020, just one sink has been installed.

3. During Seattle’s Community Police Commission (CPC) meeting Wednesday, Mark Mullens—the sole police officer on the commission—revisited an ongoing point of tension between the Seattle Police Department’s command staff and its rank-and-file.

“Is it not true that the 40 millimeter launcher is banned?” he asked Interim SPD Chief Adrian Diaz, referring to a gun that fires large rubber projectiles as an alternative to live ammunition.

“That is not true,” replied Diaz, who was attending the meeting to answer questions from the commission. Continue reading “Lambert’s Colleagues Denounce Racist Mailer, Cops Debate Use of Projectile Launchers, and a Provider Recounts Street Sink Frustration”