Category: Police

D.C. Protest Cops Sue for Secrecy, Questions About “Shelter Surge,” and Concerns About Police Contract

Seattle Deputy Mayor Casey Sixkiller

1. Six Seattle Police Department officers who were in Washington, DC on January 6 for the “Stop the Steal” rally that preceded the attack on the US Capitol building have sued the Seattle Police Department and four individuals who filed public records requests with the department to prevent the department from disclosing their names. The six officers are currently under investigation by the Office of Police Accountability (OPA) for their potential involvement in the attack on the Capitol.

According the complaint, which the officers filed in King County Superior Court on Tuesday, the six are seeking a temporary restraining order that would stop SPD from releasing their names and unredacted personnel files. SPD and the OPA will release their names and unredacted personnel files to the public unless they receive a temporary restraining order by February 25, the officers noted in the complaint.

“It is highly inappropriate for a public employer to demand that its employees disclose their attendance at a political event, and then release the identities of any employees who attended that political event to the public,” the complaint says.

The lawsuit claims that the officers will be “targeted, harassed, subjected to violent acts or sustain other irreparable harm” if their names are made public, particularly while the OPA investigations are still ongoing.

“It is highly inappropriate for a public employer to demand that its employees disclose their attendance at a political event, and then release the identities of any employees who attended that political event to the public,” the complaint says. “Just as it would be anathema for a public employer to require its employees to disclose who they voted for in any particular election, and then disclosure that information to members of the public.”

The complaint says the officers did not take part in the Capitol attack, and that if their names come out, the officers will be “painted as ‘criminals’ or ‘extremists’ solely by virtue of their constitutionally-protected attendance at a political speech and rally.” It also argues that releasing the officers’ names may violate state law, which prohibits government agencies from disclosing records connected to ongoing investigations into violations of federal, state or local laws.

If the officers receive a temporary restraining order from the court, they will then seek a permanent injunction preventing SPD from disclosing their names in the future.

2. During a wide-ranging briefing about the hotel-based shelters Mayor Jenny Durkan announced this week, deputy mayor Casey Sixkiller fielded questions from the council about the scope of the program, who it will serve, and why the mayor’s office seems so attached to partnering with a specific hotel in downtown Seattle, the Executive Pacific Hotel. The city fully rented the same hotel at the beginning of the pandemic for first responders and, when first responders didn’t use the rooms, for nurses and other essential workers. The hotel remained almost entirely vacant for the duration of the lease, which cost the city about $4 million.

Not all of these rooms will be used as shelter.

As we reported earlier this week, the announcement confirms PubliCola’s previous reporting that Chief Seattle Club will operate a shelter and rapid rehousing program out of King’s Inn in Belltown, and LIHI and Chief Seattle Club will run a similar program out of the Executive Pacific.

Although Sixkiller echoed Durkan’s announcement that the two hotels will provide 220 rooms for people experiencing homelessness, the actual number is closer to 200, because some of the rooms at both hotels will be used for case management, live-in staff, and other purposes. That’s about 100 less than the 300 hotel rooms the city announced it would provide last October, when the estimate for the hotels to open was no later than January. The city now says both hotels will open sometime in March, more than a year after the mayor declared a COVID-19 state of emergency.

“Our goal here is sort of a ‘both, and,’ council member—both individuals who have high acuity needs as well as others.”—Deputy Mayor Casey Sixkiller

The mayor’s office has referred to the hotels as a yearlong program, but the plan includes a total of at least two months to ramp up and ramp down the programs, so the planned duration of the actual shelters is more like nine to ten months. 

The program has changed in other ways. Although the budget action appropriating city funds for the “shelter surge” explicitly said the hotel program would serve people with the greatest service needs—who happen to be the group causing the greatest “disorder” in areas like downtown and Pioneer Square—LIHI plans to serve people who can more easily transition into the rapid rehousing program that is also a key component of the mayor’s plan.

Councilmember Dan Strauss asked Sixkiller whether the program would also help “high-acuity” clients, as the deputy mayor said it would as recently as last December, when Sixkiller brought advocates from the Public Defender Association and REACH, two groups that serve high-needs unsheltered people, along with him to the council’s homelessness committee to promote the program.

“[With] all of our shelter units, we are trying to pair individuals with the housing that best meets their needs and the services that they need to be successful in making that transition from being outside and into housing and on the journey, hopefully, into permanent housing,” Sixkiller told the council yesterday, “so our goal here is sort of a ‘both, and,’ council member—both individuals who have high acuity needs as well as others.”

LIHI has indicated that at least some of the people who will move into the Executive Pacific will come from other LIHI programs; Chief Seattle Club did not return a call seeking more information about their program. Referrals will go “through” the new HOPE Team, which replaced the Navigation Team, but the exact details of how that will work and how the agencies will identify hotel clients are vague; the HOPE team does not actually do outreach, but coordinates referrals from their offices.

Sixkiller would not get into the cost of each hotel room, saying that was proprietary information until the city had inked the contracts. But a back-of-the-envelope calculation indicates that if the city spends all of the available money on these two hotels, the cost will work out to about $28,000 a bed, or around the same amount as the expansion of the JustCARE program the city rejected as too expensive.

Councilmember Lisa Herbold asked Sixkiller whether the “125 new shelter beds” the mayor announced this week were actually new. The two new tiny house villages were actually council additions to the mayor’s budget last year, and the WHEEL shelter opened earlier this month after the organization spent months pressuring the mayor’s office to allow them to open a nighttime shelter in City Hall, a plan the mayor’s office rejected. Sixkiller responded that he could get back to her about the “color of money” funding each part of the “surge,” prompting Herbold to respond, “This isn’t merely an academic exercise” about “the color of money” but a question of how many actually new beds will be available.

3. The Community Police Commission voted on Tuesday to approve a list of recommendations for Seattle’s upcoming contract negotiations with the Seattle Police Officers’ Guild (SPOG), the largest of the city’s police unions. The recommendations address both the transparency of the city’s bargaining process and the city’s priorities during bargaining.

The commission generally agreed on the transparency proposals, which included a recommendation to require the city to make public the membership of its negotiating team, its bargaining priorities, and any concessions it makes during negotiations. Commissioners also broadly supported a recommendation that negotiators try to remove the parts of the SPOG contract that allow the agreement to supersede city law; Officer Mark Mullens, the only SPD officer on the commission, was the only member to oppose that proposal.

Continue reading “D.C. Protest Cops Sue for Secrecy, Questions About “Shelter Surge,” and Concerns About Police Contract”

Council Considers Cutting SPD by $5.4 Million in Response to 2020 Overspending

Changes in SPD Staffing from 2012 to 2021, via Seattle Police Department)

By Paul Kiefer

The Seattle City Council’s Public Safety Committee is considering a $5.4 million cut to the Seattle Police Department’s 2021 budget to account for an equivalent amount of overspending by the department last year. During the committee’s regular meeting on Tuesday morning, council members received a briefing from the council’s central staff on the potential impacts of those cuts on a department still reeling from a spike in attrition in 2020.

Last August, in an effort to avoid spending extra money on protest-related overtime, the council passed a resolution saying that they wouldn’t support any increase to SPD’s budget “to offset overtime expenditures above the funds budgeted in 2020 or 2021. Three months later, the council backpedaled, grudgingly adding $5.4 million to SPD’s to backfill for overspending on family leave, separation pay, and overtime pay for officers working at COVID testing sites.

While none of the spending in Durkan’s proposal would directly pay for protest-related overtime, several council members—including budget committee chair Teresa Mosqueda—argued that the department could have avoided year-end budget shortfalls if it had scaled back its protest response and prioritized spending on other unanticipated expenses.

But the council wasn’t happy bailing out SPD, and on the same day, they passed a second resolution expressing their “intent” to cut an equal amount from SPD’s 2021 budget to offset the overspending and discourage the department from spending beyond its budget in the future. The council also passed a budget proviso withholding $5 million from SPD’s budget under the assumption that the department would save at least $5 million in staff salaries because of high attrition and the city-mandated hiring freeze; if the department didn’t reach $5 million in salary savings, the council would lift the proviso.

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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.

Year-end attrition figures from SPD surpassed the council’s expectations. By the end of 2020, 186 officers had left the department—double SPD’s projections for attrition at the beginning of last year. The council developed SPD’s 2021 budget under the assumption that the department would pay 1,343 officers; on Tuesday morning, the council’s central staff estimated that SPD will only fill 1,289 of those spots, leaving SPD with as much as $7.7 million in salary savings in 2021. Continue reading “Council Considers Cutting SPD by $5.4 Million in Response to 2020 Overspending”

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”

Investigations into Police Conduct at Protests Provides Window into Office of Police Accountability

Protest at 11th Avenue and Pine Street on Capitol Hill in June 2020 (Creative Commons)

By Paul Kiefer

Seattle’s Office of Police Accountability (OPA) is less than halfway through the 142 investigations it launched into the Seattle Police Department’s response to last summer’s protests—the result of nearly 20,000 individual complaints. Since September, the office has closed 55 of those investigations.

Relatively few of the investigations resulted in the OPA finding an officer guilty of misconduct significant enough to merit discipline: The office only ruled that officers seriously violated department policy in 12 cases. Some involved well-publicized incidents. For example, the OPA ruled that an SPD officer breached department policy when he threw a tear gas canister at an NBC news crew in Cal Anderson Park on June 1, hitting correspondent Jo Ling Kent in the arm. Of the 12 officers involved in those incidents, SPD has issued written or oral reprimands to six, including the officer who threw the tear gas canister at the news crew. The other six officers await a disciplinary decision from Interim Police Chief Adrian Diaz.

But the OPA isn’t limited to deciding whether or not an officer needs discipline. The office’s rulings on protest-related misconduct allegations have been a window into the OPA’s toolkit—and into the strategic thinking of its director, Andrew Myerberg.

Training Referrals

In about 20 percent of protest cases, Myerberg recommended “training referrals” instead of discipline. A training referral directs SPD to re-train an officer on the specific policy or practice they violated; the OPA typically issues the referrals to first-time offenders.

In one case, an officer received a training referral for having his body-worn video camera off when he fired a pepper ball at a reporter reaching into her bag at a protest on Capitol Hill; after watching the bodycam footage from a nearby officer, the OPA concluded that SPD couldn’t hear the reporter identify herself as press, and believed she was reaching into her bag for something to throw at him. Another officer was referred to training after insinuating that he would ticket a bicyclist who questioned why SPD officers were using a Seattle Public Schools property as a staging ground.

La Rond Baker and Erin Goodman, the co-chairs of Seattle’s Community Police Commission—one of the OPA’s counterparts in the city’s police accountability system—said it was unclear that training referrals are having their intended effect. “We believe there needs to be a critical conversation both about the effectiveness of these trainings, and the negative effects limited disciplinary sanctions might have on the culture of the Seattle Police Department and public trust in Seattle’s accountability system,” they told PubliCola in a joint statement.

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Myerberg says that the OPA hasn’t collected data about how well the training referrals work—for example, by tracking whether officers who go through mandatory training break the rules again—because of staffing restraints. “We have anecdotally looked at behavior changes,” he said, adding that his office hasn’t seen any noticeable patterns of repeat offenses.  Nevertheless, the OPA hasn’t formally reviewed the recidivism rates of officers who receive training referrals.

He also argues that issuing training referrals for first-time offenses that aren’t serious uses of force, bias incidents or dishonesty is a matter of fairness. Recommending more serious consequences for those first-time offenses wouldn’t be appropriate, Myerberg said, because “there’s no other employer that would hold their employees to that high a standard,” particularly given the unusual pressures of officers’ jobs—though, as police accountability advocates pointed out routinely over the past year, no other employer gives its employees the right to detain or kill. He added that issuing training referrals is an opportunity to push SPD supervisors to take a more active role in correcting officers’ behavior and department culture.

 

Management Action Recommendations

In some cases—like that of the British journalist who SPD officers arrested at Cal Anderson park last July—the OPA ruled that officers acted in line with department policy, but that their actions pointed to flaws in policy or training (rather than in the officers’ judgment). When those situations arise, Myerberg can issue a “management action recommendation” to suggest changes to the department’s policy manual and training curriculum.

Since September, Myerberg has issued eight of those recommendations. Those include a recommendation that SPD train its officers to make fewer misdemeanor arrests at protests to avoid escalating tensions, and that the agency screen its social media posts for accuracy. Current SPD policy only requires the department to screen tweets about shootings by officers and other incidents in which police kill or seriously injure people. Continue reading “Investigations into Police Conduct at Protests Provides Window into Office of Police Accountability”

State Proposal Creating Community Oversight Boards for Police Could Have Unintended Consequences

By Paul Kiefer

A bill that would create a framework for civilian oversight of law enforcement agencies across Washington state is making its way toward a vote on the floor of the state house, but police accountability experts say that the bill needs refinement to avoid unintended consequences.

The bill, sponsored by Rep. Jesse Johnson (D-30), would require every jurisdiction statewide that employs 15 or more law enforcement officers to create a “community oversight board” to receive and investigate civilian complaints about police misconduct. It also sets some rules for board membership, barring people who work for or have close ties to law enforcement and reserving seats on each board for community members.

Unlike most cities in Washington, Seattle already has a trio of police oversight bodies: the Office of Police Accountability (OPA), which investigates individual cases of misconduct; the Office of the Inspector General (OIG), which reviews Seattle Police Department policy and tactics and issues recommendations; and the Community Police Commission (CPC), which mostly plays an advisory role for SPD. In its current form, the bill would allow Seattle to keep all three bodies, but with some significant changes, including requiring the OPA to rebuild an all-civilian investigation team and potentially move outside of SPD, limiting its access to department records.

When the House Public Safety Committee fielded comments on the bill on January 26, OPA director Andrew Myerberg told the committee that he could not fully support the proposal. In its original form, the bill didn’t create a clear exception for accountability agencies like the OPA. “I do agree with the bill insofar that I believe civilians can do the work of police accountability and do it well,” Myerberg said, but he worried that the framework for community oversight outlined in the bill would require jurisdictions like Seattle to dismantle their existing civilian oversight structures and replace them with a single board tasked with both misconduct investigations and policy advising.

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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.

After the first round of testimony, Johnson worked with representatives from Seattle and Spokane, which also has an existing police oversight agency, to amend the bill with concerns like Myerberg’s in mind. The most notable adjustment was the inclusion of a clause allowing jurisdictions with “multiple similar oversight bodies” to retain those agencies if they comply with the rest of the bill’s contents. One of the goals of the changes, Johnson told PubliCola, “is to preserve the functions of the OPA as long as the membership rules for community oversight boards are implemented within the OPA.”

To do so, Johnson said, the OPA would need an all-civilian investigative team by January 2023. Currently, nine of the OPA’s 11 investigators are sworn police officers—a consequence of Seattle’s contract with the Seattle Police Officers Guild, which limits the number of civilian investigators. If passed, the bill would supersede Seattle’s agreements with its police unions. The bill would also require the OPA to reserve some of its civilian staff positions for people representing impacted communities. Continue reading “State Proposal Creating Community Oversight Boards for Police Could Have Unintended Consequences”

Community Safety Research Effort Splinters, Leaving Future of $3 Million Project Unclear

Black Brilliance Research Project co-lead Shaun Glaze

By Paul Kiefer

Editor’s note: This post has been updated. See below for update.

On Monday afternoon, the Black Brilliance Research Project announced a split with King County Equity Now, the organization that the city selected last year to coordinate research that will lay the groundwork for a public safety-focused participatory budgeting process later this year. The Black Brilliance Research Project (BBRP) is the name of that research effort.

In a post published on Medium, Black Brilliance Research Project (BBRP) co-lead Shaun Glaze wrote that Freedom Project Washington, the nonprofit that serves as a “fiscal agent” for the $3 million contract, will now be responsible for coordinating the project, with the BBRP conducting research as a direct contractor to the Freedom Project. At the same time, King County Equity Now (KCEN), the group that’s contractually in charge of the research effort, announced its own new “community research panel” that it says will complete the research.

Under the terms of the Freedom Project’s contract with the city council, KCEN—as the lone sub-contractor to Freedom Project—is responsible for a list of deliverables, including three reports and presentations to the council. KCEN fielded its own team of researchers, including Glaze, but also contracted much of the research out to other nonprofits and community organizations.

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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.

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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 support.

Glaze told PubliCola on Monday night that research teams that previously contracted directly with KCEN will now contract directly with Freedom Project. However, Freedom Project’s role as a fiscal sponsor is strictly constrained by the terms of the contract. For example, the contract does not allow Freedom Project to add or remove subcontractors at will; any substantive changes to the contract must to be approved by the city council, which is likely to have some major questions about the project now that the BBRP and KCEN have said they are going their separate ways.

The BBRP is, in large part, Glaze’s brainchild; Glaze joined KCEN in June 2020 and, alongside co-lead LéTania Severe, assembled KCEN’s research team last fall. Glaze and Severe have also been the primary authors of the work plan and research progress reports submitted to the city council.

In the letter, Glaze wrote that the BBRP’s core staff lost confidence in KCEN’s leadership team after KCEN incorporated as a nonprofit at the end of 2020. “When KCEN represented a collective of Black community organizations, having KCEN facilitate the research made sense,” Glaze wrote. “However, once KCEN chose to incorporate, the community partnership dynamic changed, and this created obstacles and barriers to the research.”

Glaze’s letter claims that KCEN leadership locked researchers out of their email accounts and research databases, “[cut] off communication when requests for transparency and accountability were made,” delayed paying research staff and “dismiss[ed] the lived experiences of some Black community members, including Black people who live in but were not born in Seattle and trans and queer people.”

Of the eight research teams that previously sub-contracted with KCEN, two were notably absent from the signatories of Glaze’s letter: artist collective Wa Na Wari and South Seattle-based nonprofit East African Community Services. PubliCola has contacted East African Community Services and Wa Na Wari about the future of their involvement in the BBRP.

Meanwhile, in a community meeting Monday afternoon, KCEN’s leadership team announced the creation of a new “community research panel” that will “help steward research efforts moving forward,” producing its own report at some point in the coming year.

The council expects a final report on the findings of the BBRP by February 26. According to Glaze, the BBRP team expects to meet that deadline despite the shake-up. It remains unclear what will happen if the council ends up with two separate reports with conflicting recommendations.

Update on 2/11/2021:

The details of the split between KCEN and the core leadership of the BBRP are still difficult to track, but a representative from Freedom Project Washington says that their group will now directly oversee the research teams. (Previously, KCEN was responsible for supervising the work and budgets of the research teams.) In an email to PubliCola on Tuesday, Freedom Project spokeswoman Sauda Abdul-Mumin said the group will also take responsibility for the final research report to the council, which is due on February 26.

The contract for the work, which is held by the Freedom Project, makes King County Equity Now the only subcontractor on the project, and explicitly states that the Freedom Project, as the city contractor, “shall not assign or subcontract its obligations under this Agreement without the City’s written consent, which may be granted or withheld in the City’s sole discretion.” The city attorney’s office is advising the city council (which holds the contract) on what it needs to do to change the contract now, less than two weeks before the final report is due to the city.

Both Glaze, who spoke to PubliCola by text Monday night, and Abdul-Mumin said the re-shuffling of responsibilities won’t hinder the research project. “This change does not impact the contract schedule,” Abdul-Mumin said, “and we are still anticipating a final report and hearing to take place this month. Very little has changed in terms of the research facilitation. This transition occurred to safeguard the stewardship of public funds and remain aligned in our commitment toward making our communities safe for everyone, especially those who have for so long been targeted by systemic racism and oppression.”

Abdul-Mumin didn’t confirm whether KCEN’s own research team on KCEN’s subcontract) will remain involved in the project. However, in an email on Tuesday, KCEN’s press team wrote that the “nearly finalized” research project outlined in the city contract will remain “under KCEN’s Black research umbrella”; they did not clarify whether they intend to submit their own final research report to the council. Instead, the KCEN press team highlighted other advocacy efforts in which their organization is involved; some of those efforts, including calls for the city to set aside $1 billion for an anti-gentrification fund, appeared in past research reports KCEN submitted to the council.

KCEN’s press team also responded to the allegations that their leadership delayed payments to research staff, saying that the city didn’t provide “significant funding” until January. The press team also said that KCEN has paid a total of $1.8 million to the project’s research teams, including more than $1 million that KCEN raised from donors.

The payment schedule included in the city’s contract with Freedom Project Washington specified that the council would release the $3 million allotted to the project in four payments: a $250,000 payment after the council finalized its contract with Freedom Project; a $1 million payment after KCEN submitted a work plan and schedule; a $1.5 million payment after KCEN submitted its preliminary research findings; and a final $250,000 payment after the council received a final research report.

Financial records obtained by PubliCola show that Freedom Project Washington – which, until Monday, was solely responsible for distributing city dollars to its subcontractors and reporting their budgets to the council – show that the nonprofit submitted invoices for the first three payments in November, December and January. PubliCola has reached out to the Seattle City Auditor’s office, which is overseeing the contract’s payment schedule, to determine when Freedom Project received those three payments.

According to their contract with the council, Freedom Project cannot “transfer or reassign” any “essential” research staff without the “express written consent of the city”; Glaze and Severe, the project’s co-leads, qualify as essential staff, so their transfer from KCEN to Freedom Project will likely require city council approval.

Additional reporting by Erica C. Barnett

Federal Judge: Seattle’s Path to Compliance With Consent Decree Still Unclear

By Paul Kiefer

U.S. District Court Judge James Robart convened a hearing on Thursday afternoon to review the city of Seattle’s progress toward implementing police reform and address how Seattle’s path to compliance with the federal consent decree has changed in the wake of last summer’s racial justice protests.

During Thursday’s hearing, the first since the protests, Robart emphasized that the city is still out of compliance with the consent decree in the areas of discipline and accountability, and that Seattle’s path toward an end to federal oversight is still unclear. Robart added that the federal court is now reviewing another possible breach of the consent decree: specifically, whether SPD’s response to last year’s protests leaves the city out of step with the court’s standards for appropriate use of force.

The consent decree—the agreement between the city and the Department of Justice that empowers the federal court to oversee reforms to the Seattle Police Department—dates back to 2012, when the DOJ investigation found that SPD officers frequently used excessive force without consequences. To end federal oversight, the city first needs to achieve “compliance” with the terms of the consent decree and remain in compliance for two years; Robart uses input from the city, accountability experts, and a court-appointed monitoring team to decide what compliance entails.

The court-appointed monitoring team, led by Dr. Antonio Oftelie since last September, submitted a work plan Thursday morning to track the implementation of reforms to SPD and the efficacy of the city’s accountability structure in 2021. As SPD prepares to rework its use-of-force and crowd management policies, and while the OPA and OIG conduct follow-up investigations into protest-related police misconduct and systemic policy problems, the monitoring team will act as an auditor, said Monisha Harrell, the court’s deputy monitor. “Our ultimate goal is to not exist,” she told PubliCola. “If the system is working well, then we aren’t needed. So we look for cracks in the system.”

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The city has nominally met Robart’s standards before: In 2018, the judge ruled that Seattle was in “full and effective” compliance with the terms of the consent decree. But less than a year later, Mayor Jenny Durkan and the city council approved a contract with the Seattle Police Officers Guild (SPOG)—the largest police union in the city—that undercut an array of reforms to SPD  accountability. After outcry from accountability advocates, Robart decided that Seattle no longer met the court’s expectations for police accountability and discipline, leaving the city partially out of compliance with the consent decree.

In his ruling, Robart directed the City Attorney’s Office (CAO) to submit plans to restore the accountability reforms by July 2019. More than a year later, the city not submitted a plan. Nevertheless, in early May of 2020, City Attorney Pete Holmes filed a motion to cut back the court’s oversight of SPD, contending that SPD had “transformed itself” under the federal court’s oversight. But Robart never ruled on the city’s motion to end some portions of the consent decree, because the city withdrew the motion shortly after the killing of George Floyd by Minneapolis police officers on May 25 sparked citywide protests.

City Attorney Pete Holmes, who represented the city during Thursday’s hearing, told the court that the protests were a “stress test” for SPD’s accountability structure. However, Holmes pointed to a letter published by Interim SPD Chief Adrian Diaz on Wednesday—entitled “Surpassing Reform: SPD’s Commitment to Accountability and Transparency”—as evidence of the “spirited tenacity of SPD to provide safety and constitutional policing even in the midst of the pandemic.” Holmes also expressed his belief that the accountability agencies—the Office of Police Accountability (OPA), Office of the Inspector General (OIG), and the Community Police Commission (CPC)—are “living up to the test” presented by SPD’s protest response. Continue reading “Federal Judge: Seattle’s Path to Compliance With Consent Decree Still Unclear”

Community Police Commission Appoints Permanent Director

CPC Executive Director Brandy Grant

By Paul Kiefer

Seattle’s Community Police Commission (CPC) promoted its interim executive director, Brandy Grant, to a permanent position during a commission meeting on Wednesday morning.

Grant, who took over as interim executive director in August 2020, was one of three candidates seeking the position. The others were Eddie Aubrey, the manager of the Office of Professional Accountability in the Richmond, California police department; and Ed Harness, the executive director of Albuquerque’s Civilian Police Oversight Agency.

Aubrey began his career as a police officer in Los Angeles and Santa Monica, but he stepped away from policing after the beating of Rodney King by a group of LAPD coworkers in 1992. He later worked as a deputy prosecutor for King County and as Renton’s chief prosecutor, and he established the Office of Independent Review for the Fresno Police Department. As Aubrey told the CPC in a public interview on Monday night, the City of Fresno closed his office “due to lack of funding” after he refused to re-write an critical audit of a fatal police shooting that also sparked a federal civil rights case against the city.

Harness took charge of Albuquerque’s Civilian Police Oversight Agency in 2015; before that, he was a police officer in Milwaukee, a private attorney and a volunteer police commissioner in Wisconsin. In his interview on Monday, Harness cast himself as a “credible” and “pragmatic” choice for the CPC’s executive directorship, arguing that SPD would be more open to his input because of his law enforcement background.

He also suggested a policy priority for the CPC: increasing the minimum hiring age for police officers to 25 and eliminating “veterans preference points” in the department’s hiring process. (The Washington State Senate is considering a bill, sponsored by Senator Patty Kuderer, that would effectively do the former).

Grant was the only candidate without a background as a police officer; before her appointment as a CPC commissioner in 2019, Grant worked as a therapist and public health nonprofit manager. Grant was also the only candidate to express support for “dismantling” and re-structuring Seattle’s police disciplinary process, though she didn’t offer detailed plans to the CPC.

She added that her primary concern in increasing public awareness of the CPC’s role in the city’s police accountability structure. “We would have more support from community if people clearly understood who we are and what we do,” she told the commissioners on Monday. Grant shares that concern with past CPC executive directors—after the Seattle city council made the CPC a permanent agency in 2017, then-executive director Fé Lopez also said that raising the commission’s profile and earning community trust were her top priorities.

The CPC director manages the CPC’s $1.5 million budget and five staff members, and serves as a spokesperson for the commission one in presentations to other branches of city government. However, the CPC’s role in the city’s police accountability structure is only advisory: the commission can make recommendations about SPD policy changes, including the 15 policy recommendations the CPC released on Monday. As of last fall, it also has a role in shaping the city’s agenda and strategy for contract negotiations with police unions.

On Wednesday, the CPC voted nearly unanimously—eleven in favor, with two abstentions—for Grant’s appointment. She is the second executive director to be chosen from the CPC itself; the commission promoted her predecessor, Bessie Marie Scott, from policy director to interim executive director in 2019. Grant will also be the commission’s first permanent director in a year and a half.

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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.

Judge Sanctions Seattle for Violating Order Limiting Use of Weapons Against Protesters

Protesters face Seattle Police officers at a protest in May 2020 (Creative Commons)

 By Paul Kiefer

On Thursday, US District Court Judge Richard Jones issued a decision on the penalties Seattle will face for violating a court order he issued last summer to restrict the Seattle Police Department’s use of “less-lethal” weapons at protests. Jones ordered the city to pay $81,997 to cover the attorneys’ fees for Black Lives Matter Seattle King County (BLMSKC), the plaintiffs who sued the city in September 2020 for violating the court order.

In his decision, Judge Jones rejected two of the city’s arguments—that SPD officers did not violate the injunction, and that if they did so, the violations were minor—while also barring the city from introducing “new facts justifying the violations” after Jones found the city in contempt of his order.

The city’s attorneys tried to introduce new evidence to justify their actions during the protests, a request Judge Jones wrote would turn the city’s control over the most relevant evidence—body-worn video and officer testimony— into “both sword and shield. A shield because, during the contempt proceedings, the City would only introduce the evidence that it sees fit and would ask the Plaintiffs and the Court to consider only that limited record.” Allowing BLMSKC, “out of fairness,” to obtain use-of-force reports and body-worn video that would support its point of view would mean “that these proceedings would be endless,” Jones wrote.

But Judge Jones’ ruling was not a resounding victory for BLMSKC and its legal team, which included attorneys from the ACLU of Washington, Seattle University Law School’s Korematsu Center, and the Seattle law firm Perkins Coie.

Though Jones swatted away arguments from the city’s attorneys that he should reverse his ruling that found the city in contempt of a federal court order, he also turned down sanctions BLMSKC proposed as tools to keep SPD in line with the court order in the future: requiring SPD to send BLMSKC use-of-force reports and body-worn video from “any incident in which SPD uses less-lethal weapons against protesters” within five days of the incident.

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Additionally, Jones slashed the city’s requested attorney’s fees by 65 percent, arguing that many of the attorneys’ hours were “excessive, redundant or unnecessary.”

Last June, BLMSKC filed the lawsuit that led Judge Jones to issue a temporary injunction prohibiting SPD officers from using blast balls, pepper spray, tear gas and other crowd control weapons against nonviolent protesters. After Judge Jones issued his initial injunction, BLMSKC returned to his court again in July to argue that SPD continued to use crowd control weapons against peaceful protesters; in lieu of a court hearing, the city’s attorneys and BLMSKC agreed to expand the injunction to explicitly forbid SPD officers from targeting journalists, medics and legal observers, as from using crowd control weapons to move nonviolent crowds.

But after SPD used crowd-control weapons, including flash bangs, against protesters in August and September, BLMSKC sued the city for violating the court order a second time. When Judge Jones ruled in BLMKSC’s favor in December, he pointed to four clear, documented cases in which SPD officers used blast balls and pepper spray in ways that violated his order by “a clear and convincing margin.” In that decision, he added that four well-documented violations were probably not the full extend of SPD’s breach of the court order; however, because the city didn’t provide body-worn video footage from several protests in August and September, he couldn’t confirm any other cases of misconduct. Continue reading “Judge Sanctions Seattle for Violating Order Limiting Use of Weapons Against Protesters”

Activists Criticize SPD Process for Approving Protest Policy Changes

By Paul Kiefer

On Tuesday night, Seattle’s Community Police Commission held a town hall to field responses to the Seattle Police Department’s proposed changes to their use-of-force and crowd management policies. The meeting was a rare opportunity for activist leaders to ask SPD representatives about the department’s policies and tactics; during a tense two-hour conversation, those activists pointed out that the lack of access to SPD leadership is itself a barrier to accountability.

Some of the proposals include the creation of a special team to investigate use of force at protests and allowing officers to use pepper-ball launchers as an alternative to blast balls, which can hurt protesters standing near the person an officer is trying to target. (The policies would not entirely prohibit officers from using blast balls.)

The CPC’s last public event was 2015, when the commission hosted a gathering to hear the concerns of protesters who had joined the post-Ferguson Black Lives Matter protests in Seattle. Tuesday’s gathering took a very different form: instead of public comment, the town hall paired a panel of police accountability and abolition activists—Nikkita Oliver, Travonna Thompson-Wiley of Black Action Coalition, Le’Jayah Washington from Colorful Communities and Braxton Baker from the Seattle Group for Police Accountability—with three SPD representatives.

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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 CPC arranged the town hall at the last minute; SPD had previously planned to stop taking public feedback by January 8, but the CPC pushed the deadline back to make time for the event.

SPD Assistant Chief Lesley Cordner, who presented the proposed changes to the CPC in December, said the goal of the policy changes is to reduce SPD’s “footprint” at future protests and “target individual law-breakers” in a crowd instead of breaking up otherwise peaceful protests. According to Cordner, the changes would bring the department’s official policies up-to-date with tactical adjustments SPD made after last summer’s protests.

However, any formal changes to SPD’s policies require the approval of the federal judge that oversees the department’s reform efforts. To get that approval, SPD first needs to solicit feedback from the city’s accountability agencies and the public. Before the CPC arranged the town hall, SPD only planned to gather public feedback through an online form posted to their blog in December.

In her initial remarks, Cordner told the panel that SPD reviews and reworks its policies every year; she added that the department considers public input for every round of policy changes, though she didn’t explain how the department has gathered that input in the past.

Cordner’s comments caught the panelists off guard. “I find it pretty flagrant that SPD is parading this as some kind of accountability audit if this is the typical process that happens yearly,” Oliver said. “It’s concerning that I haven’t heard of this policy revision process before,” added Baker. “Because if it wasn’t for [advocacy by the CPC and other accountability groups], this town hall wouldn’t have happened.”

Others criticized SPD for releasing more than 100 pages of proposed policy revisions less than a month before the deadline for civilians to submit their feedback. “BIPOC communities were given only a scrap of time to put together their thoughts on the policy changes,” said Thompson-Wiley. “Meanwhile, the department has already started making the changes.”

At the end of the two-hour town hall, Boatright and the other SPD representatives told the panelists that they would “think hard” about their criticisms of the policies, though they did not give any indication that they would adjust their proposed revisions in light of the criticism.

Baker, however, ended his comments by calling for SPD to extend its deadline for feedback once again. “One town hall isn’t enough,” he said. “We need to hear from the victims who were affected by these policies before we can approve them.”