Category: Police

City May Relinquish Control Over Homelessness Contracts; Surveillance Law May Not Cover Facial Recognition; No Plan Yet for Complaints Against 911 Dispatchers

1. After insisting for more than a year that the city needs to retain full authority over homeless outreach and engagement programs, the city has changed its mind, and will reportedly hand outreach over to the new King County Regional Homelessness Authority along with all the other homeless service contracts currently managed by the Seattle Human Services Department.

KCRHA director Marc Dones told outreach providers that their contracts would move to the new authority at a meeting on Wednesday, several who attended the meeting confirmed. Derrick Belgarde, the director of the Chief Seattle Club, said the belated change makes sense: Outreach “needs some separation from the HOPE team and their efforts.”

Previously, as we’ve reported, Durkan and HSD have argued for keeping outreach, and only outreach, at the city, on the grounds that the HOPE Team (formerly the Navigation Team) needs to have direct access to outreach workers who can connect people in encampments the city removes to shelter and services. The connection between the HOPE team and outreach workers was at the heart of the larger dispute over this year’s contracts, with providers arguing that the new contracts would place them at the “beck and call” of a team that serves as the vanguard for encampment sweeps.

The meeting, led by deputy mayor Tiffany Washington, was called to discuss changes to a set of proposed 2021 contracts that providers said were unacceptable; among other changes, the contracts the city originally sent providers would have required them to do outreach at encampments that the city planned to remove, regardless of whether the community or clients they serve (young adults or Native people, for example) were present.

The new contracts will revert to essentially the same language as the contracts providers signed in 2020. Provisions requiring outreach workers to be on site on the day of encampment removals will be stripped from the new contracts, and the city will greatly reduce the data reporting requirements that some providers found objectionable—eliminating the need, for example, for providers to give the city detailed daily reports on the people they encounter living unsheltered.

Belgarde said he was heartened by Dones’ and Washington’s emphasis on progressive engagement at encampments—focusing first on outreach, and then on more intensive case management, which is the point at which asking more personal questions is appropriate. “They seem to understand why you don’t do it” the first time you meet someone living at an encampment, he said. “It’s traumatizing. You can’t go out there with a pen and pad like you’re a lawyer or the police making notes.”

An HSD spokesperson would confirm only that the department is “in ongoing conversations with providers on a number of items, including what coordinated outreach looks like for both city and county shelter spaces and investments. Additionally, the City is already in conversations with the KCRHA about logistics for the transfer of contracts to the KCRHA. Our primary goal is supporting the ramp up of the authority. HSI will maintain outreach contracts through the end of 2021.”

2. After an investigation by Seattle’s Office of Police Accountability (OPA) into a Seattle police detective’s use of a controversial facial recognition software, OPA Director Andrew Myerberg sent a letter to SPD Interim Chief Adrian Diaz concluding that while the detective used the unapproved technology without permission, it’s unclear whether facial recognition is covered by the surveillance ordinance the city adopted in 2018.

The OPA launched an investigation into South Precinct Detective Nicholas Kartes’ use of Clearview.AI—an artificial intelligence software which bills itself as a kind of Google search for faces, using images scraped from the internet without their owners’ permission—in November, when a civilian watchdog obtained emails showing that Kartes had used the software several times since 2019. At the time, Myerberg told PubliCola that the investigation would hinge on whether Kartes used the software during a criminal investigation, which he said would constitute a clear policy violation and seriously undermine public trust in the department.

In his letter to Diaz on Wednesday, Myerberg wrote that Kartes used Clearview.AI’s search function roughly 30 times since 2019, including for an unclear number of criminal investigations; Kartes didn’t keep records of cases in which he used the technology, so OPA investigators weren’t able to assemble a complete list. According to investigators, Kartes did not inform his superiors that he was using the software. The OPA hasn’t said whether Kartes will face discipline for his use of the unapproved technology.

However, in his letter to Diaz, Myerberg wrote that the city’s surveillance ordinance, which requires city departments to seek the council’s approval of any surveillance technology it intends to use, defines “surveillance” too narrowly to include facial recognition—because software like Clearview.AI does not allow SPD to “observe or analyze the movements, behavior, or actions of identifiable individuals,” Myerberg argued, it may not be addressed by the law.

To deal with the gray area surrounding facial recognition technology, Myerberg recommended that Diaz either create a new surveillance policy that explicitly forbids the use of facial recognition software; he also suggested that Diaz could ask the city council to modify the 2018 surveillance ordinance to clear up any confusion about whether it applies to facial recognition software.

Myerberg’s letter to Diaz came just over a week after the Metropolitan King County Council voted to ban the use of facial recognition technology by county departments, becoming the first county in the nation to pass such a ban.

3. When Seattle’s 911 dispatch center left the Seattle Police Department last week, the OPA lost its jurisdiction over the roughly 140 civilian dispatchers who work in the center. And the new department—the Community Safety and Communications Center (CSCC), which the Seattle City Council hopes will eventually hold other civilian public safety agencies—hasn’t yet outlined a plan to handle misconduct complaints against dispatchers.

Though complaints against 911 dispatchers made up only a small portion of the OPA’s caseload, the unit faced roughly 30 to 40 complaints annually over the past five years. Among the most notable recent cases was a dispatch supervisor fired last year for assigning herself overtime to supplement her income despite being unqualified to answer emergency calls, and another dispatcher whom Interim SPD Chief Adrian Diaz fired in April for telling a Black caller that “all lives matter” during a call about a car break-in.

The OPA’s jurisdiction is set by city law; according to Myerberg, that law—Seattle’s Accountability Ordinance—only authorizes his office to investigate “potential acts of misconduct perpetrated by SPD employees,” which no longer includes 911 dispatchers. While Seattle’s Human Resources department could take on complaints for an additional 140 employees, Myerberg said that if the council or mayor want his office to continue handling complaints against dispatchers, the council will need to expand the OPA’s jurisdiction, which may also require bargaining with the dispatchers’ union.

PubliCola has reached out to CSCC Director Chris Lombard about his plans for handling misconduct complaints against dispatchers.

City’s Decision to Deny Permit for Event Commemorating Art at CHOP Could [UPDATED: Did] Backfire

By Erica C. Barnett

UPDATE: On Thursday afternoon, the ACLU of Washington and Public Defender Association sent a letter to the city attorney’s office, along with several city department leaders, calling the decision to deny CHOP Art’s permit “unconstitutional” and saying “we may need to take emergency legal action” if the city doesn’t act. The says the denial was clearly based on the content of the event itself rather than any legitimate “safety” concerns.

The city, as we reported this morning, has claimed that community members have said that any event commemorating CHOP, including an event celebrating the art of the protest, “would be disturbing or even traumatic” and that they applied a higher-than-usual safety standard because of violence that occurred during last year’s protests.

Original story follows.

Mark Anthony doesn’t know why the city declined his permit for an event in Cal Anderson Park after working with his group, CHOP Art, for the last eight months, but he has a theory: “I think that it got up to the mayor’s office, and I think they’re trying to say that CHOP itself is something that’s violent or negative, which isn’t true,” he said.

Capitol Hill Seattle was first to report on the city’s last-minute decision to deny a permit for a long-planned street fair this coming weekend commemorating the one-year anniversary of last year’s Capitol Hill Organized Protest. CHOP turned into a longstanding, entrenched protest area after Mayor Jenny Durkan and her police chief, Carmen Best, responded to protests against anti-Black police brutality by indiscriminately tear-gassing protesters and targeting them with blast balls, pepper spray, and other “less-lethal” weapons.

CHOP Art was formed to store and steward the art created at the event, which the city removed but promised to display at some later date. The location of the art is now unknown after a dispute between the organization’s founders that is still ongoing.

“They completely didn’t respond to me for over a week and a half, and then [Tuesday], three days before the event, they finally got back to me saying that due to the violence that has gone on in Seattle and the violent groups [at CHOP], they said that it was not going to be a safe environment.” — CHOP Art event organizer Mark Anthony

Anthony said his intent was to have a kind of “Black renaissance fair” on the site of the protest, with the blessing of the city’s Arts in the Parks program. “They’re the ones that reached out to me,” Anthony said, adding that he’s been meeting with Randy Wiger from the Parks and Recreation department regularly for at least six months to discuss the event. When the city told him they wouldn’t support “anything in relation to CHOP,” Anthony said, he changed the name of the event, “removed every reference to CHOP,” and reframed it as a Juneteenth celebration.

“They completely didn’t respond to me for over a week and a half, and then [Tuesday], three days before the event, they finally got back to me saying that due to the violence that has gone on in Seattle and the violent groups [at CHOP], they said that it was not going to be a safe environment,” Anthony said.

The Parks Department responded to PubliCola’s questions by providing a brief statement saying that they denied the permit because of community concerns. “We have heard from community members expressing concerns that any events celebrating or commemorating the events that occurred at Cal Anderson in summer of 2020 would be disturbing or even traumatic to the community,” the statement said.

In response to a followup question about which community members had opposed the event, a Parks spokeswoman said, “We heard from neighbors, artists who had previously worked with the CHOP Art group, and other members of the general public that the proposed event would be traumatic considering both the destruction to the park and the acts of violence that took place last summer.”

Charlotte LeFevre, an organizer of the Capitol Hill Pride March and Rally, said she was disappointed but not surprised that the city denied Anthony’s permit. “It’s infuriating that the city did the same thing they’re doing to Anthony they did that to us in 2017,” she said, when “the city yanked our permit before our scheduled National Pride march.” (The controversy over that event got wide coverage at the time.)

“The city does not have the right to deny a person or an organization the right to schedule a community public event in a public park based on so called perceived security risks,” LeFevre said. Continue reading “City’s Decision to Deny Permit for Event Commemorating Art at CHOP Could [UPDATED: Did] Backfire”

Moving 911 From the Police Department Is Just a Start

Photo by Dimo Fedortchenko (Creative Commons)

By Paul Kiefer

Last year’s protests may not have resulted in the dismantling of the Seattle Police Department, but as of June 1, they have produced one small shift: Seattle’s 911 dispatch is no longer housed within SPD. Instead, the unit is now a part of the Community Safety and Communications Center (CSCC), a new, independent city department that will, in theory, eventually house other civilian crisis response and public safety programs.

The move isn’t likely to have an immediate impact on who responds to emergency calls; for now, elected officials and advocates for downsizing the police hope that it will leave the door open for more significant changes.

The Seattle City Council proposed moving the dispatch center as part of its plan to shift functions and funds away from SPD last year and “develop a crisis response that doesn’t rely on an armed police response,” as council public safety committee chair Lisa Herbold said in a statement last month. “911 dispatch has been called the gatekeeper for the whole criminal justice,” she said. Citing a 2015 statistic linking more than half of that year’s police killings of unarmed people nationwide by police to 911 calls, Herbold argued that when dispatchers are primed to refer calls to police, the public is at greater risk.

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The move to the CSCC is unlikely to prompt any immediate changes in how dispatchers handle 911 calls. “Right now, our move out of SPD is mostly a name change,” said Jacob Adams, the president of the Seattle Police Dispatchers’ Guild. His unit transferred to the CSCC almost intact; the only sworn officers in the unit were a lieutenant and a captain, and they did not move to the CSCC.

More importantly, Adams said, the emergency response options available to dispatchers haven’t changed. “Before the move, we could refer people to the police or animal control; we could transfer them to [the Seattle Fire Department], and we did a lot of referrals to service providers, too,” he said. “And right now, it seems like that will stay the same. We’re always going to be tied at the hip with police and fire.”

But despite their close relationship with the police department, Adams said that his union is eager for a more finely tuned approach to emergency response. “Among other things, it would be really great to have a system in place for us to reach the counselors of people with mental health challenges,” he said. “They could have a plan in place for what to do when their patient needs help, and they could become another entity we could dispatch. We would get to know them, learn their procedures and what they need from us.” Continue reading “Moving 911 From the Police Department Is Just a Start”

Compassion Seattle Predictions, Street Sink Challenges, and Another Durkan Task Force Releases Recommendations

1. At a panel discussion hosted by GeekWire last week, two prominent supporters of the “Compassion Seattle” charter amendment on homelessness said voters should not read anything into the fact that the group does not, as they initially claimed, have widespread support from Seattle homeless service providers.

Late last month, in a story first reported by PubliCola, the group was forced to take down its endorsement page because many of the homeless service providers listed on the site have not actually endorsed the measure. The charter amendment would require the city to fund new shelter beds and behavioral health care from existing resources while enshrining the city’s authority to sweep encampments in Seattle’s constitution.

“Not one of those nonprofit leaders has retracted the statements they made talking about the charter amendment and why it’s a good thing,” Compassion Seattle founder Tim Burgess said. Rachel Smith, CEO of the Seattle Metro Chamber, added, “Many organizations have a process to go through [for endorsements] so I don’t think that is indicative of where they may be. … All those organizations have made statements about how they informed the language, and I think their own words are what we should lean on when we talk about about how they think about this.”

Several service providers, including the Public Defender Association, the Downtown Emergency Service Center, and the Urban League of Seattle worked with Compassion Seattle to soften the language of the initiative, which originally focused primarily on removing unsheltered people from public spaces. However, it’s far from clear that any of these groups will formally endorse the measure.

2. One of the many challenges the city has cited to explain the slow rollout of public handwashing sinks is the difficulty of disposing “graywater”—the runoff from sinks, washing machines, and showers. Unlike stormwater runoff, which flows directly into Puget Sound through the city’s storm drains, graywater (like raw sewage) has to be cleaned and processed through the city’s sanitary or combined sewer system—there’s even a federal consent decree saying so.

If the street sinks program founders, it may be because the city chose to be inflexible not just on optional requirements, like graffiti-resistant materials, but on how it empowers street sink providers to comply with the law.

The city has awarded contracts to two groups, both contingent on solving the issue of graywater disposal along with a host of other issues. The Clean Hands Collective, led by Real Change, has proposed a simple basin, fed by a regular garden hose, that would drain into a planter filled with soil; Seattle Makers, a South Lake Union makerspace, has proposed letting the water in its “handwashing station” prototype drain into a 50-gallon tank, which they would either clean with chlorine tablets or haul away to an SPU facility for disposal.

“Basically, for version 1 of this, we’re going to have to take out the [dirty] bucket and replace it and we have to figure out where the city wants us to drive that bucket of water,” Devin Barich, a volunteer with Seattle Makers, said. Barich also said Makers was considering adding “cleaning tablets” to the dirty water in the hope that that would make the water clean enough to pour down the storm drain. Continue reading “Compassion Seattle Predictions, Street Sink Challenges, and Another Durkan Task Force Releases Recommendations”

Can the the Seattle Police Department Consent Decree Be Fixed?

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

By Paul Kiefer

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

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

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

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

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

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

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

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

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

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

Support PubliCola

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

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

So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

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

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

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

Diaz Demotes Assistant Chief for June 2020 Protest Response

Former Assistant Chief Steve Hirjak

By Paul Kiefer

On Wednesday morning, Interim Seattle Police Chief Adrian Diaz announced in a letter to Seattle City Councilmember Lisa Herbold that he has demoted Assistant Chief Steve Hirjak for his role in the Seattle Police Department’s response to the first weekend of city-wide protests in the summer of 2020.

Diaz’s decision to demote Hirjak came two weeks after he overturned the findings an Office of Police Accountability (OPA) investigation that held a well-known lieutenant—John Brooks, a veteran officer who has lead SPD’s protest response unit since September—responsible for directing officers to use tear gas, blast balls and pepper spray against mostly peaceful protesters near the East Precinct on June 1.

At the time, Diaz argued that Brooks should not face discipline for decisions made by his superiors in the department; Diaz also claimed in a blog post on May 13 that “additional information has surfaced which was not included in the OPA investigation” that cleared Brooks of responsibility for using excessive force against protesters.

However, the chief assured fellow city leaders and the public that he would discipline someone—likely a member of his department’s command staff—for the June 1 debacle. “I am committed to full accountability and transparency for all of our actions, but I am also committed to ensuring that I reach every decision correctly and fairly,” he wrote.

During a meeting of the Community Police Commission the following week, OPA Director Andrew Myerberg questioned Diaz’s claim to have uncovered new information about SPD’s response to the June 1 protest. “As far as we know, there is no new information,” Myerberg said to the CPC commissioners. “The new information may be the chief thinking that, given his view of the chain of command, that he wants to hold an assistant chief responsible.”

Hirjak, who was Brooks’ commander on June 1, was the most obvious choice, though OPA investigators who interviewed the assistant chief had previously determined that he did not directly order officers to disperse the crowd. As an assistant chief, Hirjak was not a member of a union, which allowed Diaz to demote him without an investigation or a legal challenge.

In his letter to Herbold on Wednesday, Diaz walked back his claims about “additional information” that could implicate Hirjak. “There was (and is) no separate investigation and no information that [the] OPA did not have access to,” he wrote. Instead, Diaz wrote that he based his decision on a broader review of command failures between May 29 and June 1, 2020, when large-scale protests began in the wake of the murder of George Floyd by Minneapolis Police officers; Hirjak was the commander responsible for SPD’s protest response that weekend.

“My decision is based on concerns and observations regarding planning, logistics, communications, decision-making, and staffing analyses that in my view laid the groundwork for the escalation of tensions that followed,” Diaz wrote on Wednesday. ” undamentally, I must have confidence that each and every member of this department’s sworn Command Staff… be able to step into an incident command position as circumstances may require. This demotion is a reflection of my lack of confidence in [Hirjak’s] ability to do so.”

Per city code, Hirjak will return to his previous rank of captain within SPD.

Parking Enforcement Stays at SPD For Now, Memo Outlines City’s Objections to Street Sinks, Cops’ Vaccination Rate Remains Unknown

1. The Seattle City Council voted Monday to keep the city’s parking enforcement unit in the Seattle Police Department until September, approving an amendment to legislation moving the 911 call center and parking enforcement from SPD to a new Community Safety and Communications Center. Their hope is that that the unions representing the parking unit’s management and rank-and-file will use the next three months to resolve their disagreements about which city department should absorb parking enforcement.

Last fall, council public safety chair Lisa Herbold proposed moving the unit to the CSCC in response to lobbying by the Seattle Parking Enforcement Officers’ Guild, which represents the unit’s roughly 100 rank-and-file members. Nanette Toyoshima, the union’s president, told PubliCola in October that she hoped to give parking enforcement officers a larger role in the city’s efforts to civilianize public safety.

At the time, other council members didn’t oppose the move. But Mayor Jenny Durkan, Seattle Department of Transportation Director Sam Zimbabwe, and parking enforcement unit management argued that parking enforcement would operate more efficiently in SDOT than the new community safety unit. In a letter to the council in April, Zimbabwe argued that transportation departments manage parking enforcement in other cities, including Denver and Houston, and said SDOT is better prepared to absorb parking enforcement than the still-untested CSCC.

Zimbabwe’s arguments, and lobbying by parking enforcement management, convinced Council President Lorena González, who is now the council’s most vocal supporter of moving the unit to SDOT. But Councilmember Andrew Lewis, who has communicated with leadership in both unions, urged the council to delay moving the unit out of SPD until parking enforcement management and officers can reach an agreement about which city department would make a better home for their unit.

“It is always hard for us as a pro-labor council when two members of our broader labor family have a disagreement,” he said during the council’s weekly briefing on Monday. “I think this would benefit from additional time to better understand a way to resolve this equitably and without dividing the labor community.”

The 911 call center will still move to the CSCC by June 1.

2. On Monday, Seattle Public Utilities provided responses to a list of questions posed by Councilmember Lewis about a long-delayed program to provide temporary handwashing stations while public buildings are closed due to the pandemic. The council provided $100,000 for public sinks last year in response to repeated outbreaks of communicable diseases among people living unsheltered, who have had little access to soap and running water since businesses and public buildings closed their doors in March 2020.

The memo includes photos of a sink that was vandalized, with the warning, “Durability and vandalism resistance is critical. Extreme vandalism should be expected in most locations.”

In the memo, SPU reiterated their many objections to a proposal by the Clean Hands Collective, including the fact that it is not technically ADA-compliant, uses hoses instead of direct sewer connections to provide water, and have hookups that are vulnerable to freezing in the winter. “These sinks cannot legally operate from approximately October through April,” the memo says, because they filter graywater through soil.

“The design requirements, considerations, City procurement requirements and technical challenges SPU discussed with proposers at technical assistance sessions and with the committee are the same standard SPU as a regulated and regulating agency must adhere to,” the memo continues. “They are also intended to ensure that public expenditure is geared towards ensuring quality functioning, healthful, and accessible solutions that meet the needs of the community they are designed to serve and the outdoor conditions into which they are deployed.”

The memo includes photos of a sink that was vandalized, with the warning, “Durability and vandalism resistance is critical. Extreme vandalism should be expected in most locations.”

Some of the diseases that have spread through homeless encampments during the pandemic include hepatitis A and B, shigella, and cryptosporidiosis; the latter pair of diseases can cause major gastrointestinal symptoms such as extreme and constant vomiting and diarrhea. Such diseases are spread mostly through fecal-oral transmission, which is easily preventable through handwashing.

The city has opened a handful of its own sinks around the city, some of which are operated by a foot pedal. Unlike the proposals the city has received, which are wheelchair accessible but not fully ADA compliant, foot-operated sinks are not usable by many people with disabilities.

3. As the Seattle Office of the Inspector General begins a new investigation into a surge of complaints about unmasked police officers, the Seattle Police Department’s compliance with public health recommendations is under a microscope.

But while SPD can require masks, they can’t track how many Seattle police officers are vaccinated; according to the department, unless the city requires all city employees to get vaccinated, SPD can’t ask its officers about their vaccination status. Continue reading “Parking Enforcement Stays at SPD For Now, Memo Outlines City’s Objections to Street Sinks, Cops’ Vaccination Rate Remains Unknown”

Former SPD Officer Featured in CBS Segment Has “Troublesome” History

By Paul Kiefer

The former Seattle police officer who condemned city leadership for abandoning the Seattle Police Department in a CBS news segment on Wednesday left SPD with a record of harassment and violent outbursts, one of which drew condemnation—but not criminal charges—from City Attorney Pete Holmes in 2013. In his appearance, Powell blamed the Seattle City Council for the exodus of 260 officers from SPD in the past year and a half, and claimed city leaders “didn’t allow [officers] to intervene” to prevent violence during last summer’s protests. Powell’s union, the Seattle Police Officers’ Guild, arranged the interview; SPD’s public relations team did not have a hand in arranging or approving the interview.

Officer Clayton Powell, who worked for SPD for 27 years and is currently in the process of leaving the department, raised concerns from staff at Washington’s training academy in 1992 while preparing to join the department. In internal memos, instructors observed that Powell was prone to using force in mock response scenarios; Powell failed the academy’s field tests three times before SPD finally hired him, and instructors warned that he could create a liability for the department.

Powell’s temper remained a problem in the following decades. In 2000, Powell’s ex-wife, Washington State Patrol trooper and spokesperson Monica Hunter, filed a complaint with SPD’s internal affairs alleging that Powell routinely stalked and harassed her, including by leaving threatening voicemails on her answering machine. Department investigators treated the complaint as a minor domestic dispute and referred it to Powell’s supervisor, who didn’t discipline him. The SPD captain who referred the complaint to Powell’s supervisor later apologized to Hunter, telling her that his unit hadn’t properly investigated her complaint. Two years later, a Pierce County judge granted Hunter a restraining order against her ex-husband, who she described as having a “problem controlling his anger.”

In 2012, the Office of Police Accountability opened an investigation into Powell after his fellow officers complained to their supervisor that he escalated tensions at the scene of a drive-by pellet gun shooting in South Seattle by shoving a man and apparently challenging him to a fight. The office also reviewed footage from later that day of Powell pulling a detainee’s hair and taunting him in a holding cell at the South Precinct. The department referred Powell to the Seattle City Attorney’s Office to be charged with misdemeanor assault.

Though City Attorney Pete Holmes ultimately declined to charge Powell, he described the officer’s actions as “extremely troublesome” and cited a report from an independent attorney who reviewed the case and determined that Powell “should be evaluated regarding his fitness to continue in police service.”

In his appearance on CBS, Powell said that while he understood why demonstrators criticize police departments, the solution to patterns of police misconduct is, “if anything, more funding.” The CBS reporter then erroneously claimed that another $5 million in cuts to SPD’s budget are still up for consideration by the Seattle City Council; recent disagreements between council members and the federal monitoring team that supervises reforms to SPD have all but ensured that cuts of that size will not be possible in 2021.

Police Chief’s Reversal of Misconduct Finding Reveals Flaws In Accountability System, Advocates Say

An SPD cruiser carrying Lt. John Brooks (center) orders protesters to disperse from a Capitol Hill intersection in October 2020.

By Paul Kiefer

During a meeting of Seattle’s Community Police Commission on Wednesday, police oversight officials expressed concerns about Interim Seattle Police Chief Adrian Diaz’s decision to overturn an Office of Police Accountability misconduct finding against SPD lieutenant John Brooks, who directed officers to use tear gas, blast balls and pepper spray to clear a mostly peaceful crowd of protesters from the area near SPD’s East Precinct on June 1, 2020.

During a discussion of the case between the commission and Office of Police Accountability (OPA) Director Andrew Myerberg, CPC co-chair Erin Goodman said Diaz’s ability to unilaterally reverse the findings of a misconduct investigation reveal a fundamental flaw in Seattle’s police oversight system. “It makes us all question the strength of the accountability system as a whole,” she said.

Myerberg’s office ruled that Brooks was responsible for directing officers to use crowd-control weapons against protesters despite inadequate evidence of a threat. Diaz disagreed with Myerberg’s decision, and in a letter to Mayor Jenny Durkan and City Council President Lorena González announcing his decision last week, he argued that it’s unfair to judge the decisions of the officers at the protest in hindsight, and that someone at a “higher level of command authority” was responsible for SPD’s missteps.

Last Thursday, Diaz wrote a post following up on his letter on the department’s blog, announcing that he would hold someone accountable for the incident, and that “additional information has surfaced which was not included in the OPA investigation.”

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But without any clarity about who Diaz will discipline or when he will discipline them, CPC members remain concerned that his decision to absolve Brooks means that no one will face consequences for tear-gassing peaceful protesters. “There were a lot of people who were harmed that day,” said Reverend Harriet Walden, a longtime CPC commissioner, during the meeting on Wednesday. “It makes it difficult for those of us who try to work collaboratively with SPD.”

In fact, Diaz’s reference to “additional information” about SPD’s protest response on June 1 only added to the CPC’s concerns. “Did you get the sense that SPD withheld information from your office during your investigation?” Goodman asked Myerberg during the meeting. Continue reading “Police Chief’s Reversal of Misconduct Finding Reveals Flaws In Accountability System, Advocates Say”

Police Accountability Leader Asks SPD to Phase Out Routine Traffic Stops

Image by Erik Mclean via Unsplash.

By Paul Kiefer

Citing concerns from community members and police officers about the dangers of police traffic stops, Seattle Inspector General Lisa Judge sent a letter to Interim Seattle Police Chief Adrian Diaz on Tuesday asking him to start phasing out traffic stops for “civil and non-dangerous violations”—violations that, unlike DUI or reckless driving, do not endanger the public.

Judge, whose office conducts audits of systemic problems within SPD and issues policy recommendations, cited half a dozen well-known examples of traffic stops that turned fatal. Her list included a traffic stop for a suspended license on Aurora Avenue North that led to an SPD officer fatally shooting 36-year-old Iosia Faletogo on New Year’s Even in 2018; Faletogo’s family filed a wrongful death lawsuit against the city in March.

“Stopping a person is a significant infringement on civil liberty and should be reserved for instances when a person is engaged in criminal conduct that harms others,” Judge wrote. “Stops for government-created requirements like car tabs, with nothing but a potential monetary penalty, do not justify the risk to community or to officers.”

Judge also noted that even non-fatal traffic stops can undermine public trust in police officers. Traffic stops are the most common type of encounter between police and civilians—SPD issued nearly 28,000 traffic infractions in 2019 alone—and Black and Latino drivers are far more likely to be injured or killed during routine traffic stops.

SPD isn’t required to act on Judge’s letter, nor is the letter a fully formed policy proposal. Judge’s office will need to conduct more research into best practices for phasing out low-level traffic stops.

However, Judge told PubliCola that she believes the issues she raised in her letter require an urgent response. “Rather than taking to time for a painstaking audit, we have a practice of sending an ‘alert letter’ to SPD to get the ball rolling quickly.” This isn’t the first issue Judge has flagged for SPD: In February, her office sent letters to Diaz urging him to clarify his department’s vehicle pursuit guidelines and to reconsider how his officers respond to people experiencing mental health crises while carrying knives.

Judge is not alone in pressuring police departments to scale back the use of traffic stops: during the final weeks of this year’s state legislative session, state senator and King County Executive candidate Joe Nguyen (D-34, West Seattle) introduced a long-shot bill that would prohibit police officers from stopping drivers for eight minor civil violations. Nguyen told PubliCola in April that he hopes the issue will return to the surface during next year’s session.

If SPD follows Judge’s recommendation, Seattle would join a growing number of cities across the country—both small and large—taking steps to reduce the risks posed by traffic stops to both officers and civilians. In 2020, the New York State attorney general recommended that New York City’s police department phase out traffic stops for minor violations after officers shot and killed a driver in the Bronx whom they had stopped for a seatbelt violation in October 2019. More recently, after Brooklyn Center, Minnesota police officer Kimberly Potter shot and killed 20-year-old Duante Wright during a traffic stop last month, Brooklyn Center’s city council voted to prohibit police officers from stopping drivers for minor traffic infractions and non-felony offenses or warrants, instead assigning that responsibility to a new civilian department.