Category: Police

City Council, Drugs, human services, labor, Mayor Harrell, Police, Transportation

Harrell’s Proposed Budget Brings Back Shotspotter, Funds Human Services Workers, Includes No New Diversion for Drug Users
City employees rally for fair wages outside City Hall last week

By Erica C. Barnett

Mayor Bruce Harrell introduced a “mid-biennial” 2024 budget on Tuesday that includes significant cost-of-living raises for city-funded human service providers, six new non-police responders for a renamed 911 department, and—for the second year in a row—funding for a gunshot surveillance system, which the city has rejected repeatedly over privacy concerns and studies showing such systems don’t reduce crime.

“For those of you who like to play cards, you know that when you have a good hand and a plan that’s working, you double down,” Harrell said in his budget speech. “And that’s what this budget proposal does: It doubles down on the priorities that matter for the city and it invests in a better tomorrow for Seattle.”

The proposal, which will be amended by the city council and adopted in November, is based on revenue forecasts that are somewhat less dire than predicted last year, when the council “endorsed” an early version of the 2024 budget. At the same time, revenues from JumpStart—a payroll tax on the city’s largest businesses—have fallen and inflation has increase the cost of running the city, dampening the impact of higher overall revenues.

Other high-profile budget items include unspecified funding for city employee cost-of-living wage increases; increases to on-street parking fees; and millions of new dollars for Harrell’s Downtown Activation Plan, including funds to extend the We Deliver Care program on Third Avenue, maintain and expand the Seattle Restored small-business program, and add restaurant pick-up zones, informational kiosks, and public safety improvements in the street right-of-way.

We’ll be covering the budget process and doing deeper dives into specific items as the council review gets underway. Here are a few of the issues we’ll be paying attention to.

Skeptics, including budget chair Teresa Mosqueda, predicted that Harrell’s commitment to diversion would be limited to the language in the legislation. They were right.

No New Diversion Funding for Drug Users 

City council members who voted last week to support the latest version of a new drug criminalization law said they were reassured by the fact that Harrell’s budget, which had not yet been released, would include new investments in diversion programs so that people caught using drugs in public would have real alternatives to jail. The bill, as PubliCola has reported, includes a number of nonbinding “whereas” clauses expressing the city’s preference for diversion instead of arrests, along with a provision saying police will, in the future, adopt policies governing diversion.

Skeptics, including budget chair Teresa Mosqueda, predicted that Harrell’s commitment to diversion would be limited to the language in the legislation. They were right. The budget contains no funding to expand LEAD, the city’s pre-arrest diversion program, and actually cuts $1 million that was added to the program in 2023.  Without additional funding, LEAD will have to stop taking so-called “community referrals”—clients who get into the program through paths other than arrest—and focus on referrals through police instead.

The budget also includes about $1.1 million for a new opioid overdose response center and additional funding to expand the capacity of the Fire Department’s Health One program to respond to overdoses; the funding for these programs will come from the city’s portion of a state settlement with opioid manufacturers and distributors.

Police: $392 Million; Alternatives to Police: $5 Million

Last week, Harrell announced the Community Assisted Response and Engagement department, a “third” public safety department that will include a dual-dispatch pilot in which civilian employees, some of them with human-service training, will respond to low-priority calls, including person-down calls as well as calls where the only thing left to do is write up a report. Harrell’s budget proposal would pay for six new first responders, along with three 911 dispatchers, a deputy director, a new public information officer, an executive assistant, and a manager. Most of these employees were funded and hired this year.

The police department, as a point of comparison, would also gain 13 new employees, bringing the total number of funded positions to 1,826. The city currently has fewer than 1,000 deployable officers, which means many of those 1,826 positions (which represent all job types at SPD) remain vacant but funded, allowing SPD to use the money they would ordinarily spend on staff for other purposes (see below).

In addition to fully funding the department’s recruitment and hiring program, Harrell’s budget adds $30,000 for “recruitment related expenses such as career fair materials, job board postings, and law enforcement related recruitment conferences.”

Better Pay for Human Service Workers (City Employees TBD)

Thanks to legislation the city council passed in 2019, the city is required to increase human service provider contracts every year so that provider pay can keep up with inflation. Last year, Harrell proposed overturning this law to reduce pay increases for already underpaid nonprofit workers to a sub-inflationary 4 percent—an effective pay cut. This year, Harrell has proposed using JumpStart tax revenues to bump provider pay increases by the rate of inflation plus 2 percent, for a total raise of 9.5 percent.

Budget office director Julie Dingley, echoing the budget itself, remarked Wednesday that Seattle is “the only government entity in the whole state that has a requirement, in code, that we provide inflationary adjustments” to human service providers every year, adding that other jurisdictions will need to pitch in so that Seattle isn’t going it online on human service pay. In response, Councilmember Lisa Herbold pointed out that King County, the King County Regional Homelessness Authority, and the state of Washington have all funded similar wage increases through levies, budgets, and legislative decisions—different methods to reach the same result.

Mosqueda noted that the previous budget funded human service provider wages within the general-fund budget, rather than tapping JumpStart—a tax Mosqueda proposed and pushed through—to fund an ongoing city commitment. JumpStart is supposed to pay for housing, equitable development, and Green New Deal priorities, but the city has repurposed the fund every year since its inception to pay for other priorities.

The city is still in negotiations over cost-of-living adjustments for its own employees, who were shocked by Harrell’s “insulting” initial offer of 1 percent. Harrell’s subsequent offer—reportedly just 2 percent—was hardly better, and hundreds of workers took time off thier jobs to rally at City Hall last week for a better deal. The budget does not include even a range of possible expenditures to pay for worker wage increases; in a briefing with reporters, Dingley said that would be like buying a house by telling the seller what was in your bank account. But PubliCola has heard that the deal could end up closer to 6 percent, still lower than the inflation rate.

The budget includes $150,000 for a new “graffiti specialist” who will “lead and enhance the beautification efforts of graffiti art, connect with the graffiti society, and educate, mentor and guide youth to use their time and energy in constructive ways.”

We’ll Never Be Rid of Shotspotter

Last year, the council roundly rejected Harrell’s proposal to spend $1 million on a “gunfire detection” system that would have placed audio surveillance devices throughout certain “high-crime” neighborhoods to detect noises that sound like gunshots. The systems, known colloquially as “Shotspotter” after the company that dominates the market, detect and determine the approximate location of outdoor sounds that resemble gunfire and alert human “acoustic experts” who make a call—gunshot or not a gunshot?—and alert police, who can respond to the scene.

The city first considered funding Shotspotter back in 2012, and the idea has come up periodically ever since, despite numerous studies showing that the monitoring devices don’t reduce or help solve gun-related crime and can lead police to be on high alert—and thus more likely to make unwarranted stops and arrests—in the areas where they’re located.

This year, Harrell’s request is couched in a larger $1.8 million “crime prevention pilot” that would also include new CCTV camera surveillance and automated license plate readers, all funded by salary savings from unfilled SPD positions. A spokesperson for the mayor’s office said the “specific amounts for the technologies in the SPD Crime Prevention Pilot are still being determined.” When council members asked similar questions Wednesday, budget director Dingley referred them to Deputy Mayor Tim Burgess.

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Parking Rates, Finishing the Waterfront, Subsidizing the Streetcar

Harrell’s updated Seattle Department of Transportation budget includes an increase to the city’s minimum and maximum rates for on-street parking, which have been reduced dramatically from pre-COVID levels. The new rates would start at $1 an hour and go up to $8 an hour, depending on demand in specific parking areas; the $2.2 million the city says it will bring in through higher parking costs will pay for increased costs associated with parking meter maintenance and the city’s “pay-by-phone” service.

Tucked away elsewhere in SDOT’s budget are $25 million in new expenses associated with finishing the downtown waterfront highway, which the budget chalks up to the concrete workers’ strike in 2022. The city would pay for this unanticipated increase through bonds, so the budget impact in 2024 is small ($1.3 million), but the bond proposal represents a long-term commitment of the city’s overall debt capacity, which is limited.

Another new cost is related to the existing First Hill streetcar, which has required hefty operating subsidies ever since it opened in 2016. A $5 million annual subsidy from Sound Transit expires this year; Harrell’s budget proposes using revenues from the Seattle Transit Measure, a sales tax voters approved in 2020 to pay for equitable transportation, to continue the streetcar subsidy.

Miscellany

Other budget changes, which PubliCola will cover in more detail in the coming weeks, include:

  • New funding to staff up the Office of Inspector General, whose oversight role will expand to replace the federal monitor who has overseen the Seattle Police Department and its accountability system for the past 11 years
  • $150,000 for a new “graffiti specialist” in the Office of Arts and Culture, who will “lead and enhance the beautification efforts of graffiti art, connect with the graffiti society, and educate, mentor and guide youth to use their time and energy in constructive ways. Reducing graffiti is a priority of the One Seattle initiative and is a key factor in improving Seattle livability.
  • $1.1 million for a review of city employee classifications and compensation, which haven’t been updated since the 1990s. Misclassified positions can prevent workers from receiving promotions and being paid what they’re worth, a problem that is particularly acute in jobs held predominately by women of color at the city, according to past analyses.
  • $850,000 to fund the start-up costs for the social housing development authority, which voters established (but did not fund) earlier this year.

Harrell’s 2024 budget does not contend with projected 2025 and 2026 deficits of more than $200 million a year. That deficit will be a next-year problem for a new city council, which will include at least five, and up to seven, freshman members after this year’s council elections.

homelessness, human services, Police

Burien Council Bans Sleeping Outside at Night, Still Has No Plan to Address Homelessness
Burien City Council members Kevin Schilling, Sofia Aragon, and Jimmy Matta

By Erica C. Barnett

The Burien City Council voted Monday night to ban unsheltered people from sleeping in public spaces between 10pm and 6am, after failing for more than six months to create any shelter or other legal place for a group of several dozen people to sleep.

The vote broke down along the same lines as every previous vote on the encampment, with a four-member majority (Stephanie Mora, Kevin Schilling, Jimmy Matta, and Sofia Aragon) voting to adopt the ban, which is modeled after a similar sleeping ban in Bellevue.

Burien police, who are King County Sheriff’s Office employees, would be in charge of enforcing the ban. A spokesman for King County Executive Dow Constantine told PubliCola, “the county will be reviewing the legislation with our legal team to understand any potential impact to policies or procedures, and will be discussing next steps soon.” Earlier this year, the county decided not to help the city remove unsheltered people from another city-owned property.

“It’s not compassionate to force people to disperse to even more dangerous areas where their caseworkers can’t find them. And it is so painful to witness our council considering this right as the weather turns particularly nasty, knowing that it will keep getting worse.”—Burien Councilmember Cydney Moore

Unlike Bellevue, however, Burien has no year-round shelters that are open to all people, so the sleeping ban puts the city in a dubious legal position. Under a Ninth Circuit federal ruling called Martin v. Boise, cities can’t sweep encampments unless shelter is available. Other cities, including Seattle, have interpreted this ruling broadly, offering shelter that may not be appropriate or viable or proclaiming that a tent or group of tents are “obstructing” public space and removing them without notice or an offer of shelter. A King County Superior Court judge ruled recently that this broad use of Seattle’s police power is unconstitutional, and the case is under appeal.

Councilmember Cydney Moore, who voted against the ban, said prohibiting unsheltered people from sleeping at night won’t “get anybody off the streets” or solve homelessness in Burien. “It’s not compassionate to force people to disperse to even more dangerous areas where their caseworkers can’t find them. And it is so painful to witness our council considering this right as the weather turns particularly nasty, knowing that it will keep getting worse.”

The city has made no apparent progress on finding temporary places for people to live. City manager Adolfo Bailon said an offer of $1 million and 35 Pallet shelters from King County was insufficient to pay for a new shelter location, and that the city would need to find at least another $200,000 to make the offer pencil out.

The county offered the money to Burien earlier this year, along with garage space that would allow a Toyota dealer who is currently leasing a city-owned lot for his overflow inventory to store his cars so that the city could use the space for temporary shelter. After the council majority rejected this offer in July, council members and City Manager Adolfo Bailon have floated a number of non-viable locations for the shelter, including a contaminated site owned by the Port of Seattle that the Port has said is uninhabitable.

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Last month, Bailon raised the possibility of moving the encampment to an empty lot next to a county library, businesses, and public housing in Boulevard Park, a lower-income, largely Latino neighborhood. Last week, councilmember Hugo Garcia pointed out that the original justification for displacing the encampment was that it was next to a library, homes, and businesses in wealthier, whiter downtown Burien. “This reeks of white supremacy,” Garcia said.

Mora immediately moved to censure Garcia, but her motion failed for lack of a second; she made the same motion last night, and it failed again. In a thread on X (formerly Twitter), Councilmember Sarah Moore, the third member of the anti-sleeping ban minority, said Garcia was not accusing any of his council colleagues, specifically, of being a white supremacist, as Mora suggested. “I applaud his courage for naming what he saw and I hope we can collectively engage in challenging conversations like this productively,” Moore wrote.

At last night’s meeting, Moore also proposed having a public discussion about a proposal, which Bailon said last night is moving forward, to pay a group called The More We Love to remove encampments from public spaces. The group, run by a Kirkland mortgage broker named Kristine Moreland, offers “sweeps” at $515 a person and was recently paid to remove the encampment in Burien from a spot next to the Burien Grocery Outlet. Although Moreland claimed to have “housed” a huge number of the people living in the encampment, the encampment has actually moved to another location in the middle of a busy intersection. The city currently contracts with REACH, an established outreach group.

Mayor Harrell, Police, public safety

As Questions Swirl About SPD Accountability, City Announces “Dual-Dispatch Pilot” for Low-Priority Calls

By Erica C. Barnett

On Thursday, during a press conference outlining his proposal to expand, reorganize, and rename the city department that responds to 911 calls, Mayor Bruce Harrell said he believed “the process is working” in the case of Daniel Auderer, a police officer and Seattle Police Officers Guild vice president who was caught on body-worn video mocking the death of 23-year-old student Jaahnavi Kandula with SPOG president Mike Solan. The video, which only captured Auderer’s side of the conversation, was recorded shortly after Officer Kevin Dave struck and killed Kandula on January 23.

Harrell was announcing $6 million in new funds for the Community Assisted Response and Engagement (CARE) department, formerly known as the Community Safety and Communications Center; that money will help hire 13 new staff, including behavioral health specialists, to respond alongside police to low-priority calls.

The question about Auderer came from a trainee at the 911 call center in SPD’s West Precinct where the announcement took place.

“Sometimes justice is not quick, due process sometimes is not quick, certainly not as quick as people would like to see,” Harrell said. “But everyone accused of misconducth as the right to due process and I will defend that process. We can’t be quick to judgment. … I have a member of my administration who was sentenced to prison for over 20 years without the possibility of parole. He was unfairly convicted because of the lack of due process. So I will defend due process … and hopefully we’ll see outcomes that people will say, ‘the system worked’.”

As PubliCola reported last week, an SPD employee saw the disturbing video and reported it to supervisors on August 2. Six days later, Auderer sent a letter to the Office of Police Accountability (OPA) attempting to minimize his and Solan’s comments, saying the two SPOG leaders were laughing at “the ridiculousness of how I have watched these incidents play out as two parties”—in this case, Kandula, who was killed by a speeding police officer just hours earlier, and SPD’s own lawyers—”bargain over a tragedy.”

Earlier this week, the Community Police Commission, a civilian oversight body, wrote a letter calling on Police Chief Adrian Diaz to immediately suspend police officer Daniel Auderer without pay while the investigation is ongoing.

SPOG released Auderer’s August 9 letter to a conservative radio commentator the day before PubliCola and the Times received the video in response to records requests, and posted, on social media on September 15.

Earlier this week, the Community Police Commission, a civilian oversight body, wrote a letter calling on Police Chief Adrian Diaz to immediately suspend Auderer without pay while the investigation is ongoing. The CPC also asked Diaz to “immediately engage in a workgroup consisting of the Seattle Police Accountability Partners and members of the community to address repeated concerns with the culture of policing and police practices at SPD.” The other accountability “partners” are OPA and the Office of Inspector General, an independent office that reviews and audits SPD as well as OPA.

Mayor Bruce Harrell and 911 dispatcher Jordan Wallace discuss a Priority 3 call about someone selling stolen merchandise in the International District Thursday.

Auderer’s statements, the three CPC co-chairs wrote, “are horrifying and raise serious concerns about his attitude toward and interactions with members of the community, and his ability to investigate cases equitably, accurately, and without bias and keep the City’s residents safe. While the [body-worn video] does not capture SPOG President Mike Solan’s comments on the other end of the call, there is simply no context that could possibly make these comments acceptable.”

As of Friday, CPC co-chair Joel Merkel said SPD had not responded to the letter; a spokesperson for SPD said they had no comment beyond the statement they released on their website shortly after we published the video last week.

The city has been promising to send civilian first responders to calls that don’t require a police response since 2020, when thousands protested police misconduct after the death of George Floyd. In 2021, then-mayor Jenny Durkan announced the launch of a new crisis response team within the fire department to respond to some crisis calls, but the proposal never got off the ground.

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Harrell, similarly, has vowed since taking office in 2022 to create a new “third public safety department,” in addition to police and fire, that would include a new type of civilian first responder. This week’s announcement does include new civilian responders. But they won’t be going out to most calls involving people in crisis.

Instead, they’ll be deployed, along with police, to two call types that police have already determined do not necessarily require a police response. Priority 4 calls, the lowest priority, are non-emergency calls that generally don’t require a police response at all. Priority 3 calls are for minor issues that may or may not get a police response, depending on officer availability—everything from noisy neighbors to off-leash dogs to illegal parking.

Priority 3 calls do include “person down” calls, where someone is unconscious in public, and welfare checks—two call types that might benefit from a behavioral health response, Diaz noted. “Sometimes, a highly intoxicated [person] might actually be … experiencing some level of crisis. Not always, but in some cases,” Diaz said.

However, the majority of Priority 3 calls, Diaz said, are so-called “paper calls”—calls where the incident already happened and the only thing left to do is file a report. Harrell characterized the new program as a “dual dispatch pilot” that the city will evaluate in a year or two “to see where it makes sense… [and] where the data leads us.”

SPD, Diaz noted, already has an internal crisis response team; more than 60 percent of officers have also taken a 40-hour course in crisis intervention training.

Addiction, City Council, criminal justice, Drugs, Police

Council Passes New Law Empowering City Attorney to Prosecute People Who Use Drugs in Public
Sara Nelson, Andrew Lewis, and Lisa Herbold all supported the legislation empowering City Attorney Ann Davison to prosecute drug users.

By Erica C. Barnett

On Wednesday, the Seattle City Council adopted a new law empowering City Attorney Ann Davison to prosecute people who use drugs in public, or who are caught with illegal drugs other than cannabis, on a 6-3 vote, with every council member except Teresa Mosqueda, Kshama Sawant, and Tammy Morales voting “yes.” The new law makes public drug use and simple possession gross misdemeanors for the first time in Seattle history.

An earlier version of the bill, which would have incorporated a new state drug criminalization law into the city’s municipal code, died on a 5-4 vote after Councilmember Andrew Lewis, a former city prosecutor, changed his mind in response to public testimony and Davison’s decision to unilaterally end a local therapeutic court called community court. The state law is as the “Blake fix” because it re-criminalized drug possession and public use after the state supreme court overturned an existing law that made public drug use and simple possession a felony.

The new version of the bill is significantly longer, but substantively similar, to the previous legislation. The new bill is significantly wordier, largely because it now includes more than 30 nonbinding “whereas” clauses stating the city’s intent to, among other things: Strongly recommend that police consider diversion before making arrests; avoid “repeating the mistakes of the past”; and review the impact of the legislation in the future.

The bill targets only people who use drugs in public, Councilmember Tammy Morales noted, targeting users who are poor or homeless while ignoring all the drug use that takes place behind closed doors. “If we wanted to address drug addiction, we would not be focused only on those who use it in the streets where we can see their suffering.”

It also contains new provisions saying police will, in the future, adopt policies governing when and how to divert people instead of arresting them, along with a section saying police “may” consider whether a person using drugs is harming others or just themselves when deciding whether to make an arrest.

Finally, the bill contains some reporting requirements and sets up a new committee to evaluate how the law is going in the future.

Proponents of the bill, with the exception of its original sponsor Sara Nelson, made a lot of all these nonbinding suggestions and reporting requirements. (Nelson wanted to eliminate the evaluation committee as well as a nonbinding recommendation that the police use officers who have received crisis training, who make up more than half the department, to respond to public drug use, saying both proposals infringed on the authority of Police Chief Adrian Diaz and Mayor Bruce Harrell. After other council members noted that Harrell’s office approved both provisions, a majority of the council voted down both of Nelson’s amendments.)

“This does not create new [police] authority. It seeks to limit it in a way that does not exist under state law,” one of the bill’s two sponsors, Councilmember Lisa Herbold, said. “This is a commitment to not repeat the errors of the past.”

Lewis, who co-sponsored the legislation with Herbold, said the bill was not intended to be “the magic solution that fixes the situation that we are facing,” but added that it “gives additional guidance and [a] focus on public health best practices that are alternatives to incarceration and entering the criminal legal system.”

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Opponents of the bill pointed out that not only is that “guidance” nonbinding, the legislation comes with no additional funding to implement diversion or treatment; instead, Councilmember Teresa Mosqueda said, it offers a “hollow promise” of alternatives to arrest. Under the council’s regular process, the legislation would have been on the agenda for next week, coinciding with Harrell’s 2024 budget proposal, which will reveal how much, if any, funding Harrell will propose for expanding diversion programs such as LEAD, which is already oversubscribed for this year.

“So while the emphasis is on pre-arrest diversion and not arrest, we are not actually able to follow through with that without assurances that [these strategies] will be in the budget,” Mosqueda said.

Mosqueda, who chairs the council’s budget committee, also noted that Harrell’s “plan to invest $27 million toward facilities, treatments, and services to address the opioid crisis” is not actually a new $27 million investment. Instead, that number includes $7 million in unspent capital grants that will fund a new DESC overdose recovery site on Third Ave., as PubliCola exclusively reported last month, among other investments, plus an average of about $1 million a year from statewide settlements with opioid manufacturers and distributors, spread over the next 18 years.

Additionally, Harrell can’t actually commit that future money (whose value will depreciate with inflation over time), because the city allocates funding annually through the budget, so the money—which does have to be spent on purposes related to drug addiction—could pay for other things in the future.

Tammy Morales’ challenger Tanya Woo held a rally outside City Hall before the vote. The legislation, she acknowledged, isn’t perfect, but at least it “does something” to address public drug use in places like 12th and Jackson, in the Chinatown/International District.Councilmember Tammy Morales—whose challenger in this year’s election, Tanya Woo, held a rally with Chinatown/International District residents outside City Hall to highlight Morales’ opposition to the bill—said the legislation was “ineffective… unnecessary, and dare I say, performative.” The bill targets only people who use drugs in public, Morales noted, targeting users who are poor or homeless while ignoring all the drug use that takes place behind closed doors.

“If we wanted to address drug addiction, we would not be focused only on those who use it in the streets where we can see their suffering. We would be standing up real alternative for everyone,” like medication-assisted treatment, counseling, social supports, residential treatment, and walk-in clinics, Morales said.

The bill mentions many of these things—identifying “treatment” as a preferred approach, for example, in ten different places—but does nothing to make it happen. Instead, it doubles down on a law enforcement-based approach to a public health crisis.

King County, Police, public disclosure

No Charges Against Durkan and Best for Deleted Texts; Investigation Reveals Holes in City Records Retention Policies
Dan Clark, Mainstream Criminal Division Chief, King County Prosecutor’s Office

By Erica C. Barnett

The King County Prosecutor’s Office announced yesterday that they will not pursue criminal charges against former mayor Jenny Durkan, former police chief Carmen Best, and other city officials who deleted thousands text messages during the 2020 protests against police violence. Officials from the prosecutor’s office said yesterday that they were unable to prove “beyond a reasonable doubt” that the officials intentionally deleted the messages with the intent of destroying public information.

“There’s no evidence that the involved individuals intended to permanently delete anything,” mainstream criminal division chief Dan Clark said. “And for most of the individuals, they were actually trying to recover access to their phones, when the deletions occurred.”

Six of the 27 records requests that involved texts that were deleted from the phones of Durkan, Best, and other city officials were filed by PubliCola—the most from any individual news organization. In these requests, we asked for communications about the use of encrypted messaging systems, demonstrations by Black Lives Matter activists, the decision to use tear gas, flash grenades, and other weapons during the 2020 protests, and meetings between Durkan and community groups, among other issues we were covering at the time. PubliCola frequently relies on records requests for internal information from city officials, so the destruction of these messages harmed our ability to provide newsworthy information to the public.

In a civil case against the city filed by businesses in the vicinity of the 2020 protests, US District Judge Thomas Zilly said Durkan’s “various reasons for deleting her text messages strain credibility.” The city settled that case in February. Clark noted that the burden of proof for a criminal case is higher than the standard for that civil case, which requires only a “preponderance of the evidence” deo show that officials intentionally deleted text messages with the intent of destroying public information.

The investigation, conducted by King County Sheriff’s Office detective Joseph Gagliardi, included a review of thousands of pages of depositions with Durkan, Best, Fire Chief Harold Scoggins, and other city officials, all taken during previous lawsuits against the city. The investigators did not interview any of the individuals who destroyed city records during this investigation, relying on existing documents, including forensic analysis of city-issued phones.

In former police chief Carmen Best’s case, the investigation found that she, as well as other city employees, had a “reasonable belief” that her text messages were being backed up somewhere, based on the fact that city emails go to a central server even if people delete them on their city devices.

In his investigation, Gagliardi described two types of situations in which text messages were destroyed. The first, more common, type involved officials getting locked out of their phones, either temporarily or permanently, because they forgot their passwords or through other mishaps. In these cases, according to Gagliardi, the officials lost their messages either after doing a “hard reset” that deleted all their information, or because they, or some other unidentified person, changed the settings on their phone in a way that led to mass deletions.

The investigation concluded that Chief Scoggins, SPD Captain Eric Greening, SPD Chief Strategy Officer Chris Fisher, Seattle Emergency Operations Center coordinator Ken Neafcy, and Seattle Public Utilities manager Idris Beauregard all got locked out of their phones because of errors related to their passwords, usually because they made too many password attempts and their phones automatically reverted to factory settings. Fisher, for example, “stated that he’s had to reset his work phone multiple times, because the passcodes have to be changed frequently and he’s very bad at remembering them.”

Scoggins testified that he took his phone to the Apple Store after city IT employees couldn’t get it to work again, and store employees performed a hard reset, deleting all his data.

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The investigation notes that city phones require employees to reset their passwords every 90 days, which Gagliardi said contributed to officials’ tendency to forget their passwords. In response to a question from PubliCola about text retention, Gagliardi quipped, “I would also argue with the expectation that these people know how phones work.”

Durkan said in earlier depositions that she dropped her phone in a puddle on the beach, dried it out in a bag of rice, and then restored all her messages from an iCloud account. City officials, in general, are not supposed to save things to cloud servers because of security concerns, so this was actually a violation of a separate city records policy.

Later, someone changed her settings from “keep messages: Forever” to “keep messages: 30 days,” which was “the single factor that caused the destruction of all of Mayor DURKAN’s text messages sent or received between 10/30/2019 and 6/24/2020,” according to the investigation. Durkan denied changing this setting, as did her longtime friend and assistant, Colleen O’Reilly Bernier.

However, the investigation noted that Bernier made a number of “demonstrably false” statements during her deposition—falsely claiming, for example, that she didn’t handle Durkan’s phone after it was damaged on the beach, when she actually made changes to the phone’s settings with the help of a city IT employee. This suggests, according to the investigation that Bernier may have changed the setting, resulting in the destruction of thousands of messages; however, Gagliardi wrote in his investigation notes that there was no way to prove this beyond a reasonable doubt.

“They’ve basically encouraged the deletion of transitory messages almost immediately. They said there’s no reason to keep those messages at all. They have left the termination of whether or not a message is transitory up to their employee.”—Chief investigator Detective Gagliardi, King County Sheriff’s Office

In Best’s case, the investigation found that she, as well as other city employees, had a “reasonable belief” that her text messages were being backed up somewhere, based on the fact that city emails go to a central server even if people delete them on their city devices.

“We don’t have any evidence to suggest that to the contrary, that she believed anything else,” Clark, from the prosecutor’s office, said. “There’s no smoking gun, if you will—there’s no admission by her of, you know, ‘Hey, everybody, let’s get together and delete all of our text messages’ or anything of that nature to call into question her reasonable but mistaken belief.'”

Even if Best hadn’t believed the city was backing up her text messages on a server somewhere, the investigation found, the overwhelming majority of her messages were “transitory” in nature, meaning they didn’t deal with substantive policy decisions and were of “short-term, temporary informational use.”

“They’ve basically encouraged the deletion of transitory messages almost immediately,” Gagliardi said yesterday. “They said there’s no reason to keep those messages at all. They have left the termination of whether or not a message is transitory up to their employee.”

Jennifer Winkler, the city’s longtime records manager, told investigators that employees could theoretically ask to have their messages saved on a secure server. However, “they have not identified such a secure server to save those text messages. Essentially, the city of Seattle established the policy and not the practice,” Gagliardi said. This means that unless the city changes its policy, it will continue to be up to individual employees, all the way up to the mayor of Seattle, to decide whether their messages or worth saving or to delete them permanently.

Example messages from the investigation, however, included a number of texts that are similar to texts reporters receive routinely in response to city of Seattle records requests, suggesting that this “transitory” standard is applied inconsistently. Additionally, the texts included information that could be of interest to the general public, including messages sent during the protests about immediate strategies and tactics, such as movement of police from one place to another. According to the investigation, these messages were exempt from rules against deletion because the information in these texts “was subsequently documented in official Seattle Police incident reports and after-action reviews.”

Ultimately, Best deleted almost every text in her phone manually, later justifying the deletions by saying all the messages were “transitory.” Similarly, Durkan “stated that she avoided using text messaging for policy decisions, stating that due to the pandemic and then the protests, she was having cabinet meetings almost every day and that most of her communications were in person. She specifically stated that “the practice would be to not communicate things of substance by text.”

As for the “reasonable belief” that all text messages are stored in a server somewhere, Gagliardi noted that most of the officials named in the investigation were not particularly tech-savvy and wouldn’t realize, for example, that text messages in general don’t automatically go to a separate server once they’re deleted. When you delete messages from your personal phone, your cell-phone provider does not pay for a server to save them for you; unless you save them to a separate server or cloud service, they’re just gone.

When PubliCola asked Gagliardi if it was possible for any city official to save their text messages after deleting them, he laughed and responded, “Yes and no.” Jennifer Winkler, the city’s longtime records manager, told investigators that employees could theoretically ask to have their messages saved on a secure server. However, “they have not identified such a secure server to save those text messages. Essentially, the city of Seattle established the policy and not the practice.” This means that unless the city changes its policy, it will continue to be up to individual employees, all the way up to the mayor of Seattle, to decide whether their messages or worth saving or to delete them permanently.

Police, public safety

“Write a Check for $11,000. She Was 26, She Had Limited Value.” SPD Officer Jokes with Police Union Leader About Killing of Pedestrian by Fellow Cop

By Erica C. Barnett

In a conversation with Mike Solan, the head of the Seattle Police Officers’ Guild, Seattle Police Department officer and SPOG vice president Daniel Auderer minimized the killing of 23-year-old student Jaahnavi Kandula by police officer Kevin Dave and joked that she had “limited value” as a “regular person” who was only 26 years old.

In the video, taken in the early morning after Dave hit Kandula in a crosswalk while speeding to respond to a call from a man who believed he had taken too much cocaine, Auderer says he has talked to Dave and he is “good,” adding that ” it does not seem like there’s a criminal investigation going on” because Dave was “going 50 [mph]—that’s not out of control” and because Kandula may not have even been in a crosswalk. Auderer added that Dave had “lights and sirens” on, which video confirmed was not true.

In fact, as we reported exclusively, Dave was driving 74 miles an hour in a 25 mile per hour zone and struck Kandula while she was attempting to cross the street in a marked and well-lighted crosswalk.

“I think she went up on the hood, hit the windshield, then when he hit the brakes, she flew off the car. But she is dead. No, it’s a regular person. Yeah, just write a check. Yeah, $11,000. She was 26 anyway, she had limited value.”—Seattle police officer Daniel Auderer, joking with police union president Mike Solan about the death of pedestrian Jaahnavi Kandula earlier that night.

“I don’t think she was thrown 40 feet either,” Auderer told Solan. “I think she went up on the hood, hit the windshield, then when he hit the brakes, she flew off the car. But she is dead.” Then Auderer laughed loudly at something Solan said. “No, it’s a regular person. Yeah.”

We have asked SPOG via email what Solan asked that made Auderer clarify that Kandula was a “regular” person, as opposed to another type of person Dave might have hit.

“Yeah, just write a check,” Auderer continued. Then he laughed again for several seconds. “Yeah, $11,000. She was 26 anyway, she had limited value.” At this point, Auderer turned off his body camera and the recording stops.

Joel Merkel, the co-chair of Seattle’s Community Police Commission, called the video “shockingly insensitive.

“I was just really struck by the casual laughter and attitude—this was moments after she was killed,” Merkel said. “You have the vice president of SPOG on the telephone with the president of SPOG essentially laughing and joking about the pedestrian’s death and putting a dollar value on her head, and that alone is just disgusting and inhumane,” Merkel said.

Rantz claimed Auderer had immediately “self-reported” his comments by filing his own complaint with the Office of Police Accountability (OPA). After this post went up, OPA confirmed that the initial complaint actually originated with SPD employee who reported the incident on August 2, not Auderer, whose letter is dated August 8.

Right-wing commentator Jason Rantz attempted to pre-spin the video as an empathetic response that included a bit of “gallows humor,” saying the comment was “being described as a ‘leak’ of the content to media members who are hypercritical of police.” Rantz claimed Auderer had immediately “self-reported” his comments by filing his own complaint with the Office of Police Accountability (OPA). After this post went up, OPA confirmed that the initial complaint actually originated with SPD employee who reported the incident to OPA on August 2—not Auderer, whose letter is dated August 8.

Rantz also claimed the two police union officials’ comments were meant to “mock city lawyers” who work on cases in which police officers kill or harm civilians, which, Merkel says, “doesn’t make it any better and possibly even makes it worse! Because [in that case] you have SPOG complaining or mocking or joking about police accountability, which is really at the heart of the consent decree.”

Last week, US District Judge James Robart lifted the majority of a federal consent degree over SPD that has been in place since 2012, finding the department in full compliance with the portions of the agreement that dealt with use of force and bias-free policing, while maintaining federal oversight of the departments crowd-control and accountability policies. The city is currently locked in contract negotiations with SPOG. The city’s most recent contract with SPOG erased or neutralized reforms the city council, which included now-Mayor Bruce Harrell, passed in 2017.

Although Robart has said he has no authority to get involved in SPOG negotiations, Merkel said he was encouraged that he also said he “felt he had the jurisdiction to impact the contract to the extent that it affects accountability” during last week’s court hearing in which the judge largely terminated the agreement.

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PubliCola requested videos and documents related to the collision through the ordinary public disclosure process several months ago and has been receiving installments through the regular public disclosure process.

SPD did not respond to a request for comment. Half an hour after this post went up, the department posted the video on its website, along with a statement. According to the post, an SPD employee “identified” the video “in the routine course of business” and alerted their supervisor; when the video made its way to Police Chief Adrian Diaz’s office, the post says, his office sent it to the Office of Police Accountability (OPA) for investigation. Again, Auderer’s “self-report” came nearly a week after the initial OPA complaint

“As others in the accountability system proceed with their work, we again extend our deepest sympathy for this tragic collision,” SPD’s blog post says.

Auderer has been on the police force for 12 years and has been investigated by OPA for dozens of allegations, including several that involved violence against members of the public. In many cases, OPA has sustained, or upheld, the complaints.

In one incident, Auderer and his brother—a police officer for another jurisdiction—pulled a person out of their apartment without identifying himself as a police officer, failed to inform him of his Miranda rights, and did not report the incident to his bosses. Auderer was suspended for four days for that incident. In another, he chased down someone who was urinating in public and tackled him onto the concrete, injuring him. (Auderer later claimed he was trying to keep the man from running into traffic, which the investigator called “a logical stretch.”

“Indeed, this is not the first time that OPA has had such concerns. [Auderer] had numerous cases over the last two years in which it was alleged that he was unprofessional.”—Office of Police Accountability investigator

Many other complaints about Auderer involved alleged lack of professionalism. In one case, he threatened to break a person’s arm if he reached for his keys, asked if he was mentally ill, and failed to put a seat belt on him while he was handcuffed in the back of Auderer’s patrol car. Although OPA effectively dismissed the complaints in that case by giving Auderer a training referral, the investigator expressed concern with Auderer’s “general approach to this incident, his demeanor, and the way he interacted with the Complainant. Indeed, this is not the first time that OPA has had such concerns. [Auderer] had numerous cases over the last two years in which it was alleged that he was unprofessional.”

In another case, which was sustained, Auderer appeared to mock a woman who said she was developmentally disabled and had cognitive challenges that made it difficult for her to remember specific instructions during a DUI test. He then accused her of lying about being a veterinary nurse, suggesting she wasn’t capable of holding such a complicated job. “I know you usually get a reaction out of people, but you’re not going to get a reaction out of me,” Auderer told the woman, who appeared to be responding calmly and reasonably. He then informed another officer that she was “220,” code for mentally ill, in her presence, and said, “You also need to go see your mental health professional and I think you know that.”

Several other complaints against Auderer involved what appeared to be overzealous investigations of driving under the influence, such as a case in which he “effectuated an arrest” by another officer of a dead-sober man who briefly swerved his car because he was eating a hot dog. “I very much empathize with the subject who suffered through a Kafkaesque experience,” the OPA investigator wrote.

The King County Prosecutor’s Office has not yet decided whether to prosecute Dave in the case, which is under criminal investigation.

This is a developing story and will be updated.

City Council, Crime, Police

Audit: Police Could Do More, Without Hiring Extra Cops, To Address Retail Theft Rings

By Erica C. Barnett

A report from the city auditor’s office on the city’s response to organized retail theft concluded that the city, particularly the Seattle Police Department, is not doing everything it can to combat local commercial fencing operations that resell goods stolen by individual “boosters,” typically “”people who are homeless and people with substance use disorder,” who receive drugs or small amounts of money in exchange for bearing most of the legal risk for organized theft operations.

The audit, pointedly titled “The City Can Do More to Tackle Organized Retail Crime in Seattle,” points to a number of actions the department could take, without hiring additional staff or increasing its budget, to target people organizing thefts and directing the resale of stolen retail goods. City Councilmembers Andrew Lewis and Lisa Herbold announced the audit last year, and its chief author, the City Audit Office’s Research and Evaluation Director Claudia Gross Shader, presented its findings to Herbold’s public safety committee Tuesday morning.

Cities, like Auburn, that have been successful at reducing organized theft have succeeded by taking down the organizers of fencing operations—”cutting off the head of the snake,” as Gross Shader put it Tuesday.

The police department and City Attorney Ann Davison have rolled out numerous initiatives to crack down on the people at the bottom of the fencing food chain—Davison’s “high utilizers” initiative, for example, imposes extra penalties on people arrested repeatedly for stealing from stores—but have not taken meaningful steps to disrupt theft rings by focusing on the people actually running them, the report concludes.

According to the Washington Organized Retail Crime Association, organized retail theft refers to operations in which street-level shoplifters steal items in exchange for drugs or small amounts of money on behalf of fencers, who resell the items in markets that range from sidewalk setups to international theft and resale rings.

Under state law, however, a single shoplifting incident is considered “organized” if a person steals merchandise worth $750 or more in a single incident. As PubliCola has documented, the city has used the organized theft statute to prosecute people stealing valuable items without determining whether they are actually part of any organized theft ring.

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The audit puts a number on this tendency to focus on cases that do not appear to be “organized” in any meaningful sense: Of the 49 “organized retail theft” cases SPD referred to the King County Prosecutor’s Office in 2022, 45 involved thefts that qualified because they were above the $750 threshold, while only the remaining four indisputably involved fencing. The 45 people in the former category were disproportionately Black (38 percent) and included people who were homeless and had substance use disorders.

According to the audit, responding to calls from just the top 100 retail locations in the city used up almost 19,000 hours of police time, equivalent to the work of nine full-time officers—”a significant body of work” that could be streamlined, the report suggests, by using tools like “rapid video response” (essentially a police version of Zoom) to interview store employees instead of sending officers all over town.

Although the report says nothing about police hiring, City Councilmember Sara Nelson said it validated her efforts to secure more funding for police recruitment, and suggested (for the second time in a week) that if the council would  “just lift” a budget restriction that requires council approval before SPD can spend salary savings from unfilled positions, “they could spend that those resources on whatever they need to help with the crime situation.”

Although a report on place-based strategies specifically called for eliminating “extreme measures” like the razor-wire-topped fences the city installed to prevent people from accessing a parking lot at 12th and Jackson, the fences remain, giving the area the feel of a prison camp.

Chiming in a few minutes later, Councilmember Alex Pedersen said the “defunding movement against the police” movement had led to the loss of more than 400 police officers, which he said contributed to the spike in retail theft that began in 2020.

The audit found that although the city does participate in a number of collaborative efforts to address organized theft rings—including state and federal task forces focused on the issue—SPD could be doing a lot more to access existing resources outside the department. For example, the US Department of Justice offers free assistance implementing a strategy called Problem Oriented Policing, or POP, that addresses the conditions that lead people to do things like working for fencers with the goal of preventing crime rather than just reacting to it.

“Although POP has existed since the 1980s, SPD has not systematically implemented it,” the audit says. “In fact, SPD’s lack of experience with POP was seen as a limiting factor in a federally funded pilot project designed to address two downtown Seattle crime hot spots.”

The city should also invest in “place-based strategies”—better lighting, activating vacant lots, and other non-law-enforcement approaches—to make “hot spots” less appealing places for people to operate illegal street markets. SPD proposed 68 such strategies last year for the intersection of 12th and Jackson, a frequent target of aggressive “hot spot” policing operations, but the city has only implemented three of them.

Although the SPD report specifically called for eliminating “extreme measures” like the razor-wire-topped fences the city installed to prevent people from accessing a parking lot at 12th and Jackson—specifically because they make the area feel “unsafe”—the fences remain, giving the area the feel of a prison camp.

Another problem the auditors identified is that when police arrest shoplifters who work for fencing operations, they rarely interview the people they arrest to find out how the operations work, squandering opportunities to disrupt the market for stolen goods.

Last year, as part of an effort to build cases they could actually prosecute, the prosecutor’s office created a checklist of information SPD needed to provide before sending a case to the county. According to the audit, none of the five cases SPD filed after getting the checklist had all the required information, and all five are currently on hold because they lack information the prosecutor needs to move forward. The audit recommends training detectives in how to use the checklist, which includes four items and detailed instructions on how to obtain them.

Police, public safety

Video Confirms that Officer Was Going 74 MPH, Did Not Have Siren Running When He Struck Pedestrian
A shoe found at the collision site.

By Erica C. Barnett

Content warning: This post contains descriptions of a violent, fatal traffic collision and images of a vehicle involved in that collision.

Video from the body-worn camera of Seattle Police Department officer Kevin Dave shows Dave accelerating to 74 miles an hour and failing to turn on his siren as he approached the intersection where he struck and killed pedestrian Jaahnavi Kandula earlier this year. The King County Prosecutor’s Office, which is still deciding whether to charge Dave with a crime, provided the video and other documents in response to PubliCola’s records request.

PubliCola reported earlier this year, based on records we obtained through a separate request, that an SPD analysis concluded Dave was driving up to 74 miles an hour and could not have avoided Kandula, nor could Kandula have gotten out of the way, at that speed. The posted speed limit in the area is 25 miles an hour.

“I fucked up.”—Seattle police officer Kevin Dave, recorded on body-worn video after the collision

The video, which includes a clear shot of Dave’s speedometer, shows Dave going through several red lights and accelerating to 74 miles an hour before turning his wheel slightly and, in almost the same instant, striking Kandula, who can be seen briefly on the video as she passes over the windshield of Dave’s SUV.

The video also shows that Dave briefly “chirped” his siren a few times before he approached the intersection of Thomas St. and Dexter Ave. N but at no point had his siren running consistently. The audio from the body-worn camera indicates Dave may have turned his siren on in the instant before he struck Kandula.

In a statement on January, Seattle Police Chief Adrian Diaz said Dave was “clearing intersections with his siren” immediately before the collision.

The Seattle Police Manual says that officers engaged in emergency driving, as Dave was, must use “audible signals when necessary to warn others of the emergency nature of the situation.” In its policy on vehicle pursuits—another situation when officers might drive above the posted speed limit—the manual says officers must “use their sirens continuously to warn others of the emergency nature of the situation.”

The video also shows that Dave accelerated quickly, going from 4 to 74 miles an hour in just 12 seconds.

PubliCola is not posting the entire video; however, in the interest of transparency and access to the content described in this article, we have created a short clip of the video that begins shortly after Dave leaves SPD’s West Precinct and includes the moment of the collision. It is not graphic, but it is extremely disturbing. Please consider carefully before watching.

PubliCola also obtained three recorded statements from witnesses who saw Dave strike Kandula. In one of the recordings, the witness says he saw a police car approaching at a high speed, then heard a loud thud as the car hit Kandula. This witness did not initially mention hearing a siren. “I saw a police car coming, maybe two blocks away, and then I heard a loud sound,” he said, adding later that the reason he knew it was a police car was because “I saw light.”

“Usually when you hear that noise of a collision, of a car hitting something—a curb or something, another car—you hear brakes beforehand. Like, you hear screeching brakes and then you hear a crunch or whatever. But this time, there was no brake sound at all. It was just the sound of the front of the car hitting something.” 

The interviewer asked the witness twice  to describe what he heard, then asked explicitly if he heard a siren before Dave struck Kandula. “I believe I did,” the witness replied, but added, “I don’t remember” any details about it.

“I think what threw me off,” the witness continued, “was that usually when you hear that noise of a collision, of a car hitting something— a curb or something, another car—you hear brakes beforehand. Like, you hear screeching brakes and then you hear a crunch or whatever. But this time, there was no brake sound at all. It was just the sound of the front of the car hitting something.” 

Another witness said she heard Dave chirping his siren intermittently before he struck Kandula.

In the moments after the collision, the video shows Dave calmly calling in the incident and immediately attempting CPR until other officers arrive to take over. Speaking to another officer minutes after the collision, Dave said, “She was in the crosswalk; she saw me. She started running through the crosswalk —I slammed on my brakes—instead of staying back where she should.” Later, Dave is crying and distraught, telling one officer he is “not okay” and muttering, “I fucked up” to another as officers try to comfort him.

“There’s nothing for me to do right now but sit. That is the fucking worst thing,” Dave says later, while sitting in the passenger seat of another officer’s SUV. “You just have sit. So many questions that are unanswered, so many questions.”

Dave’s body-worn video includes a dispatcher describing the 911 call to which Dave was responding, making it clear that the person who called for help was conscious and staying on the phone with 911 until medics arrived

After the collision, Diaz said Dave was responding “as an EMT to a priority 1 emergency call,” implying that Dave was rushing to deliver life-saving emergency care. Subsequent reporting by PubliCola revealed that the caller had, in fact, used too much cocaine and was “freaking out” but lucid and standing outside his apartment as he waited for medics to arrive.

Photos taken in the aftermath of the collision, also provided in response to our records request, show that the impact cratered the front of the SPD SUV Dave was driving, crushing its hood and shattering the windshield. The photos and video show a debris field that included Kandula’s clothing, shoes, backpack, and art supplies, including a notebook that was crushed under the wheel of Dave’s SUV.

City Council, Environment, Police

Midyear Budget Proposal Adds Funding for Streetcar Study, Police Overtime—and $19 Million for Unanticipated Lawsuit Payouts

By Erica C. Barnett

The city council got a first look at a proposed mid-year budget package that would fund a graffiti cleanup team that Harrell recently rolled out as part of his Downtown Activation Plan; add funding to revive the delayed downtown streetcar connector; increase SPD overtime spending to pay for downtown emphasis patrols, expanded online crime reports, and public disclosure officers; and put an additional $19 million into a fund that pays out for lawsuits and claims against the city, many of them the result of alleged police misconduct.

Every year, the city council has to adjust the budget to reflect new priorities, as well as what the city has actually spent so far that year, in a midyear supplemental budget that’s often hundreds of pages long.

The council denied Harrell’s request to nearly double what the city spends on graffiti removal last year, increasing annual graffiti cleanup spending to almost $4 million. According to council staff, Harrell’s office reversed their decision by using unspent funds from Seattle Public Utilities public hygiene budget, including pump-outs for trailers that provide showers for unsheltered people, to fully the graffiti cleanup crews. Harrell announced the new spending earlier this month as part of his Downtown Activation Plan. Because the city has already executed the contracts, a council staffer explained Wednesday, the council now has little choice but to fund the expanded graffiti program.

To fund other Downtown Activation Plan programs, a central staff memo notes, Harrell has proposed using the JumpStart fund, which includes funding earmarked for small businesses. Ironically, it was the Downtown Seattle Association, along with the Seattle Metro Chamber and other business groups, that proposed temporarily suspending the JumpStart tax—which only applies to the city’s largest businesses—earlier this year.

The memo outlines all the other proposed midyear budget adjustments, which also include $1 million “a delivery assessment of the Center City Cultural Connector”—as the proposed downtown streetcar was recently rebranded—”to determine if the design needs to be updated to reflect the intent of the project.”

“My original idea was, just lift the proviso and let them spend the salary savings on emergent needs,” Councilmember Sara Nelson said Wednesday, adding that the funding limitation “prohibit[s] the uses of salary savings on on expenses that are really important right now for the for Seattle Police Department.”

The council will also have to approve a $19 million increase to the city’s judgment and claims fund—including $14 million from the city’s planning reserves fund and $5 million from insurance—to pay for “higher than anticipated expenses” from lawsuits against the city. A spokesperson for the city’s budget office told PubliCola the city “cannot accurately predict how much money will be spent if the request is approved,” and said the city may not end up using all the money.

Still, the allocation represents a significant increase to the fund, which the city already expanded by $11 million in the 2023 budget last year, when it increased the fund from $30 million to $41 million “to pay for extraordinary settlements against the City.” Last year, lawsuits against the police department accounted for almost half of the $36 million the city spent on settlements, defense attorneys, and other litigation-related expenses, according to a report released in April.

The midyear budget also releases some funding to SPD to pay for improvements to the department’s online reporting system and unbudgeted overtime expenses the department has already made, along with position authority for four new public disclosure officers. Currently, SPD has to get council approval to spend funding allocated to vacant positions, including sworn officer positions the department is unable to fill, on unrelated purposes.

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Although the spending SPD is requesting is fairly limited—about $815,000—budget chair Teresa Mosqueda noted that whenever the city creates new SPD positions—on top of the hundreds of vacant positions that are included in the budget every year—”it compounds our increased costs year over year,” because the new positions become an additional SPD expense in future budget years.

“If there [are] positions that are vacant, that the department intends to hold vacant, that are no longer needed or are not part of the near term planning, it is okay to abrogate positions in order to put funding into other priorities,” Mosqueda said.

Councilmember Sara Nelson, who argued vehemently against restrictions on SPD’s spending authority last year, said another way to solve the annual funding problem would be to just allow SPD to spend salary savings on whatever they want. “My original idea was, just lift the proviso and let them spend the salary savings on emergent needs,” Nelson said Wednesday, adding that the funding limitation “prohibit[s] the uses of salary savings on on expenses that are really important right now for the for Seattle Police Department.” (In fact, it just requires the council to approve those expenses.)

Immediately after suggesting the council has made it too hard for the department to spend salary savings however it wants, Nelson spent 15 minutes questioning a $50,000 expenditure on a “living hotel” pilot that would create sustainable development standards for new hotels. Currently, the city has no way of endorsing or verifying that a hotel that calls itself “green” is actually adhering to green standards such as limiting water usage.

Suggesting that Mosqueda, who proposed the expenditure, was dropping the idea on the council out of the blue, Nelson said, “You make it sound like there’s a lot of talk going on between departments, but I’m the vice chair of the sustainability and renters rights committee, I’m on land use, I’m the chair of City Light, and  the first time I’ve heard about this policy is through some of those form emails coming in.”

“I appreciate that you might know a lot about it,” Nelson continued. “Again, talking about money, that transparency in budgeting ,and making sure that when we allocate money, it’s actually getting spent. So is it premature to be funding this work, given those factors?”

No one took the bait on the glaring contradiction between supporting a blank check for police and scrutinizing a tiny expense for the environment, but Councilmember Lisa Herbold did chime in on behalf of Mosqueda’s add, noting that “it’s really important to guard against greenwashing” by companies operating in the city.

As the central staff memo notes, Harrell’s Downtown Activation Plan includes a special land use change for a proposed hotel in Belltown that will not have to adhere to any green standards, and would extend master use permits for existing downtown hotels, prolonging their exemptions from current environmental rules.

Police, race

SPD Chief Says He Doesn’t Know How Fake Tombstone for Police Shooting Victim Ended Up On Display In Precinct Break Room
Seattle Police Chief Adrian Diaz

By Erica C. Barnett

Seattle Police Chief Adrian Diaz appeared before the Community Police Commission Wednesday morning to address a body-worn video showing a fake tombstone with the name of Damarius Butts, who was killed by four SPD officers in 2017, displayed on a shelf above a microwave in a break room at the department’s East Precinct on Capitol Hill. The video also shows large Trump 2020 flag hanging on a back wall of the room.

The Office of Police Accountability (OPA) is investigating the incident.

During his comments, Diaz did not directly apologize for the display, saying only that he “acknowledged the impacts that we created after George Floyd’s murder, and I apologize for those impacts—those impacts that we’re here discussing today.” Diaz added that since 2021, when the video was taken, the department has taken a number of steps to create a “healthy environment,” including a relational policing program called Before the Badge and trainings in a system called Outward Mindset. He also noted that officers were under a great deal of stress during and after the 2020 protests.

“Over the last three years we’ve lost 575-plus officers, [so] our personnel since that time has changed. We are changing,” Diaz said. “We continue to move this department forward. But change takes time.”

“I want to know why this happened. I want to know why it was allowed to continue. I want to know if anyone has been held accountable. I want to know what is being done so it never happens again. I want to know why killing my son and getting away with with it wasn’t enough. I want answers and so far, I haven’t heard any.”—Stephanie Butts, mother of police shooting victim Damarius Butts

In response to questions from CPC member Adrian Leavitt, who is also the attorney for Butts’ surviving family, Diaz said he had no information about where the tombstone came from, how it ended up at the East Precinct, who propped it up on the shelf, how many weeks or months it sat there, or how many people saw it before it was finally removed.

“As far as some of the other details, as far as officers who saw it, who displayed and who put it up, those are stuff that I think OPA will hopefully be able to kind of unwind and be able to articulate what happened,” Diaz said. “We had a significant amount of officers that left the department, many officers from the East Precinct specifically, and so we still don’t know if some of those officers that left the department were a part of that.”

Butts’ mother, Stephanie Butts, said she was shocked when she learned SPD officers were “so callous that they were heating up food in a microwave below my son’s fake tombstone and didn’t see anything wrong with that. … I want to know why this happened. I want to know why it was allowed to continue. I want to know if anyone has been held accountable. I want to know what is being done so it never happens again. I want to know why killing my son and getting away with with it wasn’t enough. I want answers and so far, I haven’t heard any.”

In an official statement released last week, SPD suggested the tombstone may have placed outside the precinct by a protester, and referred to the shelf in the break room as a “storage shelf” where SPD stored items “until they were discarded.” The video does not show any other items in a similar state of “storage.”

According to Leavitt, the tombstone was taken from a nearby memorial for victims of police violence that featured many similar tombstones representing people killed by police.

Diaz said efforts to improve the culture at SPD have already started bearing fruit. “In a short time, our OPA complaints have seen a drastic reduction compared to four years ago and our use of force has seen a drastic reduction, a 40 percent reduction,” Diaz said. “And up until yesterday, we had not had an officer involved shooting involving a person in 13 and a half months.” On Tuesday, police shot a man in downtown who was suspected of stabbing another person a few blocks away. That shooting is currently under internal investigation, according to the department.