Category: Police

County Executive Dow Constantine, Seeking Reelection: “The Status Quo Has Been Upended”

By Erica C. Barnett

King County Executive Dow Constantine, who served in the state legislature and on the King County Council before beating eight other candidates for county executive in 2009, was supposed to run for governor—until the current governor, Jay Inslee, decided he wanted to keep the job. With a bid for higher office thwarted until at least 2024, many political observers expected Constantine to step down this year rather than seek a fourth term.

Then the pandemic hit, and suddenly, all eyes were on King County and its public health department, whose capable response to a fast-moving, ever-evolving crisis made the county a model for the nation. Constantine decided to run again, and for the first time in 12 years, drew a credible opponent—Democratic state Sen. Joe Nguyen, who represents the same West Seattle district Constantine did in the state House and Senate. (In a further twist of internecine West Seattle politics, Nguyen defeated Shannon Braddock, who’s now Constantine’s deputy chief of staff.)

I sat down with Constantine over Zoom last week, and started out by asking him why he decided to seek another term.

Dow Constantine: I mean, I was thinking about running for governor, but then the governor ran for governor. And because I’m a good Democrat, and I want to ensure that we have Democratic leadership in Olympia, I chose not to run for governor along with all the other potential candidates.

I have lots of options in life. But the best opportunity right now coming out of this crisis is to advance the work we’ve been doing. I think this is a unique, exciting moment where the status quo has been upended. And a lot of the things that we have been dutifully building toward in equity and social justice and environmental restoration and police transformation and so forth become dramatically more possible. So, you know, once the, the COVID crisis started, we’ve been in it, and there’s really been no looking back.

PubliCola: Looking back over the last 14, 15 months of the pandemic, is there anything that you would have done differently in the early months, if you had known kind of how things would turn out?

With hindsight being 20/20, instead of trying to distance people in a congregate setting, like in shelters, we would know that having people just farther apart but all in the same room, was still going to be problematic. We [eventually] moved to the hotel model, which immediately and dramatically slowed the spread of the disease. Obviously, if we had more knowledge at the time, we might have made different choices about requiring mask use early on, or getting people into hotels and single-room settings rather than shelters. But in general, I think that the people responded well to a crisis with a lot of unknowns.

“Simply saying that the government can’t be involved in anything that in any way facilitates someone using the substance to which they are clearly physically addicted is just inhumane.”

PC: One of the things [Downtown Emergency Service Center director] Daniel Malone has said since early in the pandemic, when DESC moved people from their downtown shelter to the Red Lion in Renton, is that they’re never going to go back to the way things were, with people staying in overcrowded, congregate shelters. And yet it feels like that’s kind of what’s happening at the city level. Do you think that in a year or two years, we’re going to be right back where we were?

DC: That is not what the county is doing. Other than in isolated cases, for an immediate overnight emergency, we’re not going to be investing in mats-on-the-floor, get-kicked-out-in-the-morning shelters, because we have seen what having a room of your own, a place of your own, even just space of your own, can do for people.

It used to be that people were very focused on long-term, purpose-built, supportive housing, and it was sort of, we’ll just wait and let people rotate through these congregate shelters until those things are ready. With some exceptions, I think we’re moving much more toward a model where we try to get everyone a place that is genuinely a better alternative to the streets or a tent—a place that has a lock on the door with their own bathroom and some dignity and the ability to get rested and cleaned and centered. And that seems like kind of an obvious thing. But the pandemic created the opportunity to demonstrate how much better that works than a congregate shelter setting.

“I do think it’s likely that we want to find [a new sheriff] who is an outsider, someone who doesn’t owe anyone anything and is not beholden to people so that they can make difficult decisions and see things with clear eyes.”

PC: The opiate task force came out with its recommendations almost five years ago, and I remember at the time thinking that, in particular, the [supervised consumption site] recommendation was never going to happen. And sure enough, it hasn’t. Why do you think that is? And do you think the county has come through as promised on the remaining recommendations, including access to treatment on demand?

DC: I do think that the task force was correct that a safe, monitored place would save lives. And we’re seeing continued deaths from heroin that’s tainted with fentanyl, for example. And for the parents, for the families who’ve lost their children, the moralizing that I come across in the media about not facilitating drug use rings kind of hollow. Simply saying that the government can’t be involved in anything that in any way facilitates someone using the substance to which they are clearly physically addicted is just inhumane.

Will we, as a practical matter, be able to get one of these things up and running? I don’t think, unless there’s a significant political change, that it’s going to be possible to do. But I will say this. The advances in both treatment and the drugs to reverse overdose mean that it’s absolutely imperative that people not be in basements and alleys and other places where they don’t have eyes on and them can’t get help, because we can save lives in the short run. And we can save people from addiction over time. And we have much better mechanisms that we had even a decade ago to do that.

“It is the state of Washington that requires us to have a youth detention facility. And we would very much welcome the state legislature actually removing that legal obligation, and instead providing us with the funds and the mandate for alternatives.”

This is not your question, but this has been bugging me lately. There are a lot of people on the streets who have some level of opioid dependence. And some of them had it before they were homeless, and a lot of them developed it on the streets and are at grave risk because of tainted drugs that can come in to the community. And there have been plenty of suburban kids and parents who have died. But I continue, as I make calls, to hear this basic, moralistic perspective—like, they’ve just got to get off the junk, and then we can offer them all these services.

And we know that’s not how it works. Getting just some solid ground under people’s feet first is an almost indispensable prerequisite to people being able to succeed in treatment. When you’re fighting for survival every night, it’s very hard to adhere to some sort of program that’s going to help you get off of whatever you’re addicted to. Continue reading “County Executive Dow Constantine, Seeking Reelection: “The Status Quo Has Been Upended””

Police Chief Diaz on Why He Hasn’t Fired Any Officers for Excessive Force

Seattle Police Chief Adrian Diaz

By Paul Kiefer

On Wednesday, Interim Seattle Police Chief Adrian Diaz announced his decision to overturn the Office of Police Accountability’s (OPA) findings in one of the most prominent misconduct cases of last summer’s protests. The case centered on the Seattle Police Department’s use of blast balls, tear gas and pepper spray against protesters at the intersection of 11th Ave. and Pine St. on the evening of June 1, 2020, after an officer attempted to yank a pink umbrella out of a protester’s hands.

The chief’s decision to overturn the OPA’s finding of excessive force against Lieutenant John Brooks, who gave the order to use the weapons against protesters, sparked an outcry from police accountability advocates and activist groups. The Community Police Commission, one of Seattle’s trio of police oversight bodies, called Diaz’s decision “detrimental to community trust in SPD and Seattle’s entire police accountability system,” particularly because he offered no detail about how he would hold decision-makers at a “higher level of command authority” responsible in lieu of Brooks.

In a conversation with PubliCola last week, Diaz said he does not want his decision to absolve Brooks of responsibility to overshadow his record as a disciplinarian. Since becoming interim chief in September 2020, Diaz has fired eight officers for misconduct, and two more officers retired to avoid termination; Diaz displays their badges in a wooden box on his desk.

“If there’s an officer-involved shooting and the officer has a history of complaints from years past, we’re going to say, ‘we’ve trained you, we’ve done everything we can for you and you’re still not getting it. That might end up reaching the level of termination.”

Of the ten officers Diaz has fired or would have fired, nearly all violated SPD’s policies prohibiting dishonesty or biased policing; among those officers was Sina Ebinger, who retired in lieu of termination after lying about misusing SPD’s Navigation Team to pick up her trash, as well as a 911 dispatcher who told a Black caller that “all lives matter.

But Diaz has not yet fired any officers for using excessive force, despite the flood of use-of-force complaints stemming from last year’s protests. Diaz told PubliCola that when compared to dishonesty, the disciplinary standards for excessive force are generally less harsh. “A lot of inappropriate use of force cases are incidents in which an officer put hands on a person or did something that didn’t cause an injury, but could still be excessive,” he said. “That doesn’t mean the officer was dishonest about it—they documented the incident, and they explained why they thought their actions were appropriate, but their supervisor disagreed.” Continue reading “Police Chief Diaz on Why He Hasn’t Fired Any Officers for Excessive Force”

Participatory Budgeting “Clearly Delayed Until Next Year,” Councilmember Confirms

An early version of the proposed budget for the Black Brilliance Research Project’s administrative model.

By Paul Kiefer

Seattle’s participatory budgeting process, which received $30 million in the 2021 city budget adopted last year, “is now clearly delayed until next year,” Seattle City Councilmember Tammy Morales confirmed by email Wednesday.

The city council identified participatory budgeting as a way to allocate spending on alternatives to policing last year. But the timeline to get the process underway has been unclear for months because of uncertainty about who will manage the process. The council is considering two options, but Morales has been reluctant to move forward with either alternative.

The first option would follow the plan the Black Brilliance Research Project (BBRP) team laid out in their final presentation to the city council in March. According to that plan, a third-party contractor—likely a nonprofit—would be responsible for hiring a 26-person “steering committee,” made up of people representing various marginalized groups. The steering committee would gather proposals from Seattle-area residents, shape them into viable projects, and supervise a citywide voting process to choose which projects get funded; through the contractor, the city would pay steering committee members an annual salary of around $112,000, including benefits. 

Despite the delays and controversies, Morales still hopes that a larger-scale participatory budgeting process can become an annual part of the city’s budget.

The third-party contractor would also be responsible for reducing barriers to participation in the participatory budgeting process, including by distributing WiFi hotspots and computers to low-income residents and providing translation services. 

Because of all these new hires, the BBRP researchers’ proposed budget for administering the participatory budgeting process is close to $8 million, with an additional $6 million set aside to cover unexpected costs; that would leave roughly $16 million to fund community safety projects.

Because of its high overhead costs, Morales has called called the BBRP’s proposal “unworkable” in its current form. But she is no more confident in an alternative proposal, offered by Deputy Mayor Tiffany Washington during talks with the council with BBRP researchers, that would put the Department of Neighborhoods (DON) in charge of participatory budgeting at a lower cost and on a shorter timeline. Under that model, DON would hire 15 contractors to serve on a steering committee for $75 an hour; overall, the mayor’s office estimates that the scaled-down approach would cost $2.6 million, but the office maintains that the mayor isn’t advocating for any model in particular.

The Department of Neighborhoods runs a small, four-year-old participatory budgeting program called Your Voice, Your Choice, which allows residents to suggest and select small capital improvement projects—new speed bumps in front of Leschi Elementary School, for instance—for the department to fund.

From Morales’ perspective, the alternative participatory budgeting plan doesn’t reflect input from Black Seattle residents; according to the BBRP researchers’ final report to the council, members of the public who responded to their questionnaires and participated in their town halls were specifically opposed to entrusting DON to oversee the project. Instead, the respondents favored using staffers from the Office of Civil Rights to support the work of a community steering committee. Continue reading “Participatory Budgeting “Clearly Delayed Until Next Year,” Councilmember Confirms”

Council Vote Leaves Fate of Proposed SPD Cuts In the Air

Breakdown of Estimated Salary Savings Under Herbold Proposal

By Paul Kiefer

Months of debate on the City Council about how to distribute millions of dollars in unpaid Seattle Police Department salaries came to an end on Tuesday, though no one seemed satisfied with the result.

During the meeting, the committee considered a proposal to cut $2.83 million from SPD’s budget while simultaneously lifting a budget proviso on another $5 million that the council has withheld from SPD’s budget since the beginning of the year. Ultimately, the committee sent the ordinance to the full council with a ‘do not pass’ recommendation.

The committee’s discussion was part of the ongoing debate over the council’s promise to curtail overspending by SPD last December. When department leadership informed the council that SPD had overspent their budget by $5.4 million, the council expressed its intent to cut the same amount from SPD’s budget this year. The council hoped that the $5.4 million would support the participatory budgeting process this spring.

The planned cut didn’t jeopardize SPD’s plans to hire new officers, because the council had already passed a budget that provided enough money to pay the salaries of all officers SPD expected to hire or retain in 2021.

But the proposal set off alarm bells at SPD. In March, interim SPD Chief Adrian Diaz appeared before the public safety committee to argue that the department is already hamstrung by earlier budget cuts and staffing losses. Cutting an additional $5.4 million from the department’s budget, he argued, would plunge the department into a staffing crisis “beyond mitigation” by spurring more officers to leave for greener pastures.

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Later that month, in response to pressure from SPD to reconsider the cut, public safety committee chair Lisa Herbold revised the proposal: instead of cutting $5.4 million from the police department budget, the council could reduce the cut to $2.83 million. Most of the money taken from SPD’s budget would go to the participatory budgeting process; the rest would pay for civilian staff in other city departments who could support SPD, including evidence storage staff and five new mental health crisis responders. Herbold also proposed offsetting the $2.83 million cut by lifting a proviso the council passed last November that withholds $5 million in salary savings from SPD; the department’s budget also includes several million more dollars in salary savings unaffected by the proviso because of the abnormally high attrition from the department in the past year.

From Herbold’s perspective, the reduced budget cut still allowed the council to penalize SPD for spending beyond their budget in 2020 while also giving the department greater flexibility to fill budged holes as they appeared.

But Herbold’s proposal to reduce the size of the budget cut didn’t assuage SPD’s concerns. And it drew the attention of Dr. Antonio Oftelie, who leads the monitoring team appointed by a federal district court to track the progress of reforms to SPD. Oftelie’s team directed the committee to delay acting on their plans to cut SPD’s budget until department leadership answered a list of questions about the impacts of staffing losses and additional budget cuts on the department’s day-to-day responsibilities. Continue reading “Council Vote Leaves Fate of Proposed SPD Cuts In the Air”

County Invests in Hotel-Based Shelter, SPOG Campaigns for Sawant Recall, Durkan Records Requests Raise Disclosure Questions

1. In his State of the County address Tuesday, King County Executive Dow Constantine announced that the county would purchase the Inn at Queen Anne, which has been serving as a temporary shelter operated by Catholic Community Services since April of last year.

The 80-room hotel, which CCS will continue to operate, will cost the county $16.5 million; the money will come from the new “health through housing” sales tax that the county council passed—with some notable abstentions from suburban cities—late last year. The county plans to purchase “several more properties in several more cities … in the coming weeks,” Constantine said in his address.

Even as the county moves to buy hotels, the city of Seattle is pushing in the opposite direction.

In an interview yesterday, Constantine said he saw the hotels as “stops on the way to permanent supportive housing or independent housing, including affordable housing—places where you could live for a while and stabilize and take advantage of services.” Traditional, congregate shelters, including “enhanced shelters” like Seattle’s Navigation Center, don’t offer the kind of privacy and stability hotel rooms provide; “the difference between being able to come inside for the night and having a place of your own with a lock on the door seems to be everything,” Constantine said.

Even as the county moves to buy hotels, the city of Seattle is pushing in the opposite direction. Between now and June, Seattle plans to close down a temporary shelter at Exhibition Hall and relocate the people living there into shelters whose populations were “redistributed” last year, including the Navigation Center. After resisting calls to move Seattle’s homeless population into hotel-based shelters, the city finally rented about 200 hotel rooms this spring—a temporary solution (the rooms will be occupied for 10 months) and one that represents a fraction of the need. At the same time, Seattle is ramping up homeless encampment sweeps.

Asked about the apparent contrast between the county’s approach and Seattle’s, Constantine said, “first off, we can’t let the perfect be the enemy of the good. If people need a place to be inside at night, we have to figure out a way to make that happen.” However, he added, “If you’re going to move people out of an encampment, at a bare minimum, you can’t just chase people from one street corner to another or one park to another. That is tremendously unhelpful.”

Constantine is up for reelection this year; his challenger, state Sen. Joe Nguyen, told PubliCola he supports the regional homelessness authority that the county is setting up but thinks the county has failed forge partnerships with the leaders of cities within the county.

The email, which the police union sent to its members last Friday, asked off-duty officers to appear in plain clothes to collect signatures and wave anti-Sawant signs at four Capitol Hill intersections on Saturday and Sunday.

2. The Seattle Police Officers’ Guild (SPOG) asked its members to participate in signature-gathering events for the Recall Sawant campaign over the weekend, according to an email from SPOG leadership.

The email, which the police union sent to its members last Friday, asked off-duty officers to appear in plain clothes to collect signatures and wave anti-Sawant signs at four Capitol Hill intersections on Saturday and Sunday.

Recall Sawant campaign manager Henry Bridger II told SPOG members in the email that their presence would help “beef up” an otherwise meager group of volunteers. “Our goal is to have about 40+ people each day and we have about 15 right now and many probably won’t show for fear of retaliation,” he wrote, warning that “Sawant’s people will be there in mass [sic] to interfere.”

“We are just wanting to have plain-clothed volunteers to help hold signs and gather signatures so we look like we have a lot of coverage,” Bridger added. He also asked officers to bring their family and friends to boost turnout.

SPOG’s push for turnout seems to have fizzled: Twitter chatter about campaign volunteers at the intersection of Broadway and Denny suggests that few recall supporters showed up at the campaign event.

3. On Monday, the Seattle Ethics and Elections Commission held a brief discussion on a report that prompted outrage from major-media outlets last week because it revealed that Mayor Jenny Durkan’s office had failed to produce many of her text message in response to records requests in 2020.

Specifically, the report—produced by independent public disclosure expert Ramsey Ramerman in response to a whistleblower complaint by two longtime mayoral public disclosure officers—found that 10 months of Durkan’s texts were missing, and that the mayor’s office had routinely excluded Durkan’s texts from requests for text messages from mayoral staff, on the grounds that the requests didn’t explicitly include the mayor.

The report, posted on the city’s website last week, was a bombshell, but it seemed to hit major media outlets somewhat differently than it hit us at PubliCola, for a simple reason: While we have filed dozens of records requests for text messages and other forms of communication, such as messages on internal City messaging systems, during the Durkan administration, we have routinely received only emails in response—a fact that suggests Durkan and her entire staff don’t use text messages, internal communications systems, or any other form of written communication other than email at all.

Since we know this is not the case (in fact, a quick text history search found a number of messages that would have been responsive to some of our requests), the only conclusion we can reach is that the mayor’s office did not provide records that would have been responsive to our requests, despite having the ability to do so and despite apparently filling other media outlets’ requests for text messages and other forms of communication. (A full list of PubliCola’s records requests to the mayor’s office since August 2018 is available here.) Continue reading “County Invests in Hotel-Based Shelter, SPOG Campaigns for Sawant Recall, Durkan Records Requests Raise Disclosure Questions”

Still No Street Sinks, Pedersen Tone-Polices Council Colleague, No Discipline for Cop who Retaliated Against Whistleblower

1. The nearly year-old debate over street sinks for people without access to indoor plumbing boiled over at last week’s meeting of the city council’s homelessness committee, as Seattle Public Utilities director Mami Hara outlined some of the Durkan Administration’s many objections to providing cheap, accessible places for people experiencing homelessness to wash their hands.

As PubliCola has reported, the city council funded street sinks last November, with a goal of quickly installing more than 60 simple sinks at key locations around the city. Access to clean running water and soap—not just hand sanitizer, which the city is currently considering as an alternative to sinks—is essential to preventing the spread of communicable diseases such as shigella, hepatitis, and cryptosporidiosis, which have spread among Seattle’s homeless population since the COVID-19 pandemic led to the closure of most publicly accessible sinks last spring.

Six months later, there are still no sinks on Seattle’s streets. Instead, the mayor’s office, SPU, and the Department of Neighborhoods have expanded the scope of the funding to include food waste disposal, “options for accessing safe drinking water,” and new ways to “reduce illegal dumping and litter.” Last month, the city put out a request for proposals for a new “Seattle Water & Waste Innovation Pilot” with the goal of picking two or more contractors later this month.

Council member Teresa Mosqueda, who chairs the council’s budget committee, said the council’s budget directive wasn’t “to evaluate what kind of additional programs or services should be investigated … it was, how fast can we get these dollars out the door for very low-cost, already proven handwashing strategies. So I would like to ask…. where are the handwashing facilities and why is it taking so long?”

The city also needed to ensure that the sinks are “really durable and resilient against lots and lots of things that can happen to them,” SPU director Mami Hara said, and to make sure they don’t present “a tripping hazard or another hazard.”

Andres Mantilla, Durkan’s DON director, responded the city had expedited the grant application process to move more quickly than usual. Hara added that although the council might find it “counterintuitive when your’e trying to get things out quickly to consider public health requirements,” the utility has an obligation to think about people’s safety. For example, she said, people could “cross-contaminate” sinks with germs if the water isn’t “continuous, reliable, and adequate.” The city also needed to ensure that the sinks are “really durable and resilient against lots and lots of things that can happen to them,” Hara said, and to make sure they don’t present “a tripping hazard or another hazard.”

“The point isn’t to build super sinks and only be able to afford five of them; the point is to be able to get sinks out throughout the city so that folks [can] have access to running water.”—Councilmember Tammy Morales

“I understand the frustration—it’s like, ‘Let’s just put a sink out there,’ versus making sure that it’s done in a way that does not cause injury or harm to folks as well,” Hara said.

In response, Mosqueda pointed out that the city expedited temporary permits for restaurant owners to put tables on sidewalks in response to COVID, and council member Tammy Morales noted that while she was glad to hear that the executive branch now wants to open up the application process to small groups besides the Clean Hands Collective, such as mutual aid groups, “this work was intended to be out the door months ago and we are entering the fourth wave now of COVID.”

“The point isn’t to build super sinks and only be able to afford five of them; the point is to be able to get sinks out throughout the city so that folks [can] have access to running water,” Morales said.

2. Later in the same meeting, Morales addressed public commenters, saying they should direct their anger about ongoing sweeps of homeless encampments at the mayor’s office (which oversees encampment removals) rather than the council (which has adopted legislation opposing them). After following that comment with a number of calm but pointed policy questions, Morales got a dressing-down from Durkan ally Alex Pedersen, who suggested she was being rude to executive department staff.

“I just want to implore my colleagues to strive to treat our city government colleagues with respect and to not question their intentions,” Pedersen said, admonishing Morales to “take the temperature down and treat our colleagues with respect.” 

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

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

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.

Pedersen’s tone-policing comments prompted Mosqueda to jump in. Morales, she said, had been “respectful and in order,” and her questions were “very much appropriate for the situation that we’re in—a year into the pandemic, when the CDC has continued to say that we should not be sweeping people if we had no alternative non-congregate options available.” We’ll have more on the state of outreach and encampment removals this afternoon.

3. Two officers who filed a complaint against Navigation Team director (and former SPD lieutenant) Sina Ebinger subsequently complained that a friend of Ebinger’s followed them in her police cruiser, cut them off, and threatened them with professional retaliation after Ebinger lost her assignment on the team, a newly released Office of Police Accountability case file reveals. Continue reading “Still No Street Sinks, Pedersen Tone-Polices Council Colleague, No Discipline for Cop who Retaliated Against Whistleblower”

Another Sweep in Ballard, JustCARE Disputes Mayor’s Cost Claims, and Former County Dems Leader Resigns

1. On Friday, the city will remove any tents that remain at Gilman Playfield in Ballard, part of a wider strategy of removing encampments that are near schools, playgrounds and sports fields. The Gilman sweep comes after similar encampment removals at Rainier Playfield and Miller Park on Capitol Hill, which the mayor’s office said were necessary to make the parks “safe and accessible” to students and children playing sports.

Mayoral spokeswoman Rachel Schulkin said the Seattle Police Department responded 61 times in the past six months to “calls including disturbances, domestic violence, and other suspicious or potentially dangerous activity at the playground,” and that the fire department had responded to another 11 calls. Additionally, “Youth sports team coaches, parents, and neighbors have been reaching out to the City over the past few months with various safety concerns and to express their frustrations over not being able to use the field for youth sports,” Schulkin said.

On the day a jury found Derek Chauvin guilty of murdering George Floyd, the account retweeted a post from the Kent Police Department that read, “If you’re celebrating 420 today, DON’T DRIVE. Pop a squat on your 70s basement couch, play some Boston in the background, binge watch Fast Times and eat Doritos.” When a reader called the tweet “tone deaf,” the Kent account responded, “Just want to encourage people to be safe if they’re celebrating today 😊.”

The encampment was quiet on Wednesday morning, as outreach workers went from tent to tent to discuss options with the people living in the park. None of the tents were on the playground or the nearby playfield; the biggest concentration was in a shaded area near the restrooms and on the sidewalk outside the playfield fence.

According to an outreach worker on site, most of the residents would be offered rooms at the Executive Pacific Hotel downtown; if the majority of the dozens of people living in the park accept placements, the hotel would be essentially full, although some people who moved into the hotel have reportedly left without receiving permanent housing placements.

Encampment removals slowed down dramatically during the first year of the COVID-19 pandemic but have been ramping back up this spring, including the removal of tents and encampment residents from University Playfield near I-5 last weekend.

Also Wednesday, the JustCARE program moved a number of people living in Pioneer Square near the historic First Avenue pergola to its own hotel-based shelters, the Navigation Center, and the Executive Pacific Hotel, most likely making a planned sweep of that encampment unnecessary; the city is reportedly planning additional encampment removals in Pioneer Square and the International District in the coming weeks.

2. Mayor Jenny Durkan has repeatedly claimed that JustCARE costs more than $100,000 a person, a claim that has so frustrated the organizations supporting the program that they produced a flyer outlining what they say the program costs “at scale”: Just under $50,000 a client, half of which is the cost of hotel rooms themselves.

Durkan’s office has shown little interest in expanding JustCARE, which is a joint project of the Public Defender Association, Asian Counseling and Referral Service, REACH, and other groups, arguing that there are cheaper options that do the same thing.

A spokeswoman for the mayor’s office provided a chart outlining the budget for King County’s extension of JustCARE, which comes in at an average of $104,000 a month per room. The mayor’s office says that they have always calculated and compared costs on a “per room” basis than a “per person” basis, a claim the PDA disputes. The PDA says that its cost estimate of around $49,000 per client is based on a longer-term model that would bring the program to “scale,” renting “more than twice as many rooms in the same hotels, and [serving] more than twice as many participants,” according to PDA director Lisa Daugaard.

In February, the city rejected a proposal that would have effectively expanded JustCARE by moving clients into the Executive Pacific Hotel downtown, insisting that they could not spend a penny more than $17,000 per client plus the cost of the rooms themselves.

Ultimately, the city signed two contracts for hotel-based shelters, with the Low-Income Housing Institute and Chief Seattle Club, that came in significantly above the $17,000 cap.

Mayoral spokeswoman Kamaria Hightower told PubliCola, “We absolutely agree that a provider contract should be a longer-term commitment both for clients and efficiency and understand the county is seeking that approach. That’s why we created our hotel programs that are a year long and include rapid rehousing resources (and some [permanent supportive housing] resources).

3. Bailey Stober, the former director of the King County Democrats who lost his job after an investigation found him guilty of sexual harassment and workplace misconduct, is leaving his latest job as communications manager for Kent Mayor Dana Ralph under circumstances that remain unclear. Ralph would not provide details about why Stober is leaving, but confirmed that he has “resigned his position effective June 1.”

Contacted by email, Stober said, “When I took the job, I came to Kent from Texas and told the Mayor I would give her 18 months to two years and then my plan was to return to Texas. I took a great job offer in Texas and as I enter my 18/19th month with the city I’ve finished the projects I wanted to finish and am happily going back to Texas.”

Stober is the anonymous voice behind the city of Kent’s Twitter account, which gained thousands of followers for its puerile tweets mocking other cities and making jokes about “nuggs.” (Here are some lyrics the account  posted at 9:00 on a Friday night.)

On the day a jury found Derek Chauvin guilty of murdering George Floyd, the city of Kent account retweeted a post from the Kent Police Department that read, “If you’re celebrating 420 today, DON’T DRIVE. Pop a squat on your 70s basement couch, play some Boston in the background, binge watch Fast Times and eat Doritos. Be chill and stay off the roads.” When a reader called the tweet “tone deaf,” the Kent account responded, “Just want to encourage people to be safe if they’re celebrating today 😊.” Unlike many other local jurisdictions, the city did not acknowledge the Chauvin verdict on its Twitter account.

Earlier this year, Ralph stood by Stober when he got kicked out of a local bar after allegedly inciting a massive brawl and calling both Ralph and the chief of police and threatening to have the bar’s liquor license revoked.

What Became of the Legislature’s Big Plans for Police Reform?

Washington State Capitol (Creative Commons)

By Paul Kiefer

At the beginning of the legislative session in January, police accountability appeared to be front and center on many legislators’ agendas. By the time the session ended last Sunday, lawmakers had narrowed a broad array of police reform proposals to a core list of bills that expands the state’s role in police oversight and tactics, although some efforts to address gaps in police oversight—particularly police union contracts—fell short.

The agency that will play an enforcement role in the legislature’s police reform efforts is the state’s Criminal Justice Training Commission (CJTC), a group of civilians and law enforcement officers appointed by the governor that has the power to issue—and revoke—licenses to work as a law enforcement officer in Washington. On Sunday, the legislature sent a bill to Gov. Jay Inslee that will expand the CJTC’s authority to investigate officers for misconduct and suspend or revoke their licenses, a process known as decertification.

The legislation, originally sponsored by Senators Jamie Pedersen (D-43, Seattle) and Manka Dhingra (D-45, Bellevue), empowers the commission to discipline officers at their own discretion; under prior state law, the CJTC had to wait until a law enforcement agency fired an officer before considering whether to revoke the officer’s license, which allowed problematic officers to transfer to new agencies to escape consequences for misconduct.

Lawmakers passed new restrictions barring police officers from firing at moving vehicles, prohibiting judges from issuing so-called “no-knock warrants,” and limiting the contexts in which officers can initiate car chases or use off-leash police dogs.

The law will also require law enforcement agencies to report any serious use-of-force incidents to the commission, as well as any misconduct allegations or criminal charges of which their officers are found guilty. The commission would use that information to identify officers whose misconduct is serious enough to merit disciplinary action, including decertification.

Notably, the bill will alter the CJTC’s makeup, reducing the number of law enforcement representatives on the commission from ten to six and increasing the number of community representatives from two to seven. In total, the commission will grow from 16 to 21 members; other additions include a civilian police oversight expert. Members of the public will also be able to search a new CJTC database to track officers’ disciplinary and employment history. Continue reading “What Became of the Legislature’s Big Plans for Police Reform?”

Afternoon Fizz: “A Dictator Posturing As a Mayor,” Another Preventable Disease Outbreak, and CPC Challenges Cops’ Crowd Control Plans

Not a handwashing station.

1. The manager of Seattle’s Equitable Development Initiative, Ubax Gardheere, and EDI staffer Boting Zhang sent out an open letter today denouncing Mayor Jenny Durkan as “a dictator posturing as a Mayor” and leading a city in which “women and people of color step up inside the institution” to do emotional labor for others.

“We’re done working for a dictator posturing as a Mayor,” the letter says. “We’re done feeling increasingly out of touch with our communities and friends. And we’re done being women of color bearing a disproportionate emotional labor burden in our civilization’s collective reckoning with our mid-life (or is it end-of-life?) crisis.”

The Equitable Development Initiative exists within the city’s Office of Planning and Community Development, which answers directly to Mayor Durkan. The purpose of the EDI is to fund and promote projects that prevent displacement in communities of color.

However, in their letter, Gardheere and Zhang suggested their jobs had become more about taking on emotional labor and “producing” on deadline than helping the communities EDI is supposed to serve.

“When we each took our jobs, we were afraid that we’d get pulled away from the values and people we hold most dear,” the letter reads “To an extent, we have. Our bodies have been weaponized in an institution that historically and presently has actively fought against [community], and you have sensed this.”

“There is an ongoing joke about the Seattle Process, this notion that when you bring too many people together, we don’t get anything done. Fuck that. It’s not bringing together too many people that makes us slow. It’s bringing together so much trauma that gets us trapped in gridlock. And time and again, we have seen women and people of color step up inside the institution to massage at the knots.”

Contacted by email, Gardheere and Zhang declined to comment or elaborate on their letter, which says both are “taking some time off to regain our mental health” before deciding what’s next.

Prior to working at the city, Gardheere was a program manager for Puget Sound Sage, the Seattle-based race and social justice advocacy group. Zhang was named “one to watch” in Seattle Magazine’s 2018 list of the city’s most influential people.

The best way to prevent disease outbreaks, county public health officer Jeff Duchin emphasized, is to ensure that people have access to soap and running water so that they can actually wash, not just sanitize, their hands.

2. At a meeting of the Seattle/King County Board of Health last week, King County Public Health director Patty Hayes described new outbreaks of shigella (a bacterial infection that causes diarrhea, fever, and vomiting) and cryptosporidiosis (a diarrheal disease caused by a parasite.) Both spread through fecal matter on unwashed hands. In the latest shigella outbreak, 84 percent of 142 cases were among people experiencing homelessness. (Sixty-three percent of those people had to be hospitalized, according to Hayes).Among 47 people with cryptosporidiosis, about half are homeless, Hayes said.

The best way to prevent the spread of such diseases, county public health officer Jeff Duchin emphasized, is to ensure that people have access to soap and running water so that they can actually wash, not just sanitize, their hands. “Handwashing is definitely superior to” hand sanitizer, Duchin added. The city of Seattle, under Durkan, is considering what multiple people familiar with the conversations called “Purell on a pole” as an alternative to the handwashing stations that the city council funded in its budget last November.

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Hayes did praise the city for turning on 12 water fountains in downtown Seattle, which the city had turned off in response to the COVID-19 pandemic. “One of the top priorities was to get potable water, drinking water, out there—that was a super concern,” Hayes said. “We’re exploring more safe water options with Seattle Public Utilities and Parks. In the coming weeks, we’ll make additional recommendations for high-priority areas and we’ll continue to talk to the city about these hygiene issues.”

PubliCola’s has asked SPU how many water fountains are still out of commission across the city.

The department is holding an online seminar for groups interested in submitting a proposal for its handwashing station pilot—now expanded to include food waste disposal and rebranded the “Water and Waste Innovation Funding Program”— tonight at 6.

3. A blog post the Seattle Police Department published Monday announcing reforms to the department’s crowd control and use-of-force policies caught the Community Police Commission off guard, according to a letter from commission’s co-chairs. SPD’s post said the CPC’s “feedback” had contributed to the reforms. In a public response to SPD posted on the CPC’s website, co-chairs LaRond Baker and Erin Goodman wrote that the new policy changes largely do not reflect their recommendations and will “not do enough to keep protesters and other members of the community safe.” Continue reading “Afternoon Fizz: “A Dictator Posturing As a Mayor,” Another Preventable Disease Outbreak, and CPC Challenges Cops’ Crowd Control Plans”

Findings Against Former Police Misconduct Investigator Highlight New Oversight Challenges

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

By Paul Kiefer

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

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

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

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

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

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

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

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

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

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

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

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

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