Category: Police

Harrell’s Budget Would Move Parking Enforcement Back to SPD, Add $10 Million to Homelessness Authority, and Use JumpStart to Backfill Budget

Mayor Bruce Harrell delivers his first budget speech.
Mayor Bruce Harrell delivers his first budget speech.

By Erica C. Barnett

Mayor Bruce Harrell’s first budget proposal would use JumpStart payroll tax revenues to shore up spending for non-JumpStart programs, move the city’s parking enforcement officers back into the Seattle Police Department from the Department of Transportation, and provide pay increases to homeless service providers well below the rate of inflation.

The proposal includes an add of just over $1 million to the current $6 million budgeted for projects designed to reduce traffic deaths and serious injuries in the Rainier Valley, plus “other transit-related projects that will be identified in the coming months,” according to the budget book.

In addition, the budget increases funding for the King County Regional Homelessness Authority by just over $10 million, or 13 percent—a fraction of the $90 million the KCRHA requested from the city and King County. The budget earmarks that funding for new shelter, such as tiny house villages. In its budget proposal, the KCRHA asked for funding for, among other things, a new high-acuity shelter for people with severe physical and behavioral health care needs, new spaces for unsheltered people to go during the day, and wage increases for homeless service providers.

King County Executive Dow Constantine’s budget proposal, also announced today, includes $89 million for the KCRHA over the next two years—a number that represents a reduction, on average, from the $49 million the county provided the authority as part of its startup budget this year. (Note: This number has been updated; because of a miscommunication with the county executive’s office, we originally reported that the additional money was for one year, not two.)

Harrell’s proposal to use $95 million in JumpStart tax revenues to balance his budget will likely come up against council opposition. The tax is earmarked for housing, Green New Deal programs, and equitable development, but was used during the pandemic to shore up the general-fund budget, with the understanding that the practice would be temporary.

It also adds $13.7 million across three departments—Human Services, the Seattle Department of Transportation, and Seattle Public Utilities—to maintain the Unified Care Team, which “addresses the impacts of unsheltered homelessness in the city,” and the Clean Cities Initiative, which provides trash pickup in parks and around encampments, along with graffiti cleanup and enforcement. That total includes $1 million to add six new “system navigators” to the Human Services Department’s HOPE Team, which does outreach at homeless encampments before they are swept.

The proposal includes a number of cuts a budget shortfall of around $140 million. The Human Services Department will lose about $50 million in funding from one-time federal COVID grants and general fund dollars from 2022 that funded shelters, violence prevention, and food assistance, among other programs, only some of which Harrell’s budget would continue to fully fund.

The Seattle Police Department budget eliminates 80 vacant positions, for a savings on paper of $11 million, and moves spending from another 120 vacant positions to other SPD programs, including hiring bonuses and other recruitment efforts, wellness programs, and equipment, including new Tasers and $1 million for an automated gunshot surveillance system in Rainier Beach.

The primary acoustic gunshot detection system in use in the US is Shotspotter, a system that involves installing discreet surveillance microphones all over neighborhoods with high levels of gun violence. The system has a checkered history. A study of its use in Chicago concluded that it rarely resulted in the detection of actual gun violence, and could lead to preemptive police stops and searches in communities of color; last year, that city was forced to withdraw evidence based on ShotSpotter data from a murder case because the information was deemed unreliable.

A representative from Shotspotter disputes this, calling the system “highly accurate” based on an independent analysis by the firm Edgeworth Analytics.” That report, however, only determined whether the system—aided and sometimes recategorized in real time by ShotSpotter employees—accurately identified a sound as a gunshot. The Shotspotter spokesman added that the system “provides unique, reliable, and valuable evidence and expert witness testimony that has been successfully admitted in 200 court cases, in 20 states, and has survived scrutiny in dozens of [expert witness] challenges.

According to the ACLU, acoustic gunfire detection systems often send police into communities of color based on false alarms, increasing the likelihood of conflicts between cops keyed up for a dangerous confrontation and innocent people in those communities.

The Shotspotter spokesman said there is no data “supporting the claim that ShotSpotter puts police on high alert or creates dangerous situations,” and added that it simply gives police more information and better “situational awareness.”

Tim Burgess, the mayor’s chief public safety advisor, pushed unsuccessfully to set up ShotSpotter technology in the Rainier Valley back in 2014, when he was on the city council.

Although Harrell’s office has said they plan to stand up a new “third” public safety department starting in 2024, the budget does not include any specific line items for work to develop this department next year.

Transferring the parking enforcement officers from SDOT back into SPD will save an estimated $5 million in administrative costs that the city was paying SDOT as part of the transfer. It also reverses a shift in funding that advocates against “defunding” the police department have used to claim that Seattle made cuts to SPD in response to the 2020 protests against police violence.

“This may not be the PEOs’ final home,” Harrell said during his budget speech on Tuesday, leaving open the possibility that the parking enforcement officers could move to the future new public safety department.

Parking enforcement officers have complained that the move to SDOT deprived them of access to a real-time criminal database that allowed them to look up the criminal history of a vehicle’s owner before stopping to issue a ticket. The move, according to Harrell’s budget, will “eliminate the basis for PEOs’ unfair labor practice (ULP) complaints” while also restoring the city’s Office of Police Accountability’s authority to investigate misconduct complaints against parking officers.

“This may not be the PEOs’ final home,” Harrell said during his budget speech on Tuesday, leaving open the possibility that the officers could move to the future new public safety department.

Harrell’s proposal to use $95 million in JumpStart tax revenues to balance his budget will likely come up against council opposition. The tax is earmarked for housing, Green New Deal programs, and equitable development, but was used during the pandemic to shore up the general-fund budget, with the understanding that the practice would be temporary.

In 2021, the city adopted an ordinance creating a special fund for JumpStart revenues and establishing formal restrictions on the use of the tax to backfill the city’s general fund. Currently, the city can’t raid the JumpStart fund for non-general fund purposes unless general fund revenues fall below about $1.5 billion; this year, general fund revenues are about $100 million over that threshold. Harrell’s budget includes legislation, which would have to be approved by the City Council, that would lift the floor by the rate of inflation, making it easier to use JumpStart revenues for any purpose.

In a statement, City Council budget chair Teresa Mosqueda alluded to the kind of changes the council might consider to Harrell’s budget proposal.

“Without investments in working families and core city services, the inequities we saw prior to COVID-19 will only continue to deepen,” Mosqueda said. “With a rocky economic forecast locally and nationally, inflation rates continuing to rise, and no new federal COVID-related funding, I will be focused on strong fiscal stewardship while maintaining investments in the people and services for our City.”

The budget proposes a sub-inflationary wage increase of 4 percent for homeless service providers. Lowering wage increases for human service providers below the currently mandated rate of inflation will require a change in city law.

Although the mayor’s office is requesting an inflationary increase in the floor to use JumpStart spending for non-JumpStart purposes, the budget proposes a sub-inflationary increase of just 4 percent for homeless service providers—a total of just over $600,000 next year. Currently, the city is required by law to increase wages for all human service providers by the rate of inflation, which, this year, is around 8.7 percent. Wage increases that are lower than the rate of inflation constitute an effective pay cut. Lowering wage increases for human service providers will require a change in the law; Harrell’s budget proposes a new law setting a 4 percent ceiling on wage increases for the nonprofit human services providers that receive funding from the city.

On Monday, Harrell, along with King County Executive Dow Constantine, touted a proposal that would increase behavioral health provider wages by 13 percent. Harrell’s budget also includes recruitment bonuses for child care workers, another field that, like human and behavioral health services, has a very high rate of turnover because of low wages, tough working conditions, and a lack of real pay increases relative to inflation.

The budget now goes to the city council, whose budget committee—made up of all nine council members—will take it up starting this week. The council adopts the city’s budget annually in late November, just before Thanksgiving.

This is a developing story.

Harrell Picks Diaz for Police Chief; Council Park District Alternative Would Keep Park Rangers, Raise Tax

Mayor Bruce Harrell, Interim Police Chief Adrian Diaz, and supporters
Mayor Bruce Harrell, Interim Police Chief Adrian Diaz, and supporters at Tuesday’s announcement

1. After a City Charter-mandated process that led to a list of three finalists, Mayor Bruce Harrell announced Tuesday that interim police chief Adrian Diaz will become Seattle’s permanent police chief, pending confirmation by the City Council.

Diaz expressed his desire to become permanent chief as early as 2020, when he replaced former chief Carmen Best, and was widely viewed as the most obvious choice for the position. Harrell’s office announced the finalists for the position less than two weeks ago, and the public had its first look at all three finalists in a live Seattle Channel interview five days before the mayor announced his selection.

The compressed recent timeline, combined with Harrell’s choice of the most widely predicted candidate, gave the chief selection the air of a fait accompli, prompting questions Tuesday about whether the city r revisit how it picks police chiefs in the future. Harrell defended the process, calling it “an extremely effective and efficient use of dollars” that involved “all communities in the city. “There was nothing broken in this process. The process was a good process. And so nothing out of this process suggested to me [that] we needed to fix or change anything,” Harrell said.

The police department currently has fewer than 1,000 officers on duty, a number Diaz and the mayor have said they want to increase to more than 1,400 over the next five years. Diaz said the public is demanding “action on crime, on gun violence, on perceived and real issues of safety,” and vowed to continue efforts to hire hundreds of new officers while committing to accountability, diversity, and new types of policing, including co-responder models, in which police partner with social service workers when responding to some crisis and non-emergency calls.

This approach, like the choice of Diaz itself, represents a commitment to the status quo: Reform, not a radical rethinking of the relationship between police and the communities they serve. Aggressive hiring, rather than redistributing some duties to non-police responders. More and better officer training, rather than example-setting discipline for cops who abuse their power. Even Diaz’s characterization of the 2020 protests outside the East Precinct, which he repeatedly referred to as “riots” both yesterday and during his Seattle Channel interview, represents a pre-2020 perspective in which police are the only bulwark against everything from violent crime to people protesting against police violence.

2. On Tuesday City Council member Andrew Lewis presented his budget proposal for the upcoming six-year Metropolitan Parks District plan, which PubliCola previewed earlier this week. Lewis’ proposal amends and expands on the plan Mayor Bruce Harrell proposed earlier this month, increasing the proposed property tax to 39 cents per $1,000 of home valuation (up from Harrell’s 38 cents/$1,000), adding two new off-leash areas, funding the electrification of additional community centers, planting more trees, and renovating four more restrooms than Harrell’s plan, among other changes.

Climate advocates have argued that the city needs to invest more heavily in decarbonizing the city’s 26 community centers. Lewis’ proposal would add $4 million in 2025 and 2026 to accelerate this process, along with $18 million in debt, which the city would begin paying off near the end of the park district cycle, in 2027, with a goal of decarbonizing 13 community centers by 2028.

The plan would also fund $5 million for additional maintenance at the planned downtown waterfront park, which would come out of the existing park stabilization fund and reserves.

Lewis noted Monday that his proposal also includes spending restriction meant to ensure that parks rangers can’t remove encampments or exclude people from parks for anything other than felony-level crimes. As we reported on Monday, although a 1997 law empowers parks rangers to exclude people from parks for violating park rules, a more lenient policy adopted in 2012 has effectively superseded that law. Lewis’ proposal would make funding for 26 new rangers contingent on following the 2012 rule, and would require the mayor to “immediately inform the Park District should these park rules be modified.”

Two public commenters were extremely upset about nudity they’d witnessed at Denny Blaine Park, an unofficial nude beach on Lake Washington, and said they hoped the new park rangers would put a stop to it and, as one speaker put it, make the park a “family friendly place again.” One outraged speaker, who seemed to be a frequent visitor, said she had witnessed people “walking down Lake Washington Boulevard naked, in the middle of Denny Blaine Park, naked, in trees, naked, displaying themselves, naked, on the low walls in the park, [and] naked people swimming, paddle boarding, laying on rafts, etc.”

The parks district board, which is made up of all nine members of the city council, will meet this Friday, and the council itself could vote on a final proposal as soon as Monday, September 27.

Proposed County Budget Will Includes More Cops, Jail Guards, Bus Security, and Diversion Programs

Department of Adult and Juvenile Detention director Allen Nance, King County Sheriff Patti Cole--Tindall
Department of Adult and Juvenile Detention director Allen Nance, King County Sheriff Patti Cole–Tindall

King County Executive Dow Constantine previewed his 2023 public safety budget on Monday, announcing his plans for new spending on police recruitment, diversion programs, corrections officers in the adult and youth jails, and body cameras for sheriff’s deputies—along with 140 new security officers for Metro buses and other investments.

The proposed new investments, which are part of an upcoming annual budget proposal that will be amended and approved by the King County Council, include:

  • $2.4 million for Vital, a program that targets “high utilizers” of the criminal justice system by providing case management and wraparound services;
  • $7.3 million for  Restorative Community Pathways, a pre-filing diversion program for youth who commit certain first-time felonies;
  • $5 million for body-worn cameras, which every deputy would be required to wear by the end of 20205;
  • $21 million to hire 140 new security officers for King County Metro buses, transit centers, and stops.

King County Metro deputy general manager Michelle Allison said the bus agency needs more uniformed security officers on and off the buses to respond to concerns from riders and bus drivers that the bus system is unsafe. “Having more safety personnel is helpful for our riders and for our employees,” Allison said. “These folks acts act as a deterrent, and provide support for our customers and our colleagues.”

Sheriff Patti Cole-Tindall said the sheriff’s office has supported body-worn video for officers for at least the past decade, but that “it just takes time” to implement major changes. “We have to complete collective bargaining,” she said. “I think the time is right for cameras because our deputies actually want them. The community expects us to have them that accountability and transparency piece. It’s happening now, and I think that’s the important thing.”

Responding to questions about hiring,Cole-Tindall said her office has already hired 50 new deputies this year, and hopes to hire another 70 in the next two years.

The sheriff’s office isn’t the only county agency that has had trouble not just recruiting but retaining staff. The problem has been particularly acute at the county’s Department of Adult and Juvenile Detention, where understaffing at both the adult and youth jails has led to repeated lockdowns and the increased use of solitary confinement, including in the county’s Child and Family Justice Center (CFJC), which is supposed to shut down by 2025.

Retention, particularly at the juvenile jail, is a problem: more than 20 of the 90 juvenile detention officer positions are currently vacant, and far more officers have left their jobs at the CFJC than the county has been able to hire.

Nance said his department is “currently working on a plan” to restore in-person visits for family members and social service providers by the end of the year. Additionally, he said, the department plans to restore full booking hours at the Kent and downtown Seattle jails by early next year; currently, bookings at the Maleng Regional Justice Center in Kent are by appointment only, and the downtown jail has shut down booking three times in recent months because of staffing shortage.

Over the next two years, Nance added, DADJ will bring on 100 new adult correctional officers and 30 officers for the juvenile jail. Currently, the county offers hiring bonuses of up to $15,000 for new recruits. However, retention, particularly at the juvenile jail, is a problem: more than 20 of the 90 juvenile detention officer positions are currently vacant, and far more officers have left their jobs at the CFJC than the county has been able to hire. New recruits have to pay the bonuses back if they don’t stay for three years; with the youth jail slated for closure in 2025, this presents a challenge: It’s harder to nail new employees to a three-year commitment when they know they may be out of a job at the end of that period.

Cities Could Lose Out on Opioid Settlement Funds, Non-Police Response Pilot Moves Forward

1. Cities and counties around the state stand to lose more than $500 million in funds for treatment, overdose prevention, diversion, and education on opioid misuse in a settlement between the state attorney general’s office and the three largest opioid distributors earlier this year, if holdout cities fail to sign on to the settlement by this Friday.

The settlement, which resulted from a lawsuit filed by Attorney General Bob Ferguson in 2021, will only be distributed to cities and counties if at least 116 of the 125 eligible jurisdictions, including all 39 Washington counties, sign a form agreeing to participate in the settlement. As of last Friday, 100 jurisdictions had signed on, including all but five counties—Adams, Kitsap, Pierce, Skagit, and Snohomish.

Cities in the Puget Sound region that have not agreed to participate in the settlement yet include Auburn, Burien, Everett, Mercer Island, Renton, and Tacoma. According to a letter the head of the AG’s Complex Litigation Division sent to local officials last week, cities can choose to hand their settlement money over to a regional body for distribution, send it to their county, or spend it themselves according to a list of approved uses.  

A spokesperson for the attorney general’s office did not respond to a request for additional information late last week.

2. The city just moved one step closer to setting up an alternative for some calls that are currently dispatched through the 911 system, when Mayor Bruce Harrell’s office and the city council signed a “term sheet” laying out formal steps toward standing up a comprehensive response system for calls that do not require a police response. These calls could include “person down” calls, wellness checks, and low-priority “administrative calls” that currently go largely unanswered.

Among other longer-term commitments, the agreement—signed by Senior Deputy Mayor Monisha Harrell and Esther Handy, the council’s central staff director—says the city will establish a work group to develop a pilot program by next January that can be implemented in 2023, a year  before Harrell’s office has said they’ll be ready to propose and start implementing a more comprehensive plan to use alternative responders for some non-emergency calls. The term sheet requires the mayor and council to come up with “basic costing information” by October 14 so the council can consider the plan during its fall budget deliberations.

As PubliCola reported in July, the council already passed a supplemental amendment to this year’s budget identifying $1.2 million in funding for a civilian response pilot, using the money from former mayor Jenny Durkan’s since-abandoned “Triage One” proposal. Councilmember Andrew Lewis, a longtime proponent of Eugene, OR’s CAHOOTS alternative-responder model, estimated that it would cost a little under a million dollars to fund a three-person pilot program for one year.

Harrell’s Proposal to Expand Park Ranger Program Sparks Controversy

Victor Steinbrueck Park
Victor Steinbrueck Park in downtown Seattle; photo by Wknight94; CC-by-SA 3.0 license

By Erica C. Barnett

Mayor Bruce Harrell’s proposal to restart the mostly moribund Park Ranger program by hiring 26 additional rangers to patrol Seattle’s downtown parks has run into opposition from advocates who have argued that the rangers will be “park cops” deputized to kick homeless people out of public spaces.

But some city council members say the rangers are meant to be a civilian alternative to police, and point to measures the city has taken to ensure that rangers can’t facilitate arrests or exclude people from parks except in extreme situations—specifically, a 2012 policy that restricts park rangers’ authority.

Councilmember (and parks district board chair) Andrew Lewis said that during a recent “ridealong” with one of the city’s two park rangers, “it was made really, really clear to me that they are greatly dissuaded from using their authority to trespass or exclude—their job is to tell people what the rules in a park are, and usually that’s enough.”

On Monday, Lewis will release his own parks district plan, which will include Harrell’s park ranger proposal. “But,” he added, “we want to make sure we put some fetters on what they can do,” in the form of a resolution accompanying the parks district spending plan “acknowledging the current policy and making it clear rangers will not participate in removals of encampments.”

The debate over park rangers is only the latest salvo in a battle over behavior in parks that goes back decades.

Back in 1997, the city adopted a controversial law called the Parks Exclusion Ordinance, which allowed police to ban people from parks for violating local laws—anything from skating too fast to public inebriation to “camping”— could get a person excluded from all parks in one of 12 geographic “exclusion zones.” If a person was caught in any parks in that area during their exclusion period, they would face an escalating series of exclusions; on the third offense, they would be banned from every park in the city. Thousands of people were excluded from parks under the law, usually for minor offenses; during the first year the law was in effect, 53 percent of exclusions were for public inebriation and 22 percent were for sleeping in parks overnight.

Advocates like the ACLU and the Public Defender Association opposed the program, noting that it disproportionately impacted people who were homeless or poor; it also led to some absurd results.

The park ranger program started in 2007, when the city hired six rangers to “rove downtown parks and alert police to any illegal activity,” according to a Seattle Times report. The rangers also had the ability to enforce the exclusion ordinance.

The parks exclusion ordinance remains on the books. However, in 2012, it was superseded by a new “trespass warning” policy. Under that policy, park rangers or police can issue a warning when they see someone violating park rules or a state or local law; if they’re caught violating a law or park rule again, they can be arrested and prosecuted for criminal trespassing, a misdemeanor. People can also be excluded from a park zone—they still exist!—for up to a year for committing a felony or weapons-related violation. In 2015, the PDA wrote a letter to interim parks director Christopher Williams applauded the department for using the law judiciously and asking him to take a similar approach to the ban on smoking cigarettes in parks.

Councilmember Lisa Herbold, whose onetime boss, former councilmember Nick Licata, opposed the original parks exclusion law, said current efforts to paint parks rangers as anti-homeless cops diminishes the hard work of activists who pushed for the 2012 policy change. “Advocates fighting for their clients did something important, with principled persistence, that we couldn’t accomplish legislatively…and it’s lasted for ten years,” Herbold said. “This opposition campaign is devaluing that victory.”

So far, according to the Public Defender Association, the city has abided by its commitment not to indiscriminately trespass people from parks over minor issues. In the last year, according to the parks department, the two parks rangers issued 388 informal verbal warnings, one written warning, one citation for trespass, and two exclusions, both related to people shooting guns at Discovery Park.

The city’s interpretation and use of the law can change. Codifying some version of the 2012 policy in ordinance would be the most effective way to ensure that park rangers and police use their powers judiciously.

“The City Parks Ranger program was created during a time when we’d achieved an agreement to dramatically reduce the use of criminal penalties for minor parks use issues and for camping,” PDA director Lisa Daugaard said. “Their role is rarely to exclude—and then only for immediate legitimate safety threats—and mainly to be problem-solvers and caretakers. It’s obviously important to watch how an investment like this actually plays out on the ground, but to date, rangers have not catalyzed parks bans or arrests.”

A policy is less binding than a law, and open to interpretation by the mayor and his advisors; Harrell’s top public safety advisor, former Councilmember Tim Burgess, proposed criminalizing “aggressive panhandling” as a councilmember and, more recently, backed an aborted effort to have police use an obscure law governing behavior on buses to crack down on “disorderly conduct,” such as drinking, gambling, and amplified music around a former bus stop at Third and Pine. In other words: The city’s interpretation and use of the law can change. Codifying some version of the 2012 policy in ordinance would be the most effective way to ensure that park rangers and police use their powers judiciously.

Initially at least, the 28 park rangers would only work in parks downtown, under a 2008 agreement between the city and the Seattle Police Officers Guild that prohibits them from operating elsewhere. According to Harrell spokesman Jamie Housen, “The initial focus on the park ranger program would be on downtown parks as rangers are hired, additional capacity is built, and the program is scaled up. While expanding beyond downtown is something we would like to consider after the program is reestablished— dependent on bargaining—there are plenty of parks downtown where rangers could provide needed services.”

“Authentic” Harrell Doubles Down, Public Safety Director Myerberg Reassigned, Baseless Complaint Claims PubliCola Engaged in Pro-Cop “Quid Pro Quo”

1. Mayor Bruce Harrell doubled down yesterday on comments he made during a Seattle Police Department roll call that were subsequently leaked to Jason Rantz, a host at the conservative station KTTH, telling reporters he stood by “whatever people said I said.” According to quotes from the meeting, Harrell blamed at “inexperienced” city council members, the King County Regional Homelessness Authority, and service providers for the “mess” the city has become—calling out the KCRHA, in particular, for “working against” Harrell by publicly opposing encampment sweeps.

“I’ve been in the city my entire life. And there’s one thing about me, is I am authentic,” Harrell said. Gesturing toward his wife, Joanne, who was standing behind him, he continued, “[I’ve] been with my best friend and wife, we’ve known each other for close to four decades. By the way, she’s a tough critic. But she’s seen me say the same things over and over and over again. So it’s time to stop playing small ball. Let’s play big ball. Let’s attack racism. Let’s attack police reform. Let’s revitalize our downtown. That’s big ball.”

Harrell declined to say whether he would actually propose defunding the regional homelessness authority, which receives the bulk of its funding, about $70 million, from the city through its annual budget process. “We’ll present our budget in a few weeks, but you will see our clear recognition of a lot of the great work they are doing,” Harrell said. “You will see continued support. What I owe to the leaders in RHA is my expectations. And I think they share my concern that we have to get this work done. … I’m still very optimistic. I’m very optimistic. But I’m not going to look at any of the work we’re doing in the city through rose-colored glasses.”

Harrell has been publicly and privately critical of the KCRHA and its director, Marc Dones—complaining publicly, for example, about the agency’s request for city and county funding that would nearly double its existing budget to fund a slew of new projects. Privately, Harrell has reportedly questioned the need for the authority, which still lacks meaningful buy-in from suburban cities and is entirely funded by Seattle and King County.

On Wednesday, Harrell said removing Myerberg from his position was just part of a six-month evaluation that involved “moving people around,” but declined to say more about what Myerberg will do in his new role. “He’s still part of our strong part of our administration and literally sits 40 feet from my desk. We’re looking forward to our continuing partnership,” Harrell said.

2. Harrell’s erstwhile director of public safety, former Office of Police Accountability director Andrew Myerberg, has been reassigned to a vaguely defined new position—”director of special projects”—where he will reportedly head up efforts to get the city out from under a consent decree between the US Department of Justice and the Seattle Police Department.

Harrell has reportedly criticized Myerberg for his lack of connection to communities impacted by police policy, such as the ill-advised decision (supported by Harrell’s other chief public safety advisor, strategic initiatives director Tim Burgess) to crack down on “disorderly conduct,” including music, smoking, and shouting, at Third Avenue and Pine St. downtown.

On Wednesday, Harrell said removing Myerberg from his position was just part of a six-month evaluation that involved “moving people around,” but declined to say more about what Myerberg will do in his new role. “He’s still part of our strong part of our administration and literally sits 40 feet from my desk. We’re looking forward to our continuing partnership,” Harrell said.

Asked what qualities he’s looking for in Myerberg’s replacement, Harrell said, “We want a person who understands constitutional policing, seven minute response times, [and is] willing to do the hard research on what’s working in other cities, issues dealing with gun regulations, just a good director of public safety.”

3. Local police accountability gadfly Howard Gale has filed a formal complaint with the Seattle Ethics and Elections Commission alleging a “quid pro quo” conspiracy between me (Erica Barnett) and City Councilmember Lisa Herbold and/or the city’s Office of the Inspector General, which reviews police misconduct investigations to publish information flattering to the OIG and Herbold and, by extension, the Seattle Police Department.

The “whistleblower complaint” asserts that either Herbold or someone at the Office of Inspector General leaked a copy of a report to me, and only me, in advance, in exchange for my agreement to provide flattering coverage. My straightforward piece describing the contents of the external report, which included recommendations for avoiding improper certification of investigations into police misconduct, is here.

“I believe this is a clear ethical violation because it was done with the intent to avoid negative coverage for both the OIG and CM Herbold, and done for professional mutual benefit (quid pro quo),” the complaint says.

The only evidence for this utterly baseless claim is that Gale contacted nine unidentified “journalists” and “none can find any notice of the independent audit being released/available.”

The reality, as it often is with conspiracy theories, is much more mundane. The OIG released an embargoed copy of the report to a list of reporters, including me, on the afternoon of July 27, one day before the office released the report publicly.

An embargo is an agreement between journalists and a person or entity releasing information, such as a government agency or advocacy group, that journalists will get the information in advance in exchange for agreeing not to publish it until a certain time; such agreements are extremely common and allow journalists to absorb the information (for example, details in a technical briefing or lawsuit), ask clarifying questions, and write their stories before something gets released publicly. I may have been the only one who wrote about the report when the embargo lifted, but lack of coverage is not evidence of a conspiracy.

Council Considers Using Excess JumpStart Revenues to Patch $141 Million Budget Hole

Before and after: The growing budget shortfall at the city.

By Erica C. Barnett

City Council budget chair Teresa Mosqueda said yesterday that she would propose using JumpStart payroll tax revenues to supplement the city’s general-fund budget for the fourth and fifth years in a row, after the City Budget Office released new projections of a growing budget shortfall through the next five years. Between 2023 and 2026, the city now projects an average budget gap—the difference between revenues coming in and expenditures going out—of $142 million, on average, including a $141 million budget gap next year.

JumpStart—a payroll tax paid by the city’s largest employers on the salaries of their highest-paid workers—has consistently produced more revenue than originally anticipated. Since it went into effect in 2021, the tax has paid for COVID relief, housing, small business support, and to top off the general fund. Mosqueda’s proposal, which hasn’t been formally drafted, would use JumpStart revenues in excess of the city’s original 2020 projections to backfill the general fund in 2023 and 2024; currently, the city projects those excess revenues at $71 million and $84 million, respectively.

“This is just a 2023-2024 option. This is not a stopgap measure; this is a temporary use because that additional source of progressive revenue has not been passed and we need to prevent austerity while maintaining the city’s commitment to the JumpStart spending plan.”—Council budget chair Teresa Mosqueda

“The broad coalition that proposed JumpStart always intended to avoid austerity, and we can do both the spend plan as codified in 2020 and potentially find some short-term solutions for addressing the shortfall,” Mosqueda told PubliCola on Wednesday. In the meantime, she said, Mayor Bruce Harrell’s office is convening a new progressive revenue task force to consider other locahoul revenue sources. The original progressive revenue task force, which recommended a payroll tax in 2018, also said the city should consider a local estate tax, a tax on excess compensation, and a tax on real-estate speculation, among other options.

“This is just a 2023-2024 option,” Mosqueda said. “This is not a stopgap measure; this is a temporary use because that additional source of progressive revenue has not been passed and we need to prevent austerity while maintaining the city’s commitment to the JumpStart spending plan.”

In addition to new revenues, the city could be looking at cuts to departments, including the elimination of some positions that have been vacant but funded in the budget for long periods. Advocates for reducing the Seattle Police Department’s budget aren’t likely to see much trimming in that area, though; the last time a council member (then-council president Lorena González) proposed reducing SPD’s budget by eliminating unfillable positions, the council voted it down.

At the same time, the King County Regional Homelessness Authority, which is primarily funded by the city, sent a budget proposal to the city and county earlier this year requesting $90 million for new programs, on top of the $119 million that it currently receives from the city and county. If the city funded this extra spending proportionally to its current contribution ($70 million in 2022), that would amount to an additional $60 million in city spending.

Harrell has expressed frustration publicly about the KCRHA’s budget, and has reportedly wondered aloud privately what the agency is doing with its money. Efforts to stand up a program to “navigate” people off the streets of downtown Seattle by placing them in shelters or housing, launched with a one-time infusion of private money earlier this year, are going slowly, with one of the program’s high-profile leaders leaving the agency after just three months in June. In February, KCRHA director Marc Dones said one of the goals of the initiative was to reduce the number of people living unsheltered downtown to around 30, or “functional zero,” in as little as 12 months.

When PublICola asked Harrell about KCRHA’s big budget ask back in June, he said the agency seemed to “approach the budgeting process as, ‘in a perfect world, this is what [we] could do.’… But at some point, I need you to do the hard work, which is tell us exactly what you need. This is not a negotiate, ‘you go high, I go low,’ process.”

Harrell will send his proposed budget to the council on September 24.

Fizz: One in Six Officers Were on Extended Leave Last Year; City Agrees to Alternative Responder “Pilot”; Council Moves Police Hiring Bonuses Forward

1. The City Council’s public safety committee voted 4-1, with Councilmember Teresa Mosqueda voting “no,” to approve a package of police recruitment and hiring incentives that will include hiring bonuses of up to $30,000, four new recruitment-related positions (a recruitment manager, two recruiters, and an administrative staffer), and $150,000 to search for a new chief of police.

Sara Nelson, Alex Pedersen, Andrew Lewis, and committee chair Lisa Herbold voted for the legislation, originally proposed by Mayor Bruce Harrell.

According to a staff analysis, the hiring bonuses alone—$7,500 for new recruits and $30,000 for trained officers who transfer from other police departments departments—will cost around $3.8 million over four years, including around $1.5 million in 2022, $289,000 of that for the hiring incentives alone.

Before voting against the plan, Mosqueda noted that studies have consistently found that financial incentives have little impact on recruitment and retention, and have the potential to harm morale among officers working alongside newcomers recruited with large up-front payments. “What they’ve said is what they need is not additional money, but a place to bring people” in crisis, Mosqueda said. “A PR firm for SPD won’t help that. A hiring incentive approach won’t help that. Marketing won’t help that. [And] $150,000 for a police chief search won’t help that.”

The full council will vote on (and likely pass) the legislation next Monday.

2. Tuesday’s meeting also gave the council a look at SPD’s 2022 budget and staffing levels. Although the department lost 109 officers due to “separations” (resignations and retirements) in the first half of the year—significantly more than either SPD or council staff projected—there may actually be more officers on the streets by the end of 2022 than there were in 2021.

That’s because an unusually high number of officers went on extended leave starting immediately after the protests against police violence in summer 2020. Many more officers joined them after the city instituted its vaccine mandate in October 2021. Although these signposts are only indicators—SPD doesn’t provide information about why officers go on leave—the spikes in the chart correspond closely to those two events.

Historically, between 30 and 70 officers (out of a force that numbered close to 1,400) would be on extended leave at any given time; at the end of 2019, for example, 49 officers were on extended leave and unavailable for service. Typically, officers on extended leave are burning up their paid leave before they retire, since they can’t cash it out; after the vaccine mandate went into effect, some officers who did not want to get vaccinated went on leave as well. The numbers don’t include officers who are on administrative leave related to misconduct allegations.

After the city’s vaccine mandate took effect, 181 officers, or 16 percent of the police force, were out on extended leave.

The number of officers on extended grew slightly through the first half of 2020, in the early days of the COVID pandemic—a time when SPD was reluctant to grant leave to first responders. That number exploded in the months that followed the protests, nearly tripling between March and the end of 2020, when 137 officers were out on extended leave—more than 10 percent of the force. The number shrunk slightly, then exploded again, to 181, in the fall of 2021, after the vaccine mandate took effect. During that period, 181 officers, or 16 percent of the entire police force, were out on extended leave.

Since then, the gap has begun to close as some of those officers return to work after long periods off, at least temporarily offsetting losses from officers leaving the force.

A reduction in the number of police officers doesn’t translate to savings on a one-to-one basis, for a couple of reasons: Each officer who leaves SPD gets separation pay, which comes out of the budget, and fewer officers generally translates into more overtime costs. Currently, the city has paid out two-thirds of all the separation pay it budgeted for this year, and that only accounts for officers who left through the end of May. SPD is also spending more than anticipated on overtime, including patrol hours and staffing outside events; currently, the department is on track to go between $2 million and $3 million over its budget for 2022.

The department has been reluctant to scale back staffing at events like Mariners and Seahawks games, where officers direct traffic and provide security. At Tuesday’s meeting, Police Chief Adrian Diaz said SPD has “had to say no to many special events” because of understaffing and the need to dedicate officers to “emphasis patrol” areas like Third and Pine downtown and 12th and Jackson in the International District.

3. The discussion about overtime bled into a conversation about alternatives to policing—an issue Lewis has begun bringing up at nearly every SPD-related briefing. The basic question: After promising for more than two years to transfer some responsibilities, such as responding to low-risk 911 calls, into civilian hands, why has Seattle fallen so far behind other cities like Albuquerque, Denver, and Houston?

SPD, as we’ve reported, has argued that it needs to do a complex risk analysis before relinquishing control over any of the calls it currently handles, and Harrell’s office has generally concurred, laying out a lengthy timeline that could result in a transfer of some call types some time in 2024.

However, in the city’s latest quarterly report to the monitor overseeing the federal consent decree with SPD, the city attorney’s office reported that the city, “in the short term, will explore and execute potential pilot programs for diversified 911 response systems, as well as evaluate whether existing resources can be redeployed or more efficiently deployed on staffing projects like Special Events to increase SPD or alternative response to priority three and four calls in the near term, without engaging in costly expenditures in the face of a prospective budget deficit.”

This marks a change from the city’s previous position that a pilot can only happen after a lengthy data analysis. Lewis, Herbold, and others on the council have argued that SPD is already not responding to low-risk Priority 3 and 4 calls, so it doesn’t take work away from officers to deploy unarmed responders to some of those calls.

Ruling Orders UW to Reinstate Police Patrols at Dorms, COVID Hits Home at SPD and City Hall

1. The state Public Employee Relations Commission, which arbitrates labor disputes within state agencies, reversed a decision that allowed unarmed “campus responders” to provide public safety services at University of Washington residence halls and ordered the UW to restore police patrols, represented by a different union, at the dorms. The ruling orders the UW to reassign campus cops to patrol its residence halls.

The university decided to eliminate armed dorm patrols in 2020 after protests against police violence prompted calls to divest from police across the city and nation.

The divided decision, signed by Commissioners Marilyn Sayan and Kenneth Pedersen, found that the university had failed to bargain in good faith with its campus police union when it eliminated unarmed patrols to the dorms in response to student demands for a “more holistic approach to public safety” in 2020. PubliCola broke the news about the latest PERC decision on Saturday, and covered the original decision, which was issued by a PERC examiner, last year.

The case centered on the question of whether the UW and its president, Ana Mari Cauce, had the authority to replace campus police with civilian responders without negotiating the change with the union representing the officers. The university argued that it had the authority to choose its own campus public safety model, without bargaining the changes with the union; the union argued that the issue was a matter of mandatory bargaining, and that the UW was “skimming” work away from the police department—effectively taking away an opportunity for officers to make money and giving it to new employees represented by a different union.

Although no campus police lost their jobs as the result of the shift in duties (the dissenting opinion by Commissioner Mark Busto notes that the police union “did not present evidence that the CPOs suffered any financial impact from the transfer, such as the loss of overtime”), the PERC ruling orders the UW to “make any eligible bargaining unit employees whole, with interest, by paying them wages and benefits lost as a result of the skimming found in this unfair labor practice complaint.”

2. In COVID news, PubliCola has heard from several sources that Seattle City Councilmember Sara Nelson recently had COVID but failed to inform her coworkers, including at least some council colleagues, about her diagnosis, as the city’s COVID protocols require for all city employees who work outside their homes. Nelson, who often appears on the council dais without a mask, did not respond to a request for comment.

Legislative staff routinely receive exposure notices from Human Resources when someone in their department tests positive and reports it to the city, but there have been significantly more informal reports of COVID than formal notices, meaning that others in the legislative department are not following the policy either. At least two other council members have had COVID, including Councilmember Tammy Morales, who mentioned her diagnosis in a recent public council meeting.

3. Additionally, Seattle Police Chief Adrian Diaz’ brother, acting Lieutenant Avery Jaycin Diaz, is on extended leave and reportedly plans to retire after refusing to get vaccinated, which SPD policy requires. Although neither SPD nor Chief Diaz would confirm that nonvaccination was the reason for his brother’s departure, an SPD spokesman did confirm that he has not been on active duty for some time. The spokesman said Avery Diaz had not submitted his official retirement paperwork as of mid-July.

PubliCola was unable to reach Avery Diaz, and the police chief declined to comment on the record about his brother’s departure. Property records show that he sold his house in August 2021.

As of mid-July, SPD had only fired four officers for refusing to comply with vaccine mandates, although some have retired or resigned inton lieu of termination. The department has lost around 400 officers since 2020, most due to resignations or retirements, and Mayor Bruce Harrell recently announced a $2 million “recruitment and retention” plan that would providing hiring bonuses of up to $30,000 to new SPD officers.

Harrell Shakes Up Top Staff, Police Accountability Office Clears Officers Accused of Extortion

NewPhoto of Deputy Mayor Greg Wong
Newly appointed Deputy Mayor Greg Wong

1. Last week, Mayor Bruce Harrell informed his cabinet that he had replaced Deputy Mayor for external relations Kendee Yamaguchi, the former executive director for Snohomish County, with Department of Neighborhoods director Greg Wong, a former Pacifica Law Group attorney who took over at DON in February. PubliCola broke the news of Yamaguchi’s departure, and Wong’s promotion, on Twitter Monday morning.

The mayor’s office did not respond to a question about the reason for Yamaguchi’s departure, and an email sent to her city of Seattle address bounced back with a message containing Wong’s contact information.

A press release set to go out today said simply, “Kendee Yamaguchi served an instrumental role during our transition to office and in our early efforts to establish sincere and enduring relationships with stakeholders, organizations, and local leaders,” said Mayor Harrell. “We are grateful for her service and wish her all the best in her future endeavors.”

Wong, who lives in southeast Seattle, was the head of the Schools First campaign for the Seattle school levy elections in 2013 and 2016. According to the mayor’s office, he will focus on economic development, community relations, and arts and culture.

2. The Office of Police Accountability declined to sustain, or uphold, any of ten separate allegations in a 2017 case in which two police officers accused another officer of running a “mini-mafia” to prevent new companies from entering the market for off-duty work. The two officers were the founders of called Cops for Hire, since rebranded as Blucadia, that also connects businesses with off-duty officers.

The OPA complaint, which attracted significant attention at the time, accused officers working for Seattle’s Finest, a security company started by a retired SPD officer, of colluding to increase the pay of off-duty officers by intimidating and extorting the companies that contract with the firm, including the owners of Columbia Tower downtown. The OPA wrapped up its investigation in October 2018 but did not release the summary of its findings until last week.

The investigation found that the officer expressed his frustration by commenting that he would put a person who worked at the company in a “carotid choke hold.” A separate, related case described an interview with the FBI in which the officer said he was “just joking around and was trying to get a rise out of his audience.”

Police officers can make thousands of dollars in additional income by taking off-duty jobs in security or directing traffic through companies like Seattle’s Finest and Seattle Security, which is affiliated with the Seattle Police Officers Guild.  In some cases, police are paid for a certain number of hours even if they work less—four hours, for example, for two hours’ actual work.

According to the investigation, the officer with Seattle’s Finest, identified by the Seattle Times as MacGregor Gordon, said one of the company’s bargaining tactics was to name a high price for their services, and then—if a building owner balked—withhold their work as parking garage flaggers and force the owners to bear the consequences until they finally gave up and paid the price Seattle’s Finest demanded.

Investigators said they were “hindered” in investigating the claims of extortion because the business owners “refused to discuss the matter unless OPA could guarantee full confidentiality

The investigation also found that Gordon expressed his “frustration with garage management’s attempts to modify his contract” by commenting that he would put a person who worked at the company in a “carotid choke hold.” A separate, related case described an interview with the FBI in which Gordon said he was “just joking around and was trying to get a rise out of his audience” with his inflammatory comments

Former police chief Kathleen O’Toole referred the case to the FBI, which decided not to prosecute. We have a call out to OPA for information about why it waited until now to release the summary of its investigation.