Category: public disclosure

Two Years On, the City’s Directory Is Still Unavailable—Except on PubliCola

By Erica C. Barnett

It’s been more than two years since former Seattle mayor Jenny Durkan’s administration removed the directory of city employees from the city’s publici website, and current Mayor Bruce Harrell has not restored it. The impact of this decision to make public information inaccessible to the public is that, more than ever, gatekeepers stand between ordinary Seattle residents and the information they’re seeking; unless you have special access to an insider, you’ll have to go through official channels to contact the person you’re looking for.

Seattle is virtually alone among major city governments in Washington State,in concealing employee contact information. In our region alone, the cities of Shoreline, Redmond, Issaquah, Bellevue, and many others—not to mention King County, which has more than 14,000 employees—offer public-facing employee directories. The state of Washington has its own public directory, with contact information for tens of thousands of state employees, from Accountancy to Workforce Training and Education.

By deleting, then failing to restore, its own directory, Washington’s biggest city has chosen to be an outlier—a decision made all the more glaring by city leaders’ frequent talk about “accessibility” and “transparency.”

When the city disappeared the directory, Durkan’s interim IT director (who still holds that position) suggested the deletion was the result of a software glitch that would be fixed soon, most likely by the end of 2021. Obviously, that never happened. A person seeking the city’s directory at its former location will find generic links to the websites for all city departments, plus separate, redundant links for two customer service offices that are on that first website. The page also includes a link to the city’s official media contacts and the city’s open data portal, which includes a database of 466 contacts in a single department—the Department of Construction and Inspections.

As we did last year, in the interest of actual transparency and accessibility, PubliCola is publishing a searchable database with contact information for all city employees, using records we received in response to our disclosure requests. (Apologies for the the weird url; Glitch, whose tools we used to create this database, currently isn’t allowing custom domains.) We’ll update this database later in the year.

Although this database duplicates much of what was in the official city directory, representing an accurate contact list for city employees as of late 2023, it does not provide a substitute for transparency from the city itself, which is ultimately responsible for providing this kind of basic information to its residents. the latest city directory in the interest of actual transparency and accessibility.

Firm That Evaluated Burien City Manager’s Performance Resigns, Saying Critical Report “Was Not Met With the Seriousness It Deserved”

Burien City Manager Adolfo Bailon

By Erica C. Barnett

A consulting firm that conducted a six-month performance evaluation for Burien City Manager Adolfo Bailon terminated its contract with the city in late December, telling city officials that continuing the contract would be “more detrimental than beneficial” to their reputation.

“We have observed that the initial evaluation conducted for the City Manager was not met with the seriousness it deserved by several key stakeholders, and unfortunately, we have concerns that constructive action was not taken in response to the feedback presented in the evaluation report,” the contractor, Ethan Nash of Nash Consulting, told Burien’s senior human resources manager, Connie Roberts, in an email. The city has not released the full evaluation, which was reportedly critical of Bailon’s performance.

A majority of the Burien council supported Bailon over the last year as he shot down efforts to stand up a homeless shelter on land owned by the city,  threatened legal action against a church that hosted homeless people on its property, and signed a no-bid contract for encampment removals with a controversial group that has no demonstrated track record or previous government contracts. Over the last year, Bailon also declined to share information about potential shelter solutions with the council and waited several days to share a time-sensitive email about a $1 million shelter offer from King County, leading some on the council to conclude he was withholding information deliberately.

Earlier this year, Burien resident Charles Schaefer—the former Burien Planning Commission chair the council removed from his position because he informed a group of displaced encampment residents about their legal right to sleep on city-owned property—requested all records summarizing the evaluation along with “council and staff feedback” on the evaluation. (After the city council ousted Schaefer, the entire Planning Commission resigned in protest).

In response to Schaefer’s request, the city provided a two-page summary written in August by then-mayor Sofia Aragon, which characterized Bailon’s performance as “mainly on track” and laid out six bullet-pointed goals. These included “institute quarterly Coffee with the City Manager meetings with various themes,” “present a realistic timeline for fiscal cliff measures, with staff input,” and two items related to “crisis communications.” The letter also says the city supports Bailon seeking a voluntary accreditation with the International City/County Management Association “to strengthen your skills in this role.”

In lieu of the council and staff feedback he requested, Schaefer received a list of exemptions to the state public disclosure act that, the city argued, rendered Bailon’s entire performance evaluation, including redacted or anonymized feedback from staff, categorically exempt from disclosure.

A state appeals court ruling found that a city manager’s position, specifically, is “not like that of other public employees” because the city manager functions as “the city’s chief executive officer, its leader, and a public figure.” In that case, the state appeals court found that the performance evaluation “was not exempt because it was of legitimate concern to the public.”

The exemptions the city claimed fell into two broad categories. First, the city said that every aspect of the evaluation itself was confidential and conducted in closed executive sessions, making any staff feedback, along with an evaluation worksheet exempt from disclosure. Second, the city claimed that disclosing any information about the evaluation would be “highly offensive” and an invasion of Bailon’s privacy, citing a 1993 case involving a school principal, in which a state appeals court ruled that performance evaluations are exempt from disclosure as long as they don’t include “specific instances of misconduct or public job performance.”

However, a subsequent court ruling involving a performance evaluation for the Spokane City Manager found that a city manager’s position, specifically, is “not like that of other public employees” because the city manager functions as “the city’s chief executive officer, its leader, and a public figure.” In that case, the state appeals court found that the performance evaluation “was not exempt because it was of legitimate concern to the public.”

In his letter ending the contract, Nash refers to a “recent Public Records Request” whose handling “raised concerns regarding our ability to guarantee the confidentiality of interviewees and survey participants. This situation has likely undermined the trust placed in our firm by those participating in the evaluation, thereby compromising the effectiveness of any future evaluations we might conduct.”

It’s unclear what records request Nash was referring to (including whether it was Schaefer’s); neither Nash nor a spokesperson for the city of Burien had responded to questions before this story posted. We’ve asked the city for more information about what “constructive action” the consultants recommended and will update this post if we hear back.

PubliCola has also requested a copy of Bailon’s full performance evaluation. Bailon’s initial base salary, according to the B-Town Blog, was $215,000. Previously, he was the town manager for Randolph, Vermont, a sleepy town that disbanded its police force in 2018. Prior to joining the city of Burien in 2022, he was up for similar positions in Grand Rapids, Michigan and Nogales, Arizona, where the city council decided not to hire him in November 2021.

No Charges Against Durkan and Best for Deleted Texts; Investigation Reveals Holes in City Records Retention Policies

Dan Clark, Mainstream Criminal Division Chief, King County Prosecutor’s Office

By Erica C. Barnett

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bill Would Expand Access to Fentanyl Testing, PubliCola Updates Seattle Employee Directory

Image source

1. As King County hit a demoralizing new record of 1,019 overdose deaths in 2022—a jump of nearly 30 percent over the previous year—a Republican state senator has introduced a bill that would make it easier to access test strips that can indicate the presence of fentanyl in drugs.

As PubliCola has reported, fentanyl is now the default opioid for drug users in King County, a trend that has driven the huge spike in overdoses. Even people who don’t seek out opioids can be at risk, because drugs like cocaine and methamphetamine can be contaminated with fentanyl. Test strips, which can detect the presence of fentanyl in a small amount of a drug, are an essential part of harm reduction efforts, but state law still classifies them as prohibited “drug paraphernalia,” limiting their availability.

Last year, GOP state senator Jim Honeyford, R-Sunnyside, filed a bill that would have changed that designation, but it died in committee. This session, Sen Ron Muzzall, R-Oak Harbor, reintroduced the legislation.

Muzzall told PubliCola that while substance abuse has always been an area of concern for him, it’s also a personal issue. Muzzall is friends with Skagit County Commissioner Lisa Janicki, whose son Patrick died of a fentanyl overdose in 2017 after becoming addicted to pain pills. Muzzall says he knew Janicki’s son and that his death made a deep impression. 

“When a mistake like that leads to having to bury your child.. . well, that emptiness never goes away,” Muzzall said. “And that was a tragedy that was brought about by a prescription of Oxycontin. The liability lies with the pharmaceutical industry that led up to that. And it’s just invading our communities.”

Janicki has been a vocal advocate for Attorney General Bob Ferguson’s successful lawsuit against opioid manufacturers, which will add $476 million to the state’s harm reduction and treatment efforts over the next 17 years. 

The fentanyl test strip bill is an essential part of those efforts, Muzzall said. “It’s just silly that we don’t make these as easily accessible as possible,” he said. “This bill will take the criminality out of providing them.”

Muzzall, who says fatal overdose is a behavioral and mental health crisis that will likely cost the state a billion dollars to address, is working alongside Democratic Sen. Annette Cleveland of Vancouver on a number of bills to address the issue, and hopes to successfully move the test strip bill through committee this time around.

“If an individual is compassionate, bipartisanship comes easily,” he said.

2. In 2021, then-mayor Jenny Durkan’s information technology department took the public-facing directory of city employees offline, removing a vital resource that allowed members of the public and journalists (as well as city of Seattle employees themselves) to contact people who work at the city. Public employees’ contact information is a matter of public record, and keeping this information secret violates a long tradition of transparency that persists in other government entities across the state, from King County to the entire State of Washington.

Durkan, who falsely claimed the directory would be online again in a matter of months, is no longer in office, but her successor, Bruce Harrell, has made no moves to restore this resource. The former city employee directory website is now a static page with links to a list of the city’s official media relations officers, the websites of various city departments, and the city’s data portal (which does not contain the directory).

Because we believe the city directory is a valuable public resource, PubliCola has taken it upon ourselves to maintain an updated database of city employees and their contact information ourselves. Here’s the latest searchable and downloadable version, with information current as of January 5, 2023. We will continue maintaining and updating this database until and unless the city of Seattle decides to put theirs back online.

—Andrew Engelson, Erica C. Barnett

Republican Proposes Map of Homeless People’s Tents; We’ve Updated Our City Directory!

1. When Mayor Bruce Harrell announced that he planned to include information about homeless encampments in a public-facing dashboard about the state of homelessness in Seattle, advocates worried that the website would include a map of existing encampments, endangering the privacy of unsheltered people and making them more vulnerable to vigilantes. The dashboard Harrell rolled out this week does not include this information; instead, a map shows encampments that have been removed along with the number of “verified” encampments in each neighborhood.

On Thursday, King County Councilmember (and Republican Congressional candidate) Reagan Dunn proposed legislation asking King County Executive Dow Constantine to direct the Sheriff’s Office, Department of Parks and Natural Resources, and Department of Community and Human Services to identify and map the locations of every encampment in the county, along with the approximate number of people living at each site—a proposal that would put a virtual target on the backs of thousands of homeless people around the county.

The bill also asks Constantine to “develop a comprehensive plan to remove homeless encampments for unincorporated King County” by this October.

During a media briefing on Thursday, King County Regional Homelessness Authority CEO Marc Dones said, “I do not and will not ever support the disclosure of information about where people are living or what the needs of those people are because that is protected information in a number of ways.”

The legislation—which, like Dunn’s vote against a resolution supporting abortion rights, serves largely as a statement of priorities for Dunn’s Congressional campaign, does not come with any cost estimate. The county, like the city of Seattle, is facing down significant budget shortfalls over the next few years. On Wednesday, county budget director Dwight Dively told a council committee that “right now, the [20]25-26 budget is horrendously out of balance.”

2. Earlier this year, responding to the Durkan Administration’s decision to permanently delete the city’s public-facing employee directory offline (a decision that has not been reversed by the Harrell administration), we created our own searchable city directory, with all the same public information that used to be available on the city’s website.

Now, we’ve updated and improved that original directory, adding more detailed contact information and consolidating the whole directory in one searchable database that includes phone and/or email contact information for every city employee. Continue reading “Republican Proposes Map of Homeless People’s Tents; We’ve Updated Our City Directory!”

Evening Fizz: County Picks New Oversight Director, Report Recommends Shifting Half of 911 Calls Away from Cops, City Directory Disappears

1. The Metropolitan King County Council voted 8-1 on Tuesday to appoint Tamer Abouzeid, a former investigator with Chicago’s Civilian Office of Police Accountability, to serve as the next permanent director of the county’s Office of Law Enforcement Oversight (OLEO), which oversees the King County Sheriff’s Office. The sole vote against Abouzeid’s appointment was from Councilmember Pete von Reichbauer, who represents Federal Way and Auburn.

Abouzeid was one of two finalists for the position; the other candidate, Eddie Aubrey, is the head of the oversight office for the Richmond, California police department. During his interview last week, Abouzeid described an eight-year plan to develop OLEO’s role as a “mini-think tank” on police reform and oversight, as well as a player in the county’s negotiations with law enforcement unions; at a previous community meeting, Abouzaid also expressed support for future state legislation that would restrict counties from adopting law enforcement union contracts that limit oversight.

Currently, Abouzeid works as a civil rights attorney with the Chicago office of the Council on American-Islamic Relations; he also briefly ran for a seat in the Illinois state senate in 2020, though he withdrew before the Democratic Party primary.

Current interim OLEO Director Adrienne Wat has led the office since last fall, when the council narrowly voted not to renew the contract of the last permanent director, Deborah Jacobs, after an independent investigation found Jacobs made a series of inappropriate remarks to her staff during her four-year tenure.

Both Jacobs and King County Police Officers’ Guild (KCPOG) President Mike Mansanarez later alleged that her ouster was partially engineered by Sheriff Mitzi Johanknecht. According to Mansanarez, the sheriff attempted to persuade Mansanarez’s union—which represents most sworn employees of the King County Sheriff’s Office—to agree to wear body-worn video cameras in exchange for removing Jacobs, who often clashed with both Johanknecht and the union. Johanknecht denies the allegations.

OLEO’s first director, Charles Gaither, also left the office in 2014 after conflicts with then-sheriff John Urquhart. Following his departure, Gaither received a $84,500 settlement from the county after alleging that sheriff’s office staff harassed him based on his race. Jacobs also filed a discrimination claim against the county after her departure last fall; that litigation is ongoing.

Abouzeid will take over in September, only months before the county’s contract with the KCPOG expires and before the sheriff becomes an appointed position—a shift that will almost certainly bring a new sheriff into office.

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2. A team of city employees assembled by Seattle Mayor Jenny Durkan last September presented a report to the city council’s public safety committee on Tuesday that proposed shifting up to 12 percent of the calls for service currently handled by the Seattle Police Department to other responders in the near future—roughly 48,000 calls a year, or six percent of SPD’s officer hours.

Mayoral staffer Chrissie Grover-Roybal told the council that a portion of the calls 911 dispatchers can shift to non-police responders in the short term are so-called “person down” calls, which involve someone who is either asleep or unconscious in public, and other low-level welfare checks that present relatively little risk to the responders. Last Friday, Durkan appeared alongside council member Lisa Herbold and the heads of the city’s public safety agencies to announce a proposal to create a new unit to handle those low-acuity crisis calls—a new Fire Department unit tentatively called “Triage One,” which could call for backup from other responders as needed. 

But on Tuesday, Herbold pointed out that Triage One, as currently proposed, would only handle a small fraction of the 48,000 calls that the team concluded do not require a police response. Julie Kline, the mayor’s senior public safety advisor, responded that the Triage One proposal will only be an early step in shifting low-level 911 calls away from police.

In the long term, the report suggests that alternative, non-police responders could eventually handle as many as half the calls to which police currently respond.

The team’s estimates relied heavily on an analysis of SPD’s calls for service by the Oakland-based National Institute for Criminal Justice Reform (NICJR). Researchers from the NICJR pointed to nearly 200 call types that could be low-acuity enough not to merit a police response; in their report, however, the interdepartmental team only proposed shifting 28 of those call types to non-police responders in the near future.

The team cast the proposals as an opportunity to transfer a portion of SPD’s workload to accommodate a smaller number of officers available to respond to emergency calls: since June 2020, more than 250 sworn officers have left SPD. “Offloading some of our service hours begins to make up for the people we’ve lost,” said Chris Fisher, SPD’s chief strategy officer.

3. The city of Seattle’s IT department quietly eliminated the online directory of city staffers that was the only place where members of the public (and journalists) could access contact information for the majority of people who work at the city. The public-facing directory was replaced last week with a 404 error page; it has since been updated with links to contact spokespeople for various departments, as well as the generic public-facing pages for each department. However, anyone who wants to contact a city staffer who is not a designated point of contact for the department won’t find that information on seattle.gov.

A spokesman for the mayor’s office provided a statement from the city’s interim Chief Technology Officer, Jim Loter, who said the directory had to be taken down “because the underlying application code, database, and server were beyond ‘end-of-life’ and could no longer be supported, secured, or maintained at current levels.” Loter said the city is currently working on a replacement system and hopes to have one in place by the end of the year.

“This was an unplanned change so it will take time for us to ramp up and staff a project team to finalize the specifications and develop the replacement solution,” Loter said, adding, “I completely understand that the removal of this service makes it more difficult to contact individual staff in the City. However, I assure you that the change was made solely due to operational reasons and not to intentionally obfuscate public information.”

Even if all goes smoothly and the city restores the directory before the end of the year (a big if), that will still mean almost half a year in which ordinary citizens and journalists lack access to this basic public information. No one should have to file a public records request—or convince a gatekeeper—to find out how to contact the right person at the city.