Category: public safety

Proposal to Trade Away Troubled Pioneer Square Park Questions About Park Access, Land Value

City Hall Park, fenced and closed
City Hall Park, a rare piece of green space in downtown Seattle, has been closed and fenced off since last year.

By Erica C. Barnett

King County and the city of Seattle are moving forward with a plan, negotiated under former mayor Jenny Durkan, for the city to trade City Hall Park in Pioneer Square for 12 smaller pieces of county-owned property around the city.

The park, which has been closed and fenced off since last year, was the site of a large encampment through much of 2021, prompting calls to remove the park from city control by King County officials and some superior court justices who work in the adjacent King County Courthouse. Although the park was neglected during the pandemic, pre-COVID efforts to “activate” the space had been largely successful, and the city had planned to spend hundreds of thousands of dollars expanding those programs before the pandemic began.

On Wednesday, the city council’s public assets and homelessness committee had its first discussion about the proposed land swap, which will also require the city to vacate (give or sell to the county) a short stretch of road that passes through the park.

Although the trade currently feels like a fait accompli—a spokesman for Mayor Bruce Harrell’s office said Harrell supports the trade as long as it includes a covenant that ensures the park remains a park “in perpetuity”—parks and Pioneer Square neighborhood advocates questioned whether trading the land to the county would actually accomplish the dual goal of improved public safety and open space for the neighborhood.

Rebecca Bear, president of the Seattle Parks Foundation, called City Hall Park a “complex” location with “a lot of issues,” but told council members that “closing off the park and even transferring the park to another jurisdiction is not going to solve that problem.” For hundreds of low-income people living in the area, the park serves as an important green space in a highly urban area—or did, before it was fenced off last year. “The park does need love now while this process is going on, and so I’d encourage you all to you know, work with the [county] to see if there’s a way we can get the park open and activated before any land transfers happen,” Bear said.

Parcels King County has proposed transferring to the city in exchange for City Hall Park include a 2,300-foot wedge of the Cheasty Greenspace overlooking Columbian Way S; a 251-square-foot fragment of the Duwamish Greenspace overlooking I-5 ; and a 291-square-foot triangle near the Admiral District in West Seattle.

Legislation adopted by the King County Council last year says the deed for the land swap will include a covenant guaranteeing that the land “shall continue to be used for public open space, a park, a recreation and community facility, the expansion of existing County facilities, or other public benefit purpose, provided that any such purpose shall be for use by the general public and primarily noncommercial in nature.”

King County external relations director Calli Knight told the council that placing covenant on the land would “make it clear that it is going to be substantially used in perpetuity for open space, with the nuance that we really would like to look at opening the historic south entrance of the park”—the historic front entrance of the courthouse, which was reoriented to face Third Avenue in the 1960s.

Representatives from the county noted that the city and county previously agreed to a land swap based on acreage, rather than land value, since the fair-market value of City Hall Park would be in the tens of millions if it could be developed as high-rise housing or office space. “We settled upon a an area negotiation because … the location of the park, if it was unrestricted property, would render that completely outside the scale, which is one of the reasons we also have about three times as much property being conveyed in terms of area,” King County Facilities Management Division Tony Wright told the council.

Initiative 42, passed in 1997, says that if the city wants to trade away park land, it must “receive in exchange land or a facility of equivalent or better size, value, location and usefulness in the vicinity, serving the same community and the same park purposes.”

Collectively, the 12 parcels represent more square footage (1.33 acres) than City Hall Park, which is just over half an acre, but many are tiny triangles or squares contiguous to or across the street from city-owned property. But some council members wondered if the city is getting a fair deal out of the proposed land swap. “Many of these [parcels] are really small—you know, there’s a couple that are less than 300 square feet,” Councilmember Tammy Morales noted Wednesday. “I’m not sure what the city’s gain would be in terms of being able to use these parcels.”

In addition to the park, the county is asking the city to vacate a public street, allowing the county to use that space for another purpose, for free—a departure from previous policy. For example, when the city vacated streets on First Hill to allow expansion of the Harborview Medical Center, the county paid for the land, Lewis said.

The land transfer can’t move forward without city council approval and analysis under the State Environmental Policy Act, from which the Durkan administration argued the land swap was exempt. Committee chair Andrew Lewis told PubliCola he and other council members have a number of outstanding questions about the land swap, including the street vacation, which amounts to as much city-owned property as the park itself.

“I don’t think any of us particularly feel bound by whatever secretive process the Durkan administration engaged in” with the county, Lewis said, “because it was not one the council was privy to. The council started our process yesterday, and I don’t, frankly, feel bound by any concession the Durkan Administration made. We’re going to look at this from top to bottom.”

Pending Sweep Defies “New Approach to Encampments” Narrative, Ann Davison Names Top Staff, and More

1. On Monday, December 20, the city will remove a large RV and tent encampment along West Green Lake Way North, close to the lawn bowling area of Lower Woodland Park. Notice for the removal went up on Thursday and the city’s HOPE team—a group of city employees that does outreach to encampment residents in the immediate runup to a sweep—began its usual pre-sweep process of offering shelter beds to the people living there earlier this week. 

According to outreach workers in the area, most of the RV residents plan to move their vehicles about a block, to an area of Upper Woodland Park where the city has indicated they will not remove tents and RVs until next month. 

The encampment, which has persisted for many months, was the backdrop for a pre-election press conference by then-candidate Bruce Harrell, who said that if he was elected mayor, he would have the authority to “direct mental health counselors and housing advocates down here [and] bring down individualized case management experts” to find shelter or housing for the people living at the site.

Last week, City Councilmember Dan Strauss said the city planned to expand the “new, person-centered approach” used to shelter people living at the Ballard Commons into other encampments in his North Seattle district, including Lower Woodland Park. Outreach workers say that what they’ve seen instead is a business-as-usual approach that consists of putting up “no parking” signs and notices that encampment residents have 72 hours to leave.

“Every single one of these people was swept from another site, and I know that most of these people have been swept over and over.”

As PubliCola noted (and Strauss acknowledged) last week, the approach the city took at the Ballard Commons was successful thanks to an unusual flood of new openings in tiny house villages and a former hotel turned into housing in North Seattle, making it possible for outreach workers to offer something better than a basic shelter bed to nearly everyone living on site. Now that those beds are mostly full, the Human Services Department’s HOPE Team is back to offering whatever shelter beds happen to become available, including beds at shelters that offer less privacy, require gender segregation, or are located far away from the community where an encampment is located.

PubliCola contacted the Human Services Department on Friday and will update this post with any additional information we receive about the encampment removal.

Jenn Adams, a member of a team of RV outreach workers called the Scofflaw Mitigation Team, said the people living in RVs in Lower Woodland Park ended up there after being chased from someplace else. “Every single one of these people was swept from another site, and I know that most of these people have been swept over and over,” Adams said. She estimates that between 25 and 30 people will have to move when the city comes through to enforce its no-parking signs on Monday.

2. City attorney-elect Ann Davison announced two key members of her administration on Thursday. Scott Lindsay, a controversial 2017 city attorney candidate who authored an infamous report that became the basis for KOMO TV’s “Seattle Is Dying” broadcast, will be deputy city attorney. Although Lindsay, who advised Davison on her campaign, was widely expected to receive a prominent role in her office, his appointment was met with groans from allies of former city attorney Pete Holmes, who defeated Lindsay four years ago by a 51-point margin.

Lindsay has a scant record, including virtually no courtroom experience. He also tried and failed to get the job Davison won, making him a deputy who considers himself fully qualified for his boss’s position.

Lindsay’s views on crime and punishment (in brief: More punishment equals less crime) are largely in line with statements Davison, a Republican, has made during all three of her recent runs for office. As public safety advisor to Ed Murray, Lindsay was the architect of the “nine-and-a-half-block strategy” to crack down on low-level drug crime downtown; he also came up with the idea for the Navigation Team, a group of police and outreach workers who conducted encampment sweeps. (The HOPE Team is basically the Navigation Team, minus the police.) Lindsay has a scant record, including virtually no courtroom experience. Importantly, he also tried and failed to get the job Davison won, making him a deputy who considers himself fully qualified for his boss’s position.

In contrast, Davison’s pick for criminal division chief, former King County deputy prosecuting attorney Natalie Walton-Anderson, prompted sighs of relief among advocates for criminal justice reform. As the prosecuting attorney’s liaison to the Law Enforcement Assisted Diversion program, Walton-Anderson “was instrumental in the success of the LEAD program for many years,” prosecuting attorney Dan Satterberg said in a statement. LEAD provides alternatives to prosecution for people engaged in low-level nonviolent criminal activity.

To emphasize the point, Satterberg’s office distributed an email chief deputy prosecuting attorney Daniel Clark sent around to the criminal division on Walton-Anderson’s last day earlier this year, when she left the office to join the US Attorney’s office earlier this year. In the memo, Clark called Walton-Anderson “braver, smarter, wittier, wiser, and savvier than anyone can convey in an email. And her impact on our community, our office and on the many people whose lives she has touched along the way is far greater than I can write.”

LEAD program director Tiarra Dearbone told PubliCola Walton-Anderson “has shown that prosecutors can make discretionary and creative decisions that support community based care and trauma informed recovery. She has made herself available to others across the nation who are trying to stand up alternative programs that create community safety and well-being. This is a really hopeful development.”

Davison’s announcement includes no testimonials on Lindsay’s behalf. According to the press release, Lindsay will work to “coordinate public safety strategies in neighborhoods across the city.”

3. Former City Budget Office director Ben Noble—whose departure announcement we covered last week—is staying on at the city, but moving from the CBO (an independent office that works closely with the mayor to come up with revenue forecasts and budget proposals to present to the council) to be the first director of the new Office of Economic and Revenue Forecasts, which will answer to a four-person body made up of two council members, the mayor, and the city finance director. Continue reading “Pending Sweep Defies “New Approach to Encampments” Narrative, Ann Davison Names Top Staff, and More”

Council Tries to Protect Diversion Programs, ICE Contractor Ordered to Pay Minimum Wage, SPD Will Phase Out Minor Traffic Stops

1. For at least the past decade, the Seattle city attorney’s office has worked to replace punitive criminal-justice approaches with programs designed to reduce recidivism without involving police and jails. The office launched pre-filing diversion programs; supported an intervention program for domestic batterers; and took part in the launch of a new community court in 2020. The office still prosecutes misdemeanors—assault, theft and trespassing remain among the most common charges—but outgoing City Attorney Pete Holmes frequently argues that Seattle’s public safety problems can’t be solved with jail time alone.

All of those new additions to the office’s workload are discretionary. A future city attorney could decide to repurpose all or some of the money that currently supports diversion programs and ramp up criminal prosecutions, for example. Ann Davison, a Republican who could become the next city attorney, seems poised to do something along those lines. In Davison’s view, Holmes has failed to adequately pursue misdemeanor charges for “quality of life” crimes like property destruction and shoplifting.

The prospect of an incoming city attorney who might cast aside years of reforms prompted some members of the Seattle City Council, which has supported the office’s diversion programs since 2017, to consider setting some of those reforms in stone.

On Wednesday, council president Lorena González proposed restricting almost $2 million of the city attorney’s 2022 budget so that it can only pay for diversion programs.  Her amendment notes that the council is also working on legislation that would make diversion a permanent duty of the city attorney’s office, in an attempt to deter future city attorneys from discontinuing these programs. That bill will likely go before the council in December.

On Wednesday, council president Lorena González proposed restricting almost $2 million of the city attorney’s 2022 budget so that it can only pay for diversion programs

Public safety committee chair Lisa Herbold introduced her own amendment to add four new positions to the city attorney’s diversion team, to support LEAD and other pre-filing diversion programs run by Choose 180, Gay City, and Legacy of Equality, Leadership, and Organizing (LELO).

While a future city attorney could sidestep the proposed proviso by simply not spending the dollars earmarked for diversion, failing to spend money allocated for a specific purpose comes with some political risk. Another looming risk for the city attorney’s office—the departure of staff from its civil division, which works with the council to develop new policies, in response to the change in leadership—is out of the council’s control.

Despite the obvious allusions to Tuesday’s election, no council member mentioned Davison by name.

2. A federal jury determined on Wednesday that the for-profit firm that operates the Northwest ICE Processing Center in Tacoma violates Washington’s minimum wage laws by paying detainees only $1 per day for their labor. The jury also ruled that the Florida-based GEO Group Inc., one of the largest private prison and immigrant detention center operators in the country, will need to pay all workers the state’s $13.69 hourly minimum wage, or more, immediately.

Next, U.S District Court Judge Robert Bryan will decide how much the company profited from more than a decade of underpaying detainees to perform most non-security labor in the detention center. Attorney General Bob Ferguson is requesting that the court order GEO to reimburse detainee workers for years of underpaid wages, as are a group of private plaintiffs in a separate class action lawsuit.

During the two-and-a-half-week trial, several former and current staff at the detention center said GEO also replaced civilian workers with detainees to cut costs; Ferguson also asked the court to require GEO to reimburse civilian workers for wages they lost when they were replaced by detainees.

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The ruling comes four years after Ferguson initially sued GEO for minimum wage violations. In that time, detainees at the facility have held multiple protests and hunger strikes to raise concerns about overcrowding, inadequate meals, and a lack of access to medical care.

GEO has owned and operated the facility—the fourth-largest of its kind in the country—since 2005, but when the company’s current contract expires in 2025, the facility will likely close because of a new law, signed by Gov. Jay Inslee this past spring, banning most private detention facilities. GEO is currently challenging that law in federal district court, arguing that it undercuts the federal government’s authority to detain immigrants and that the closure would mean moving hundreds of detainees far away from their families and attorneys.

The nearest detention facility that can hold ICE detainees is a jail in Yuba County, California, which can hold up to 220 people for ICE.

Though the ramifications of Wednesday’s ruling are tremendous for current and former detainees at the Northwest detention center—according to earlier estimates by GEO, the center generated some $57 million in annual profits—those ramifications won’t extend to the much larger incarcerated workforce in Washington State’s prisons, Ferguson spokeswoman Brionna Aho said. Nearly 2,000 people in state custody produce furniture and medical gowns, cook and package meals, and clear trails, among other jobs; after the state deducts victim compensation, incarceration costs, and other fees, inmate workers earn far less than minimum wage.

3. In a memo to the city council and Mayor Jenny Durkan’s office last week, Seattle Police Chief Adrian Diaz endorsed a plan to phase out traffic stops for minor infractions by the end of the year.

The memo comes five months after Seattle Inspector General Lisa Judge, who co-signed the letter, asked SPD to bring an end to traffic stops for infractions that, unlike DUI or reckless driving, do not endanger the public. Continue reading “Council Tries to Protect Diversion Programs, ICE Contractor Ordered to Pay Minimum Wage, SPD Will Phase Out Minor Traffic Stops”

Mayoral Candidates Spar on Public Safety, Being “From Here”; Anti-Vax SPD Exodus Averted

1. Seattle Mayoral candidates Lorena González and Bruce Harrell faced off once again on Sunday during a public safety-focused forum hosted by the ACLU of Washington and moderated by Sean Goode, the director of the Seattle-area youth diversion nonprofit Choose 180.

The forum was a chance for the two candidates to get into the weeds on issues like police oversight, union contracts, and the logistics of civilian emergency response.

But anyone looking for detailed, specific responses to questions about these issues—not to mention the city’s use of the King County Jail, plans to increase or decrease SPD funding, and under what circumstances police should use lethal force—might have come away disappointed.

During this and earlier debates, Harrell pointed out that he sponsored a 2017 ordinance requiring officers to undergo anti-bias training. González, who voted for the legislation, said that “passing the ordinance didn’t result in a less biased police force,”

Still, the forum did highlight significant differences between the candidates’ overall approach to public safety and policing, and their level of comfort grappling with thorny issues like police defunding. While Harrell has said he would hire more officers and González has said she would cut the size of the force, neither gave many specifics about how they would reach those goals.

González said she has no interest in a “carte blanche increase in SPD’s budget,” adding that her plans for funding alternatives to police aren’t about “hiring more officers of a different kind”—a slap at Harrell’s statement that he would “build a new kind of officer” at SPD and field new teams of unarmed officers, similar to SPD’s existing Community Service Officers.

Both candidates said they would support additional officer training—in González’ case, “increased training around deescalation to prevent violence in the first place,” and in Harrell’s,  “extensive retraining” to “change the culture in the police department.” González described Harrell’s training plan as “having officers watch a video of George Floyd’s murder and sign a pledge to do better”—a reference to his campaign promise to ask “every sworn police officer in Seattle to watch the 8 minutes and 46 seconds of George Floyd’s murder in Minneapolis and voluntarily sign an open letter stating: The Inhumane Treatment of Fellow Human Beings Will Not Be Tolerated In Seattle.”

Harrell seemed to suggest that because he grew up in Seattle (unlike González, whose parents were migrant farmworkers in Eastern Washington), and because he has Black sons (González has a mixed-race daughter), he has “skin in the game” that his opponent lacks.

Harrell’s belief in anti-bias training runs deep—during this and earlier debates, he pointed out that he sponsored a 2017 ordinance requiring officers to undergo the training. The law, he said, also required the collection of data on showing “who was stopped, who was frisked, who gets tickets, [and] if there’s racial profiling occurring.” González, who voted for the legislation, said that “passing the ordinance didn’t result in a less biased police force,” and argued for shifting funds toward alternatives she argued will lead to “true community safety,” like programs that focus on early intervention, youth employment, and neighborhood economic development.

The two also differed strongly on whether the consent decree—a decade-old agreement between Seattle and the US Department of Justice that places a federal judge in charge of overseeing reforms to SPD—is an “obstacle” for elected officials trying to divert money from the police department to alternative public safety programs.

From González’ perspective, the federal court’s oversight has become more onerous and less useful. “The city is now required to send most of our police budget changes to the court for approval, and I don’t believe that’s what the consent decree was originally intended to do,” she said. Harrell initially offered a one-word answer to Goode’s question about the consent decree—”nope”—but when pressed to elaborate, he commented that he doesn’t “see it as a barrier or a strength—it’s just the letter of the law.”

2. Harrell began the virtual forum by showing viewers a black-and-white photo of his childhood baseball team, saying, “These men… are the fathers and mentors of the Black community.” He followed up during the forum with two more photos—one of himself and his friends in college, including one who “became a Seahawk,” and one of his father “in the 1960s, when I was born right here in Seattle.”

In several instances, Harrell seemed to suggest that because he grew up in Seattle (unlike González, whose parents were migrant farmworkers in Eastern Washington), and because he has Black sons (González has a mixed-race daughter), he has “skin in the game” that his opponent lacks. “While I appreciate my opponent’s answer, this is this is personal for me and my family. I have two Black sons that have been in the city their entire life. And so when I hear this information [about police brutality], it is not anecdotal for me.”

González didn’t counter this suggestion directly, but pointed to her work as a civil rights lawyer working on behalf of victims of police violence and the fact that “I have lost family to police violence. … And I want to work towards having a city [where] parents don’t have to fear if their black or brown babies are going to come home tonight.”

2. As of Monday, only about two dozen SPD employees had not turned in proof that they are fully vaccinated, indicating that most of the 140 holdouts left on Friday were making a point. Continue reading “Mayoral Candidates Spar on Public Safety, Being “From Here”; Anti-Vax SPD Exodus Averted”

PubliCola Questions: Nicole Thomas-Kennedy

Credit: Nicole Thomas-Kennedy campaign website

By Erica C. Barnett

When public defender Nicole Thomas-Kennedy decided to run for city attorney in May, it was a spur-of-the-moment decision, one fueled by her frustration that there were no candidates in the race who believed that the current criminal legal system is not just flawed but broken.

Thomas-Kennedy didn’t expect to end up with more votes than incumbent Pete Holmes, or that she’d be facing off against Ann Davison, a three-time candidate who joined the Republican Party during the Trump administration and whose spotty record as an attorney dried up around 2010. Davison ran for lieutenant governor on the Republican ticket, led by far-right conspiracy theorist and gubernatorial candidate Loren Culp, in 2020, after running for Seattle City Council the previous year with a platform that included plans to confine unhoused people in large warehouses.

Now, the unabashed abolitionist—Thomas-Kennedy argues that we can eliminate the need for police and prisons by “developing programs and support systems for our communities to decrease the need for police”— is in the spotlight. Critics, including some former elected officials and the Seattle Times’ ill-informed editorial board, have created a cartoon version of the candidate, claiming she wants to unlock jail doors and end all criminal prosecutions. Cable news, social media, and—again—the Seattle Times’ ill-informed editorial board have also shown an almost pathological obsession with tweets Thomas-Kennedy posted during the Black Lives Matter protests last summer, turning them into endless #content while soft-pedaling Davison’s hard-right views and her lack of qualifications.

The tweets, which cheered property destruction and violence against cops, look bad when taken out of the larger context in which they were posted (the 2020 protests against police violence; Twitter) and splashed across cable-news websites and Facebook feeds; if they were someone’s campaign platform, they would be disqualifying. But they aren’t a political platform; they’re tweets —tweets expressing a growing mainstream consensus in the summer of 2020 that the criminal justice system was beyond repair.

Nonetheless, the tweets seem to be all anybody wants to talk about. That’s a shame, because Thomas-Kennedy’s plan for the Seattle City Attorney’s Office is far more nuanced and thoughtful than the hysterical headlines suggest. Those who say they disagree with her ideas should be willing to actually listen to what they are.

PubliCola sat down with Thomas-Kennedy last week. We talked briefly about the tweets before jumping into her plans for the city attorney’s office, what it means to stop prosecuting misdemeanors, and how she would defend legislation that she personally finds abhorrent.

PubliCola: Can you tell me a bit about where your mind was at when you were posting on Twitter in June 2020? I know was a time of really heightened emotions.

Nicole Thomas-Kennedy: I was outraged. People went out to protest racist policing and the Seattle Police Department responded with a level of retaliation that I was not expecting, including tear-gassing the neighborhood I live in 11 times. And, you know, I had to buy a gas mask for my nine-year-old daughter. And, yeah, I was really upset, and I feel like I had every right to be. They’re not private citizens, they’re out here as a group, making these decisions that affect other people—that kill people. I remember the guy that called into the city council meeting saying, “My infant was foaming at the mouth from tear gas,” and it kept happening. So that’s kind of where my head was.

PC: What has the fallout been like for you in the campaign and how has it impacted your ability to focus on the issues in your race?

NTK: Initially, we were just like, “This is dumb.” Like, let’s not give any heat to this. But it’s just being pushed so heavily now that I have had to address it in the media, which to me is just an utter waste of time. Because my opponent is so deeply unqualified for this role and doesn’t understand what the job is. And my platform is backed by evidence, by stuff that’s happened in other places that have shown to be effective. We’re all, I think, pretty aware of the fact that mass incarceration is a failed social experiment. And we are not the safest country in the world even though we lock up the most people.

“At the end of the day, the job is to be the defender for the city of Seattle. And so if there are elected officials that make these crappy laws, I don’t really get to say, ‘I don’t want to do that.'”

I’m here to make things better. And if people have to hate me for it, then I’m fine with that. And  the unfortunate thing about the tweets is that it gave [Davison’s supporters] something to distract with. I think that’s the worst part, because I do think that my knowledge, my plan is very tight. I’m specific about what I’m going to do. I know what needs to happen, and it’s really hard to speak back to that. I mean, my opponent really doesn’t talk in specifics, ever.

PC: If you win, what are your top priorities for your first weeks and months in office? Do you plan to shake things up at the office itself?

NTK: I’m going to leave the civil division largely as it is. I do think Pete was doing a great job in the civil division defending the JumpStart tax and [prosecuting] the lawsuits against Monsanto over polluting the Duwamish. I would like to call in a couple progressive, more aggressive lawyers over there. But I don’t intend to make huge changes over there because it is working.

In the criminal division, I’m going to come in with my policies laid out: This is how they’re going to be implemented, this is how we’re going to do things from now on. There’s a huge backlog of cases, which is I think a great opportunity to really turn the corner with how we’re doing things, prosecution-wise.

I anticipate having maybe one or two more attorneys making the direct decisions about which cases to file, because my policy on filing is going to be much more nuanced. It’s not just going to be like a prosecute-or-not type situation. And then also, what can we do to make sure [unnecessary prosecutions aren’t] happening again moving forward? Because, you know, putting somebody to jail for sleeping under an awning doesn’t make them less likely to need to sleep under an awning.

PC: Are you concerned that there’s going to be a brain drain, either on the civil or the side? A lot of people who have worked for Pete for a long time are leaving, because they have concerns if you win, and they have concerns if Ann wins.

NTK: On the civil side, I think that’s a much bigger danger, just because there is a lot of institutional knowledge there. So one of the responsibilities that I will have going in, if I get elected, is to start talking to people in the civil division and letting them know that I want the work that they’re doing to continue and to see if they will stay under me.

In the criminal division, I’m not so concerned about that because there is no shortage of lawyers that want to do things the way that I am proposing. And because it is pretty different than what they’re doing now, I do anticipate a lot of people leaving. But there’s a lot of lawyers in this town that have reached out to me that would want to work in that division.

PC: If you have a mayor and potentially a city council who are proposing and passing laws that you personally consider abhorrent, are you going to be able to defend those laws, or would you feel the need to farm that work out to private attorneys?

NTK: I think that the city attorney has to work with the council and the mayor to craft defensible legislation and defensible policy. So that would be the role of the city attorney—not necessarily directing where policy should go or how it should go, but really making it as defensible as possible.

PC: What if someone living in their car sued to strike down the law requiring people to move their vehicles every 72 hours and you had to defend that law. How would you go about doing that?

NTK: Unfortunately, I think that’s part of the job. I was a public defender, and I did not agree with everything that my clients were accusing doing, yet I was their defense attorney. I don’t see it as any different than that. At the end of the day, the job is to be the defender for the city of Seattle. And so if there are elected officials that make these crappy laws, I don’t really get to say, “I don’t want to do that.”

“The goal is to end misdemeanor prosecution. Do I think that I can get there in four years? I don’t know. I don’t know if it can happen in eight, 12 years. But that is the goal, because ultimately what we know is a lot of the prosecutions don’t result in actual repair or safety.”

I do think that a bigger issue is implementation. So when it comes to the criminal realm, it’s not like a prosecutor files every time a law is broken. We know that only some people are criminalized. There is a recognition within the criminal system that it would be impossible to prosecute every single person for everything. So I would have to probably defend the legitimacy of the law, but if it’s a criminal matter, that doesn’t mean it has to be enforced.

PC: On the flip side, the city attorney can push an agenda from within their limited scope, and they can help the mayor and the council draft laws that reflect the city’s values. What kind of legislation would you be excited to work on and defend?

NTK: I’m really excited to defend the JumpStart tax and fair housing—all of our tenant protections. I’m really excited about that, which why I think the developers are really angry at me. Any sort of progressive revenue would be the thing that I would be most excited about, along with anything related to climate change. I think those two things are really intertwined in a lot of ways, because climate change is here, and we’re going to need revenue to deal with and to survive this crisis.

PC: How would you approach criminal prosecutions against people accused of misdemeanors? Is your plan to stop prosecuting certain laws on day one, and how realistic is that, given how slow the city has been to fund things like alternatives to arrest and prosecution?

NTK: The goal is to end misdemeanor prosecution. Do I think that I can get there in four years? I don’t know. I don’t know if it can happen in eight, 12 years. But that is the goal, because ultimately what we know is a lot of the prosecutions don’t result in actual repair or safety. I mean, prostitution—I’m never, ever going to prosecute that. Drug possession—not gonna prosecute that either. But for most things, it’s going to take a really nuanced approach to see what is really going on. Sometimes people think of criminal cases as if they’re really this very straightforward thing, and it never, ever is. And so that’s why I’m really hesitant to say that there are specific crimes that I wouldn’t prosecute, because there’s always going to be some weird fact pattern out there. Continue reading “PubliCola Questions: Nicole Thomas-Kennedy”

Last-Minute Push for SPD Hiring Incentives Fails, Feds Impose New Rules on Consent Decree Monitors

1. The City Council voted on Monday to shore up several of its own priorities for rethinking public safety using $15 million in savings from salaries left unspent by the Seattle Police Department after another year of abnormally high attrition.

The council left almost two-thirds of the $15 million in the department’s budget, allowing SPD to cover the costs of downsizing—updates to timekeeping software to help deploy a smaller number of officers more efficiently, for example. Additionally, the council lifted a trio of provisos on the department’s budget, releasing roughly $8 million for the department to use as it wants.

Of the $5.2 million the council shifted out of SPD’s budget, $3 million will go to the Human Services Department to fund grants to nonprofits specializing in alternatives to policing. The council set aside another $700,000 to stand up a new civilian crisis response unit tentatively called Triage One.

SPD’s staffing crisis loomed over Monday’s budget vote, as highlighted by a pair of unsuccessful amendments introduced by Councilmember Alex Pedersen that laid out two options for scaling up the department’s recruitment and retention efforts. The more ambitious of the two would have set aside nearly $2.8 million for SPD to develop a loosely defined “retention program,” as well as $233,000 to offer hiring incentives to officers who join SPD—as much as $15,000 for officers who transfer from other agencies. To cover the cost, Pedersen proposed completely abandoning the plan to shift a portion of SPD’s salary savings to HSD; in a blog post on Friday, Pedersen wrote that “funding for those other programs can be extended at a later date, but we have a SPD staffing crisis today.”

A second, scaled-down proposal would have set aside nearly $900,000 for retention while leaving the amount earmarked for hiring incentives unchanged; the latter plan would have left the HSD dollars untouched, instead drawing from still-unassigned dollars in SPD’s budget to pay for overtime.

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Ahead of Monday’s meeting, both Mayor Jenny Durkan and Interim SPD Chief Adrian Diaz urged the council to support one of Pedersen’s amendments, casting the proposals as a vital intervention for a department in a downward spiral. “As a City, we need to address the real hiring and retention challenges at the Seattle Police Department,” Durkan wrote. “It’s a false choice to invest in alternatives or hire and retain officers to meet our current 911 response.”

But neither option found enough traction to move ahead on Monday. Council budget chair Teresa Mosqueda argued that scaling up civilian crisis response units should take priority over the police department’s retention and recruitment woes, while Councilmember Lisa Herbold noted that SPD is not the only city department grappling with a staffing shortage. “If we’re going to focus on recruitment, I think we need to think about vacancies across all departments,” Herbold said.

“Having a fair, accountable, cost-effective contract is the most sustainable path to save money for alternatives and to hire some officers to replace those who left.”— City Councilmember Alex Pederesen

Councilmember Andrew Lewis voted for Pedersen’s less-ambitious amendment, which failed on a 5-4 vote, citing the short-term need to stem SPD’s losses while civilian emergency responders build their capacity. “Right now, the only service that is to scale and that can provide exigent first response is our police department,” he said.

In an email to PubliCola Monday, Pedersen said his amendments were intended as emergency measures, not repudiations of the council’s plans to downsize the role of SPD. “It’s all about timing the investments based on the immediate needs,” he said. “We have already set aside tens of millions for additional upstream human services investments, which I also support.”

Pedersen added that the upcoming contract negotiations with the Seattle Police Officers Guild (SPOG) could help reduce SPD’s staffing costs by reining in expenses written into the most recent contract, which expired at the end of 2020. “Having a fair, accountable, cost-effective contract is the most sustainable path to save money for alternatives and to hire some officers to replace those who left,” he said.

2. Upcoming changes to the Department of Justice’s rules for court-appointed consent decree monitors are unlikely to impact Seattle’s own agreement with the police department, according to Emily Langlie, a spokesperson for the US Attorney for the Western District of Washington, because they only apply to new consent decrees.

Since 2012, the Seattle Police Department has operated under a consent degree—an agreement that the department will adopt reforms to address its history of racially biased policing and use of excessive force—administered by the Department of Justice and overseen by a monitor appointed by US District Court Judge James Robart. The proposed changes are an attempt to reform the monitoring system to avoid the appearance of conflicts of interest or financial improprieties. Continue reading “Last-Minute Push for SPD Hiring Incentives Fails, Feds Impose New Rules on Consent Decree Monitors”

County Hires New Cop Recruiter; Deputy Mayor Moves On; Calls for Park Sweep Increase After Unrelated Attack

Seattle - City Hall Park & King County Courthouse 05
Joe Mabel, CC BY-SA 4.0 via Wikimedia Commons

1. The King County Council added $248,000 to the county’s budget last week to hire a new recruiter for the King County Sheriff’s office in response to two years of unusually high attrition. The council eliminated the position last year.

In the past two years, the sheriff’s office has seen roughly 15 percent of its sworn officers resign or retire. Fifty deputies have resigned from the department in 2021, setting the county on pace to surpass the 69 deputies who left in 2020. Last year’s attritions marked a 42 percent increase from 2019. “Because these aren’t vacancies we planned for,” council president Claudia Balducci said, the sheriff’s office should be able to restore its ranks while the county considers whether to downsize the office in the future.

The council’s 2021-2022 budget included funding for 41 sworn positions in the sheriff’s office that are currently unfilled, but few qualified candidates have applied for those positions. Of the 351 applicants to entry-level positions in the sheriff’s office since January, only 79 have met basic hiring criteria, including a clean criminal record and bill of health.

But not every member of the council thought that funding the recruiter position should be a priority for the council. Councilmember Dave Upthegrove, who represents South King County, cautioned his colleagues against dipping into the county’s general fund until the council can look at its budget with fresh eyes after American Rescue Plan Act dollars dry up. “If I looked all around county government looking for one more position we could fund,” he said, “it wouldn’t be this one.” Upthegrove, along with council members Joe McDermott, Rod Dembowski and Girmay Zahilay, voted against funding the position.

In the same meeting, the council also voted to set aside $5.6 million to provide refunds for King County residents who have paid legal financial obligations for drug possession convictions that the Washington State Supreme Court rendered void with the landmark Blake decision in February. The state will reimburse counties for any spending on Blake-related refunds.

2. In response to complaints about public safety at the downtown King County Courthouse—including, most recently, an attempted sexual assault inside the courthouse itself—the city is reportedly planning to remove an encampment in City Hall Park next door. A sweep could happen as early as this week. Although the alleged courthouse assailant has no known connections to the park, King County Councilmember Reagan Dunn and other officials have made the connection; in a statement about the attack last week, Dunn called for “the immediate closure of City Hall Park and the danger it poses to our employee[s], residents, and the community.”

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REACH has been doing outreach in the park for the past several weeks, with the goal of moving people from encampments into hotels through JustCARE, a program that provides hotel rooms, case management, and services to people living unsheltered in Pioneer Square and the International District. Last week, the city signed a contract with the JustCARE alliance to fund 89 more JustCARE slots, which the PDA had hoped to use to shelter the people living in the park.

In a statement Sunday, the alliance, which includes the Public Defender Association, the Urban League, and the Asian Counseling and Referral Alliance, among others, said that “many of the people in the park arrived there after being removed from other locations without offers of non-congregate shelter that matched their situation”—a reference to ongoing encampment sweeps by the city. “Those who are rightly upset about conditions in the park should join the many voices opposing shuffling people around the city—that practice contributed significantly to this situation,” the letter says.

“Moving people out of the park to no clear destination will not solve courthouse or neighborhood safety, or address the situation of anyone currently living there,” the letter concludes. “It feels like action—but it actually makes matters worse.”

For years, the city has presented unsheltered people with “offers” of shelter that are less appealing than sleeping outdoors, including beds in congregate shelters that lack the privacy or security of a private room, and dispersing them to other locations when they “refuse” these offers. Sweeping people from City Hall Park will only displace them to new locations—which is how many of them ended up in the park in the first place.

3. One of Mayor Jenny Durkan’s most senior cabinet members, senior deputy mayor Mike Fong, is leaving the city later this month for a new job as Chief Recovery and Resilience Office for Snohomish County.

Durkan, who announced she would not seek reelection in January, is leaving office at the end of this year after a single term. She currently has two deputy mayors, both appointed after their predecessors left for new positions. Tiffany Washington, the former head of the city’s homelessness division, replaced Shefali Ranganathan, and David Moseley, a former deputy mayor, came out of retirement to replace Casey Sixkiller, who quit to run for mayor. Continue reading “County Hires New Cop Recruiter; Deputy Mayor Moves On; Calls for Park Sweep Increase After Unrelated Attack”

Officers Accused of Domestic Violence Usually Keep Their Jobs. Advocates for Survivors Say That’s a Problem

Seattle Police Department West Precinct; image by Adbar, Creative Commons license

By Paul Kiefer

Last November, a small team of Seattle police officers parked near the home of one of their colleagues, Officer Amy Jean Branham. They were responding to a 911 call from Branham’s estranged (now ex-) wife, who told dispatchers that Branham had attacked her during an argument about their pending divorce.

Branham’s wife told the responding officers that Branham was drunk. She pointed to red marks on her neck and chest, claiming that Branham had placed her in a headlock. But Branham told the officers that the fight began when her wife tried to force her way into the house. She showed her colleagues a red mark on her jaw—evidence, she said, that the fight wasn’t as one-sided as her wife claimed.

Washington law requires police officers who respond to domestic violence calls to arrest the person they determine was the “primary aggressor.” The responding officers decided to arrest Branham’s wife, reasoning that Branham was only trying to prevent her wife from entering the house; the Seattle City Attorney chose not to file charges. Meanwhile, Branham’s wife obtained a protection order, alleging that Branham was prone to violence and stalking.

As part of the protection order, a King County judge ordered Branham to turn over her service weapon, prompting Interim Chief Adrian Diaz to place her on administrative leave. Meanwhile, the Office of Police Accountability (OPA) conducted an investigation of the allegations against Branham. In findings published last month, investigators concluded that Branham violated the department’s professionalism policies by hitting her ex-wife, as well as by following her ex-wife off-hours in a U.S. Department of Homeland Security cruiser, which she had access to as part of a joint task force. She received a written reprimand.

Today, at least six officers who’ve been accused of abuse or domestic violence remain on the force, including in supervisory roles.

The issue of intimate partner violence by officers tends to fly under the radar; the last case that drew significant local attention was in in 2003, when then-Tacoma Police Chief David Brame shot and killed his wife, Crystal Brame, at a Gig Harbor shopping center. In the past five years, SPD has fired three officers for domestic violence or harassment, including Todd Novisedlak, whom former SPD Chief Carmen Best fired in 2019 for beating his former girlfriend and repeatedly using racist slurs to describe his coworkers, and Daniel Amador, a North Precinct sergeant arrested in 2016 for raping and abusing his daughters.

Officers accused of domestic violence or harassment can be found on nearly every level of the department’s hierarchy. Officer Todd Harris, a member of the department’s gun violence reduction squad, was charged by a Snohomish County prosecutor with domestic violence assault in 2012; Sergeant Alfred Warner, whose ex-wife obtained a protection order against him after he allegedly pointed a gun at her during an argument in 2006; and Sergeant Brian Rees, whose ex-wife—at the time, a fellow SPD officer—sought a protection order against him after he allegedly punched her and spent his off-duty time stalking her inside the department’s north precinct building.

Domestic violence allegations are notoriously difficult to prove in court, which survivor advocates say has allowed some Seattle police officers with a history of abuse to avoid accountability and remain in positions of authority within SPD. Today, at least six officers who’ve been accused of abuse or domestic violence remain on the force, including in supervisory roles.

For some survivor advocates, allowing these officers—especially those who received criminal charges—to remain in positions that can involve handling domestic violence calls raises questions about the department’s respect for survivors. A record of abuse, advocates say, could impact the way an officer interacts with people seeking help, including victims of domestic violence, and could reflect on the officer’s ability to control their temper and exercise good judgment.

“Survivors and advocates end up wondering how much weight is given to our voices if we’re dealing with officers who work alongside these people who have been accused of abuse,” said Riddhi Mukhopadhyay, the director of the Sexual Violence Law Center, which provides legal assistance to victims of sexual violence.

Advocates like Mukhopadhyay are especially concerned about officers who’ve risen in the ranks after facing domestic violence charges. Sergeant Domingo Ortiz faced domestic violence-related charges twice before he reached his current rank: in 2000, he received a deferred sentence after punching a man who took his estranged wife to lunch, and in 2004, Pierce County prosecutors charged Ortiz with domestic violence harassment for threatening to hurt his estranged wife “permanently.” (Ortiz was not convicted of the 2004 charge).

Similarly, now-Captain Scott Moss was charged with assault in 2009 for allegedly cutting his then-wife’s hand with a kitchen knife. Ultimately, a King County Superior Court jury acquitted Moss after his attorneys attributed his wife’s injuries to her history of mental illness and self-harm; Moss’ wife chose not to cooperate with the prosecution. It’s fairly common for victims to decide not to cooperate in domestic violence cases, which typically prompts courts to dismiss the charges against the alleged abuser.

Since his acquittal, Moss has received a series of promotions, including a recent stint as the acting captain of SPD’s Special Victim Crimes section, which includes the department’s domestic violence unit.

Most of the officers accused of domestic violence have run into other types of legal trouble during their careers with SPD. Ortiz, for instance, was one of three officers named in a 2010 excessive force lawsuit stemming from a violent arrest at the department’s evidence warehouse; and in 2014, a US district court jury found Rees guilty of excessive force for pepper-spraying a woman while another officer detained her at a May Day protest two years earlier.

Continue reading “Officers Accused of Domestic Violence Usually Keep Their Jobs. Advocates for Survivors Say That’s a Problem”

Investigation of Work Release Centers Spurs Some Changes, But Advocates Proceed with Caution

Washington Department of Corrections Work Release Center in Pioneer Square (Google Street View)

By Paul Kiefer

Last Friday, Washington’s Office of Corrections Ombuds (OCO) released the final recommendations from a nearly two-year-long review of the state’s work release program that found an alarming pattern of retaliation and arbitrary discipline by contract staff at work release centers across the state.

Work release centers are housing facilities for people in DOC custody; residents stay for less than a year, transitioning back into normal life by working civilian jobs, visiting family members, and attending counseling sessions.

Since the state legislature created the OCO as the oversight agency for the state Department of Corrections (DOC) in 2018, the office has repeatedly investigated allegations about work release staffers responding to criticism or complaints by returning residents to prison for minor rule violations.

In 2018, a resident at a work release facility in Spokane attempted to file a sexual assault and harassment complaint against a guard, only to be arrested and returned to prison for allegedly threatening her harasser—an allegation that the OCO later called “hearsay.” In 2019, staff at a work release center in Beacon Hill allegedly conspired to return a resident to prison after she criticized the work release program during a meeting with DOC administrators. And in 2020, an OCO investigation concluded that staff members at a work release center in Pioneer Square may have sent a resident back to prison in retaliation for a protest by his family members outside the center.

“When people leave for work, to ride a bus, to buy clothes… they’re all terrified. They’re all scared to death that they’re going to mess up something tiny and get sent back to prison.”—Prisoners’ rights advocate Melody Simle

Many other incidents of alleged retaliation by work release administrators flew further under the radar. One work release resident returned to prison after staffers found a small drill bit, which she said belonged to her boyfriend, in her backpack; in other cases, work release staff disciplined residents for returning to their centers late after missing a bus.

“Those centers are supposed to be a bridge back into society,” said Melody Simle, a prisoners’ rights advocate whose brother spent time in a Snohomish County work release center. “But instead, the centers have been really focused on punishing people for the smallest things. In the two years I’ve been doing this work, the number one complaint is that when people leave for work, to ride a bus, to buy clothes… they’re all terrified. They’re all scared to death that they’re going to mess up something tiny and get sent back to prison.”

And a negative experience in work release can be the difference between thriving on the outside and repeatedly returning to jail, said Milo Burshaine, who recently left a work release center in Seattle. “Work release can make or break you,” he said. “If someone’s going to do well on the outside, it’s important that work release staff pay attention to their needs—to their mental health, to their stress. A work release that’s too punitive doesn’t help someone adjust to independence.”

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In response to advocacy from incarcerated people and their families, OCO Director Joanna Carnes asked the department to convene a work group in 2020 to discuss short- and long-term changes to the department’s work release program. Most of the work group’s members were DOC staff, including the department’s Assistant Secretary for Re-Entry, Danielle Armbruster. The group didn’t include staff from the work release centers named in complaints about retaliation.

The group also did not include any formerly incarcerated members, though it did include two people whose relatives had spent time in work release centers—including Simle, who helped organize meetings with residents at work release centers in Seattle and Tacoma to gather feedback.

Because the work group wasn’t tethered to a particular misconduct complaint, its focus quickly expanded well beyond the issue of retaliation. For example, the OCO report recommends work release residents receive consistent internet access and orientation packets. The work group also provided an opportunity to push through longstanding changes to the work release system, including an agreement by the DOC to allow residents at work release facilities statewide to have personal cars to commute to and from their jobs; previously, residents at work release centers in Seattle and some other cities could only commute by public transit.

But arbitrary or excessive discipline in work release centers remained at the core of the work group’s conversations. Drawing from those discussions, the OCO recommended that DOC create a standardized training for staff members who preside over disciplinary hearings; that incarcerated people accused of breaking work release rules receive copies of the evidence against them; and that the DOC identify less-severe alternatives to returning people to prison for minor slip-ups. Continue reading “Investigation of Work Release Centers Spurs Some Changes, But Advocates Proceed with Caution”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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