State Proposal Creating Community Oversight Boards for Police Could Have Unintended Consequences

By Paul Kiefer

A bill that would create a framework for civilian oversight of law enforcement agencies across Washington state is making its way toward a vote on the floor of the state house, but police accountability experts say that the bill needs refinement to avoid unintended consequences.

The bill, sponsored by Rep. Jesse Johnson (D-30), would require every jurisdiction statewide that employs 15 or more law enforcement officers to create a “community oversight board” to receive and investigate civilian complaints about police misconduct. It also sets some rules for board membership, barring people who work for or have close ties to law enforcement and reserving seats on each board for community members.

Unlike most cities in Washington, Seattle already has a trio of police oversight bodies: the Office of Police Accountability (OPA), which investigates individual cases of misconduct; the Office of the Inspector General (OIG), which reviews Seattle Police Department policy and tactics and issues recommendations; and the Community Police Commission (CPC), which mostly plays an advisory role for SPD. In its current form, the bill would allow Seattle to keep all three bodies, but with some significant changes, including requiring the OPA to rebuild an all-civilian investigation team and potentially move outside of SPD, limiting its access to department records.

When the House Public Safety Committee fielded comments on the bill on January 26, OPA director Andrew Myerberg told the committee that he could not fully support the proposal. In its original form, the bill didn’t create a clear exception for accountability agencies like the OPA. “I do agree with the bill insofar that I believe civilians can do the work of police accountability and do it well,” Myerberg said, but he worried that the framework for community oversight outlined in the bill would require jurisdictions like Seattle to dismantle their existing civilian oversight structures and replace them with a single board tasked with both misconduct investigations and policy advising.

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

After the first round of testimony, Johnson worked with representatives from Seattle and Spokane, which also has an existing police oversight agency, to amend the bill with concerns like Myerberg’s in mind. The most notable adjustment was the inclusion of a clause allowing jurisdictions with “multiple similar oversight bodies” to retain those agencies if they comply with the rest of the bill’s contents. One of the goals of the changes, Johnson told PubliCola, “is to preserve the functions of the OPA as long as the membership rules for community oversight boards are implemented within the OPA.”

To do so, Johnson said, the OPA would need an all-civilian investigative team by January 2023. Currently, nine of the OPA’s 11 investigators are sworn police officers—a consequence of Seattle’s contract with the Seattle Police Officers Guild, which limits the number of civilian investigators. If passed, the bill would supersede Seattle’s agreements with its police unions. The bill would also require the OPA to reserve some of its civilian staff positions for people representing impacted communities. Continue reading “State Proposal Creating Community Oversight Boards for Police Could Have Unintended Consequences”

Durkan Focuses on Vaccination, “Reopening Downtown” in Brief State of the City Remarks

This story originally appeared at the South Seattle Emerald.

by Erica C. Barnett

Mayor Jenny Durkan’s final State of the City speech, delivered from the Filipino Community Center in southeast Seattle, was notable more for its brevity than its content. The speech, which clocked in at just over six minutes (more than 35 minutes less than the shortest of her other three State of the City speeches) included plenty of platitudes about Seattle’s resilience and future recovery (“we have a tough road ahead, but there is hope on the horizon,” she said), but few specifics about what the city has done and will do to ensure that recovery—for small businesses, low-income residents, people experiencing homelessness, or people impacted by systemic racism.

“Never bet against Seattle,” Durkan said. “This year, we will continue to be tested but we will begin to recover and rebuild more equitably.”

Durkan gave few specifics about how she planned to make that happen in her final year, other than widespread vaccination and economic recovery downtown.

In the coming weeks,” Durkan said, “we’ll discuss and implement plans to continue progress on” climate change, public safety, and systemic racial inequity. Including the concrete steps we’ll take together to recover and reopen downtown. Including steps we will take to improve the livability and safety of downtown.”

“We’ll address public safety,” Durkan continued, “expand alternatives to policing, and have other responses.”

Durkan mentioned homelessness just twice, both times in the context of reopening downtown. “We’ll open hundreds of shelter spaces and affordable homes to bring more neighbors inside from our streets and parks so they can get stability and services,” Durkan said. Later, she added, “We will bring more people from our parks and streets into permanent supportive housing and new 24/7 spaces and tiny homes.”

As PubliCola has reported, the city’s plan to open around 300 new hotel-based shelter beds using federal COVID emergency funds has stalled over a dispute between the mayor’s office and providers about how much each bed should cost. Even if all the new shelter beds opened next week, the grants are temporary; once the money runs out, the hotels will have to close unless service providers can come up with new funding for the beds.

No neighborhoods outside downtown Seattle merited a mention in Durkan’s speech, except as future vaccination sites. Even a press release from the mayor’s office said Durkan’s speech laid out “her vision for Seattle to reopen and recover, especially downtown.” There was a time when appearing to kowtow to downtown businesses was seen as a liability, or a sign that a politician was out of touch with people outside the city’s commercial core. In a six-minute speech from a mayor who isn’t seeking reelection, it felt like the only clear sign of where she plans to focus her attention during her last 11 months.

Mercer Island Plans Homeless Ban, Shakeup at Homelessness Authority

Image via Wikimedia Commons

1. On Tuesday, the Mercer Island City Council is scheduled to vote on a proposal to ban all “camping” in the city, including sleeping unsheltered in public places and sheltering in a vehicle overnight. People who violate the ban—anyone who remains unsheltered in the city overnight—could be jailed for up to 90 days and fined $1,000 for each violation. Any vehicle that is used for overnight shelter, including RVs, could be impounded.

At a Mercer Island City Council meeting last month, Councilmember Jake Jacobson said the proposed ordinance “addresses public safety concerns [about] people who, but for this ordinance, would be staying in public properties for an infinite period of time and certainly are in a position to be of concern to people on the island. Fear—there is fear out there, and this is a way to deal with it.”

“And if people say they don’t want help and say, ‘I’m not going into shelter,'” Jacobson continued, “then they have made a decision to opt into the justice system.”

A federal appeals court ruling, Martin v. Boise, bars cities from passing outright bans on homelessness. Instead, it allows cities to ban sleeping outdoors unless there is no “available” shelter in the area—but the definition of “available” and in the area are very much open to interpretation.

The Mercer Island proposal gets around Boise by saying that police who encounter unsheltered people may direct them to shelter outside Mercer Island but on the Eastside, since Mercer Island does not have any homeless shelters. In practice, this means one of four shelters—one for women, one for men, one for families with children, and one for youth. In exchange for these services, Mercer Island would pay a consortium of Eastside service providers a total of $10,000 a year.

The bill defines “available” broadly, allowing police to enforce the law against people who can’t be admitted to their designated shelter because of the “voluntary actions of that person,” including :intoxication, drug use, unruly and/or assaultive behavior and like behaviors.” Under proposed ordinance, for example, if a homeless man was ineligible for the lone men’s shelter because he was exhibiting behavioral health symptoms that made him “unruly,” he could be seen as refusing shelter and jailed.

If people say they don’t want help and say, ‘I’m not going into shelter,’ then they have made a decision to opt into the justice system.”

Mercer Island Police Chief Ed Holmes assured the council that then police were interested in helping homeless people, not further marginalizing them. “Rest assured… we won’t take enforcement action until there’s repeated issues,” he said. But Sergeant Mike Seifer, who presented the legislation to the council, noted that it was aimed at addressing a specific group of people—”about four individuals that we deal with on a very serious or consistent basis” in public spaces, plus “about six or seven that are in vehicles that are consistently coming into contact with the officers.”

One way or another, the law would allow Mercer Island police to remove those ten or so people from the island, either by jailing them in another city, such as Issaquah, or by sending them to a shelter off the island. Councilmember Craig Reynolds, who cast the lone “no” vote against the ordinance on first reading, noted that the city’s jail contracts don’t come cheap—jailing a person costs the city about $200 a day, or up to $18,000 for the maximum 90-day sentence.

2. King County Councilmember Claudia Balducci  will replace her fellow Councilmember Reagan Dunn on the King County Regional Homelessness Authority’s governing board, as we reported exclusively on Twitter Friday.

In January, as PubliCola reported, governing board member Zaneta Reid took Dunn to task for positions he has taken on homelessness, including his opposition to the “Health Through Housing” sales tax proposal and his efforts to fund one-way bus tickets out of King County. “Mr. Dunn—Reagan—I have not seen one article that you have been compassionate or even cared about what we’re sitting at this table doing.  … How can I trust that you have the best interests of those that we are serving at forefront?” Seattle Mayor Jenny Durkan shut down the conversation before Dunn could answer. Continue reading “Mercer Island Plans Homeless Ban, Shakeup at Homelessness Authority”

King County Sheriff Fires Deputy for Social Media Posts Mocking Protester Deaths

By Paul Kiefer

King County Sheriff Mitzi Johanknecht announced on Friday that she has fired the detective who made a half-dozen Facebook posts making light of violence against Black Lives Matter protesters. In a press release on Friday morning, Johanknecht explained that her decision to fire Detective Michael Brown was based on both the “extreme indifference to life and racial equity” evident in the posts and the damage they incurred to the public’s “confidence and trust” in the sheriff’s office. Brown’s termination went into effect on Thursday.

The Facebook posts, which Brown shared in June and July of 2020, included a joke about Lorenzo Anderson, the 19-year-old killed near Capitol Hill’s CHOP zone on June 20, and two jokes about driving cars into crowds of protesters. Those included a picture of a sticker that reads “All Lives Splatter,” and a subsequent comment on the image that read, “I see a couple of people got infected with Covid-19 from the hood of a car on 1-5 last night”—a reference to the July 4 hit-and-run in which a driver struck two Black Lives Matter marchers on I-5, killing one and permanently injuring another. Brown shared both jokes within hours of the hit-and-run.

In other posts, Brown appeared to celebrate or encourage the use of excessive force by police when responding to protests. In a post on June 1, for instance, Brown posted a video of a Baltimore police officer punching a Black woman at a protest in May with the comment, “When in doubt… knock ’em out.”

Brown—a cousin of Washington Governor Jay Inslee—had worked for the sheriff’s office for 40 years, and was on the detail that provides security to King County Executive Dow Constantine. His disciplinary record included a one-day suspension in 2013 for a drunken hit-and-run in Chelan County.

In early July, after receiving a flood of civilian complaints about Detective Michael Brown’s posts, the King County Sheriff’s Office (KCSO) began an investigation into Brown’s comments; according to KCSO spokesman Tim Meyer, the sheriff’s office placed Brown on paid administrative leave for the duration of the investigation.

In October, after reviewing complaints sent to the KCSO and other county agencies, King County Undersheriff Patti Cole-Tindall—the department’s second-in-command—recommended that Johanknecht fire Brown. In her disciplinary recommendation, Cole-Tindall contended that Brown’s misconduct had compromised his ability to effectively work in law enforcement.

Brown met with Johanknecht in early November to provide his perspective on his conduct and the proposal to fire him from the department. In that hearing, Brown said he did not intend his posts to encourage violence against Black Lives Matter protesters, though he told Johanknecht that he “regretted” the posts because “others might perceive them in an entirely different light.” In a letter Johanknecht sent to Brown after the hearing, she wrote that his presentation to defend himself “was brief and fell short of accepting responsibility, or demonstrating that [he] understood what was wrong with [his] conduct.”

In the same letter, Johanknecht wrote that Brown’s posts ranged from encouraging illegal use of force to blaming protesters for attacks targeting them; Johanknecht also called out Brown for claiming to be unaware of the connection between the phrases “All Lives Splatter” and “Black Lives Matter,” writing that the “play on the phrases” was too obvious for Brown to miss.

Johanknecht sustained allegations that Brown had committed “conduct unbecoming” of an officer—a charge that entails diminishing “respect for” or “confidence in” the department. However, she did not uphold an allegation that Brown’s posts violated sheriff’s office policies prohibiting “discrimination, harassment, incivility and bigotry” because he shared the posts while off-duty; the policy only applies to on-duty conduct.

Notably, Johanknecht that her decision to fire him was influenced by the public outcry sparked by his posts. “The volume of complaints concerning your series of posts,” she wrote in her letter to Brown, “caused a significant slowdown in the work of the Internal Investigations Unit,” which reviews and documents misconduct complaints.

Johanknecht drew a parallel between Brown’s case and the case of a KCSO captain who recently received a one-day suspension for “posting a widely circulating video of a gang of black people attacking and robbing a 15-year old black girl stealing the shoes off” that the captain captioned, “Animals. This is what the inner city gives us these days.” Her decision not to discipline that captain more harshly, Johanknecht wrote, was “because there was not the outrage and extremely harmful, negative and damaging effect to the Sheriffs Office that [Brown’s] posts and comments created locally and nationwide.”

The sheriff’s office is still investigating other officers who interacted with Brown’s Facebook posts.

Rules Aren’t Censorship, Activists Aren’t Policymakers, and Solutions to Homelessness Aren’t Cheap

1. Seattle city council member Kshama Sawant learned the hard way yesterday that the standard for decorum in the state legislature is not the same as the standard in city council chambers, when state Rep. Noel Frame (D-36, Seattle) cut her off during a hearing on a proposed state capital gains tax yesterday.  Frame is a cosponsor of the legislation, and the prime sponsor on a separate proposal to impose a wealth tax on the richest Washington state residents.

Legislative committees typically hold no more than one public hearing for each bill, and commenters are supposed to restrict their remarks to the legislation on the agenda during the meeting at which they’re testifying.

In her testimony, Sawant mentioned the bill number that was on the agenda before launching into testimony about wealth and income taxes in general, focusing on a theoretical preemption clause in a different bill that hasn’t even been proposed yet—a potential state payroll tax, which some advocates worry could could preempt Seattle’s own JumpStart payroll tax. After about a minute. Frame interrupted, asking Sawant to “keep your comments focused on the bill at hand, please?”

Sawant responded, “It is focused on the bill at hand” and continued reading from her speech about the payroll tax. Frame interrupted two more times as Sawant quoted from a Crosscut article about the payroll tax proposal, accused Frame of “completely suborning the Constitution,” and insisted she had a “Constitutional right” to testify on “every bill that you will talk about focusing on the wealthy and big business.” At that point, Frame cut Sawant’s mic and moved on to the next public commenter.

“She was coming to the committee during a hearing on a capital gains bill to talk about a payroll tax that hasn’t even been dropped yet. It’s just a matter of speaking to the bill. It’s the same type of decorum we try to follow on the floor, and if we don’t focus on the bill at hand, we get gaveled.” — Washington State Rep. Noel Frame

Sawant posted her remarks later in the day, broken up by a large pink box reading “[Censored from this point on].” The charge of censorship prompted Sawant’s fans to dogpile Frame on social media, calling her a “corporate shill” and worse. (Frame, a Bernie delegate in 2016, does not accept corporate contributions—and, again, is sponsoring measures to tax capital gains and personal wealth.)

Ironically, the city council’s own rules require that people testifying before the council limit their comments to items on the council’s agenda, a rule that admittedly tends to be more honored in the breach.

“She was coming to the committee during a hearing on a capital gains bill to talk about a payroll tax that hasn’t even been dropped yet, and she kept referencing wealth, and I was like, ‘The wealth tax hearing was last week,'” Frame told PubliCola. “It’s just a matter of speaking to the bill. It’s the same type of decorum we try to follow on the floor, and if we don’t focus on the bill at hand, we get gaveled.”

As for the issue of preemption: The capital gains tax proposal includes a clause explicitly stating that it does not preempt any other taxes.

2. The city opened two cold-weather shelters on Thursday in anticipation of freezing temperatures, bringing the city’s winter-shelter capacity to about 165 beds. (King County opened a men’s only shelter downtown that will serve another 25.)

Emergency shelter unquestionably saves lives, but it’s worth putting these temporary beds into context: The city lags far behind its own revised schedule to open up 300 federally-funded hotel rooms to people experiencing homelessness, a plan the mayor’s office unveiled before cold weather had even set in last fall. Those 300 rooms are supposed to serve as a temporary way station for 600 or more unsheltered people, who the city plans to move swiftly into permanent supportive or market-rate housing, freeing up rooms for more unsheltered people.

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The mayor’s office and the Human Services Department have been reluctant to release any details about the hotel proposals or even confirm the locations of the hotels, which we’ve reported several times and which the city council has begun discussing openly. The city rejected the Public Defender Association’s proposal to use the Executive Pacific Hotel downtown for an expansion of its successful JustCare hotel-based shelter model because, according to Mayor Jenny Durkan’s office, the PDA’s proposal was too expensive; the city is now reportedly in conversations with the Low-Income Housing Institute, which also responded to the city’s request for qualifications for hotel-based shelters last year.

So what, exactly, is the holdup? I asked Durkan this during a press conference on the winter weather shelters, and she responded by making a hard pivot back to the winter shelters and responding as if I had asked about them—an odd dodge, in my view, since the context for my question was the fact that 300 more people would be inside and warm right now if the hotel shelters had been opened according to the city’s original schedule.

In response to a followup question, Durkan spokeswoman Kamaria Hightower said, “the City is working to implement the shelter surge program and is in active negotiations with hotels and service providers.” (In addition to the Executive Pacific and potentially LIHI, the Chief Seattle Club plans to open a shelter at King’s Inn in Belltown.) “The significant change in weather had us redirect some resources towards emergency weather response but we plan to announce our new partnerships soon.”

Neither council member backed down or gave ground when neighborhood activists tried to goad them (“I can already hear the snarky comments about how it’s called the HOPE Team because you hope they’ll do something!” one man guffawed) and both stayed on message

The delay, which was going on long before yesterday’s cold snap, likely comes down to two issues: Cost and capacity. Every provider who submitted a bid to operate a hotel-based shelter proposed a plan more expensive than the city’s original $17,000-per-bed spending cap. And every provider in the city is stretched thin, as HSD interim director Helen Howell noted in her remarks at Wednesday’s press conference— for example, the city is relying on groups that don’t ordinarily operate emergency shelters, like LIHI, to staff the winter-weather shelters. To run a successful hotel-based shelter program, agencies will either have to hire more staff (which increases) or spread themselves even thinner (which can decrease service quality.)

The Downtown Emergency Service Center’s hotel plan would have entailed moving existing DESC clients from a congregate shelter at Seattle Center rather than taking on a whole new group of residents. The city rejected it as non-responsive because, according to DESC director Daniel Malone, it did not bring a new set of unsheltered people into the shelter system. Continue reading “Rules Aren’t Censorship, Activists Aren’t Policymakers, and Solutions to Homelessness Aren’t Cheap”

Customer-Only Rail Restrooms, Women’s Groups Denounce Fain Appointment, and WHEEL Shelter Finds a Home

1. The leaders of the National Women’s Political Caucus of Washington, NARAL Pro-Choice Washington, Washington State Democrats, and several other statewide organizations have signed a letter calling for former state senator Joe Fain’s resignation from the Washington State Redistricting Commission.

Fain was appointed to the five-member commission, which will redraw Washington’s congressional and legislative boundaries, by senate minority leader John Braun of Centralia. 

In 2018, a former city of Seattle employee, Candace Faber, said that Fain had raped her after a reception in Washington, D.C. several years earlier. Although the allegations eventually led to a state senate investigation, the investigation was dropped after Fain lost his reelection bid to Democrat Mona Das. Two months after leaving office, Fain was hired as head of the Bellevue Chamber of Commerce.

Calling these new restrooms “public” would be a bit of a misnomer, since Sound Transit plans to sequester the new toilets inside the fare-paid area, and could require riders to scan their ORCA card or a QR code on a valid ticket in order to access them.

In the letter, the women’s groups decry Fain’s elevation to yet another position of power, noting that he has never been subject to a formal investigation nor responded publicly to the allegations against him. If Fain remains on the commission, they say, he should have no in-person access to staff, other commissioners, or members of the public, and all his communications should be supervised by an outside party.

“Lack of action on behalf of the Commission would normalize sexually predatory behavior and set a dangerous precedent that sexual assault accusations are not taken seriously by Washington State officials, further discouraging others who may experience similar incidents from bringing forth their own experiences,” the letter concludes.

2. Last week, Sound Transit’s ridership experience committee agreed to a new public-restroom policy that will, if implemented, add a total of seven new restrooms to the agency’s commuter and light rail system once it is fully built out decades from now. Three of those would be in Seattle—in Ballard, the Chinatown/International District, and Seattle Center.

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

The new criteria the board will use to determine which stations get restrooms were based on what’s in place in other systems, but it’s important to note that these criteria are a decision, not an inevitability. Stations with restrooms will be those that have more than 10,000 boardings a day and where five or more different transit routes converge; additionally, Sound Transit staff has recommended, every rider should be able to access a restroom within a 20-minute ride from any point within the system. This set of rules leads to restrooms outside the downtown Seattle core, where there happen to be a large number of people living unsheltered without easy access to public restrooms, and at the new suburban hubs.

In the letter, the women’s groups decry Fain’s elevation to yet another position of power, noting that he has never been subject to a formal investigation nor responded publicly to the allegations against him.

Calling these new restrooms “public” would be a bit of a misnomer, since Sound Transit plans to sequester the new toilets inside the fare-paid area, and could require riders to scan their ORCA card or a QR code on a valid ticket in order to access them. Calling them “paid toilets” might be more accurate.  One can easily imagine a scenario in which a rider who is just outside the two-hour window when tickets or passes are valid finds herself locked out of the restroom at her destination.

3. The women’s homeless shelter provider WHEEL, whose request to open a nighttime-only shelter at City Hall was rejected last month, will have a new home starting this week: First Presbyterian Church on First Hill, which has also housed the city’s navigation center and other shelter providers over many years. The new space, which WHEEL is opening with city support, will have space for up to 60 women.

As PubliCola reported last month, WHEEL’s women’s shelter is low-barrier, meaning that the group accepts women in any condition and those who don’t do well in structured programs. The group had been trying to find a space since November to supplement its existing shelter at Trinity Episcopal Church near downtown, whose nightly capacity has been cut in half by COVID bed spacing requirements.

City Attorney Pete Holmes Will Seek Fourth Term

By Erica C. Barnett

City attorney Pete Holmes is running for reelection, he told PubliCola Monday, in a wide-ranging conversation that covered the federal consent decree, the state of downtown Seattle, and last year’s historic protests. If he’s reelected, Holmes said, he will have served alongside six mayors, about 30 council members, and “six or seven police chiefs,” and “we’ll be negotiating my third or fourth police contract.” Coming out of the pandemic, he said, “I can’t think of a time that it’s been more necessary to have steady and strong leadership.” If Holmes didn’t run again, in other words, who would take his place? Scott Lindsay?

That’s a scenario that makes many Seattle progressives shudder, and why you can expect to see most of them supporting him this year. (State attorney Bob Ferguson is an early endorser).

Holmes, who was first elected in 2009, has been an easy conservative punching bag, beginning in his first term, when he dismissed all pending marijuana cases and campaigned for Initiative 502, which legalized and regulated marijuana statewide. More recently, Seattle’s right-wing pundits have excoriated him for declining to prosecute some low-level misdemeanors, including property damage during protests and so-called “survival” crimes, saying he’s part of the permissive culture that lets “prolific offenders” run roughshod over the city.

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

But Holmes has frustrated some progressives, too, by seeking to end federal oversight of the police department,  continuing to promote court-based solutions to public health problems such as addiction and mental illness, and what some see as his failure to aggressively pursue supervised drug consumption sites, which a King County task force recommended five years ago.

Holmes defended his record on police accountability, saying that the city has made impressive progress toward compliance with the consent decree, even if the exact path toward freedom from federal oversight remains unclear. “The final word [on the consent decree] is, does Judge Robart agree that we have gotten there? I think the good news is that he has recognized that we’ve achieved an amazing amount.” But, he added, “We’ve got to get to the bottom of what happened this summer, and the new [court] monitor [Antonio Oftelie] has got a plan that will hopefully address it this year.”

PubliCola asked Holmes about his approach to people who commit misdemeanor crimes (the only kind the city prosecutes) that are rooted in poverty, addiction or mental illness. Last year, Holmes helped reboot the city’s community court, which provides alternatives to conviction or jail for people convicted of certain low-level crimes. Given that diversion alternatives already exist, though, why put people through the criminal legal system at all? Continue reading “City Attorney Pete Holmes Will Seek Fourth Term”

Community Safety Research Effort Splinters, Leaving Future of $3 Million Project Unclear

Black Brilliance Research Project co-lead Shaun Glaze

By Paul Kiefer

Editor’s note: This post has been updated. See below for update.

On Monday afternoon, the Black Brilliance Research Project announced a split with King County Equity Now, the organization that the city selected last year to coordinate research that will lay the groundwork for a public safety-focused participatory budgeting process later this year. The Black Brilliance Research Project (BBRP) is the name of that research effort.

In a post published on Medium, Black Brilliance Research Project (BBRP) co-lead Shaun Glaze wrote that Freedom Project Washington, the nonprofit that serves as a “fiscal agent” for the $3 million contract, will now be responsible for coordinating the project, with the BBRP conducting research as a direct contractor to the Freedom Project. At the same time, King County Equity Now (KCEN), the group that’s contractually in charge of the research effort, announced its own new “community research panel” that it says will complete the research.

Under the terms of the Freedom Project’s contract with the city council, KCEN—as the lone sub-contractor to Freedom Project—is responsible for a list of deliverables, including three reports and presentations to the council. KCEN fielded its own team of researchers, including Glaze, but also contracted much of the research out to other nonprofits and community organizations.

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

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

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

Glaze told PubliCola on Monday night that research teams that previously contracted directly with KCEN will now contract directly with Freedom Project. However, Freedom Project’s role as a fiscal sponsor is strictly constrained by the terms of the contract. For example, the contract does not allow Freedom Project to add or remove subcontractors at will; any substantive changes to the contract must to be approved by the city council, which is likely to have some major questions about the project now that the BBRP and KCEN have said they are going their separate ways.

The BBRP is, in large part, Glaze’s brainchild; Glaze joined KCEN in June 2020 and, alongside co-lead LéTania Severe, assembled KCEN’s research team last fall. Glaze and Severe have also been the primary authors of the work plan and research progress reports submitted to the city council.

In the letter, Glaze wrote that the BBRP’s core staff lost confidence in KCEN’s leadership team after KCEN incorporated as a nonprofit at the end of 2020. “When KCEN represented a collective of Black community organizations, having KCEN facilitate the research made sense,” Glaze wrote. “However, once KCEN chose to incorporate, the community partnership dynamic changed, and this created obstacles and barriers to the research.”

Glaze’s letter claims that KCEN leadership locked researchers out of their email accounts and research databases, “[cut] off communication when requests for transparency and accountability were made,” delayed paying research staff and “dismiss[ed] the lived experiences of some Black community members, including Black people who live in but were not born in Seattle and trans and queer people.”

Of the eight research teams that previously sub-contracted with KCEN, two were notably absent from the signatories of Glaze’s letter: artist collective Wa Na Wari and South Seattle-based nonprofit East African Community Services. PubliCola has contacted East African Community Services and Wa Na Wari about the future of their involvement in the BBRP.

Meanwhile, in a community meeting Monday afternoon, KCEN’s leadership team announced the creation of a new “community research panel” that will “help steward research efforts moving forward,” producing its own report at some point in the coming year.

The council expects a final report on the findings of the BBRP by February 26. According to Glaze, the BBRP team expects to meet that deadline despite the shake-up. It remains unclear what will happen if the council ends up with two separate reports with conflicting recommendations.

Update on 2/11/2021:

The details of the split between KCEN and the core leadership of the BBRP are still difficult to track, but a representative from Freedom Project Washington says that their group will now directly oversee the research teams. (Previously, KCEN was responsible for supervising the work and budgets of the research teams.) In an email to PubliCola on Tuesday, Freedom Project spokeswoman Sauda Abdul-Mumin said the group will also take responsibility for the final research report to the council, which is due on February 26.

The contract for the work, which is held by the Freedom Project, makes King County Equity Now the only subcontractor on the project, and explicitly states that the Freedom Project, as the city contractor, “shall not assign or subcontract its obligations under this Agreement without the City’s written consent, which may be granted or withheld in the City’s sole discretion.” The city attorney’s office is advising the city council (which holds the contract) on what it needs to do to change the contract now, less than two weeks before the final report is due to the city.

Both Glaze, who spoke to PubliCola by text Monday night, and Abdul-Mumin said the re-shuffling of responsibilities won’t hinder the research project. “This change does not impact the contract schedule,” Abdul-Mumin said, “and we are still anticipating a final report and hearing to take place this month. Very little has changed in terms of the research facilitation. This transition occurred to safeguard the stewardship of public funds and remain aligned in our commitment toward making our communities safe for everyone, especially those who have for so long been targeted by systemic racism and oppression.”

Abdul-Mumin didn’t confirm whether KCEN’s own research team on KCEN’s subcontract) will remain involved in the project. However, in an email on Tuesday, KCEN’s press team wrote that the “nearly finalized” research project outlined in the city contract will remain “under KCEN’s Black research umbrella”; they did not clarify whether they intend to submit their own final research report to the council. Instead, the KCEN press team highlighted other advocacy efforts in which their organization is involved; some of those efforts, including calls for the city to set aside $1 billion for an anti-gentrification fund, appeared in past research reports KCEN submitted to the council.

KCEN’s press team also responded to the allegations that their leadership delayed payments to research staff, saying that the city didn’t provide “significant funding” until January. The press team also said that KCEN has paid a total of $1.8 million to the project’s research teams, including more than $1 million that KCEN raised from donors.

The payment schedule included in the city’s contract with Freedom Project Washington specified that the council would release the $3 million allotted to the project in four payments: a $250,000 payment after the council finalized its contract with Freedom Project; a $1 million payment after KCEN submitted a work plan and schedule; a $1.5 million payment after KCEN submitted its preliminary research findings; and a final $250,000 payment after the council received a final research report.

Financial records obtained by PubliCola show that Freedom Project Washington – which, until Monday, was solely responsible for distributing city dollars to its subcontractors and reporting their budgets to the council – show that the nonprofit submitted invoices for the first three payments in November, December and January. PubliCola has reached out to the Seattle City Auditor’s office, which is overseeing the contract’s payment schedule, to determine when Freedom Project received those three payments.

According to their contract with the council, Freedom Project cannot “transfer or reassign” any “essential” research staff without the “express written consent of the city”; Glaze and Severe, the project’s co-leads, qualify as essential staff, so their transfer from KCEN to Freedom Project will likely require city council approval.

Additional reporting by Erica C. Barnett

Poll Tests Encampment Crackdown; Turf Battles Possible as Homelessness Authority Takes Shape

1. A recent poll asked respondents about a potential Seattle ballot initiative that would use existing government funds to support treatment for mental illness and drug addiction while giving police more authority to “intervene” if people experiencing homelessness didn’t accept the “help” they were offered. The hypothetical ballot measure would also re-establish the police-led Navigation Team, which removed encampments and offered information about shelter and other services to their displaced residents.

The poll also included a number of test messages supporting and opposing the theoretical measure. Among the opposition messages: The groups supporting this initiative don’t really care about solving homelessness and this solution doesn’t include housing; encampment sweeps are unethical or immoral; it’s wrong to involve police in homelessness; and big business contributed to the problem of homelessness and should help solve it.

The “pro” messages included: We’ve spent hundreds of millions of dollars and the problem is still getting worse; the council is too lenient on repeat offenders, including one council member (Lisa Herbold) who is trying to pass a “poverty” defense for crimes; businesses are struggling and facing the possibility of having to reopen with encampments everywhere.

Gauging the impact of negative and positive messages helps supporters of ballot measures (and candidates) craft a campaign that responds to the strongest objections while pushing the most compelling message in favor of a measure.

It’s unclear who’s behind the poll. PubliCola has reached out to several groups that have advocated for the city to change its approach to unsheltered homelessness, including the Seattle Metro Chamber, which did not respond to questions.

An early version of the regional homelessness authority structure, circa 2019.

2. The King County Regional Homelessness Authority announced this week that it has finally chosen a director to lead the agency, which was supposed to take over most of the functions of Seattle’s Homelessness Strategy and Investments division beginning last year. The new director, Regina Cannon, is the chief equity and impact officer at C4 Innovations, which released an influential report on racial inequities in homelessness.

One of the chief authors of that study was Marc Dones, the other finalist for the director position and the lead architect of the original plan for the authority itself. Dones was a frequent presence at City Hall in 2018 and 2019, when Seattle and King County were discussing the makeup of the future authority. As a city consultant, Dones advocated for “digital IDs” that would enable people experiencing homelessness to access services using biometric markers (such as fingerprints) or some other form of digital “signature,” and in 2019, Dones’ firm received $637,000 from the county for various contracts.

Assuming Cannon accepts the $200,000-plus position, she will be in charge of creating an organizational structure for an entirely new agency that will oversee homeless services throughout the county, including both Seattle (the primary fiscal contributor to the authority) and three dozen smaller cities, many of which have their own ideas about how to deal with homelessness in their communities. And she will be responsible for taking over hundreds of homeless service contracts currently held by the city, which plans to shut down its homelessness division over the next year.

Support PubliCola

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

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

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

3. In the meantime, the city’s Human Services Department plans to retain control over homeless service contracts in 2021, and, in at least one instance, perhaps beyond. Prior to the elimination of the encampment-removing Navigation Team last year, Durkan had planned to keep that team—and only that team—at the city. Now that the Navigation Team is no more, Durkan reportedly wants to keep the outreach providers that currently contract with the city, primarily REACH, under city control.

Durkan’s office did not respond directly to a question from PubliCola about whether she was “seeking to hold outreach contracts at HSD, as opposed to moving outreach to the new authority.” Mayoral spokeswoman Kamaria Hightower confirmed only that the city would retain its contracts with outreach providers such as REACH “through the end of this year.” Continue reading “Poll Tests Encampment Crackdown; Turf Battles Possible as Homelessness Authority Takes Shape”

Federal Judge: Seattle’s Path to Compliance With Consent Decree Still Unclear

By Paul Kiefer

U.S. District Court Judge James Robart convened a hearing on Thursday afternoon to review the city of Seattle’s progress toward implementing police reform and address how Seattle’s path to compliance with the federal consent decree has changed in the wake of last summer’s racial justice protests.

During Thursday’s hearing, the first since the protests, Robart emphasized that the city is still out of compliance with the consent decree in the areas of discipline and accountability, and that Seattle’s path toward an end to federal oversight is still unclear. Robart added that the federal court is now reviewing another possible breach of the consent decree: specifically, whether SPD’s response to last year’s protests leaves the city out of step with the court’s standards for appropriate use of force.

The consent decree—the agreement between the city and the Department of Justice that empowers the federal court to oversee reforms to the Seattle Police Department—dates back to 2012, when the DOJ investigation found that SPD officers frequently used excessive force without consequences. To end federal oversight, the city first needs to achieve “compliance” with the terms of the consent decree and remain in compliance for two years; Robart uses input from the city, accountability experts, and a court-appointed monitoring team to decide what compliance entails.

The court-appointed monitoring team, led by Dr. Antonio Oftelie since last September, submitted a work plan Thursday morning to track the implementation of reforms to SPD and the efficacy of the city’s accountability structure in 2021. As SPD prepares to rework its use-of-force and crowd management policies, and while the OPA and OIG conduct follow-up investigations into protest-related police misconduct and systemic policy problems, the monitoring team will act as an auditor, said Monisha Harrell, the court’s deputy monitor. “Our ultimate goal is to not exist,” she told PubliCola. “If the system is working well, then we aren’t needed. So we look for cracks in the system.”

Support PubliCola

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

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

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

The city has nominally met Robart’s standards before: In 2018, the judge ruled that Seattle was in “full and effective” compliance with the terms of the consent decree. But less than a year later, Mayor Jenny Durkan and the city council approved a contract with the Seattle Police Officers Guild (SPOG)—the largest police union in the city—that undercut an array of reforms to SPD  accountability. After outcry from accountability advocates, Robart decided that Seattle no longer met the court’s expectations for police accountability and discipline, leaving the city partially out of compliance with the consent decree.

In his ruling, Robart directed the City Attorney’s Office (CAO) to submit plans to restore the accountability reforms by July 2019. More than a year later, the city not submitted a plan. Nevertheless, in early May of 2020, City Attorney Pete Holmes filed a motion to cut back the court’s oversight of SPD, contending that SPD had “transformed itself” under the federal court’s oversight. But Robart never ruled on the city’s motion to end some portions of the consent decree, because the city withdrew the motion shortly after the killing of George Floyd by Minneapolis police officers on May 25 sparked citywide protests.

City Attorney Pete Holmes, who represented the city during Thursday’s hearing, told the court that the protests were a “stress test” for SPD’s accountability structure. However, Holmes pointed to a letter published by Interim SPD Chief Adrian Diaz on Wednesday—entitled “Surpassing Reform: SPD’s Commitment to Accountability and Transparency”—as evidence of the “spirited tenacity of SPD to provide safety and constitutional policing even in the midst of the pandemic.” Holmes also expressed his belief that the accountability agencies—the Office of Police Accountability (OPA), Office of the Inspector General (OIG), and the Community Police Commission (CPC)—are “living up to the test” presented by SPD’s protest response. Continue reading “Federal Judge: Seattle’s Path to Compliance With Consent Decree Still Unclear”