Victim in May 19 SPD Shooting Identified

By Paul Kiefer

The King County Medical Examiner’s office has provided the C is for Crank with more information about the Black man killed by Seattle Police Department officers on May 19th in Lower Queen Anne. His name was Terry J. Caver, and he was 57 years old.

The incident occurred at about 3:20 PM when at least four officers, including one with a dog, responded to a series of 911 calls describing a man displaying a knife and chasing pedestrians at the intersection of West Harrison Street and Elliott Avenue West, according to images from officers’ body cameras.

Images from body cameras show that the officers approached Caver and demanded that he get on the ground, and Caver continued to walk south on Elliott. A few seconds later, he broke into a jog and threw a piece of clothing back at the officers, revealing what appears to be a kitchen knife. The officers chased him, and Caver yelled, “You’re going to have to kill me.” When he stopped and turned back to face the officers, two – Officers Christopher Gregorio and Matthew Milburn, neither of whom have prior shootings on their records – opened fire. Caver was pronounced dead at the scene when Seattle Fire Department ,edics arrived.

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Per standard procedure in the aftermath of police shootings, representatives from the Office of Police Accountability (OPA) and the Office of the Inspector General were present for the initial investigation, but neither agency is investigating the incident; according to OPA director Andrew Myerberg, nobody—including his office—filed a complaint that would trigger an investigation.

Instead, SPD’s own Force Investigation Team will review the details of the shooting and present them before the Force Review Board for a final ruling. The review board is composed of eight SPD staff (and both the OPA director and the Inspector General as non-voting members).

After the killing of Iosia Faletogo on New Year’s Eve in 2018, SPD began collaborating with King County Sheriff to review use of force cases. As a result, the sheriff’s office is also reviewing the incident.

I have yet to find any other information about Terry Caver’s life, but this update feels incomplete without something that could cast light on who he was. My sources are fairly certain he was unhoused, and it is unclear whether he has any living relatives who might be able to offer more details about him. If you are able to provide any additional information, please email me at paul@thecisforcrank.com.

[Update on 8/13/2020]: Washington State law generally requires use-of-force investigations “completely independent of the agency whose officer was involved in the use of deadly force” (that requirement was part of I-940, a police accountability initiative passed by voters in November 2018). However, in January 2019, the state legislature amended those requirements. One of those amendments exempted law enforcement agencies under “federal consent decree, federal settlement agreement, or federal court order” from the independent investigation requirement in use of force cases. Because of that exemption, SPD’s Force Investigation Unit is allowed to investigate use-of-force incidents involving SPD officers. 

Additionally, on August 13th, a reader contacted The C is for Crank to explain that he did file a complaint about Terry Caver’s shooting. He included the case number for his complaint and an email he received from the OPA acknowledging its submission; however, the email did not include a copy of his complaint, and the OPA’s complaint tracker does not show the text of complaints. According to the complaint tracker, the complaint was marked for investigation. I have submitted a public records request to obtain a copy of that complaint. 

Police Chief Carmen Best Explains Her Decision To Resign; Durkan Says No Search For Replacement This Year

By Paul Kiefer

In a press conference Tuesday morning that she insisted was not “a wake,” Seattle Police Chief Carmen Best said she is stepping down on September 2 because, in her words, “When it’s time, it’s time.” 

Best announced her resignation to SPD’s sworn and civilian staff on Monday, shortly after the Seattle City Council voted to approve cuts to the Police Department’s budget that are supposed to be first step in a larger effort to shift resources away from traditional policing and towards community-based alternatives. Those cuts are meant to reduce the police force by roughly 100 officers (although many of those cuts will be through attrition) and cut the salaries of SPD’s command staff, including Best. After some debate about the optics of reducing the chief’s salary by nearly 40 percent, to $171,000, the council voted to cut is from $294,000 to $275,000. 

Best said she felt that the council was targeting her personally, which she said she took as a sign that she could no longer effectively lead the department. “At some point, every leader has to recognize when you can’t move the needle forward for the men and women in the organization,” she said. “I don’t want the animus that has been directed at me to affect the people who work for me. Targeting my command staff and their pay felt very vindictive and very punitive.”

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Best has consistently claimed that any layoffs would have to target the most junior officers—a more diverse group than SPD as a whole—in order to avoid age and race discrimination against white officers who have been on the force longer, and she cited this as another key factor in her decision. She also called the council’s plan for downsizing the department “duplicitous,” pointing to the council’s $1.6 million investment last year in SPD’s efforts to hire a more diverse class of recruits. “Less than a year later, we’re told to turn them all away,” she said. 

Mayor Jenny Durkan took the podium after Best to offer the chief an emotional goodbye, praising her as “the right person to help reimagine policing in this city.” Durkan’s portrayal of Best as a model reformer is not entirely surprising—driven together by ongoing protests against SPD policies in the wake of George Floyd’s murder, the two have worked together closely for the past few months—but it is a remarkable turnaround from the 2018 police chief selection process, when Durkan didn’t even include then-interim chief Best as one of the three finalists.

Like Best, Durkan also directed harsh criticism at the city council for their approach to reconfiguring the SPD budget, placing the greatest emphasis on her claim that the council actively avoided hearing input from Best. “It has been mystifying to watch city council plow ahead without talking to her, consulting with her, or listening to her pleas to be thoughtful,” Durkan said. City council member Lisa Herbold points to budget policy, established by the council and executive, that prevents department heads from consulting the council about their budget during the budget process. 

In her response to Best’s resignation and sense that the council had not shown her respect, Herbold—the council’s public safety committee chair— offered an apology. “I am deeply and sincerely sorry that the Chief feels Council’s actions have been disrespectful toward individual officers, and that our journey to reimagine community safety has been personally directed at her,” Herbold said in a statement.

But Herbold also pushed back on some of Best’s past claims that the council treated her unfairly. “After the first weekend of demonstrations, after the Chief addressed the Council, she told me that the Council had disrespected her in questioning her in committee about the actions of the police,” Herbold recalled. “Indeed, it is the Council’s job to ask questions.”

“You know what a Black city council member would have done? They would have held a press conference, even if they disagreed with the Chief, and asked why the council wasn’t consulting with the Chief.” — Community Police Commission member Rev. Harriett Walden

Other council members who voted for the cut to Best’s salary stood by their votes by expressing regret over Best’s departure. In an interview, city council member Tammy Morales said “the work that the council has been doing the past two months is not personal,” but added that while “it is important that the chief of police is responsible for the behavior of SPD during the George Floyd protests, it’s hard to see a woman of color in a leadership position make this decision. I think the city will lose out for not having somebody like her leading.”

In separate statements today, the three council members who did not vote for the pay cut— Debora Juarez, Alex Pedersen and Andrew Lewis – echoed some of Best’s criticisms. Juarez, who was not present for yesterday’s vote, was the harshest in her rebuke of her colleagues, writing that “Chief Best’s resignation is a wake-up call for the Council and the Mayor’s office that we must work cooperatively to re-envision public safety.” Juarez also placed some responsibility for Best’s resignation on demonstrators, adding, “it’s also a reminder to the public that their actions have consequences too. Harassment and intimidation are not social justice tools.”

“We know that only deep structural change—not the resignation and replacement of any single person—will protect Black lives and stop racist policing.”—Statement from Decriminalize Seattle

Juarez is the only council member who has refused meet with Every Day March demonstrators who have protested outside the homes of council members and other officials; when the marchers attempted to visit Chief Best’s home in Snohomish, they were turned away by a brigade of residents, at least one of them armed. Best later used the police department’s website to denounce the protesters and applaud her neighbors.

Community members had a mix of reactions to Best’s resignation. Reverend Harriett Walden, a member of the Community Policing Commission from its outset and a Best supporter, said the inexperienced, “anti-Black” council refused to collaborate with Best and helped drive her away. “This is the first time in 50 years that we haven’t had a Black person on the council and we’re supposed to be all right with that,” Walden said after the press conference. (Bruce Harrell, the council’s last Black member, was replaced by a Latinx woman, Tammy Morales.) “You know what a Black city council member would have done? They would have held a press conference, even if they disagreed with the Chief, and asked why the council wasn’t consulting with the Chief.”

In a statement released this afternoon, Black Lives Matter Seattle-King County seemed to agree with Walden’s assessment. “It does nothing to further our fight for authentic police accountability and the safety of Black lives that the first Black woman to hold the position of Chief of Police of the Seattle Police Department has been forced out of her job by the Seattle City Council. Racism is racism,” representatives of the organization wrote. “We demand transparency and accountability for the series of actions and inactions that led to Chief Best’s resignation. And we demand a successor that serves Black Lives.”

Decriminalize Seattle, which has been a prominent influence in the council’s recent decision-making, did not attribute Best’s resignation to racism on the council. Nor did they celebrate it as a victory. “Our goal has never been to oust Chief Best,” the group’s leadership wrote on their Facebook page this afternoon. “We know that only deep structural change—not the resignation and replacement of any single person—will protect Black lives and stop racist policing.”

When Best’s resignation takes effect on September 2nd, Durkan has chosen Deputy Chief Adrian Diaz—until recently the assistant chief responsible for the department’s collaborative policing bureau—to become the interim chief. During the press conference today, Durkan announced that she will not launch a search for a new permanent police chief this year, citing the tensions between her office and the city council and the “infuriating” cuts to the department’s budget. “If we started a search right now, I doubt that we could attract the candidates that Seattle deserves,” she said, “because they don’t know what they’re applying for.”

Seattle Police Chief Carmen Best Stepping Down September 2

By Erica C. Barnett

Shortly after the city council’s vote to reduce the Seattle Police Department’s budget about 7 percent this year—with a promise of much more to come—Seattle Police Chief Carmen Best announced she is stepping down on September 2. Assistant police chief Adrian Diaz will serve as interim chief.

The C Is for Crank independently confirmed Best’s resignation.

Best, the first African American woman to serve as police chief in Seattle’s history, has been criticized by advocates for police defunding, including those who were injured by “less-lethal” weapons such as tear gas during recent protests, and praised by the mayor and SPD supporters for defending her department in the face of proposals to cut its funding.

Best recently made headlines when she praised her neighbors in Snohomish, where she lives, for chasing away a group of protesters who attempted to go to her home; video posted by the Every Day March demonstrators show a blockade of pickup trucks across the road and at least one man wielding a shotgun.

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In a letter to her staff, Best directed her praise toward Mayor Jenny Durkan and the rank and file, thanking the mayor “for her continuous support through good times and tough times” and assuring officers that despite “these difficult times…the vast majority of people in Seattle support you and appreciate you.”

“I look forward to seeing how this department moves forward through the process of reenvisioning public safety,” Best continued. “I relish the work that will be done by all of you.

She said nothing about the city council, which voted last week to reduce her salary from nearly $300,000 to $171,000, then decided against it today.

Durkan responded to Best’s letter by sending her own letter to officers, which called Best’s leadership “unmatched nationwide, which is why it is a sad day for our City to lose her.”

Best (and the mayor) have consistently opposed attempts to defund the police department, arguing that the city has been a model of reform and transparency and that cuts would jeopardize SPD’s ability to respond to crimes in progress like burglaries and rapes.

Although Best didn’t give a specific reason for her resignation, Durkan did, saying in her letter to SPD staff that Best left because “she concluded that the best way to serve the city and help the department was a change in leadership, in the hope that would change the dynamics to move forward with the City Council.” 
“I also know it seems like the real strides SPD has made in recent years are going unrecognized,” Durkan wrote. “[Y]our work and dedication is probably more important than it has ever been, and … the city needs and supports you.”

Council Takes a Small Bite Out of Police Budget As New Forecast Predicts Even Bigger Shortfall

This post originally appeared at the South Seattle Emerald.

By Erica C. Barnett

Advocates for an immediate 50 percent cut to the Seattle Police Department’s budget may have walked away unsatisfied Monday evening, when the city council passed a midyear budget package that lopped just 7 percent off SPD’s remaining 2020 budget. But the council majority left no question that they consider the short-term cuts a down payment on a more substantive proposal next year—one that, importantly, has a shot of making it through labor negotiations with the powerful police officers’ union.

The budget would eliminate the equivalent of 100 full-time officers through a combination of layoffs and attrition. The council made requests for specific layoffs—zeroing in, for example, on the Navigation Team, the mounted patrol, and the sworn portion of SPD’s public affairs office—but they have no power to actually dictate how the police department spends it budget, which is why no “defund the police” proposal (short of eliminating the department altogether) actually requires the chief to spend her budget in the way the council wants.

As a result, the rhetoric around the council’s cuts has often been far more heated than the modest changes suggest.

Council member Kshama Sawant, who cast the lone “no” vote against the rebalancing package (Debora Juarez was absent), accused her colleagues of passing an “austerity budget” that “fails working people” because it did not include her version of the so-called “Amazon” (payroll) tax. (Budget chair Teresa Mosqueda’s retort: “No one is siding with Jeff Bezos.”)

Mayor Durkan, who has held numerous press conferences to denounce the council majority’s more modest plan, issued a statement after the vote saying it was “unfortunate Council has refused to engage in a collaborative process to work with the Mayor, Chief Best, and community members to develop a budget and policies that respond to community needs while accounting for – not just acknowledging – the significant labor and legal implications involved in transforming” SPD.

The package of bills adopted Monday would also:

• Express a commitment to creating a new a civilian-led Department of Community Safety & Violence Prevention by the end of next year—a proposal Sawant mocked as “resolution to hope to study defunding the police”;

• Start the process of civilianizing the 911 system by putting a civilian director and deputy director in charge of the 911 call center (which is already run by non-sworn SPD personnel);

• Reallocate funding that Durkan originally allocated for an expansion of probation to community groups working to mitigate the impact of COVID-19 on vulnerable populations;

• Cut the salaries of SPD’s command staff (with the exception of Best, who would see her $294,000 salary reduced by less than $20,000);

Allocate $1.7 million to non-congregate shelter, through a proviso that would prohibit Durkan’s Human Services Department from spending the money on any other purpose

• Empower the Law Enforcement Assisted Diversion program to enroll new clients into its Co-LEAD program, which has been held up by the executive branch for months, without SPD participation; and

• Earmark $17 million for community organizations working to create new systems of community safety outside the police department.

• Move millions of dollars from levy funds that were supposed to pay to expand programs or create new ones to pay for the ongoing operations of city departments, such as the Seattle Department of Transportation and the Department of Education and Early Learning;

The changes adopted Monday amend Mayor Durkan’s original budget-balancing proposal, which relied heavily on a hiring freeze, emergency funds, federal grants, and levy dollars that had been allocated for other purposes to close an anticipated shortfall of more than $200 million. On Monday morning, just minutes before the weekly council briefing meeting, the mayor’s office distributed a memo from CBO director Ben Noble projecting an additional revenue shortfall of $26 million this year alone.

Near the end of almost eight straight hours of budget discussions, council member Lisa Herbold said she wanted to state for the record that “we as a council and the mayor’s office are in a really unique position to seize upon a moment in the city and in this country” by taking seriously community demands to redefine public safety and defund the police. “I am hopeful that we are more aligned in our desire to do that than it has appeared in the last two weeks.”

That hope seems optimistic. In adopting the midyear budget Monday, the council rejected Durkan’s proposal to discard the historical practice of two-year budgeting, demanded a report that would provide more transparency into how SPD is actually spending its budget, and prepared to overturn Durkan’s veto of a COVID relief plan that would temporarily drain the city’s emergency reserves until they can be replenished with funds from the new payroll tax that goes into effect in 2022. The council will start the whole process over again next month, when the mayor proposes her 2021 budget.

Ending the Navigation Team Isn’t As Easy As Just Cutting their Budget

By Erica C. Barnett

Tomorrow, the Seattle city council will take its most definitive action yet to eliminate the Navigation Team—a group of police, litter removal workers, and outreach staff that removes encampments from public places—by voting on a mid-year package of budget cuts that eliminates funding for the program. But the ultimate fate of the team will lie with Mayor Jenny Durkan and Police Chief Carmen Best, who have the final say over departmental spending.

The two votes attempt to cut the team, which costs the city around $8.4 million a year, using two different types of budget actions. The first vote would prohibit SPD from spending money allocating 14 of its officers to the Navigation Team, using a spending restriction called a proviso to remove police from the team. The second would cut funding for the rest of the team, which includes staffers from the Human Services and Parks departments, and direct the mayor to reallocate that funding to contractors that do outreach and engagement to people experiencing homelessness, such as the nonprofit group REACH. REACH was originally part of the Navigation Team, but stopped participating alongside police as the team shifted its emphasis to encampment removals.

“The Navigation Team exists for the purpose of forcing people to move without giving them somewhere better to go,” Alison Eisinger, the longtime director of the Seattle/King County Coalition on Homelessness, said after last week’s vote.Shelters and tiny house villages were routinely full before the pandemic, when the team performed multiple sweeps every week, and since then, the city has added fewer than 100 new shelter beds.

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“The number one thing that determines whether or not somebody who is homeless and without shelter gets off the streets is whether or not there is an accessible, appropriate, available better alternative—and the person who can connect them to that alternative is a person who has some kind of trust relationship with them,” Eisinger said.

Although the team was originally envisioned as collaboration between police and human service providers that would combine the stick of enforcement with the carrot of shelter and services—the “navigation” part of the equation—its role shifted under Mayor Jenny Durkan, and in recent years it has focused primarily on removing “obstruction” encampments from parks and other public spaces, a type of action that does not require any prior notice or offer of services or a better place to go.

Durkan has resisted every effort to cut the Navigation Team, which has nearly doubled in size since it was created in 2017. In 2018, Durkan even characterized a move by the council efforts to merely slow down the expansion of the team as a devastating “cut.”

Given that history, council members and advocates are worried that Durkan will simply ignore their budget directives. Although the budget proviso says SPD can’t spend the money it had allocated this year for the Navigation Team, it acknowledges that any effort to lay off the officers on the team will create labor issues—a problem Paul wrote about in detail on Friday.

“This action will dramatically restrict the City’s ability to address unauthorized encampments on City property and will significantly impact the City’s ability to ensure that Seattle is safe, healthy, clean, and accessible for all residents, both unhoused and housed.”—Human Services Director Jason Johnson

Additionally, the chief could ignore the council’s directive to reassign the 14 officers and look for savings elsewhere in the department, or move the officers off the Navigation Team without actually cutting the size of the police force. Hammering out those issues could delay any cuts to the sworn portion of the team.

A bigger barrier for those hoping to eliminate the Navigation Team is that unless the council uses a proviso to explicitly restrict spending, city law does not require the mayor to obey the council’s budget directives. Historically, this hasn’t been a problem, because the council and mayor have had an understanding that, with some exceptions, the mayor will spend the budget in the manner the council directs. But Durkan has repeatedly ignored the council’s directions when she has disagreed with them, leaving open the possibility that she will do so with the Navigation Team as well.

For example, Durkan recently used $1.4 million intended for non-congregate shelter on rental assistance; failed to spend money the council allocated for mobile showers; and has refused to approve an expansion of the LEAD program that could have temporarily housed dozens of people and provided them with case management and a path out of the criminal justice system. The open warfare between the mayor and council could well lead to a situation where the council issues a forceful directive to defund the Navigation Team—and the mayor shrugs.

“There’s no reason to believe that the city will not pick up garbage without having the Navigation Team in existence. It did it before and it can do it again.”—City Council member Tammy Morales

REACH director Chloe Gale, who testified before last week’s vote that the Navigation Team “conduct[s] expedient, politically motivated transactions that result in continuous displacement and trauma,” says Durkan “has a lot of opportunities to not implement this, and she also can set things up to fail by not having responses where you need to have responses in the community.”

In a scathing letter to the council last week, HSD director Jason Johnson suggested that without the Navigation Team—specifically, the four “field coordinators” from HSD and Parks— the city would be unable to respond to the more than 16,000 calls for service it receives about encampments each year.

“This action will dramatically restrict the City’s ability to address unauthorized encampments on City property and will significantly impact the City’s ability to ensure that Seattle is safe, healthy, clean, and accessible for all residents, both unhoused and housed,” Johnson wrote. “The Council’s actions effectively returns the City’s response to unsheltered homelessness to a pre-2017 model where service providers alone were the City’s response to encampments. This model was a failure, demonstrated by the proliferation of large, unsafe and unhealthy encampments that spread across Seattle.”

Council member Tammy Morales, who sponsored the amendment to defund the Navigation Team, countered last week that the council has heard from outreach workers that litter pickup and removing tents that are blocking entire sidewalks “is really important, but they would like someone else to be doing it so they can focus on outreach and engagement.” Eisinger adds: “There’s no reason to believe that the city will not pick up garbage without having the Navigation Team in existence. It did it before and it can do it again.”

Eliminating the Navigation Team would not prevent the police from removing encampments without prior notice—a fact Gale says still needs to be addressed, whatever happens to the official team. Police are still authorized to remove encampments that constitute “obstructions” with little or no notice, and will retain the ability to do so even if the Navigation Team goes away. Police were taught to “define an obstruction or hazard [as] all right-of-way and every piece of park property,” Gale says—a definition that has allowed the Navigation Team, as well as regular SPD officers, to remove encampments without any notice or offers of shelter or services.

Council budget chair Teresa Mosqueda says Johnson is wrong when he says the council has no plan to respond to encampments without the Navigation Team. “There is a plan, and it’s not just a plan it’s a program that’s already in place,” she says. “We have partners like REACH and LEAD who are already doing this work and are already showing better outcomes at getting folks into housing options and shelter options. It’s a matter of directing funding out of the Navigation Team and into REACH and LEAD and other organizations that have already built trust” with people experiencing homelessness, she says.

Johnson’s letter explicitly calls out REACH, specifically, as a “data-less model” that “cannot produce the same level of data, detail, or examples of success” as the Navigation Team. “This is another example of a budgeting process that is untethered from operational impact, designed to achieve a near-sighted and expedite political outcome— with little regard to City employees or the people the Navigation Team serves.”

Eisinger counters that existing providers could be very effective if they were actually funded sufficiently, empowered, and provided access to shelter and housing options. (Currently, the Navigation Team has exclusive access to many of the enhanced shelter beds that people prefer, including the entire Navigation Center). “I think what’s going on now is a much longer, larger, long-overdue conversation about where to prioritize public dollars,” Eisinger says.Eight point four million dollars a year could go a log way towards increasing quality, culturally appropriate, community-based, non-congregate, accessible shelter and affordable housing.

“Out-of-Order” Layoffs at Center of Police Defunding Debate

Seattle police chief Carmen Best

By Paul Kiefer

For the past several weeks, Mayor Jenny Durkan and Seattle Police Chief Carmen Best have argued that the City Council’s plan to reduce SPD’s budget through targeted layoffs would be infeasible and potentially illegal. Council members say that isn’t true, and argue that the mayor and police chief are digging in their heels because they don’t want to do any layoffs at all.

The council’s proposal would use a series of provisos (legally binding restrictions on spending) to eliminate 70 sworn staff, although the council assumes some of this reduction would be through higher-than-normal attrition. The cuts would come both from specific areas—such the elimination of the Navigation Team—and SPD’s general budget. Council members have suggested that the police department prioritize officers with multiple sustained misconduct complaints when making discretionary layoffs.

The mayor and police chief have said labor rules require SPD to lay off its newest hires first. Those rules are the purview of the Public Safety Civil Service Commission (PSCSC): a three-member quasi-judicial body with one member appointed by the council, another by the mayor, and a third elected by the city’s civil service employees.

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Implementing the PSCSC rules as written would require laying off the youngest, most diverse group of recruits in SPD’s history—a group, Durkan said during a press conference Wednesday, who “joined the force knowing that [SPD was] under federal oversight” and are therefore “committed to reform.”  Conversely, doing layoffs out of order would require eliminating the jobs of more white men—a move that Durkan and Best argue could constitute racial discrimination against white officers.

“You can’t make layoffs based on race,” Chief Best said during a press conference Thursday. “I think the [council’s] request would be to skip over some folks in order to retain people based on race and I don’t think that’s allowable.”

“The executive and council should work together to figure out how to use it to meet our shared objectives, and we should not start with the supposition that a rule that exists to be used can’t be used.”—Seattle City Council member Lisa Herbold

Best isn’t alone in this concern. In a council discussion of the proposal late last month, council member Debora Juarez said out-of-order layoffs could constitute “discrimination based on age and sex” and a violation of the 14th amendment. “The means doesn’t always justify the ends if it’s illegal,” Juarez said.

Council member Lisa Herbold, who chairs the council’s public safety committee, and the other council members who support the proposed cuts, are counting on a rarely (if ever)-used clause in the PSCSC’s rules that allows the police chief to request the permission of the PSCSC director for out-of-order layoffs if they would serve the “efficient operation” of the department.

The problem, according to a letter that Office of Labor Relations director Bobby Humes sent to Durkan’s office on Tuesday, is that “[t]his rule has never before been cited or tested, and there is no definition of what the ‘efficient’ operation of the department looks like.”

However, it’s unclear that it’s true that the rule hasn’t been tested; on Wednesday, for example, Durkan said the rule has “historically been used” for individual layoffs. And Durkan’s assertion that Best would “have to justify every single” request for an out-of-order layoff is somewhat at odds with Humes’ memo, which only mentions a possibility that Best may have to justify each individual layoff.

“The [council’s] request would be to skip over some folks in order to retain people based on race and I don’t think that’s allowable.”—Seattle Police Chief Carmen Best


A memo explaining the mayor’s position on out-of-order layoffs distributed to members of the media this week does not list legal precedents to back her statement that out-of-order layoffs would need to be argued individually.

In a press conference with council president Lorena Gonzalez and council member Tammy Morales on Thursday, Herbold responded to some of the mayor and police chief’s claims, starting with Durkan’s claims that out-of-order layoffs are impossible. “The rule exists, and thus it can be used,” said Herbold. “The executive and council should work together to figure out how to use it to meet our shared objectives, and we should not start with the supposition that a rule that exists to be used can’t be used.”

Herbold added that she and her colleagues hope to collaborate with Best to craft the requests for out-of-order layoffs to be sent to PSCSC Director Laura Scheele. The question now, according to Herbold, “is whether [Best] will work with us in developing a request… that has the best chance to preserve the diversity of the police department in a way that is constitutional, legal according to labor law, does not choose layoffs by race, and preserves the efficient functioning of the department as the rule itself requires.”

Best has not yet said whether she would be willing to bring a request for out-of-order layoffs to the PSCSC. At Thursday’s press conference, she said that the council had not asked her to sit down with them (although the council has talked to other members of SPD’s command staff), and said “it definitely feels very personal to me.”

Herbold and her colleagues are still working with the city’s law department to review their options for arguing that out-of-order layoffs serve the “efficient operation” of SPD. She says one of the council’s proposed strategies– targeting officers with extensive records of complaints – would be based on the argument that the time and resources spent processing complaints, disciplinary actions, and appeals undermine the department’s efficiency. However, Herbold acknowledged that the council will have to grapple with the possibility that their strategy will be challenged on the grounds that it involves punishing officers twice for the same offense, which could be illegal.

At the front of Herbold’s mind, however, is convincing Best to bring requests for out-of-order layoffs to PSCSC Director Laura Scheele. “She’s the one who has to make the argument,” says Herbold. “She runs the department, so she’s best placed to make the argument.”