The Council Just Created a Blueprint for Defunding the Police, but Mayor Durkan Isn’t On Board

By Erica C. Barnett

This piece originally appeared at the South Seattle Emerald.

The city council’s budget committee approved package of cuts to the Seattle Police Department budget that would reduce the department’s size by about $3 million, representing around 100 positions, this year;, remove police from the Navigation Team, which removes unauthorized homeless encampments; and start the city on a path to fund new approaches to public safety that don’t involved armed officers. Most of the proposals aren’t direct budget cuts—which the mayor could simply ignore—but budget provisos, which bar the executive branch from spending money in a way other than how the council prescribes.

The council also voted narrowly to dismantle the Navigation Team itself, by laying off or transferring not just the 14 police officers on the team but the system navigators, field coordinators, and other civilian staff who do outreach to encampment residents and remove litter, sharps, and debris. (Those positions would be replaced by contracted service providers, which is how encampment outreach worked before the city brought it in-house last year). And they agreed in principle to $17 million in funding for community organizations, including $3 million to start a participatory budgeting process for 2021. 

Other cuts would eliminate the mounted patrol, cut SPD’s travel budget, eliminate the school resource officer program, and reduce the size of the public affairs department. Some of the 2020 reductions would be achieved be through attrition—eliminating vacant positions or not filling positions when officers leave.

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Another amendment, adopted 5-4, would reduce this year’s pay for SPD’s 13 command staff to the lowest rate allowed in their designated pay bands, a cut that would save around half a million dollars between September and the end of the year, according to sponsor Kshama Sawant. If the cuts were annualized, they would reduce the command staff’s pay by an average of $115,000 a year; police chief Carmen Best, who makes almost $300,000 a year, would see her salary cut to $171,000,.

In response to the council’s vote, a spokesperson for Mayor Jenny Durkan called the council’s proposal “unattainable and unworkable.”

“[With] a few hours’ discussion and without consulting the Chief of Police, City Council has voted to reduce the police force by 105 this year, cut the Chief’s salary by 40 percent, and eliminate the City’s team of specially trained social workers that conduct outreach and address encampments and RVs that pose significant public health and safety concerns,” the spokesperson said. 

The council is assuming that layoffs would have to be bargained with the police union and couldn’t occur until at least November, so the savings from cuts would work out to a higher dollar amount next year, when they would, in theory, be annualized. According to council budget chair Teresa Mosqueda, the cuts and transfers the council is proposing this year would amount to about $170 million in 2021, or about 41 percent of the police department’s budget.

“[With] a few hours’ discussion and without consulting the Chief of Police, City Council has voted to reduce the police force by 105 this year, cut the Chief’s salary by 40 percent, and eliminate the City’s team of specially trained social workers that conduct outreach and address encampments and RVs that pose significant public health and safety concerns.”—Statement from Mayor Jenny Durkan’s office

Taken together, the council’s amendments lay out a path forward for future cuts, and a commitment to reinvesting programs guided by the principles of community groups like the Decriminalize Seattle coalition. It’s important to know, however, that while the council can tell the mayor how it wants her to spend the budget, she is generally free to ignore their direction. (See, for example, the administration’s reluctance to expand the Law Enforcement Assisted Diversion program to provide hotel rooms and assistance to people living outdoors during the pandemic, or to pay for mobile showers for which funding was allocated last November)

In acknowledgement of this power differential—and the fact that labor negotiations may take longer than three months—each of the provisos includes a caveat ensuring that officers will still get paid if the city fails to reach agreement on specific layoffs by November, when the council majority wants the cuts to go into effect. “In every single one of the provisos that reduce spending … the council acknowledges that the chief may realize reductions differently than what the council is proposing,” public safety committee chair Lisa Herbold said. “These provisos are our recommendation for how to achieve the reductions based on the advice that we’ve received that make it more likely that we will be successful in bargaining.”

Across administrations, mayors and councils tend to bicker along predictable lines: The executive branch dismisses the council as ill-informed and naive, while the council accuses the mayor of obstructing progress and ignoring their directives. But the enmity between the two co-equal branches has reached a level under Durkan that many longtime city hall staffers call unprecedented.

Yesterday, for example, Durkan and Best called a press conference to condemn the council’s proposals, one of several they’ve held throughout the council’s budget process. During their prepared remarks, the mayor and chief suggested that cutting the police department would create a “gap in service” for people calling to report major crimes like burglaries and rapes, and accused council members of wanting to lay off officers “by race” because the usual order of layoffs would mean cutting the newest, most diverse cohorts of officers first.

“The mayor does not agree with the city council and a majority of the people of Seattle who believe that we need to substantially reduce the size and scope of the police department, and as a result she is spreading misinformation and fear about what the council intends to do in order to undermine our genuine efforts to transform comm safety in our city.”—Council president Lorena González

The council maintains that the police chief could go to the Public Safety Civil Service Commission to request out-of-order layoffs, but the mayor has argued this wouldn’t be practical on a mass scale. “For over a month, the Chief and Mayor have received guidance from labor relations and law that out-of-order layoffs are unlikely to be finalized in 2020, and will therefore not result in 2020 budget reductions,” the mayor’s spokesperson said.

Council president Lorena González said today that she was “disappointed” that “our labor relations division, which lives in the executive department, [is being] utilized in a politically motivated fashion to advance the goal of never seeing layoffs of badge and gun jobs at the Seattle Police Department.” González suggested the real issue is that Durkan “does not agree with the city council and a majority of the people of Seattle who believe that we need to substantially reduce the size and scope of the police department, and as a result she is spreading misinformation and fear about what the council intends to do in order to undermine our genuine efforts to transform comm safety in our city.”

The council’s unanimous vote for one of the most impactful pieces of defunding legislation—an amendment directing the chief to issue “immediately issue layoff notices” to 32 sworn officers—can be seen as an effort to show a unified front. Or it could be a sign that the often-divided council is in genuine agreement on an approach to defunding SPD. Some of the most surprising remarks this afternoon came from council member Alex Pedersen, whose house has been targeted by protesters urging him to support the goal of defunding SPD by 50 percent. Addressing police officers directly, Pedersen said, “I appreciate the good work so many of you do. At the same time, you’re asked to do too much. You’re sent into complex situations that other professionals in our community might be better equipped to handle.

“You’re also part of a system born out of racism,” Pedersen continued, “and despite progress and reforms, that institutional racism of police departments here and across the nation continues to have a disproportionate negative impact on people of color. By rethinking what public safety really means, by centering Black and Indigenous people and people of color, by taking a thoughtful approach, we can seize this historic opportunity to disrupt institutional racism and achieve real community safety.”

Durkan, Best Decry Council’s Proposed SPD Budget Cuts as Too Fast, “Wrong Year”

By Paul Kiefer

In a joint press conference Tuesday afternoon, Mayor Jenny Durkan responded to the City Council’s proposal to cut the Seattle Police Department’s remaining 2020 budget by about $3 million with backhanded praise, saying the council was “looking in the right places but in the wrong year.”

The majority of the council, with the exception of Kshama Sawant, has united around a plan that would cut 100 positions from SPD’s budget, relying on a combination of attrition and layoffs that would, if all goes according to schedule, start in November. The midyear budget discussions were sparked by an unanticipated 2020 budget shortfall of more than $300 million.

In her remarks, Durkan emphasized that any major reforms to SPD will take a year or more to implement because of the combined challenges of the pandemic, the West Seattle Bridge closure and (ironically) months of protests. “2020 is not the best playing field to discuss further reductions to SPD and reinvestment in community,” Durkan said.

The proposed layoffs, though they would only amount to about half the cuts, have been a point of contention for Best and Durkan, who maintain the council has no legal authority to propose “out of order” layoffs of more-senior officers.

Ordinarily, the least-senior police officers are subject to layoffs first. But this, Durkan and Best said, would “gut” the most diverse group of officers in SPD’s history and reverse progress on improving the diversity of the police department. (Best characterized this possibility as the council proposing “layoffs based on race.”) To get around this problem, the council has proposed “out of order” layoffs targeting officers doing functions the council wants to reduce or eliminate, like SWAT and the Navigation Team.

According to Durkan, while a Public Safety Civil Service Commission (PSCSC) rule allowing the police chief to request out-of-order layoffs has been used in the past for individual cases, doing so on the scale suggested by the city council would require Chief Best to “justify every single decision,” which would draw out the layoff process well past the end of the year. I have followed up with the mayor’s office for clarification about the legal reasoning behind this claim.

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Best also criticized the council for proposing that her department lay off dozens of officers “basically overnight,” arguing that there would be a “service gap” while the city researches and organizes alternative emergency response teams. This gap could mean, she claimed, that when someone called 911 at midnight to report a rape or robbery in process, an officer might not be able to respond right away. None of the specific positions the council has proposed cutting are patrol officers who respond to 911 calls.

Durkan and Best did not accurately characterize several of the council’s other proposals, including their plan to civilianize data-driven policing by transferring this division—which analyzes policing data and makes much of it available to the public— from SPD to the Department of Finance and Administrative Services (FAS). Although the council has said they proposed the move to put police data in more objective civilian hands, Best said the council believed that “we would be better off as a police department if we do not use data.”

In another instance, Best said the council’s proposed layoffs would completely eliminate SPD’s public affairs unit, forcing the media to submit all questions to the separate public records division. In fact, although one council amendment would result in the layoffs of all four sworn staff in the department’s Public Affairs Unit, that proviso would not affect the unit’s civilian staff, who also respond to press questions.

Similarly, Mayor Durkan accused the council of proposing the complete elimination of implicit bias training from the department. In reality, the council’s proposal would withhold funding for implicit bias trainings “until the Executive submits a report describing the effectiveness of shifting officer behavior through implicit bias trainings,” and would direct the department to look into online trainings as a cheaper option. 

Durkan has already proposed $76 million in cuts to SPD budget in 2021, but most of those savings would result from transferring some functions, like the 911 call center and the Office of Police Accountability, out of SPD. Only $20 million would come from cuts to the SPD budget, mostly through attrition, leaving positions vacant, and cutting the budget for security at special events.

The council will take up the budget proposals—including council member Kshama Sawant’s competing package, which calls for much deeper and more immediate cuts—tomorrow morning at 10am.

 

Nonviolent Protests at Officials’ Houses Are Protected Speech. Political Leaders Want to Shut Them Down.

“Pyrotechnic explosives” recovered by police executing a search warrant after recent protests

Elected officials and the police chief of Seattle, who holds the most powerful unelected position in city government, have come together in opposition to a form of behavior that all agree is inexcusable, reprehensible, and violates “every democratic principle that guides our nation.”

No, I’m not talking about teargassing and shooting rubber bullets into the bodies of protesters, or the fact that the budget for the police department dwarfs that for human and social services. I’m referring to the fact that protesters are showing up at officials’ homes—specifically, the homes of most city council members, the mayor, the county executive, and Police Chief Carmen Best—to demonstrate for police defunding and against police violence, including the violence against protesters that helped spur the current protest movement.

Over the last few weeks, the mayor, council members, and their surrogates have suggested repeatedly that protesting outside these officials’ houses, in and of itself, is a violent act that exists beyond the bounds of “decency” and civility. They have maintained, further, that spray-painting the street in front of people’s homes—an act that has recent local precedent at the Capitol Hill Organized Protest, where slogans briefly filled pavement and walls in a neighborhood where hundreds of people live—is an act of violence. (The fact that people in the CHOP area live in apartments, as opposed to the officials who own one or more houses, speaks volumes about which Seattle residents these officials believe have a right to peace and quiet in their homes.)

This weekend, the Seattle Times also condemned the protests, saying that “nighttime marches to council members” are not a legitimate form protest but a form of “bullying” and “intimidating” that is “downright Trumpian.”

To give just one example: A recent email from the Neighborhoods for Safe Streets PAC, which was originally formed in opposition to bike lanes on 35th Ave. NE, suggested that protesters who left “‘defund the police’ literature” at Juarez’s doorstep were “trespassing” and engaging in “illegal intimidation tactics.” (For the record, leaving campaign or other political literature at people’s doors is very common, especially during elections, and is not illegal.)

This weekend, the Seattle Times also condemned the protests, saying that “nighttime marches to council members” are not a legitimate form protest but a form of “bullying” and “intimidating” that is “downright Trumpian.”

And just yesterday, police Chief Carmen Best applauded residents of rural Snohomish, some of them reportedly armed, for blockading roads with pickup trucks and prohibiting protesters from walking down public streets toward “a residence” she owns in the town.

“My neighbors were concerned by such a large group, but they were successful in ensuring the crowd was not able to trespass or engage in other illegal behavior in the area, despite repeated attempts to do so,” Best wrote in a letter demanding that the city council denounce the protests. “These direct actions against elected officials, and especially civil servants like myself, are out of line with and go against every democratic principle that guides our nation.” Best’s letter concluded by accusing protesters of “engaging in violence and intimidation.”

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In fact, the practice of protesting at powerful elected and unelected officials’ homes has a very long tradition in the United States, going back at least to the Civil Rights movement of the 1960s. The principle behind protests of this kind over the decades has been that people feel unable to access their leaders through “ordinary” means, such as requesting meetings and showing up at City Hall, so they take the protest to their houses.

In Seattle, the tradition of protesting outside leaders’ homes has recent precedent in the SHARE/WHEEL protests of 2009, when activists demanding funds for bus tickets camped overnight at city council members’ houses, in 2012 when homeless advocates showed up at then-mayor Mike McGinn’s house, and in 2016 when Black Lives Matter protesters set up shop outside former mayor Ed Murray’s house to protest his support for a new youth jail.

Then as now, some officials—including then-council member Bruce Harrell—came out to talk to the protesters and listen to their concerns, an act that defused the situation considerably, since, again, one motivation for showing up at people’s houses is frustration at not feeling heard.

Today, protests at elected leaders’ homes aren’t just normalized—they’re typical. As much as Seattle likes to see itself as unique in both our political progressiveness and our collective response to injustice, protesters are gathering outside the homes of local officials in cities across the country—from St. Petersburg, FL to New York to San Francisco. To watch these protests is to watch a norm shifting in real time: Standing outside elected officials’ houses and waving signs or painting on the street was a phenomenon that wasn’t all that common—until now, when it very much is. Continue reading “Nonviolent Protests at Officials’ Houses Are Protected Speech. Political Leaders Want to Shut Them Down.”

Breaking News: The C Is for Crank Is Expanding!

Image by Gerhard G. from Pixabay

I’m really excited to announce that The C Is for Crank has hired Paul Faruq Kiefer as our new police accountability reporter.

Paul’s impressive resume includes experience as a member of the RadioActive Youth Media team at KUOW, where he produced this award-winning feature; a news internship at WUNC radio in Durham, NC; and freelance work for KUNF in Fayetteville, AR, the Progressive, and the South Seattle Emerald, where he first caught my attention as part of the reporting team that produced this story about the pandemic’s impact on active drug users.

Paul will be covering the entire police-accountability beat, including the upcoming Seattle Police Officers Guild contract negotiations; the debate over how, and by how much, to cut the Seattle Police Department’s budget; the city’s response to protests against police brutality, which is currently playing out in court; and the role of the city’s alphabet-soup accountability agencies, among what I’m sure will be many other stories.

At a time when other media outlets are contracting and laying off staff, it’s exciting to be able to announce that this site is expanding, thanks in HUGE part to support from readers like you! After I posted that I was raising money to supplement grant funding for this position, readers stepped up and kicked in well over the initial $5,000 goal, which will make this position sustainable for at least one year. If you’d like to contribute to The C Is for Crank’s ongoing operations, or this position specifically, all your options are here.

Thanks for your support, and please join me in welcoming Paul—who can be reached at paul@thecisforcrank.com—to the team!

Poll: Most Seattle Voters Support Police Defunding

A poll conducted by EMC Research found that a slight majority of likely voters in the upcoming mayoral election support the concept of defunding the Seattle Police Department, although they were divided on how fast and how to make that happen.

The live phone poll, taken between July 22 and July 27, found that 53 percent of likely voters supported the general idea of a plan that would “permanently cut the Seattle Police Department’s budget by 50% and shift that money to social services and community-based programs,” with 36 percent saying they strongly support such a plan. Forty-five percent said they opposed the idea, with 29 percent strongly opposed.

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If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going.

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By wide margins, poll respondents said they trusted Seattle Police Chief Carmen Best over any Seattle elected official, or the “Defund the Police movement,” to make “fundamental changes to SPD while protecting public safety”—61 percent said they trusted Best, compared to 49 percent who said they trusted Mayor Jenny Durkan and 47 percent who said they trusted the City Council or the defunding movement. Interestingly, just 42 percent said they trusted “the Seattle Police Department,” as opposed to Best, to make fundamental changes to SPD.

Researchers also polled people on two messages, one ostensibly representing the perspective of the city council and one ostensibly representing the perspective of the mayor, as well as a third message of general opposition to any cuts to SPD at all. Based on the wording of those messages, people were more likely to agree with the mayor’s purported point of view (“the city council is rushing ahead without any concrete plans”) than the council’s (“he only way to create meaningful change is to dismantle and rebuild SPD from the ground up.”)

However, both statements are misleading in ways that could make people more likely to side with the mayor’s go-slow point of view. The council has not actually proposed cutting the police department in half right away, as the question implies (nor would this be possible, given bargaining requirements and the federal consent decree), nor does the mayor’s current plan propose “fund[ing] alternative approaches to policing including social services and community-based programs.” Instead, the cuts the mayor has proposed would either be on-paper shifts of responsibilities to other departments or savings that would be used to help plug an immediate $300-million-plus budget hole.

I’ve asked EMC to provide more information about the poll, including any additional questions that weren’t included in their nine-page presentation, and will update this post if I hear back.

A separate poll earlier this month, conducted by Patinkin Research on behalf of UFCW Local 21, found that Durkan had a net favorability rating (the difference between the percentage of voters with favorable and unfavorable opinions) of 5 percent, and compared that number unfavorably to an EMC poll from 2018 that showed Durkan with net favorability rating of 38 percent. Since polls of different groups of voters by different firms are not directly comparable, additional information from EMC could shed light on how voters view the mayor now compared to two years ago.

City Considered, and Rejected, “Voluntary Relocation” Policy for Homeless Encampments

An encampment on South King Street, just prior to removal. Within days, tents had popped up a block away on South Jackson Street.

Seattle’s Navigation Team, a group of Human Services Department staffers and Seattle police officers that removes homeless encampments from parks and other public spaces, considered formally adopting a new policy under which homeless people removed from one location would be told to “voluntarily relocate” to another spot, either “self-selected” or identified by the city, internal memos and emails obtained through a records request reveal.

The discussions took place in April, as HSD, the parks department, and the mayor’s office discussed how to deal with an encampment near the Navigation Center, a low-barrier shelter that is perennially full.

In an April 16 memo to deputy mayor Casey Sixkiller, HSD director Jason Johnson laid out a plan in which the Navigation Team would “encourage and support individuals residing on the [Navigation Center] stairs to accept shelter resources or to voluntarily relocate to a wide stretch of sidewalk at S Dearborn St & 10th Ave S.”

Congregate shelters at Garfield and Miller Community Centers, and at the Southwest Teen Life Center in West Seattle, are scheduled to shut down on August 24, and it’s currently unclear where the homeless men (Miller), women (Garfield) and young adults (Teen Life) will go.

The site was chosen, according to the memo, because it was wide enough to allow some pedestrian access, close to a proposed hygiene station, and accessible for emergency and sanitation workers. (Other emails indicate that the Navigation Team also considered identifying “a large parking lot that people can be directed to camp in” after being removed from around the Navigation center). In an email to Navigation Team members and HSD staffers expanding on the memo, Navigation Team director Tara Beck indicated that people living in encampments slated for removal would be told to “self-select areas to relocate to”—a more politic way of saying, “Move along.”

Before the pandemic, the Navigation Team removed dozens of encampments every month, avoiding a legal requirement that they provide advance notice and offer shelter and services to every encampment resident by designating most encampments as “obstructions,” which are exempt from those requirements.

Since mid-March, in recognition of the fact that moving people from place to place could accelerate the spread of the virus, the team has only conducted a handful of large-scale encampment removals. After each such operation, the city has said that every unsheltered person remaining at a location on the day of a swee received a legitimate offer of shelter that was accessible and appropriate for their specific circumstances. Nonetheless, it’s an easily observable fact that encampments tend to come back after they’re removed, a sign that people either aren’t actually showing up in shelter or aren’t staying there.

Support The C Is for Crank

The C Is for Crank is supported entirely by generous contributions from readers like you.

If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going.

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. I’m truly grateful for your support.

The proposal to formalize the city’s informal practice of shuffling people from place to place, had it been adopted, would have been a rare, if tacit, admission that the city can’t accommodate the needs of all the people living on its streets within the current shelter system. Moreover, by conceding that the best they are able to offer many homeless people is a different camping spot, the city would have also had to acknowledge that it would rather have people living in tents on sidewalks during the COVID-19 pandemic than offer them space in vacant motel rooms, as many other cities across the country—but not Seattle—have done.

Ultimately, the city decided not to adopt the new “voluntary relocation” policy. According to HSD spokesman Will Lemke, in the case of the Navigation Center encampment, HSD “opted to offer shelter and service rather than suggest that people move nearby.” But the discussions that took place back then shine a light on the city’s early thinking about how to deal with encampments at a time when they are temporarily unable to simply declare encampments “obstructions” and remove them.

The tension over how to deal with the 8,000 people experiencing homelessness in Seattle—a number that could soon swell as unemployment benefits dry up and eviction moratoriums end—isn’t going to let up. Currently, the Navigation Team has exclusive referral rights to most of the 95 new shelter and tiny house village beds that opened in response to the pandemic. If encampment removals start up again in earnest, those 95 beds won’t just be inadequate—they’ll be overrun.

As the pandemic drags on into its seventh month, the city is actually preparing to close shelters at community centers that were originally opened as “redistribution” sites for existing shelters where conditions were too crowded. Congregate shelters at Garfield and Miller Community Centers, and at the Southwest Teen Life Center in West Seattle, are scheduled to shut down on August 24, and it’s currently unclear where the homeless men (Miller), women (Garfield) and young adults (Teen Life) will go.

The proposal to formalize the city’s informal practice of shuffling people from place to place, had it been adopted, would have been a rare, if tacit, admission that the city can’t accommodate the needs of all the people living on its streets

One place they won’t be moving is to the enormous “shelter tent” that deputy mayor Sixkiller said was coming back in April. The tent was supposed to provide shelter for up to 250 clients of the Salvation Army, which is currently operating shelters out of City Hall and in Seattle Center.

Documents obtained through a second records request show the enormous cost and size of the tent, which would have been provided by Volo Events, “a leading producer of live events and experiential marketing agency” and cost nearly $1 million—just for the tent—for two months. The 30,000-square-foot tent was going to be set up inside another structure—most likely Memorial Stadium.