Tag: Adrian Diaz

In Reversal, Council Keeps Durkan’s Expanded Police Budget Mostly Intact

Seattle interim police chief Adrian Diaz.
Seattle interim police chief Adrian Diaz

By Paul Kiefer

The Seattle City Council voted Thursday to leave Mayor Jenny Durkan’s proposal for the Seattle Police Department’s 2022 budget largely intact, and in the process put an internal messaging battle—whether to attempt to make peace with SPD or repurpose dollars from the department’s budget in the future—in the spotlight.

The council’s decision to leave Durkan’s budget largely untouched was preceded by a dramatic last-minute press release from Interim Seattle Police Chief Adrian Diaz, who inaccurately claimed that council president Lorena González had proposed eliminating more than 100 officers’ jobs. In reality, González’s amendment would have eliminated the spending authority for 101 positions that SPD doesn’t expect to fill in 2022. While Durkan’s budget has already redistributed the unspent salaries for other purposes in 2022, the amendment would have allowed the council to repurpose more than $17 million in future years.

The amendment struck at a pillar of SPD’s accounting strategy: asking the council to leave space in the department’s budget for dozens of positions that SPD can’t feasibly fill and redirecting the unspent salaries elsewhere in the department. In 2022, SPD expects to have 134 vacant positions, leaving a total of $19 million in unspent salaries that the department intends to use for other purposes, including new civilian staff and equipment.

The strategy is unique to SPD; while other department have vacant positions, only SPD builds a noteworthy portion of its budget around vacancies that it doesn’t expect to fill. González’s amendment also left a 33-vacancy “cushion” in case SPD surpasses its hiring goals, leaving the department with a maximum of 1,256 officers in 2022.

Diaz’s press release forced González and her colleagues to re-hash a familiar debate about whether the council’s budget proposal would restrict the department’s growth or simply bring an end to an unusual accounting trick that gives SPD an annual surplus to spend as it chooses—a privilege, González noted, that no other city department enjoys.

González’s failed amendment struck at a pillar of SPD’s accounting strategy: asking the council to leave space in the department’s budget for dozens of positions that SPD can’t feasibly fill and redirecting the unspent salaries elsewhere in the department.

The interim chief isn’t asking the council for wiggle room or a reasonable level of discretionary funding. He is apparently demanding a blank check and zero fiscal accountability or scrutiny,” González said, calling Diaz’ statement either a “gross, intentional misrepresentation” or a “gross misunderstanding” of her amendment.

A slim majority of the council voted against the amendment, signaling their wariness to engage in a battle with SPD after a year of acrimony with the police department.

In the week and a half since council budget chair Teresa Mosqueda debuted revisions to Durkan’s proposal for the SPD budget, the council has seen an onslaught of accusations from Durkan, mayor-elect Bruce Harrell, Diaz, and others claiming that the council was attempting to slash SPD’s budget and ranks. In fact, Mosqueda’s revised budget would have reduced Durkan’s proposed budget increase by $10.8 million, for a total of $6.8 million in new investments. (The overall size of the police budget would have decreased slightly under Mosqueda’s original proposal).

Most controversially, Mosqueda’s budget assumed that SPD will lose more officers in 2022 than Durkan or Diaz currently project. While Durkan and SPD estimated that just 94 officers would leave the department next year, Mosqueda estimated a loss of at least 125 officers: enough to cancel out the department’s hiring goals and leave 31 more vacant positions—and $2.7 million more in unspent salaries—than Durkan anticipated.

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The mayor’s projections are optimistic, given that SPD will lose an estimated 150 officers by the end of this year. Her estimate also does not factor in the dozen unvaccinated officers currently on leave who will likely lose their jobs in January. However, Diaz and Durkan predict that attrition will decline sharply in 2022, in part because of plans to spend more on retention programs like group therapy.

Additionally, Mosqueda suggested that the council scale back Durkan’s planned increase to the department’s overtime budget, saving another $3.2 million. Mosqueda’s budget also would have maintained, rather than expanded, SPD’s Community Service Officer (CSO) program—a civilian unit that handles outreach and some non-emergency calls—and omitted Durkan’s proposals to pay hiring bonuses to new officers in 2022 and to launch two new software projects.

On Thursday, an amendment sponsored by Councilmember Alex Pedersen to use the city’s emergency reserve funds to restore most of Durkan’s original budget failed by a wide margin; another amendment—also from Pedersen—that would have met Durkan halfway on attrition projections and overtime increases met the same fate.

The mayor’s projections are optimistic, given that SPD will lose an estimated 150 officers by the end of this year. Her estimate also does not factor in the dozen unvaccinated officers currently on leave who will likely lose their jobs in January. However, Diaz and Durkan predict that attrition will decline sharply in 2022, in part because of plans to spend more on retention programs like group therapy.

The council also narrowly voted down an amendment by Councilmember Andrew Lewis that repurposes $2.7 million from the city’s reserves to defer to Durkan’s attrition projections. “There’s an advantage to assuming less attrition so that we don’t have to go back next year to correct the budget,” Lewis said. He also raised concerns about the optics of Mosqueda’s attrition projection, adding that he “would prefer that the council not habitually predict that hiring and [departures] will be the same,” noting that the council made the same prediction last year. While the council initially voted in favor of the amendment, Councilmember Tammy Morales asked for a re-vote near the end of the session that defeated the proposal; Morales, who previously supported the amendment, reversed her vote.

Mosqueda introduced her own amendment to expand the CSO program, though her $900,000 amendment fell short of Durkan’s original $1.3 million proposal. Because SPD will likely be unable to hire the six additional officers before next spring, she said, the CSO unit will only need six months of funding in 2022. The council agreed, voting overwhelmingly to expand the program. Mosqueda added that she eventually hopes to move the the CSO program to a civilian department, but she conceded that the unit will stay in SPD for the foreseeable future. The CSOs have said they aren’t interested in leaving SPD, citing close relationships with their sworn counterparts; Herbold admitted that she had assured the unit’s supervisors that the council wouldn’t force the CSOs to leave SPD in exchange for expanding the program, and Thursday’s vote allowed her to keep her promise.

The council rejected just three minor proposals to increase SPD’s budget. Pedersen’s pitch to add more dollars to SPD’s overtime budget didn’t find traction, and nobody on the council expressed interest in supporting the two SPD technology projects that Mosqueda deemed “non-essential”: a body-worn video analysis system used to assess racial disparities in policing and a wearable biometric monitor that would track police officers’ vital signs to flag officers at risk of using excessive force or acting erratically because of stress. Continue reading “In Reversal, Council Keeps Durkan’s Expanded Police Budget Mostly Intact”

Lambert’s Colleagues Denounce Racist Mailer, Cops Debate Use of Projectile Launchers, and a Provider Recounts Street Sink Frustration

1. Six members of the King County Council—all Democrats—condemned Republican County Councilmember Kathy Lambert yesterday for a campaign mailing to some of East King County constituents that implied Lambert’s opponent, Sarah Perry, is being controlled by a shadowy cabal made up of Jews, socialists, and people of color.

The mailer showed three unrelated elected officials of color—Vice President Kamala Harris, Seattle City Councilmember Kshama Sawant, and Lambert’s own colleague, King County Councilmember Girmay Zahilay—along with US. Sen. Bernie Sanders, looming above a Photoshopped image of Perry as a marionette, a classic anti-semitic trope. Harris, Sanders, and Sawant appear to be laughing while Zahilay pulls Perry’s strings.

The message to white Eastside voters is as clear as an “OK” hand sign: If you don’t reelect Lambert, brown, Black, and Jewish Democrats will take over the Eastside and impose their left-wing values on you and your family. But just in case the dog whistles were too subtle, the mailer is emblazoned: “SARAH WOULD BE A SOCIALIST PUPPET ON THE EASTSIDE PUSHING THEIR AGENDA. SARAH PERRY IS BACKED BY SEATTLE SOCIALIST LEADER GIRMAY ZAHILAY WHO WANTS TO DEFUND THE POLICE.” The flip side calls Perry an “ANTI-POLICE PUPPET.” 

Lambert is currently fighting for her political life in a diversifying East King County district where 60 percent of primary-election voters supported one of two Democrats over the 20-year Republican incumbent.

“Put simply, this is a racist piece of political mail. It has no place in any public or private discourse here in King County,” the six council members said. “Planning, authorizing and mailing a communication like this betrays ignorance at best, deep seated racism at worst. Regardless, it demonstrates disrespect for the fundamental duty that the residents of King County give to all of their elected representatives—the duty to respect and serve everyone who resides in King County, regardless of race or ethnicity.”
The council members—Zahilay, Claudia Balducci, Jeanne Kohl-Welles, Dave Upthegrove, Joe McDermott, and Rod Dembowski—demanded that Lambert apologize to Zahilay and Perry “for subjecting everyone, especially our friends, families and constituents of color, to this hurtful and painful communication.”
PubliCola first posted the full mailer on Twitter Wednesday morning.

“Although it’s led and orchestrated by the city, the city is not interested, really, in bringing anyone to help us… They’re looking for partners like nonprofit organizations that have direct access to water that would be able to make their water available. So it’s like—now you’re relying on us.”—David Sauvion, Rainier Beach Action Coalition

2. The Rainier Beach Action Coalition, which works to promote affordable housing and equitable development in Southeast Seattle, was one of many organizations that expressed an interest in setting up a street sink to help prevent the spread of communicable diseases, particularly among people experiencing homelessness.

But, according to RBAC Food Innovation District strategist David Sauvion, the organization decided against installing a sink after the city informed them that they would be wholly responsible for providing water to the location, making sure it was ADA compliant, and maintaining the sink, all without any direct support from the city.

“Although it’s led and orchestrated by the city, the city is not interested, really, in bringing anyone to help us… They’re looking for partners like nonprofit organizations that have direct access to water that would be able to make their water available. So it’s like—now you’re relying on us.”

Sauvion said RBAC wouldn’t have minded paying for the water; the problem was that RBAC wanted to install a sink where it would actually get some use, next to a bus stop on the southeast corner of South Henderson Street and MLK Way South, rather than directly in front of their office, which is in a house on a quiet corner across the street. “It’s just not a place where we see a lot of homeless people,” Sauvion said.

As for the city’s insistence that nonprofit groups should be willing to provide ongoing maintenance, including graywater disposal, without help from the city, Sauvion said, “why don’t we do that? Why don’t we just rely on everybody else to provide the services the city should be providing?”

The founders of the Street Sink project, Real Change, spoke to about 100 organizations about hosting a street sink. Of those, just nine met all of the city’s requirements, and only five told the city they were interested in moving forward. Since the Street Sink project started in May 2020, just one sink has been installed.

3. During Seattle’s Community Police Commission (CPC) meeting Wednesday, Mark Mullens—the sole police officer on the commission—revisited an ongoing point of tension between the Seattle Police Department’s command staff and its rank-and-file.

“Is it not true that the 40 millimeter launcher is banned?” he asked Interim SPD Chief Adrian Diaz, referring to a gun that fires large rubber projectiles as an alternative to live ammunition.

“That is not true,” replied Diaz, who was attending the meeting to answer questions from the commission. Continue reading “Lambert’s Colleagues Denounce Racist Mailer, Cops Debate Use of Projectile Launchers, and a Provider Recounts Street Sink Frustration”

Police Chief Fires Two Officers Who Trespassed on Capitol Grounds During January 6 Attack

Image by blinkofaneye on Flickr; Creative Commons license.

By Paul Kiefer

Interim Seattle Police Chief Adrian Diaz announced in a blog post on Friday that he has fired officers Alexander Everett and Caitlin Rochelle for violating department policy and federal law by trespassing on the grounds of the U.S. Capitol on January 6, 2020 while insurrectionists stormed the legislative chambers inside.

Using video evidence provided by the FBI, investigators from Seattle’s Office of Police Accountability (OPA) were able to place Everett and Rochelle at the steps of the Capitol as rioters clashed with police nearby. Though Everett and Rochelle told investigators they didn’t know they were trespassing in a restricted area, neither the OPA nor Diaz were convinced; in his letter on Friday, Diaz wrote that “it is beyond absurd to suggest that they did not know they were in an area where they should not be, amidst what was already a violent, criminal riot.”

But Everett and Rochelle—a married couple—were only two of the six Seattle Police Department officers who traveled to Washington, DC to attend former President Donald Trump’s “Stop the Steal” rally that preceded the attack on the Capitol. OPA investigators were able to place three of the officers elsewhere in the city during the attack. Though the fourth officer told investigators that he was not present for the attack, neither the OPA nor the FBI could corroborate his claim; investigators didn’t rule out the possibility that he trespassed on federal property.

Though Diaz chose not to discipline the other four officers who attended the rally, some members of the city council and Seattle’s Community Police Commission argued being present for the rally constituted grounds for firing all six. “I don’t understand how we can derive any other decision other than they were there to spur what those people did to storm the Capitol,” CPC Executive Director Brandy Grant said during a commission meeting in January. Continue reading “Police Chief Fires Two Officers Who Trespassed on Capitol Grounds During January 6 Attack”

Public Safety Agencies Announce Plan for New 911 Triage Team

Seattle Police Chief Adrian Diaz (Photo: Paul Kiefer, PubliCola News)

By Paul Kiefer

By next summer, Seattle’s emergency call dispatchers may have a new crisis response team at their disposal. The new unit, called Triage One, would be housed within the Seattle Fire Department’s Mobile Integrated Health program and tasked with responding to some crisis calls that don’t clearly involve a medical emergency or criminal activity.

Seattle Mayor Jenny Durkan debuted the proposal at a press conference on Friday morning alongside Councilmember Lisa Herbold and the heads of the Seattle Police and Fire Departments, and the newly created Communications and Community Safety Center (CSCC).

The goal of the Triage One team, said Interim Seattle Police Chief Adrian Diaz, is to reduce the city’s reliance on police officers as the default crisis responders. Diaz pointed to “person down” calls—calls about people either asleep or unconscious in public—as an example; at the moment, SPD treats those calls as high-priority, which involves dispatching at least two officers to respond as quickly as possible.

Durkan said the team would ideally be able to respond to roughly 1,000 crisis calls per year, particularly in the greater downtown area during business hours.

“But a majority of ‘person down’ calls are because someone’s experiencing addiction or a health crisis, and when SPD responds, officers still need to call another agency [for a more appropriate response],” Diaz said. Instead, the city could rely on an unarmed team to respond to those non-criminal emergencies and call for medical assistance, police backup, caseworkers, or other responders after taking stock of the situation.

Triage One would rely heavily on Seattle’s 911 dispatch center, which is now part of the CSCC. According to CSCC Director Chris Lombard, the unit would function as an extension of the dispatch center itself. “911 has always been in a pinch to, in a minute to 90 seconds, decide what’s happening and how to deploy resources to help,” he said. “We see the Triage One system as a way to extend the time available to figure out how to get someone [in crisis] the services they need.” Meanwhile, the CSCC is developing a standardized list of questions for dispatchers to ask 911 callers, ostensibly to streamline emergency calls.

At the moment, the program is still only theoretical; the details of the Triage One team, including its size, makeup, and cost, won’t be resolved until the project receives approval and funding from the city council, Durkan said. She added that the team would ideally be able to respond to roughly 1,000 crisis calls per year, particularly in the greater downtown area during business hours. Continue reading “Public Safety Agencies Announce Plan for New 911 Triage Team”

Diaz Demotes Assistant Chief for June 2020 Protest Response

Former Assistant Chief Steve Hirjak

By Paul Kiefer

On Wednesday morning, Interim Seattle Police Chief Adrian Diaz announced in a letter to Seattle City Councilmember Lisa Herbold that he has demoted Assistant Chief Steve Hirjak for his role in the Seattle Police Department’s response to the first weekend of city-wide protests in the summer of 2020.

Diaz’s decision to demote Hirjak came two weeks after he overturned the findings an Office of Police Accountability (OPA) investigation that held a well-known lieutenant—John Brooks, a veteran officer who has lead SPD’s protest response unit since September—responsible for directing officers to use tear gas, blast balls and pepper spray against mostly peaceful protesters near the East Precinct on June 1.

At the time, Diaz argued that Brooks should not face discipline for decisions made by his superiors in the department; Diaz also claimed in a blog post on May 13 that “additional information has surfaced which was not included in the OPA investigation” that cleared Brooks of responsibility for using excessive force against protesters.

However, the chief assured fellow city leaders and the public that he would discipline someone—likely a member of his department’s command staff—for the June 1 debacle. “I am committed to full accountability and transparency for all of our actions, but I am also committed to ensuring that I reach every decision correctly and fairly,” he wrote.

During a meeting of the Community Police Commission the following week, OPA Director Andrew Myerberg questioned Diaz’s claim to have uncovered new information about SPD’s response to the June 1 protest. “As far as we know, there is no new information,” Myerberg said to the CPC commissioners. “The new information may be the chief thinking that, given his view of the chain of command, that he wants to hold an assistant chief responsible.”

Hirjak, who was Brooks’ commander on June 1, was the most obvious choice, though OPA investigators who interviewed the assistant chief had previously determined that he did not directly order officers to disperse the crowd. As an assistant chief, Hirjak was not a member of a union, which allowed Diaz to demote him without an investigation or a legal challenge.

In his letter to Herbold on Wednesday, Diaz walked back his claims about “additional information” that could implicate Hirjak. “There was (and is) no separate investigation and no information that [the] OPA did not have access to,” he wrote. Instead, Diaz wrote that he based his decision on a broader review of command failures between May 29 and June 1, 2020, when large-scale protests began in the wake of the murder of George Floyd by Minneapolis Police officers; Hirjak was the commander responsible for SPD’s protest response that weekend.

“My decision is based on concerns and observations regarding planning, logistics, communications, decision-making, and staffing analyses that in my view laid the groundwork for the escalation of tensions that followed,” Diaz wrote on Wednesday.  “Fundamentally, I must have confidence that each and every member of this department’s sworn Command Staff… be able to step into an incident command position as circumstances may require. This demotion is a reflection of my lack of confidence in [Hirjak’s] ability to do so.”

Per city code, Hirjak will return to his previous rank of captain within SPD.

Police Chief’s Reversal of Misconduct Finding Reveals Flaws In Accountability System, Advocates Say

An SPD cruiser carrying Lt. John Brooks (center) orders protesters to disperse from a Capitol Hill intersection in October 2020.

By Paul Kiefer

During a meeting of Seattle’s Community Police Commission on Wednesday, police oversight officials expressed concerns about Interim Seattle Police Chief Adrian Diaz’s decision to overturn an Office of Police Accountability misconduct finding against SPD lieutenant John Brooks, who directed officers to use tear gas, blast balls and pepper spray to clear a mostly peaceful crowd of protesters from the area near SPD’s East Precinct on June 1, 2020.

During a discussion of the case between the commission and Office of Police Accountability (OPA) Director Andrew Myerberg, CPC co-chair Erin Goodman said Diaz’s ability to unilaterally reverse the findings of a misconduct investigation reveal a fundamental flaw in Seattle’s police oversight system. “It makes us all question the strength of the accountability system as a whole,” she said.

Myerberg’s office ruled that Brooks was responsible for directing officers to use crowd-control weapons against protesters despite inadequate evidence of a threat. Diaz disagreed with Myerberg’s decision, and in a letter to Mayor Jenny Durkan and City Council President Lorena González announcing his decision last week, he argued that it’s unfair to judge the decisions of the officers at the protest in hindsight, and that someone at a “higher level of command authority” was responsible for SPD’s missteps.

Last Thursday, Diaz wrote a post following up on his letter on the department’s blog, announcing that he would hold someone accountable for the incident, and that “additional information has surfaced which was not included in the OPA investigation.”

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.

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 without any clarity about who Diaz will discipline or when he will discipline them, CPC members remain concerned that his decision to absolve Brooks means that no one will face consequences for tear-gassing peaceful protesters. “There were a lot of people who were harmed that day,” said Reverend Harriet Walden, a longtime CPC commissioner, during the meeting on Wednesday. “It makes it difficult for those of us who try to work collaboratively with SPD.”

In fact, Diaz’s reference to “additional information” about SPD’s protest response on June 1 only added to the CPC’s concerns. “Did you get the sense that SPD withheld information from your office during your investigation?” Goodman asked Myerberg during the meeting. Continue reading “Police Chief’s Reversal of Misconduct Finding Reveals Flaws In Accountability System, Advocates Say”

Participatory Budgeting Moves Forward, Diaz Says He Supports Alternatives to Policing, Durkan’s Office Denies Withholding Texts

1. A Tuesday city council committee meeting revealed new details about the next steps toward launching a participatory budgeting program in 2022.

The road to participatory budgeting, which the council intended as a tool to direct city dollars away from SPD and toward upstream public safety investments and alternatives to policing, has been mired by delays and ethical concerns—including an ongoing investigation by the state auditor’s office into how the council awarded a related $3 million research contract to one of the activist groups that lobbied for participatory budgeting during the summer of 2020.

Though the council initially hoped that Seattle-area residents would be able to submit and vote on project proposals this spring, Councilmember Tammy Morales told PubliCola last week that the council now expects that the scaffolding for participatory budgeting will be in place by the end of 2021 at the earliest, with voting delayed until 2022.

On Tuesday, a member of the council’s central staff presented the committee with proposed legislation that would move the city closer to launching participatory budgeting, though the plan does not fully clear up uncertainty about who will administer the program.

The proposed legislation would partially lift a proviso that the council imposed last year on nearly $30 million in the city’s general fund to free up roughly $17 million to cover the costs of administering the participatory budgeting program and to pay for the winning, community-generated projects. It would also provide $1 million to pay staffers at the Office for Civil Rights (OCR) and community members to conduct a search for an organization that will set up the program and shape proposals into workable city programs.

The same organization will also spearhead efforts to increase participation by distributing WiFi hotspots, paying for translators and offering transportation to planning meetings. Morales’ office did not directly respond to PubliCola’s questions about whether Freedom Project Washington, the nonprofit that ran the months-long research process that was billed as the first stage of participatory budgeting, would be eligible to lead the participatory budgeting process itself.

To prevent any loss of text/iMessages of any City employee, the CAO, IT, and the Mayor’s Office are piloting a third-party vendor that will allow for automatic cloud-based data collection and make production of records more efficient. Beginning in March 2021, this pilot currently has 5 participants in the Mayor’s Office.—Mayor Jenny Durkan’s office

2. As Seattle’s major media expressed (justified) outrage that Mayor Jenny Durkan had deleted 10 months of text messages last year, PubliCola was surprised to learn that the mayor had provided text messages to other media at all. In Durkan’s last three years in office, PubliCola has filed more than 20 records requests for text messages and other forms of communication from Durkan and her staff; in all that time, we’ve never received a single text from Durkan’s phone, and have only received texts from staff on two occasions. In some instances, we were able to go back through our own text exchanges with Durkan staffers and find texts that would have been responsive to our requests, but which the mayor’s office did not produce.

Last week, we asked the mayor’s office why they had apparently not produced texts that would have been responsive to our requests; then, when they didn’t respond, we asked again. Here’s an excerpt of what the mayor’s communications director, Anthony Derrick, said in response; his full response is included after the jump.

I want to push back against your suggestion that Mayor’s office staffers do not search their phones for responsive messages. Staff have on several occasions taken screenshots of text messages and sent them over to Public Disclosure Officers to include in a records request. […]

Public Disclosure Officers are empowered with a number of technological tools to search and pull responsive records from email, documents, text messages/iMessages, social media, and all other communication methods in order to deliver those records to the requester.

    • Emails: Public disclosure officers have access to all e-mails.
    • Text Messages/iMessages: It is standard practice Citywide – for PDOs to provide notice to individuals who may have text messages so they can conduct a search of their own devices to provide any responsive messages. Employees would respond with screenshots of text messages.[…] To prevent any loss of text/iMessages of any City employee, the CAO, IT, and the Mayor’s Office are piloting a third-party vendor that will allow for automatic cloud-based data collection and make production of records more efficient. Beginning in March 2021, this pilot currently has 5 participants in the Mayor’s Office. It costs approximately $50,000 for every 150 phones.
    • Chats: Speaking directly to your question about records involving internal messaging tools, the Mayor’s Office has used two separate applications, Skype messaging (prior to 2020) and Teams (implemented in 2020). Skype chats were automatically logged to email, and should have turned up in any standard public records search. Teams messages are archived, and would be produced by individuals in accordance with public records requests.

I also want to reiterate that, as previously stated, the Mayor believed and had assumed at all times that all her text messages, calendar, and emails were available to anyone through the Public Records Act and would be quickly and fully produced. The report reflects that commitment and the extensive efforts to disclose any thousands of copies of messages that were lost due to an unknown technology issue.

The report to which Derrick is referring, by an independent public disclosure expert, found that Durkan and her office had not only attempted to “recreate” the mayor’s texts by obtaining messages from the people on the other end of her conversations (without telling requesters that is what they were doing), but that Durkan’s lawyer directed public disclosure officers to interpret requests narrowly, so that any request for messages from mayoral staff automatically excluded the mayor herself.

“When there’s a shooting, we can’t go to every RV and try to develop relationships ourselves, because we just don’t have the time. But there are people who already do that work, and we need them.”—Interim Police Chief Adrian Diaz

3. In his conversation with PubliCola last week, Seattle Interim Police Chief Adrian Diaz reiterated his support for shifting substantial portions of police officers’ workloads to new, community-led programs or civilian departments. “Do I need officers involved in policing homelessness? Really, honestly, I don’t believe we do,” he said. To respond to shootings and other violence within encampments—like the shooting in an RV in Ballard on April 25 that injured two people—Diaz suggested that SPD would benefit from a stronger network of conflict prevention or intervention teams made up of people who have experienced homelessness. “When there’s a shooting, we can’t go to every RV and try to develop relationships ourselves, because we just don’t have the time. But there are people who already do that work, and we need them.”

From Diaz’s perspective, one of the keys for reducing police responsibilities of police will be expanding the number of service providers available around the clock. “We’ve been one of the few services during COVID that’s been responding to calls for service in the middle of the night,” he said. “So when someone is in crisis at two in the morning on 3rd Avenue, unfortunately, that comes to us. Our highest call loads come in after hours.” Using city dollars to hire mental health counselors and nurses to field crisis calls after-hours, he said, “could really reduce the number of calls for service we handle.”

But where will those dollars come from? Not from SPD’s budget, Diaz said—at least for the time being. Instead, he said, any 24-hour civilian crisis response program the city creates needs to prove its effectiveness before SPD’s budget and staffing shrink further.

Continue reading “Participatory Budgeting Moves Forward, Diaz Says He Supports Alternatives to Policing, Durkan’s Office Denies Withholding Texts”

Police Chief Diaz on Why He Hasn’t Fired Any Officers for Excessive Force

Seattle Police Chief Adrian Diaz

By Paul Kiefer

On Wednesday, Interim Seattle Police Chief Adrian Diaz announced his decision to overturn the Office of Police Accountability’s (OPA) findings in one of the most prominent misconduct cases of last summer’s protests. The case centered on the Seattle Police Department’s use of blast balls, tear gas and pepper spray against protesters at the intersection of 11th Ave. and Pine St. on the evening of June 1, 2020, after an officer attempted to yank a pink umbrella out of a protester’s hands.

The chief’s decision to overturn the OPA’s finding of excessive force against Lieutenant John Brooks, who gave the order to use the weapons against protesters, sparked an outcry from police accountability advocates and activist groups. The Community Police Commission, one of Seattle’s trio of police oversight bodies, called Diaz’s decision “detrimental to community trust in SPD and Seattle’s entire police accountability system,” particularly because he offered no detail about how he would hold decision-makers at a “higher level of command authority” responsible in lieu of Brooks.

In a conversation with PubliCola last week, Diaz said he does not want his decision to absolve Brooks of responsibility to overshadow his record as a disciplinarian. Since becoming interim chief in September 2020, Diaz has fired eight officers for misconduct, and two more officers retired to avoid termination; Diaz displays their badges in a wooden box on his desk.

“If there’s an officer-involved shooting and the officer has a history of complaints from years past, we’re going to say, ‘we’ve trained you, we’ve done everything we can for you and you’re still not getting it. That might end up reaching the level of termination.”

Of the ten officers Diaz has fired or would have fired, nearly all violated SPD’s policies prohibiting dishonesty or biased policing; among those officers was Sina Ebinger, who retired in lieu of termination after lying about misusing SPD’s Navigation Team to pick up her trash, as well as a 911 dispatcher who told a Black caller that “all lives matter.

But Diaz has not yet fired any officers for using excessive force, despite the flood of use-of-force complaints stemming from last year’s protests. Diaz told PubliCola that when compared to dishonesty, the disciplinary standards for excessive force are generally less harsh. “A lot of inappropriate use of force cases are incidents in which an officer put hands on a person or did something that didn’t cause an injury, but could still be excessive,” he said. “That doesn’t mean the officer was dishonest about it—they documented the incident, and they explained why they thought their actions were appropriate, but their supervisor disagreed.” Continue reading “Police Chief Diaz on Why He Hasn’t Fired Any Officers for Excessive Force”

SPD Argues Proposed Budget Cut Would Lead to Crisis “Beyond Mitigation”

SPD data shows rising attrition since 2012, when the department fell under federal supervision.

By Paul Kiefer

Interim Seattle Police Chief Adrian Diaz appeared before the City Council’s Public Safety Committee on Tuesday to present his argument against the $5.4 million cut to the SPD budget proposed by the council in December 2020 in response to overspending by the department. Diaz argued that the additional proposed budget cut could plunge SPD into a staffing crisis “beyond mitigation.”

The proposed $5.4 million cut was the council’s response to the revelation in December that SPD had overspent its budget by that amount, requiring the council to make a last-minute addition to the department’s budget. Though SPD staff told council that the department needed that funding to cover separation costs, family leave pay, and COVID testing site-related overtime, the council pointed out that SPD spent past its approved overtime budget during last summer’s protests and left other costs unpaid until the end of the year. The resolution expressing the council’s intent to cut $5.4 million from SPD’s 2021 budget was largely an effort to dissuade SPD from similar overspending in the future.

A month earlier, the council had approved a larger slate of reductions to SPD’s 2021 budget—a $21.5 million cut proposed by the mayor, and a $12.7 million cut added by the council. Most of those cuts reduced SPD’s staffing budget, shifting the salaries reserved for vacant positions and the salaries of officers leaving the department to the city’s general fund.

Diaz argued that while his department can work within a constrained budget, the proposed $5.4 million cut would leave the department unable to adapt to its smaller workforce and could spur more officers to part ways with the department; since the beginning of 2020, SPD has seen more than 200 officers retire or transfer to other agencies—twice as many departures as in 2019. “The continued cuts to the budget, especially those not matched with efforts to reduce the duties of the department, will only drive further staffing losses,” Diaz said. “I can’t plan around a budget that’s constantly changing,” he added.

According to both Diaz and Deputy Mayor Mike Fong, who appeared alongside the interim chief during Tuesday’s presentation, rising attrition—and, Diaz added, a growing number of older officers who are taking medical leave to “burn time” before retirement—have already created serious holes in the department. Continue reading “SPD Argues Proposed Budget Cut Would Lead to Crisis “Beyond Mitigation””

Council Considers Cutting SPD by $5.4 Million in Response to 2020 Overspending

Changes in SPD Staffing from 2012 to 2021, via Seattle Police Department)

By Paul Kiefer

The Seattle City Council’s Public Safety Committee is considering a $5.4 million cut to the Seattle Police Department’s 2021 budget to account for an equivalent amount of overspending by the department last year. During the committee’s regular meeting on Tuesday morning, council members received a briefing from the council’s central staff on the potential impacts of those cuts on a department still reeling from a spike in attrition in 2020.

Last August, in an effort to avoid spending extra money on protest-related overtime, the council passed a resolution saying that they wouldn’t support any increase to SPD’s budget “to offset overtime expenditures above the funds budgeted in 2020 or 2021. Three months later, the council backpedaled, grudgingly adding $5.4 million to SPD’s to backfill for overspending on family leave, separation pay, and overtime pay for officers working at COVID testing sites.

While none of the spending in Durkan’s proposal would directly pay for protest-related overtime, several council members—including budget committee chair Teresa Mosqueda—argued that the department could have avoided year-end budget shortfalls if it had scaled back its protest response and prioritized spending on other unanticipated expenses.

But the council wasn’t happy bailing out SPD, and on the same day, they passed a second resolution expressing their “intent” to cut an equal amount from SPD’s 2021 budget to offset the overspending and discourage the department from spending beyond its budget in the future. The council also passed a budget proviso withholding $5 million from SPD’s budget under the assumption that the department would save at least $5 million in staff salaries because of high attrition and the city-mandated hiring freeze; if the department didn’t reach $5 million in salary savings, the council would lift the proviso.

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Year-end attrition figures from SPD surpassed the council’s expectations. By the end of 2020, 186 officers had left the department—double SPD’s projections for attrition at the beginning of last year. The council developed SPD’s 2021 budget under the assumption that the department would pay 1,343 officers; on Tuesday morning, the council’s central staff estimated that SPD will only fill 1,289 of those spots, leaving SPD with as much as $7.7 million in salary savings in 2021. Continue reading “Council Considers Cutting SPD by $5.4 Million in Response to 2020 Overspending”