Tag: Adrian Diaz

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. ” undamentally, 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.”

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

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

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”

SPD Confirms That At Least Five Officers Were In DC During Capitol Attack

By Paul Kiefer

On Wednesday afternoon, the Seattle Police Department confirmed that at least five of its officers were present at the rally held by former President Donald Trump in Washington, D.C. on January 6th that preceded the hours-long attack on the U.S. Capitol by Trump’s supporters. More than a week after an SPD officer reported two of his colleagues to his superiors for a Facebook photo of the pair at the rally, three more officers notified the department that they, too, had attended the event.

Office of Police Accountability Director Andrew Myerberg broke the news during a meeting of Seattle’s Community Police Commission (CPC) on Wednesday morning. At the time, only two new officers had stepped forward; they were joined by one more officer later that afternoon, which Interim SPD Chief Adrian Diaz acknowledged on the department’s blog. In his comments to the CPC, however, Myerberg said he “anticipate[s] that there may be more.”

Myerberg said his office is investigating whether any of the five officers took part in the attack on the US Capitol; Diaz promised to fire any officers involved in the insurrection. During the CPC meeting, Myerberg added that the OPA will also try to discern whether the five officers had ties to any militias or white supremacist groups. “In my mind, membership in an [extremist] group would be a disqualifying factor for employment with the Seattle Police Department,” he said, “but that’s going to be the chief’s call.”

However, Myerberg also noted that his office hasn’t been able to interview any of the officers yet. The OPA’s manual requires its investigators to give officers accused of misconduct two notices before conducting interviews: one when the office first begins their investigation and another after investigators complete a preliminary review of the evidence in the case. The OPA has to provide the second notice within 30 days of opening an investigation; Myerberg told the CPC that his office will likely need that time to sift through footage and photographs, so he estimates that his investigators will start interviewing the officers in a month.

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

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

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

The two officers whom the OPA began investigating on January 8 are currently suspended with pay. In his blog post, Diaz noted that the three new officers under OPA investigation are still on duty. “The difference is that they self-reported,” said Myerberg. “When they did that, they affirmatively stated that they weren’t involved in any illegal activities. The first two didn’t provide that kind of statement.”

If the OPA investigations find the three officers were involved in the attack, Myerberg noted that in addition to being fired, the officers would also lose their certification to work as law enforcement officers in Washington for lying to the department.

However, Myerberg emphasized to the CPC that his office can’t treat the officers’ presence at the January 6 rally as evidence of misconduct in and of itself. “If you just have a firmly held belief that the election was stolen and you want to go yell on the mall,” he told the commissioners, “you’re allowed to do that.”

During and after Myerberg’s presentation, some commissioners shared their belief that department should not treat its officers’ presence at a rally alongside hundreds of avowed white supremacists as a benign act of free expression. “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,” said CPC Executive Director Brandy Grant, adding that the department’s efforts to respect the free speech rights of the five officers stood in sharp contrast to its response to SPD’s response to last summer’s protests.

CPC Commissioner and SPD Officer Mark Mullens, typically one of the commission’s quieter members, also spoke up during Wednesday’s meeting. “I would ask that the OPA keep in mind the African-American officers,” Mullens, who is Black, said. “We have to guard ourselves from people who mean to harm us, meaning white supremacists. It’s unsettling to think that there’s a possibility that there might be some behind you—someone who is supposed to be backing you up—that’s involved in” white supremacist groups.

Later in the meeting, Mullens shared that MAGA hats have become a regular sight in at least one of SPD’s precincts. “Your political views are your business,” he said. “And whether you’re racist or not is still to be found out. But when you’re wearing that [hat], you’re not taking into consideration Black officers and other officers who might be triggered by that… [and] there’s also the question of the community’s trust.”

Unclear if Cops in D.C. During Riot Will Face Discipline; Council Weighs in on Cuba; Mosqueda Aide to Run for Mayor

1. Interim Seattle Police Chief Adrian Diaz held a brief press conference on Wednesday afternoon to address both his announcement last Friday night that two SPD officers were present in Washington, D.C. on the day of the attack on the U.S. Capitol and a spike in homicides in Seattle in 2020. As PubliCola reported on Friday, the department learned that two of its officers were in D.C. through a photo posted on social media; Diaz placed both officers on administrative leave while the Office of Police Accountability (OPA) investigates whether they were involved in the attack on the Capitol.

According to Diaz’s statement Monday, another officer reported the pair to their superiors, and the photos reached Assistant Chief of Patrol Operations Tom Mahaffey and Diaz by last Thursday. Diaz said he didn’t immediately terminate the two officers because “participating in a political event on their own time, out of uniform, violates no policy or law.”

In response to questions Monday, Diaz said that he will immediately fire the officers if the OPA investigation finds that they “participat[ed] in altercations with Capitol Police” or violated federal law.

The OPA also opened an investigation into Solan’s tweets last Friday. SPD has disciplined officers for social media posts in the recent past; last January, then-police chief Carmen Best fired Officer Duane Goodman for Instagram posts attacking Hillary Clinton, Barack Obama and “illegal immigrants.”

Diaz said he didn’t immediately terminate the two officers because “participating in a political event on their own time, out of uniform, violates no policy or law.”

Halfway through his prepared remarks, Diaz pivoted to the subject of the surge in homicides in Seattle in 2020. According to year-end statistics, homicides rose by 61 percent from from 2019—from 31 to 50, the highest number in 26 years. Of those, 60 percent involved a gun, compared to 66 percent in the previous year. Half of all victims were Black, and most were men between the ages of 18 and 49. According to Diaz, last year saw an increase in domestic violence homicides in the city and a decrease in homicides in which the victims were unsheltered.

2. During Monday’s city council briefing, several council members added their voices to calls for Seattle Police Officers’ Guild president Mike Solan to resign after he took to Twitter last week to assert that members of the “far left” and Black Lives Matter activists were involved in the attack on the U.S. Capitol last Wednesday. Mayor Jenny Durkan, former Seattle police chief Carmen Best and frequent department ally Scott Lindsay publicly called for Solan to apologize or resign on Friday evening.

In her comments at the start of the council briefing, Councilmember Lisa Herbold pointed to Solan’s lengthy record of inflammatory public statements and suggested that SPOG members should consider recalling or censuring Solan. “This is not the person I believe should be leading the guild during challenging times,” Herbold said, “and I hope members of SPOG agree.”

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

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

Council President Lorena González and Councilmember Andrew Lewis made more direct calls for SPOG to remove Solan from its leadership, with Lewis arguing that Solan “has done nothing to advance the cause or the issues of that union or the quality of support of workers in that union.” And Councilmember Alex Pedersen connected Solan’s comments to the upcoming contract negotiations with SPOG, which will begin sometime in 2021. 

We will all agree that Officer Solan’s remarks and their implications are reprehensible and untrue, but also that there is a need to revamp an inflexible, expensive and unjust police union contract,” Pedersen said. “The current president of the police union has, in my view, disqualified himself to a fair partner to negotiate that contract.”

3. Also at today’s council meeting, council members Teresa Mosqueda and Kshama Sawant introduced a resolution calling for collaboration between US and Cuban scientists and urging Congress and the incoming Administration to end the United States’ economic blockade against its southern neighbor. Citing reports from Cuban authorities, the resolution reads, “Cuba’s free community-based healthcare system, unified government approach, and robust biopharmaceutical industry have enabled the country to effectively deal with the COVID-19 pandemic.” Continue reading “Unclear if Cops in D.C. During Riot Will Face Discipline; Council Weighs in on Cuba; Mosqueda Aide to Run for Mayor”

Anti-Development Group Dissolves, Green Lake Grinches Call for Sweeps, Impact of SPD Transfers Still Unknown, and More

No, I didn’t sign. Screenshot via change.org petition.

1. When Interim Seattle Police Chief Adrian Diaz announced in September that he would transfer 100 officers from the department’s specialized units to positions on patrol, Durkan spokesperson Kelsey Nyland told PubliCola that SPD would be “closely monitoring [case closure and workload] data for any potential negative impacts” of the transfers. At the time, the department didn’t specify when it would begin monitoring the effects of the staff transfers, which were completed on October 1.

According to SPD public affairs officer Valerie Carson, the department still hasn’t started tracking those effects. Instead, she told PubliCola, the department will start evaluating changes in specialized units’ workloads and case clearance rates in the new year. Carson said that the department chose not to start the assessments immediately after the transfers took effect to “ensure we are looking at true trends instead of spurious results from a few weeks of data.”

As PubliCola reported in September, the transfers did not shift officers away from the specialized units identified by the City Council for downsizing or elimination, which included the harbor patrol and the mounted unit. Instead, Diaz transferred officers from the department’s Community Policing Team, domestic violence unit, and intelligence unit. The transfers from the domestic violence unit—which effectively eliminated the team assigned to investigate elder abuse—sparked concerns within the King County Prosecutor’s Office and local domestic violence and elder abuse nonprofits, who argued that reducing the number of detectives investigating domestic and elder abuse could overwhelm the already-overworked specialized units and undermine the trust of survivors.

A random online petition demanding that the city uproot homeless people from a wealthy North End neighborhood might not be cause for concern, except that the last major sweep of a North End homeless encampment was preceded by a similar petition.

2. Happy new year—now get the hell out of “our” park.

That’s what a group of Green Lake grinches are saying to dozens of unsheltered people trying to survive the winter in tents around the popular park, via a petition demanding that the city “act now to protect people, parks, and our shared environment” by sweeping the area. The petition is sponsored by “We Heart Seattle” and several “save our parks”-type groups, as well as the Green Lake Community Council.

The petition language is a familiar combination of faux-environmentalist concern about feces contaminating the lake (described as one of “our most environmentally sensitive waterways”) and performative hand-wringing about the health and safety of the people sleeping in wretched conditions on its shores.

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Like previous petitions demanding sweeps, this one presents a clear moral choice: Allow people to live in (and ruin) a public park, or offer them access to the “thousands of clean, warm, and hygienic indoor spaces [that] are available in King County.” This is not actually an option. There are, certainly, more than a thousand shelter beds in Seattle, but all but a handful are currently occupied; they aren’t just sitting vacant, waiting for recalcitrant homeless people to agree to occupy them.

The document also asserts, fancifully, that there are “thousands” of properties in King County where it would be simple to set up new “tiny home villages, Pallet shelters, and sanctioned tent communities.” In reality, these options are expensive and can take months to site and open, thanks largely to neighborhood opposition from groups like the ones sponsoring the petition.

A random online petition demanding that the city uproot homeless people from a wealthy North End neighborhood might not be cause for concern, except that the last major sweep of a North End homeless encampment was preceded by a similar petition. (The more recent removal of tents from Cal Anderson Park on Capitol Hill was sui generis and hard to untangle from the park’s status as a long-term protest zone). In May, the city’s Navigation Team removed a large encampment from the Ballard Commons after neighborhood residents circulated a petition that allowing people to live in the park was inhumane and created an environmental hazard. Since then, the tents have returned, and nearby encampments have continued to grow.

The Seattle Coalition for Affordability, Livability, and Equity (SCALE), a group of single-family housing advocates that spent years fighting against modest density increases in and around Seattle’s densest neighborhoods, has disbanded.

3. One thing the “plenty of shelter” crowd may not realize, in addition to the negligible nightly vacancy rate, is that there are currently no low-barrier shelters in Seattle where adults can walk up, wait in line, and get a bed for the night. The last such shelter, a Salvation Army-run coed basic shelter at City Hall, closed late last year after being partly redistributed to Fisher Pavilion, at Seattle Center. Both the City Hall and Fisher shelters were replaced by a 24/7 enhanced shelter in SoDo, which requires pre-registration and is not currently taking referrals.

The city has no plans to reopen either location on a long-term basis—partly because shelter providers are stretched thin already, and partly because they want to keep both sites available in case they need to open emergency winter shelters. Except in unusually cold or snowy years (like the winter of 2017-2018, it’s rare for the city to provide people a place to go specifically to escape winter weather, by design: The city’s winter-shelter protocols, which haven’t been updated in nearly 20 years, call for opening emergency shelters only if the weather dips below 25 degrees for multiple nights, or if there is snow accumulation of more than an inch. Continue reading “Anti-Development Group Dissolves, Green Lake Grinches Call for Sweeps, Impact of SPD Transfers Still Unknown, and More”

ACLU Calls on Durkan to Ban Facial Recognition Software After Possible SPD Violation

Clearview AI Software Logo (Source: Creative Commons)

By Paul Kiefer

In early November, a blogger’s public records request turned up evidence that a Seattle Police Officer has used a widely-criticized facial recognition software called Clearview AI for over a year, possibly violating Seattle Police Department policy and raising questions from privacy advocates about the use of prohibited surveillance technology within SPD.

On Wednesday, the ACLU of Washington responded to the revelation by calling for Mayor Jenny Durkan to issue a specific ban on the use of facial recognition software by city agencies, as well as for a city council hearing to question SPD representatives about their use of surveillance tools.

As PubliCola first reported in November, the ACLU first sounded the alarm after the department released roughly 200 emails containing references to Clearview AI, a search engine for faces that enables law enforcement agencies to identify unknown people—protest participants, for example—by matching their photos to online images, allowing police to arrest or interrogate them.

Clearview AI has been the subject of harsh condemnation from privacy and police accountability advocates since it first drew national attention last year. The company’s business model relies on scraping billions of images from across the internet without permission; as a result, Clearview AI’s database of faces includes untold numbers of people with no criminal background whatsoever.

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Most of the emails SPD released were promotional offers sent from Clearview AI to SPD officers of all ranks, including former Police Chief Carmen Best. But one officer—Detective Nicholas Kartes of the South Precinct’s burglary unit—accepted the company’s offer, opening an account with his work email in September 2019. In the past year, Kartes corresponded with a Clearview AI representative about his experiences “experimenting” with the application, and login alerts sent to Kartes’ work email indicated that the account was used on at least two desktop computers. Both computers’ IP addresses place them in Seattle city government buildings, and one IP address belongs to a secure city network.

The revelation was alarming enough to prompt Office of Police Accountability Director Andrew Myerberg to launch an investigation into Kartes’ use of Clearview AI. However, Myerberg told PubliCola in November that merely opening an account with Clearview AI might not constitute a policy violation, though using the account for law enforcement purposes would be a clear violation of department policy. He added that there is no precedent for that kind of misconduct.

But the city council’s 2018 surveillance ordinance that restricts SPD’s use of surveillance technologies might not cover Kartes’ use of an unapproved software. Mary Dory, a public safety auditor working with the Office of the Inspector General on the case, told PubliCola in November that the ordinance was designed to address the use of surveillance technologies by SPD itself, not the behavior of an individual officer using surveillance software without the department’s knowledge.

That dilemma is now at the center of the ACLU’s disagreement with Interim Police Chief Adrian Diaz. Jennifer Lee, the manager of the ACLU of Washington’s Technology and Liberty Project, told PubliCola that her organization sees Kartes’ use of Clearview AI as a violation of the surveillance ordinance, and believes that SPD is liable for Kartes’ infractions. She cited Kartes’ use of his work email—and, possibly, his work computer—as evidence that the detective opened a Clearview AI account for law enforcement purposes.

Lee says that the ACLU of Washington is calling for Durkan to issue a targeted ban on facial recognition technology. “We have a surveillance ordinance which is supposed to prevent exactly what happened: SPD secretly using a surveillance technology,” she told PubliCola. “But it’s clear that without an explicit prohibition on facial recognition use, there are risks that remain.”

A press release from the ACLU sent out on Wednesday morning also called for council members Lisa Herbold and Alex Pedersen, the chairs of the council’s public safety and transportation and public utilities committees, respectively, to hold a public hearing to “get answers from SPD about its use of Clearview AI and other surveillance tools.”

In a response sent to the ACLU of Washington on Wednesday afternoon, Diaz categorically denied that SPD has sanctioned the use of Clearview AI by its officers. “We have no intention or interest in pursuing a partnership with Clearview AI or acquiring the use of any facial recognition technology,” he wrote. He also challenged the ACLU’s assertion—included in their press release—that multiple SPD detectives have used Clearview AI since September, pointing out that the emails only clearly point to Kartes’ use of the technology. (In November, Lee told PubliCola that the login alerts from multiple desktop computers point to the possibility of multiple detectives using Kartes’ account).

Diaz also made a passing reference connecting the Clearview AI promotional emails to a possible phishing attempt involving city of Seattle email addresses; PubliCola has reached out for clarification.

Because Diaz’s response dismisses the ACLU’s assertion that the department is liable for Kartes’ conduct, the ACLU’s call for Durkan to issue a specific ban on facial recognition software is effectively dead in the water.