Tag: Ann Davison

Prosecutor Dan Satterberg to Retire, More Fallout From No-Bid Encampment Cleanup Deal, US Attorney Joins Davison Team

1. King County Prosecuting Attorney Dan Satterberg announced on Friday that he will not seek reelection in 2022, bringing an end to 37-year career in the King County Prosecutor’s Office, including four terms as the elected prosecutor.

In the 15 years since he was first elected, Satterberg has gradually shifted the attention of his office toward alternatives to prosecution. Those efforts included supporting diversion programs for people arrested for drug offenses years before a state supreme court decision overturned Washington’s felony drug possession laws in February 2021. Under Satterberg’s leadership, the prosecutor’s office also launched a sentencing review unit as part of an effort to remedy excessively long prison sentences.

Under Satterberg, the prosecutor’s office has participated in a push to scale back the use of juvenile detention in the county, relying on both diversion programs and an overall decline in juvenile crime. However, Satterberg has opposed closing down the county’s juvenile jail, and has voiced skepticism about efforts to reform Washington’s juvenile sentencing laws. In December 2020, Satterberg tried to appeal a pair of Washington State Supreme Court decisions expanding judges’ discretion to consider the age and maturity of juvenile offenders as mitigating factors when sentencing or re-sentencing them; the US Supreme Court later declined to hear Satterberg’s appeal.

Satterberg’s support for diversion programs has drawn the ire of some law enforcement allies, who blame his increasing focus on alternatives to detention for a recent rise in violent crime. But criticism has come from both sides: During the 2018 election, he faced a challenge from public defender Daron Morris, who criticized Satterberg for participating in a county-wide crackdown on sex work.

Since the start of the pandemic, Satterberg’s office has faced a backlog of felony cases fueled by court closures and staffing shortages. At the same time, law enforcement agencies across King County referred nearly a quarter fewer felony cases to the prosecutor’s office in 2021 than the pre-pandemic average, adding to an overall decline in the number of charges the office files each month in court.

In the final year of his term, Satterberg plans to expand a diversion program for first-time property crime felonies to serve adults, in addition to those younger than 18.

Satterberg’s chief of staff, Leesa Manion, announced her intention to run for Satterberg’s position in November. Manion is the first person to announce their candidacy for the office, and she follows in Satterberg’s footsteps: Before he led the office, Satterberg was the chief of staff to the late King County Prosecutor Norm Maleng.

King County Councilmember Rod Dembowski also filed his candidacy for the position on Friday, as did Federal Way Mayor Jim Ferrell.

2. The Seattle Parks Department issued a violation and ordered re-training for the head of its encampment cleanup team after the employee approved a no-bid, no-contract deal to pay a company owned by a current city employee to remove trash from encampments, in violation of city contracting policy.

PubliCola learned of the violation from documents obtained through a records request. The notice of violation also raises questions about whether crew members for-owned company, Fresh Family LLC, paid its workers prevailing wages, a requirement for city contracts. According to a spokeswoman for the parks department, the prevailing wage for encampment cleanup crew members is $54.62 an hour; the department “is working to clarify whether Fresh Family failed to pay prevailing wages,” adding that “there was some discrepancy related to prevailing wages that SPR is working to address.”

Fresh Family’s owner, Debbie Wilson, is a former Parks Department employee who now works for City Light; the company received at least $434,000 in payments from the city over two months, according to invoices provided in response to PubliCola’s records request. The most recent invoice is for work performed on November 30, the day before PubliCola contacted Parks to ask about the company and three days before we ran a story about the unusual no-bid, no-contract deal.

Ordinarily, companies that do encampment cleanups are hired through what’s known as a blanket contract; when the Parks Department hires a company to remove an encampment or clean up garbage or other waste, they are required to choose from a list of companies that are included in this blanket contract.

The department can hire companies that are not on the list under one of two circumstances: If a contract is under $55,000 (which requires soliciting at least three bids), or if none of the companies on the list are available to do the work. Neither of these conditions were met when the city hired Fresh Family LLC to do encampment cleanup work during October and November.

According to the Parks Department spokeswoman, the department “will be providing this employee [Waters[ with a training that covers the full contracting process: vendor selection, contract creation, direct payment, coding, invoicing, and all city policies pertaining to the contracting process. This is a training that is given to staff periodically and again to specific staff when needed.”

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3. Seattle City Attorney Ann Davison announced on Friday that she has hired former US Attorney Brian Moran to help her office process a backlog of more than 4,000 misdemeanor cases and to advise her on “near term criminal priorities.”

Former President Donald Trump appointed Moran to serve as the US Attorney General for the Western District of Washington in 2019, with support from Washington Senators Patti Murray and Maria Cantwell during his confirmation process. At the request of the US Department of Justice, Moran resigned from his post in February 2021 alongside 54 other Trump-era US Attorneys.  Continue reading “Prosecutor Dan Satterberg to Retire, More Fallout From No-Bid Encampment Cleanup Deal, US Attorney Joins Davison Team”

New Leadership on Every Floor of City Hall as 2022 Begins

1. Incoming city Attorney Ann Davison painted a dire portrait of Seattle in her official swearing-in speech on Tuesday morning, framing her plans to crack down on misdemeanor offenses as a fight to “stand up for victims” who have been unrepresented at City Hall.

“Communities are afraid to use their parks, people are afraid to walk down 3rd Avenue, and parents are afraid to send their kids to wait for the bus,” Davison said, pointing to the Seven Stars Pepper restaurant at the intersection of S. Jackson Street and 12th Little Saigon as a case study in the consequences of rising petty crime. The owner, Yong Hong Wang, warned last fall that her restaurant is on the brink of failure because customers are afraid of the ad hoc street market — a group of vendors selling everything from shampoo to narcotics — at an adjacent bus stop.

“She will lose her life savings because criminal activity has gone unchecked,” Davison said of Yong. “She should not have to pay the price.”  

Davison also raised the specter of gun violence, citing the May 2020 shooting of 18-year-old Connor Dassa-Holland in Rainier Beach. “It is the duty of the city attorney’s office to prosecute weapons charges and take guns off the streets so that misdemeanor gun offenses don’t lead to felony homicides,” Davison said.

Only a handful of gun-related crimes are misdemeanors under Washington law, including “unlawfully displaying” (or brandishing) a firearm as an intimidation tactic and carrying a concealed handgun without a permit. Davison’s office can only prosecute misdemeanors; the King County Prosecutor’s Office is responsible for filing felony gun possession charges.

Davison did not mention her office’s civil division, which defends the City of Seattle in lawsuits and advises the city council and mayor’s office as they develop new legislation.

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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’re funded entirely by reader contributions—no ads, no paywalls, ever.

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Davison’s tough-on-crime rhetoric prompted the city council to consider adding diversion to the city attorney’s charter duties in 2021. The council demurred in December, opting instead to require the city attorney to notify the council within 90 days of making any changes to, or eliminating, the office’s diversion programs, and provide quarterly reports to the council about the effectiveness of diversion programs. Davison was critical of the reporting requirement, accusing the council (six women, three men) of holding her to an unfair standard because of her gender. Davison is the first woman to hold the city attorney’s office—a detail she underscored in her remarks on Tuesday. Her general-election opponent, Nicole Thomas-Kennedy, is also a woman.

2. Shortly after Davison wrapped up her speech, new mayor Bruce Harrell held his own ceremonial swearing-in at City Hall. In an optimistic, mostly lighthearted speech that offered few policy details, Harrell pledged to work with people who opposed his election,  and make quick progress on major issues including homelessness, health care, and the selection of a permanent police chief.

Harrell previewed a handful of upcoming executive orders and decisions, including one order that will direct the city’s public utilities “to proactively provide us information on utility shutoffs, which is often an indicator of homelessness vulnerability or human service needs.” No utility customer has lost power or water since mid-2019, thanks to a combination of legislation and a moratorium on utility shutoffs during COVID.

Asked about the practical impact of the order, a Harrell spokesman said it would identify “people most at risk of homelessness or housing instability, as those facing arrearages or utility shutoffs—enforced or not—are often those most in danger of losing their housing. So the order is focused on driving greater coordination between SPU, City Light, and Offices of Housing and Human Services to prevent homelessness.”

Alluding to the longstanding debate over police funding, Harrell said that a “safe city needs the right kind and right number of police officers.”

In his speech, Harrell also vowed to review barriers to affordable housing construction, such as reducing permitting delays—a common obstacle that can add thousands to the cost of housing construction. During his campaign, Harrell made it clear that believes dense housing should be confined to specific areas (the longstanding “urban village” strategy), but reducing barriers to development is a pro-housing step—as is Harrell’s appointment of Marco Lowe, a City Hall veteran who worked for mayors Greg Nickels and Mike McGinn before taking a position at the Master Builders Association, where he advocated for pro-housing policies.

Harrell, responding to a reporter’s question, said he would not immediately launch a national search for a permanent police chief, instead giving interim Chief Adrian Diaz “real measurement criteria by which I can see what he’s doing” before deciding whether to “lift the ‘interim’ or do a national search” at some point before the end of March.

Alluding to the longstanding debate over police funding, Harrell said that a “safe city needs the right kind and right number of police officers.” Deputy mayor Monisha Harrell, who served as the interim police monitor overseeing the federal consent decree, will oversee policing policy for Harrell’s office and will play a key role in determining what the administration believes “the right number” is.

3. After weeks of behind-the-scenes drama, the city council elected District 5 Councilmember Debora Juarez the first Indigenous council president on Monday. (Backstory here). The council also approved a new list of committees and committee chairs that reflects the relative power (and individual interests) of the eight other councilmembers. (Council presidents, who oversee the business of the legislative branch, generally don’t take on high-profile committees). Continue reading “New Leadership on Every Floor of City Hall as 2022 Begins”

City Attorney-Elect Fires Civil Division Chief, Homelessness Authority Gets Exemption from HUD Mandate, and More

1. Ann Davison, the new city-attorney elect, abruptly fired the head of the civil division of the city attorney’s office, Jessica Nadelman, last week, multiple sources tell PubliCola. The news came as a surprise to many inside and outside the city attorney’s office who had been under the impression that Davison planned to retain the civil chief, who provides legal advice to all branches of city government and defends the city against legal challenges, among many other responsibilities.

Nadelman sent an email to her coworkers on Saturday morning telling them, “Last night Ann and Scott [Lindsay, Davison’s deputy] informed me that I will no longer be civil chief when they take office in January.”

In her capacity as civil chief, Nadelman trained the two public disclosure officers, Stacy Irwin and Kim Ferreiro, who filed a whistleblower complaint alleging that Mayor Jenny Durkan and her legal counsel, Michelle Chen, violated state public disclosure law when they advised Irwin and Ferreiro to help cover up the deletion of several months’ worth of text messages from Durkan’s phone. The phone’s settings were adjusted to set to auto-delete in July 2020, just as the administration came under fire for its handling of protests against racial injustice sparked by George Floyd’s murder by police in Minneapolis, an investigation by the Seattle Ethics and Elections Commission investigation found.

Seattle Nice is now available on iTunes, Spotify, or wherever you get your podcasts.

At the time, then-city attorney Pete Holmes’ office told the Seattle Times his office considered the deletion of the texts a “deliberate act” that compounded what could end up being “tens of millions of dollars in damages and fees” to resolve lawsuits over Durkan’s handling of the protests. Lindsay, Davison’s deputy, is the son-in-law of a longtime friend and ally of Durkan, former Gov. Chris Gregoire.

Nadelman was not available to comment on her departure. Several people PubliCola contacted who worked closely with Nadelman spoke highly of her work and professionalism, but did not want to comment on the record.

On Tuesday evening, Davison informed employees that she had appointed Jack Johnson, who was civil chief under Mark Sidran from 1990 to 2001, to serve as interim civil chief. In a statement, Davison’s office said she would do a “robust national search” for Nadelman’s permanent replacement.

2. The King County Regional Homelessness Authority has received a one-year exemption from a federal mandate that requires government agencies overseeing homelessness to do an in-person “Point In Time Count” of the unsheltered homeless population every two years. As PubliCola reported last month, the decision put the agency at risk of losing up to 40 points—out of a possible 200—on its next application for federal housing funds.

KCRHA spokeswoman Anne Martens said HUD granted the exemption in light of the agency’s work to use different methodology to get a more accurate count of the region’s homeless population without a physical count. The new tally, which used data from several sources, suggests that the number of people experiencing homelessness in King County could be above 45,000—more than triple the tally from the latest in-person count, which advocates have always acknowledged was an undercount.

Martens said HUD gave the KCRHA an exemption for 2022 only, “with an opening to keep talking about it if we want to do something similar in future years.” On December 7, agency director Marc Dones sent a letter to King County Councilmember (and Republican congressional candidate) Reagan Dunn, responding to Dunn’s call for the agency to reconsider its decision not to do an in-person count. In the letter, Dones criticizes the methodology behind the Point In Time Count, noting that critics have said the count may not represent “an appropriate use of precious community resources.”

Advocates for the Point In Time Count have argued that the count has value beyond producing an annual number, including large-scale community engagement, and point out that they have never claimed the count represents anything other than a massive undercount.

3. Check out the second episode of Seattle Nice, where political consultant Sandeep Kaushik and I discuss what it means that Seattle elected a declared Republican, Ann Davison, as its new city attorney—and what having a Republican city attorney might mean for the city of Seattle. When we recorded, Davison had just selected Scott Lindsay—author of the “prolific offenders” report that became the basis for the infamous KOMO special “Seattle Is Dying—as deputy city attorney, and picked Natalie Walton-Anderson, a former King County deputy prosecutor popular with groups that advocate for alternatives to incarceration, to head her criminal division.

Seattle Nice is now available on iTunes, Spotify, or wherever you get your podcasts.

—Erica C. Barnett

Pending Sweep Defies “New Approach to Encampments” Narrative, Ann Davison Names Top Staff, and More

1. On Monday, December 20, the city will remove a large RV and tent encampment along West Green Lake Way North, close to the lawn bowling area of Lower Woodland Park. Notice for the removal went up on Thursday and the city’s HOPE team—a group of city employees that does outreach to encampment residents in the immediate runup to a sweep—began its usual pre-sweep process of offering shelter beds to the people living there earlier this week. 

According to outreach workers in the area, most of the RV residents plan to move their vehicles about a block, to an area of Upper Woodland Park where the city has indicated they will not remove tents and RVs until next month. 

The encampment, which has persisted for many months, was the backdrop for a pre-election press conference by then-candidate Bruce Harrell, who said that if he was elected mayor, he would have the authority to “direct mental health counselors and housing advocates down here [and] bring down individualized case management experts” to find shelter or housing for the people living at the site.

Last week, City Councilmember Dan Strauss said the city planned to expand the “new, person-centered approach” used to shelter people living at the Ballard Commons into other encampments in his North Seattle district, including Lower Woodland Park. Outreach workers say that what they’ve seen instead is a business-as-usual approach that consists of putting up “no parking” signs and notices that encampment residents have 72 hours to leave.

“Every single one of these people was swept from another site, and I know that most of these people have been swept over and over.”

As PubliCola noted (and Strauss acknowledged) last week, the approach the city took at the Ballard Commons was successful thanks to an unusual flood of new openings in tiny house villages and a former hotel turned into housing in North Seattle, making it possible for outreach workers to offer something better than a basic shelter bed to nearly everyone living on site. Now that those beds are mostly full, the Human Services Department’s HOPE Team is back to offering whatever shelter beds happen to become available, including beds at shelters that offer less privacy, require gender segregation, or are located far away from the community where an encampment is located.

PubliCola contacted the Human Services Department on Friday and will update this post with any additional information we receive about the encampment removal.

Jenn Adams, a member of a team of RV outreach workers called the Scofflaw Mitigation Team, said the people living in RVs in Lower Woodland Park ended up there after being chased from someplace else. “Every single one of these people was swept from another site, and I know that most of these people have been swept over and over,” Adams said. She estimates that between 25 and 30 people will have to move when the city comes through to enforce its no-parking signs on Monday.

2. City attorney-elect Ann Davison announced two key members of her administration on Thursday. Scott Lindsay, a controversial 2017 city attorney candidate who authored an infamous report that became the basis for KOMO TV’s “Seattle Is Dying” broadcast, will be deputy city attorney. Although Lindsay, who advised Davison on her campaign, was widely expected to receive a prominent role in her office, his appointment was met with groans from allies of former city attorney Pete Holmes, who defeated Lindsay four years ago by a 51-point margin.

Lindsay has a scant record, including virtually no courtroom experience. He also tried and failed to get the job Davison won, making him a deputy who considers himself fully qualified for his boss’s position.

Lindsay’s views on crime and punishment (in brief: More punishment equals less crime) are largely in line with statements Davison, a Republican, has made during all three of her recent runs for office. As public safety advisor to Ed Murray, Lindsay was the architect of the “nine-and-a-half-block strategy” to crack down on low-level drug crime downtown; he also came up with the idea for the Navigation Team, a group of police and outreach workers who conducted encampment sweeps. (The HOPE Team is basically the Navigation Team, minus the police.) Lindsay has a scant record, including virtually no courtroom experience. Importantly, he also tried and failed to get the job Davison won, making him a deputy who considers himself fully qualified for his boss’s position.

In contrast, Davison’s pick for criminal division chief, former King County deputy prosecuting attorney Natalie Walton-Anderson, prompted sighs of relief among advocates for criminal justice reform. As the prosecuting attorney’s liaison to the Law Enforcement Assisted Diversion program, Walton-Anderson “was instrumental in the success of the LEAD program for many years,” prosecuting attorney Dan Satterberg said in a statement. LEAD provides alternatives to prosecution for people engaged in low-level nonviolent criminal activity.

To emphasize the point, Satterberg’s office distributed an email chief deputy prosecuting attorney Daniel Clark sent around to the criminal division on Walton-Anderson’s last day earlier this year, when she left the office to join the US Attorney’s office earlier this year. In the memo, Clark called Walton-Anderson “braver, smarter, wittier, wiser, and savvier than anyone can convey in an email. And her impact on our community, our office and on the many people whose lives she has touched along the way is far greater than I can write.”

LEAD program director Tiarra Dearbone told PubliCola Walton-Anderson “has shown that prosecutors can make discretionary and creative decisions that support community based care and trauma informed recovery. She has made herself available to others across the nation who are trying to stand up alternative programs that create community safety and well-being. This is a really hopeful development.”

Davison’s announcement includes no testimonials on Lindsay’s behalf. According to the press release, Lindsay will work to “coordinate public safety strategies in neighborhoods across the city.”

3. Former City Budget Office director Ben Noble—whose departure announcement we covered last week—is staying on at the city, but moving from the CBO (an independent office that works closely with the mayor to come up with revenue forecasts and budget proposals to present to the council) to be the first director of the new Office of Economic and Revenue Forecasts, which will answer to a four-person body made up of two council members, the mayor, and the city finance director. Continue reading “Pending Sweep Defies “New Approach to Encampments” Narrative, Ann Davison Names Top Staff, and More”

Harrell Announces Key Staff, Veteran Budget Director Departs, Council Adopts New Rules and Transparency Requirements

1. Mayor-elect Bruce Harrell announced a list of top staff on Monday headlined by his campaign manager, niece, and now incoming senior deputy mayor Monisha Harrell.

But the biggest throughline in Harrell’s list of appointees wasn’t family—Harrell, who was omnipresent during her uncle’s campaign, was widely expected to take on a key role in his administration—but the elevation of so many longtime insiders to top roles in the new administration.

Of the ten appointments announced yesterday (and an eleventh, Chief of Staff Jennifer Samuels), all but one are current or recent city of Seattle staff, and half are current appointees or allies of outgoing Mayor Jenny Durkan.

Tiffany Washington, the former head of the city’s Homelessness Strategy and Investment division, is currently Durkan’s deputy mayor, and will continue in that role under Harrell. Julie Dingley, the incoming interim budget director (more on that in a minute), is Durkan’s interim Innovation and Performance director and the former lead budget staffer in Durkan’s office. Adiem Emery, the new Chief Equity Officer (“tasked with delivering on the mayor-elect’s vision to make tangible progress embedding equity across City departments and programs,” according to a a press release), is currently a division director at SDOT.  Pedro Gómez, the incoming head of external affairs, is currently director of Small Business Development for the Office of Economic Development. Harrell’s longtime council aide Vinh Tang works in the city’s IT department.

And former city council member Tim Burgess, who will head “strategic initiatives” in a position listed just below Harrell’s two announced deputy mayors, is a longtime Durkan ally—and, of course, Harrell’s former colleague.

Filling out the list are several longtime insiders who worked elsewhere in the city or are returning after an absence. Chief operating officer Marco Lowe (who will focus “on driving efficiencies in Seattle’s public utility agencies, making Seattle government more transparent and accessible, and streamlining housing and infrastructure construction,” per the press release) worked in two mayoral administrations; policy director Dan Eder is deputy director of the city council’s central staff; and chief of staff Samuels worked for Harrell’s council office.

In fact, besides Monisha Harrell—who serves as deputy monitor overseeing the federal consent decree over the Seattle Police Department—the only City Hall “outsider” on Harrell’s team is former Seattle/King County NAACP leader Gerald Hankerson, who will be Harrell’s external affairs liaison.

“One of the issues over the past few years on the council is that it hasn’t always been completely clear when a deputy of the mayor is speaking for the mayor, and I don’t think there will be any ambiguity at all that when Monisha speaks, she is speaking for her uncle. I think that’s one of the advantages of having a family member in a position like that.”—City Councilmember Andrew Lewis

City Councilmember Andrew Lewis, a member of the public safety subcommittee of Harrell’s transition team, said he has “a lot of confidence in [Monisha Harrell’s] commitment” to pursue non-police responses to emergency and crisis situations. “That’s the real nucleus for moving forward on this intractable argument that we’ve had around what the future of policing is going to be—how can you set up response alternatives?” Lewis said.

The city’s ethics code only raises conflict-of-interest alarms when a city employee supervises an “immediate family member,” which does not include nieces or nephews. (King County’s law is both more prescriptive—the Harrells would be considered each other’s “immediate family”— and slightly more vague.) Former mayor Charley Royer, who served three terms, appointed his brother Bob deputy mayor in 1978, a position the younger Royer held for more than five years.

Lewis said he believes having a mayor and deputy mayor who are related could be an asset. “One of the issues over the past few years on the council is that it hasn’t always been completely clear when a deputy of the mayor is speaking for the mayor, and I don’t think there will be any ambiguity at all that when Monisha speaks, she is speaking for her uncle,” Lewis said. “I think that’s one of the advantages of having a family member in a position like that.”

2. Seattle City Budget Office director Ben Noble announced last week that he is leaving the city after more than 20 years. A longtime city council central staffer who became central staff director in 2006, Noble took over the reins at the budget office in 2014 under Mayor Ed Murray and continued in the position under Durkan, where he often found himself on the opposite side of testy exchanges with his former colleagues over Durkan’s approach to budgeting.

In recent years, Durkan repeatedly attempted to fund her own annual priorities using funds that had already been committed to other purpose (in one case, by Durkan herself), sparking heated debates between the council and the budget office. Last year, Durkan vetoed both the budget and legislation funding COVID relief, both times unsuccessfully.

City Councilmember Alex Pedersen prevailed Monday on a change to the city council’s rules that will allow him (and other council members) to abstain rather than vote on council resolutions unrelated to city business, like the one praising Cuba for its response to the COVID pandemic last year

In a letter to city staff, Noble provided little detail about why he is leaving, calling it “very much a personal decision.” Whatever prompted it (former colleagues speculated burnout, but Noble demurred), his departure opens up a major position in the Harrell administration—and represents a significant loss of institutional knowledge, brainpower, and longstanding relationships between the executive and legislative branches.

3. City Councilmember Alex Pedersen prevailed Monday on a change to the city council’s rules that will allow him (and other council members) to abstain rather than vote on council resolutions unrelated to city business, like the one praising Cuba for its response to the COVID pandemic last year. The legislation was part of a package of council rule changes that will, among other things, move City Council meetings to Tuesdays and limit the amount of time council members can speak to a pending motion. The new rule, which Councilmember Lisa Herbold opposed as vague and open to “unintended consequences,” says that council members can abstain from any resolution that, according to the council president, “does not pertain materially to the City of Seattle.”

Pedersen has long complained that nonbinding resolutions, many of them proposed by his ideological opposite Kshama Sawant, are pointless wastes of the council’s time; in early 2020, he proposed and passed a sarcastic resolution condemning “all forms of oppression affecting communities throughout the world—a response to a Sawant resolution in on national policy in India and Iran.

4. Pedersen cast the lone “no” vote against legislation that will require incoming city attorney Ann Davison to notify the council within 90 days of making changes to, or eliminating, the city’s pre-filing diversion programs, and provide quarterly reports to the council about the effectiveness of diversion. Continue reading “Harrell Announces Key Staff, Veteran Budget Director Departs, Council Adopts New Rules and Transparency Requirements”

Council Changes Course, Won’t Require City Attorney to Run Diversion Programs

City attorney-elect Ann Davison
City attorney-elect Ann Davison

By Paul Kiefer

The Seattle City Council is backpedaling its plans to add diversion to the Seattle City Attorney’s list of mandatory responsibilities.

Earlier this year, city council president Lorena González said she would propose legislation to require the city attorney to send some misdemeanor cases to diversion programs instead of filing charges. Instead, on Thursday, González introduced a pared-down bill that would require the city attorney to notify the council 90 days before making any changes to, or eliminating, the office’s diversion programs, and provide quarterly reports to the council about the effectiveness of any diversion programs.

Diversion programs typically replace punishment, such as fines or jail time, with counseling and mandatory check-ins; in recent years, the city attorney’s office has begun relying on diversion programs to address crimes ranging from shoplifting to misdemeanor domestic violence.

González, along with committee chair Lisa Herbold and the bill’s co-sponsor, Councilmember Andrew Lewis, made clear on Thursday that the proposal would not require the city attorney’s office to run any programs that offer alternatives to prosecutions. “Nothing in this legislation impedes the city attorney’s discretion,” González said.

UPDATE Friday, December 10: In an email to all council members on Thursday morning, Davison suggested that the watered-down bill was a sexist act against Davison, who will be the city’s first female city attorney, writing, “none of my male predecessors faced a single preemptive move by the council to establish additional reporting requirements and restrictions on operations in the two months before they took office… I encourage my esteemed colleagues on City Council to question whether they are enforcing a double standard and what message that sends our daughters who one day may seek elected office.”

Davison also accused the council of ignoring “real public safety crises” in Little Saigon, the downtown core and north Seattle and instead “rush[ing] through” a bill to increase reporting requirements for the city attorney’s office. Citing a Seattle Times editorial that blamed the council for an uptick in crime in Little Saigon and the office’s 3,885-case backlog, Davison said she would “re-center the victims in our city’s public safety conversation.” She added that she was committed to transparency and “bolster[ing] the city’s diversion programs.”

The new legislation represents a dramatic turnaround from October, when González said she intended to introduce legislation by December to require the city attorney’s office to devote resources to diversion programs. Next year, thanks to a budget amendment also sponsored by González, $2 million of the city attorney’s budget will be earmarked for diversion programs, although city attorney-elect Ann Davison could choose not to spend those dollars.

Diversion programs have become a familiar feature of Seattle’s criminal justice system. The city attorney’s office is a key participant, referring defendants to nonprofit diversion programs and providing attorneys to work alongside defendants’ case managers in those programs. In the past two years, for example, the office sent more juvenile cases to the youth diversion nonprofit Choose 180 than it filed in court. Continue reading “Council Changes Course, Won’t Require City Attorney to Run Diversion Programs”

Harrell Announces 129-Member Transition Team after Most Expensive Mayoral Race in History; Davison to Take Over Depopulated City Attorney’s Office

1. Mayor-elect Bruce Harrell announced a 129-member transition team yesterday that includes Guns N’ Roses bassist Duff McKagan, current city council member Teresa Mosqueda, former mayoral candidate Jessyn Farrell, a long list of former Greg Nickels, Ed Murray, and Jenny Durkan staffers, and an entire committee overseeing “sports and mentorship” programs, headed by regional NAACP president Gerald Hankerson. Also on the team: Two of the leading opponents of a bike lane in Lake City that Mayor Jenny Durkan ultimately killed.

The team seems likely to grow; late on Tuesday, city council member Andrew Lewis confirmed that he will serve on the team’s public safety committee, one of 12 subject-area committees that make up the advisory group.

Harrell’s transition team also includes a “philanthropy” committee that includes representatives from the Ballmer Group, Amazon, Tableau, and a number of local foundations—echoing Harrell’s campaign promise to fund some city needs, such as programs to address homelessness, using voluntary donations from individuals and corporations.

The new administration’s transition team, for those keeping score (sports metaphor?), is more than twice the size of the transition team outgoing mayor Jenny Durkan announced when she was elected in 2017, and almost three times larger than the team ex-mayor Ed Murray set up in 2013.

Transition teams typically help mayors staff up and set priorities, but their primary role in recent years has been to demonstrate broad political support after a bruising election campaign, which this very (very) large and diverse group certainly does.

Harrell’s niece and campaign manager Monisha Harrell told the Seattle Times that Harrell would comb the transition team for potential members of the administration.

Since the August primary election, when voters kicked three-term incumbent Pete Holmes off the ballot, the city attorney’s criminal division has lost eight prosecutors, or nearly a quarter of its entire prosecution team.

As a point of recent historical reference, just two members of Durkan’s transition team joined the administration: former Transportation Choices Coalition director Shefali Ranganathan, who was one of Durkan’s deputy mayors, and former Building Changes director Helen Howell, who served briefly as interim director of the Human Services Department before joining the King County Regional Homelessness Authority as deputy CEO in July.

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2. Harrell’s campaign also set a record this year—it was the most expensive mayoral campaign in Seattle’s history by a long shot (sports metaphor?). According to campaign records, the official Harrell campaign raised just over $1.4 million in direct contributions, including $19,250 from Harrell himself.  By the same point in her campaign, Durkan had raised just over $970,000.

That’s a significant increase—Harrell has raised half again as much as Durkan had by the same point in November 2017—but it’s dwarfed by the total amount of money poured into the campaign by independent spending, primarily a real estate-backed IE called Bruce Harrell for Seattle’s Future. That campaign has raised $1.4 million, almost entirely from commercial real-estate developers and property managers; combined with independent spending from the National Association of REALTORS and the Seattle Firefighters PAC, independent groups spent almost $1.6 million getting Harrell elected, a sum that dwarfs the $835,000 an Amazon-backed group called People for Jenny Durkan spent on Durkan’s behalf.

At the time, editorial and news writers found it at least noteworthy that at a time when publicly financed “democracy vouchers” were supposed to get big money out of campaigns, the mayoral election went to the candidate who had hundreds of thousands of dollars in corporate money propping her up. This year’s election, in which the winning campaign cost $3 million, or almost $20 per vote, makes 2017’s shocking outlays look almost quaint.

3. Ann Davison, the city attorney-elect, had a simple campaign platform: Unlike my opponent, I will prosecute crime. (Davison’s opponent, public defender Nicole Thomas-Kennedy, pledged to phase out most misdemeanor prosecutions.) She’ll enter office with her work cut out for her: Since the August primary election, when voters kicked three-term incumbent Pete Holmes off the ballot, the city attorney’s criminal division has lost eight prosecutors, or nearly a quarter of its entire prosecution team. The chief of the criminal division, Kelly Harris, left the division for a private-sector job last month.

Continue reading “Harrell Announces 129-Member Transition Team after Most Expensive Mayoral Race in History; Davison to Take Over Depopulated City Attorney’s Office”

“In This House,” Seattle Votes for the Status Quo

Bruce Harrell campaign sign with extra sign reading "MODERATE."

By Erica C. Barnett

On Tuesday, less than 18 months after nationwide protests against police violence prompted Seattle leaders to consider new approaches to public safety, Seattle voters endorsed a return to the pre-pandemic status quo, electing a slate of candidates who promised to hire more cops, crack down on crimes associated with poverty and addiction, and remove more unsheltered people from public spaces, with “consequences” for those who refuse to go.

Longtime former city council member Bruce Harrell will be mayor;  longtime city council aide-turned-“take back Seattle” brewery owner Sara Nelson will replace Lorena González on the city council, and Republican (and three-time candidate) Ann Davison will be city attorney.

The new regime is a significant win for the business and political leaders who have been shouting for the past year and a half that Seattle Is Dying because the city’s mushy progressivism has gone too far. What’s ironic about that view is that “the left”—that is, people on Twitter who have the unique ability to send mainstream pundits into fits of derangement—has essentially no power in Seattle city government.

Yes, there are a few more progressive faces on the council than there were a dozen years ago. But that doesn’t mean they’ve had much luck changing city policy (and on many issues, the council is still sharply divided). Under Seattle’s form of government, the mayor controls almost every city department and has the authority to ignore or reverse the council’s policy and spending directives, meaning that even if the council were to tell the mayor to, say, cut the police department by 50 percent, the mayor could and probably would just ignore them—as Seattle’s current moderate mayor, Jenny Durkan, has done with policy after policy. If the council’s progressive bloc could spend money or establish policy by fiat, you would see a whole lot more hotel-based shelters, public restrooms, and handwashing sinks around the city.

Of course, if your entire understanding of how politics currently operate in Seattle is based on Twitter, you might believe that the “Nikkita Oliver left” is actually in charge of things. It’s an analysis that feels right—if you choose to ignore the list of people who are actually running the city and the policies they have created.

For the past several years—the period when centrist pundits claim that Seattle was controlled by a far-left progressive bloc—the city has stayed the course on any number of policies that previously failed to address the city’s problems—pouring money into downtown Seattle at the expense of other neighborhoods, offering huge hiring bonuses to new police officers, and ramping up encampment sweeps to pre-pandemic levels. (Prior to the current administration, encampment residents generally got 72 hours’ notice before a sweep.)  Progress on Vision Zero, a plan to eliminate traffic deaths and serious injuries by 2030, has not only stalled but reversed, with more people killed by traffic violence last year than in any year since 2006. Exclusionary zoning laws continue to prohibit new housing except in tiny strips of land along major arterial roads. And overdose deaths have increased dramatically, an outcome that could have been mitigated by opening the supervised consumption site King County recommended in 2016, and which Durkan has consistently (and successfully) opposed.

The claim that Bruce Harrell, Sara Nelson, and Ann Davison represent a set of “fresh new faces” with “new ideas” may be the most confusing piece of conventional wisdom being pushed by Seattle’s pundit class. Harrell served on the council for 12 years before stepping down at the end of 2019. His homelessness policy, a copy-and-paste of the failed Compassion Seattle charter amendment, was drafted by 12-year council veteran Tim Burgess. And Nelson’s old boss, Richard Conlin, was a 16-year incumbent.

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As mayor, Harrell’s campaign promises sound pretty much the same as Durkan’s when she came into office: More, better, reformed police, lots of new shelter beds, and a “pragmatic” approach to the city’s basic issues, like transportation. (Cycling advocates have considered Durkan particularly hostile to their requests for safer infrastructure; at a recent campaign forum, Harrell made a point of mocking bikes as a viable transportation option.) Durkan never did build all 1,000 tiny houses she promised to complete by the end of her first year, and the police department is so far from “reform” that it remains under a federal consent decree, after Durkan and outgoing city attorney Pete Holmes prematurely tried to terminate the agreement in 2020. At the beginning of her term, Durkan vowed to apply a compassionate but tough approach to the city’s most pressing issues. Now that her four years are up, Harrell is proposing more of the same.

Seattle has always been a wealthy, mostly white, fundamentally centrist city that wears its thin veneer of progressive politics like a “Black Lives Matter” sign slapped in the window of a single-family house in a segregated neighborhood.

Of course, if your entire understanding of how politics currently operate in Seattle is based on Twitter, you might believe that the “Nikkita Oliver left” is actually in charge of things. It’s an analysis that feels right—if you choose to ignore the list of people who are actually running the city and the policies they have created. For people who are well represented by the current status quo, it can feel like oppression to listen to how people talk about you and your political allies in an online space that you chose to enter. But look around: Seattle has always been a wealthy, mostly white, fundamentally centrist city that wears its thin veneer of progressive politics like a “Black Lives Matter” sign slapped in the window of a single-family house in a segregated neighborhood.

Davison, admittedly, is a special case—one Seattle’s center left may soon regret supporting as gleefully as they backed moderates Nelson and Harrell. On election night, several Davison supporters at Harrell’s party referred to her, somewhat apologetically, as “Republican-Lite,” but there’s little question about the views she has expressed in public. When Davison ran against city council incumbent Debora Juarez (one of those moderate council members the pundits who scream about the “far-left council” never mention) in 2019, she proposed fixing homelessness by rounding up unsheltered people and busing them to warehouses on the outskirts of the city, where they would somehow be kept alive for less than $1,500 a year. A year later, she declared herself a proud Republican and ran for lieutenant governor on the Donald Trump/Loren Culp ticket. Her plans for that office were even easier to fit on an index card: If elected, she said, she would abolish the office.

Seattle spent much of 2020 in righteous convulsions over Trump’s revanchist, neo-1968 law-and-order rhetoric. But when it comes to quieter dog whistles—protecting single-family zoning, “reclaiming our parks,” and “reforming” the police department—Seattle always responds on cue.

And there is considerable overlap between Harrell’s supporters and Davison’s (they even share some of the same consultants). On election night, after Harrell made his celebratory speech, a number of people from Harrell’s party piled into their cars and headed over to Davison’s celebration party. One was former Ed Murray public safety advisor (and Davison endorser, Chris Gregoire’s son-in-law) Scott Lindsay, who could hold a high-ranking position in the Davison city attorney’s office. Although most of the work of the office is in the civil division, Davison has said her top priority would be prosecuting misdemeanors—a radical reversal of the policies Holmes has put in place over the past 12 years, and a retreat into the zero-tolerance, broken-windows approach Lindsay has advocated.

Seattle spent much of 2020 in righteous convulsions over Trump’s revanchist, neo-1968 law-and-order rhetoric. But when it comes to quieter dog whistles—protecting single-family zoning, “reclaiming our parks,” and “reforming” the police department—Seattle always responds on cue. “In this house,” Seattle votes for the status quo.

On Election Night, Voters Reject Progressive Slate

By Erica C. Barnett

With reporting by Paul Kiefer and Clara Coyote

Even before election results appeared on the big screen at presumptive mayor-elect Bruce Harrell’s campaign party Tuesday night, the mood in the room—a cavernous upstairs event space overlooking Second Avenue downtown—was jubilant. The campaign for mayor has been unusually ugly, and the candidates’ dislike for each other has been palpable.

A late-breaking dispute over a González ad that the Harrell campaign denounced as “racist” didn’t help González’s campaign, but it’s hard to attribute a blowout margin of almost 30 percent to a single event. Instead, it looks like Seattle voters went hard for a slate of candidates who promised to return Seattle to the time before last year’s Black Lives Matter protests, when there was no question that the city’s job was to hire more police, remove encampments, and make Seattle a business-friendly climate with parks activated by giant Connect-4 sets and jazz trios, not marred by the visible evidence of the homelessness crisis.

Besides Harrell, the leading candidates in last night’s city of Seattle races were Republican city attorney candidate Ann Davison (leading public defender Nicole Thomas-Kennedy 58 to 41 percent) and Fremont Brewing owner and Position 9 candidate Sara Nelson (leading attorney and activist Nikkita Oliver 60 to 39 percent). Even Kenneth Wilson, the Position 8 candidate whose campaign against incumbent Teresa Mosqueda boiled down to “reopen the West Seattle Bridge,” tallied almost 60,000 early votes, trailing Mosqueda by just 47 to 52 percent. This wasn’t a long-tail election; it was three separate blowouts, plus a warning: Candidates who (like Mosqueda) are seen as progressive can’t count on their seats anymore, not even in Seattle.

The undercurrent of backlash was evident at Tuesday’s Harrell celebration, attended by a long list of current and former Seattle power brokers who no longer wield the influence they once did at city hall. Current deputy mayor and former mayoral candidate Casey Sixkiller was there, as were ex-council member (and “Compassion Seattle” founder) Tim Burgess, former Murray public safety advisor-turned-pro-police quote machine Scott Lindsay, former city council member Jan Drago, and the CEOs of both the Seattle Metropolitan Chamber of Commerce, Rachel Smith, and the Downtown Seattle Association, Jon Scholes.

The current mayor, Jenny Durkan, was in Glasgow for the C40 climate conference. She did not endorse any candidates in this year’s elections.

Surrounded onstage by family members and former Seattle mayor Norm Rice—the city’s first Black mayor—Harrell said he and his team were “going to put Seattle on fire with our love. … We’re going to have a new conversation on homelessness, a new conversation on education, on transportation, on climate change… rooted in the love we have for each other and the love we have for the city.”

Support for Harrell’s campaign came largely from business and real estate interests, which poured more than $1.3 million into an independent expenditure effort on his behalf. (Harrell’s own campaign raised about $1.2 million, making the campaign the most expensive in Seattle’s history).

Over at González HQ—for election night, Hill City Tap House in Hillman City—the mood was less dour than one might expect, oddly, even jovial, given the immense hill González would have to climb to reverse the night’s results. (Officially, neither mayoral candidate declared victory or conceded). Campaign staff and supporters passed around pints of beer, union members and a large group city council staffers packed together under the outdoor awning, and a who’s-who of progressive political figures, including 37th District state Rep. Kirsten Harris-Talley and former mayoral candidate Andrew Grant Houston gestured at one another with slices of pizza. Gonzalez’s sister and nephew flew in from Kansas City.

Speaking to the crowd, González said it was still too early to concede. “We are used to being underdog in every which way, and this is no exception,” she said. “The fact that so many of the votes of our voters, who tend to vote at the very end, means that we may not know who will be the next mayor until later this week.” Her own longtime staffers, however, looked visibly shaken. Continue reading “On Election Night, Voters Reject Progressive Slate”

Council Tries to Protect Diversion Programs, ICE Contractor Ordered to Pay Minimum Wage, SPD Will Phase Out Minor Traffic Stops

1. For at least the past decade, the Seattle city attorney’s office has worked to replace punitive criminal-justice approaches with programs designed to reduce recidivism without involving police and jails. The office launched pre-filing diversion programs; supported an intervention program for domestic batterers; and took part in the launch of a new community court in 2020. The office still prosecutes misdemeanors—assault, theft and trespassing remain among the most common charges—but outgoing City Attorney Pete Holmes frequently argues that Seattle’s public safety problems can’t be solved with jail time alone.

All of those new additions to the office’s workload are discretionary. A future city attorney could decide to repurpose all or some of the money that currently supports diversion programs and ramp up criminal prosecutions, for example. Ann Davison, a Republican who could become the next city attorney, seems poised to do something along those lines. In Davison’s view, Holmes has failed to adequately pursue misdemeanor charges for “quality of life” crimes like property destruction and shoplifting.

The prospect of an incoming city attorney who might cast aside years of reforms prompted some members of the Seattle City Council, which has supported the office’s diversion programs since 2017, to consider setting some of those reforms in stone.

On Wednesday, council president Lorena González proposed restricting almost $2 million of the city attorney’s 2022 budget so that it can only pay for diversion programs.  Her amendment notes that the council is also working on legislation that would make diversion a permanent duty of the city attorney’s office, in an attempt to deter future city attorneys from discontinuing these programs. That bill will likely go before the council in December.

On Wednesday, council president Lorena González proposed restricting almost $2 million of the city attorney’s 2022 budget so that it can only pay for diversion programs

Public safety committee chair Lisa Herbold introduced her own amendment to add four new positions to the city attorney’s diversion team, to support LEAD and other pre-filing diversion programs run by Choose 180, Gay City, and Legacy of Equality, Leadership, and Organizing (LELO).

While a future city attorney could sidestep the proposed proviso by simply not spending the dollars earmarked for diversion, failing to spend money allocated for a specific purpose comes with some political risk. Another looming risk for the city attorney’s office—the departure of staff from its civil division, which works with the council to develop new policies, in response to the change in leadership—is out of the council’s control.

Despite the obvious allusions to Tuesday’s election, no council member mentioned Davison by name.

2. A federal jury determined on Wednesday that the for-profit firm that operates the Northwest ICE Processing Center in Tacoma violates Washington’s minimum wage laws by paying detainees only $1 per day for their labor. The jury also ruled that the Florida-based GEO Group Inc., one of the largest private prison and immigrant detention center operators in the country, will need to pay all workers the state’s $13.69 hourly minimum wage, or more, immediately.

Next, U.S District Court Judge Robert Bryan will decide how much the company profited from more than a decade of underpaying detainees to perform most non-security labor in the detention center. Attorney General Bob Ferguson is requesting that the court order GEO to reimburse detainee workers for years of underpaid wages, as are a group of private plaintiffs in a separate class action lawsuit.

During the two-and-a-half-week trial, several former and current staff at the detention center said GEO also replaced civilian workers with detainees to cut costs; Ferguson also asked the court to require GEO to reimburse civilian workers for wages they lost when they were replaced by detainees.

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The ruling comes four years after Ferguson initially sued GEO for minimum wage violations. In that time, detainees at the facility have held multiple protests and hunger strikes to raise concerns about overcrowding, inadequate meals, and a lack of access to medical care.

GEO has owned and operated the facility—the fourth-largest of its kind in the country—since 2005, but when the company’s current contract expires in 2025, the facility will likely close because of a new law, signed by Gov. Jay Inslee this past spring, banning most private detention facilities. GEO is currently challenging that law in federal district court, arguing that it undercuts the federal government’s authority to detain immigrants and that the closure would mean moving hundreds of detainees far away from their families and attorneys.

The nearest detention facility that can hold ICE detainees is a jail in Yuba County, California, which can hold up to 220 people for ICE.

Though the ramifications of Wednesday’s ruling are tremendous for current and former detainees at the Northwest detention center—according to earlier estimates by GEO, the center generated some $57 million in annual profits—those ramifications won’t extend to the much larger incarcerated workforce in Washington State’s prisons, Ferguson spokeswoman Brionna Aho said. Nearly 2,000 people in state custody produce furniture and medical gowns, cook and package meals, and clear trails, among other jobs; after the state deducts victim compensation, incarceration costs, and other fees, inmate workers earn far less than minimum wage.

3. In a memo to the city council and Mayor Jenny Durkan’s office last week, Seattle Police Chief Adrian Diaz endorsed a plan to phase out traffic stops for minor infractions by the end of the year.

The memo comes five months after Seattle Inspector General Lisa Judge, who co-signed the letter, asked SPD to bring an end to traffic stops for infractions that, unlike DUI or reckless driving, do not endanger the public. Continue reading “Council Tries to Protect Diversion Programs, ICE Contractor Ordered to Pay Minimum Wage, SPD Will Phase Out Minor Traffic Stops”