Tag: Carmen Best

Durkan Will Veto Council Budget Over Cuts to Police Department; Council President Hopes for Compromise

As I first reported on Twitter this morning, Mayor Jenny Durkan will announce this afternoon that she will veto the city council’s midyear budget rebalancing package, a move that could effectively remove one co-equal branch of government from the city’s budget process by reinstating Durkan’s original budget proposal with no input from the council. The council could overturn the veto, as they did the mayor’s recent veto of a COVID relief package that relies on future revenues from the JumpStart payroll tax. Or—as seems likely—the council try to work with Durkan to come up with a rebalancing package that the mayor will accept.

“The bills I am vetoing today were passed without the level of collaboration that I think we need, and more important, that the city expects of us,” Durkan said at a press conference this afternoon, “but I am optimistic that we can continue to work together to bridge the gaps. I continue to believe that we can [reach] common ground on the vision for SPD that has been laid out by Chief [Carmen] Best and I.”

The objections Durkan raised were familiar to anyone who has been following the debate over police defunding: The mayor said that the council is attempting to change things “overnight,” “without a plan,” and that her budget proposals already contain large cuts to the police department. The vast majority of those cuts, however, come from transferring some current SPD functions, such as the 911 dispatch center, into other parts of the budget—not from transforming the city’s approach to public safety or reducing the number of SPD officers, as protesters have been demanding since May.

City council president Lorena González said in an interview that she is “incredibly disappointed’ in the mayor’s decision to veto yet another council spending proposal. “It is obvious that there is a significant difference of opinion between the City Council and the mayor and the chief on what can and should be achieved in 2020 in order to respond to the calls from community to reduce the Seattle Police Department’s budget this year and begin the process of investing in community safety programs,” González says.

The rebalancing proposal was necessary to deal with a midyear budget shortfall of around $300 million, a number that keeps getting edited upward as new revenue projections come in.

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The council’s plan included more significant, but still relatively minor, cuts. The version they adopted cuts SPD’s budget by 7 percent by eliminating the encampment-removing Navigation Team, reducing the salaries of SPD command staff (including Best, whose 2020 pay was reduced by $6,000) and cutting 100 positions at SPD through a combination of layoffs and attrition. The council’s proposal also provided $3 million to start a participatory process to reallocate SPD to community-based public health and safety programs, plus $14 million to a combination of city and community programs, funded through an interfund loan that Durkan said was the main reason for her objection to that particular spending proposal.

“Look, it’s a loan that I’m not sure we can repay, and we know with the coming budget that we will have to do some interfund loans just to keep the city services that we have,” Durkan said.

Durkan mentioned the Navigation Team specifically at several points during her press conference, suggesting that the council wanted to cut the team “without a plan” to deal with dangerous encampments. “I’ve had open houses with a number of community and neighborhood groups in the last weeks, and the impact that some of these encampments are having are real— and they are also real for the people living in those encampments,” she said. “We have to have a way to bring people inside and address the public safety [issues], and the cuts did not allow us an opportunity to do that.” Since the pandemic began, the city has provided only about 100 new shelter spaces for the thousands of people living unsheltered in Seattle.

Under the city charter, the council must take a vote to overturn or sustain the veto within 30 days. Council president Lorena González says her hope is that, rather than simply overturning another mayoral veto, the council will be able to “come to some agreement  with the mayor around a rebalanced package, and that’s going to be a two-way street. We need her to make a good-faith effort to engage in order to meaningfully move this forward.”

Otherwise, González says, the council and mayor will likely stay stuck in “this constant back and forth” of vetoes and votes to overturn. “This mayor has made a historical number of vetoes. I’m not aware of any other mayor in the history of the city of Seattle who’s used veto power at this level, and I think that she is sending us a clear message that she will continue to do so,” González says.

It’s clear that there are still significant gaps between what the council wants and what the mayor will accept. In particular, it’s unclear what, exactly, the mayor would consider “on the table” when brokering a future “compromise” with the council. The Navigation Team, community spending, participatory budgeting research, command staff salaries, and SPD personnel cuts seem to be off the table.

But there is also now precedent for compromise between the mayor and the council. This afternoon, Durkan also announced an agreement on the COVID relief package that is much smaller than the council’s original proposal but that will, in the words of JumpStart sponsor Teresa Mosqueda, enable the city to “mov[e] forward jointly as we cannot wait another day” for relief to residents and small businesses impacted by the pandemic.

Morning Fizz: Stranger Editor Nixed, Former County Dems Director 86’d

By Erica C. Barnett

Doing a retro Morning Fizz this morning to round up a few items I haven’t been able to get to.

1. Bailey Stober, the former head of the King County Democrats who lost his position in 2018 due to allegations of sexual harassment, bullying, and financial mismanagement, called police late one Friday night in July to report what he described as a 10-person bar brawl at the Cloud 9 tavern in Kent. According to reports from witnesses, the fight started when security asked Stober to take his feet off a bar stool and he refused. I documented Stober’s downfall as head of the county Democrats—a saga that included misogynistic text messages, thousands of dollars spent on office rent, booze, and boys’ club getaways, and accusations that one of his accusers was an unreliable drug addict—on the Crank.

Stober resigned from his $90,000-a-year job as communications director for the King County assessor in 2018, amid an investigation into whether his behavior as head of the Democrats disqualified him from the position. But he quickly landed on his feet, taking consulting jobs for local campaigns before getting a full-time position as communications director for Kent Mayor Dana Ralph.

Witnesses interviewed by police who arrived at the Cloud 9 around 2 in the morning on July 11 said that after refusing to take his feet off the bar stool or leave the bar when asked to do so, Stober “began yelling that he works for the City of Kent and that he works for Kent PD.” According to the police report, “As [Stober] was proclaiming his employment, he began waving around his City of Kent ID card.”

Stober later told an officer that he had only claimed to work for the mayor, not the police.

At that point, several witnesses told police, someone punched someone else in the face, and a confusing fight between security guards and several patrons who were with Stober ensued.

Stober, according to all accounts, left the bar and went outside to call 911 without getting mixed up in the fight himself. When officers arrived, he told one that “he believed he may have instigated a bar fight without intending to,” according to one officer’s account.

Another officer reported that “[b]efore I could ask any further questions, he stated ‘I already called the Mayor and the Chief.'” Later, the same officer reported, “Bailey was advised he was trespassed from Cloud Nine for life. Bailey said he understood and would not be coming back.

“Bailey appeared to be very intoxicated during this investigation,” the officer’s account continues. “Bailey mentioned he worked for the Mayor’s Office and made comments to myself and other officers’ that Cloud Nine’s liquor license would not be renewed.”

The Kent City Attorney declined to file charges against Stober and the case was closed in early August.

Contacted by email, Kent Mayor Dana Ralph said her office “has reviewed Mr. Stober’s conduct from a personnel standpoint, taken proper disciplinary action, and documented it in his personnel file. We consider the matter resolved.” Ralph did not specify what disciplinary action she took against Stober, and Stober himself did not respond to an email seeking comment.

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2. A Seattle resident has filled a complaint with the city’s Office of Police Accountability against police chief Carmen Best for “using her official position to promote her private affairs.” The complaint centers on Best’s use of the police department’s website to complain about demonstrators who attempted to show up at her house in Snohomish, a small town about 30 miles north of Seattle.

“[T]he time she, and other employees spend on posting the article on the blog, is not a matter for the City of Seattle, and as a resident of Seattle, my tax dollars should not go to waste on this issue outside of the city,” the complaint says. “This is a serious matter, and a full investigation of what resources Carmen is directing to support her private residence needs to come to public attention.”

The complaint bounced around a bit, going to the city auditor’s office and the Seattle Ethics and Elections Commission before landing on OPA director Andrew Myerberg’s desk. Myerberg says OPA is doing intake on the complaint (along with thousands of others stemming from ongoing protests against police violence) now, a process that takes up to 30 days. Once that’s done, the office will determine whether Best violated any city policy and, “even if we close it as a contact log”—a designation that means OPA found no misconduct—”we’ll send some kind of explanation.”

3. Longtime Stranger editor Christopher Frizzelle is no longer employed by the publication. Last week, a majority of the Stranger’s editorial staffers reportedly told upper management it was him—or them. The decision didn’t come out of the blue; according to sources, editorial staffers have been dissatisfied with much of the online content, including daily video messages from people in the Seattle arts scene, and had issues with Frizzelle’s management style.

The paper has not published a print edition since early March, and has downsized dramatically since the onset of the pandemic, laying off all of its print production staff and many editorial staffers. 

“This Was Never Personal. It Was Always About Changing Systems.” Council Members Stand Behind “Corrected” Statements on Police Chief Departure

Tammy Morales and Teresa Mosqueda; image via City of Seattle

By Erica C. Barnett

Reporters covering the reactions to Seattle police chief Carmen Best’s resignation yesterday received two different versions of a joint statement from council members Lorena González, Teresa Mosqueda, and Tammy Morales. The first pushed back explicitly on Best’s claim that the council cut SPD’s budget, and the salaries of the department’s command staff, for personal and “retaliatory” reasons. The second, less than half the length of the original, thanked Best for her service and reiterated the council’s commitment to systemic changes in the city’s approach to public safety.

The original statement, which the council’s communications office “recalled” and replaced minutes after sending it, contextualized the cuts as part of a larger effort to address “accountability and systemic racism in Seattle’s Police Department [and repair] the harm done by this City to Black and Brown communities.” It also emphasized that both Best and the three Latina council members were all women of color, who “face the impossible task of reforming and improving institutions never designed to serve our communities.”

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“As women of color in public service, it can feel impossible to do this work in very visible positions of power. We cannot lead by tearing each other down, despite whatever policy disagreements we may have,” the initial statement said.

Although the hasty recall and overhaul of the original statement might imply that the three council members regretted their original comments, all three confirmed to The C Is for Crank that they still stood by what they said in the initial press release.

“This was never personal; it was always about changing systems,” Mosqueda said Wednesday afternoon. “It’s unfortunate that she saw [cuts to the police department] as personal in nature. This was never, ever an adversarial comment made about the chief. This was always about the system.”

González, who said “gave [the chief] my commitment that I would never tear her down because as a woman of color I understood what a difficult position she was in,” said she didn’t regret her vote to cut the command staff’s salaries, a decision Best has explicitly called “vindictive and punitive.”

“When we were looking at the budget and attempting to respond to the calls of community to take action, to invest in solutions that produce racial justice outcomes,  the reality is that everything is on the table,” González said, “and the SPD executives’ salaries were clearly out of line with the salaries of other executive teams in the city.”

And Morales, who represents Southeast Seattle, said that although she’s “sad to see Chief Best go” because she “brings a unique perspective and lived experience that would have been valuable to the work we’re going to try to do,” the city has been trying to address police accountability and violence since long “before Chief Best was the chief.

“It wasn’t about her—it was about the institution she was a part of, and this is an institution that’s rooted in racism,” Morales said. “Chief Best is loved by her staff and her department, but they are all still part of that system, and that’s what we’re trying to change … the institution and the harm that it’s done. Speaking as the representative from District 2″—the most diverse, and Blackest, district in the city—”that’s what I came into this office to do.”

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

By Paul Kiefer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Seattle Police Chief Carmen Best Stepping Down September 2

By Erica C. Barnett

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

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

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

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

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

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

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

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

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

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

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

This post originally appeared at the South Seattle Emerald.

By Erica C. Barnett

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

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

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

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

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

The package of bills adopted Monday would also:

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

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

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

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

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

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

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

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

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

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

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

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

Seattle police chief Carmen Best

By Paul Kiefer

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

By Erica C. Barnett

This piece originally appeared at the South Seattle Emerald.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By Paul Kiefer

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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