Tag: Claudia Balducci

Guest Post: New Affordable Housing Dashboard Promotes Transparency and Accountability 

by Claudia Balducci

It’s no secret we have a dramatic housing shortage in King County. This has real human consequences, leaving too many with insecure housing and contributing to an unacceptably high level of homelessness. Many people and organizations – public and private – have been working hard to tackle the problem. We’ve seen increased investment at all levels of government and from private companies, partnerships to provide affordable housing near transit, new funding sources to support subsidized housing, zoning changes to allow more housing in some areas, new regional collaborations, and much more.

But the headlines keep coming: housing costs continue to rise and COVID times have brought job loss and the risk of housing loss for many more people than before. Many thousands of families spend more than half their income on housing, leaving them just one extra expense away from homelessness. Questions should be asked:  Are our efforts enough? What more must we do to ensure that people have access to the housing that they need and deserve? To understand the answers to those questions and to be sure our efforts are working, we needed to know more.

That’s why I’m excited to share that this week the Growth Management Planning Council’s Affordable Housing Committee, which I chair, released a Regional Affordable Housing Dashboard to track our county’s progress toward our goals. This new tool will help hold us all accountable to the bold and ambitious goals set by the Regional Affordable Housing Taskforce to build or preserve 44,000 affordable homes by 2024 and 244,000 homes by 2040.

The dashboard will help jurisdictions track their progress, arm housing advocates with data to make their cases, and provide the public with information to hold elected leaders accountable.

To our knowledge, no dashboard like this has ever been built. The dashboard will help jurisdictions track their respective progress, arm housing advocates with data to make their cases, and provide the public with information to hold elected leaders accountable. The dashboard’s “Jurisdictional Snapshots” section offers information about housing affordability and policy enactment by city. Additionally, a wide variety of affordable housing data— from housing policies to transit-oriented development and displacement—are available for download either as raw data or charts.

The tool itself illustrates the power, and challenge, of working together. The Affordable Housing Committee, which is composed of 19 elected, nonprofit and business leaders, provided an umbrella for the hard work it took to identify data sets, analyze the data and reach agreement on how to interpret the data.  This collaboration across our county is something to celebrate.

Here’s what the dashboard tells us already:

• King County lacks an adequate supply of affordable homes for the lowest-income renters who must compete for the limited number of rental homes affordable to them in the private market. Only 27 units are affordable and available for every 100 extremely low-income households (those making between 0 and 30 percent of Area Median Income, or AMI).

  • Black households are severely cost-burdened (defined as paying more than half of one’s salary for housing) at twice the rate of white households. Twenty-six percent of Black households are severely cost-burdened, as compared to 13 percent of white households.
  • Our region established a goal to build or preserve 44,000 homes affordable to households with incomes at or below 50 percent of AMI between 2019 and 2024. To meet this goal, we need to create 8,800 affordable units per year; but in 2019, only 1,595 affordable units were created.

Continue reading “Guest Post: New Affordable Housing Dashboard Promotes Transparency and Accountability “

Mercer Island Plans Homeless Ban, Shakeup at Homelessness Authority

Image via Wikimedia Commons

1. On Tuesday, the Mercer Island City Council is scheduled to vote on a proposal to ban all “camping” in the city, including sleeping unsheltered in public places and sheltering in a vehicle overnight. People who violate the ban—anyone who remains unsheltered in the city overnight—could be jailed for up to 90 days and fined $1,000 for each violation. Any vehicle that is used for overnight shelter, including RVs, could be impounded.

At a Mercer Island City Council meeting last month, Councilmember Jake Jacobson said the proposed ordinance “addresses public safety concerns [about] people who, but for this ordinance, would be staying in public properties for an infinite period of time and certainly are in a position to be of concern to people on the island. Fear—there is fear out there, and this is a way to deal with it.”

“And if people say they don’t want help and say, ‘I’m not going into shelter,'” Jacobson continued, “then they have made a decision to opt into the justice system.”

A federal appeals court ruling, Martin v. Boise, bars cities from passing outright bans on homelessness. Instead, it allows cities to ban sleeping outdoors unless there is no “available” shelter in the area—but the definition of “available” and in the area are very much open to interpretation.

The Mercer Island proposal gets around Boise by saying that police who encounter unsheltered people may direct them to shelter outside Mercer Island but on the Eastside, since Mercer Island does not have any homeless shelters. In practice, this means one of four shelters—one for women, one for men, one for families with children, and one for youth. In exchange for these services, Mercer Island would pay a consortium of Eastside service providers a total of $10,000 a year.

The bill defines “available” broadly, allowing police to enforce the law against people who can’t be admitted to their designated shelter because of the “voluntary actions of that person,” including :intoxication, drug use, unruly and/or assaultive behavior and like behaviors.” Under proposed ordinance, for example, if a homeless man was ineligible for the lone men’s shelter because he was exhibiting behavioral health symptoms that made him “unruly,” he could be seen as refusing shelter and jailed.

If people say they don’t want help and say, ‘I’m not going into shelter,’ then they have made a decision to opt into the justice system.”

Mercer Island Police Chief Ed Holmes assured the council that then police were interested in helping homeless people, not further marginalizing them. “Rest assured… we won’t take enforcement action until there’s repeated issues,” he said. But Sergeant Mike Seifer, who presented the legislation to the council, noted that it was aimed at addressing a specific group of people—”about four individuals that we deal with on a very serious or consistent basis” in public spaces, plus “about six or seven that are in vehicles that are consistently coming into contact with the officers.”

One way or another, the law would allow Mercer Island police to remove those ten or so people from the island, either by jailing them in another city, such as Issaquah, or by sending them to a shelter off the island. Councilmember Craig Reynolds, who cast the lone “no” vote against the ordinance on first reading, noted that the city’s jail contracts don’t come cheap—jailing a person costs the city about $200 a day, or up to $18,000 for the maximum 90-day sentence.

2. King County Councilmember Claudia Balducci  will replace her fellow Councilmember Reagan Dunn on the King County Regional Homelessness Authority’s governing board, as we reported exclusively on Twitter Friday.

In January, as PubliCola reported, governing board member Zaneta Reid took Dunn to task for positions he has taken on homelessness, including his opposition to the “Health Through Housing” sales tax proposal and his efforts to fund one-way bus tickets out of King County. “Mr. Dunn—Reagan—I have not seen one article that you have been compassionate or even cared about what we’re sitting at this table doing.  … How can I trust that you have the best interests of those that we are serving at forefront?” Seattle Mayor Jenny Durkan shut down the conversation before Dunn could answer. Continue reading “Mercer Island Plans Homeless Ban, Shakeup at Homelessness Authority”

Financial Crisis Forces Sound Transit to Consider Tough, Complicated Choices

By Erica C. Barnett

Over the past few months, Sound Transit, the regional agency tasked with building light rail to Ballard and West Seattle lines as well as extending the main light-rail “spine” to Everett and Tacoma, has been dealt a double blow of bad news. Last June, agency staff estimated that total revenues could fall short by $8 billion to $12 billion by 2041, the original end date of the Sound Transit 3 program voters approved in 2016. (More recent projections have adjusted that projection down slightly, to a range of $6.1 billion to $11.5 billion, but the numbers remain grim).

Then, earlier this month, Sound Transit announced that the cost to build the ST3 package, which includes elevated lines to West Seattle and Ballard, had increased by about $8 billion. The combination of the shortfall and cost inflation has created an “affordability gap” of about $11.5 billion.

Referring to the chart above, which shows a green line marked “ending balance” plummeting below zero beginning in 2029, Sound Transit board chair Kent Keel said last week, “I’ve never seen a chart where the budget dropped off the chart … so that’s pretty sobering for me.”

Keel made his comments during a board workshop on Sound Transit 3 “realignment” last Thursday, where the general outlines of two broad options emerged.

The first, which staff have dubbed the “expanded capacity” approach, would involve finding additional resources, such as grants, federal dollars, or new taxes, to boost Sound Transit’s revenues and make the newly inflated project possible. The second, called the “plan-required” approach, would involve some combination of delaying elements of the project, permanently reducing the scope of projects, and eliminating some projects altogether. According to a lengthy report on the options, this alternative would only come into play “in the event that new financial resources are not secured.”

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Presented with these conflicting options, several board members insisted that the solution was doing “both.” Seattle Mayor Jenny Durkan, for example, said, “We have to be working hard at what the resources we have, but [we also] have to look at what are other potential sources of revenues,” she said, adding, “Every time we pull the covers over ourselves, we fail ourselves. We have to be thinking of the future.”

To that end, the options Sound Transit CEO Peter Rogoff presented last week included: New federal funding; direct grants from the state; increasing the agency’s debt capacity; raising the rental car tax rate; purchasing lower-cost debt through federal loan programs; and increasing fares.

Most of these options come with significant caveats and downsides. For example, Sound Transit is already the nation’s largest Transportation Infrastructure Finance and Innovation Act borrower, making it less likely the agency will be approved for additional debt. Rental-car tax revenues are currently negligible because of the COVID-related decline in travel. And any increase to the agency’s debt capacity would require either 60 percent voter approval or a change to the Washington State Constitution (and would lower the agency’s credit rating, resulting in higher interest payments.)

Finally, Rogoff said, the likelihood of more federal grant funding is dampened somewhat by the fact that Sound Transit already receives one-tenth of the Federal Transit Agency’s grant funding nationwide; “We would certainly love to get a higher percentage of that program, and we certainly would love to get an additional program funded, but there is certainly a limit to what one transit agency can call on from that program, or at least there has been to date,” Rogoff said on Thursday.

Complicating matters are some of the six factors the board will use to decide how to prioritize voter-approved projects in light of the budget gap. For Seattle residents, two factors could end up working against the city’s projects, including light rail to Ballard and West Seattle.

The first is whether a project serves to “complete the spine” of regional light rail, meaning the central line that will eventually extend from Tacoma to Everett.  This portion of the plan requires the construction of a second downtown transit tunnel, but Sound Transit does not consider that tunnel part of the “spine.” Instead, the tunnel—which will also connect downtown to West Seattle and Ballard—is considered a Seattle-only project for planning purposes. (Sound Transit spokesman Geoff Patrick said the tunnel is funded regionally, the costs split between the three “subareas” within the Sound Transit taxing district). The upshot could be that when Sound Transit gets around to picking projects to delay or cut, West Seattle and Ballard could be first in line because Seattle already got a “Seattle” project in the form of a second downtown tunnel.

The second issue is equity—defined, for Sound Transit’s purposes, as how well a project serves low-income people, people of color, and people with disabilities within a one-mile radius of a project, such as a station. Although many ST3 projects scored low on equity, some of the worst were in Seattle. They included the West Seattle line (which scored medium-low), the downtown tunnel (medium-low) and the Ballard extension (low). This could bump these projects lower down the priority list.

Some board members argued that the definition of “equity” Sound Transit uses is narrow and self-defeating, since stations tend to raise property values (and prompt gentrification) in their immediate vicinity, driving down their equity scores even if they serve people from less-affluent, more diverse parts of town. For example, an infill station at NE 130th Street, in board member Debora Juarez’s Seattle City Council district, ranked low on the list, despite the fact that the station will serve people commuting into the area from elsewhere.

“I have a real problem with the equity” metric, because of the way it narrowly defines a station’s service area, Juarez said. “The whole point of having these stations is to get people to work, to the hospital,” Juarez said, referring to the UW Medical Center hospital near the station. “Taking three buses to get to the north end is ridiculous.”

The board isn’t expected to adopt a realignment plan until next summer, at the soonest. Although board chair Keel began a blue-sky discussion last week about how Sound Transit could cut costs or raise money—beginning with the rental-car tax, which would raise a negligible amount—board member Claudia Balducci, a King County Council member from Bellevue, cautioned against coming up with lists of cuts or new taxes before a thorough discussion.

“When we did this ten-plus years ago”—in the wake of the 2008-2010 recession—”we had a very deeply researched piece of documentation that was given to us with a lot of backup behind it,” Balducci, who first joined the Sound Transit board as Bellevue mayor in 2020, said. “I feel like we’re at that early stage of maybe trying to provide high-level feedback about the parameters around additional study that we want to see. … It feels like we’re rushing toward a solution when we haven’t identified the problems.”

 

Sound Transit Keeps Punitive Fare Enforcement Options on the Table

Sound Transit board member Joe McDermott, legislating from his basement bunker

by Erica C. Barnett

A committee of the Sound Transit board passed a proposal to temporarily suspend citations for fare nonpayment while it conducts a “fare enforcement ambassador pilot” program, but rejected a proposal to decriminalize nonpayment completely after board chair Kent Keel argued that without criminal charges as a deterrent, some miscreants will avoid paying fares as a way to “get one over” on Sound Transit.

The proposed change was part of a motion from Sound Transit board member Joe McDermott directing Sound Transit CEO Peter Rogoff to recommend improvements to the agency’s fare enforcement policies by 2022. McDermott’s original motion would have said that the agency “must” recommend some of those changes, which also included lower fines and more warnings before fare officers issue a citation; Keel’s amendment changed the language to say that staff “should” include those recommendations in a list that may also include “alternate approaches resulting from community engagement and pilot program findings.”

Keel’s arguments came out of his own personal experience, but they also echoed an unusual memo Sound Transit CEO Peter Rogoff wrote at Keel’s request last week, laying out the “staff” case against taking fare nonpayment out of the criminal justice system. The memo reads, in part: “Most importantly, the staff is concerned with directives in section 3 that seek to predetermine the outcome of our community engagement and pilot program by dictating the measures staff “must” recommend to the Board at the conclusion of the process. Rather than specifying details that the future recommended policy must include, staff suggests in section 3 to replace “must” with “should consider.” 

This is extremely similar to the language Keel added to the suggesting close coordination between the Sound Transit board chair and the agency’s director—who has frequently raised objections to proposals that would reduce penalties for nonpayment—on a matter of contentious, hotly disputed policy.

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McDermott told PubliCola he saw the memo over the weekend, but was blindsided by Keel’s introduction of an amendment adopting Rogoff’s recommendations. “I wasn’t surprised to hear [Keel oppose decriminalization]. I understand that he believes civil infractions and possible court involvement are central elements of fare enforcement,” McDermott said yesterday, but “the language, and that it was written as an amendment—I didn’t know about that until today.”

Before the committee voted, Keel said that his own experience “as a young Black male” made him understand that a lot of people will try to “get over” on the system if there are no penalties for doing so. “There is a growing group of people that are just trying to get over,” he said, and other people who would ordinarily pay their fare see that behavior and follow suit. Judges and juries, he continued, could tell the difference between people who truly couldn’t afford to pay and those who are “just trying to get over.” Continue reading “Sound Transit Keeps Punitive Fare Enforcement Options on the Table”

King County Council Debates Bus Service Priorities and the Meaning of “Equity”

King County Council member Rod Dembowski, in pre-COVID times (flanked, L-R, by King County Executive Dow Constantine and council members Jeanne Kohl-Welles and Joe McDermott)

by Erica C. Barnett

The King County Council shelved a budget proposal by North Seattle council member Rod Dembowski yesterday that would have kept 47,000 hours of bus service inside Dembowski’s district after the Northgate light rail station opens next year. The proposal came in the form of a budget proviso, or restriction on spending, that would have withheld $5.4 million in funding for King County Metro unless the bus service went to North King County.

The hours will become available because King County Metro is shutting down its Route 41 bus line, which duplicates the light rail route. Instead of being redistributed throughout North Seattle to feed commuters to the new light rail line, as Dembowski proposed, those hours are likely to go to South King County, where King County Metro’s equity analysis shows the need is greatest.

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Dembowski argued that Metro’s usual practice is to reallocate service freed up by light rail into nearby neighborhoods, to make light rail more accessible. “We’re doing this all around the county,” he said. While this has been the practice in the past, it is not required—and Metro’s new Mobility Framework, created in collaboration with community groups over the past year, calls for new or reallocated service hours to go into communities where the need is greatest, regardless of where they originated.

“Every time there’s service changes, if we start to put our thumb on the scale or try and use the budget as a tool to try to slip through something that carves out hours, it undercuts established policies and it also undercuts our commitment to equity,” council member Dave Upthegrove, who represents South King County, says. “It goes around our established processes and guidelines, and that’s a dangerous road to go down.”

The debate, which centered on the question of what constitutes equitable transit service during a time of sweeping budget cuts, concerned a small slice of Metro’s overall budget. But it was also a preview for the battles that will play out over the next year, as Metro adopts new service guidelines that will benefit the county’s most underserved communities while diverting funds from areas that are, on average, wealthier and whiter.

“Every time there’s service changes, if we start to put our thumb on the scale or try and use the budget as a tool to try to slip through something that carves out hours, it undercuts established policies and it also undercuts our commitment to equity.”—King County council member Dave Upthegrove

Last year, before a global pandemic forced massive cuts to bus service and decimated transit agency revenues, King County Metro adopted a new “mobility framework” to guide future transit service decisions with an eye toward equity and economic and racial justice. The framework, developed by Metro in collaboration with an Equity Cabinet made up of 23 community leaders from across the county, was a precursor for revised Metro service guidelines, which will replace existing guidelines that emphasize ridership and geographic distribution, including in “areas where low-income and minority populations are concentrated.” Among other changes, the new framework recommends concentrating new (and reallocated) service in areas with high density, a high proportion of low-income people, people of color, people with disabilities, and those with limited English skills. 

Community members who turned out to speak against Dembowski’s proposal talked about the challenges they face as bus riders in South King County. Najhan Bell, a student and retail worker, described a grueling daily routine: Up at 9 to catch a 10:15 bus that will take her, via two transfers, to her noon-to-9 shift at IKEA in Renton; leave work at 9 to do the same grueling commute in reverse; and land home at midnight to study for a few hours before getting up to do it all again. Bell said that if Metro was going to uphold its commitment to equity, it “must continue to put efforts into increasing service in areas in South King County so that people like me don’t have to spend most of their day waiting on a bus.”

The members of the Equity Cabinet, along with Transportation Choices Coalition, Disability Rights Washington, and other advocacy groups, wrote a joint letter to the council on Tuesday opposing Dembowski’s amendment.

Continue reading “King County Council Debates Bus Service Priorities and the Meaning of “Equity””

Suburban Cities’ Tax Plans Could Supplant, Reduce County Executive’s Homeless Housing Tax

By Erica C. Barnett

Several cities in South King County, including Renton, Tukwila, Auburn, and Kent, are poised to adopt a local 0.1-cent sales tax for affordable housing, using authority the state legislature granted to city and county councils earlier this year. If the taxes pass, they would effectively supplant those cities’ contribution to a countywide sales tax proposed by King County Executive Dow Constantine, which would pay for permanent supportive housing for chronically homeless people in all parts of the county. Renton and Tukwila will consider their local taxes on Monday; the other cities are reportedly deciding whether and when to propose local taxes of their own.

Constantine’s office has said his proposal would provide up to $400 million in bond revenue to purchase motels, nursing homes, and other disused or derelict facilities and convert them into permanent supportive housing with services for chronically homeless people. The more cities opt out of the county tax, the less revenue there will be for Constantine’s proposal.

Alison Eisinger, the director of the Seattle King County Coalition on Homelessness, is worried. “My hope would be that the suburban cities that are eager, apparently, to use this revenue source to address the genuine homelessness and health crises that are hitting South King County hard, would be committed to the truly regional response to homelessness” that the county has adopted, she said. The county is in the process of standing up a new regional homelessness authority that includes substantial input from, but no direct financial contribution by, suburban cities.

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The authority itself is banned by law from raising money. However, under legislation adopted during this year’s state legislative session, city and county councils can pass a sales tax increase of up to 0.1 percent. The catch, from the county’s perspective, is that the legislation allows cities to essentially override county taxing authority by passing their own taxes first.

The legislation also does not require the proceeds of such a tax to go toward housing for very low-income or homeless people; instead, they can use it to fund housing for people making as much as 60 percent of area median income, which for the Seattle metropolitan area is more than $94,000. This is a very different type of housing, serving a much less service-reliant population, than Constantine’s proposal.

Eisinger said that by using the sales tax authority to fund higher-income housing, suburban cities ran the risk of ignoring the needs of homeless people in their own cities. “I hope this isn’t an effort by elected officials in suburban cities to pretend that they don’t need … housing that meets the needs of the people who are chronically homeless in their community by instead trying to address other housing needs with these resources,” she said.

Renton and Kent have clashed with Constantine and the county government as a whole over the relocation of hundreds of formerly homeless people into hotels in their cities during the COVID-19 pandemic. In Renton, officials have taken regulatory and legal action to try to force the closure of a shelter the Downtown Emergency Service Center opened at a downtown Red Lion earlier this year. In Kent, elected leaders protested the county’s purchase of a motel for use as an isolation and quarantine site for people unable to isolate at home, warning that the presence of so many homeless people in one place would lead to a surge in crime.

“If a handful of cities want to do some housing on their own, that’s not the end of the world.”—King County Council member Dave Upthegrove

If enough cities pass their own local taxes, they could collectively reduce potential revenues from Constantine’s regional proposal by millions. According to a presentation posted on the Renton City Council’s website, a local, Renton-only tax would raise about $2.8 million a year for projects in the city; according to Tukwila’s briefing materials, that city could see an additional $2.2 million a year for housing.

Elected officials from Renton, Auburn, Kent, and Tukwila did not immediately respond to requests for comment.

King County Council member Dave Upthegrove, who represents parts of Tukwila, Renton, Kent, and other cities in South King County, said he supports Constantine’s proposal because it provides housing for people with the greatest needs—those with low or no income who need supportive services.

At the same time, he said, “I’m trying not to panic” about the idea that some South County cities might decide to go their own way. “If a handful of cities want to do some housing on their own, that’s not the end of the world,” he said. “Maybe we don’t bond for 400 million—maybe we end up doing $320 million and a few of the cities go out on their own. It doesn’t have to mean that this proposal doesn’t work.”

“”Regionalism remains our best chance for success.”—Deputy King County Executive Rachel Smith

Upthegrove notes that cities already control zoning and permitting rules, which gives them multiple avenues to ban housing for formerly homeless people. “Part of me says that if this really isn’t want the local government wants, and that local government controls zoning and permitting, then what’s the likelihood of getting them zone and permit this housing in their city?”

County council member Claudia Balducci, who represents the Eastside, says the real headline may be that local suburban governments are willing to increase taxes to build more affordable housing, even if it isn’t for chronically homeless people. “I think we could really build not just good projects through this, but also create better relationships and more confidence in working together regionally,” Balducci said. “If we play our cards right, having cities put skin in the game could be a really good long-term positive thing.”

King County deputy executive Rachel Smith, responding to PubliCola by email, was significantly less sanguine than either county council member about the prospects for unity-through-localism. “The Executive’s plan includes concrete, data-informed, evidence-based, clear outcomes, including reducing racial-ethnic disproportionality,” Smith said.

“Regional officials, business leaders, advocates, service providers, and people with lived experience have repeatedly stated that homelessness is a regional problem that demands regional solutions,” Smith continued. “Regionalism remains our best chance for success.”

In Narrow Vote, County Council Ousts Police Accountability Director

 

By Paul Kiefer, with reporting by Erica C. Barnett

On Tuesday afternoon, the Metropolitan King County Council voted by a narrow margin against renewing Office of Law Enforcement Oversight Director Deborah Jacobs’ contract, which expired in June. (Jacobs was serving as de-facto head for the past two months). In her place, the council appointed OLEO’s current Deputy Director, Adrienne Wat, to serve as interim director.

Council Chair Claudia Balducci first proposed not renewing Jacobs’ contract two weeks ago. Her surprise announcement came a month after the council received the findings of an independent investigation into allegations by OLEO staff that Jacobs made a series of inappropriate or discriminatory remarks to them during her four-year term as director. For example, one staffer complained that Jacobs had commented (sarcastically, she says) that she could only see a white man as deputy director of OLEO, and, on a separate occasion, that she could not invite OLEO staff to a Roe v. Wade celebration because it was for women only.

OLEO community engagement manager Jenna Franklin praised Jacobs for hiring “people who are different and more diverse than her—that’s what a leader like that should do.” But she notes that “the ability to work with sensitivity in collaboration with diverse staff and communities is essential for public servants.” King County’s Equity and Social Justice rules state that “elected leaders and directors are ultimately responsible for ESJ,” Franklin notes, “including in regard to workplace and workforce.”

“In this case, she has acknowledged missteps and that impacts to staff did occur.  Missteps shouldn’t be the sum total of a person, a system, or those [they] represent.”

“There’s a narrative that I push the boundaries and that’s probably true, because I have tried to fulfill the public’s expectation for strong oversight, and I’ve faced endless roadblocks in doing so. They have used that narrative as a basis to try to discredit my work.”—Deborah Jacobs

In today’s hearing, Balducci explained that her push to not reappoint Jacobs was driven by  concerns about the OLEO work environment; an investigation into Jacobs substantiated five of the eight complaints against her. One of those sustained complaints stemmed from an incident in which Jacobs apparently commented that an employee’s weight and race made it easier for him to build rapport with sheriff’s deputies; the man, who has struggled with weight-related self-image problems, said he felt uncomfortable speaking to Jacobs directly about her comment.

“We are supposed to be about accountability and equity and fairness,” Balducci said in an interview before the vote. “I don’t think we really can accept less than achieving accountability and equity and fairness in our own workplace. If we are going to be about investigating and calling out a lack of equity in one place it makes [the need to have equity and accountability within OLEO] even more compelling.”

The vote not to reappoint Jacobs was closer than the August 18 vote of the council’s Employment and Administrative Committee to recommend removing Jacobs. (That committee includes all nine members of the council.) In the earlier vote, the council voted 7-2 to not reappoint Jacobs; on Tuesday, the full council reached the same conclusion with a 5-4 vote. Council members Dave Upthegrove and Rod Dembowski voted against the ouster both times; council members Jeanne Kohl-Welles and Jim McDermott changed votes.

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The most vocal opposition to Jacobs’ ouster on Tuesday came from Dembowski and Upthegrove, Both expressed concern that Balducci and other colleagues are being too harsh and that replacing her is not in the best interest of police accountability in the county. “The assets that I’ve seen [Jacobs] bring to this office,” Upthegrove said, “particularly as it pertains to community engagement and the tenacity with which she’s represented our interests, and what we’ve seen to be a passionate commitment to racial and gender equity, leads me to believe that the mistakes she made aren’t enough to lead me to this conclusion.” He also said removing Jacobs was an example of a double standard: “I can’t help but thing of members of law enforcement who continue to have their jobs today in the face of mistakes and judgement calls that—in my mind—are much more serious.”

Dembowski echoed those concerns, adding that he saw the council’s approach to replacing Jacobs as legally dubious. “I’ve been very troubled by this process,” he said during the council meeting. “It’s generated a $2 million claim,” in the form of a tort Jacobs filed in Pierce County two weeks ago alleging sex and gender discrimination by the county. “I think that we mixed discipline from the report with reappointment, and I think they should have been kept separate.”

Local police accountability watchdogs also expressed their concerns about the council’s move to oust Jacobs, whom they see as a brave and determined force for greater oversight of the King County Sheriff’s Office. Annalesa Thomas, a co-founder of the police accountability group Next Steps Washington and the mother of Leonard Thomas (killed in 2013 by Fife Police while unarmed and holding his son) appeared during Tuesday’s public comment period to voice her support for Jacobs; in an interview before the vote, Thomas said Jacobs “has brought to the forefront many of the issues that family members [of police shooting victims] raise. She didn’t go along to get along.”

“We are supposed to be about accountability and equity and fairness. I don’t think we really can accept less than achieving accountability and equity and fairness in our own workplace.”—King County Council member Claudia Balducci

For her part, Jacobs acknowledges that she was sometimes reckless in her comments to coworkers and hoped for a chance to make amends, but she is also convinced that the council’s decision was driven by politics and a lack of support for accountability itself. “It’s been an unjust process and I wouldn’t wish this treatment on anyone else,” she said in an interview. “It’s going to be really hard for anyone to survive because it’s a hostile climate, there is little support, and mistakes are seized upon.”

Jacobs also says her record as a fierce defender of accountability—and the resulting tensions between her and the KCSO—has left her constantly defending herself since she took the position in 2016. “They [KCSO] don’t trust me,” she explained. “There’s a narrative that I push the boundaries and that’s probably true, because I have tried to fulfill the public’s expectation for strong oversight, and I’ve faced endless roadblocks in doing so. They have used that narrative as a basis to try to discredit my work.”

Balducci denied that her proposal against Jacobs was intended to assuage the KCSO. “I cannot state in strong enough terms how important it is to me that we have a strong, courageous, diligent leader of our Office of Law Enforcement Oversight. Those things are not bad. Those are good things,” she said. “There is a kind of inherent tension and even conflict that can exist in the role itself, and you need somebody who isn’t intimidated by that and who need to go forward with what needs to be done.” Continue reading “In Narrow Vote, County Council Ousts Police Accountability Director”

King County Council Committee Recommends Replacing Law Enforcement Oversight Director

OLEO Staff - King County

By Paul Kiefer

On Tuesday, a majority of the Metropolitan King County Council’s Employment and Administration Committee (which includes all nine council members) voted not to extend the contract of Office of Law Enforcement Oversight (OLEO) Director Deborah Jacobs, as well as to accept the findings of an independent investigation into allegations that Jacobs made a series of inappropriate or discriminatory comments to her staff over the course of her four years with the county.

Council chair Claudia Balducci announced that she would introduce the proposal ending Jacobs’ contract in a press release on Monday evening. In her statement, Balducci praised Jacobs’ work as OLEO director, writing that she “has worked diligently to fulfill OLEO’s mission to hold the King County Sheriff’s Office (KCSO) accountable for providing fair and just police services.” However, Balducci added that based on the findings of an outside investigation into claims made against Jacobs by OLEO staff, the office would “benefit from new leadership.”

The council hired the law firm Ogden, Murphy and Wallace to conduct the investigation earlier this year after a number of employees accused her of making inappropriate comments. The investigating attorney, Karen Sutherland, concluded that Jacobs had engaged in conduct  “inconsistent” with council policies against harassment and discrimination in five instances, and found that three other complaints were unfounded or unsupported by evidence.

Sutherland added that she found no evidence of “criminal misconduct” by Jacobs.

The five complaints Sutherland found convincing included an incident in which Jacobs apparently dismissed an applicant for a public relations position as “just a white male” (hiring decisions based on race are illegal in Washington), and one in which she said she could only imagine a white man as OLEO deputy director.

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

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Two other claims were connected to non-work social events. In one case, Jacobs said she could not invite any of her employees to her annual women-only Roe v. Wade anniversary party so as not to exclude a male employee. In another, Jacobs said she would not invite her employees to a social event so as not to single out an employee who was single. In the fifth and final instance, Jacobs reportedly praised an employee for his “race and size,” claiming it helped him gain the trust of sheriff’s officers. That employee told Sutherland that he’s struggled with weight-related insecurity for much of his life, but added that he didn’t feel comfortable telling Jacobs that her comments had been hurtful.

In a response to the investigation she sent to council members in July, Jacobs acknowledged that she had “used some terms that are not appropriate even when used casually and with no ill intent,” adding that in response to the complaints, she has “actively sought to alter [her] language choices.”

However, Jacobs said some of the findings of the investigation took her comments out of context. For example, Jacobs wrote she made her comment that OLEO could only be headed by a white man “with a sense of irony and deep frustration.” As evidence, she pointed to the fact that she promoted Adrienne Wat, an Asian woman, to the position not long after she made the comment. Continue reading “King County Council Committee Recommends Replacing Law Enforcement Oversight Director”

Morning Crank: “Sound Transit Is Not Felt To Be a Safe Workplace”

1. Sound Transit CEO Peter Rogoff escaped serious reprimand on Wednesday for alleged behavior toward agency employees that included looking women up and down and giving them “elevator eyes,” using racially insensitive language, swearing at employees, and using an abrasive style that both the public memo on the investigation into his behavior and King County Executive Dow Constantine described as “East Coast” (whatever that’s supposed to mean). With only Seattle Mayor Jenny Durkan and Seattle City Council member Rob Johnson dissenting (because they believed Rogoff’s punishment was insufficient), the board voted to require Rogoff to create a “leadership development plan” to improve his listening, self-awareness, and relationship building” skills and to  assign a three-member panel, made up of Sound Transit board members, to monitor his progress on the plan for six months.

Durkan skipped the launch of an NHL season ticket drive and the raising of the NHL flag over the Space Needle to be at today’s board meeting, an indication of how seriously she took the charges. Before voting, Durkan read the following statement:

“The issues raised and on which we were briefed led me to believe the conclusion that these [performance] factors cannot be met, and so I will be voting against this motion. I think the facts that we have been briefed on and the conclusions reached by our Counsel demonstrate that Sound Transit is not felt to be a safe workplace for all employees, that they do not feel that they can act without repercussions, and that there are many who feel that their work is not valued. I am also concerned that the statements that were alleged to have been made by the CEO, and the actions that were raised – raised the issue of racial bias and insensitivity, as well as other workplace harassment issues. I do not believe that these issues have been resolved as completely as indicated by Counsel, and that having three Board Members oversee the daily work of this CEO is not the resolution, and so I will be voting against this motion.”

Neither Durkan nor Johnson had any further comment after the meeting.

The memo on the investigation lays out a few specific examples of behaviors that the investigation deemed inappropriate, including a Black History Month event in 2016 at which Rogoff “reportedly made comments condescending toward persons of color” and a 2017 incident in which he dismissively told a female employee, “Honey, that ain’t ever going to happen” in response to a question. But the memo, and most of the Sound Transit board, is also quick to chalk much of Rogoff’s reported behavior up to difficulty navigating the politeness of Pacific Northwest culture and the fact that the previous CEO, Joni Earl, was so beloved that Rogoff faced built-in challenges from the time he was hired, in late 2015. To wit:

In the meeting, King County Executive Dow Constantine, who was chair of the Sound Transit board when Rogoff was hired, said he talked to Rogoff when he applied for the position and “cautioned him that his directness was going to run up against a very different way of interacting  to which we are accustomed here in the Pacific Northwest, and that he was going to have to modify his manner and understand the local culture if we were going to be successful.” Constantine also described Rogoff as “bracingly direct” before praising his effectiveness.

Rogoff echoed Constantine’s complimentary assessment of his style in his own memo responding to the allegations. In the memo, Rogoff acknowledges (using language that reads a bit like a job applicant saying that his worst flaw is his “relentless attention to detail”) that his “directness and unvarnished clarity did not sit well with some staff” and that he was, at times, “overly intense in articulating my expectations for performance.” Rogoff goes on to explicitly deny some of the allegations,” calling some of the claims made during the investigation “misquoted, misunderstood, mischaracterized or false. I don’t yell at people.  I don’t disparage small city mayors and I don’t shove chairs to make a point,” two incidents that were detailed in the documents released today. “I was shocked to read some of the characterizations on this list.”

A document labeled “Peter Rogoff, CEO ST: Note to file” describes some of those alleged incidents. They include: Directing a staffer to tell Seattle Times reporter Mike Lindblom to “go fuck himself”; yelling over the phone at a staffer in a conversation that lasted from 11pm to 1am; standing up at a meeting and saying “When I give direction, it’s for action, not rumination” and shoving a chair; saying that he “couldn’t give a flying fuck about how things were when Joni [Earl] was here, because she’s not here anymore”; using the term “flying fuck” constantly “to everyone”; and the aforementioned incidents in which he allegedly looked women up and down and gave them “elevator eyes.”

King County Council member and Sound Transit board member Claudia Balducci said after the meeting that she has “seen a lot of improvement” in Rogoff’s behavior. “I think that at least shows that it’s possible, and therefore that we could have a successful CEO. If he can manage people with respect and dignity then I felt he deserves the opportunity.” Balducci disagreed that Rogoff’s management style could be explained away by “regional” differences. “I’m from New York,” she said, and “I think everybody, no matter where they’re from, knows how to be respectful. The things that we were talking about were more than just style.”

Although Rogoff did not receive a bonus this year, he did receive a five percent cost of living adjustment, which puts his salary at just over $328,000.

2. The city’s progressive revenue task force held its final meeting on Wednesday morning, adopting a report (final version to come) that recommends new taxes that could bring in as much as $150 million a year for housing and services for homeless and low-income people in Seattle. Half of that total, $75 million, would come from some version of an employee hours tax; the variables include what size business will pay the tax ($8 million vs. $10 million in gross revenues), the tax rate and whether it will be a flat per-employee fee or a percentage of revenues; and whether businesses that don’t hit the threshold for the tax will have to pay a so-called “skin in the game” fee for doing business in the city. The task force also talked about making the tax graduated based on employer size, but noted that such a tax may not be legal and would almost certainly be subject to immediate legal challenges.

The original memo on the head tax proposals suggests that the “skin in the game” fee should be $200 and that the fee would kick in once a business makes gross revenues—not net profits—of $500,000. During the conversation Wednesday morning, some task force members floated the idea of lowering that threshold to just $100,000, a level that would require many small businesses, such as street-level retailers, to pay the fee, regardless of what their actual profit margins are. However, after council member and task force chair Lorena Gonzalez pointed out that the city has not done a racial equity analysis to see how any of the head tax proposals would impact minority business owners, the group decided to keep the trigger at $500,000 in gross revenues. Additionally, they decided to raise the recommended fee to $395—a number that was thrown out, seemingly at random, by a task force member who called it “psychological pricing” (on the theory that $395 feels like significantly less than $400).

The other $75 million would come, in theory, from a combination of other taxes, some of them untested in Seattle and likely to face legal challenges, including a local excise tax, an excess compensation tax, a tax on “speculative real estate investment activity,” and an increase in the real estate excise tax. Legal challenges could delay implementation of new taxes months or years, and—although no one brought it up at yesterday’s meeting—REET revenues always take a nosedive during economic downturns, making them a fairly volatile revenue source.

3. The Teamsters Local 174 confirmed yesterday that they will no longer allow the King County Democrats to hold meetings at their building in Tukwila, after a contentious meeting Tuesday night that lasted until nearly midnight. My report on that meeting, at which the group decided to extend and expand the investigation into sexual harassment and financial misconduct claims against the group’s chairman, Bailey Stober, is here.

According to Teamsters senior business agent Tim Allen, the decision wasn’t directly related to the allegations against Stober, but had to do with the behavior of some of the group’s members and their treatment of a custodial worker who had to clean up after the group, who may have been drinking alcohol on the premises. “We have standards of conduct that people are supposed to live up to” around how guests treat the building and whether they “treat our [staffers] properly,” Allen said. “They had the whole building to clean, and usually we expect [groups that use the building] to clean up after themselves. Stober, contacted by email, said “I’ve heard varying degrees of that story” (that people were drinking, continued to do so after they were asked to stop, and left a mess), “but I can’t confirm that because I was sitting in the front of the room and have no knowledge of what was happening outside of the room.” Many other local progressive groups, including some legislative Democratic groups, have alcohol at their meetings (many provide beer or wine for a suggested donation), but some venues do not allow alcohol without a banquet license.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

County Presses Pause on Safe Consumption Sites

Two weeks ago, rejecting the unanimous recommendation of the King County Heroin and Prescription Opiate Addiction Task Force, the King County Council voted to prohibit funding for supervised drug consumption sites except in cities that explicitly approve them—a sop to suburban cities and rural areas where residents are vehemently opposed to the sites and a slap in the face for the task force, which recommended a pilot project that would include one supervised consumption site in Seattle and one somewhere else in the county. (The county refers to supervised consumption sites by the clunky acronym CHELs, for Community Health Engagement Locations).

The council also voted to prohibit the county from funding safe consumption sites anywhere outside Seattle, and barred spending any of the county’s general fund on a Seattle site. As a result of those restrictions, any money for the pilot project would have to come from the county’s Mental Illness and Drug Dependency levy—a tax that generates about $66 million a year but is already largely spoken for. The supervised consumption pilot was never supposed to be funded entirely through the MIDD, and supporters say that as the cost estimate for the pilot has ballooned to more than $1 million, the likelihood that it can be funded MIDD dollars alone is virtually zero.

“EFFECT: Restricts the General Fund Transfers to DCHS and Public Health such that 86 no General Funds can be used to establish CHEL sites. Restricts the MIDD  appropriation such that no MIDD funds can be used to establish CHEL sites outside 88 the city of Seattle.” – King County budget amendment barring county spending on safe consumption sites outside Seattle

Kris Nyrop, who wrote an op/ed for the Stranger comparing the council’s move to the “state’s rights” politics of the 1980s, says the vote “effectively kills” safe consumption sites, at least for the next two years, because “The MIDD dollars are all already accounted for until the fall of 2018” and because “the [King County] health department has dithered so long on this that they have given the opposition time to really organize” against it.

Supervised consumption sites, where addicts can use illegal drugs under medical supervision in a location that also offers medical care, detox, and referrals to treatment, are common in Europe but almost unheard-of in North America, where more puritanical attitudes toward addiction have made them controversial. The idea behind supervised consumption is that it keeps people from dying of overdoses and treatable conditions (like wound infections), prevents disease transmission via dirty needles, and gets people who may not have seen a doctor in years into the health care and social service system, providing a lifeline toward housing, treatment, and recovery.

“We haven’t yet done the work that we need to do at the council to understand the proposal, the benefits, or the criteria for when and where these [safe consumption sites] make sense.” – King County Council Democrat Claudia Balducci

The sites are controversial for obvious reasons: Intuitively, giving drug addicts a safe place to consume dangerous, illegal drugs seems like condoning their behavior. (This view assumes that addiction is a choice and ignores the fact that forcing people into treatment, an alternative that safe consumption opponents frequently suggest, is cost-prohibitive and doesn’t work, but it’s ultimately an emotional argument, not a rational one.)

“Trust me, you don’t treat alcoholism by inviting alcoholics to the bar,” Republican county council member Reagan Dunn, who has been public about his own struggles with addiction, said before the vote. “Fifty-six percent of my constituents said they are extremely against these sites. Only 20 percent of people indicated they were open to considering these sites.” Dunn said he was concerned about the county’s liability if users OD and die inside the facility (in almost 15 years, not one person has died at Insite in Vancouver) and worried that the sites would become magnets for heroin dealers. He suggested that Seattle should be a test case for the site, “before we take the show on the road” to suburban areas that don’t have the same capacity to provide treatment and emergency services.

Republicans weren’t the only ones arguing that safe consumption sites should be limited to the state’s largest city. Suburban Democrats like Claudia Balducci (a former Bellevue City Council member) and Dave Upthegrove, who represents South King County, argued that the county would be overstepping its authority if it opened a safe consumption site where residents opposed the idea. “One of the things that always drove us crazy at the city level was when higher levels of government told us what to do at our city,” Balducci said. “I come from a city that has decided this is not what they want in their city. It doesn’t fit the needs or the desires of their community…. [Safe consumption sites] work best in locations where there’s a lot of street drug use,” she added.

Public Defender Association director Lisa Daugaard, who sat on the heroin task force, argues that “it sets a dangerous precedent to withhold funding for health services from residents of towns whose elected officials have ideological problems with those medical strategies. … The health and well-being of people who live in Kirkland and Kent affect that of people in Seattle, and vice versa.”

Larry Gossett, a Seattle Democrat, scoffed at the implication that drug addiction—particularly heroin addiction—is a problem restricted to big cities like Seattle. Noting that, nationally, heroin and opioid addiction is largely a rural and suburban problem, Gossett said, “I do not understand this concept that people who live outside of Seattle and in suburban and rural areas are different than people who live inside of cities.” Council member Rod Dembowski, whose district includes Shoreline, Kirkland, and Woodinville, added, “There is a serious rural crisis going on, with people dying every day, and I don’t think it’s fair to the citizens of my district to say, ‘No, you don’t get to have return on your investment’ if such a facility would serve their needs. … I don’t think the public health of the 2.1 million residents of this county should be decided based on fear.”

On the  phone last week, Balducci defended her vote, arguing that the budget amendment is a temporary pause, not a permanent spending prohibition. “We haven’t yet done the work that we need to do at the council to understand the proposal, the benefits, or the criteria for when and where these [safe consumption sites] make sense,” she said. “We have to do a little more background work and figure out, what are these [safe consumption] sites and who do they serve.” Balducci also suggested that a huge debate about safe consumption sites could blow up her ongoing efforts to establish the first permanent men’s shelter on the Eastside in Bellevue. “We are facing a really tremendous backlash about that, and one aspect of the opponents’ position is that this is just the camel’s nose under the tent and they’re going to legalize heroin next and [addicts] are going to be out in all the neighborhoods.”

Of course, they’re already there.

Daugaard, who still holds out hope that the council could reverse its decision during the ongoing budget process, says that if they don’t, “it will be very difficult to keep the promise that the heroin task force made to neighborhood leaders in Seattle: that Seattle would not be left alone to respond to this need, which is fundamentally unfair given the widespread use of heroin and opiates throughout the county.  Waiting until 2019 to move forward inevitably will mean avoidable overdose deaths, and no solution to drug use in unsupervised public sites like bathrooms and parks.  Hopefully we all can agree that the status quo is unacceptable. Waiting is not a plan.”

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