Tag: community police commission

Drugs, Police, public safety

“Overdose Patients Can Become Violent”: Fire and Police Respond to Questions About Pedestrian Death
File:Seattle fire department medic 80.jpg
Atomic Taco, CC BY-SA 2.0, via Wikimedia Commons

By Erica C. Barnett

On Wednesday, the Seattle Police and Fire Departments responded to questions from the Community Police Commission about some of the circumstances that may have contributed to the death of Jaahnavi Kandula, a 23-year-old pedestrian who was killed in a marked crosswalk by SPD Officer Kevin Dave. Dave was driving to join Seattle Fire Department EMTs at a suspected overdose in South Lake Union. According to the response from Seattle Fire Chief Harold Scoggins, Seattle Fire Department policy requires police to be present when SFD responds to overdoses, because “overdose patients can become violent during treatment to reverse the overdose.”

The CPC asked the Fire Department to explain the reason it requires police officers to be present when Fire responds to overdose calls, posing four questions about the policy, how it came about, and “What percentage of drug overdose calls prior to the implementation of this policy included compromised safety, assaults, and/or injuries to SFD personnel related to reversing the effects of an overdose?”

In his response, Seattle Fire Chief Harold Scoggins said that the requirement “goes back at least 20 years and is designed to provide scene safety for firefighters and paramedics as overdose patients can become violent during treatment to reverse the overdose.” He did not answer the CPC’s question about how common it is for people coming out of overdoses to be violent, saying only that “[e]ncountering combative patients or bystanders on emergency responses has unfortunately become a reality for firefighters and paramedics.”

Narcan (or naloxone), the widely available overdose reversal drug, is used daily by non-emergency responders, including drug users themselves, and other public employees are trained to use it in the absence of paramedics or any armed response. In 2019,  then-Washington state health officer Kathy Lofy signed a “standing order” that made Narcan available over the counter without a prescription to any person who wants it, calling it a “very safe,” life-saving medication.

“When weighing the decision to respond using emergency driving, officers must consider if the incident is life threatening, road conditions, vehicle and pedestrian traffic, weather, speed, lighting, and their own driving abilities.”—Police Chief Adrian Diaz

In his letter, Scoggins said SFD has developed a “new method for tracking assaults and threatening behavior experienced by firefighters in the field,” in general, and has begun reporting this information. PubliCola has asked SFD for this data and will update this post with additional information when we receive it.

Seattle Police Chief Adrian Diaz also responded to the CPC’s questions. After describing the training officers receive in “emergency driving”—driving under emergency circumstances, such as a high-priority call where someone’s life is at risk—Diaz said officers are justified in taking “risks [that] “can result in severe consequences for the public and the officer. … When weighing the decision to respond using emergency driving…. [o]fficers must consider if the incident is life threatening, road conditions, vehicle and pedestrian traffic, weather, speed, lighting, and their own driving abilities.”

Diaz said the fact that the overdose was a Priority 1 call would not, in itself, necessitate emergency driving. “The priority level is a factor to consider but is not generally controlling,” Diaz wrote. “While many Priority 1 calls would warrant emergency driving under our current policy and training, not all do and officers are expected to consider the totality of the circumstances.”

PubliCola has filed a records request the audio from the initial 911 call; SPD categorically denied a separate request for all recorded audio related to the Kandula’s death, citing their ongoing investigation into the incident.

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In a conversation with PubliCola last week, SPD Chief Adrian Diaz noted that Dave is a licensed EMT who was headed to the scene of a medical emergency, implying that he was on the way to respond to the reported overdose, not to provide security for the Fire Department. On February 6, the head of the Seattle Fire Fighters Union, Kenny Stuart, expressed frustration about SPD officers getting trained as EMTs and responding to medical emergencies like overdoses directly, saying this was the responsibility of the fire department, not SPD. (It’s a longstanding, ongoing issue.)

“Our EMS delivery system under the Medic One program is arguably the best in the country, and randomly allowing additional EMTs from other city departments to self-dispatch or to perform EMS functions at an incident does not improve or support the level of care we demand from this program,” Stuart wrote. “In fact, it unnecessarily complicates our response and diminishes the service that the public depends on and expects.”

Seattle Fire Department firefighters and paramedics are “the only personnel that are dispatched as EMTs” to medical emergencies, Stuart continued, “and they should be the only personnel who deliver EMS to the people of Seattle. We need our police officers to provide scene security and protect us so we can do our jobs effectively.”

Several years ago, SFD’s medical director told PubliCola the fire department preferred to use rescue breathing—a method to restore breathing in overdose victims without Narcan—followed by intravenous naloxone to facilitate a slower return to normal breathing without putting a person into instant opiate withdrawal. We’ve asked SFD whether this is still the department’s policy, and how the emergence of fentanyl has impacted overdose response, and will update this post when we hear back.

PubliCola has also reached out to Stuart.

Police, public safety, Transportation

Police Accountability Group Wants Answers on Fatal Collision

By Erica C. Barnett

UPDATE February 15, 2023: The Seattle Police Department and Seattle Fire Department chiefs responded to the CPC’s questions in separate letters today.

The CPC asked the Fire Department to explain the reason it requires police officers to be present when Fire responds to overdose calls, which are categorized as Priority 1 calls, the most urgent priority level. (Officer Kevin Dave was responding to an overdose call when he struck and killed Jaahnavi Kandula last month).

In his response, Seattle Fire Chief Harold Scoggins said that the requirement “goes back at least 20 years and is designed to provide scene safety for firefighters and paramedics as overdose patients can become violent during treatment to reverse the overdose.”

Although the letter continues, “Encountering combative patients or bystanders on emergency responses has unfortunately become a reality for firefighters and paramedics,” Scoggins does not quantify how often this happens or why; Narcan, the widely available overdose reversal drug, is used daily by non-emergency responders, including drug users themselves, and other public employees are trained to use it in the absence of paramedics or any armed response.

Seattle Police Chief Adrian Diaz also responded to the CPC’s questions. After describing the training officers receive in “emergency driving”—driving under emergency circumstances, such as a high-priority call where someone’s life is at risk—Diaz said officers are justified in taking “risks [that] “can result in severe consequences for the public and the officer. … When weighing the decision to respond using emergency driving…. [o]fficers must consider if the incident is life threatening, road conditions, vehicle and pedestrian traffic, weather, speed, lighting, and their own driving abilities.”

Diaz said the fact that the overdose was a Priority 1 call would not, in itself, necessitate emergency driving. “The priority level is a factor to consider but is not generally controlling,” Diaz wrote. “While many Priority 1 calls would warrant emergency driving under our current policy and training, not all do and officers are expected to consider the totality of the circumstances.”

Original story follows.

It’s unclear how fast Dave was driving or whether his decision to engage in emergency driving was within department policy.

The Seattle Community Police Commission, one of three city police oversight bodies, sent letters to the Seattle Police Department and Seattle Fire Department last week seeking information about policies that may have contributed to the death of Jaahnavi Kandula, the 23-year-old woman who was struck and killed by SPD officer Kevin Austin Dave last month. Kandula was crossing Dexter Ave. in a marked crosswalk when Dave, who was driving in an SPD SUV to join Seattle Fire Department first responders at a potential overdose nearby, struck and killed her.

SPD has not responded to questions about how fast Dave was driving or whether he stopped to help Kandula after striking her. In a statement , Police Chief Adrian Diaz noted that Dave is an EMT and said he “did have his emergency lights on and was clearing intersections with his siren,” a comment that implies Dave had “cleared” the crosswalk where Kandula was walking.

According to the AAA Foundation for Traffic Safety, a person struck by a vehicle at 25 miles per hour, the speed limit on Dexter, stands just over a 10 percent chance of dying from their injuries; at 40 mph, that risk goes up to 45 percent, and 75 percent of people hit at 50 mph will die.

The CPC’s questions for SPD revolve around the department’s policies and training for “emergency driving,” including how officers are trained to decide when driving faster or with less caution outweighs the risks, whether an officer who hits a bystander on the way to a call is supposed to stop and render aid, and whether officers are trained to always treat every high-priority call as an emergency requiring a speedy response. (Overdoses are classified as Priority 1 calls, the same category as active shooters and armed robberies).

The questions for the fire department concern an SFD policy that requires police to accompany them on overdose calls; as we’ve reported, this policy appears to stem from concerns that people revived from overdoses may be violent toward first responders, although it’s unclear how often this has actually happened or whether the presence of police has been effective at reducing this purported risk.

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CPC co-chair Joel Merkel, who spearheaded the letter, says the department’s manual includes detailed instructions for pursuing drivers who fail to stop (an issue that’s at the heart of a heated legislative battle in Olympia right now), but comparatively little information about how officers are supposed to drive when responding to various types of emergencies. Last year, lawmakers barred police from chasing drivers except for violent crimes and suspected DUIs; despite data showing the new law has already saved lives, lawmakers are considering legislation that would roll back the partial ban.

“One of the reasons the vehicle pursuit bill was enacted in 2021 is because operating a police vehicle outside of a normal traffic pattern is very dangerous. Well, so is emergency response,” Merkel said. “When I as looking at SPD’s policies on pursuing vehicles and emergency response, I saw a huge variable—there’s a ton of parameters on pursuits, but if you look at the emergency response policy it’s comparatively [vague].”

“There’s a ton of non-governmental responses to overdoses that don’t involve the police and they go just fine.”—Joel Merkel, co-chair, Seattle Community Police Commission

Similarly, Merkel said, the CPC couldn’t find a written policy requiring police to respond to overdoses or documentation of people attacking first responders upon being revived by emergency breathing or Narcan. “There’s a ton of non-governmental responses to overdoses that don’t involve the police and they go just fine,” Merkel said.

It’s unclear whether this call even involved an overdose reversal; a Fire Department spokeswoman said “the patient was evaluated and did not want to be transported to the hospital” but did not provide additional details about the incident.

Spokespeople from both departments told PubliCola they plan to respond to the CPC’s questions as early as this week.

According to the AAA Foundation for Traffic Safety, a person struck by a vehicle at 25 miles per hour, the speed limit on Dexter, stands just over a 10 percent chance of dying from their injuries; at 40 mph, that risk goes up to 45 percent, and 75 percent of people hit at 50 mph will die.

 

Courts, Police, race

Report Shows Ongoing Racial Disparities in Use of Force, Sparking Criticism and Questions About Future of Consent Decree

By Erica C. Barnett

A review of the Seattle Police Department’s use of force over the last three years, released by the federal monitor who oversees the consent decree over the department, found that despite a decline in the use of all levels of force, officers remain far more likely to use force against Black and Native American people than white suspects, and that Black people were most likely to experience the most serious type of force, which includes shootings by police. Thirty-six percent of use of force incidents involved Black individuals, who make up just over 7 percent of Seattle’s population.

Between 2019 and 2021, SPD officers used the highest level of force (known as Type 3 force) against 15 Black people, compared to 15 white people and 15 whose race officers listed as “unknown.” Overall, the race of nearly one third of all use-of-force subjects (and more than half of the people police used force against during the summer 2020 protests) was recorded as “unknown” (compared to 9 percent of people arrested overall), making it hard to draw clear conclusions about the true extent of racial disproportionality in use of force. This data gap could simply mean “a box wasn’t checked,” Oftelie said during a public meeting about the report Tuesday night, or it could be “something a bit deeper and more culturally nefarious, like officers have not wanted to check that box… in order to avoid repercussions” related to racial bias.

At Tuesday’s meeting, community members, including members of the city’s Human Rights Commission and a staffer for City Councilmember Alex Pedersen, raised questions about the report’s conclusions and how they’ll be incorporated into upcoming negotiations with the city’s largest police union, the Seattle Police Officers Guild. Malik Davis, a staffer for Pedersen, expressed frustration about the secrecy surrounding contract negotiations, noting that SPOG’s 2018 contract, which invalidated major elements of the city’s landmark 2017 police accountability ordinance, was the reason the federal judge overseeing the consent decree, James Robart, ruled the city partly out of compliance with the agreement the following year.

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Oftelie is expected to recommend a path toward ending the consent agreement later this spring.

Meanwhile, the city’s Human Rights Commission, which is not one of the city’s official “accountability partners,” is seeking amicus status on the consent decree in order to share “the stories and solutions of our residents and community stakeholders most affected,” according to an SHRC press release. “In simple terms, the amicus status will enable the Commission to be a ‘friend of the court’ and have the ability to petition the court for permission to submit a brief in support of our neesd for continuous police accountability,” the SHRC wrote.

Two members of the city’s Community Police Commission, which does have amicus status with the court, said Tuesday night that amicus status does not give them carte blanche to “petition the court” or communicate with Judge Robart directly; it does allow them to “file on on the city’s brief, like we did in 2020 when the city tried to come out from under the consent decree,” CPC member Rev. Harriett Walden said. Continue reading “Report Shows Ongoing Racial Disparities in Use of Force, Sparking Criticism and Questions About Future of Consent Decree” →

criminal justice, Elections, Health, homelessness, King County, Morning Fizz, Police

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cops, criminal justice, Morning Fizz, Police, Transit

Court Upholds Firing of Cop Who Punched Handcuffed Woman, Sound Transit Board Delays CEO’s Contract Renewal, Debate Continues Over Disarming Suspects with Knives

1. The Washington State Supreme Court ruled unanimously on Wednesday that the court will not consider former Seattle police officer Adley Shepherd’s appeal of an earlier Court of Appeals decision that upheld his termination from the Seattle Police Department in 2016. The ruling ends a protracted legal battle with the city of Seattle that has loomed over the past half-decade of police accountability reform efforts in the city.

Former Seattle Police Chief Kathleen O’Toole fired Shepherd for punching a woman while she was handcuffed in the back of a patrol car during a late-night arrest in June 2014. Shepherd and his union, the Seattle Police Officers’ Guild (SPOG), appealed her decision to an arbitrator, who sided with Shepherd, directing SPD to re-hire him and offer back pay.

Seattle City Attorney Pete Holmes stood by Shepherd’s firing, asking the King County Superior Court to vacate the arbitrator’s decision—a rare challenge to the authority of arbitrators in police disciplinary cases, whose decisions are typically final. The city prevailed in both superior Court and the Court of Appeals, setting the stage for a longer-term struggle with the city’s police unions to limit arbitrators’ power to overturn disciplinary decisions made by police department leaders.

2. In an unusual move, the executive committee of the Sound Transit board decided to delay approving a one-year contract extension for agency CEO Peter Rogoff Thursday. The committee went into closed executive session for more than an hour before coming back into public session and bumping Rogoff’s contract renewal from the agenda. Rogoff makes a base salary of around $380,000 a year.

Sound Transit has spent the past 17 months debating the best way to cut costs in response to budget shortfalls and higher-than-anticipated cost estimates for key components of Sound Transit 3, the regional light rail and bus system expansion voters approved in 2016. After a number of tense public meetings, which included Rogoff, the board ultimately adopted a compromise plan spearheaded by King County Council member Claudia Balducci that would accelerate projects in order of priority if more funds become available in the future.

Because the discussion happened in executive session, no one is talking about what the committee discussed. Sound Transit spokesman Geoff Patrick, speaking on behalf of board chair (and a University Place council member ) Kent Keel, said, “following the committee’s discussion in executive session today, the full Sound Transit Board will continue discussion of the contract at its September meeting,” on September 23.

“Chair Keel emphasized his responsibility to honor the confidentiality that always surrounds the contract review process prior to when the Board discusses its action in open session, and that nothing further can be shared at this time,” Patrick said.

3. Mark Mullens, the only police officer on Seattle’s Community Police Commission, was unusually vocal during a question-and-answer with Office of Police Accountability (OPA) Director Andrew Myerberg during Wednesday’s commission meeting. Myerberg came to the meeting to address the OPA’s investigation into the fatal shooting of 57-year-old Terry Caver by Seattle police officer Christopher Gregorio last May. After the OPA concluded that Gregorio failed to de-escalate during his confrontation with Caver, Interim Seattle Police Chief suspended Gregorio for 20 days and transferred him out of the department’s K9 unit—a rare outcome for police shootings in Seattle, which typically end without discipline. Continue reading “Court Upholds Firing of Cop Who Punched Handcuffed Woman, Sound Transit Board Delays CEO’s Contract Renewal, Debate Continues Over Disarming Suspects with Knives” →

City Council, Health, labor, Morning Fizz, Police

Vaccination Resistance at SPD Continues Amid COVID Spike; Harrell Turns Down Police Accountability Debate

1. The highly contagious Delta variant of the COVID-19 virus is spreading quickly in Washington, including within the Seattle Police Department. In the past three weeks, 29 officers tested positive for the virus, marking the highest increase in cases within the department since the beginning of the pandemic. SPD also saw cases spike in April, when roughly 20 officers tested positive for the virus.

The new spike also spurred a sharp increase in the number of officers in quarantine. At the beginning of August, only one officer was in quarantine; on Monday, 33 officers were isolating themselves. The number of officers in quarantine reached its peak in late November of last year, when 80 officers quarantined after exposure to the virus; those figures plummeted at the beginning of the year, routinely falling into the single digits.

This month’s increase in infections among police officers comes on the heels of Mayor Jenny Durkan’s decision to require all city employees to receive the COVID-19 before October 18, 2021 or risk termination. The city’s vaccination mandate sparked outcry from the coalition of city unions, including the two largest unions representing Seattle police officers, who argued that any decision that affects working conditions requires the city to come to the bargaining table to negotiate how the city implements the new rule.

In a letter to interim Labor Relations unit head Jeff Clark, coalition co-chair Shaun Van Eyk wrote that the October 18 timeline won’t leave enough time for the city to “bargain in good faith”; instead, his coalition demanded that the city not enforce the mandate until it completes negotiations with the unions.

Mike Solan, the president of the Seattle Police Officers Guild, is among the loudest critics of the vaccination mandate. In a letter published on his union’s blog on August 9, Solan claimed that more than half of his union’s members are vaccinated, though he suggested that mandating vaccination could prompt officers who have resisted the shot to leave the department in protest.

“SPOG is concerned for the safety and wellbeing of all of our members including those with personal vaccination beliefs,” he wrote. “Can Seattle now endure more losses of police officers due to Mayor Durkan’s vaccination order?” A week later, Solan clarified on his podcast that his objection to the mandate “isn’t about whether the vaccine works. That isn’t our lane.”

So far, SPD has been unable to track its employees’ vaccination status because of privacy rules, but the city’s vaccine mandate could provide a chance for the department to start collecting this data.

Van Eyk said Monday that intransigent conservatives aren’t the only ones who aren’t getting jabbed; some employees of color are hesitant, too, because they mistrust a medical system that has historically exploited African Americans and other BIPOC individuals.

2. The state auditor’s reported Monday that the city council’s controversial contract with the nonprofit Freedom Project to oversee the Black Brilliance Research Project last year was built on questionable foundations.

While the council’s decision to award the $3 million no-bid contract to the same organizations that lobbied for the funding didn’t technically break any state rules, state auditor Pat McCarthy wrote in a press release on Monday that “the city exercised only the bare minimum of accountability and transparency” while handling the contract.

The city council initially set aside dollars to pay for research about public safety spending priorities last fall at the urging of a fledgling coalition called King County Equity Now (KCEN); according to the auditor, the council decided long before awarding the contract that KCEN would receive city dollars to lead the research. But because KCEN wasn’t technically a nonprofit at the time, the council turned to South Seattle-based restorative justice nonprofit Freedom Project to handle finances while KCEN led research teams.

The arrangement allowed the council to award the contract to Freedom Project without a bidding process; in turn, KCEN hired Freedom Project as a sub-sub-contractor. But the collaboration between Freedom Project and KCEN collapsed shortly before the contract’s end in February of this year, driven partially by disputes about late payments to researchers.

In the review, the auditor’s office criticized the council for shaping the $3 million contract to fit KCEN’s proposals before awarding the contract. McCarthy also argued that the council agreed to accept deliverables that were too broad to be meaningful, leaving room for questionable spending and a final research report that didn’t provide a clear blueprint for launching the highly anticipated participatory budgeting process. “The City did not specify how the money would be spent, including requirements on administrative costs; a method for compensating community participants; research methodology requirements; and details on how the City would use the results,” McCarthy wrote in a letter to the council and Mayor Jenny Durkan last week.

McCarthy’s letter included recommendations for avoiding a repeat of the widely criticized Black Brilliance Research Project contract, including improving how the council documents its decisions about awarding contracts.

Meanwhile, budgetary and administrative disagreements about how to move forward with participatory budgeting have delayed the project—originally intended to begin in the spring of 2021—until next year.

3. Mayoral candidate and former city council member Bruce Harrell turned down an invitation from the Community Police Commission to participate in a general election debate that was supposed to happen in September, prompting the CPC to cancel the debate. The CPC is one of the city’s three police oversight bodies; among other duties, it recommends reforms and weighs in on policy proposals related to policing and police accountability.

Jesse Franz, the spokesman for the CPC, told PubliCola Monday that the CPC had planned to focus specifically on the mayoral election this year, and had no current plans to host debates in the races for city attorney and City Council positions 8 and 9.

As we reported last month, the CPC held a spirited debate over whether to host a candidate forum at all. Some members, including the Rev. Harriett Walden, contended that elections are outside the commission’s scope, while others, such as commission co-chair LaRond Baker, argued that the CPC’s role includes informing the public about potential leaders’ positions on public safety issues.

In a statement issued after PubliCola reported on Twitter that the debate was canceled, the CPC said that although “Bruce Harrell has declined our invitation to participate,” the commission “still hopes to find the best ways to educate and facilitate a community dialogue about the critical issues Seattle’s future mayor will face regarding public safety and police accountability. We hope to share those plans with you at a future date.”

Harrell’s campaign did not immediately respond to an email seeking comment on Monday.

campaign finance, Courts, Elections, homelessness, legislature, Morning Crank, Police, Taxes

State Goes on Offensive to Save Capital Gains Tax, Police Oversight Group Considers Candidate Forum, and Compassion Seattle Plays Victim

1. Washington State Attorney General Bob Ferguson filed a motion Tuesday seeking to have a Douglas County judge throw out two lawsuits against the capital gains tax. Ferguson argues in his motion that the plaintiffs filed the suits for political reasons and don’t have grounds to sue because they don’t know yet if they’d be subject to the tax.

The capital gains tax bill (SB 5096) imposes a 7 percent tax on profits of $250,000 or more from the sale of intangible financial assets, such as stocks and bonds. The bill would go into effect in 2022, but the state would not collect taxes until January 2023. Roughly 7,000 Washington taxpayers would be subject to the tax, which would generate $415 million for the state in its first year.

Three days after the legislature passed the bill, the Freedom Foundation, a conservative think tank, challenged the law in court. Less than a month later, former attorney general Rob McKenna, along with the Washington Farm Bureau, filed a second lawsuit against the bill. Both suits were filed in conservative Douglas County.

The lawsuits say taxing capital gains is unconstitutional because capital gains are property, and all property must be taxed at a uniform rate in Washington because of a 1933 state Supreme Court decision.

However, Democrats have argued that the capital gains tax is an excise (sales) tax, not a property tax, because it is triggered by the sale of financial assets.

Ferguson argued that the plaintiffs have asked the court to settle a political dispute, rather than a legal one, noting that they “are suffering no legal harm from the tax they challenge and ask this Court to issue a purely advisory political opinion.” He also argued that the lawsuits are preemptive and speculative, since the plaintiffs don’t know whether they’ll even have to pay the tax when it goes into effect in 2023.

The state Supreme Court is also hearing arguments for a lawsuit against the state’s 2019 bank business and occupation tax (HB 2167), which was also filed by McKenna. Washington State Solicitor General Noah Purcell argued at the court on May 25 that state law prohibits lawsuits against taxes until they have gone into effect. If the court sides with Purcell, the lawsuits against the capital gains tax might have to wait until state residents actually pay the tax, which wouldn’t be until 2023 at the earliest.

State Sen. Jamie Pedersen (D-43, Seattle) said that if the court dismisses the lawsuits, it will only delay the inevitable: having the state Supreme Court reviewing the law. Democrats want the court to review the tax because they believe the court would overturn the previous ruling declaring income a form of property, which would blow the doors open for an income tax.

The next hearing for the cases is set for July 13 at 10am, with Douglas County Superior Court Judge Brian Huber presiding.

2. The future of the Seattle Police Department is front-and-center in the upcoming elections, but some members of Seattle’s Community Police Commission (CPC)—the branch of the city’s police oversight system tasked with gathering community input on police reforms—are wary of wading into electoral politics.

Reverend Harriet Walden, the commission’s longest-serving member, also opposed the candidate forum. “It’s not part of our mission,” she said.

During the CPC meeting Wednesday, CPC communications director Jesse Franz described plans that are already underway for a general election forum that the CPC plans to co-host alongside a community organization involved in criminal justice reform, such as Choose 180 or Community Passageways.

But some prominent members of the commission pushed back on the plan. Suzette Dickerson, who will represent the CPC during contract negotiations with the Seattle Police Officers Guild next year, argued that hosting a candidate forum was outside the scope of the CPC’s responsibilities. From her perspective, the commission’s role is to be a sounding board for Seattle residents’ opinions on reforms to SPD; “stepping into the political arena,” she argued, would undermine public trust in the commission.

Reverend Harriet Walden, the commission’s longest-serving member, also opposed the candidate forum. “It’s not part of our mission,” she said, adding that she isn’t confident that the CPC would allow community groups opposed to downsizing SPD to have a voice in the forum. “I think that we’re headed down a path to help social engineer the defunding the police department,” she said.

The commission’s current leaders, however, supported the idea. “To me, holding a candidate forum seems within the scope of ensuring that the community is informed about what accountability may or may not look like, in particular candidates minds,” said CPC co-chair LaRond Baker.

Though the CPC can’t endorse candidates, the commission is not a neutral player in the police oversight sphere: It recommends reforms to SPD and Seattle’s police oversight system. Recent CPC recommendations have included a ban on tear gas and removing limits on the number of civilian investigators in the Office of Police Accountability. The success of those recommendations depends on the support of the mayor, the council, and the police chief, which gives the CPC a clear stake in the outcome of the election.

“Opponents have been using increasingly violent tactics against our signature collection teams,” the solicitation for funds claims. “We must persevere, and we need your help to ensure we reach 33,060 signatures by June 25.”

3. In a fundraising email Tuesday, the Compassion Seattle campaign, which is gathering signatures to get its charter amendment on homelessness on the November ballot, claimed that several of its paid signature gatherers have been attacked by people who oppose the initiative.

“Opponents have been using increasingly violent tactics against our signature collection teams,” the solicitation for funds claims. “We must persevere, and we need your help to ensure we reach 33,060 signatures by June 25.” Continue reading “State Goes on Offensive to Save Capital Gains Tax, Police Oversight Group Considers Candidate Forum, and Compassion Seattle Plays Victim” →

Cops, Police

Police Chief’s Reversal of Misconduct Finding Reveals Flaws In Accountability System, Advocates Say
An SPD cruiser carrying Lt. John Brooks (center) orders protesters to disperse from a Capitol Hill intersection in October 2020.

By Paul Kiefer

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

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

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

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

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So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

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

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

City Hall, Development, homelessness, Morning Fizz, Police

Afternoon Fizz: “A Dictator Posturing As a Mayor,” Another Preventable Disease Outbreak, and CPC Challenges Cops’ Crowd Control Plans
Not a handwashing station.

1. The manager of Seattle’s Equitable Development Initiative, Ubax Gardheere, and EDI staffer Boting Zhang sent out an open letter today denouncing Mayor Jenny Durkan as “a dictator posturing as a Mayor” and leading a city in which “women and people of color step up inside the institution” to do emotional labor for others.

“We’re done working for a dictator posturing as a Mayor,” the letter says. “We’re done feeling increasingly out of touch with our communities and friends. And we’re done being women of color bearing a disproportionate emotional labor burden in our civilization’s collective reckoning with our mid-life (or is it end-of-life?) crisis.”

The Equitable Development Initiative exists within the city’s Office of Planning and Community Development, which answers directly to Mayor Durkan. The purpose of the EDI is to fund and promote projects that prevent displacement in communities of color.

However, in their letter, Gardheere and Zhang suggested their jobs had become more about taking on emotional labor and “producing” on deadline than helping the communities EDI is supposed to serve.

“When we each took our jobs, we were afraid that we’d get pulled away from the values and people we hold most dear,” the letter reads “To an extent, we have. Our bodies have been weaponized in an institution that historically and presently has actively fought against [community], and you have sensed this.”

“There is an ongoing joke about the Seattle Process, this notion that when you bring too many people together, we don’t get anything done. Fuck that. It’s not bringing together too many people that makes us slow. It’s bringing together so much trauma that gets us trapped in gridlock. And time and again, we have seen women and people of color step up inside the institution to massage at the knots.”

Contacted by email, Gardheere and Zhang declined to comment or elaborate on their letter, which says both are “taking some time off to regain our mental health” before deciding what’s next.

Prior to working at the city, Gardheere was a program manager for Puget Sound Sage, the Seattle-based race and social justice advocacy group. Zhang was named “one to watch” in Seattle Magazine’s 2018 list of the city’s most influential people.

The best way to prevent disease outbreaks, county public health officer Jeff Duchin emphasized, is to ensure that people have access to soap and running water so that they can actually wash, not just sanitize, their hands.

2. At a meeting of the Seattle/King County Board of Health last week, King County Public Health director Patty Hayes described new outbreaks of shigella (a bacterial infection that causes diarrhea, fever, and vomiting) and cryptosporidiosis (a diarrheal disease caused by a parasite.) Both spread through fecal matter on unwashed hands. In the latest shigella outbreak, 84 percent of 142 cases were among people experiencing homelessness. (Sixty-three percent of those people had to be hospitalized, according to Hayes).Among 47 people with cryptosporidiosis, about half are homeless, Hayes said.

The best way to prevent the spread of such diseases, county public health officer Jeff Duchin emphasized, is to ensure that people have access to soap and running water so that they can actually wash, not just sanitize, their hands. “Handwashing is definitely superior to” hand sanitizer, Duchin added. The city of Seattle, under Durkan, is considering what multiple people familiar with the conversations called “Purell on a pole” as an alternative to the handwashing stations that the city council funded in its budget last November.

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

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

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

Hayes did praise the city for turning on 12 water fountains in downtown Seattle, which the city had turned off in response to the COVID-19 pandemic. “One of the top priorities was to get potable water, drinking water, out there—that was a super concern,” Hayes said. “We’re exploring more safe water options with Seattle Public Utilities and Parks. In the coming weeks, we’ll make additional recommendations for high-priority areas and we’ll continue to talk to the city about these hygiene issues.”

PubliCola’s has asked SPU how many water fountains are still out of commission across the city.

The department is holding an online seminar for groups interested in submitting a proposal for its handwashing station pilot—now expanded to include food waste disposal and rebranded the “Water and Waste Innovation Funding Program”— tonight at 6.

3. A blog post the Seattle Police Department published Monday announcing reforms to the department’s crowd control and use-of-force policies caught the Community Police Commission off guard, according to a letter from commission’s co-chairs. SPD’s post said the CPC’s “feedback” had contributed to the reforms. In a public response to SPD posted on the CPC’s website, co-chairs LaRond Baker and Erin Goodman wrote that the new policy changes largely do not reflect their recommendations and will “not do enough to keep protesters and other members of the community safe.” Continue reading “Afternoon Fizz: “A Dictator Posturing As a Mayor,” Another Preventable Disease Outbreak, and CPC Challenges Cops’ Crowd Control Plans” →

Cops, Economy, Elections, labor, legislature, Morning Fizz, Police

Fizz: Revenue Rebounds, SPD Negotiations Delayed, and Sawant Slams Lazy Recall Campaign Mail
Stock photo models against Sawant!

1. Washington state’s latest revenue forecast shows tax revenue increasing $3.3 billion through 2023, a major jump from the Washington State Economic Revenue and Forecast Council’s most recent (November) projection. The new projection is an improvement on what had already been an upward trend after a grim forecast last June predicted $8.8 billion in lost revenue through 2023, and brings the state much closer to its pre-pandemic $52.3 billion projection.

Wednesday’s report shows that the state’s revenue recovery is being driven by speedy vaccine distribution, the two federal stimulus packages that passed in December and March, which gave qualifying Washington state residents $600 and $1,400 checks–the $4.25 billion expected to go to the state was not factored into the forecast–, and near-record high taxable activity from real estate transaction and higher than predicted retail sales.

Andy Nicholas, senior fellow at the progressive Washington State Budget and Policy Center, says it’s no surprise sales taxes and real estate excise taxes are keeping the economy afloat. “Our whole tax code is propped up by lower- and middle-income working people in Washington state,” he said. “The gains that we’re seeing are gains from a tax code that disproportionately put responsibility for funding public services that we all benefit [from] on those with low- or moderate incomes and asks very little from those at the top.”

Nicholas says the state is currently stuck in a position where it can only hope to keep funding for public services at the same amount they were before the pandemic—which he says was not enough.

Several bills in the house and senate, like the capital gains tax (SB 5096) and the wealth tax (HB 1406), hope to fix the state’s tax code and get wealthy residents to pay more. Democratic budget proposals for the next biennium, likely coming next week, may indicate what taxes they expect to pass this session.

The Office of Financial Management said in a press release on Wednesday, “The increase in projected revenues would leave the state with a net surplus of nearly $3 billion — including reserves — at the end of current biennium.” The recently passed American Rescue Plan Act of 2021 will infuse an additional $12 billion into the state and may help maintain programs, but ultimately the money is only a one-time infusion and needs to be spent by 2024. Washington state has received roughly $20 billion in federal aid since the start of the pandemic.

“This is moment where we need to be making big and bold investments in communities,” Nicholas said. While the federal aid will help, “[The government} needs to be thinking about how we are going to set ourselves up for long-term adequate level funding and that has to be done with new, equitable sources of revenue.”

Support PubliCola

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

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

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

2. If Seattle City Attorney Pete Holmes’ prediction is correct, the city’s labor negotiation team won’t sit down to negotiate with the Seattle Police Officers’ Guild (SPOG) until after new mayor takes office in 2022.

In a presentation to the Community Police Commission on Wednesday, Holmes hypothesized that contract negotiations with the city’s largest police union “probably” won’t begin “until sometime next year,” and that the negotiators may not have finalized the “parameters” for bargaining—the ground rules for the process—by the time the next mayor is inaugurated in January. He also suggested the next mayor could begin the search for a permanent police chief at roughly the same time; current Interim Seattle Police Chief Adrian Diaz stepped into the role when former Chief Carmen Best retired on short notice in September 2020, and Mayor Jenny Durkan has declined to begin the search for a permanent during her term.

Contract negotiations with city employee unions can be a lengthy process—the last round of bargaining with SPOG ended in 2018 after more than a year of negotiations. At that time, SPOG members had been working under an expired contract since 2014. The 2018 contract expired at the beginning of this year, so SPOG members will once again work under an expired agreement for the foreseeable future.

Delayed negotiations would also mean that the numerous controversial features of the 2018 SPOG contract will remain in effect for at least the coming year. Before the Seattle City Council approved the contract in November 2018—responding in part to pressure from Durkan to approve raises for union members—police accountability advocates, including the CPC, condemned the agreement for undercutting years’ worth of advocacy and a landmark 2017 ordinance that strengthened police oversight and discipline. Continue reading “Fizz: Revenue Rebounds, SPD Negotiations Delayed, and Sawant Slams Lazy Recall Campaign Mail” →