Tag: community police commission

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”

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”

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.

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”

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”

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”

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.”

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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.

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”

Police Accountability Agenda in Legislature Narrows as Deadline Passes

State Rep. Jesse Salomon (D-32)

By Paul Kiefer

Tuesday marked a crucial deadline for bills in the Washington State legislature: the final opportunity for bills to pass from the house to the senate, or vice versa. The cutoff date thinned the herd of police accountability bills introduced this year, though most key proposals—including bills that would impose stricter guidelines for police use-of-force and lower barriers to de-certifying police officers—are still moving forward.

Proposals that won’t move forward include a bill (HB 1202) sponsored by Rep. My-Linh Thai (D-41, Mercer Island) that would have allowed victims of police misconduct or their families to sue police officers and police departments. The bill would have effectively eliminated the ‘qualified immunity’ protection that prevents individuals from suing government employees unless the plaintiff can prove that the employee violated a person’s “clearly established” rights.

The bill, originally introduced in the House Civil Rights and Judiciary Committee, received support from several statewide and national police accountability groups, including the ACLU of Washington, but faced opposition from both the Washington State Association of Counties and the Association of Washington Cities, which raised concerns that increasing the liabilities of cities and counties—which would bear the costs of civil suits against their police officers—would strain their budgets and limit their insurance options.

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Enoka Herat, the Police Practices and Immigration Counsel for the ACLU of Washington, told PubliCola that the cities and counties that opposed the bill have misplaced priorities. “Cities and counties should play a role in reducing misconduct and ensuring that there are good policies in practices in place,” Herat said, “both in order to avoid liability and to do the right thing.” Herat added that the proposal “added teeth” to other police accountability bills that are moving forward in the legislature.

Rep. Jesse Johnson’s (D-30, Federal Way) HB 1203, proposing the creation of “community oversight boards” to investigate police misconduct in jurisdictions across the state, also failed to move forward to the state senate. The bill would have required all existing civilian-led oversight bodies in Washington—including Seattle’s Office of Police Accountability—to civilianize their investigative staff and relocate out of law enforcement agencies. The bill’s prospects dimmed when some police accountability experts raised concerns about the proposal’s impact on existing police oversight bodies, and about the 120-day cap the bill would place on misconduct investigations.

A third bill (SB 5134) that would have drawn a distinction between law enforcement unions and other labor groups, sponsored by Sen. Jesse Salomon (D-32, Shoreline), lost momentum long before the March 9 deadline. The proposal would have prohibited law enforcement unions from using the collective bargaining process to limit police oversight, and it would have effectively eliminated the ability of police officers facing discipline to appeal their case to an arbitrator—a specially licensed attorney who can approve of, reduce, or overturn a department’s disciplinary decision. Continue reading “Police Accountability Agenda in Legislature Narrows as Deadline Passes”

D.C. Protest Cops Sue for Secrecy, Questions About “Shelter Surge,” and Concerns About Police Contract

Seattle Deputy Mayor Casey Sixkiller

1. Six Seattle Police Department officers who were in Washington, DC on January 6 for the “Stop the Steal” rally that preceded the attack on the US Capitol building have sued the Seattle Police Department and four individuals who filed public records requests with the department to prevent the department from disclosing their names. The six officers are currently under investigation by the Office of Police Accountability (OPA) for their potential involvement in the attack on the Capitol.

According the complaint, which the officers filed in King County Superior Court on Tuesday, the six are seeking a temporary restraining order that would stop SPD from releasing their names and unredacted personnel files. SPD and the OPA will release their names and unredacted personnel files to the public unless they receive a temporary restraining order by February 25, the officers noted in the complaint.

“It is highly inappropriate for a public employer to demand that its employees disclose their attendance at a political event, and then release the identities of any employees who attended that political event to the public,” the complaint says.

The lawsuit claims that the officers will be “targeted, harassed, subjected to violent acts or sustain other irreparable harm” if their names are made public, particularly while the OPA investigations are still ongoing.

“It is highly inappropriate for a public employer to demand that its employees disclose their attendance at a political event, and then release the identities of any employees who attended that political event to the public,” the complaint says. “Just as it would be anathema for a public employer to require its employees to disclose who they voted for in any particular election, and then disclosure that information to members of the public.”

The complaint says the officers did not take part in the Capitol attack, and that if their names come out, the officers will be “painted as ‘criminals’ or ‘extremists’ solely by virtue of their constitutionally-protected attendance at a political speech and rally.” It also argues that releasing the officers’ names may violate state law, which prohibits government agencies from disclosing records connected to ongoing investigations into violations of federal, state or local laws.

If the officers receive a temporary restraining order from the court, they will then seek a permanent injunction preventing SPD from disclosing their names in the future.

2. During a wide-ranging briefing about the hotel-based shelters Mayor Jenny Durkan announced this week, deputy mayor Casey Sixkiller fielded questions from the council about the scope of the program, who it will serve, and why the mayor’s office seems so attached to partnering with a specific hotel in downtown Seattle, the Executive Pacific Hotel. The city fully rented the same hotel at the beginning of the pandemic for first responders and, when first responders didn’t use the rooms, for nurses and other essential workers. The hotel remained almost entirely vacant for the duration of the lease, which cost the city about $4 million.

Not all of these rooms will be used as shelter.

As we reported earlier this week, the announcement confirms PubliCola’s previous reporting that Chief Seattle Club will operate a shelter and rapid rehousing program out of King’s Inn in Belltown, and LIHI and Chief Seattle Club will run a similar program out of the Executive Pacific.

Although Sixkiller echoed Durkan’s announcement that the two hotels will provide 220 rooms for people experiencing homelessness, the actual number is closer to 200, because some of the rooms at both hotels will be used for case management, live-in staff, and other purposes. That’s about 100 less than the 300 hotel rooms the city announced it would provide last October, when the estimate for the hotels to open was no later than January. The city now says both hotels will open sometime in March, more than a year after the mayor declared a COVID-19 state of emergency.

“Our goal here is sort of a ‘both, and,’ council member—both individuals who have high acuity needs as well as others.”—Deputy Mayor Casey Sixkiller

The mayor’s office has referred to the hotels as a yearlong program, but the plan includes a total of at least two months to ramp up and ramp down the programs, so the planned duration of the actual shelters is more like nine to ten months. 

The program has changed in other ways. Although the budget action appropriating city funds for the “shelter surge” explicitly said the hotel program would serve people with the greatest service needs—who happen to be the group causing the greatest “disorder” in areas like downtown and Pioneer Square—LIHI plans to serve people who can more easily transition into the rapid rehousing program that is also a key component of the mayor’s plan.

Councilmember Dan Strauss asked Sixkiller whether the program would also help “high-acuity” clients, as the deputy mayor said it would as recently as last December, when Sixkiller brought advocates from the Public Defender Association and REACH, two groups that serve high-needs unsheltered people, along with him to the council’s homelessness committee to promote the program.

“[With] all of our shelter units, we are trying to pair individuals with the housing that best meets their needs and the services that they need to be successful in making that transition from being outside and into housing and on the journey, hopefully, into permanent housing,” Sixkiller told the council yesterday, “so our goal here is sort of a ‘both, and,’ council member—both individuals who have high acuity needs as well as others.”

LIHI has indicated that at least some of the people who will move into the Executive Pacific will come from other LIHI programs; Chief Seattle Club did not return a call seeking more information about their program. Referrals will go “through” the new HOPE Team, which replaced the Navigation Team, but the exact details of how that will work and how the agencies will identify hotel clients are vague; the HOPE team does not actually do outreach, but coordinates referrals from their offices.

Sixkiller would not get into the cost of each hotel room, saying that was proprietary information until the city had inked the contracts. But a back-of-the-envelope calculation indicates that if the city spends all of the available money on these two hotels, the cost will work out to about $28,000 a bed, or around the same amount as the expansion of the JustCARE program the city rejected as too expensive.

Councilmember Lisa Herbold asked Sixkiller whether the “125 new shelter beds” the mayor announced this week were actually new. The two new tiny house villages were actually council additions to the mayor’s budget last year, and the WHEEL shelter opened earlier this month after the organization spent months pressuring the mayor’s office to allow them to open a nighttime shelter in City Hall, a plan the mayor’s office rejected. Sixkiller responded that he could get back to her about the “color of money” funding each part of the “surge,” prompting Herbold to respond, “This isn’t merely an academic exercise” about “the color of money” but a question of how many actually new beds will be available.

3. The Community Police Commission voted on Tuesday to approve a list of recommendations for Seattle’s upcoming contract negotiations with the Seattle Police Officers’ Guild (SPOG), the largest of the city’s police unions. The recommendations address both the transparency of the city’s bargaining process and the city’s priorities during bargaining.

The commission generally agreed on the transparency proposals, which included a recommendation to require the city to make public the membership of its negotiating team, its bargaining priorities, and any concessions it makes during negotiations. Commissioners also broadly supported a recommendation that negotiators try to remove the parts of the SPOG contract that allow the agreement to supersede city law; Officer Mark Mullens, the only SPD officer on the commission, was the only member to oppose that proposal.

Continue reading “D.C. Protest Cops Sue for Secrecy, Questions About “Shelter Surge,” and Concerns About Police Contract”

Community Police Commission Appoints Permanent Director

CPC Executive Director Brandy Grant

By Paul Kiefer

Seattle’s Community Police Commission (CPC) promoted its interim executive director, Brandy Grant, to a permanent position during a commission meeting on Wednesday morning.

Grant, who took over as interim executive director in August 2020, was one of three candidates seeking the position. The others were Eddie Aubrey, the manager of the Office of Professional Accountability in the Richmond, California police department; and Ed Harness, the executive director of Albuquerque’s Civilian Police Oversight Agency.

Aubrey began his career as a police officer in Los Angeles and Santa Monica, but he stepped away from policing after the beating of Rodney King by a group of LAPD coworkers in 1992. He later worked as a deputy prosecutor for King County and as Renton’s chief prosecutor, and he established the Office of Independent Review for the Fresno Police Department. As Aubrey told the CPC in a public interview on Monday night, the City of Fresno closed his office “due to lack of funding” after he refused to re-write an critical audit of a fatal police shooting that also sparked a federal civil rights case against the city.

Harness took charge of Albuquerque’s Civilian Police Oversight Agency in 2015; before that, he was a police officer in Milwaukee, a private attorney and a volunteer police commissioner in Wisconsin. In his interview on Monday, Harness cast himself as a “credible” and “pragmatic” choice for the CPC’s executive directorship, arguing that SPD would be more open to his input because of his law enforcement background.

He also suggested a policy priority for the CPC: increasing the minimum hiring age for police officers to 25 and eliminating “veterans preference points” in the department’s hiring process. (The Washington State Senate is considering a bill, sponsored by Senator Patty Kuderer, that would effectively do the former).

Grant was the only candidate without a background as a police officer; before her appointment as a CPC commissioner in 2019, Grant worked as a therapist and public health nonprofit manager. Grant was also the only candidate to express support for “dismantling” and re-structuring Seattle’s police disciplinary process, though she didn’t offer detailed plans to the CPC.

She added that her primary concern in increasing public awareness of the CPC’s role in the city’s police accountability structure. “We would have more support from community if people clearly understood who we are and what we do,” she told the commissioners on Monday. Grant shares that concern with past CPC executive directors—after the Seattle city council made the CPC a permanent agency in 2017, then-executive director Fé Lopez also said that raising the commission’s profile and earning community trust were her top priorities.

The CPC director manages the CPC’s $1.5 million budget and five staff members, and serves as a spokesperson for the commission one in presentations to other branches of city government. However, the CPC’s role in the city’s police accountability structure is only advisory: the commission can make recommendations about SPD policy changes, including the 15 policy recommendations the CPC released on Monday. As of last fall, it also has a role in shaping the city’s agenda and strategy for contract negotiations with police unions.

On Wednesday, the CPC voted nearly unanimously—eleven in favor, with two abstentions—for Grant’s appointment. She is the second executive director to be chosen from the CPC itself; the commission promoted her predecessor, Bessie Marie Scott, from policy director to interim executive director in 2019. Grant will also be the commission’s first permanent director in a year and a half.

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.