Tag: community police commission

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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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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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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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.

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.

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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.

Activists Criticize SPD Process for Approving Protest Policy Changes

By Paul Kiefer

On Tuesday night, Seattle’s Community Police Commission held a town hall to field responses to the Seattle Police Department’s proposed changes to their use-of-force and crowd management policies. The meeting was a rare opportunity for activist leaders to ask SPD representatives about the department’s policies and tactics; during a tense two-hour conversation, those activists pointed out that the lack of access to SPD leadership is itself a barrier to accountability.

Some of the proposals include the creation of a special team to investigate use of force at protests and allowing officers to use pepper-ball launchers as an alternative to blast balls, which can hurt protesters standing near the person an officer is trying to target. (The policies would not entirely prohibit officers from using blast balls.)

The CPC’s last public event was 2015, when the commission hosted a gathering to hear the concerns of protesters who had joined the post-Ferguson Black Lives Matter protests in Seattle. Tuesday’s gathering took a very different form: instead of public comment, the town hall paired a panel of police accountability and abolition activists—Nikkita Oliver, Travonna Thompson-Wiley of Black Action Coalition, Le’Jayah Washington from Colorful Communities and Braxton Baker from the Seattle Group for Police Accountability—with three SPD representatives.

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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.

The CPC arranged the town hall at the last minute; SPD had previously planned to stop taking public feedback by January 8, but the CPC pushed the deadline back to make time for the event.

SPD Assistant Chief Lesley Cordner, who presented the proposed changes to the CPC in December, said the goal of the policy changes is to reduce SPD’s “footprint” at future protests and “target individual law-breakers” in a crowd instead of breaking up otherwise peaceful protests. According to Cordner, the changes would bring the department’s official policies up-to-date with tactical adjustments SPD made after last summer’s protests.

However, any formal changes to SPD’s policies require the approval of the federal judge that oversees the department’s reform efforts. To get that approval, SPD first needs to solicit feedback from the city’s accountability agencies and the public. Before the CPC arranged the town hall, SPD only planned to gather public feedback through an online form posted to their blog in December.

In her initial remarks, Cordner told the panel that SPD reviews and reworks its policies every year; she added that the department considers public input for every round of policy changes, though she didn’t explain how the department has gathered that input in the past.

Cordner’s comments caught the panelists off guard. “I find it pretty flagrant that SPD is parading this as some kind of accountability audit if this is the typical process that happens yearly,” Oliver said. “It’s concerning that I haven’t heard of this policy revision process before,” added Baker. “Because if it wasn’t for [advocacy by the CPC and other accountability groups], this town hall wouldn’t have happened.”

Others criticized SPD for releasing more than 100 pages of proposed policy revisions less than a month before the deadline for civilians to submit their feedback. “BIPOC communities were given only a scrap of time to put together their thoughts on the policy changes,” said Thompson-Wiley. “Meanwhile, the department has already started making the changes.”

At the end of the two-hour town hall, Boatright and the other SPD representatives told the panelists that they would “think hard” about their criticisms of the policies, though they did not give any indication that they would adjust their proposed revisions in light of the criticism.

Baker, however, ended his comments by calling for SPD to extend its deadline for feedback once again. “One town hall isn’t enough,” he said. “We need to hear from the victims who were affected by these policies before we can approve them.”

SPD Confirms That At Least Five Officers Were In DC During Capitol Attack

By Paul Kiefer

On Wednesday afternoon, the Seattle Police Department confirmed that at least five of its officers were present at the rally held by former President Donald Trump in Washington, D.C. on January 6th that preceded the hours-long attack on the U.S. Capitol by Trump’s supporters. More than a week after an SPD officer reported two of his colleagues to his superiors for a Facebook photo of the pair at the rally, three more officers notified the department that they, too, had attended the event.

Office of Police Accountability Director Andrew Myerberg broke the news during a meeting of Seattle’s Community Police Commission (CPC) on Wednesday morning. At the time, only two new officers had stepped forward; they were joined by one more officer later that afternoon, which Interim SPD Chief Adrian Diaz acknowledged on the department’s blog. In his comments to the CPC, however, Myerberg said he “anticipate[s] that there may be more.”

Myerberg said his office is investigating whether any of the five officers took part in the attack on the US Capitol; Diaz promised to fire any officers involved in the insurrection. During the CPC meeting, Myerberg added that the OPA will also try to discern whether the five officers had ties to any militias or white supremacist groups. “In my mind, membership in an [extremist] group would be a disqualifying factor for employment with the Seattle Police Department,” he said, “but that’s going to be the chief’s call.”

However, Myerberg also noted that his office hasn’t been able to interview any of the officers yet. The OPA’s manual requires its investigators to give officers accused of misconduct two notices before conducting interviews: one when the office first begins their investigation and another after investigators complete a preliminary review of the evidence in the case. The OPA has to provide the second notice within 30 days of opening an investigation; Myerberg told the CPC that his office will likely need that time to sift through footage and photographs, so he estimates that his investigators will start interviewing the officers in a month.

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The two officers whom the OPA began investigating on January 8 are currently suspended with pay. In his blog post, Diaz noted that the three new officers under OPA investigation are still on duty. “The difference is that they self-reported,” said Myerberg. “When they did that, they affirmatively stated that they weren’t involved in any illegal activities. The first two didn’t provide that kind of statement.”

If the OPA investigations find the three officers were involved in the attack, Myerberg noted that in addition to being fired, the officers would also lose their certification to work as law enforcement officers in Washington for lying to the department.

However, Myerberg emphasized to the CPC that his office can’t treat the officers’ presence at the January 6 rally as evidence of misconduct in and of itself. “If you just have a firmly held belief that the election was stolen and you want to go yell on the mall,” he told the commissioners, “you’re allowed to do that.”

During and after Myerberg’s presentation, some commissioners shared their belief that department should not treat its officers’ presence at a rally alongside hundreds of avowed white supremacists as a benign act of free expression. “I don’t understand how we can derive any other decision other than they were there to spur what those people did to storm the Capitol,” said CPC Executive Director Brandy Grant, adding that the department’s efforts to respect the free speech rights of the five officers stood in sharp contrast to its response to SPD’s response to last summer’s protests.

CPC Commissioner and SPD Officer Mark Mullens, typically one of the commission’s quieter members, also spoke up during Wednesday’s meeting. “I would ask that the OPA keep in mind the African-American officers,” Mullens, who is Black, said. “We have to guard ourselves from people who mean to harm us, meaning white supremacists. It’s unsettling to think that there’s a possibility that there might be some behind you—someone who is supposed to be backing you up—that’s involved in” white supremacist groups.

Later in the meeting, Mullens shared that MAGA hats have become a regular sight in at least one of SPD’s precincts. “Your political views are your business,” he said. “And whether you’re racist or not is still to be found out. But when you’re wearing that [hat], you’re not taking into consideration Black officers and other officers who might be triggered by that… [and] there’s also the question of the community’s trust.”

Community Police Commission Questions Proposed SPD Policy Changes

 

A commercially available pepper-ball launcher, one of the “less lethal” weapons SPD wants to use for crowd control. Image via Amazon.

By Paul Kiefer

Members of Seattle’s Community Police Commission (CPC), one of three city-level police accountability bodies, expected to spend an hour of their Wednesday morning meeting asking questions of Seattle Police Department Assistant Chief Lesley Cordner, who appeared at their last meeting to present an array of changes the department has proposed for its crowd management and use-of-force policies. Those proposed changes include the creation of a special team to investigate use of force at protests and allowing officers to use pepper-ball launchers to target individual protesters they believe are breaking the law as an alternative to blast balls, which can hurt protesters standing nearby.

But Cordner’s second appearance before the CPC did not go as planned; in fact, she didn’t appear at all. Instead, a post appeared on SPD’s Blotter blog on Wednesday night inviting questions and suggestions from the public about the proposed revisions.

SPD first announced plans to revamp some of its policies in a blog post in late October, responding to both public criticism of the department’s response to Black Lives Matter protests and recommendations from the city’s police oversight agencies, including the CPC. In that post, SPD said the policy changes are intended to reduce the visible police presence at protests “when safe and feasible”; to ensure that journalists, legal observers and medics can work freely during protests; to prioritize de-escalation; and to create “new strategies to address individuals taking unlawful actions in otherwise lawful crowds.” The post also claimed that the department had already made “significant changes” to their crowd management tactics; the policy revisions would theoretically cement those changes.

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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. Earlier this month, we took a look back at just some of the work we’ve been able to do thanks to generous contributions from our readers, but those pieces represent just a handful of the hundreds of stories we’ve published this year.

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 and exclusively 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.

Any proposed revisions to SPD’s policies have to undergo a review and revision process that involves the CPC and other oversight bodies, namely the Office of Police Accountability, the Office of the Inspector General, and the Department of Justice, which oversees reforms at SPD through an arrangement called a consent decree. SPD didn’t share the draft policy revisions with the CPC until shortly before Cordner’s introductory presentation at their meeting on December 2, so commissioners sent a list of questions about the policy to SPD on Tuesday, December 15, in advance of Cordner’s scheduled appearance the following day.

The questions were uniformly critical of SPD’s proposed policy changes. Commissioners saw little overlap between SPD’s proposals and the list of policy recommendations they issued in August. One of the questions pointed out that the revised policies would still allow SPD to use blast balls, which the CPC has pressed the department to abandon since 2016. Another noted that the revisions would actually add a weapon—a pepper-ball launcher, which is akin to a paintball gun—to SPD’s arsenal instead of removing weapons. (SPD told PubliCola on Thursday that some specialty units were already allowed to use pepper-ball launchers; the new policy would only expand the number of officers authorized to use them). A third asked why the revised policies didn’t raise the requirements for SPD to issue a dispersal order at protests, despite both the CPC and OIG raising concerns about unreasonable dispersal orders since last summer. Continue reading “Community Police Commission Questions Proposed SPD Policy Changes”

Police Accountability Agencies to Review SPD’s New Protest Policies

By Paul Kiefer

At the end of October, after months of criticism from the city council, police oversight bodies and protesters, the Seattle Police Department announced in a blog post that they had “undertaken significant changes” to their protest management tactics. The post promised that SPD would reduce its visible presence at demonstrations to help quell tensions; that their officers would respect the roles of journalists, legal observers and protest medics; and that their protest response would focus on de-escalation and, when necessary, target individual law-breakers instead of largely law-abiding crowds.

But for more than a month, that promise of changes to SPD’s use-of-force and crowd management tactics seemed hollow. To have any real significance or consequence, the changes need to be enshrined in SPD’s policy manual. An crucial early step in that process took place last Wednesday, when SPD Assistant Chief Lesley Cordner appeared before the Community Police Commission (CPC), the civilian oversight body tasked with providing input on police reform, to present a slate of proposed changes to SPD’s protest response and use-of-force policies.

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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. Earlier this month, we took a look back at just some of the work we’ve been able to do thanks to generous contributions from our readers, but those pieces represent just a handful of the hundreds of stories we’ve published this year.

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 and exclusively 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.

The proposed changes include an update to the manual emphasizing the importance of the right to protest and  acknowledging that “the unlawful acts of some members of a crowd do not automatically turn an assembly from peaceable to unpeaceable.” They would also create a special team to investigate use of force at protests; specifically forbid officers from placing their knee on the neck of a person they’re arresting (a response to a well-publicized incident at a protest on May 30th); and allow officers to use pepper-ball launchers to target individual protesters they believe are breaking the law as an alternative to blast balls, which can hurt protesters standing nearby.

Other proposed revisions would require SPD command staff who lead protest responses (incident commanders) to provide explanations after the fact for any decision to issue a dispersal order to a crowd, and requires the incident commanders a “reasonable effort to ensure that the order is heard or received.”

According to Cordner, the department brought the tactical changes into the field before consulting with Judge James Robart, the federal district court judge who oversees police reforms mandated by a 10-year-old settlement agreement between Seattle and the Department of Justice known as a consent decree. Any changes to SPD’s use-of-force or protest management policies require Robart’s stamp of approval. Cordner’s presentation to the CPC is a step in that direction: the CPC, as well as the Office of Police Accountability (OPA) and the Office of the Inspector General (OIG), will review the proposed changes and suggest edits before a final draft of the policy revisions goes before Robart.

In response to last summer’s protests, the CPC, OPA and OIG issued their own recommendations for changes to SPD policy. During her presentation, Cordner claimed that the proposed changes to SPD policy reflected many of the accountability partners’ recommendations, including those the CPC issued in August.

That is only nominally true:  the current draft revisions do not include many of the OPA and OIG’s most crucial recommendations, including a wholesale end to the use of tear gas for crowd control and greater restrictions on when SPD can declare an unlawful assembly. For its part, the CPC generally avoided suggesting specific policy changes; Cordner called the one clear policy proposal included in the CPC’s recommendations—that SPD document every decision to issue a dispersal order and make the documents public within 24 hours of an incident—an “infeasible” proposition.

The CPC will have a chance to ask Cordner questions about the current draft revisions during their regular twice-monthly meeting on December 16 and will respond and suggest their own changes next year. The OPA and OIG will also have opportunities to weigh in on the proposed changes. Both offices began reviewing SPD’s protest response policies to identify areas for improvement during last summer’s protests; those reviews will play a crucial role in shaping their suggested policy revisions.

After the CPC issues a response, they will work with SPD, the OIG, the OIG and other accountability leadership to piece together a final slate of policy revisions. That final draft will go before Judge Robart in early 2021; if he approves to the changes, SPD’s policies could catch up with what they say are already their current tactics next year.

 

Officials Announce Changes to Police Union Negotiation Strategy, But Accountability and Bargaining Experts Say More Should Be Done

Mayor Jenny Durkan (center) and City Council member Lisa Herbold (right)

By Paul Kiefer

On Wednesday, Mayor Jenny Durkan and City Council member Lisa Herbold announced a pair of adjustments to the make-up of the bodies responsible for negotiating collective bargaining agreements with Seattle’s police unions. For the first time, all three of the city’s accountability partners—the Office of Police Accountability, the Office of the Inspector General (OIG), and the Community Policing Commission (CPC)—will formally advise the city in preparation for, and during, negotiations with the police unions, and they will be able to attend bargaining sessions when police accountability is on the agenda.

Previously, only the OPA advised the city. This will be the first time the CPC, which represents the interests of the public rather than any branch of city government, will have an official role in police contract negotiations.

Second, a member of the City Council’s central staff will now sit at the bargaining table itself; in the past, the bargaining team was composed entirely of the mayor’s staff and staff from departments indirectly under the mayor’s direction. The move was foreshadowed in a January 2020 council resolution “affirming the city’s good faith intent” to consider addressing community and oversight groups’ concerns about the police union collective bargaining process, but that resolution did not name any specific changes to the city’s bargaining strategy.

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In comparison to the last round of contract negotiations, these changes mark some notable shift in Durkan’s approach to negotiations. During the end of the last bargaining process in 2018, both the council and the accountability partners relied on second-hand information provided by the mayor’s office to monitor negotiations and assess proposed contracts. This year, accountability advocates hope that these shake-ups will ensure that longstanding recommendations for improving accountability within SPD are finally enshrined within the police union contracts.

In the press release that accompanied the announcement, OPA director Andrew Myerberg cast the move as a step toward “ensuring public trust and confidence” in the city’s bargaining process with the police unions; he was echoed by Inspector General Lisa Judge, as well as by CPC co-chairs Rev. Harriet Walden and Prachi Dave, who wrote that the inclusion of the CPC in the negotiating process will be “an opportunity to help ensure the reforms in the landmark 2017 Police Accountability Ordinance are fully implemented.”

“Just because you have a [council] representative at the table doesn’t mean that the bargaining process will proceed in a way that’s transparent to the public.”—Peter Nguyen, former Labor Relations (LR) representative during police contract negotiations

The 2018 Seattle Police Officers Guild (SPOG) contract—and Durkan’s approach to negotiations—drew widespread criticism from accountability experts, including retired judge and former OPA auditor Anne Levinson and the CPC,  who said that the contract undercut major improvements to accountability that were enacted in the historic 2017 accountability ordinance.

A key problem, Levinson told PubliCola, was that — as she understands — the Mayor’s Office’s goal during the negotiations was not to ensure that the reforms they promised to the public were fully realized. “At a minimum [the Mayor’s Office] should have been saying, ‘here is how a proposed provision is different than what the community was promised and what was adopted in the accountability ordinance,’ or, ‘here is how the proposal would lessen, rather than strengthen, accountability and not serve the public as well,” said Levinson. “There was an obvious lack of an independent voice for accountability reform and community perspective.”

Peter Nguyen, who represented the LR at the bargaining table with SPOG in 2018 (and worked as a legislative aide to council member Dan Strauss) but no longer works for the city, shares Levinson’s view. He was one of only five people on the city’s negotiating team that year, sitting beside then-counsel to the mayor Ian Warner, private attorney Otto Klein, and representatives from SPD’s Human Resources unit and SPD’s command staff.

Nguyen’s interview with PubliCola was the first time he’s gone on record to speak about the city’s labor negotiations strategies; it’s rare for labor negotiation professionals to give interviews on the subject. “The major failure of transparency when it comes to police bargaining in its current form in Seattle,” Nguyen told PubliCola before the mayor’s announcement, “is that negotiations can and essentially are driven by a single individual [the mayor] who cannot possibly reflect the collective interest of our entire city when it comes to public safety, and who is not subject to the proper checks and balances which would safeguard the public good.” Continue reading “Officials Announce Changes to Police Union Negotiation Strategy, But Accountability and Bargaining Experts Say More Should Be Done”