Tag: King County Council

Courts, criminal justice, King County

Amid Lawsuit Over Jail Conditions, County Moves Forward With Controversial Inmate Transfer Plan

By Erica C. Barnett

A King County Council committee tentatively moved forward on an agreement to move up to 150 men currently incarcerated at the downtown King County Correctional Facility to the South Correctional Entity (SCORE), a jail owned jointly by six south King County cities. The contract, which will cost the county around $3.5 million over two years, is supposed to “help King County mitigate the impact of the unprecedented levels of employee vacancies on staff in the Department of Adult and Juvenile Detention,” according to a letter from King County Executive Dow Constantine that accompanied the legislation. Under the agreement, DAJD would initially transfer about 50 men to SCORE starting in April.

PubliCola first reported on the county’s decision to fund the SCORE contract last year.

The county council’s Law, Justice, Health and Human Services Committee moved the agreement forward without recommendation, citing the need to balance concerns raised by attorneys who represent incarcerated people with the abbreviated timeline laid out by Constantine and the county’s Department of Adult and Juvenile Detention, which runs the jail. The council plans to work out the details over the next two to three weeks and adopt the agreement by the end of March.

The union that represents employees at King County’s Department of Public Defense, SEIU 925, believes the proposed agreement fails to address their concerns that moving defendants to SCORE will impede attorneys’ access to their clients and put them at a disadvantage during court proceedings; the union sent a letter to the council laying out their concerns with the contract last night.

Currently, SCORE only allows inmates to access court hearings virtually, and has just one booth where attorneys can talk to their clients and pass documents back and forth, along with several booths where one member of an inmate’s defense team (which might include investigators, paralegals, and mitigation specialists) can communicate with them at a time.

“We frequently have to get documents signed; we frequently have to work through documentation; we frequently need interpreters. Trying to do this over video will be impossible.”—Department of Public Defense union president Molly Gilbert

SCORE also has video visitation booths where visitors can speak with incarcerated people virtually; the jail, unlike those operated by King County, has no in-person visitation.

“Once you get above the misdemeanor level and start talking about felonies, you’re talking about really convoluted court hearings and legal concepts that are difficult to explain,” DPD union president Molly Gilbert told PubliCola. “We frequently have to get documents signed; we frequently have to work through documentation; we frequently need interpreters. Trying to do this over video will be impossible.”

Last November, the union filed a demand to bargain over the proposal to move inmates to SCORE, arguing that the agreement creates changes to their members’ working conditions; the county has not agreed to negotiate with the union.

“I don’t want to be an alarmist here, but we are at a critical stage. Delaying simply creates one more day, one more moment where the opportunities for people in our custody won’t get met.”—Department of Adult and Juvenile Detention director Allen Nance

At Tuesday’s meeting, interim DAJD administrative division director Diana Joy said SCORE had assured the department that it would transfer defendants to court and that attorneys as well as other DPD staff, such as investigators and paralegals, will have direct access to clients.

However, the contract itself says only that “SCORE will provide a minimum of one transport to a King County designated facility every twelve hours for King County inmates newly booked at SCORE or housed at SCORE and requested by King County to be returned.” It says almost nothing about defendants’ access to attorneys and others working on their cases; the sole reference to these rights in the contract is a line stipulating that “confidential telephones or visitation rooms shall be available to a Contract Agency Inmate to communicate with his or her legal counsel.

At Tuesday’s meeting, DAJD director Allen Nance said it was important for the county to move forward on the contract quickly because conditions at the jail have continued to deteriorate amid an ongoing staffing shortage.

“I don’t want to be an alarmist here,” Nance said, “but we are at a critical stage … Delaying simply creates one more day, one more moment where the opportunities for people in our custody won’t get met.”

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Understaffing at the jail reached unprecedented levels during the pandemic, as the jail struggled to hire and retain applicants for high-stress jobs that pay less than other law enforcement positions and lately have required frequent mandatory overtime. Currently, according to King County Corrections Guild president Dennis Folk, the jail is 111 guards short of its staffing target—an improvement since last year, when the shortage reached 129 absent guards.

“This is [DAJD’s] way of trying to decrease our numbers [of people] that are in custody, which ultimately results in us having less posts that we need to fill,” Folk said. Removing 50 people from the jail, for example, could eliminate the need to staff one floor of the jail, for example. “I don’t think it will make that big of a dent, but they seem to think it will.”

Guard shortages, combined with a dramatic increase in the number of people housed at the downtown jail, have led to untenable and sometimes dangerous conditions in the jail. In February, the ACLU of Washington filed a lawsuit against the county, alleging that conditions at the jail violate an agreement known as the Hammer settlement, which requires the jail to meet minimal health and safety standards, including adequate access to behavioral and physical health care.

The contract says the inmates who will be transferred to SCORE will be men accused of Class C and “non-violent B level” felonies, such as burglary, auto theft, and  stalking. “SCORE would not be used for people doing service work in King County jails, who have frequent court appearances, or who have significant medical or mental health needs,” the agreement says. Gilbert says a stable group of inmates without “frequent court appearances” doesn’t really exist; everyone in the jail, except people waiting to go to Western State Hospital for competency evaluations, has to appear in court. “We don’t understand what population it is they’re talking about,” she said.

“Yes, it’s challenging, yes, there are tradeoffs, but I think we owe it to the folks who are trying to make the best of a very dangerous situation, to take up their request … and give the best answer we can within the timeline they have asked for.”—King County Councilmember Claudia Balducci

King County Councilmember and committee chair Girmay Zahilay said Tuesday that while “on the one hand, we want to be able to relieve pressure on… the downtown jail,” which is facing “crisis” conditions, “on the other hand, we’ve heard some some downsides,” including the need for defense attorneys to travel to a third jail, on top of the downtown jail and the Norm Maleng Regional Justice Center in Kent (which has suspended new bookings) , in order to meet with clients.

Councilmember Claudia Balducci, who worked for DAJD for 15 years and directed the department from 2011 to early 2014, countered that both DPD and the jail itself have asked the county to do something to improve conditions inside the facility. “So yes, it’s challenging, yes, there are tradeoffs, but I think we owe it to the folks who are trying to make the best of a very dangerous situation, to take up their request … and give an answer the best answer we can within the timeline they have asked for.”

Folk, from the jail guards’ union, said that once the jail has 473 guards on staff—the point at which guards who volunteer for extra shifts are no longer eligible for overtime pay at 2.5 times their regular wages—”I want that contract canceled.” Hiring more than 100 new guards presents challenges that go beyond recruitment. One issue, Folk said, is that many new recruits can’t pass the state law enforcement academy’s physical fitness test; in a recent batch of 13 new guards, he said, “over half failed” and had to be let go. Still, he said, the jail has 19 new hires coming on board this month.

In July 2020, King County Executive Dow Constantine pledged to close the downtown jail “in phases” after the end of the COVID-19 pandemic. In the intervening years, the county’s overall jail population has rebounded, reaching about 1,600 (compared to a pre-pandemic average of around 1,900) last year.

City Council, Elections, King County

City Councilmember Teresa Mosqueda Will Run for King County Council

By Erica C. Barnett

Seattle City Councilmember Teresa Mosqueda, who’s in the middle of her second four-year term, will run for the King County Council seat longtime County Councilmember Joe McDermott is leaving at the end of the year. (PubliCola first reported that Mosqueda might run for this position on Monday). In an interview, Mosqueda said she was “pulled” by the appeal of serving on the county council rather than “pushed” out of her current job by the factors—public hostility, divisiveness, and personal attacks—that have contributed to several colleagues’ decisions not to run for reelection.

“Throughout my career, but especially on council, it is evident that I can rise above the fray, that I can pull people together who have diverse perspectives, and we can pull solutions together and pass them with near unanimous or near-unanimous support,” Mosqueda, a former labor lobbyist in Olympia, said.

As an example, she pointed to the JumpStart payroll tax, which succeeded where previous “Tax Amazon” efforts by her council colleague Kshama Sawant had failed, thanks in large part to Mosqueda’s efforts to win at least tacit consensus from groups that opposed previous efforts to raise taxes on large businesses.

“I think there really needs be a shift from thinking about ‘peak hours” to thinking about what workers need and what accessibility truly means to families,” Mosqueda said. “Also, making sure that our light rail is going to communities and not through communities.”

Similarly, Mosqueda said, she would have handled the siting of a controversial homeless shelter expansion in SoDo—which King County abandoned under pressure from advocates in the Chinatown-International District who said the county never consulted them—differently.

“Folks who were concerned about the siting [of the shelter] there are also interested in solutions— they’re concerned about people not having a place to use the bathroom or sleeping outside business establishments,” Mosqueda said. “We have shared interests… but we have to start with talking to the community first—especially in the CID and the [Asian and Pacific Islander] population who have also been on the receiving end of other services over the years.”

If voters pass a ballot measure to build six behavioral health crisis centers around the county in April, the council will play a role in deciding where those are located, a decision Mosqueda said “has to start with community conversations” about “where those six sites are going to be.”

In addition, Mosqueda said, she wants to support efforts to build “workforce housing” in places like Vashon Island (one of several parts of the district outside Seattle), improving participation in apprenticeship programs and broadening their scope, and bolstering the infrastructure that supports high-paying jobs—everything from funding to “create a career pathway for child care workers” to restructuring King County Metro’s bus system to better serve people who work outside standard office hours.

“I think there really needs be a shift from thinking about ‘peak hours” to thinking about what workers need and what accessibility truly means to families,” Mosqueda said. “Also, making sure that our light rail is going to communities and not through communities.”

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If Mosqueda wins, she will be the first Latinx person to ever serve on the King County Council, and one of only four council members of color in county history—one of whom, Girmay Zahilay, represents what has historically been the council’s only majority-minority district.

Mosqueda wouldn’t take the bait on a question about whether she, like the four council members who have announced they’re leaving this year, is actually fleeing the council, rather than being “pulled” toward the county. After all, I noted, if the county council was more compelling than the city council, she could have run for that position in the first place.

Instead, she chalked up the city council exodus to the fact that seven of the nine council seats are all on the ballot at once—a recipe, she said, for instability. If elections were split more evenly—with half the district seats and one citywide seat on the ballot every two years—”then you wouldn’t see that kind of instability,” Mosqueda said. That’s something she said she plans to work on this year, whether she wins or not.

Since the Durkan administration, Mosqueda has over multiple city budget cycles to prevent the mayor from raiding proceeds from the JumpStart tax to fill a general budget hole. Without her vigilance, will JumpStart—which is supposed to fund housing, small businesses, and equitable development—become a slush fund for other priorities or a permanent emergency reserve to fill funding gaps?

Mosqueda said she was confident that it wouldn’t, citing “structural requirements” the council has codified as well as future revenues, to be identified by a new progressive revenue tax force, that will address long-term budget gaps. Even so, Mosqueda had to negotiate a deal this year that allowed some JumpStart revenues to help backfill a massive general-fund shortfall—and even with new progressive revenue on the table, there’s no guarantee that the mayor, or a future mayor, won’t try to use JumpStart taxes for purposes outside the scope of its adopted spending plan.

Mosqueda has already rounded up more than c80 endorsements, including that of current Mayor Bruce Harrell, and her decision to run seems to have neutralized some potential opponents, including West Seattle attorney Rob Saka, who was reportedly considering a run for the county council seat but now appears likely to run for the West Seattle seat being vacated by Lisa Herbold.

human services, King County, Police, public safety

King County Council Approves Body-Worn Cameras, Puts Popular LEAD Program on Notice
King County Councilmember Girmay Zahilay
King County Councilmember Girmay Zahilay

This post has been updated to include comments from King County Council budget committee chair Joe McDermott.

By Erica C. Barnett

The King County Council’s budget committee adopted the county’s two-year budget Thursday, including a controversial amendment that would require King County Sheriff’s deputies to wear body cameras on the job—while providing ample leeway for officers to turn their cameras off and review camera footage before giving a statement in most cases.

The King County Police Officers’ Guild agreed to the $4 million body-worn camera program as part of its latest collective bargaining with the county, adopted this week. While the proposal would finally bring King County in line with the Seattle Police Department, whose officers began wearing body cameras five years ago, it also provides broad leeway for officers to turn off their cameras whenever they perceive an “exigent circumstance” that could justify their decision, or when they’re going into a location where a person might have a “reasonable expectation of privacy,” such as someone’s home.

The policy also gives officers unusual latitude to review bodycam footage before providing their version of events in all cases except allegations of “serious force”—opening up the possibility that an officer could use video footage to craft a more consistent or convincing story.

“The list and breadth of the exceptions in the policy are dangerously close to swallowing the [body-worn camera] rule.”—King County Office of Law Enforcement Oversight director Tamer Abouzeid

On Wednesday, Tamer Abouzeid, director of the county’s Office of Law Enforcement Oversight, sent a letter to county county members urging them not to adopt the proposed policy. “The list and breadth of the exceptions in the policy are dangerously close to swallowing the rule,” Abouzeid wrote, citing both the “exigent circumstance” exemption and the proposal to let officers turn off cameras in any location where there’s a “reasonable expectation of privacy.” The privacy exemption, Abouzeid argued, could empower officers to “stop recording inside someone’s home, which is often essential to establishing an accurate account of what happened.” 

Councilmember Girmay Zahilay said he would prefer to renegotiate the body camera policy with the sheriff’s union than adopt a policy that didn’t make stakeholders, including community groups, “feel like there’s going to be accountability.”

Councilmember Claudia Balducci said she agreed the policy was far from perfect, but argued that a flawed policy was better than having no body cameras at all. “I don’t think all of this is baked by us moving forward. I think that we can change some of these things together working with the executive and the sheriff’s office,” Balducci said.

“I think the [new] policy is a good policy that we should implement, and by all means evaluate as we move forward,” council budget chair Joe McDermott told PubliCola. “Legislative bodies have an obligation, also, to evaluate and make sure we have the policy implications we intended and we don’t have unintended consequences.”

Zahilay ended up casting the lone vote against the body camera proposal.

The council also agreed to fund five new investigators for OLEO, which had requested funding for 12 new staffers, not all of them investigators.

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In an unrelated budget amendment that caught its target by surprise, King County Councilmember Claudia Balducci proposed requiring the Public Defender Association to go through a competitive procurement process next year if it wants to retain county funding for the Law Enforcement Assisted Diversion (LEAD) diversion program, which is active in Seattle, Burien, and White Center. LEAD provides case management and services to people who are involved in the criminal legal system due to poverty or behavioral health conditions, including people experiencing homelessness. King County provides LEAD with about $5 million a year through its Mental Illness and Drug Dependency program.

Explaining her decision to single out LEAD for special scrutiny, Balducci said, “I think regular re-procurement is a best practice and it is regularly used for county programs exclusively. I think that fundamentally what you get out of this is that there’s a formal process, supported by the council in the budget, that will efficiently communicate between [the Department of Community and Human Services] and the providers about the cost of the programs, ensuring an open and fair process, and will springboard an updated contract that creates a clear basis for continued work in this area.”

Balducci did not immediately return a call seeking more information about her amendment.

But DCHS, which falls under the jurisdiction of King County Executive Dow Constantine, has reportedly clashed with the PDA in the past over how the group runs LEAD, which started in the Belltown neighborhood in 2011. Alluding to this “tension,” Councilmember Rod Dembowski asked why the council would want to start down a path that could lead to the complete defunding of LEAD in 2024—for a body of work that was developed by the PDA and is unique to that organization.

“Are we unhappy with the contract today? What’s going on?” Debowski asked. “This is a very important project. These folks have been instrumental in getting folks help and turning them out of the traditional arrest-prosecute-jail model.”

PDA co-director Lisa Daugaard told PubliCola the organization was unaware of Balducci’s proposal until midway through today’s council meeting, when PubliCola contacted her for comment. “There may be a misunderstanding,” Daugaard said. “LEAD funds go through the project manager [historically and currently, the PDA] to multiple service providers—who were all already selected through a competitive process that the county participated in.” Those service providers, which do the on-the-ground work that makes up the bulk of the LEAD program, are REACH and Community Passageways.

Daugaard also noted that the PDA manages LEAD under the direction of a multi-jurisdictional coordinating group, of which King County is just one member. “The Policy Coordinating Group could decide to conduct a competitive process for the project management function” currently filled by the PDA, Daugaard said. “But King County is not the sole stakeholder in that process, and cannot unilaterally make decisions for this multi-partner initiative. We are reaching out to Councilmembers, and will attempt to sort this out in advance of the 2024 budget process.”

The amendment putting LEAD on notice passed, with only Dembowski and Councilmember Jeanne Kohl-Welles voting “no.” The full council will take up the overall county budget next Tuesday, November 15.

City Council, homelessness, Parks, public safety

Proposal to Trade Away Troubled Pioneer Square Park Questions About Park Access, Land Value
City Hall Park, fenced and closed
City Hall Park, a rare piece of green space in downtown Seattle, has been closed and fenced off since last year.

By Erica C. Barnett

King County and the city of Seattle are moving forward with a plan, negotiated under former mayor Jenny Durkan, for the city to trade City Hall Park in Pioneer Square for 12 smaller pieces of county-owned property around the city.

The park, which has been closed and fenced off since last year, was the site of a large encampment through much of 2021, prompting calls to remove the park from city control by King County officials and some superior court justices who work in the adjacent King County Courthouse. Although the park was neglected during the pandemic, pre-COVID efforts to “activate” the space had been largely successful, and the city had planned to spend hundreds of thousands of dollars expanding those programs before the pandemic began.

On Wednesday, the city council’s public assets and homelessness committee had its first discussion about the proposed land swap, which will also require the city to vacate (give or sell to the county) a short stretch of road that passes through the park.

Although the trade currently feels like a fait accompli—a spokesman for Mayor Bruce Harrell’s office said Harrell supports the trade as long as it includes a covenant that ensures the park remains a park “in perpetuity”—parks and Pioneer Square neighborhood advocates questioned whether trading the land to the county would actually accomplish the dual goal of improved public safety and open space for the neighborhood.

Rebecca Bear, president of the Seattle Parks Foundation, called City Hall Park a “complex” location with “a lot of issues,” but told council members that “closing off the park and even transferring the park to another jurisdiction is not going to solve that problem.” For hundreds of low-income people living in the area, the park serves as an important green space in a highly urban area—or did, before it was fenced off last year. “The park does need love now while this process is going on, and so I’d encourage you all to you know, work with the [county] to see if there’s a way we can get the park open and activated before any land transfers happen,” Bear said.

Parcels King County has proposed transferring to the city in exchange for City Hall Park include a 2,300-foot wedge of the Cheasty Greenspace overlooking Columbian Way S; a 251-square-foot fragment of the Duwamish Greenspace overlooking I-5 ; and a 291-square-foot triangle near the Admiral District in West Seattle.

Legislation adopted by the King County Council last year says the deed for the land swap will include a covenant guaranteeing that the land “shall continue to be used for public open space, a park, a recreation and community facility, the expansion of existing County facilities, or other public benefit purpose, provided that any such purpose shall be for use by the general public and primarily noncommercial in nature.”

King County external relations director Calli Knight told the council that placing covenant on the land would “make it clear that it is going to be substantially used in perpetuity for open space, with the nuance that we really would like to look at opening the historic south entrance of the park”—the historic front entrance of the courthouse, which was reoriented to face Third Avenue in the 1960s.

Representatives from the county noted that the city and county previously agreed to a land swap based on acreage, rather than land value, since the fair-market value of City Hall Park would be in the tens of millions if it could be developed as high-rise housing or office space. “We settled upon a an area negotiation because … the location of the park, if it was unrestricted property, would render that completely outside the scale, which is one of the reasons we also have about three times as much property being conveyed in terms of area,” King County Facilities Management Division Tony Wright told the council.

Initiative 42, passed in 1997, says that if the city wants to trade away park land, it must “receive in exchange land or a facility of equivalent or better size, value, location and usefulness in the vicinity, serving the same community and the same park purposes.”

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Collectively, the 12 parcels represent more square footage (1.33 acres) than City Hall Park, which is just over half an acre, but many are tiny triangles or squares contiguous to or across the street from city-owned property. But some council members wondered if the city is getting a fair deal out of the proposed land swap. “Many of these [parcels] are really small—you know, there’s a couple that are less than 300 square feet,” Councilmember Tammy Morales noted Wednesday. “I’m not sure what the city’s gain would be in terms of being able to use these parcels.”

In addition to the park, the county is asking the city to vacate a public street, allowing the county to use that space for another purpose, for free—a departure from previous policy. For example, when the city vacated streets on First Hill to allow expansion of the Harborview Medical Center, the county paid for the land, Lewis said.

The land transfer can’t move forward without city council approval and analysis under the State Environmental Policy Act, from which the Durkan administration argued the land swap was exempt. Committee chair Andrew Lewis told PubliCola he and other council members have a number of outstanding questions about the land swap, including the street vacation, which amounts to as much city-owned property as the park itself.

“I don’t think any of us particularly feel bound by whatever secretive process the Durkan administration engaged in” with the county, Lewis said, “because it was not one the council was privy to. The council started our process yesterday, and I don’t, frankly, feel bound by any concession the Durkan Administration made. We’re going to look at this from top to bottom.”

criminal justice, King County, Police

County Proposal Would Expand Right to Counsel Before Warrantless Searches

King County CouncilBy Erica C. Barnett

The King County Council is considering draft legislation that would give adults the right to consult with a defense attorney before being searched by officers with the King County Sheriff’s Office, a right the county and the city of Seattle extended to youth in 2020, and that state legislators expanded statewide last year.

King County Councilmember Reagan Dunn, a Republican who’s running for Congress in the 8th Congressional District, claimed in a letter to King County Department of Public Defense director Anita Khandelwal  release that the draft bill would “tie the hands” of police, “take away hundreds of hours of deputy time,” and “harm public safety and ultimately cost lives.”

“If police are required to call a defense attorney every time they talk to a subject, criminal investigation would grind to a halt,” Dunn’s letter says.

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The bill, which is still in draft form (and has changed since Dunn wrote his letter), would require officers seeking a person’s consent for a search to provide access to a defense attorney before searching them or their belongings. The new requirement wouldn’t apply when police have a warrant; when police have a “reasonable suspicion” that the person has committed or is about to commit a crime; or when police have reason to believe delaying a search would result in a loss of evidence or harm to the public or police, among several other exemptions. A person could also decline a search outright and walk away without consulting with a defense attorney.

Anita Khandelwal, director of the King County Department of Public Defense, says the proposed legislation would help ensure that people understand their constitutional rights when an officer is asking them to waive those rights. “Studies show that most adults, regardless of race, aren’t aware that they have the right to refuse a search, do not feel free to refuse police requests to search, and frequently ‘interpret questions or suggestions as orders when they come from a person of authority.'”

In Seattle, Khandelwal said, Black people are stopped five times as often as white people, and Native Americans are stopped nine times more frequently.

Councilmember Girmay Zahilay, the head of the council’s law and justice committee, is the most likely sponsor for the legislation. On Thursday, he said he was still considering whether to sponsor the bill, and criticized Dunn for releasing an early draft that had been circulating among council members in a letter that incorrectly implied that it was “leaked.”

“If he had just asked the public defender to share it with him, they would have,” Zahilay said. “It’s not some secret conspiracy.”

The intent behind the bill, Zahilay continued, is to address the imbalance of power and information between officers and people who may not understand that they have the right to say no to being searched, or who may be intimidated by police. “People already have the right to consent or decline a search, and this gives them an added level of protection of being able to talk to a public defender,” Zahilay said. The law providing young people the right to speak to an attorney has been in place for more than a year, Zahilay added, and council members “haven’t heard of any complaints or issues” about the law creating an undue burden on officers.

County Councilmember Claudia Balducci, the former head of King County’s Department of Adult and Juvenile Detention, noted that the county is currently searching for a new sheriff, and is considering the recommendations of an advisory committee to improve public safety across the county.”I would rather us have a bigger plan that looks at all sides of the issue before we start making big changes, and I’d rather have the new sheriff on board,” Balducci said, but if the legislation is introduced, “I will honor that process. … I wouldn’t say I won’t consider this until we have a bigger plan in place.”

criminal justice, Density, Elections, housing, King County, Morning Fizz

Poll Tests Messaging on Pro-Density Bill, Dunn Blasts Program He Voted For, Seattle Nice Debates Eviction Ban

1. Supporters of a bill that would legalize small multifamily buildings in residential areas across the state were testing messages for and against the legislation in a telephone poll last weekend.

The bill would eliminate the kind of exclusionary zoning that has preserved three-quarters of Seattle’s residential land exclusively for detached single-family houses, allowing very modest density (between two and six units, depending on proximity to housing and employment centers) in residential areas.

Although the bill is complex, selling it politically will boil down to messaging, which is where polls come in. This one tests how a number of positive messages impact a respondent’s support for the bill, including:

– Bans on homes like duplexes and triplexes make it more difficult for people of color to live in high-opportunity neighborhoods;

– Making more home types available and affordable helps protect our climate and prevent sprawl;

– The housing crisis spans municipal borders, which is why we need statewide solutions.

The poll also tests a number of messages opponents may use against the bill to see which ones are most convincing, such as:

– Traffic here is already terrible. It is impossible to live without a car here. This plan for massive new development will put more cars on the road and some units will not have to have off street parking. Our region is already growing too fast. Let’s not make it worse.

-We need to preserve the character of local neighborhoods. This is blanket fix that eliminates local control of development. It’s a one-size-fits-all mandate, even where new housing does not fit local character and the infrastructure isn’t there. Middle-income housing should not be burdened with fixing the housing crisis.

– This bill will accelerate and increase gentrification. too many working people, especially people of color, have already been forced to move and the solution should be rent control. This is another attempt by politicians in Olympia to line the pockets of wealthy property owners.

Although voters won’t get a direct say on HB 1782 or other legislation aimed at increasing access to affordable housing, a successful messaging campaign could put pressure on wavering density supporters to solidify or back off on their support for pro-housing bills. As happened last year, density opponents are already rolling out competing bills that are riddled with loopholes and designed to preserve the single-family status quo.

Although Dunn voted to fund Restorative Community Pathways’ $5 million budget at the end of 2020, he told PubliCola it turned out to be a bait-and-switch

2. King County Councilmember Reagan Dunn introduced a motion on Tuesday to pause a new juvenile diversion program, arguing that the program softens the consequences for crimes he considers too serious for diversion.

In a press release, Dunn cited similar complaints from the mayors of Kent, Auburn, Federal Way and Renton, who said the program could exacerbate the recent uptick in gun violence.

Dunn is challenging Democrat Kim Schrier to represent Washington’s 8th congressional district—a historically Republican seat. His criticism of Restorative Community Pathways is the latest in a series of high-profile provocations that position Dunn as a law-and-order stalwart on the council; he also led the charge to condemn City Hall Park, adjacent to the King County Courthouse in downtown Seattle, as a public safety hazard.

Federal Way Mayor Jim Ferrell, the only other person quoted in Dunn’s press release, is campaigning to replace outgoing King County Prosecutor Dan Satterberg, also on a law-and-order platform.

Restorative Community Pathways, launched at the end of 2021, relies on nine nonprofits—including well-known organizations like East African Community Services—to provide counseling and supportive services to young people charged with low-level crimes, ranging from car thefts to some assaults. Most of the roughly 70 people referred to the program so far were arrested for misdemeanors, but the program is also open to young people charged with felonies. Continue reading “Poll Tests Messaging on Pro-Density Bill, Dunn Blasts Program He Voted For, Seattle Nice Debates Eviction Ban” →

City Council, Courts, Crime, homelessness, King County, Parks

Business, County Leaders Say Land Trade Won’t Fix Problems Around Downtown Park

By Erica C. Barnett

The area around City Hall Park in downtown Seattle—a rough rectangle of rare urban green space located across an alley from the King County Courthouse on Third Avenue—has never been a shiny tourist destination. Located at the heart of one of the city's most historic districts, Pioneer Square, the area is also home to many of the city's homeless shelters and day centers, the King County Jail, several bus stops, and, of course, the courthouse itself. The city-owned park—for decades, a place for people who are homeless, marginally housed, or low-income to hang out—became the site of a homeless encampment that grew larger and more chaotic as the city of Seattle swept unsheltered people from other parts of downtown.

Periodically, judges at the courthouse have led the charge to implement new security measures in the area, arguing that the presence of so many visibly poor people and people involved in the criminal justice system presents a danger to innocent passersby and non-criminal courthouse users. A Seattle Times story from 2005, for example, began with a litany of the kind of people who use the courthouse: "Rapists, murderers, drug addicts and wife beaters." (As that same Seattle Times story noted, the park was known as "Muscatel Meadows" as far back as the 1960s).

More recently, an attempted sexual assault inside the courthouse itself prompted a work-from-home order and demands from King County Superior Court judges to shut down the park, which had become the site of a large, often chaotic encampment that grew dramatically as unsheltered people were swept there from other parts of downtown Seattle.

"If you address issues on one block, they're going to be across the street—literally. We’ve already funded additional sheriff's patrols to have our own sheriff’s deputies in the park and around the block, and that hasn’t solved it. It’s going to require a much bigger solution the neighborhood, not acquiring one park."

This past August, the judges got their wish: The park is now walled off by a high chain-link fence, accessible to no one. Earlier this month, the King County Council voted 7-2 to take it over, arguing that they could succeed where the city "failed" to keep the park safe and clear of encampments. If the Seattle City Council adopts similar legislation next year, the city will hand the park over to King County in exchange for several county-owned properties, and the county will get the final say over what becomes of the space. Mayor Jenny Durkan and King County Executive Dow Constantine announced the swap last month.

Joe McDermott, one of two county council members who voted against the land transfer (the other was South King County council member Girmay Zahilay), says his colleagues are misguided if they believe a county takeover will solve the decades-old issues in and around the park.

"It’s a false sense of security," McDermott said. "If you address issues on one block, they're going to be across the street—literally. We’ve already funded additional sheriff's patrols to have our own sheriff’s deputies in the park and around the block, and that hasn’t solved it. It’s going to require a much bigger solution the neighborhood, not acquiring one park."  

"The park has been closed since August. People still need to go outdoors. They can't jump in Uber and go to one of the larger parks around the city. This is their public space."—Lisa Howard, Alliance for Pioneer Square

While the county could decide to retain the park's use as a park, the legislation also leaves open the possibility of turning it into part of the larger "civic campus" that includes the county jail, the courthouse, and the King County Administration Building, depriving hundreds of people who live in and around the area of the only piece of urban green space in the neighborhood. Some council members, including East King County representative Reagan Dunn, have even suggested—in McDermott's view, fantastically—reorienting the courthouse to the south and "restoring" its original entrance on Jefferson Street.

Lisa Howard, executive director of the Alliance for Pioneer Square, said shutting down the park will deprive hundreds of low-income neighborhood residents of access to green space. "In the two blocks surrounding the park, there are 600 extremely low-income units, and in the next six to eight months, there will be 760, and most of those individuals are very low-income, high-needs individuals who need access to outdoor space," she said. "The park has been closed since August. People still need to go outdoors. They can't jump in Uber and go to one of the larger parks around the city. This is their public space."

The Downtown Seattle Association, which represents downtown businesses and has worked to activate a number of downtown parks, including nearby Occidental Square, also opposes closing down what DSA director Jon Scholes calls "precious" and irreplaceable public space downtown. "We've been ineffective at creating a space that is welcoming to all and delivering on its intended use," Scholes said, but closing the park permanently would be "a big mistake. We could have done that 10 years ago in Westlake Park too, and put in all kinds of uses and buildings and structures that were not consistent with the regional vision for [Westlake] as a publicly accessible park, but we didn't." Continue reading "Business, County Leaders Say Land Trade Won’t Fix Problems Around Downtown Park" →

homelessness, King County, Morning Fizz

Homeless Authority Won’t Extend Hotel Shelter Contracts; County Won’t Adopt Republican Sweeps Policy

1. The King County Regional Homelessness Authority informed the Low Income Housing Institute this week that it will not extend its lease on the downtown Executive Pacific Hotel past January, ending a program launched by Mayor Jenny Durkan that was supposed to swiftly move hundreds of people from unsheltered homelessness into permanent housing using a combination of new permanent supportive housing and “rapid rehousing” rent subsidies for market-rate apartments. The city has used the hotel as a primary receiving site for people displaced from encampments because of sweeps, which are now performed by the Parks Department.

In a letter to the KCRHA’s implementation board, which includes elected officials from across the county, KCRHA CEO Marc Dones wrote, “Key factors [in the decision] include that each current guest has an exit plan, the lease costs requested by one of the hotels has significantly increased, and one of the service providers”—the Chief Seattle Club, which operates a shelter at King’s Inn in Belltown—”stated a desire to close on schedule.”

As recently as a month ago, the authority said that it wanted to keep the hotels open after their current contracts with the city expire, potentially using $6 million in unspent rapid rehousing funds to cover the expense.

Now, the authority may use that same money to “prevent closures and loss of beds in several of our existing permanent shelter facilities,” according to the letter to the implementation board. The authority is currently running a survey of providers to find out how much money they need to make up their 2022 funding gaps and the number of shelter beds that are at risk if they don’t get additional funding.

LIHI executive director Sharon Lee said she was “shocked” to find out that the homelessness authority will not extend the hotel’s lease, adding that LIHI doesn’t know where the 126 people still living at the Executive Pacific will go.

“We have quite a number of people in the hotel who are very interested in moving into tiny houses” in LIHI’s tiny house villages, Lee said but many of those spots have already been claimed by the city’s HOPE Team, which offers shelter placements to people in encampments the city is about to sweep. LIHI recently opened two new tiny house villages—Rosie’s Place in the University District and Friendship Heights in North Seattle—and expanded an existing village in Interbay.

LIHI received 93 federal emergency housing vouchers through the federal American Rescue Plan. Allocating the vouchers could open some spaces in existing villages and shelter programs, but it’s unlikely that enough beds will open up to shelter all 126 current hotel residents.

The hotel-based shelter program was based on the assumption that it would be a fairly simple matter to move people from unsheltered homelessness to market-rate housing in a matter of weeks or months. But as PubliCola noted when the city adopted this plan, rapid rehousing subsidies work best for people in good physical and mental health who just need some temporary financial assistance to get back on their feet. By using the hotels as receiving sites for sweeps, the city engineered failure right into its plan.

Currently, Lee said, just 11 of the people living at the hotel are “enrolled” in rapid rehousing, which simply means they have started the process to qualify for a subsidy.

Lee estimates that LIHI will have to move about 24 people out of the hotel every week between now and the end of January to have everyone out by the end of the lease. “The concern I have is that the end of January  is the coldest part of winter and we have two major holidays between now and then,” Lee said.

2. King County Council member Reagan Dunn, who recently announced he is running against Democratic Congresswoman Kim Schrier (D-8), tried unsuccessfully to pass a motion (similar to a city council resolution) directing County Executive Dow Constantine to adopt a plan that would make it easier for the county to remove encampments in unincorporated parts of King County. (Dunn’s mother, the late Jennifer Dunn, represented the Eighth Congressional District until 2005; in 2019, Schrier became the first Democrat to represent the district.)

Because the committee where Dunn introduced his motion is made up of two Democrats (sure votes against the proposal) and two Republicans (Dunn and Kathy Lambert, who recently lost her reelection bid), the vote was a foregone conclusion. However, it did give Dunn and Lambert an opportunity to issue a scathing (and, for Dunn, politically beneficial) press release “slamming” their Democratic colleagues, Girmay Zahilay and Joe McDermott, for “refus[ing] to even engage in a conversation about how to provide housing and support services to people currently living in County parks or other County-owned property.”

In fact, the legislation was silent on the question of housing and support services. Instead, it would have represented a first step toward banning encampments on public land in unincorporated King County and empowering county officials to sweep encampments for a broad array of reasons, including the presence of human waste, lack of running water, and criminal activity.

Noting that King County plans to eventually house as many as 1,600 people through the Health Through Housing sales tax, Dunn said, “I don’t think it’s unreasonable to expect now that there has been such an investment in these services that these open spaces begin to be cleared. … If there is help available, King County should have expectations that people utilize that help and they should be prepared to remove encampments that are a public nuisance and a danger.”

The last annual count of King County’s homeless population, in 2020, found about 5,600 people living unsheltered across the county. The point-in-time count, which King County will forgo for a second consecutive year in 2022, is widely considered an undercount.

—Erica C. Barnett

Elections, King County, race

Lambert Removed from Leadership Roles After Racist Mailer; Tried to Get Issaquah Voters Removed from Her District

By Erica C. Barnett

The King County Council voted today to remove Kathy Lambert, the East King County Republican facing a difficult reelection battle this year, from all of her leadership roles on council committees.

Earlier this month, as first reported on Twitter by PubliCola, Lambert sent a mailer to voters portraying her opponent, Sarah Perry, as a “socialist…anti-police puppet” being manipulated by the likes of Bernie Sanders, Seattle City Councilmember Kshama Sawant, Vice President Kamala Harris, and her South King County council colleague Girmay Zahilay. The message to white voters—if you elect Perry over Lambert, scary Black and brown leftists (and one Jew) will impose their agenda on your communities—was barely subtext.

The motion, sponsored by council chair Claudia Balducci, who represents Bellevue, said that Lambert’s mailer had “adversely impacted the ability of the council to conduct its business efficiently and effectively.” A related ordinance eliminated the health and human services committee, which Lambert chaired, and combined its duties with that of the law and justice committee, chaired by Zahilay.

“People know Seattle’s not going in the right direction, and they don’t want this to spread to their communities. … I don’t believe that one insensitive item should take away a person’s reputation.”—King County Councilmember Kathy Lambert

In a statement after the vote, Balducci said Lambert’s “mailer and subsequent statements have undermined our ability to work with each other, our staff’s confidence in us as leaders, and our reputation and relationships with outside organizations and agencies. Based on those impacts, it was imperative that we take concrete action quickly.”

Before the vote, the council’s Employment and Administration Committee, which includes all nine council members, held a lengthy executive session to discuss a “Personnel Matter related to Council’s Policies and Procedures Against Harassment and Discrimination. Balducci confirmed in her statement that the council is considering an investigation into whether Lambert’s mailer violated the council’s anti-harassment policy.

Both the motion and the ordinance passed unanimously, but not before Lambert gave a self-pitying, unapologetic speech that minimized the harm the mailer had caused and accused her colleagues of ulterior motives.

The council’s decision to remove her from leadership roles, Lambert said, was “clearly not about race, but about political opportunity to damage my reelection campaign.” Calling the mailer merely “one lapse in judgment” in decades on the council, Lambert accused her colleagues of trying to push “Seattle-centric ideas” by empowering Zahilay to oversee health and human services as part of his committee.

“The people in this county are worried about public safety, crime and response times due to political decisions, people are smart. They see the data and the needs. People know Seattle’s not going in the right direction, and they don’t want this to spread to their communities.”

“I am not going to allow one poorly depicted picture to find who I am,” Lambert said. After the vote, she added, “I don’t believe, as I said earlier, that one insensitive item should take away a person’s reputation, and I hope that for everybody who’s in politics, that you do understand what’s going on.”

Of course, what happens to a politician’s reputation as the result of their own actions is largely out of their control; voters will decide in November whether to reelect a conservative Republican who opposes harm reduction, has floated conspiracy theories about “shredded ballots,” supports anti-choice “crisis pregnancy centers,” and has expressed anti-labor and pro-Trump views, and also sent out a racist mailer. Lambert was on her heels long before the latest controversy, for one simple reason: Her district is changing, as more people move to Issaquah and dilute the power of the white, conservative, rural areas that reliably vote for Republicans.

In late September, Lambert wrote a letter to the chair of the King County Districting Committee, which is in charge of redrawing the lines for county council districts every 10 years in response to demographic shifts, asking that the city of Issaquah be removed from her district, and that the commission shift her district’s boundaries to include more of the rural Sammamish Valley. She added that if the commission needed to move more voters out of her district, they could take some of Redmond as well. Continue reading “Lambert Removed from Leadership Roles After Racist Mailer; Tried to Get Issaquah Voters Removed from Her District” →

King County, Police

Calls for King County Sheriff Resignation Expand Beyond County Council

Sheriff JohanknechtBy Paul Kiefer

County and state lawmakers continue to join the chorus calling for King County Sheriff Mitzi Johanknecht to resign for comments she made in a department-wide email about the killing of 20-year-old Tommy Le by a sheriff’s deputy in Burien in 2017. On Thursday, state senator Joe Nguyen (D-34, West Seattle) became the latest elected official to add his voice, joining three county council members.

Johanknecht sent the email at the heart of lawmakers’ criticisms only hours after a March 24 press conference at which Le’s family announced a $5 million settlement with King County for their son’s death. The email’s contents were first reported by the South Seattle Emerald.

In the department-wide email, Johanknecht shared her “appreciation of the difficulty” of Deputy Cesar Molina’s decision to shoot and kill Le, who was unarmed. Johanknecht also wrote that the county’s settlement with Le’s family—which implied some admission of wrongdoing by her department—was “not a reflection of how [Johanknecht] view[s] the actions of Deputy Molina in this incident.”

In a statement on March 26, King County Councilmember Joe McDermott said that the sheriff’s email “was, in the most charitable light one might muster, disrespectful to the young person who was killed, to his family and our entire community.”

Both Le’s shooting and the internal investigation into his death have sparked scrutiny by police accountability advocates and lawmakers. A critical review of the investigation by the county’s Office of Law Enforcement Oversight in September 2020 identified an array of flaws in the internal review into Le’s death, which an internal review board determined to be justified in 2018. Those flaws included the internal investigators’ failure to note that two of the six shots that Molina fired hit Le in the back, contradicting Molina’s assertion that he fired at Le in self-defense. Though Johanknecht was not sheriff at the time of Le’s death, she assumed leadership of the department during the investigation into the incident.

The publication of Johanknecht’s email spurred King County Councilmember Joe McDermott to join Le’s family in calling for the sheriff’s resignation; in a statement on March 26, McDermott said that the email “was, in the most charitable light one might muster, disrespectful to the young person who was killed, to his family and our entire community.”

Johanknecht maintains that she has no plans to resign, but as the county’s transition from an elected sheriff to an appointed sheriff in 2022 looms on the horizon, her future with the department may be limited.

McDermott’s call for Johanknecht’s resignation was preceded by that of County Councilmember Dave Upthegrove, who quietly expressed his opposition to Johanknecht in a March 12 Facebook post in which he shared his support for relatives of Black victims of police shootings in King County and called for Johanknecht to step down for “her failure to treat racism with the seriousness it requires.”

On Wednesday, Councilmember Girmay Zahilay became the third council member to call for Johanknecht’s resignation. In a series of tweets, Zahilay wrote that a sheriff’s comments were evidence that she presents a barrier to police accountability and “do not reflect the values we need in that office.” Sen. Nguyen, who voiced his support for Johanknecht’s resignation on Twitter a day later, called the email “dehumanizing, disrespectful [and] dismissive.” Continue reading “Calls for King County Sheriff Resignation Expand Beyond County Council” →