Tag: King County Sheriff’s Office

Council Funds Police Hiring Compromise, More Delays In Store for Civilian 911 Response, and Sheriff Questions Impact of Hiring Bonuses

1. It’s easy to forget, after the charged backlash election of 2021, that there was a time when the city seemed ready to rapidly replace some police officers with civilian first responders, particularly for low-level crisis calls that are often made far more dangerous by the presence of cops with guns. Since 2020, when protests against police violence galvanized Seattle officials to make pledges to reduce the size of the police force, the city has taken a hard turn toward the rhetoric and policies of an earlier era, one characterized by ever-expanding police budgets and support for law-and-order policies

On Tuesday, the city council’s public safety committee voted to release $1.15 million in unspent funds from the police department’s 2022 budget to help address a level of attrition on the force that several council members described as a crisis. The legislation was a compromise between two proposals by committee chair Lisa Herbold and Councilmember Sara Nelson, who has argued that hiring bonuses (and police spending generally) will help keep Seattle residents safe.

Nelson, who had tried to introduce an ordinance releasing all the money SPD won’t spend this year (about $4.5 million) because the council provided more money for new hires than SPD can spend, said “people are dying” because there aren’t enough police, adding that “our community gatherings” are also “at stake” if the city doesn’t hire more officers quickly.

The compromise measure the council adopted will pay for a new SPD recruiter, relocation expenses for officers moving from elsewhere, an ad campaign to recruit new officers, and a national search for a permanent police chief. Only council budget chair Teresa Mosqueda voted against the plan, arguing that there are other actions the city could take to improve public safety besides a recruitment campaign for police, such as funding shelter and behavioral health services.

2. Mosqueda and most of the current council (though not Nelson) were around in 2020 when the council began discussing ways to replace police with civilian responders for some 911 calls, such as calls about people passed out in public or those experiencing certain kinds of health emergencies. Although the Seattle Fire Department has two Health One units to respond to some medical crisis calls, another response unit called Triage One never got off the ground, thanks in part to a dispute with the firefighters’ union over civilianizing a body of work that has been the job of firefighters.

On Tuesday, SPD data crunchers and Mayor Bruce Harrell’s public safety advisor, Andrew Myerberg, gave the public safety committee an update on the halting progress toward launching an initial pilot program to send civilian responders to certain kinds of calls. Very quickly, though, it became clear that the police department believes that the data the city previously based its support for civilian response—a report by the National Institute for Criminal Justice Reform, which found that at least 12 percent of all 911 calls could be transferred to civilian responders right away—is misleading and unreliable.

“Whenever we have a presentation like this, it’s like we have no conception of how a major us city can respond to calls differently, but we have a major US city”—Denver, whose STAR team responds to thousands of crisis calls—”and they’ve been responding to these calls for two years.” —City Councilmember Andrew Lewis

“We don’t believe that was a responsible analysis, and they did not taken into account many of the variables that are critically important to safely answer these calls,” SPD chief operating officer Brian Maxey said. In particular, Maxey and SPD senior research scientist Loren Atherley took issue with the fact that the numbers in the NICJR report (called “Nick, Jr.” for short) didn’t include data about how various call types turned out—for example, whether a call for what seemed like a low-acuity health issue resulted in violence.

The SPD researchers said that before the city can move forward with any kind of pilot program, they need to spend months analyzing actual call data and running it through a complex matrix to determine how risky each call type is in practice; then, and only then, will it be safe for SPD to consider letting people other than armed officers respond to some calls. As an example, Atherley said, the NICJR report only identified 300 types of calls; SPD’s analysis, in contrast, shows that the 400,000 or so 911 calls each year break down into 41,900 different categories. “Policing … has been attempting to find an avenue towards a differential response since the late 1950s,” Atherley noted.

Councilmember Andrew Lewis, who since 2020 has been promoting Eugene, Oregon’s CAHOOTS mobile crisis intervention model as something Seattle could try to emulate, asked why the city couldn’t look at other cities that have already moved toward alternative 911 response models and try to learn from them. “Whenever we have a presentation like this, it’s like we have no conception of how a major us city can respond to calls differently, but we have a major US city”—Denver, whose STAR team responds to thousands of crisis calls—”and they’ve been responding to these calls for two years,” Lewis said.

After the meeting, Lewis said he was encouraged that Myerberg, from the mayor’s office, seemed open to a future pilot program that could launch before SPD finishes its data analysis. “One important point Myerberg made was that we’re not going to necessarily have the cadence of this work be based on the police department” and its schedule, Lewis said.

However, Seattle Police Officers Guild president Mike Solan told Q13 FOX this week that he believes any change that would allow non-police officers to respond to 911 calls would be a subject for mandatory bargaining in the new police contract. SPOG is reportedly already playing hardball about other issues in the contract, including any changes that would subject the police to greater oversight.

3. At a King County Council committee meeting Tuesday, King County sheriff nominee Patti Cole-Tindall noted that the sheriff’s office had provided hiring bonuses to 20 new deputies, including four lateral hires, since the beginning of 2022—not nearly enough to outpace the 47 commissioned officers who left involuntarily or resigned after deciding not to get vaccinated against COVID-19. Overall, 98 sheriff’s deputies and professional staff applied for exemptions from the vaccine mandate; most (81) were requests for religious exemptions.

Council member Reagan Dunn, who opposed the vaccine mandate, asked whether the county should do more to fund more bonuses and incentives for new officers. “In terms of the recruiting,” Cole-Tindall responded, “our signing bonus is great, but we know that Everett and Kent offer $30,000. I’m not convinced that that’s what has somebody coming to an agency. I think it’s more about the culture. It’s more about the opportunity. “

Downtown Seattle Could Get Storefront Police Precinct, Finalist for Sheriff Would Have to Go Back to Police Academy if Appointed

1. The Seattle Police Department could open a “mini precinct” in a storefront owned by the Low Income Housing Institute on Third Avenue downtown, and is also considering a second location at LIHI’s Frye Apartments in Pioneer Square, Mayor Bruce Harrell’s office and LIHI director Sharon Lee confirmed.

The Third Avenue storefront, a short-lived Shake n Shake location, is on the ground floor of LIHI’s Glen Hotel Apartments, a single-room occupancy low-income housing building. Before the pandemic, the block was home to a Kress IGA grocery store and a TJ Maxx discount store, but both shut down in 2020, leaving most of the block without a tenant to attract foot traffic. The site is one block from Third and Pine, a locus of the recent crackdown on street-level crime known as Operation New Day. According to Lee, the “illegal market activity” has gotten worse since police swept Third and Pine, as drug dealers and people selling shoplifted items moved to nearby locations.

Lee said people have broken in to the apartment building and slept, urinated, and defecated in the hallways and stairwells. “The residents upstairs are scared to come out at night; they’re scared to walk around the neighborhood,” Lee said. “So we decided to offer the city the use of the space as a place where community service officers or bike officers can use it to park their bikes, take a restroom break, write up reports, and keep an eye on the street.”

LIHI would provide the space to SPD at a “nominal” cost, Lee said.

The Frye Apartments, located across the street from Prefontaine Fountain and fenced-off City Hall Park, used to have a mini-precinct on the first floor, Lee said, but the space was occupied until recently by Aladdin Bail Bonds.

A spokesman for Harrell, Jamie Housen, said the mayor’s office “is in early stages of considering what a neighborhood precinct could look like. We are continuing to explore all options for enhancing public safety downtown, including a more permanent police presence.” The two LIHI buildings “have been offered as potential options, but are by no means the only locations being considered,” Housen said.
A spokesman for the Downtown Seattle Association said the DSA would welcome a permanent police presence downtown.“As we’ve seen over the past month, dedicated resources along Third Avenue have led to a safer, more welcoming environment. Sustaining this effort is essential for the people who live and work along Third, and it’s critical as more workers and visitors return to the heart of the city. … If a mini-precinct is an element that will help enhance safety, then it should be welcomed,” the spokesman said.

2. Interim King County Sheriff Patti Cole-Tindall, one of three finalists for the permanent sheriff position, would have to attend the state’s 19-week-long police academy and be certified by the state Criminal Justice Training Commission if she’s selected and confirmed as sheriff; during that time, an undersheriff chosen by Cole-Tindall would serve as sheriff, King County Executive Dow Constantine’s office confirmed.

Cole-Tindall, 57, mentioned the requirement during an interview with members of the press on Tuesday. Although Cole-Tindall attended the state’s Basic Law Enforcement Academy decades ago and is a commissioned officer, she spent most of her career outside of law enforcement, working as an investigator for the state Employment Security Division and the county’s labor relations director before joining the sheriff’s office as head of the Technical Services Division, which oversees a miscellany of operations, including courthouse security, the automated fingerprint ID system, and the county’s 911 system.

“[When] I went through [the police academy] 30 years ago, I was 30 years younger,” Cole-Tindall said. “And it’s a lot… It’s doing firearms, Taser, traffic stops—things that, as a police administrator, are not things I would be using on my day to day job.” Cole-Tindall said she would also have to pass a physical assessment test that includes “pushups, sit-ups, and squat thrusts” before entering the academy.

A spokesman for King County Executive Dow Constantine said that when the county has a permanent sheriff but the sheriff is unavailable, an undersheriff assumes the job. Although Cole-Tindall appointed Jesse Anderson as interim undersheriff when she became interim sheriff earlier this year, she could appoint a different undersheriff if she becomes permanent sheriff, and that person would then serve as sheriff in her absence.

Constantine will nominate a permanent sheriff in early May. The other finalists are Maj. Reginald Moorman from the Atlanta Police Department and Killeen, Texas police chief Charles Kimble.

Sheriff Finalists Announced; Sound Transit Moves to Reinstate Fare Enforcement, but Staffing Challenges Remain

1. King County Executive Dow Constantine announced three finalists for King County sheriff on Thursday: Charles Kimble, chief of the Killeen, Texas Police Department; Reginald Moorman, a major in the Atlanta Police Department; and King County’s current interim sheriff, Patti Cole-Tindall.

The next sheriff will be the first to be appointed to the office by the county executive since 1996, when voters made the sheriff an elected position. County voters passed a charter amendment reversing that decision in 2020, making the sheriff’s office an appointed position once again—a move supported by many police accountability advocates, who criticized former sheriff Mitzi Johanknecht for her handling of multiple high-profile shootings by sheriff’s deputies. Johanknecht didn’t seek the appointment.

Before joining the sheriff’s office in 2015, Cole-Tindall served as the director of the county’s labor relations unit and as interim director of the Office of Law Enforcement Oversight, an independent agency that investigates misconduct and systemic problems in the sheriff’s office. A graduate of Central Washington University, Cole-Tindall began her career in law enforcement as a special agent with the Washington State Gambling Commission in 1991.

Reginald Moorman joined the Atlanta Police Department as a beat officer in 2001; he later served as the deputy director of a regional drug enforcement task force and as the commander of the department’s community-oriented policing, major crimes and airport security sections. Moorman is currently a precinct commander and adjunct professor in the criminal justice department at his alma mater, Georgia State University.

Charles Kimble spent most of his 25 years in law enforcement in North Carolina, including as the deputy police chief in Fayetteville and as the police chief in the smaller town of Spring Lake, both adjacent to Fort Bragg. He took over as police chief in Killeen, a small city near Fort Hood, in 2017; three years later, his department faced a lawsuit after Killeen police officers shot and killed a man while serving a no-knock warrant. Kimble is a US Army veteran and holds a bachelor’s degree in criminal justice from Liberty University, a Christian university in Virginia founded by evangelist Jerry Falwell Sr.

In the final stage of the selection process, the three finalists will meet with community, labor and municipal representatives from King County and take part in a series of public forums. Constantine plans to make a decision by early May, after which the King County Council will begin the confirmation process; the next permanent sheriff will likely take office by this summer.

2. The Sound Transit board’s executive committee approved a new fare enforcement policy on Thursday that brings back fines, court involvement, and the possibility of collections for riders who fail to pay fines for nonpayment. The policy still has to be adopted by the full Sound Transit board; as we reported Wednesday, board member Joe McDermott, a King County Council member, plans to introduce amendments that would take fare nonpayment out of the court system and would remove the possibility of collections.

Board members voted unanimously for the changes, which come after more than two years of debate over how to balance the need to collect fares (which currently fund about 5 percent of Sound Transit’s budget) with pressure to eliminate punitive policies that disproportionately target Black riders. During the pandemic, Sound Transit has experimented with various approaches, ranging from traditional fare enforcement to a pilot “fare ambassador” program in which non-uniformed staffers checked fares and provided information about low-income transit pass options, but did not issue tickets. Currently, according to a Sound Transit staff presentation, about 40 percent of riders do not pay the required fare.

Before voting for the changes, several board members expressed their opinion that the new fare policy—which provides several opportunities to resolve unpaid fares before fining riders, and eliminates the option of trespassing riders from the system—doesn’t go far enough to punish riders who fail to pay.

“When we’re thinking about equity, I also think about the equity of who’s paying for this system,” said board member (and Everett Mayor) Cassie Franklin. “Riders do need to pay for the system they’re using, because we have a lot of non-riders paying for the system right now. And I think that I fear that compliance will get worse, not better, with this current policy.” Franklin said she would like to change the policy in the future to start fining riders immediately after a second warning, rather than allowing them to avoid fines with alternatives like loading money onto a transit pass or attending a Sound Transit focus group.

Board member (and Pierce County Executive) Bruce Dammeier, who recently called Sound Transit trains “unsanitary and unsafe” and said he would not ride them, called the new policy “a little soft” on nonpaying riders, and said he would like to revisit the policy in six months “to determine what’s worked and what has not.”

3. In a separate meeting Thursday, Sound Transit’s Rider Experience and Operations Committee voted to continue the “fare ambassador” program and expand the fare ambassadors’ role to include fare enforcement, which the agency has renamed “fare compliance.” The proposal the committee adopted adds $1.3 million to the transit agency’s 2022 budget to hire up to 56 fare ambassadors this year.

That number could be optimistic. Sound Transit has struggled to hire fare ambassadors throughout the pilot period, which began in mid-September of last year. According to a Sound Transit spokesman, the agency had hoped to begin the program with 26 ambassadors , “but only 23 stayed on when we launched,”and the number of ambassadors “started declining from there.” Currently, there are 14 fare ambassadors, including supervisors, and 12 vacant positions.

According to a staff presentation at Thursday’s meeting, at current staffing levels, riders encounter a fare ambassador about 3 percent of the time; if the program was fully staffed, riders could expect to have their fare checked on one out of every three trips, the staffer said.

—Paul Kiefer, Erica C. Barnett

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.

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.”

As Fewer Sexual Assault Cases Go To Court, More Survivors Seek Help

Sexual assault referrals to prosecutors from King County police departments have declined since the start of the pandemic (Source: King County Prosecutor’s Office)

By Paul Kiefer

The King County Sexual Assault Resource Center (KCSARC) connected more people to therapy, legal support and other services in 2021 than at any other point in the past five years, even as law enforcement agencies referred fewer sexual assault cases to the King County Prosecutor’s Office.

In 2021, the prosecutor’s special assault unit, which handles sexual assaults and child abuse, filed 485 charges; about 85 percent of those charges were for sex crimes. In the same year, more than 5,000 people sought help from KCSARC, compared to 4,905 in 2019. In the past five years, the number of people seeking support from KCSARC rose by 23 percent.

KCSARC Director Mary Ellen Stone says the mismatch points to a growing problem in King County’s law enforcement agencies, including the Seattle Police Department: With fewer detectives to investigate sexual assaults and a growing backlog of cases, police have left more cases on hold, or declined to investigate reported assaults, than at any other point in the past decade. For some victims, she said, the prospect of delays and dead ends is enough to dissuade them from reporting an assault. “Our system relies on people saying, ‘this happened to me, and I want to make sure it doesn’t happen again,'” she said. “We aren’t making people feel like that’s worthwhile.”

The drop in the number of sexual assault referrals began early in the pandemic, when police departments across the county began losing officers and focusing their resources on patrol instead of investigative units. Since the spring of 2020, the number of sexual assaults the Seattle Police Department’s referred to the prosecutor’s office fell by a quarter compared to the previous five-year average; the King County Sheriff’s Office’s average monthly referrals fell by roughly 20 percent.

Sergeant Jason Escobar heads the special assault unit, which investigates sex crimes and child abuse, at the King County Sheriff’s Office. He says his team of detectives has shrunk by nearly half since the start of the pandemic. As of this week, Escobar has only five detectives to investigate sexual assaults, and four vacant positions; he added that one of his detectives may soon leave because they haven’t complied with the department’s vaccination requirement.

“As it is, our remaining detectives are carrying heavier caseloads,” he said. “Even then, some of the reports we receive—if the victim isn’t a child, or if someone isn’t in immediate danger or in the hospital—we have to hold until we can find a chance to assign them. If someone reports an assault that happened months or years ago, we will still assign that case to a detective, but it’s not going to be right away.” Escobar assigned 30 fewer cases to his detectives in 2021 than in 2020, and his unit’s backlog of unassigned cases is growing.

Escobar said his unit would be able to investigate more cases if he could bring on more detectives. For now, the sheriff’s office isn’t letting him bring in new officers from patrol units because of the staffing shortage. But Escobar sees another hurdle on the horizon: as the King County Superior Court begins holding trials that the pandemic delayed, some of his detectives will need to split their time between giving testimony in court and working on investigations. The court currently has a backlog of more than 400 sexual assault cases; the average age of the victims of those cases is 16. Continue reading “As Fewer Sexual Assault Cases Go To Court, More Survivors Seek Help”

Afternoon Fizz: New Sheriff In Town, Council Adopts $7 Billion City Budget

1. Starting January 1, King County will a new interim sheriff: Patti Cole-Tindall, previously an undersheriff in the King County Sheriff’s Office, will assume the role until County Executive Dow Constantine appoints a permanent sheriff in mid-2022.

Last year, county voters approved a charter amendment that sets up a process for appointing, rather than electing, the King County sheriff. Tindall will be King County’s first appointed sheriff in more than two decades.

Before joining the sheriff’s office in 2015, Tindall served as both the director of the county’s labor relations unit and interim director of the Office of Law Enforcement Oversight, an independent agency that investigates misconduct and systemic problems in the sheriff’s office.

At a press conference Tuesday, Tindall said that she doesn’t plan to apply for the permanent sheriff or for permanent chief of the Seattle Police Department, the two most prominent law enforcement job openings in the county. “I see my value in this appointed process as being there to help the permanent sheriff be successful,” she said. The county council, with input from a panel of sheriff’s staff, community members and local government representatives, is still reviewing candidates to become the permanent sheriff.

Constantine also debuted his proposal to provide hiring and retention incentives for sworn sheriff’s officers, which county council budget chair Jeanne Kohl-Welles introduces as an emergency amendment to the county’s 2022 budget today. The proposal would provide $15,000 to officers who transfer from other departments, $7,500 to new hires, and a one-time $4,000 bonus to every officer in the department. Constantine argued that while the sheriff’s office, which has 60 vacant officer positions, isn’t currently struggling to meet demand, the incentives might help attract and retain officers as a growing number of officers reach retirement age.

King County Police Officers’ Guild (KCPOG) President Mike Mansanarez told reporters he supports the hiring and retention incentives. His counterpart at the Seattle Police Officers’ Guild, Mike Solan, voiced his skepticism about a similar hiring incentive program introduced by Seattle Mayor Jenny Durkan in October.

2. On Monday, the Seattle City Council approved a $7.1 billion 2022 city budget that provides new funding for the King County Regional Homelessness Authority, preserves the JumpStart payroll tax spending plan while restoring the city’s depleted reserves, and keeps Mayor Jenny Durkan’s proposed budget for the Seattle Police Department largely intact, shaving about $10 million off the mayor’s initial $365.4 million proposal.

As budget chair Teresa Mosqueda emphasized twice on Monday, the budget the council adopted doesn’t require SPD to lay off any officers, nor does it eliminate any officers’ salaries. Instead, the council saved $2.7 million by assuming SPD will lose more officers next year than Durkan’s budget projected—125, instead of 91—and moving their unspent salaries out of SPD’s budget. Continue reading “Afternoon Fizz: New Sheriff In Town, Council Adopts $7 Billion City Budget”

With Changes on the Horizon for the King County Sheriff’s Office, a New Police Oversight Director Looks for Opportunity

OLEO director Tamer Abouzeid
Tamer Abouzeid

By Paul Kiefer

Next January, a new, appointed King County sheriff will replace the elected incumbent, Mitzi Johanknecht,  just as the county’s contract with its largest police union expires.

For Tamer Abouzeid, the new director of the Office of Law Enforcement Oversight (OLEO)—the county’s independent police oversight agency—the changes are an opportunity for his office to expand its impact. “When someone comes in as an elected sheriff, they believe that they can do what they want because the people elected them,” Abouzeid said. “That’s not going to be true of the next person.”

OLEO’s two most recent permanent directors each served a single term, in part because of strained relationships with current and past sheriffs, who rarely adopted the policy changes OLEO recommended. Although King County voters passed a law in 2015 allowing OLEO to investigate uses of deadly force and misconduct complaints—transforming them from an advisory agency to an investigative one—the county’s 2020 contract with the King County Police Officers Guild defanged the new law by preventing the office from investigating misconduct allegations against union members.

The current union contract still limits OLEO to the mostly advisory role of reviewing the sheriff’s internal investigations after the fact and issuing policy recommendations. With its authority reduced, OLEO has struggled to make an impact: Of 16 sets of policy recommendations issued by OLEO since 2018, the sheriff’s office has taken no action on more than half, including a recommendation to extend the sheriff’s policy against discrimination to cover off-duty conduct.

OLEO can review the sheriff’s misconduct investigations and determine, or certify, that an investigation was thorough and objective; however, whether OLEO certifies an investigation has little practical impact. According to OLEO’s annual report, the office only declined to certify 12 investigations out of the 116 they reviewed, including five that included allegations of excessive force.

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King County Executive Dow Constantine and the county council will begin considering candidates for sheriff by the end of this year, and with or without a permanent replacement, Johanknecht leaves office by January. But Abouzeid says OLEO isn’t putting things on hold for the next three months. “We get a chance to put our business in order so that the next sheriff has a clear picture of what OLEO can do, what we’ve recommended, and what they would need to do to get our recommendations off the ground,” Abouzeid told PubliCola on Wednesday, one day after presenting OLEO’s annual report to the King County Council.

Those preparations, he said, will include getting a better sense of what data the sheriff’s office collects and prioritizing OLEO’s backlog of policy recommendations. Some of OLEO’s unimplemented recommendations include mandating in-car and body-worn video cameras, requiring undercover officers to receive specialized undercover training, and instructing officers that “speculative, generalized concerns about a subject escaping and harming innocent third parties is an insufficient basis for the application of deadly force.” Continue reading “With Changes on the Horizon for the King County Sheriff’s Office, a New Police Oversight Director Looks for Opportunity”

Oversight Group Recommends Policy Changes In Response to 2019 Shooting of Unarmed Man

Det

By Paul Kiefer

Concluding their investigation into a fatal 2019 shooting by King County Sheriff’s Office detectives, the Office of Law Enforcement Oversight (OLEO) sharply criticized the sheriff’s office for failing to learn from a string of similar shootings and outlined 23 policy and training recommendations to prevent similar incidents in the future.

The recommendations accompanied OLEO’s report on the killing of 36-year-old Anthony Chilchott by plainclothes detectives.

In November 2019, Detective George Alvarez and his partner, Detective Josh Lerum, were driving an unmarked car when they spotted 36-year-old Anthony Chilcott, who was wanted for stealing an SUV and a pet poodle, parked next to a power station in rural southeastern King County. Earlier that day, Chilcott had evaded a Washington State Patrol officer, and the detectives were under instructions not to confront him directly.

Without consulting with Lerum or waiting for backup, Alvarez decided to pull within inches of Chilcott’s driver-side door, sparking a confrontation that ended with both detectives shooting Chilcott, who was unarmed, in the head. Neither detective was wearing a sheriff’s uniform, and witnesses at a bus stop nearby told investigators that they didn’t initially realize that the pair that rammed the SUV and broke Chilcott’s window with a sledgehammer and the butts of their handguns were police officers.

Sheriff Mitzi Johanknecht fired Alvarez,for failing to follow basic de-escalation policies and for “extremely poor tactical and officer safety decisions” during the fatal confrontation near Enumclaw in November 2019. She reprimanded Lerum for failing to wear a protective vest and failing to identify himself as a police officer, but he remains on the force as a deputy.

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During a presentation before the King County Council on Tuesday, OLEO policy analyst Katy Kirschner said the sheriff’s office had failed to adopt adequate training and policies for plainclothes operations, and that these gaps contributed to Chilcott’s death. Kirschner also said the sheriff’s office hasn’t done enough to impress upon officers that “speculative or generalized fears” that a suspect could harm bystanders aren’t a justification for using force. “Top-down messaging is a key part of making these reforms work,” she said.

OLEO brought up similar points when it reviewed the fatal shooting of 17-year-old Mi’Chance Dunlap-Gittens by plainclothes sheriff’s deputies in 2017..

In their report, OLEO reiterated its longstanding recommendation that the sheriff’s office conduct in-person, recorded interviews with officers less than a day after a shooting or other serious incident. Currently, the King County Sheriff’s Office can only require officers to provide signed statements 48 hours after a serious incident; in the Chilcott case, Alvarez and Lerum didn’t provide statements until eight days after the shooting, and they weren’t interviewed until the sheriff’s office began an internal investigation eight months later.

“I don’t think I can overemphasize the importance of collecting statements from officers in a timely manner,” Kirschner said, adding that written statements are far less valuable than in-person interviews with an investigator, who can ask officers questions that might not otherwise come up. Continue reading “Oversight Group Recommends Policy Changes In Response to 2019 Shooting of Unarmed Man”

County Hires New Cop Recruiter; Deputy Mayor Moves On; Calls for Park Sweep Increase After Unrelated Attack

Seattle - City Hall Park & King County Courthouse 05
Joe Mabel, CC BY-SA 4.0 via Wikimedia Commons

1. The King County Council added $248,000 to the county’s budget last week to hire a new recruiter for the King County Sheriff’s office in response to two years of unusually high attrition. The council eliminated the position last year.

In the past two years, the sheriff’s office has seen roughly 15 percent of its sworn officers resign or retire. Fifty deputies have resigned from the department in 2021, setting the county on pace to surpass the 69 deputies who left in 2020. Last year’s attritions marked a 42 percent increase from 2019. “Because these aren’t vacancies we planned for,” council president Claudia Balducci said, the sheriff’s office should be able to restore its ranks while the county considers whether to downsize the office in the future.

The council’s 2021-2022 budget included funding for 41 sworn positions in the sheriff’s office that are currently unfilled, but few qualified candidates have applied for those positions. Of the 351 applicants to entry-level positions in the sheriff’s office since January, only 79 have met basic hiring criteria, including a clean criminal record and bill of health.

But not every member of the council thought that funding the recruiter position should be a priority for the council. Councilmember Dave Upthegrove, who represents South King County, cautioned his colleagues against dipping into the county’s general fund until the council can look at its budget with fresh eyes after American Rescue Plan Act dollars dry up. “If I looked all around county government looking for one more position we could fund,” he said, “it wouldn’t be this one.” Upthegrove, along with council members Joe McDermott, Rod Dembowski and Girmay Zahilay, voted against funding the position.

In the same meeting, the council also voted to set aside $5.6 million to provide refunds for King County residents who have paid legal financial obligations for drug possession convictions that the Washington State Supreme Court rendered void with the landmark Blake decision in February. The state will reimburse counties for any spending on Blake-related refunds.

2. In response to complaints about public safety at the downtown King County Courthouse—including, most recently, an attempted sexual assault inside the courthouse itself—the city is reportedly planning to remove an encampment in City Hall Park next door. A sweep could happen as early as this week. Although the alleged courthouse assailant has no known connections to the park, King County Councilmember Reagan Dunn and other officials have made the connection; in a statement about the attack last week, Dunn called for “the immediate closure of City Hall Park and the danger it poses to our employee[s], residents, and the community.”

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REACH has been doing outreach in the park for the past several weeks, with the goal of moving people from encampments into hotels through JustCARE, a program that provides hotel rooms, case management, and services to people living unsheltered in Pioneer Square and the International District. Last week, the city signed a contract with the JustCARE alliance to fund 89 more JustCARE slots, which the PDA had hoped to use to shelter the people living in the park.

In a statement Sunday, the alliance, which includes the Public Defender Association, the Urban League, and the Asian Counseling and Referral Alliance, among others, said that “many of the people in the park arrived there after being removed from other locations without offers of non-congregate shelter that matched their situation”—a reference to ongoing encampment sweeps by the city. “Those who are rightly upset about conditions in the park should join the many voices opposing shuffling people around the city—that practice contributed significantly to this situation,” the letter says.

“Moving people out of the park to no clear destination will not solve courthouse or neighborhood safety, or address the situation of anyone currently living there,” the letter concludes. “It feels like action—but it actually makes matters worse.”

For years, the city has presented unsheltered people with “offers” of shelter that are less appealing than sleeping outdoors, including beds in congregate shelters that lack the privacy or security of a private room, and dispersing them to other locations when they “refuse” these offers. Sweeping people from City Hall Park will only displace them to new locations—which is how many of them ended up in the park in the first place.

3. One of Mayor Jenny Durkan’s most senior cabinet members, senior deputy mayor Mike Fong, is leaving the city later this month for a new job as Chief Recovery and Resilience Office for Snohomish County.

Durkan, who announced she would not seek reelection in January, is leaving office at the end of this year after a single term. She currently has two deputy mayors, both appointed after their predecessors left for new positions. Tiffany Washington, the former head of the city’s homelessness division, replaced Shefali Ranganathan, and David Moseley, a former deputy mayor, came out of retirement to replace Casey Sixkiller, who quit to run for mayor. Continue reading “County Hires New Cop Recruiter; Deputy Mayor Moves On; Calls for Park Sweep Increase After Unrelated Attack”

County Executive Dow Constantine, Seeking Reelection: “The Status Quo Has Been Upended”

By Erica C. Barnett

King County Executive Dow Constantine, who served in the state legislature and on the King County Council before beating eight other candidates for county executive in 2009, was supposed to run for governor—until the current governor, Jay Inslee, decided he wanted to keep the job. With a bid for higher office thwarted until at least 2024, many political observers expected Constantine to step down this year rather than seek a fourth term.

Then the pandemic hit, and suddenly, all eyes were on King County and its public health department, whose capable response to a fast-moving, ever-evolving crisis made the county a model for the nation. Constantine decided to run again, and for the first time in 12 years, drew a credible opponent—Democratic state Sen. Joe Nguyen, who represents the same West Seattle district Constantine did in the state House and Senate. (In a further twist of internecine West Seattle politics, Nguyen defeated Shannon Braddock, who’s now Constantine’s deputy chief of staff.)

I sat down with Constantine over Zoom last week, and started out by asking him why he decided to seek another term.

Dow Constantine: I mean, I was thinking about running for governor, but then the governor ran for governor. And because I’m a good Democrat, and I want to ensure that we have Democratic leadership in Olympia, I chose not to run for governor along with all the other potential candidates.

I have lots of options in life. But the best opportunity right now coming out of this crisis is to advance the work we’ve been doing. I think this is a unique, exciting moment where the status quo has been upended. And a lot of the things that we have been dutifully building toward in equity and social justice and environmental restoration and police transformation and so forth become dramatically more possible. So, you know, once the, the COVID crisis started, we’ve been in it, and there’s really been no looking back.

PubliCola: Looking back over the last 14, 15 months of the pandemic, is there anything that you would have done differently in the early months, if you had known kind of how things would turn out?

With hindsight being 20/20, instead of trying to distance people in a congregate setting, like in shelters, we would know that having people just farther apart but all in the same room, was still going to be problematic. We [eventually] moved to the hotel model, which immediately and dramatically slowed the spread of the disease. Obviously, if we had more knowledge at the time, we might have made different choices about requiring mask use early on, or getting people into hotels and single-room settings rather than shelters. But in general, I think that the people responded well to a crisis with a lot of unknowns.

“Simply saying that the government can’t be involved in anything that in any way facilitates someone using the substance to which they are clearly physically addicted is just inhumane.”

PC: One of the things [Downtown Emergency Service Center director] Daniel Malone has said since early in the pandemic, when DESC moved people from their downtown shelter to the Red Lion in Renton, is that they’re never going to go back to the way things were, with people staying in overcrowded, congregate shelters. And yet it feels like that’s kind of what’s happening at the city level. Do you think that in a year or two years, we’re going to be right back where we were?

DC: That is not what the county is doing. Other than in isolated cases, for an immediate overnight emergency, we’re not going to be investing in mats-on-the-floor, get-kicked-out-in-the-morning shelters, because we have seen what having a room of your own, a place of your own, even just space of your own, can do for people.

It used to be that people were very focused on long-term, purpose-built, supportive housing, and it was sort of, we’ll just wait and let people rotate through these congregate shelters until those things are ready. With some exceptions, I think we’re moving much more toward a model where we try to get everyone a place that is genuinely a better alternative to the streets or a tent—a place that has a lock on the door with their own bathroom and some dignity and the ability to get rested and cleaned and centered. And that seems like kind of an obvious thing. But the pandemic created the opportunity to demonstrate how much better that works than a congregate shelter setting.

“I do think it’s likely that we want to find [a new sheriff] who is an outsider, someone who doesn’t owe anyone anything and is not beholden to people so that they can make difficult decisions and see things with clear eyes.”

PC: The opiate task force came out with its recommendations almost five years ago, and I remember at the time thinking that, in particular, the [supervised consumption site] recommendation was never going to happen. And sure enough, it hasn’t. Why do you think that is? And do you think the county has come through as promised on the remaining recommendations, including access to treatment on demand?

DC: I do think that the task force was correct that a safe, monitored place would save lives. And we’re seeing continued deaths from heroin that’s tainted with fentanyl, for example. And for the parents, for the families who’ve lost their children, the moralizing that I come across in the media about not facilitating drug use rings kind of hollow. Simply saying that the government can’t be involved in anything that in any way facilitates someone using the substance to which they are clearly physically addicted is just inhumane.

Will we, as a practical matter, be able to get one of these things up and running? I don’t think, unless there’s a significant political change, that it’s going to be possible to do. But I will say this. The advances in both treatment and the drugs to reverse overdose mean that it’s absolutely imperative that people not be in basements and alleys and other places where they don’t have eyes on and them can’t get help, because we can save lives in the short run. And we can save people from addiction over time. And we have much better mechanisms that we had even a decade ago to do that.

“It is the state of Washington that requires us to have a youth detention facility. And we would very much welcome the state legislature actually removing that legal obligation, and instead providing us with the funds and the mandate for alternatives.”

This is not your question, but this has been bugging me lately. There are a lot of people on the streets who have some level of opioid dependence. And some of them had it before they were homeless, and a lot of them developed it on the streets and are at grave risk because of tainted drugs that can come in to the community. And there have been plenty of suburban kids and parents who have died. But I continue, as I make calls, to hear this basic, moralistic perspective—like, they’ve just got to get off the junk, and then we can offer them all these services.

And we know that’s not how it works. Getting just some solid ground under people’s feet first is an almost indispensable prerequisite to people being able to succeed in treatment. When you’re fighting for survival every night, it’s very hard to adhere to some sort of program that’s going to help you get off of whatever you’re addicted to. Continue reading “County Executive Dow Constantine, Seeking Reelection: “The Status Quo Has Been Upended””