Tag: King County Sheriff’s Office

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””

Deputy Mayor Sixkiller Joins Crowded Mayoral Race; Police Union Joins Calls for Sheriff’s Resignation

Deputy mayor Casey Sixkiller at the opening of King’s Inn hotel shelter.

1. Deputy Mayor Casey Sixkiller joined the crowded race for mayor Tuesday, after months of hinting that he would make an announcement soon. He told PubliCola that, if elected, he would propose a bond measure, backed by a property tax increase, to build 3,000 new permanent homes for people experiencing homelessness; back a local version of universal basic income; and work to find “common ground” between people on all sides of the homelessness issue.

“If there’s one issue that we can all agree on, it’s that the conditions of our parks and our streets is unacceptable, and despite spending a record amount of money, homelessness has gotten worse,” Sixkiller said. “One part of the strategy for homelessness going forward is, number one, continuing to move more folks inside and creating safe spaces for people to move into shelter, but second, we’ve got to build or require more permanent places for folks to [live].”

Sixkiller is leaving the mayor’s office to campaign full-time.

As deputy mayor, Sixkiller was in charge of overseeing Mayor Jenny Durkan’s response to homelessness. In that role, he often clashed with the city council, defending Durkan’s reluctance to open more restrooms for unsheltered people early in the pandemic and proposing a huge new “shelter tent” for homeless people in early April of last year, when it had already become clear that COVID-19 could spread quickly in mass shelters. But he also advocated for hotels as a replacement for congregate shelters later that year, negotiating a compromise between the mayor (who was not a fan of hotels) and the council that ended up resulting in about 200 hotel-based shelter beds, with another hotel in north Seattle on the way.

“I think what the charter amendment underscores is that folks across our city and from all ends of the spectrum want to see results… both for folks that are experiencing homelessness and those impacted by it. As an organizing principle, it’s a really important thing.”—Casey Sixkiller

Sixkiller wouldn’t say whether he supports the “Compassion Seattle” initiative, which would impose a new human services spending mandate on the city and lays out conditions for future sweeps. “I’m still looking at” the proposal, he said, adding, “I think what the charter amendment underscores is that folks across our city and from all ends of the spectrum want to see results… both for folks that are experiencing homelessness and those impacted by it. … As an organizing principle, it’s a really important thing.”

Before joining the mayor’s staff, Sixkiller worked briefly as the chief operating officer for King County. Prior to that, he founded a D.C.-based lobbying firm, Sixkiller Consulting, with his wife.

So far, there are 16 candidates in the mayoral race; the filing deadline is May 21.

2. Sixkiller’s departure leaves an open position at the mayor’s office, but not for long; Durkan’s office says they plan to bring former deputy mayor David Moseley out of retirement to take Sixkiller’s place. Moseley will take over most of Sixkiller’s portfolio, which includes transportation, utilities, parks and housing, but deputy mayor Tiffany Washington will be in charge of homelessness.

Washington headed up the city’s Homelessness Strategy and Investment division until 2019, when she resigned to take a position in the city’s Department of Education and Early Learning. Her relationship with the city council could charitably be described as tense; her explanations for city policies such as an earlier increase in encampment sweeps were often vague and inconsistent, and was often defensive in response to criticism, including from journalists who questioned the city’s sunny claims about homelessness.

Durkan hired Washington for her current position last year.

3. The latest call for King County Sheriff Mitzi Johanknecht’s resignation is coming from inside the house: on Monday, the King County Police Officers’ Guild—the union representing most of Johanknecht’s sworn officers—joined county and state lawmakers pressuring Johanknecht to step down from her post.

Guild President Mike Mansanarez told PubliCola on Tuesday that his union’s members have lost confidence in Johanknecht’s competence as a leader and ability to communicate with her officers and other county leaders. “The rank and file don’t see [Johanknecht’s] leadership team—they don’t come to the precincts,” he said. He added that union members are frustrated with some of Johanknecht’s appointment decisions, and with the sheriff’s perceived willingness to overlook misconduct by her appointees.

Opposition to Johanknecht grew in March, after the county reached a a $5 million settlement with the family of Tommy Le, a 20-year-old killed by King County Sheriff’s deputy Cesar Molina in 2017. Continue reading “Deputy Mayor Sixkiller Joins Crowded Mayoral Race; Police Union Joins Calls for Sheriff’s Resignation”

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”

Afternoon Fizz: Sheriff Fires Deputy, New Director Lays Out Plans for Homelessness Authority, City Reinstates 72-Hour Parking Rule

King County Regional Homelessness Authority director Marc Dones

1. King County Sheriff Mitzi Johanknecht will fire a detective for failing to follow basic de-escalation policies and for “extremely poor tactical and officer safety decisions” before fatally shooting a car theft suspect near Enumclaw in 2019.

Detective George Alvarez is a 21-year veteran of the sheriff’s office with a lengthy use-of-force record, including five shootings and a criminal charge for assaulting and threatening an informant in 2003. In November 2019, Alvarez and his partner, Detective Josh Lerum, were driving an unmarked car when they spotted 36-year-old Anthony Chilcott, wanted for stealing an SUV and a pet poodle, driving in rural southeastern King County. Earlier that day, Chilcott had evaded a Washington State Patrol officer, but when the detectives found him, he had parked next to a power station to smoke a cigarette. At the time, Johanknecht wrote, “there was no imminent risk” to members of the public.

Nevertheless, without consulting with Lerum or waiting for backup, Alvarez decided to pull within inches of Chilcott’s driver’s-side door, sparking a confrontation that ended with both detectives shooting Chilcott 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 stolen SUV across the road and broke the driver’s-side window with a sledgehammer and the butts of their handguns were police officers.

In a letter to Alvarez explaining her decision, Johanknecht emphasized that she did not decide to fire him for the shooting itself, but for his decisions that led up to the shooting. “You did not use the opportunity you had to slow things down,” Johanknecht wrote. “The urgency here was created by your actions, not the actions of the suspect.” Johanknecht and other department leadership also called into question Alvarez’s claims that Chilcott posed an “immediate danger” to witnesses at a bus stop nearby. Instead, Johanknecht argued that Alvarez’s actions had placed bystanders—and Lerum—in danger by sparking an unnecessary confrontation with Chilcott.

For his part, Lerum received a written reprimand for not wearing his ballistic vest or clothing identifying himself as a law enforcement officer during the encounter.

In a press release on Thursday, King County Sheriff’s Office spokesperson Sergeant Tim Meyer drew a parallel between Chilcott’s death and the failed sting operation in 2017 during which plainclothes sheriff’s deputies shot and killed 17-year-old Mi’Chance Dunlap-Gittens on a residential street in Des Moines. King County agreed to pay a $2.25 million settlement to Dunlap-Gittens’ family in May 2020; however, according to Meyer, Alvarez is the first officer whom Johanknecht has fired for misuse of force or failure to de-escalate since taking office in 2017.

Cooper Offenbecker, an attorney representing Alvarez, told the Seattle Times that his client intends to appeal Johanknecht’s decision.

According to Rachel Schulkin, a spokeswoman for Mayor Jenny Durkan’s office, the city “will not immediately resume issuing citations starting April 1 and will instead have a grace period in which we remind the public about the parking rules.”

2. In a media availability this week, new King County Regional Homelessness Authority director Marc Dones said they intended to “allow for regional variations” in how various parts of King County respond to homelessness, giving the example of a “mega-shelter in Black Diamond” as something that “would not make sense” as part of a regional response. “I don’t see this job as being about running roughshod or issuing policy fiats; it will be about building things together,” they said.

However, Dones added, they are not interested in promoting the narrative that Seattle is somehow producing homelessness or generating the region’s homeless population; cities are natural “draws” for people experiencing homelessness in nearby areas, they said and “there is a natural pull to where there are services. We see this in jurisdictions across the country—people go where they think they can get the help they need.” Continue reading “Afternoon Fizz: Sheriff Fires Deputy, New Director Lays Out Plans for Homelessness Authority, City Reinstates 72-Hour Parking Rule”

2020 In Review: Following Up on the Year In Police Accountability

By Paul Kiefer

Throughout 2020, PubliCola provided ongoing coverage of the year’s top stories, including the COVID-19 pandemic, efforts to shelter and house the region’s homeless population, budget battles between the mayor and city council, and efforts to defund the Seattle Police Department and invest in community-based public safety programs.

Today, we’re focusing on several stories about the Seattle Police Department, the King County Sheriff’s Office, and police accountability.

Police Shootings

The Office of Police Accountability (OPA) won’t complete its investigations into the killings of Shaun Fuhr and Terry Caver by Seattle police officers in April and May, respectively, until early 2021. City law and the current city contract with the Seattle Police Officers Guild (SPOG) give the OPA 180 days to investigate misconduct allegations. However, because of delays related to the COVID pandemic and police actions during recent protests, OPA Director Andrew Myerberg has received two extensions. Myerberg added that the OPA won’t complete its investigations into the two shootings until SPD’s Force Review Board completes its own reviews of the incidents.

SPD officers shot and killed 24-year-old Fuhr on April 29 after his girlfriend called 911 to report that he had beaten her and taken their child at gunpoint. Fuhr was holding their one-year-old daughter when officers fatally shot him in a Columbia City driveway after a short chase on foot; SPD reported finding a handgun nearby, but the department hasn’t said whether Fuhr was holding a gun when officers fired at him. His daughter wasn’t hurt in the shooting, but Seattle-King County NAACP President Carolyn Riley-Payne issued a statement after the killing criticizing then-SPD Chief Carmen Best for claiming that the officers were concerned for the child’s well-being. The King County Sheriff’s Office is also investigating the shooting.

Less than a month later, officers shot and killed 57-year-old Terry Caver on a mostly empty sidewalk in Lower Queen Anne. As PubliCola reported in August, Caver had moved to the Seattle area after a 2010 drive-by shooting in California triggered the onset of paranoid schizophrenia. He initially lived with his older sister in Everett, who told PubliCola that her brother regularly carried a knife to defend himself during bouts of paranoia. She believes that Caver was experiencing a schizophrenic episode when Seattle police officers responded to 911 calls about a man waving a knife at passersby along Elliott Avenue West.

At least five officers surrounded Caver with their cruisers and shouted at him to drop to the ground, prompting Caver to break into a run, shouting, “you’re going to have to kill me.” Less than a minute after the officers arrived, two of them—Christopher Gregorio and Matthew Milburn—opened fire.

Though the OPA reviewed the shooting in May, the office didn’t begin a formal investigation into Caver’s death until August, after PubliCola published Caver’s name, which SPD didn’t release after the shooting. According to Myerberg, the investigation will focus primarily on whether officers followed SPD’s de-escalation policies.

Both Fuhr and Caver were Black, as were roughly a third of the people killed by SPD in the past decade.

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The Seattle Police Contract

Though the city’s collective bargaining agreement with the Seattle Police Officers Guild expires on December 31, the city won’t begin negotiating a new contract until 2021 at the earliest, leaving the union to work under an expired contract until the city council ratifies a new agreement. At the moment, the Labor Relations Policy Committee—which includes five council members, the mayor’s policy director, the Budget Office director and the director of Human Resources—is still hammering out the city’s bargaining agenda, including the subjects of bargaining, the length of the new contract and the amount of money the city is willing to spend to meet the terms of the new contract.

In early November, Mayor Jenny Durkan and city council public safety committee chair Lisa Herbold announced that the all three of the city’s police oversight agencies—the Office of Police Accountability, the Office of the Inspector General (OIG), and the Community Policing Commission (CPC)—would advise the LRPC ahead of negotiations with SPOG.

While the OPA has taken an advisory role in the past, the CPC (which represents the interests of the public, not a branch of city government) has never previously had an official role in police contract negotiations. Nor has the city council, which will now have a representative—likely council central staffer Greg Doss—at the table. Continue reading “2020 In Review: Following Up on the Year In Police Accountability”

Morning Fizz: City Will Repair West Seattle Bridge, Won’t Earmark License Fee for Bridge Maintenance

Image via City of Seattle

1. This morning, Mayor Jenny Durkan announced that the city will repair, rather than replace, the West Seattle Bridge.

According to the Seattle Department of Transportation, repairing the bridge will cost around $47 million, plus an additional $50 million for “traffic mitigation” and ongoing maintenance of several hundred thousand dollars a year. Rebuilding the bridge would have cost between $310 million and $522 million, according to the city’s estimate.

The decision to repair the bridge doesn’t mean the city won’t have to replace it eventually. Instead, the repairs could extend the useful life of the bridge by up to 40 years—essentially, the length of time the bridge was expected to last until city crews discovered significant cracks in the structure and took the bridge out of commission earlier this year.

There is a possibility that the bridge could fail sooner than that—about 5 percent, according to a cost-benefit analysis by the engineering firm WSP that the city released last month. (For a detailed look at that analysis, which also includes higher long-term estimates that “monetize” certain risk factors and include inflation-adjusted maintenance costs over the remaining life of the bridge, I recommend Mike Lindblom’s October 20 piece in the Seattle Times.) SDOT director Sam Zimbabwe said Tuesday that SDOT’s own experts “anticipate that we can get 15 years out of the bridge,” but added, “We can’t give a date certain on the point when the repairs will stop working.”

Durkan said Wednesday that she had been leaning toward replacing the bridge, but that a realistic timeline for what SDOT calls the “rapid replacement” option—”perhaps five years,” once time for environmental review and permitting is factored in—was just too long. “It became clear that the amount of money and the time it would take were not feasible options,” Durkan said. The city believes they can repair the bridge by mid-2022. Maintaining a repaired bridge will cost significantly more than maintaining a brand-new one, because engineers will have to inspect the bridge frequently to make sure that it isn’t showing signs of failure.

“It makes no sense to build a bridge that does only one thing… so I’m hoping to have a conversation with our colleagues at Sound Transit to see if the city can work with them to build a joint crossing for the bridge that they are going to build.”—Mayor Jenny Durkan

Meanwhile, Sound Transit still plans to build its own light rail bridge connecting West Seattle to downtown parallel to the existing bridge. Durkan, who sits on the Sound Transit board, suggested that the new bridge should include bike lanes and sidewalks for pedestrians. “It makes no sense to build a bridge that does only one thing,” Durkan said. “I think we need more transit capacity, more pedestrian capacity, and more bike capacity, so I’m hoping to have a conversation with our colleagues at Sound Transit to see if the city can work with them to build a joint crossing for the bridge that they are going to build.”

Image via WSP

2. While Durkan and SDOT staffers were discussing the West Seattle bridge with press yesterday, West Seattle’s representative on the city council, Lisa Herbold, was making the case for a proposal she co-sponsored, along with Alex Pedersen and Andrew Lewis, to use the proceeds from a $20 increase in the city’s vehicle license fee to pay for bridge maintenance, including on the West Seattle Bridge.

The vehicle license fee moved forward to a final vote on Wednesday, but it won’t be dedicated to bridges; instead, under a substitute offered by council president Lorena González, the city will adopt a spending plan for the proceeds from the fee— around $3.6 million next year, and $7.2 million a year after that—after a process to identify stakeholder priorities.

“I support a $20 increase to the vehicle license fee because I believe it is necessary to support ongoing operations of our city’s transit services and the maintenance of our transportation infrastructure and networks,” González said. “I do feel, however, that more work and stakeholder engagement must be done before we can decide how to appropriate this additional revenue.”

Herbold countered that the bridge maintenance proposal was an attempt to address problems identified last year by the city auditor, who found that “the City is not spending enough to keep its bridges in good condition and avoid costly future repairs,” particularly given the high number of bridges that are near the end of their useful lifespan. The city spends about $6.6 million each year on bridge maintenance, the audit found—”far below SDOT’s most conservative estimate of what is needed—$34 million.”

Under the plan adopted Tuesday and headed to final approval next week, the city will hold a three-month process to get input from stakeholders on how to spend the $20 fee, and adopt a plan by the middle of next year.

3. Next year’s King County budget will be almost 7 percent smaller than in 2020, thanks to cuts that fell heavily on the Department of Adult and Juvenile Detention (DAJD) and the King County Sheriff’s Office. The council opted for slightly smaller cuts to both departments’ budgets than County Executive Dow Constantine proposed in September: instead of an $8 million cut to the sheriff’s office, the council only cut around $6 million, amounting to less than 2 percent of the department’s 2019-2020 budget; the cut to the DAJD’s budget likewise totaled less than two percent of its budget.

The council also added some funding for the sheriff’s office, including $175,000 for emphasis patrols outside the county courthouse on 3rd Avenue, where the Seattle Police Department has also targeted special patrols in the past.

The largest portion of the cut to the sheriff’s budget is $4.6 million in marijuana tax revenue that the council voted to redirect toward anti-marijuana programming for youth and programs that help clear marijuana convictions from clients’ records. When Constantine proposed shifting marijuana tax revenue away from the sheriff’s office in September, Sheriff Mitzi Johanknecht publicly claimed that the move would cost the county as many as 30 officers, largely affecting residents of unincorporated King County. KCSO did not respond to PubliCola’s request for comment.

However, the council also added some funding for the sheriff’s office, including $175,000 for emphasis patrols outside the county courthouse on 3rd Avenue, where the Seattle Police Department has also targeted special patrols in the past. Several of the council members who voted to provide funding for the patrols expressed hesitation about their votes; when casting her vote in support, Council Chair Claudia Balducci commented that the county will eventually need to “back off and let Seattle patrol Seattle’s streets.”

The council’s budget package also included an array of provisos (spending restrictions) put forward by council members Girmay Zahilay and Dembowski intended to lay out a roadmap for downsizing the county’s law enforcement and detention operations. The provisos included directives for Constantine to assemble reports on the county’s juvenile detention center, fare enforcement officers, and school resource officers, and to provide the council with a plan to meet the goal of zero youth detention set by Constantine himself in July.

King County Executive Highlights Criminal Justice Reform in Budget Preview

By Paul Kiefer

On Wednesday afternoon, King County Executive Dow Constantine previewed a number of new programs he will propose as part of his 2021-2022 county budget plan next week, including alternatives to jail, community-based public safety alternatives, and divestments from the current criminal legal system. “We took up a simple refrain to guide our budget: divest, invest, and reimagine,” Constantine said. “As we support community members in co-creating our shared future, we make an important down payment on building a strong, equitable, and racially just county.”

Toward that end, Constantine proposed spending $6.2 million over the next two years on a new program called Restorative Community Pathways. According to Department of Public Defense Director Anita Khandelwal, the program would refer 800 juvenile offenders away from the criminal justice system per year and instead provide “community-based support, mentorship, and targeted interventions.”

Those services would be provided largely by the three nonprofits involved in the program’s development: Community Passageways, Creative Justice, and Choose 180, which also all contract with the City of Seattle for violence prevention or youth diversion programs. The initial $6.2 million investment would also fund support for victims of crimes and a new “restitution fund,” which would cover court-mandated fines and financial obligations for juvenile offenders who can’t afford them.

According to a press release from Constantine’s office, the county hopes to get the program off the ground by 2022, and “eventually” fund it entirely through cost savings from the King County Superior Court, the Department of Public Defense, and the King County Prosecutor’s Office.

Constantine’s budget proposal also includes $2.7 million for restorative justice services for adults facing their first criminal charges for nonviolent crimes. According to King County Prosecutor’s Office spokesman Casey McNerthey, the program would primarily serve those charged with property or low-level drug crimes, but could also include other nonviolent offenders. The adult program would rely on the same three nonprofit partners responsible for Restorative Community Pathways.

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After the press conference, Community Passageways CEO Dominique Davis told PubliCola that his group would assume responsibility for felony diversion, while Creative Justice would manage other elements of both restorative justice programs. Community Passageways doesn’t take referrals for anyone older than 27, but if the county decided to expand the program to serve people over 27, Davis is hopeful that other nonprofits could pitch in. “If in the first year we actually save the city and the county a lot of money [in court and incarceration costs], then we could tap groups like LEAD that already work with older adults,” Davis said. “We really don’t need to reinvent the wheel.”

The proposed restorative justice programs would work in tandem with Constantine’s vision of a $1.9 million decrease spending on the the county jail. “With fewer people in jail,” Constantine said, “we will be able, in this biennium, to close one of the [12] floors of the downtown jail.” Since the beginning of the year, the county has already reduced the jail’s daily population from 1,900 to 1,300, and Constantine said he intends to continue that downward trend and increase the county’s savings in future years.

Constantine also proposed transferring $4.6 million of the county’s marijuana tax revenues from the sheriff’s office to three new programs: one helping those with past marijuana convictions clear their records and settle unpaid court fines and restitution; a “youth marijuana prevention” and employment program run by the county’s Department of Local Services in unincorporated King County; and a “community-centered advisory body” that would determine how the county spends marijuana tax revenue in the future.

The county also plans to suspend fare enforcement on King County Metro buses, even as they reinstate fares in October, and reassess the county’s $4.7 million fare enforcement contract with the private company Securitas. Interim Metro general manager Terry White added that when fare enforcement resumes in 2021, Metro will “use non-fine alternative approaches” for those who can’t afford to pay fare, ranging from community service to providing connections to social service agencies.

Constantine will present his budget to the King County Council, which has final say over most aspects of the proposal, on September 22.

Girmay Zahilay: In November, a Chance to Begin Rebuilding Public Safety from the Ground Up

By Girmay Zahilay

On the evening of November 5, 2019, I stood in front of a packed room at Rumba Notes Lounge in Columbia City and delivered my victory speech. I had just been elected to the King County Council and I was overwhelmed with gratitude. I told the audience of family and friends that “we did not come here to start a movement, we came here to build on the work of those that came before us.”

As I spoke those words, I thought of all of the struggling, organizing, and advocating that prior generations had done for our benefit. I saw black and white images of people marching for Civil Rights; I saw Black students being attacked with fire hoses while protesting; I saw Native Americans fighting for their land and sovereignty.

The work of those that came before us weighed on me so heavily that my voice cracked during my speech. How could we ever live up to what our past heroes had accomplished? They had endured once-in-a-generation battles and fundamentally changed society for the better.

Back in November 2019, I could have never imagined that just months later our nation would enter its own once-in-a-generation battle. I had spent my entire campaign talking about affordable housing, zoning policies, and criminal justice reform. But the trials and tribulations of 2020 have made so much more possible than the usual reform-style policies. This year, we have a powerful opportunity to fundamentally improve our society. We have the political will to rebuild our institutions from the ground up and better serve the most vulnerable in our region.

This November, King County has the rare opportunity to begin shaping a fundamentally better system of public safety—one that is rooted in public health initiatives, community-based alternatives, and economic justice for marginalized communities.

Among these powerful opportunities is the chance to transform our vision for public safety. For King County residents, this starts with adopting Charter Amendment 6 in November. This amendment will empower the King County Council to transfer certain public safety functions, such as crisis response, away from the Sheriff’s Office and into the hands of the community organizations that should have been in charge of responding to community needs all along.

The murder of George Floyd highlighted what Black organizers and advocates had been saying and working on for decades: our systems of policing are racist, unresponsive to root causes of crime, and frequently introduce lethal force to situations that do not warrant it.

Here in King County, the police killings of Mi’Chance Dunlap-Gittens, Tommy Le, Charleena Lyles, and many others, were preventable. We could have saved their lives and we can save countless others moving forward. We can better serve our neighbors who have been most harmed by state action. We can put people on track to get the support they need. We can accomplish these goals not by reforming the institutions we already have, but by reimagining public safety altogether.

This November, King County has the rare opportunity to begin shaping a fundamentally better system of public safety—one that is rooted in public health initiatives, community-based alternatives, and economic justice for marginalized communities. In addition to empowering community-based organizations, it would give the groups that are already working to keep their neighborhoods safe the resources that they need to do so on a bigger scale.

Our default response to every challenge in our region should not be to deploy officers armed with guns. The future of public safety looks like a diverse toolkit of effective public health solutions. Mental health support teams can respond to mental health crises, rapid response social workers can tend to people in need, and trusted mentors and violence interrupters can help our youth. Unarmed code enforcement professionals can address noise complaints and traffic infractions.

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PubliCola is supported entirely by generous contributions from readers like you. If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going—and expanding!

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. I’m truly grateful for your support.

As our laws stand, however, the King County Council does not have the authority to transfer public safety functions away from traditional law enforcement. Our King County Charter, the local constitution governing our region, says that the King County Sheriff’s Office “shall not have its duties decreased by the county council.” This prohibition, combined with the fact that our King County Sheriff is an independently elected position, insulates the Sheriff’s Office from external policy instruction.

Rising to the promise of this moment requires us to amend the King County Charter and remove the restrictive language that ties the Council’s hands. When King County residents open their ballots this November, they will choose to approve or reject “Charter Amendment No. 6”, which if approved, would give the King County Council the authority to change the duties and structure of our regional system of public safety.

A more effective and equitable approach to safety is around the corner with Charter Amendment Number 6 as step one.

This potential change is one I would have never thought possible last year at my election night party. But in 2020, we have entered an unprecedented battle, and it has brought with it an unprecedented opportunity. Policymakers should use this momentum to go beyond surface level reforms and rebuild our systems from the ground up.

Our federal, state, and local governments have a long history of devastating Black, Indigenous, and communities of color. If COVID-19 has taught us anything, it is that our fates as human beings are intertwined. If one group is especially vulnerable to the virus, we will all be less safe. The same holds true for the racist impact of our criminal legal systems. If Black and Brown people continue to be over-policed, criminalized, and incarcerated, with divesting longterm social and economic consequences, we will all be less safe.

Let’s rise to meet this moment. Let’s rebuild our systems to better serve the people we have most harmed, and let’s ensure safety, prosperity, and justice for all.

Girmay Zahilay is a King County Council council member representing District 2, which includes central and southeast Seattle.

The City and County Keep Lists of Cops with Credibility Issues. Many of Them Remain on Patrol.

Image from SPD Detective Franklin Poblocki’s body camera

By Paul Kiefer

In early April, a pair of Seattle Police lieutenants from the West Precinct spotted a man rolling a bike and a garbage can down Main Street in the International District. Large coils of copper wire hung off the bike’s handlebars, and the garbage can was packed with more of the same wire. In their report, the officers noted that the wire appeared to have been torn or quickly cut; the officers concluded that the man had probably stolen it from a nearby construction site. When they stopped the man to question him, he quickly admitted that he had taken the wire from a site near Yesler Terrace. The officers then booked the man into the King County Jail.

By most standards, the arrest was unremarkable. But if one of the officers who arrested the man had been called to testify, her name—Lora Alcantara—would have triggered an alert that could have prompted prosecutors to drop the case.

Alcantara is one of 24 SPD officers on the so-called “Brady Lists” kept by the King County Prosecutor and the City Attorney’s Office. The lists, named after a 1963 US Supreme Court ruling called Brady v. Maryland that required prosecutors to present any evidence that might benefit the defendant, are formally known as Potential Impeachable Disclosure (PID) lists. They include the names of officers with sustained findings of dishonesty, evidence of racial bias, or criminal charges or convictions.

Alcantara was in added to the KCPO’s PID list in 2016 after a Seattle Office of Police Accountability Investigation found her guilty of misconduct for calling a Black driver a “fucking Negro” during a car chase in 2013. [UPDATE] A subsequent OPA investigation found that Alcantara also lied about her interaction with a KIRO-TV news crew she encountered during the chase when debriefing the incident with her supervisor, leaving her with an additional mark on her record for dishonesty. Former police chief Kathleen O’Toole suspended Alcantara for five days without pay for violating the SPD manual’s “prohibitions concerning derogatory language.” 

 

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In practice, those lists limit the ability of officers with a record of misconduct to testify. If a listed officer is the sole witness in a case, both prosecutors’ offices say they are far less likely to file charges, limiting the officers’ abilities to work alone. However, though listed officers are often unable to give testimony—a key responsibility of law enforcement officers, especially those working in patrol operations—salary and assignment data show that the department has continued to give the 24 officers annual raises and has left the vast majority in patrol positions. 

When a prosecutor from either office finds that an officer they subpoenaed to testify in a case is on their Brady list, their offices have to disclose that information (and additional details about the officer’s misconduct record) to either the defense attorney (if the officers are on the list because of a record of dishonesty) or the trial judge. Defense attorneys can use this information to impeach an officer’s testimony, and being on a Brady list “can be a factor in whether a prosecutor chooses to file charges,” Dan Nolte, the communications director for the city attorney’s office, said. “If a Brady List officer is on a case and no other officers can corroborate their account, we’re likely to seek additional evidence confirming the situation before choosing to file.”

Over the past decade, the lists have grown to include dozens of SPD officers, and they continue to grow.

Over the past decade, the lists have grown to include dozens of SPD officers, and they continue to grow. Most of the 75 SPD officers on the lists are no longer employed by the department: some, like 31-year SPD officer Ernest Hall (for whom the OPA found a lengthy record of dishonesty), the department fired outright; others, like former officer Alex Chapackdee (arrested in 2017 on federal drug trafficking and money laundering charges) resigned in lieu of termination; and others, like former Detective Ron Smith (charged for shooting a rival biker gang member at a South Dakota bar in 2008), retired from the department.

OPA Director Andrew Myerberg says it’s rare for officers who land on the lists to keep their jobs. Still, it is common enough that of the 75 SPD officers who prosecutors have added to their lists over the past 15 years, nearly a third remain employed by the department.

Four active SPD officers are on both lists because of dishonesty. One—Officer Christopher Garrett—landed on the KCPO list 15 years ago after lying about his availability to testify in a drug trial; he was among the first officers to be added to the list. Another, Detective Franklin Poblocki, somewhat famously spent forty minutes waiting outside a Black man’s workplace in the Central District in a rolling chair after the two exchanged barbs over a towed car in 2018. Poblocki told a passerby that he was waiting for an apology but claimed to his coworkers that he had merely been engaged in “community-oriented policing stuff.” In the wake of the incident, the OPA concluded that Poblocki had lied to investigators and now-outgoing SPD Chief Carmen Best demoted him from sergeant to detective for inappropriate behavior that “degraded” the department’s community policing efforts.

At least two current SPD officers on the CAO’s list have criminal charges on their records: Officer Caleb Howard was charged with misdemeanor assault in 2018 after punching a coworker and strangling his 17-year-old son at a backyard barbecue in 2018; 33-year SPD veteran (and one-time officer of the year) Officer Felton Miles was charged with felony harassment after bursting through the door of his ex-wife’s home and threatening to kill her and her boyfriend in 2007. SPD fired Miles, but a Seattle judicial board overturned Miles’ firing in 2008 and ordered the department to reinstate him.

This year, the salaries of all the officers on the lists add up to roughly $3.3 million, not including overtime.

Several on the list are fairly high-ranking. Captain Randal Woolery, for instance, was placed on the CAO’s list in 2019 after an undercover SPD prostitution sting caught him soliciting a sex worker in North Seattle (he has been charged for the incident but not convicted). Seven others on either list hold ranks of sergeant or higher, including Lieutenant Alcantara.

This year, the salaries of all the officers on the KCPO and CAO’s lists add up to roughly $3.3 million, not including overtime. Based on the city’s 2020 wage data, two of those officers—Captains James Dermody and Randal Woolery—will make over $200,000 this year before overtime. Others, like Lieutenant Alcantara, were promoted after the events that landed them on the Brady lists.

Just as notably, though their presence on the lists renders them vulnerable to impeachment as trial witnesses, SPD have left most of the officers on the lists to roles in patrol positions. As patrol officers, they are more likely to interact with the public and make arrests; therefore, the prosecutors are more likely to need their testimony when filing charges against those they arrest. Nolte says the city attorney’s office would rather turn to security camera footage or not file charges than have a case fail because the police witness appeared on their Brady List. KCPO Communications Director Casey McNerthey, however, noted that his office has not yet seen a case dismissed because an arresting officer was on their Brady list — after they disclose that information to the defense council, the court can adjust as necessary.

But that hasn’t stopped the listed officers from making stops and arrests. Detective Poblocki, for instance, has continued to make so-called “Terry Stops“—stopping someone based on an officer’s “reasonable suspicion” that the person is involved in criminal activity—for the past two years as part of the West Precinct’s burglary and theft squad, despite his dubious presence on the KCPO and CAO’s lists. In effect, the prosecutors (and police) have deemed Poblocki not credible enough to give testimony, but credible enough to conduct arrests, carry a gun, and earn a full salary.

King County Council Committee Recommends Replacing Law Enforcement Oversight Director

OLEO Staff - King County

By Paul Kiefer

On Tuesday, a majority of the Metropolitan King County Council’s Employment and Administration Committee (which includes all nine council members) voted not to extend the contract of Office of Law Enforcement Oversight (OLEO) Director Deborah Jacobs, as well as to accept the findings of an independent investigation into allegations that Jacobs made a series of inappropriate or discriminatory comments to her staff over the course of her four years with the county.

Council chair Claudia Balducci announced that she would introduce the proposal ending Jacobs’ contract in a press release on Monday evening. In her statement, Balducci praised Jacobs’ work as OLEO director, writing that she “has worked diligently to fulfill OLEO’s mission to hold the King County Sheriff’s Office (KCSO) accountable for providing fair and just police services.” However, Balducci added that based on the findings of an outside investigation into claims made against Jacobs by OLEO staff, the office would “benefit from new leadership.”

The council hired the law firm Ogden, Murphy and Wallace to conduct the investigation earlier this year after a number of employees accused her of making inappropriate comments. The investigating attorney, Karen Sutherland, concluded that Jacobs had engaged in conduct  “inconsistent” with council policies against harassment and discrimination in five instances, and found that three other complaints were unfounded or unsupported by evidence.

Sutherland added that she found no evidence of “criminal misconduct” by Jacobs.

The five complaints Sutherland found convincing included an incident in which Jacobs apparently dismissed an applicant for a public relations position as “just a white male” (hiring decisions based on race are illegal in Washington), and one in which she said she could only imagine a white man as OLEO deputy director.

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Two other claims were connected to non-work social events. In one case, Jacobs said she could not invite any of her employees to her annual women-only Roe v. Wade anniversary party so as not to exclude a male employee. In another, Jacobs said she would not invite her employees to a social event so as not to single out an employee who was single. In the fifth and final instance, Jacobs reportedly praised an employee for his “race and size,” claiming it helped him gain the trust of sheriff’s officers. That employee told Sutherland that he’s struggled with weight-related insecurity for much of his life, but added that he didn’t feel comfortable telling Jacobs that her comments had been hurtful.

In a response to the investigation she sent to council members in July, Jacobs acknowledged that she had “used some terms that are not appropriate even when used casually and with no ill intent,” adding that in response to the complaints, she has “actively sought to alter [her] language choices.”

However, Jacobs said some of the findings of the investigation took her comments out of context. For example, Jacobs wrote she made her comment that OLEO could only be headed by a white man “with a sense of irony and deep frustration.” As evidence, she pointed to the fact that she promoted Adrienne Wat, an Asian woman, to the position not long after she made the comment. Continue reading “King County Council Committee Recommends Replacing Law Enforcement Oversight Director”