Tag: Lisa Herbold

Fractures Emerge As Council Continues Police Budget Cut Debate

By Paul Kiefer

The Seattle City Council’s debate about a proposed cut to the Seattle Police Department’s budget will drag on for at least another two weeks, but a discussion during Tuesday’s Public Safety Committee meeting shed light on the growing disagreement within the council about how the city should hold SPD accountable for overspending.

On one side, council members Tammy Morales and Kshama Sawant argued that the council is obligated to follow through on past promises—in this case, a resolution passed last December expressing the council’s intent to cut $5.4 million from SPD’s budget to account for an equivalent amount of overspending by SPD.

On the other side, Council President Lorena González, committee chair Lisa Herbold, and Councilmember Andrew Lewis made the case for a substitute proposal that would reduce the budget cut to $3 million to enable SPD to upgrade department software and hire civilian staff to fill much-needed roles in their public disclosure unit, evidence storage unit and mental health crisis response teams. (Some of these civilian positions will eventually transition into other departments, Lewis noted.) From their perspective, the changes are in the interest of the council’s most pressing police-related priorities: improving transparency, following the recommendations of city and federal oversight bodies, and expanding options for non-police crisis response.

Ultimately, the council voted to move Herbold’s substitute bill forward without making a formal recommendation that the full council adopt it, with Morales and Sawant voting “no.”

Both approaches require trade-offs. If the council cuts the full $5.4 million from SPD’s budget, the department will likely leave important roles unfilled and could draw more criticism from the monitoring team appointed by a federal district court judge to supervise reforms to SPD. If the council imposes a smaller budget cut, it will be relying on SPD to follow through with the council’s priorities—especially hiring civilian staff instead of more officers—despite the department’s record of breaking promises to the council (its use of excess overtime being one recent example).

The dispute over the $5.4 million got its start last August, when, in an effort to avoid spending extra money on protest-related overtime, the council passed a resolution saying that they wouldn’t support any increase to SPD’s budget “to offset overtime expenditures above the funds budgeted in 2020 or 2021.” Three months later, the council backpedaled, grudgingly adding $5.4 million to SPD’s to backfill for overspending on family leave, separation pay, and overtime pay for officers working at COVID testing sites.

At the time, several council members—including budget committee chair Teresa Mosqueda—argued that the department could have avoided year-end budget shortfalls if it had scaled back its protest response and prioritized spending on other unanticipated expenses.

The council wasn’t happy bailing out SPD, and on the same day, they passed the resolution expressing their intent to cut $5.4 million from the department’s budget in 2021 to account for the overspending and discourage the department from spending beyond its budget in the future. The council also placed a proviso (a spending restriction) on another $5 million in anticipated salary savings from attrition, directing SPD to spend those funds on council priorities.

By February, some council members started to think twice about the cuts, particularly as SPD pressured the council to consider the impacts of additional budget cuts on an already shrinking department—nearly 200 officers left SPD in 2020—and on SPD’s compliance with the federal court’s expectations. Meanwhile, other emerging needs appeared on the council’s radar, including a report from Seattle’s Office of the Inspector General highlighting the urgent need for more civilian staff in SPD’s overcrowded evidence storage warehouse.

The substitute bill supported by Herbold, Lewis, and González would dole out the $5 million from anticipated salary savings monthly in exchange for monthly staffing reports on hiring and attrition; according to Herbold, requiring those staffing reports would give the council a chance to intervene if it sees reasons for concern.

Morales was not enthused by the new proposal. “The department can choose to prioritize its budget however it wants, whether it’s for evidence storage or public disclosure,” she said during Tuesday’s committee meeting. “Last year, it didn’t [choose those priorities]. Instead, it chose to prioritize overspending on overtime pay.” Instead, she argued that the council should cut the full $5.4 million and expect SPD to honor the council’s priorities and avoid overspending in the future.

Sawant joined Morales, arguing that reducing the cut to SPD’s budget would not have the desired effect of “holding the line” against overspending by SPD, but would instead “move it back another year, with no guarantee that it won’t move back again and again.”

But Herbold maintained that the reduced cut would “create a dialogue with the department” about shared budget priorities that did not exist during last year’s budget discussions. “My hope is that we can still take a strong position against overtime spending that exceeds their budget,” she added.

Despite a month of discussions and presentations about the proposed budget cut, the committee was not able to vote on the measure on Tuesday. The obstacle: a list of questions sent by the federal monitoring team to SPD leadership concerning the possible impacts of a budget cut on the department’s compliance with Seattle’s consent decree—the 2012 agreement between the city and the Department of Justice giving a federal district court judge the power to oversee reforms to SPD. Until the federal judge weighs in on the implications of the proposed cut, the council can’t move forward.

Instead, in the interest of taking a small step forward, the committee voted 3-2 to adopt Herbold’s substitute bill; Morales and Sawant maintained their opposition to reducing the size of the budget cut. After the federal court issues its opinion on the proposed budget cut, the committee will be able to move to present the bill to the full council.

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

Seattle Deputy Mayor Casey Sixkiller

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

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

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

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

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

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

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

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

Not all of these rooms will be used as shelter.

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

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

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

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

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

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

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

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

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

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

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

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

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

Council Considers Cutting SPD by $5.4 Million in Response to 2020 Overspending

Changes in SPD Staffing from 2012 to 2021, via Seattle Police Department)

By Paul Kiefer

The Seattle City Council’s Public Safety Committee is considering a $5.4 million cut to the Seattle Police Department’s 2021 budget to account for an equivalent amount of overspending by the department last year. During the committee’s regular meeting on Tuesday morning, council members received a briefing from the council’s central staff on the potential impacts of those cuts on a department still reeling from a spike in attrition in 2020.

Last August, in an effort to avoid spending extra money on protest-related overtime, the council passed a resolution saying that they wouldn’t support any increase to SPD’s budget “to offset overtime expenditures above the funds budgeted in 2020 or 2021. Three months later, the council backpedaled, grudgingly adding $5.4 million to SPD’s to backfill for overspending on family leave, separation pay, and overtime pay for officers working at COVID testing sites.

While none of the spending in Durkan’s proposal would directly pay for protest-related overtime, several council members—including budget committee chair Teresa Mosqueda—argued that the department could have avoided year-end budget shortfalls if it had scaled back its protest response and prioritized spending on other unanticipated expenses.

But the council wasn’t happy bailing out SPD, and on the same day, they passed a second resolution expressing their “intent” to cut an equal amount from SPD’s 2021 budget to offset the overspending and discourage the department from spending beyond its budget in the future. The council also passed a budget proviso withholding $5 million from SPD’s budget under the assumption that the department would save at least $5 million in staff salaries because of high attrition and the city-mandated hiring freeze; if the department didn’t reach $5 million in salary savings, the council would lift the proviso.

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We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

Year-end attrition figures from SPD surpassed the council’s expectations. By the end of 2020, 186 officers had left the department—double SPD’s projections for attrition at the beginning of last year. The council developed SPD’s 2021 budget under the assumption that the department would pay 1,343 officers; on Tuesday morning, the council’s central staff estimated that SPD will only fill 1,289 of those spots, leaving SPD with as much as $7.7 million in salary savings in 2021. Continue reading “Council Considers Cutting SPD by $5.4 Million in Response to 2020 Overspending”

Federal Judge: Seattle’s Path to Compliance With Consent Decree Still Unclear

By Paul Kiefer

U.S. District Court Judge James Robart convened a hearing on Thursday afternoon to review the city of Seattle’s progress toward implementing police reform and address how Seattle’s path to compliance with the federal consent decree has changed in the wake of last summer’s racial justice protests.

During Thursday’s hearing, the first since the protests, Robart emphasized that the city is still out of compliance with the consent decree in the areas of discipline and accountability, and that Seattle’s path toward an end to federal oversight is still unclear. Robart added that the federal court is now reviewing another possible breach of the consent decree: specifically, whether SPD’s response to last year’s protests leaves the city out of step with the court’s standards for appropriate use of force.

The consent decree—the agreement between the city and the Department of Justice that empowers the federal court to oversee reforms to the Seattle Police Department—dates back to 2012, when the DOJ investigation found that SPD officers frequently used excessive force without consequences. To end federal oversight, the city first needs to achieve “compliance” with the terms of the consent decree and remain in compliance for two years; Robart uses input from the city, accountability experts, and a court-appointed monitoring team to decide what compliance entails.

The court-appointed monitoring team, led by Dr. Antonio Oftelie since last September, submitted a work plan Thursday morning to track the implementation of reforms to SPD and the efficacy of the city’s accountability structure in 2021. As SPD prepares to rework its use-of-force and crowd management policies, and while the OPA and OIG conduct follow-up investigations into protest-related police misconduct and systemic policy problems, the monitoring team will act as an auditor, said Monisha Harrell, the court’s deputy monitor. “Our ultimate goal is to not exist,” she told PubliCola. “If the system is working well, then we aren’t needed. So we look for cracks in the system.”

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Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

The city has nominally met Robart’s standards before: In 2018, the judge ruled that Seattle was in “full and effective” compliance with the terms of the consent decree. But less than a year later, Mayor Jenny Durkan and the city council approved a contract with the Seattle Police Officers Guild (SPOG)—the largest police union in the city—that undercut an array of reforms to SPD  accountability. After outcry from accountability advocates, Robart decided that Seattle no longer met the court’s expectations for police accountability and discipline, leaving the city partially out of compliance with the consent decree.

In his ruling, Robart directed the City Attorney’s Office (CAO) to submit plans to restore the accountability reforms by July 2019. More than a year later, the city not submitted a plan. Nevertheless, in early May of 2020, City Attorney Pete Holmes filed a motion to cut back the court’s oversight of SPD, contending that SPD had “transformed itself” under the federal court’s oversight. But Robart never ruled on the city’s motion to end some portions of the consent decree, because the city withdrew the motion shortly after the killing of George Floyd by Minneapolis police officers on May 25 sparked citywide protests.

City Attorney Pete Holmes, who represented the city during Thursday’s hearing, told the court that the protests were a “stress test” for SPD’s accountability structure. However, Holmes pointed to a letter published by Interim SPD Chief Adrian Diaz on Wednesday—entitled “Surpassing Reform: SPD’s Commitment to Accountability and Transparency”—as evidence of the “spirited tenacity of SPD to provide safety and constitutional policing even in the midst of the pandemic.” Holmes also expressed his belief that the accountability agencies—the Office of Police Accountability (OPA), Office of the Inspector General (OIG), and the Community Police Commission (CPC)—are “living up to the test” presented by SPD’s protest response. Continue reading “Federal Judge: Seattle’s Path to Compliance With Consent Decree Still Unclear”

Police Union Head’s Refusal to Resign Raises Questions About Upcoming Contract Negotiations

By Paul Kiefer

On Monday evening, Seattle Police Officers’ Guild (SPOG) President Mike Solan sent an email to members of his guild. “Connecting with you today to directly respond to the latest media frenzy surrounding our union,” he began.

The police union leader had been under fire since last week after posting a tweet that appeared to blame Black Lives Matter activists for the attempted pro-Trump insurrection at the US Capitol, and after he refused to condemn two officers—both SPOG members—for traveling to Washington, D.C. during the attacks.

Last Friday, the Office of Police Accountability (OPA) opened an investigation into both officers. That same day, Mayor Jenny Durkan and former Seattle police chief Carmen Best called for Solan’s resignation. Since then, members of city council have added their voices to the chorus. Interim Police Chief Adrian Diaz made clear that he will only fire the two officers if the OPA investigation finds that they took part in attacks on Capitol police officers or otherwise violated federal law.

“I am in communication with those two members and have provided SPOG resources to assist them during this process,” Solan wrote in his email on Monday. “As you can imagine, we are concerned for their safety, mental health and for what appears to be their guilt by association for merely exercising their constitutionally protected first amendment rights. We are in a scary time in our nation’s history as voicing a dissenting opinion can get you ‘canceled’.” SPOG’s resources likely include defense attorneys, paid for with union dues.

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Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

Solan made no effort to condemn the attack on the U.S. Capitol, nor did he endorse Diaz’s plan to fire the two officers if the OPA finds that they participated in the attack.

Pivoting to calls from city leaders for his resignation—which spurred a second OPA investigation into whether his tweets violated the department’s social media policy—Solan declared that he has no intention of stepping down. “I will never bend to cancel culture as I lead this union with conviction,” he wrote. He did, however, backhandedly admit that his comments on Twitter hadn’t helped SPOG’s public image, writing that his tweets have “been spun intentionally for political reasons to hurt SPOG and limit our influence” and that he will “definitely take this as a lesson learned in Seattle politics.”

Solan did not, however, back down from his claims that Black Lives Matter and left-wing activists bear some blame for the attack on the Capitol last week. “At no point did I blame one faction over the other, including BLM, Antifa or Proud Boys,” he wrote. “What I was trying to convey is that we as police are caught in the middle of two extreme political groups (left/right) whom [sic] are vying for political control via violence.” Continue reading “Police Union Head’s Refusal to Resign Raises Questions About Upcoming Contract Negotiations”

Women’s Shelter Rejected, More Hyperbole About “Basic Needs” Defense, Former Chief Equates Right Wing Riots to BLM Protests

Image by Robert Ashworth on Flickr.

1. For more than two months, the homeless women’s shelter provider WHEEL has been asking Seattle Mayor Jenny Durkan to let them operate a nighttime-only women’s shelter on the Fourth Avenue side of City Hall—an area known colloquially as the “Red Room” because of the frosted red glass doors that give the space a bloody cast. Although staffers in the city’s Human Services Department have reportedly expressed a willingness to let the group open a shelter in the space, Mayor Jenny Durkan’s office tells PubliCola that they need to keep the Red Room vacant in case they need it for winter emergency shelter.

“We’ve received WHEEL’s request and HSD is working to identify potential locations to operate a program hosted by that agency,” Durkan’s communications director Kamaria Hightower said. She did not offer any additional information about the timeline for this work or where the potential locations might be.

Even before COVID, the city had few shelter beds available for women on a typical night, particularly for single women who don’t want to stay in co-ed shelters. Now, with shelters either full or admitting only a couple of new clients a night, there are even fewer open beds.

WHEEL’s current shelter, at Trinity Episcopal Parish near downtown, can only accept about 30 clients a night because of COVID social-distancing restrictions, down from a high of as many as 60 pre-COVID. In its most recent letter to the mayor, on January 6, a group of WHEEL representatives wrote that “[w]ith the capacities of so many shelters cut in half or more, we need to add capacity to make up for the loss. … Shelters have been closed for intake due to COVID outbreaks-this will happen again, and again. Others are top bunkbeds [which aren’t accessible to people with mobility issues], or require a COVID test and a quarantine for intake, or require staying put and making curfew, or just have higher-barrier requirements for stay.”

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We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different. We cover Seattle and King County on a budget that is funded entirely by reader contributions—no ads, no paywalls, ever.

Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

A WHEEL member told PubliCola that the only response they received from Durkan’s office was a form letter touting her administration’s work on homelessness titled “Helping to Address Homelessness in Our Region” and addressed to “Dear Neighbor.”

Until last November, the Red Room and the main lobby of City Hall on Fifth Avenue served as an overnight shelter space for 75 people, operated by the Salvation Army on a walk-in basis. That month, the Salvation Army shelter was relocated to a former car dealership in SoDo and stopped accepting walk-in clients.

SHARE, WHEEL’s partner organization, also requested permission to operate the main lobby as a co-ed shelter.

Anitra Freeman, a SHARE/WHEEL member, said WHEEL’s low-barrier model makes it more accessible than other shelters, which have “very strict rules” about client behavior, substance use, and willingness to participate in case management. “There are a lot of people out on the street who don’t fit in a very structured program,” she said. “These are the hardest-to-serve people who are also the most vulnerable and the most likely to die outside.”

In an email to a contract specialist at the city last month, an unnamed WHEEL representative gave several examples of recent clients that fit into that category, including a woman who showed up at the shelter, soiled herself, and remained nearly “catatonic” when the shelter took her in; a frequent client with “significant and profound mental health issues” who was kicked out of the hotel where she was staying; and woman who had just been released from a hospital in the middle of the night.

2. City Councilmember Lisa Herbold’s legislation that would allow attorneys to argue that an indigent client committed a misdemeanor, such as shoplifting, to meet their basic needs is prompting a new round of misinformation, this time from the Downtown Seattle Association, which claimed in an email to members yesterday that the bill would “simply make crimes legal.”

This, as PubliCola has written previously, is untrue. The legislation would simply allow attorneys (general public defenders) to assert that a client committed a crime to meet an “immediate basic need,” such as the need for food or shelter, as a defense in court. A judge or jury would then consider whether the person’s actions met the burden—did they commit a low-level crime to meet a basic human need, or not?—in determining whether the person’s behavior was criminal or not.

Opponents of a basic-need defense have argued that it will legalize all crime and allow people to ransack the city, particularly downtown businesses hit hard by shoplifting and other low-level offenses. But the fact is that the current policy of demonizing and jailing people who commit low-level survival crimes has not worked to reduce these crimes, nor does it benefit the city to lump all misdemeanors together as if people all commit the same crimes for the same reason. Someone operating a large secondary market in stolen merchandise is not engaging in the same act as someone stealing a loaf of bread from the grocery store. Continue reading “Women’s Shelter Rejected, More Hyperbole About “Basic Needs” Defense, Former Chief Equates Right Wing Riots to BLM Protests”

Basic Needs Defense Prompts Wild Claims, Top Staff Blindsided by Durkan Departure, Another Hiring Delay at Homelessness Authority

1. After listening to public comment from both sides of the debate (one woman, who rattled off the first names of several homeless people she claimed to know, said a guy named “Josh” told her, “The only way you can help me is to arrest me and have me sweat it out”), the council’s public safety committee discussed a proposal from council member Lisa Herbold that would create a new affirmative defense for people who commit crimes of poverty.

The proposal, a version of which Herbold originally proposed as part of the 2021 budget, would enable people who admitted to committing misdemeanor crimes, such as shoplifting or trespassing, to meet a basic human need to use this fact as a defense in court. A judge or jury would then determine whether the defendant actually committed the crime to meet a basic need or not.

The concept has been widely mischaracterized as a plan to “legalize all crime” by conservative interest groups Change Washington and business leaders who claim it would allow people to vandalize small businesses, walk out of stores with armloads of cell phones, and squat on people’s property with impunity. In reality, creating a “basic need” defense would  merely add one more affirmative defense to the list that already exists in city law. Defendants already have the ability to argue, for example, that they committed a crime because they were under duress. Judges and juries then have the ability to agree or disagree with this defense.

These facts didn’t stop public commenters from claiming that creating a new defense would effectively unleash “addicts” and “criminals” on the streets of Seattle. And it didn’t stop council member Alex Pedersen from rattling off a list of extremely implausible scenarios if the bill passed.

The Capitol Hill Organized Protest (CHOP) zone made Seattle a “national embarrassment,” he said—and a basic need defense might do the same, impacting everything from the US Senate races in Georgia to the future makeup of the Supreme Court. Renters, he said, might see their renters’ insurance premiums go up as insurance companies decide en masse to “classify all of Seattle as a high-risk zone.” And how, he wondered, would the proposal prevent criminals “from just coming to Seattle to shoplift because they know they can claim poverty as a defense?” (Never mind that the scenario he’s describing would involve going to jail, getting out, getting an attorney, going to court, and convincing a judge or jury that the defense was valid).

And how, city council member Alex Pedersen wondered, would the proposal prevent criminals “from just coming to Seattle to shoplift because they know they can claim poverty as a defense?”

In any case, Pedersen continued, it makes no sense to address the judicial system’s response to crimes of poverty before the city knows the impact of cuts to police, the outcome of the participatory budgeting process that just got underway, and the details of the next Seattle Police Officers Guild contract. “Let’s first see how these other changes work before this council is immersed in a time-consuming and distracting debate over whether we would be the first city in the US to weaken our laws that protect each other,” he said.

Finally, Pedersen argued that City Attorney Pete Holmes has already said that he doesn’t prosecute crimes of poverty, which means that there’s no reason to even discuss the issue for “one to five years,” the length of Holmes’ current and (likely) upcoming terms.

Herbold is still working on draft legislation. Outstanding questions (outlined in this memo) include whether to narrow the defense to a specific list of misdemeanors, whether to put the burden of proof on defendants to show that they had no choice but to commit a crime, and whether people who shoplift merchandise for resale should be allowed to use the defense.

2. Documents just posted on the website of the King County Regional Homelessness Authority indicate that the timeline for hiring a director for the agency has slipped again, from mid-January to mid-February of next year. Originally, the new homelessness agency—which is supposed to come up with a unified, regional approach to homelessness for the entire county, including Seattle and dozens of suburban cities—was supposed to approve the CEO in September. Continue reading “Basic Needs Defense Prompts Wild Claims, Top Staff Blindsided by Durkan Departure, Another Hiring Delay at Homelessness Authority”

Proposal Would Grant Full Subpoena Power to Seattle Police Accountability Bodies

By Paul Kiefer

On Thursday morning, Seattle Mayor Jenny Durkan and city council member Lisa Herbold announced a new proposal to explicitly grant subpoena power to the Office of Police Accountability (OPA) and the Office of the Inspector General (OIG). Subpoena power would allow the two police accountability bodies to compel testimony from people who were involved in, or who witnessed, police misconduct but refused to testify. It would also allow the two offices to compel witnesses to hand over records and other evidence in police misconduct cases. If witnesses refused to testify or provide evidence, the proposed law would allow the OPA and OIG to turn to the City Attorney’s Office to obtain a court order enforcing the subpoena.

If passed, the legislation would fulfill a three-year-old promise to expand the powers of the OPA and OIG. The city’s 2017 police accountability ordinance explicitly granted the OIG and the OPA the authority to issue subpoenas during investigations if a witness refused to cooperate, but those powers were placed on the bargaining table during the 2018 contract negotiations with the Seattle Police Officers’ Guild (SPOG).

During that process, which largely neutralized the 2017 ordinance, the city’s negotiating team agreed not to implement those elements of the accountability ordinance. Although the contract allowed the city to unilaterally bring SPOG back to the bargaining table to negotiate the OPA and OIG’s right to issue subpoenas, the negotiating team has not revisited the issue.

As a result, although SPD officers have been required to comply with OPA and OIG investigations for the past three years, the two offices have had no legal recourse if a witness decided not to testify. Neither office has needed to issue a subpoena to obtain testimony or evidence from an SPD officer, so the ordinance would be a proactive measure.

In a press release accompanying the announcement, Durkan said the proposal would “set the City on better footing to pursue stronger accountability measures in our collective bargaining agenda for the next round of negotiations with SPOG,” which expires at the end of the month.

Herbold’s public safety council committee will take up the legislation on December 8.

City’s Recession-Era Budget Includes Modest Cuts to Police, Promises of Future Investments in Community Safety

This story originally appeared at the South Seattle Emerald.

by Erica C. Barnett

The Seattle City Council adopted a 2021 budget today that reduces the Seattle Police Department’s budget while funding investments in alternatives to policing; repurposes most of Mayor Jenny Durkan’s proposed $100 million “equitable investment fund” to council priorities; and replaces the encampment-removing Navigation Team with a new program intended to help outreach workers move unsheltered people into shelter and permanent housing. 

And although council member Kshama Sawant, who votes against the budget every year, decried the document as a “brutal austerity budget,” it contained fewer cuts than council members and the mayor feared they would have to make when the economy took a nosedive earlier this year. 

The council received two major boosts from the executive branch this budget cycle. First, the council’s budget benefited from a better-than-expected revenue forecast from the City Budget Office that gave them an additional $32.5 million to work with. And second, Durkan expressed support for the council’s budget, portraying it as a compromise that preserved all of the $100 million she had proposed spending “on BIPOC communities,” albeit not in the form she initially imagined. This show of goodwill (or political savvy) from the mayor signaled a sharp turnaround from this past summer, when she vetoed a midyear spending package that also included cuts to police.

Here’s a look at some of the biggest changes the council made to the mayor’s original proposal. 

Seattle Police Department

The council’s budget for police will be a disappointment to anyone who expected the council to cut SPD’s funding by 50%, as several council members pledged last summer at the height of the protests against police brutality sparked by George Floyd’s murder in May. Council members acknowledged that the cuts were smaller and slower than what protesters have demanded but said that the City is just at the beginning of the process of disinvesting in police and investing in community-based public safety. 

“Our goal is not about what the golden number of police officers is in this moment,” council public safety committee chair Lisa Herbold (West Seattle) said. “It’s about shifting our vision of what public safety is into the hands of community-based responses in those instances where those kinds of responses not only reduce harm but can deliver community safety in a way that police officers sometimes cannot.” 

Council member Tammy Morales (South Seattle), who acknowledged earlier this month that “we will not reach our shared goal of a 50% reduction in one budget cycle,” said that in her estimation, “increasing police staffing wrongly presumes that they can fill the roles” of the “nurses and support staffers and housing specialists” that the City plans to hire in the future.

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Although the 2021 budget does cut police spending by around 20%, the bulk of that reduction comes from shifting some police responsibilities, including parking enforcement and the 911 dispatch center, out of the department. The rest of the cuts are largely achieved through attrition — taking the money allocated to vacant positions and spending it on other purposes. 

For example, the council’s budget funds a total of 1,343 SPD positions next year, down from 1,400 in Durkan’s budget, for a total savings (including a last-minute amendment adopted Monday) of just over $8 million. That money will be removed from the police department and spent on future community-led public safety projects, which will be identified by a participatory budgeting process led by King County Equity Now.

At Monday’s council briefing meeting, some council members expressed hesitation about a last-minute amendment from Mosqueda cutting an additional $2 million from SPD’s budget, noting that the department now predicts it will be able to hire more than the 114 new officers it previously projected for next year. And at least one council member found it odd that the number of SPD employees the amendment predicts will leave next year — 114 — is exactly the same as the number of new hires predicted in the mayor’s budget, for a net gain of exactly zero officers.

“The fact that we are anticipating 114 attritions seems a little cute to me, to be honest, given that the number [of hires] in the [mayor’s] staffing plan … is 114,” Herbold said during the council’s morning briefing. “It just feels like it is an attempt to respond to the call for no new net officers and it confuses the situation, I think.” In the end, only Alex Pedersen, who represents Northeast Seattle, voted against the cuts.

Community Safety

The council’s budget puts $32 million toward future investments in community-led public safety efforts that would begin to replace some current functions of the police department, such as responding to mental health crises and domestic violence calls.  Continue reading “City’s Recession-Era Budget Includes Modest Cuts to Police, Promises of Future Investments in Community Safety”

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.