Tag: Mayor Durkan

Poll: Most Seattle Voters Support Police Defunding

A poll conducted by EMC Research found that a slight majority of likely voters in the upcoming mayoral election support the concept of defunding the Seattle Police Department, although they were divided on how fast and how to make that happen.

The live phone poll, taken between July 22 and July 27, found that 53 percent of likely voters supported the general idea of a plan that would “permanently cut the Seattle Police Department’s budget by 50% and shift that money to social services and community-based programs,” with 36 percent saying they strongly support such a plan. Forty-five percent said they opposed the idea, with 29 percent strongly opposed.

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By wide margins, poll respondents said they trusted Seattle Police Chief Carmen Best over any Seattle elected official, or the “Defund the Police movement,” to make “fundamental changes to SPD while protecting public safety”—61 percent said they trusted Best, compared to 49 percent who said they trusted Mayor Jenny Durkan and 47 percent who said they trusted the City Council or the defunding movement. Interestingly, just 42 percent said they trusted “the Seattle Police Department,” as opposed to Best, to make fundamental changes to SPD.

Researchers also polled people on two messages, one ostensibly representing the perspective of the city council and one ostensibly representing the perspective of the mayor, as well as a third message of general opposition to any cuts to SPD at all. Based on the wording of those messages, people were more likely to agree with the mayor’s purported point of view (“the city council is rushing ahead without any concrete plans”) than the council’s (“he only way to create meaningful change is to dismantle and rebuild SPD from the ground up.”)

However, both statements are misleading in ways that could make people more likely to side with the mayor’s go-slow point of view. The council has not actually proposed cutting the police department in half right away, as the question implies (nor would this be possible, given bargaining requirements and the federal consent decree), nor does the mayor’s current plan propose “fund[ing] alternative approaches to policing including social services and community-based programs.” Instead, the cuts the mayor has proposed would either be on-paper shifts of responsibilities to other departments or savings that would be used to help plug an immediate $300-million-plus budget hole.

I’ve asked EMC to provide more information about the poll, including any additional questions that weren’t included in their nine-page presentation, and will update this post if I hear back.

A separate poll earlier this month, conducted by Patinkin Research on behalf of UFCW Local 21, found that Durkan had a net favorability rating (the difference between the percentage of voters with favorable and unfavorable opinions) of 5 percent, and compared that number unfavorably to an EMC poll from 2018 that showed Durkan with net favorability rating of 38 percent. Since polls of different groups of voters by different firms are not directly comparable, additional information from EMC could shed light on how voters view the mayor now compared to two years ago.

City Considered, and Rejected, “Voluntary Relocation” Policy for Homeless Encampments

An encampment on South King Street, just prior to removal. Within days, tents had popped up a block away on South Jackson Street.

Seattle’s Navigation Team, a group of Human Services Department staffers and Seattle police officers that removes homeless encampments from parks and other public spaces, considered formally adopting a new policy under which homeless people removed from one location would be told to “voluntarily relocate” to another spot, either “self-selected” or identified by the city, internal memos and emails obtained through a records request reveal.

The discussions took place in April, as HSD, the parks department, and the mayor’s office discussed how to deal with an encampment near the Navigation Center, a low-barrier shelter that is perennially full.

In an April 16 memo to deputy mayor Casey Sixkiller, HSD director Jason Johnson laid out a plan in which the Navigation Team would “encourage and support individuals residing on the [Navigation Center] stairs to accept shelter resources or to voluntarily relocate to a wide stretch of sidewalk at S Dearborn St & 10th Ave S.”

Congregate shelters at Garfield and Miller Community Centers, and at the Southwest Teen Life Center in West Seattle, are scheduled to shut down on August 24, and it’s currently unclear where the homeless men (Miller), women (Garfield) and young adults (Teen Life) will go.

The site was chosen, according to the memo, because it was wide enough to allow some pedestrian access, close to a proposed hygiene station, and accessible for emergency and sanitation workers. (Other emails indicate that the Navigation Team also considered identifying “a large parking lot that people can be directed to camp in” after being removed from around the Navigation center). In an email to Navigation Team members and HSD staffers expanding on the memo, Navigation Team director Tara Beck indicated that people living in encampments slated for removal would be told to “self-select areas to relocate to”—a more politic way of saying, “Move along.”

Before the pandemic, the Navigation Team removed dozens of encampments every month, avoiding a legal requirement that they provide advance notice and offer shelter and services to every encampment resident by designating most encampments as “obstructions,” which are exempt from those requirements.

Since mid-March, in recognition of the fact that moving people from place to place could accelerate the spread of the virus, the team has only conducted a handful of large-scale encampment removals. After each such operation, the city has said that every unsheltered person remaining at a location on the day of a swee received a legitimate offer of shelter that was accessible and appropriate for their specific circumstances. Nonetheless, it’s an easily observable fact that encampments tend to come back after they’re removed, a sign that people either aren’t actually showing up in shelter or aren’t staying there.

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The proposal to formalize the city’s informal practice of shuffling people from place to place, had it been adopted, would have been a rare, if tacit, admission that the city can’t accommodate the needs of all the people living on its streets within the current shelter system. Moreover, by conceding that the best they are able to offer many homeless people is a different camping spot, the city would have also had to acknowledge that it would rather have people living in tents on sidewalks during the COVID-19 pandemic than offer them space in vacant motel rooms, as many other cities across the country—but not Seattle—have done.

Ultimately, the city decided not to adopt the new “voluntary relocation” policy. According to HSD spokesman Will Lemke, in the case of the Navigation Center encampment, HSD “opted to offer shelter and service rather than suggest that people move nearby.” But the discussions that took place back then shine a light on the city’s early thinking about how to deal with encampments at a time when they are temporarily unable to simply declare encampments “obstructions” and remove them.

The tension over how to deal with the 8,000 people experiencing homelessness in Seattle—a number that could soon swell as unemployment benefits dry up and eviction moratoriums end—isn’t going to let up. Currently, the Navigation Team has exclusive referral rights to most of the 95 new shelter and tiny house village beds that opened in response to the pandemic. If encampment removals start up again in earnest, those 95 beds won’t just be inadequate—they’ll be overrun.

As the pandemic drags on into its seventh month, the city is actually preparing to close shelters at community centers that were originally opened as “redistribution” sites for existing shelters where conditions were too crowded. Congregate shelters at Garfield and Miller Community Centers, and at the Southwest Teen Life Center in West Seattle, are scheduled to shut down on August 24, and it’s currently unclear where the homeless men (Miller), women (Garfield) and young adults (Teen Life) will go.

The proposal to formalize the city’s informal practice of shuffling people from place to place, had it been adopted, would have been a rare, if tacit, admission that the city can’t accommodate the needs of all the people living on its streets

One place they won’t be moving is to the enormous “shelter tent” that deputy mayor Sixkiller said was coming back in April. The tent was supposed to provide shelter for up to 250 clients of the Salvation Army, which is currently operating shelters out of City Hall and in Seattle Center.

Documents obtained through a second records request show the enormous cost and size of the tent, which would have been provided by Volo Events, “a leading producer of live events and experiential marketing agency” and cost nearly $1 million—just for the tent—for two months. The 30,000-square-foot tent was going to be set up inside another structure—most likely Memorial Stadium.

Battle Over Budget Transparency Illustrates Deeper Rifts Between Seattle Mayor and Council

It’s probably another sign of the frayed relationship between most members of the Seattle City Council and Mayor Jenny Durkan that the big meta-budget dispute playing out in council chambers right now is how much the mayor and her budget office know about the details of midyear cuts the mayor is proposing and how much they’re telling the council, which has to approve a final package of midyear budget cuts based on more than a dozen pieces of legislation the mayor sent them earlier this month.

Yes, how much to cut the police department (and whether the mayor’s proposed “cuts,” for this year and next, are meaningful or merely cosmetic) remains the most pressing single budget issue. But the cuts the city has to make this year—and then replicat and expand in 2021—are largely in other departments that aren’t currently in the headlines, and the debate over the mayor’s proposals is also a debate about discretion and how much of the budget is actually on the table for the council to tinker with.

On Thursday morning, city council central staff director Kirsten Arestad said central staff will develop a new budget tool—essentially, a balancing worksheet—that will show exactly what is in the mayor’s midyear budget-cutting package, including “administrative cuts” the mayor has made that are not reflected in the legislation she sent to the council. The tool will also take a baseline forecast (the June revenue forecast, which added another $11.4 million deficit to the May forecast on which Durkan’s balancing packaged is based) and use it as the basis of the balancing package. The worksheet will also indicate more clearly the gap between revenues (including COVID-related federal funding) and expenditures (including unanticipated costs related to the pandemic), Arestad said.

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One reason all this extra work is necessary, according to Arestad, is because not all of the cuts Durkan made to the budget show up in the legislation she sent the council, which only includes cuts the council has to act on, making it “difficult to clearly see the full picture” of the budget and “almost impossible for individual council members to determine, as they’re making amendments, ‘Where can I take money, is this being double counted, how does this impact other fund balances, the levy exchanges, how we dip into the emergency funds, and so forth’.”

The budget office doesn’t see it this way. They say they have provided all the information the council has asked for—including not just specific line-item cuts but a list of cuts the mayor considered and rejected (scroll down)—and that the disagreement is actually more fundamental than a simple question of transparency. “We did not and were not intending to send down an entire new budget proposal,” budget director Ben Noble says, or relitigate the entire 2020 budget. But that, he argues, is exactly what the council is trying to do.

So why is this debate ultimately more illustrative than substantive? For one thing, a council that had a healthy relationship with the mayor could have communicated their confusion and need for more information behind the scenes, instead of having the director of Central Staff read a letter for the record; and a mayor who had a healthy relationship with the council could have figured out what information the council wanted and figure out a way to provide it, instead of sending down a dozen pieces of legislation that included gaps that were sure to frustrate a council primed to look for budget trickery.

The second reason this debate is largely symbolic is that the line items the council wants to add (and make up for by cutting from other parts of the budget) are—again, setting the police budget aside—relatively minor strictly from a spending perspective, and many of them will depend on departments (which answer to the mayor) agreeing to voluntarily start the hiring process this year for positions that have been frozen since March, at the risk of having to lay them off at the beginning of next year. Continue reading “Battle Over Budget Transparency Illustrates Deeper Rifts Between Seattle Mayor and Council”

Seattle Mayor’s Proposal To Move Police Investigations Out of SPD Could Have Unintended Consequences

As calls to defund the Seattle Police Department continue, Mayor Jenny Durkan has proposed moving about $56 million out of the Seattle Police Department’s budget into other parts of the city budget—a ledger swap that could actually cost the city more money than the current system and could, advocates say, actually weaken the accountability system.

When announcing the transfers, Durkan’s office described the changes as “actions to transform the Seattle Police Department and reimagine community safety” by responding to requests from community stakeholders. However, it’s unclear where the impetus for the specific changes the mayor proposed—moving 911 dispatch, the Office of Police Accountability, and the Office of Emergency Management out of SPD—came from.

OPA is the city agency that conducts police misconduct investigations. Under the mayor’s proposal, it would move out of SPD and become its own department, most likely reporting “directly to the Executive and Council,” a spokeswoman for Durkan, Kelsey Nyland, says. “Our hope is that by making them a separate office from SPD, there will be an increase in community confidence in their independence from SPD.”

When asked where the mayor got the idea to move OPA of SPD, specifically, Nyland pointed to the “Blueprint for Divestment” produced by King County Equity Now and Decriminalize Seattle, which includes these three items at the end of a long list that includes a hiring freeze, the elimination of the Navigation Team, the elimination of community outreach implicit bias training, and communications, and the elimination of overtime pay.

The agencies that deal with police accountability, including the Community Police Commission—an independent oversight body—and the OPA itself, were apparently not consulted about the change or asked whether they had concerns. (The CPC only received notice about the changes the mayor was proposing a few minutes before her public announcement). But three years ago, when police accountability advocates like the CPC, the ACLU, and the Public Defender Association were crafting a sweeping police accountability bill, they explicitly kept OPA under SPD’s aegis because doing so allowed them direct access to unredacted SPD files and to SPD personnel.

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Retired judge Anne Levinson, the former OPA auditor whose recommendations for improvements to the accountability system were endorsed by the CPC in 2014 and incorporated into the 2017 accountability legislation, says the point of that ordinance was to create a firewall between the accountability agencies and SPD while preserving their direct access to data and records, case management systems, 911 calls, and other records.

“The usual progressive position is that in order to accomplish that, they also need to be totally outside of the department,” Levinson says—”not under the department’s organizational umbrella. But when we looked at others across the country, we frequently saw not only were they not well-resourced, but they did not have full, , immediate, and unfettered access to all the information they needed to do thorough investigations. Some have to issue subpoenas or public records requests just to get basic evidence. So we said that until the City can ensure no loss in full, direct, and unfettered access to systems and evidence, OPA should not be moved to a stand-alone City agency. It makes a very significant difference.”

Nyland says that maintaining “unfettered access to SPD data and case files” is the “north star” for Durkan, one that could potentially be achieved by by creating a new “data-sharing system between SPD and OPA” and amending the accountability ordinance.

Public Defender Association director Lisa Daugaard, who served on the CPC and worked on the 2017 law, says that “similar civilian-led oversight bodies in other cities have had extreme difficulty getting access” to records in a timely fashion and have had to resort to subpoenas. “Subpoena power still leaves the agency at arm’s length and taking a shot in the dark about what to ask for,” she says. “It’s extremely helpful that OPA can access the records and data it needs from within the organizational structure.”

OPA director Andrew Myerberg, who at the city attorney’s office in 2017 and worked on the bill, recalls that “the decision was made unanimously [in 2017] to keep OPA in SPD” in order “to preserve access to data and people.”

Myerberg says that not only would the changes likely be subject to collective bargaining (something Durkan acknowledged in her announcement), they would also require approval under a federal consent decree and amendments to the 2017 ordinance. For example, although moving OPA out of SPD could increase community confidence in its independence, Myerberg says, the legitimacy of OPA decisions might be called into question if no one from SPD is in the room when OPA is reviewing investigations. Continue reading “Seattle Mayor’s Proposal To Move Police Investigations Out of SPD Could Have Unintended Consequences”

Seattle Police Chief to Mayor: Take Cops Out of the Process for Diversion Referrals

LEAD has identified a number of potential clients for its COVID-era hotel-based program living in tents along 2nd Ave. Ext. S.

For months, the Public Defender Association’s Law Enforcement Assisted Diversion program, which has pivoted during the COVID pandemic to a hotel-based model (called Co-LEAD) that connects unsheltered people to resources, have been unable to enroll living in encampments in Seattle, although they have had success in Burien and with people leaving the King County Jail. The reason for the lengthy delay is that the Seattle Police Department, which serves a gatekeeper role for most LEAD functions, has not signed off on the list of people LEAD wants to enroll. As a result, dozens of hotel rooms that could shelter new LEAD clients have been sitting empty for months while LEAD has waited for SPD’s approval.

SPD isn’t happy with their role in this process, either. Last week, Police Chief Carmen Best joined the chorus of advocates asking Seattle Mayor Jenny Durkan to remove police from LEAD referrals and let LEAD enroll clients directly. In an email to Durkan’s homelessness advisor, Tess Colby, Best wrote:

“I’m interested in reconsidering the requirement that police OK every referral to LEAD and Co-LEAD services. These services are needed throughout our community, and it doesn’t seem sensible to require us to approve it before people get the help they need.

“In any event, due to staffing pressures and COVID-19 health constraints, we aren’t likely to be able to prioritize this for the indefinite future. But beyond that, this is the type of work most people in Seattle think the police don’t need to take the lead on. I’d appreciate seeing this change.

“Currently, we do not have the capacity to keep the level of response that we would like toward the LEAD program based on the current environment.

“I’m sure you understand the complexity and gravity without further explanation, but call me if there is a question.”

During last week’s budget committee meeting, council public safety chair (and longtime LEAD ally) Lisa Herbold said she was drafting a budget proviso to withhold funding for LEAD if police approval continues to be required for enrollment in the program.

LEAD began as a pre-arrest diversion program for people involved in low-level drug and prostitution crimes—to “interrupt the flow of people at  mass scale into jails and prisons and courts, and instead connect them to really high-quality care,” PDA director Lisa Daugaard says. Over time, though, the program evolved to the point that police are no longer needed to “intercept” potential clients, and in fact can be an impediment to enrolling people in a low-barrier, trauma-informed social service program.

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In the COVID era, Daugaard says, police “just don’t have the bandwidth to play that [gatekeeping] role at the volume that would be required, and to create that bandwidth, they would have to move in the exact opposite direction as the community conversation [about defunding the police] would suggest, which is to have more police involvement for no other reason than the system’s own needs.”

Mayor Durkan has consistently opposed LEAD’s requests for additional funding and authority. During the most recent budget cycle, Durkan declined to provide LEAD with the funding the program needed to fulfill an expansion mandate from the city, then, after losing that budget battle withheld the additional funding for months, leaving LEAD without a contract well into the COVID-19 pandemic. Since then, the mayor has continued to quietly stymie the program, declining to approve a list of people living unsheltered in Pioneer Square for the program. Instead, the city provided a months-old old list of so-called “prolific offenders,” whose current locations are unknown, and gave LEAD permission to enroll those people in the new COVID-specific program.

The mayor’s office did not respond to emails sent Wednesday and this afternoon. I’ll update this post if I hear back.

Mayor’s Office: Cutting Police by 50% This Year Would “Require the City to Abolish the Department”

On Wednesday morning, just before the council discussed options for cutting the Seattle Police Department budget by as much as 50 percent, senior deputy mayor Mike Fong sent a letter to council members urging them against such “blunt efforts.” Instead, Fong said, the council should approach the process of “re-envisioning policing” in a more “thoughtful” way, with a process of “structural reform” that would stretch well into 2021 and beyond.

“SPD has already spent half of its $400 million annual budget by now, so a $200 million cut (or 50% of SPD’s budget) would leave the department with zero budget remaining for 2020 and require the City to abolish the department,” Fong wrote.

A “$100 million reduction (or 25% of SPD’s budget),” he continued, “would mean immediate layoffs of up to 1,000 personnel leaving [police] Chief [Carmen] Best and the Seattle Police Department unable to conduct basic functions.  In addition, it would be irresponsible to make immediate cuts without any conceivable mechanism to stand up alternative models to achieve community safety. …  [T]he Executive does not think that simply making target cuts in SPD’s budget, without looking at the work or personnel being done/cut or the ability to have others do the work, will advance community safety.”

Durkan has consistently responded to demands that the city defund SPD by promising to “reimagine” the role of the police and brushed off protesters’ three high-level demands—immediately defund SPD by at least 50 percent, reinvest that money in community-based approaches to safety, and release all jailed protesters—as naive or unrealistic. Fong’s email, for example, says the cuts advocates are proposing are “not informed by any analysis or considerations of the underlying functions and services that SPD currently delivers.”

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Instead of immediate cuts, Durkan has proposed a multi-step process before making any kind of structural changes to the department, including community “engagement and further [interdepartmental] analysis [that] will lead to additional recommendations for SPD reforms and alternative models for service delivery,” as Fong’s letter puts it.

This commitment to further “reform” and a process of community engagement led by the city is unlikely to satisfy advocates and abolitionists pushing for immediate cuts and systemic changes. Nor is it likely to satisfy the council, which was talking on Wednesday about phasing in cuts of perhaps $85 million—”the back of the envelope figure,” according to council budget committee chair Teresa Mosqueda—to be coupled with investments in community-based programs, including a new 911 system that would replace police with community responders on non-criminal calls.

By arguing for a slower approach and emphasizing reform and “re-envisioning” (as Fong’s letter puts it), the mayor’s office is committed to an incrementalism that many on the council—which amends and approves the mayor’s budget—have already rejected. Durkan’s proposal to cut $20 million from the police budget this year, as I’ve reported, only represents an additional cut of $4 million over what she proposed to the council before protests against police violence broke out in the wake of George Floyd’s murder in May. As SPD has acknowledged, the department has already met all its hiring goals for 2020, so Durkan’s proposed cuts won’t impact the number of police on the streets.

Like most police departments, SPD is a unionized institution of highly paid workers who are generally resistant to cuts or policy changes. Even getting officers to move so-called “mourning bands,” black tape strips used to signify the death of a colleague (in this case, a member of the State Patrol who died in March), to a place where they do not obscure badge numbers has apparently been a major challenge, despite legislation requiring them to do so.

In his letter, Fong suggests that union rules that protect officers with seniority would lead to the department cutting “some of our younger and most diverse officers” first, “defeating the hard work done to recruit officers that reflect and serve their communities.” Advocates coming forward with proposals for systemic change are unlikely to be moved by such arguments, especially when they imply that community organizations have not thought their own priorities and proposals through.