Tag: Monisha Harrell

A Month After “Operation New Day” Crackdown, Impacts on Crime Remain Unclear

The Seattle Police Department’s Mobile Precinct on Third Avenue in downtown Seattle.

By Paul Kiefer

A month has passed since the Seattle Police Department moved its mobile precinct to the intersection of Third Ave. and Pine St. in downtown Seattle, scattering an open-air market for drugs and stolen merchandise that had recently been the scene of two murders.

SPD has maintained a presence at the intersection since then as part of a push to crack down on crime downtown called Operation New Day, mostly making arrests for shoplifting and other misdemeanor crimes. Unlike a similar crackdown in the Little Saigon neighborhood in February, there have been few felony arrests in the long-troubled area. Meanwhile, the social services that Seattle Mayor Bruce Harrell said would follow the sweep at Third and Pine are still on hold.

Senior Deputy Mayor Monisha Harrell says that the relative scarcity of felony arrests doesn’t tell the full story. “Felonies take a while—you’ve got to build those cases,” she said. Unlike at 12th Ave. and S. Jackson St. in Little Saigon, where federal law enforcement began investigating a similar illicit market and a pattern of EBT fraud long before SPD cleared the intersection, Harrell said the sweep of Third and Pine was a direct response to the shootings on February 27 and March 2 that killed 52-year-old Reno Maiava and 15-year-old Michael Del Bianco, respectively. SPD later arrested suspects in both shootings, though neither arrest took place on Third; officers tracked Maiava’s killer to a Tukwila motel, while Del Bianco’s killer turned himself in at SPD’s West Precinct.

Deputy Mayor Monisha Harrell disputes that the sweeps in the downtown core fueled an increase in violence elsewhere. “People’s perceptions and urban myths are not always fact,” she said.

Harrell added that while SPD is still working with federal partners to make drug arrests in the area, the investigations require patience. “We’re not trying to get the low-level dealers,” she said. “We’re trying to get the folks who are a little further up the food chain, and you can’t put that on a calendar.”

Judges have already released many of the people arrested at both Third and Pine and 12th and Jackson; one man released by a King County Superior Court judge after his arrest in Little Saigon reappeared along Third, where SPD officers arrested him again for drug possession and carrying a gun illegally. According to Harrell, the repeat arrests have frustrated some prosecutors. “What I’m hearing from prosecutors is that they’re making their best cases and their strongest recommendations” to judges, she said, “and sometimes they’re feeling unheard.”

According to US Attorney Nick Brown, finding a “high-level” drug dealer at an intersection like Third and Pine—or at any of the encampments in greater downtown that SPD has swept in the past two months—is unlikely. Most of the dealers whose crimes could rise to the federal level, he says, “are, in fact, not Washingtonians. … Most of the people we identify as significant in those cases are not even in Seattle; many are in Mexico or California. Those that are here only come for a short period of time.” Brown’s office has the discretion to decide which cases rise to the federal level; the King County Prosecutor’s Office handles the vast majority of felony cases. So far, Brown’s office has taken four cases from the crackdowns in Little Saigon and along Third Ave.

In the view of some skeptics of the operation, most of the behavior drawing negative attention at Third and Pine doesn’t rise to the felony level. “Most of what people complain about aren’t felonies,” said Kevin Toth, a social worker with the King County Department of Public Defense. “Drug dealing, sure. Robberies, shootings, also, yes. But most of the atmosphere down there is the result of lawful behaviors or misdemeanors at worst.”

Meanwhile, the operation at Third and Pine has re-opened the direct line between police officers and the Public Defender Association-run program LEAD, the city’s primary diversion option for people who commit crimes related to behavioral health issues or extreme poverty. LEAD’s early model relied on referrals from arresting officers—so-called “arrest diversions”—but in the past two years, the program shifted focus, relying instead on community groups, business organizations, outreach workers and prosecutors to refer clients for diversion. Community referrals don’t create an arrest record—one reason the program began shifting away from arrest diversions to begin with.

However, according to LEAD project director Tara Moss, that trend is reversing. “We’re now seeing the current mayor’s office and SPD leadership break the logjam and start sending LEAD referrals again” after a two-year pause on arrest referrals, she said. In 2021, LEAD received one arrest diversions; this year, the program has received eight arrest diversions. Moss also noted that while the program currently has some “capacity issues” as a result of a new wave of referrals, she anticipates that LEAD will be able to take on more clients later this year.

Since officers haven’t done arrest diversions in years, Harrell said, SPD is currently retraining officers on how to engage with LEAD and introducing officers hired in the past two years to the program for the first time.

SPD did not arrest everyone at the open-air market on Third and Pine; some scattered to nearby corners, to Pioneer Square, or to other parts of the city. V, an organizer with the drug user solidarity group DUST, says that dispersing people—many of them unhoused—across the city by sweeping corners like Third and Pine can create tension in the places where those people land. “[It] puts a strain on the homeless people in each neighborhood because the service providers there have limited capacity,” they said.  Newcomers can trigger conflicts, V added, that can escalate into violence.

The weeks following SPD’s clearance of Third and Pine have not been peaceful. Eighteen people were shot or stabbed in the past month or so, most of them in or near encampments; in response to some of those shootings, the city cleared encampments in Chinatown, Little Saigon, and the University District. But Harrell disputes that the sweeps in the downtown core fueled an increase in violence elsewhere. “People’s perceptions and urban myths are not always fact,” she said. In Ballard, for instance—the site of two shootings, one of them fatal, in the past month—the deputy mayor said that a pattern of gun violence long predates the crackdowns in downtown Seattle. Continue reading “A Month After “Operation New Day” Crackdown, Impacts on Crime Remain Unclear”

Outdoor Seating Is Here to Stay, City Extends Hiring Deadline for Police Accountability Director, “Seattle Nice” Debates “Operation New Day”

Councilmember Dan Strauss, at La Carta de Oaxaca in Ballard
Councilmember Dan Strauss, at La Carta de Oaxaca in Ballard

1. Back in 2013, when the city opened its first “parklet” in two former parking spaces on Capitol Hill, opponents (like this guy, who called the city “vehemently, virulently anti-car”) claimed that repurposing parking spaces for non-car uses would lead to all kinds of calamities, including lost parking revenue, traffic congestion, and the collapse of business districts—after all, why would anyone go to a business if they couldn’t park out front?

Parklets eventually caught on, and none of the dire consequences opponents predicted came to pass—in fact, the outdoor seating made business districts more appealing by bringing people into areas that used to be choked by cars. During the pandemic, the city decided to expand the program (allowing larger, more permanent structures) and make it free, providing safe, semi-permanent spaces for restaurants and bars to operate and helping businesses that might otherwise have closed.

Sitting under one of these temporary outdoor structures outside the La Carta de Oaxaca restaurant in Ballard Tuesday morning, Mayor Bruce Harrell signed legislation sponsored by District 6 Councilmember Dan Strauss to extend the program until January 31, 2023, with a goal of making it permanent. Eventually, Strauss said, the city will start charging for the permits and impose design standards for street dining structures, but that it won’t be “the same amount as [revenue from] five parking spots”—the pre–pandemic cost. “We don’t want to rush and jump to conclusions about how much a permit should cost or what the design standards should do,” Strauss said.

In a sign of how much things have changed since the parklet program started, only one reporter asked how making the program permanent would impact “parking and traffic congestion,” and Strauss responded with a hand wave. Gesturing to cars parked across the street, Strauss said, “As you see, we are having both the ability to have people eating outside and to park their cars. There’s many parking stalls here. What we also see here in Ballard is with increased density, we have more people living close to [businesses]”—people who don’t need to drive.

2. Seattle’s Office of Police Accountability won’t have a new permanent director until this summer at the soonest, giving the mayor’s office and city council time to launch a national candidate search for the high-profile role. Former OPA Director Andrew Myerberg left the office in January to join Mayor Bruce Harrell’s office as the new Director of Public Safety; Dr. Gráinne Perkins, an adjunct professor of criminology at Seattle University and a former detective in the Irish Police Service, currently runs the OPA as interim director.

During a city council public safety committee meeting on Tuesday, committee chair Lisa Herbold said the council will waive the standard 90-day deadline for the mayor to appoint a replacement for a departing OPA director; ordinarily, if the mayor misses the 90-day deadline, the public safety committee is responsible for appointing a new director. Instead, Deputy Mayor Monisha Harrell said her office will hire a recruiting firm that specializes in police oversight positions, with a goal of identifying six candidates and starting to interview them by May 27.

Deputy Mayor Harrell added that the next OPA director will need to be a “special unicorn” who can navigate increased public scrutiny of police oversight agencies. During Myerberg’s four years at the OPA, police accountability advocates criticized his  cautious approach to investigating police misconduct—particularly allegations of excessive force, which Myerberg argued were rarely black-and-white enough to justify firing an officer. Myerberg said he was wary of recommending discipline that officers could get overturned on appeal; his wariness may be one reason for the overall decline in the number of disciplinary appeals filed by Seattle police officers over the past five years.

Harrell added that her office will also form a committee, which will include members of Seattle’s Community Police Commission, to review the OPA director’s job description. In the past year, the CPC has increasingly challenged the OPA for what it views as inadequate disciplinary recommendations in high-profile misconduct cases.

3. This week on the Seattle Nice podcast, Erica and political consultant Sandeep Kaushik debate the merits of Mayor Harrell’s “Operation New Day” effort to crack down on crime in downtown Seattle. Continue reading “Outdoor Seating Is Here to Stay, City Extends Hiring Deadline for Police Accountability Director, “Seattle Nice” Debates “Operation New Day””

Office of Police Accountability Director Joins Harrell Cabinet as Public Safety Advisor

Public Safety Director Andrew Myerberg

By Paul Kiefer

Andrew Myerberg, the director of Seattle’s Office of Police Accountability, will join Mayor Bruce Harrell’s cabinet as the new director of public safety. In his new role, Myerberg will serve on the mayor’s bargaining team during contract negotiations with police unions, draft changes to Seattle Police Department policies, and advise other city departments as they stand up new civilian alternatives to policing.

Myerberg will report to Senior Deputy Mayor Monisha Harrell, who previously served as part of the monitoring team appointed by a federal judge to oversee reforms to the Seattle Police Department. On Wednesday, Senior Deputy Mayor Harrell told PubliCola that she will share most of her “broad portfolio” of responsibilities with Myerberg.

Both the deputy mayor and Myerberg will also sit at the bargaining table as the city negotiates new contracts with Seattle’s two police unions. Bargaining with the Seattle Police Management Association (SPMA), which represents police captains and lieutenants, began last year; negotiations with the Seattle Police Officers’ Guild (SPOG), which represents officers, detectives and sergeants, is expected to begin later in 2022.

The city’s most recent contract with SPOG expired in 2020, and police reform advocates see the next contract as the key to implementing a slate of oversight measures that the last contract blocked. After the departure of Ned Burke, the city negotiator responsible for bargaining with SPOG, in October, Myerberg is one of the few remaining city staffers with expertise on law enforcement union contracts. Myerberg was also heavily involved in the development of the city’s landmark 2017 accountability ordinance, which the most recent SPOG contract largely defanged.

At a press conference Wednesday, Mayor Harrell said that he views Myerberg as “someone who knows police accountability, who knows police reform, [and] who knows how situations play out in real time.”

Myerberg faced criticism this week from the public and members of the Seattle City Council over his handling of an investigation into a disinformation campaign by a group of Seattle police officers during protests for racial justice in June 2020.

The OPA completed its investigation of the incident in September, finding a now-retired captain responsible for ordering the disinformation campaign, but the office did not release its findings until last week. During a presentation to the city council’s public safety committee on Tuesday morning, Myerberg faced questions from council members about the delay, as well as about his recommendation that SPD not discipline the rank-and-file officers who spread disinformation through SPD radio channels at the behest of their supervisors. One of those officers subsequently left the department only to rejoin SPD a month ago.

Police accountability advocates frequently criticized Myerberg for being too lenient, in their view, with officers accused of misconduct. Most of the criticism centered on his handling of excessive force cases, which Myerberg argued are rarely black-and-white enough to merit firing an officer. In an interview with PubliCola in February 2021, Myerberg said that he was reluctant to push for harsher consequences because he was wary of spurring officers to appeal their cases to an arbitrator.

“It’s difficult to jump up to termination or suspensions if you haven’t done that in the past,” he said, “because if I’m not consistent, the discipline could be overturned on appeal.” Myerberg sometimes had similar reservations about upholding bias allegations against officer, particularly when complaints center on the ways that officers’ unconscious biases manifest in their interactions with the public.

Myerberg’s efforts to avoid having discipline overturned on appeal may be one reason for the overall decline in the number of disciplinary appeals filed by Seattle police officers over the past five years. But Myerberg’s successor could reverse that trend, using the risky appeals process to attempt to stake out stricter standards for police conduct.

Harrell will be responsible for appointing the next OPA director, who will also need a confirmation vote from the city council. The mayor’s office has not yet named a temporary director for the office.

Harrell Announces Key Staff, Veteran Budget Director Departs, Council Adopts New Rules and Transparency Requirements

1. Mayor-elect Bruce Harrell announced a list of top staff on Monday headlined by his campaign manager, niece, and now incoming senior deputy mayor Monisha Harrell.

But the biggest throughline in Harrell’s list of appointees wasn’t family—Harrell, who was omnipresent during her uncle’s campaign, was widely expected to take on a key role in his administration—but the elevation of so many longtime insiders to top roles in the new administration.

Of the ten appointments announced yesterday (and an eleventh, Chief of Staff Jennifer Samuels), all but one are current or recent city of Seattle staff, and half are current appointees or allies of outgoing Mayor Jenny Durkan.

Tiffany Washington, the former head of the city’s Homelessness Strategy and Investment division, is currently Durkan’s deputy mayor, and will continue in that role under Harrell. Julie Dingley, the incoming interim budget director (more on that in a minute), is Durkan’s interim Innovation and Performance director and the former lead budget staffer in Durkan’s office. Adiem Emery, the new Chief Equity Officer (“tasked with delivering on the mayor-elect’s vision to make tangible progress embedding equity across City departments and programs,” according to a a press release), is currently a division director at SDOT.  Pedro Gómez, the incoming head of external affairs, is currently director of Small Business Development for the Office of Economic Development. Harrell’s longtime council aide Vinh Tang works in the city’s IT department.

And former city council member Tim Burgess, who will head “strategic initiatives” in a position listed just below Harrell’s two announced deputy mayors, is a longtime Durkan ally—and, of course, Harrell’s former colleague.

Filling out the list are several longtime insiders who worked elsewhere in the city or are returning after an absence. Chief operating officer Marco Lowe (who will focus “on driving efficiencies in Seattle’s public utility agencies, making Seattle government more transparent and accessible, and streamlining housing and infrastructure construction,” per the press release) worked in two mayoral administrations; policy director Dan Eder is deputy director of the city council’s central staff; and chief of staff Samuels worked for Harrell’s council office.

In fact, besides Monisha Harrell—who serves as deputy monitor overseeing the federal consent decree over the Seattle Police Department—the only City Hall “outsider” on Harrell’s team is former Seattle/King County NAACP leader Gerald Hankerson, who will be Harrell’s external affairs liaison.

“One of the issues over the past few years on the council is that it hasn’t always been completely clear when a deputy of the mayor is speaking for the mayor, and I don’t think there will be any ambiguity at all that when Monisha speaks, she is speaking for her uncle. I think that’s one of the advantages of having a family member in a position like that.”—City Councilmember Andrew Lewis

City Councilmember Andrew Lewis, a member of the public safety subcommittee of Harrell’s transition team, said he has “a lot of confidence in [Monisha Harrell’s] commitment” to pursue non-police responses to emergency and crisis situations. “That’s the real nucleus for moving forward on this intractable argument that we’ve had around what the future of policing is going to be—how can you set up response alternatives?” Lewis said.

The city’s ethics code only raises conflict-of-interest alarms when a city employee supervises an “immediate family member,” which does not include nieces or nephews. (King County’s law is both more prescriptive—the Harrells would be considered each other’s “immediate family”— and slightly more vague.) Former mayor Charley Royer, who served three terms, appointed his brother Bob deputy mayor in 1978, a position the younger Royer held for more than five years.

Lewis said he believes having a mayor and deputy mayor who are related could be an asset. “One of the issues over the past few years on the council is that it hasn’t always been completely clear when a deputy of the mayor is speaking for the mayor, and I don’t think there will be any ambiguity at all that when Monisha speaks, she is speaking for her uncle,” Lewis said. “I think that’s one of the advantages of having a family member in a position like that.”

2. Seattle City Budget Office director Ben Noble announced last week that he is leaving the city after more than 20 years. A longtime city council central staffer who became central staff director in 2006, Noble took over the reins at the budget office in 2014 under Mayor Ed Murray and continued in the position under Durkan, where he often found himself on the opposite side of testy exchanges with his former colleagues over Durkan’s approach to budgeting.

In recent years, Durkan repeatedly attempted to fund her own annual priorities using funds that had already been committed to other purpose (in one case, by Durkan herself), sparking heated debates between the council and the budget office. Last year, Durkan vetoed both the budget and legislation funding COVID relief, both times unsuccessfully.

City Councilmember Alex Pedersen prevailed Monday on a change to the city council’s rules that will allow him (and other council members) to abstain rather than vote on council resolutions unrelated to city business, like the one praising Cuba for its response to the COVID pandemic last year

In a letter to city staff, Noble provided little detail about why he is leaving, calling it “very much a personal decision.” Whatever prompted it (former colleagues speculated burnout, but Noble demurred), his departure opens up a major position in the Harrell administration—and represents a significant loss of institutional knowledge, brainpower, and longstanding relationships between the executive and legislative branches.

3. City Councilmember Alex Pedersen prevailed Monday on a change to the city council’s rules that will allow him (and other council members) to abstain rather than vote on council resolutions unrelated to city business, like the one praising Cuba for its response to the COVID pandemic last year. The legislation was part of a package of council rule changes that will, among other things, move City Council meetings to Tuesdays and limit the amount of time council members can speak to a pending motion. The new rule, which Councilmember Lisa Herbold opposed as vague and open to “unintended consequences,” says that council members can abstain from any resolution that, according to the council president, “does not pertain materially to the City of Seattle.”

Pedersen has long complained that nonbinding resolutions, many of them proposed by his ideological opposite Kshama Sawant, are pointless wastes of the council’s time; in early 2020, he proposed and passed a sarcastic resolution condemning “all forms of oppression affecting communities throughout the world—a response to a Sawant resolution in on national policy in India and Iran.

4. Pedersen cast the lone “no” vote against legislation that will require incoming city attorney Ann Davison to notify the council within 90 days of making changes to, or eliminating, the city’s pre-filing diversion programs, and provide quarterly reports to the council about the effectiveness of diversion. Continue reading “Harrell Announces Key Staff, Veteran Budget Director Departs, Council Adopts New Rules and Transparency Requirements”