Tag: Office of Police Accountability

Assistant Chief Who Ordered Abandoning East Precinct Cleared of Wrongdoing

SPD East Precinct, June 2020

By Paul Kiefer

Seattle’s Office of Police Accountability released findings on Monday afternoon clearing former Seattle Police Chief Carmen Best and current Assistant Chief Tom Mahaffey of wrongdoing in the evacuation of the department’s East Precinct last June.

Questions about the decision to abandon the precinct swirled for more than a year without any clarity from the department until KUOW published an investigation in July that identified Mahaffey—the commander in charge of managing the department’s protest response on June 8—as the person who made the call.

OPA director Andrew Myerberg criticized SPD for being silent about the decision to abandon the precinct, writing that the decision created “a sense of distrust within community and the belief that there was something nefarious at play.” In a statement issued on Monday afternoon, City Council President Lorena González echoed the same frustration, writing that the OPA’s report “shows how SPD treated responsibility as a ‘hot potato’ that no one wanted to get caught holding… You can’t always predict the outcome of key decisions—and mistakes will happen—but the damage to public trust is made much worse when high-ranking SPD leaders play games of hot potato and fail to be forthright with elected officials, the media and the public.”

However, Myerberg also concluded that Best had the authority to delegate decision-making to Mahaffey. Similarly, he determined that Mahaffey’s decision to evacuate the precinct was based on the information available to him—including flawed claims from the FBI of a terrorist threat—and that his decision allowed SPD to temporarily de-escalate. “No one—including OPA—can say that [an] alternative strategy would have produced better results than those that occurred or that it would have prevented CHOP/CHAZ from forming,” he wrote, “just as no one can say this unidentified alternative strategy would not have resulted in more uses of force to disperse the crowd and, potentially, to rescue stranded and endangered officers left inside of the precinct.”

Assistant Chief Brian Grenon described panicked officers “ripping open lockers” and “kicking in doors” during a mad-dash attempt to gather all the weapons, computers and hard drives in the building. After supervisors intervened, the precinct’s officers departed for the West Precinct.

The OPA’s investigation, which relied on interviews with Best, Mahaffey and other SPD employees and members of Mayor Jenny Durkan’s staff, largely mirrored KUOW’s version of events, with two exceptions. In early June, with the East Precinct at the center of nightly protests on Capitol Hill, SPD leaders were increasingly anxious about the risk of an attack on the precinct. Protesters in Minneapolis had burned a police precinct to the ground less than two weeks earlier, and SPD leadership worried that the same thing could happen in Seattle.

Meanwhile, the department’s initial protest response, which relied heavily on barriers, fixed lines of officers in riot gear, and weapons like tear gas and pepper spray, only escalated the conflict on the streets outside the East Precinct. Continue reading “Assistant Chief Who Ordered Abandoning East Precinct Cleared of Wrongdoing”

Officer Who Shot Man on Queen Anne Sidewalk Last Year Gets 20-Day Suspension

By Paul Kiefer

Seattle Police officer Christopher Gregorio is currently serving a 20-day suspension for failing to follow his department’s de-escalation protocols before fatally shooting 57-year-old Terry Caver last May. While an investigation by the Office of Police Accountability (OPA) concluded that Gregorio’s recklessness exacerbated an already volatile encounter on a Lower Queen Anne sidewalk, OPA Director Myerberg ultimately ruled that Gregorio couldn’t be disciplined for the shooting itself, only the decisions that led to it.

Matthew Milburn, who also fired at Caver during the confrontation, is no longer with SPD; he refused to give an interview to OPA investigators, and the case against him remains open.

On May 19, 2020, a half-dozen officers arrived at the intersection of West Harrison Street and Elliott Avenue West to respond to a series of 911 calls about a man—Caver—carrying a knife and threatening passersby. When they arrived, Caver stood alone on the sidewalk, his knife concealed under a coat; the officers demanded that he drop to the ground.

Gregorio arrived on the scene with a police dog and parked close to Caver. “Don’t park right near him, guys, are you crazy?” another officer shouted.

Caver broke into a run, shouting, “You’re going to have to kill me!” as he passed Gregorio. While other officers kept a distance, Gregorio and Milburn chased Caver down the sidewalk; Milburn fired a Taser at his back to no effect, and Caver turned to face the officers with his knife hand outstretched. Both Gregorio and Milburn opened fire, killing Caver. From the moment Gregorio stepped out of his car, the entire incident lasted just 17 seconds.

Caver’s cousin, Gwendolyn Taylor, says Gregorio’s suspension is hardly enough to hold him accountable for her cousin’s death. “It’s just awful,” she said. “Terry really mattered to us, and that officer shouldn’t be able to put his badge back on.” 

Members of Caver’s family often worried about his wellbeing. “We knew he was always afraid, always paranoid that somebody was after him—that the police were after him,” his cousin, Gwendolyn Taylor, said on Tuesday. Caver had faced legal trouble since his teenage years, and his mental health took a serious turn for the worse after he survived a drive-by shooting in Los Angeles soon after leaving prison in 2010. After his sister brought him to Washington to undergo surgery at Harborview Medical Center, he was diagnosed with paranoid schizophrenia; Taylor believes that the LA shooting triggered her cousin’s mental illness.

The accounts of Caver’s final moments, gleaned from 911 calls and officers’ body-worn cameras, were painful for his family members, who said his behavior was similar to earlier paranoid episodes. “If there had been one or two officers, they could have talked to him,” his sister, Vanessa, said in August. “He always listened. If they had talked to him, got him to sit down in the patrol car, he would have felt safer. But there were too many officers, so he was scared.”

In the OPA’s view, the shooting was a clear example of how an officer’s failure to approach a volatile situation carefully and patiently can devolve into a shooting. According to OPA investigators, officers had an opportunity to leave space between themselves and Caver, who was “almost certainly suffering from a mental health crisis” or intoxicated. The closest bystanders “were either across four lanes of traffic or were hundreds of feet away,” Myerberg wrote in the summary of the case.

Myerberg found that Gregorio “failed to engage in any planning or tactical discussions” before firing his weapon, in large part because his decision to park next to Caver “set up a situation where he had just seconds to prepare” for the encounter. Investigators also found that Gregorio gave little consideration to Caver’s mental health before stepping out of his car, and that shouting at Caver to drop to the ground only increased the tension. Without time or space to prepare or a plan or to wait for backup from officers equipped with crisis intervention skills or a less-lethal weapon, Myerberg wrote that Gregorio gave himself few options besides using force. Continue reading “Officer Who Shot Man on Queen Anne Sidewalk Last Year Gets 20-Day Suspension”

Police Chief Fires Two Officers Who Trespassed on Capitol Grounds During January 6 Attack

Image by blinkofaneye on Flickr; Creative Commons license.

By Paul Kiefer

Interim Seattle Police Chief Adrian Diaz announced in a blog post on Friday that he has fired officers Alexander Everett and Caitlin Rochelle for violating department policy and federal law by trespassing on the grounds of the U.S. Capitol on January 6, 2020 while insurrectionists stormed the legislative chambers inside.

Using video evidence provided by the FBI, investigators from Seattle’s Office of Police Accountability (OPA) were able to place Everett and Rochelle at the steps of the Capitol as rioters clashed with police nearby. Though Everett and Rochelle told investigators they didn’t know they were trespassing in a restricted area, neither the OPA nor Diaz were convinced; in his letter on Friday, Diaz wrote that “it is beyond absurd to suggest that they did not know they were in an area where they should not be, amidst what was already a violent, criminal riot.”

But Everett and Rochelle—a married couple—were only two of the six Seattle Police Department officers who traveled to Washington, DC to attend former President Donald Trump’s “Stop the Steal” rally that preceded the attack on the Capitol. OPA investigators were able to place three of the officers elsewhere in the city during the attack. Though the fourth officer told investigators that he was not present for the attack, neither the OPA nor the FBI could corroborate his claim; investigators didn’t rule out the possibility that he trespassed on federal property.

Though Diaz chose not to discipline the other four officers who attended the rally, some members of the city council and Seattle’s Community Police Commission argued being present for the rally constituted grounds for firing all six. “I don’t understand how we can derive any other decision other than they were there to spur what those people did to storm the Capitol,” CPC Executive Director Brandy Grant said during a commission meeting in January. Continue reading “Police Chief Fires Two Officers Who Trespassed on Capitol Grounds During January 6 Attack”

Maskless Cop Gets One-Day Suspension, Stalled Tiny House Village Moves Forward

1. The Seattle police officer whose refusal to wear a mask inside Harborview Medical Center in January prompted public outcry and a misconduct investigation received a one-day suspension for the incident.

According to a investigation report released by Seattle’s Office of Police Accountability (OPA) on Tuesday, Officer Eric Whitehead violated SPD’s professionalism policies when he brushed off requests that he put on a face mask. Whitehead was part of a team of officers stationed at the hospital to escort a person who had been detained.

But because Whitehead believed he had obtained an exemption from SPD’s mask mandate, the OPA did not determine that his refusal to wear a mask constituted a violation of department policy.

In a letter sent to SPD’s Human Resources division last June, Whitehead requested an exemption on medical grounds, including “mental and physical strain, as well as increased respiratory distress”; he added that requiring him to wear a mask violated his civil liberties. Though Whitehead did not include medical records in his request for an exemption, he later provided OPA investigators with letters from two medical practitioners detailing a “dermatological condition in and around his face that was exacerbated by facemask wearing and shaving.” Whitehead did not, however, object to wearing other types of masks—during last summer’s protests, for instance, Whitehead confirmed that he wore a gas mask.

Though SPD’s Human Resources lieutenant never expressly approved or denied Whitehead’s request, OPA investigators concluded that he could have reasonably believed that he was exempt based on an email from the lieutenant confirming that SPD allowed for medical exemptions to the mask mandate.

However, the investigators also pointed out inconsistencies in Whitehead’s stated reasons for refusing to put on a mask. While at the hospital, Whitehead told nurses that he could not wear a face covering because it would present a safety risk if the detainee attacked him—”I don’t want to be choked with this fucking thing,” he told a nurse after she handed him a mask. He did not mention his medical condition to hospital staff, though he later told OPA investigators that his initial confrontation with the nurse left him “less willing” to explain his behavior. Investigators also pointed out that the letters from Whitehead’s medical providers don’t mention any mask-related respiratory problems, contrary to his claims in the letter to SPD’s human resources lieutenant.

OPS Director Andrew Myerberg wrote in the investigative report that the case demonstrated the risks of SPD’s lax approach to medical exemptions for its mask mandate. “While SPD is required to approve exemptions when supported by evidence and when warranted,” he wrote, “this does not mean that SPD must continue to allow officers to engage in duties where they have close contact with the public.”

As a remedy, Myerberg recommended that the department keep records of any officers who request exemptions from the mask policy, as well as department supervisors’ reasoning for approving or denying the request. He added that SPD should not allow officers with exemptions to work in close proximity with members of the public, which would involve re-assigning officers to non-patrol positions. The department has already moved Whitehead to a non-patrol position.

2. A long-delayed tiny house village in the University District that was originally supposed to open in April could start moving forward again this month, city council members said this week. Councilmembers Alex Pedersen and Andrew Lewis walked on legislation Monday approving a lease between Sound Transit, which owns the land where the village will go, and the city, which will hold the lease. The council had to pass legislation approving the lease because Sound Transit increased the size of the property the city will take over. Both Sound Transit and the city still have to sign the lease.

For months, Sound Transit and the city have been mired in negotiations over the extent of the city’s legal liability if anything goes wrong at the site. Sound Transit (which has declined to discuss the negotiations and didn’t immediately return a call for comment Tuesday) sought and received indemnity from any injury, death, or property damage that takes place at the encampment, which is basically what the lease provides.

Although Seattle is supposed to hand all its homeless service contracts over to the King County Regional Homelessness Authority at the end of 2021, the lease is for up to three years, meaning that the city could be responsible for a tiny house village even when it no longer has a homelessness division.

As we reported last week, KCRHA director Marc Dones has expressed hesitation about funding tiny house villages as part of a comprehensive solution to homelessness.

Emails Reveal Durkan’s Role in Canceling CHOP Anniversary Event; Surveillance Law May Soon Cover Facial Recognition Tech

1. When the city initially denied a permit for a June event celebrating the art of the Capitol Hill Organized Protest (relenting at the last minute after the ACLU of Washington threatened to sue), the department said it did so because of an “emerging concern” that any event commemorating CHOP could be “disturbing or even traumatic” to community members.

At the time, a spokeswoman for the Parks Department told PubliCola, “We will not be issuing a permit for this event as we have heard from community members expressing concerns that any events celebrating or commemorating the events that occurred at Cal Anderson in summer of 2020 would be disturbing or even traumatic to the community.”

But emails PubliCola obtained through a Parks Department records request reveal that this “emerging concern” consisted of emails from a relative handful of individuals, mostly people suggesting that an anniversary event would lead to graffiti, vandalism, and crime in the park. Three of the emails from members of the public mentioned trauma as a concern.

The emails also suggest that the mayor’s office wanted to deny the permit from the beginning, and landed on a number of different justifications for doing so before the city ultimately landed on “community concerns” as the official reason. (The mayor’s office has not provided records yet in response to a similar request.) In addition to the concern about community “trauma,” the mayor’s objections, as Parks staffers described them, included, at various time, concerns about COVID-19 protocols, the impact of closing down a street for the event, and the “safety and security” of people in the area.

According to the emails, Durkan’s office began raising concerns about the CHOP Arts event as far back as early May, and met with high-level staff in several departments on May 20 to discuss the event. Parks staffers came away from the meeting with the impression that the mayor’s office wanted them to deny permits for the event, and any event related to the anniversary of CHOP, because of the association with last year’s protests alone.

Durkan’s chief of staff, Stephanie Formas, confirmed that she convened the meeting. Her message to department leaders, Formas told PubliCola, was “We’re not permitting an official city event that violates the Governor’s order, shuts down multiple blocks of the City for a block party celebrating CHOP, and could be a security and safety concern if there’s permitted and unpermitted events occurring at the same time with thousands of people.”

Organizers did change their plans for the event several times, but the final version of the application, which Parks had received by June 4, did not propose blocking off any streets.

Formas suggested that COVID protocols were the mayor’s primary concern at the time.

“In mid-May, we were in the midst of planning for special events permits for May and June and planning for expected unpermitted protests around downtown and Cal Anderson,” Formas said. “We understood that there would likely be many unpermitted protests and marches downtown and on Capitol Hill, which did in fact occur, and we were planning for allowing permitted events that met the Governor’s restrictions. So ultimately the question was how do we balance COVID-19 safety and security of both planned and unpermitted events.”

Emails between parks employees, however, suggest that Durkan’s main concern was that the city shouldn’t appear to be acknowledging or commemorating the anniversary of CHOP, a long-term protest zone that formed around the Seattle Police Department’s East Precinct after SPD abandoned the precinct amid protests against police violence last summer. The incident became a significant embarrassment for Durkan and the police department, which refused to say who gave the order to abandon the precinct; reporters at KUOW unravelled that story earlier this month.

The Parks Department came away from the meeting with Formas believing that the mayor’s direction was clear: Avoid permitting any event associated with CHOP, period.

For example, on May 20, the Parks Department’s recreation division director, Justin Cutler, wrote in an email to Parks staff that “the Mayor’s Office has given direction that we are not to permit events at Cal Anderson at this time. More specifically any event that would be celebrating CHOP.”

In a May 20 email to parks staffers about upcoming events in Cal Anderson Park, Parks Commons Program director Randy Wiger described the CHOP Arts event as “canceled as per mayor.”

In a Powerpoint distributed on May 23, the CHOP Arts event is “X”d off a list of upcoming events in Cal Anderson Park; the document cites ‘New direction from Mayor’s Office’ as the reason.

And on June 3, Wiger reiterated on a different email chain that “the direction from the Mayor’s Office is ‘no celebration of the CHOP zone.'”

The CHOP Arts event, which organizer Mark Anthony described as a kind of “Black renaissance fair,” went ahead as scheduled on the weekend of June 11. It did not result in a new protest zone.

2. On Monday, Seattle City Councilmember Lisa Herbold introduced a clerk file—a type of clarification for earlier legislation—that would designate facial recognition as a form of “surveillance technology,” closing a loophole in the city’s surveillance regulations that came to light after a Seattle police detective used an unapproved facial recognition software in at least 20 criminal investigations.

The bill would augment Seattle’s three-year-old surveillance ordinance, which requires the council to approve surveillance technologies before a city department can put them to use. When the council passed the ordinance in 2018, they defined surveillance as any method of tracking or analyzing the “movements, behavior, or actions of identifiable individuals.”

In November 2020, the Office of Police Accountability (OPA) investigated South Precinct Detective Nicholas Kartes for using the controversial facial recognition software Clearview.AI without his supervisors’ knowledge. In his defense, Kartes argued that the surveillance law does not cover facial recognition. Continue reading “Emails Reveal Durkan’s Role in Canceling CHOP Anniversary Event; Surveillance Law May Soon Cover Facial Recognition Tech”

Panel Can’t Tell if Cop Uttered Slur; Three Months In, Just 10 Have Moved to Rapid Rehousing from Hotel Shelters

1. The two hotels that the city belatedly rented out to serve as shelter during the COVID-19 pandemic have been in service for a little over three months of their ten-month contracts with the city. In that time, they have moved a total of 15 people into some form of permanent housing, according to the city’s Human Services Department—about 6 percent of the 230 people the city planned to cycle through around 200 hotel rooms over the life of the contracts, primarily through rapid rehousing rent subsidies.

According to a spokesman for the Human Services Department, 13 people have moved into permanent housing from the 139-room Executive Pacific Hotel, operated by LIHI on a $3.1 million contract; 10 of those received rapid rehousing subsidies. Two people have moved out of the 58-room King’s Inn, operated by the Chief Seattle Club on a $3.1 million contract, into permanent housing .

In the context of homelessness, “permanent housing” refers to the type of housing, not the length of a subsidy; rapid rehousing subsidies, for example, can last up to 12 months, but the market-rate apartments they help pay for are called “permanent” to differentiate them from transitional housing or shelter. Permanent housing can include everything from long-term supportive housing to moving in with relatives.

Both shelters include rapid-rehousing programs, which the city is funding through separate 10-month contracts. Chief Seattle Club runs its own rapid rehousing program at the hotel, at a cost of just over $800,000, and LIHI is working with Catholic Community Services, which has a $7 million contract.

“We anticipate the number of rapid rehousing enrollments to increase as people at these hotels have time to stabilize and Chief Seattle Club’s RRH program ramps up.”—Human Services Department spokesman

According to the HSD spokesman, “Chief Seattle Club case managers are working with participants to identify the best housing solution. … As with any brand new shelter, it takes time for the program to ramp up, clients to stabilize, and for people to find housing solutions that work best for them. This is why the program was designed for 10 months to allow time for individuals to connect with the best resources–whether it is rapid rehousing, diversion, or the permanent housing solutions coming online. We saw this play out at the Navigation Center when it opened. We anticipate the number of RRH enrollments to increase as people at these hotels have time to stabilize and Chief Seattle Club’s RRH program ramps up.”

When the city started intensifying encampment sweeps earlier this year, it used COVID vulnerability criteria to move people from encampments into the Executive Pacific Hotel. This has resulted in a population that faces more barriers to housing than the unsheltered population as whole, and thus less likely to succeed in rapid rehousing, which requires participants to earn enough income to afford a market-rate apartment within a few months to a year.

As a last resort, the OPA assembled a 13-person panel for a blind study. None of the panelists heard the n-word after listening to the recording for the first time, and only five heard the slur after investigators revealed the allegations against Zimmer.

LIHI director Sharon Lee told PubliCola last month that “the majority” of people living at the hotel “are not candidates for rapid rehousing.” The Chief Seattle Club did not immediately respond to a request for comment.

2. Neither an outside audio expert nor a 13-person panel could conclusively tell Seattle’s Office of Police Accountability whether an officer called a man the n-word during a 2020 DUI arrest.

The OPA’s investigation into whether Seattle Police Officer Jacob Zimmer used the racial slur hinged on a single, hard-to-discern word captured on Zimmer’s body-worn video during the arrest. According to the original OPA complaint, Zimmer commented that the man was a “tall-ass n—-r.” Continue reading “Panel Can’t Tell if Cop Uttered Slur; Three Months In, Just 10 Have Moved to Rapid Rehousing from Hotel Shelters”

Wading Pools Closed, Cop Who Used Facial Recognition Software Gets Slap on Wrist, Durkan Orders City Workers Back to the Office

1. In addition to shutting down the spray park at the Ballard Commons—a story first reported by My Ballard on Friday—the Settle Department of Parks and Recreation confirms that 11 of the city’s 22 wading pools will also be closed all summer due to “budgetary and staffing impacts from the pandemic,” according to a spokeswoman for the department.

The Ballard spray park is located in the middle of a large encampment that has persisted despite sweeps by the city and the repeated installation of hostile architecture designed to deter sitting and camping at the Ballard library branch next door. “Because of health and safety concerns of Seattle/King County Public Health and our own Safety Office regarding ongoing encampments and other activities at Ballard Commons Park, we regretfully decided not to operate the spraypark there this summer,” the Parks spokeswoman said. “No other SPR sprayparks are closed this year.”

During last week’s historic heat wave, city-run options for people living unsheltered to escape the weather were limited to some library branches, a handful of senior and community centers, and a cooling center at Magnuson Park. Amazon opened its own headquarters as a cooling center for up to 1,000 people last Monday, but required ID at the door—something many unsheltered people don’t have.

2. Interim Seattle Police Chief issued a one-day suspension for a South Precinct detective who used an unapproved and controversial facial recognition technology to search for suspects in criminal investigations.

According to Office of Police Accountability investigators, Detective Nicholas Kartes opened an account with Clearview.AI—an artificial intelligence software which bills itself as a kind of Google search for faces, using images scraped from the internet without their owners’ permission—in the fall of 2019.

Over the following year, Kartes used the program to search for suspects in ten SPD cases and approximately 20 cases from other law enforcement agencies. His searches returned one match—a possible suspect in a case under investigation by a different agency—though Kartes didn’t keep records of his searches or inform his supervisors that he was using the software. Kartes told investigators that he had informed his counterpart at the other agency that the found the match using Clearview.AI; he did not know whether his counterpart used the evidence to bring charges.

In 2020, the office investigated Kartes for using a personal drone to take photos of the house of a suspect in an ATM theft investigation, and for suggesting that his colleague lie about the source of the photos.

Kartes argued that facial recognition software like Clearview.AI doesn’t qualify as “surveillance technology,” as defined by the surveillance ordinance passed by the Seattle City Council in 2018, because the ordinance only addressed technologies used to track the “movements, behavior or actions of identifiable individuals.” SPD policy doesn’t prohibit officers from using facial recognition technology; in fact, SPD’s policy manual is silent on the issues raised in the surveillance ordinance.

OPA Director Andrew Myerberg concluded that Kartes hadn’t clearly violated any law or department policy, though he advised Diaz and the City Council to close the loophole as quickly as possible. Instead, Myerberg ruled that Kartes violated SPD’s professionalism policies.

This is not Kartes’ first brush with the OPA over the issue of surveillance. In 2020, the office investigated Kartes for using a personal drone to take photos of the house of a suspect in an ATM theft investigation, and for suggesting that his colleague lie about the source of the photos. In that case, Kartes told investigators that he was unaware of the surveillance ordinance, though after he familiarized himself with the law, he argued that his use of a drone to photograph the outside of a house wasn’t technically “surveillance” as defined in the ordinance.

“We know that while many of you have grown accustomed to teleworking during this time, in-person interactions are important to our work culture and employees’ wellbeing by creating opportunities for relationship building, collaboration, and creativity,” Durkan wrote.

Instead of disciplining Kartes, Myerberg recommended that SPD send a reminder to officers about the contents of the surveillance ordinance and directed Kartes to receive re-training. By the time Kartes received retraining from his supervisor, the OPA had already begun investigating his use of Clearview.AI.

3. Now that the state is officially out of COVID lockdown, Mayor Jenny Durkan wants city employees to come back to the office. In an email to city staff on Friday, Durkan said that all employees will “return to the office in some capacity” by September 12, unless they get special approval for an alternative work arrangement (AWA, because everything has to have an acronym) from the city. Continue reading “Wading Pools Closed, Cop Who Used Facial Recognition Software Gets Slap on Wrist, Durkan Orders City Workers Back to the Office”

Appeals of Police Discipline Resume After Long Silence

Disciplinary appeals by SPD officers dropped sharply in 2020 (Source: Office of Police Accountability)

By Paul Kiefer

This month, the Seattle City Attorney’s Office is processing the first wave of challenges to Seattle Police Department disciplinary actions since last fall of last year—the longest stretch without a police disciplinary appeal since 2016, despite a spike in reprimands, suspensions and terminations of police officers since Interim Seattle Police Chief Adrian Diaz took the job last September.

In May and early June, four officers who led an out-of-policy high-speed chase in South Seattle last year challenged the written reprimands they received from SPD leadership for the incident; the city attorney’s office didn’t make three of those appeals public until Tuesday afternoon. Although a written reprimand is a less severe type of discipline than other options like suspension or termination, a mark on an officer’s record can lead to a harsher discipline if the officer violates department policy again.

According to an Office of Police Accountability (OPA) investigation of the incident, the out-of-policy chase began when four pairs of SPD officers responded to a 911 call about a stolen pickup truck. Although the man who stole the truck hadn’t committed a violent crime—under SPD policy, a prerequisite for a high-speed pursuit—a South Precinct sergeant allowed the small convoy of cruisers to chase the suspect through a residential area, occasionally driving at more than 80 miles per hour. The officer in the passenger seat of the last cruiser was a 19-year SPD veteran and a field trainer; his driver was an officer-in-training. Six minutes later, a police lieutenant intervened and ordered the officers to end the pursuit; the South Precinct captain later referred the incident to the OPA.

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different: We’re funded entirely by reader contributions—no ads, no paywalls, ever.

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 OPA only held the four most senior officers—including the field training officer and the sergeant who approved the chase—responsible for breaking department policy; all four have appealed the written reprimands they received from Diaz with the support of their union, the Seattle Police Officers’ Guild (SPOG). Their cases will now go before an arbitrator: a type of attorney who reviews labor disputes and can determine whether to overturn or reduce the discipline.

The last SPD officer to appeal a disciplinary decision was Todd Novisedlak, whom former SPD Chief Carmen Best fired in 2020 after an OPA investigation found that he had beaten his ex-girlfriend and repeatedly used racist, sexist and homophobic slurs, including calling his Black sergeant a “monkey,” calling a fellow officer a “lazy Mexican” and referring to a third officer as “that crazy SPD whore.” Continue reading “Appeals of Police Discipline Resume After Long Silence”

No Charges Against Cops Who Violated Voting Law; City Finally Buys Shower Trailers

1. Eight Seattle police officers who registered to vote using the addresses of Seattle Police Department precincts instead of their home addresses—including Seattle Police Officers’ Guild President Mike Solan—will not face criminal charges. Instead, after an investigation by the Office of Police Accountability (OPA), two of the officers (including Solan) received one-day unpaid suspensions and three received oral reprimands; the remaining three officers retired or resigned before the investigation ended.

The South Seattle Emerald first reported that eight SPD officers had registered to vote using their precinct addresses in July 2020, after a search of county voting records found at least one officer registered at each of the department’s five precincts. Because registering to vote using an incorrect residential address is a felony in Washington—one punishable by a five-year prison sentence or a $10,000 fine—the OPA initially referred the case to SPD for a criminal investigation.

The department decided not to investigate; according to the OPA’s report on the case, an SPD captain justified the decision by noting that the officers were already under investigation by the King County Department of Elections, and by claiming (incorrectly) that all of the officers lived in Seattle.

While all acknowledged that they had used their precinct addresses when registering to vote, most argued that they did so to avoid making their home addresses a public record for safety reasons. In response, OPA Director Andrew Myerberg advised the officers to lobby the state legislature to pass tighter privacy protections instead of breaking state law.

In lieu of an investigation, the OPA began its own investigation of the officers’ alleged policy violations, ultimately ruling that all eight officers violated SPD’s professionalism policies, as well as a policy prohibiting officers from using their precinct addresses for personal business. OPA Director Andrew Myerberg didn’t say whether he believed the officers knowingly violated state law, though he noted that King County Elections’ investigation will eventually resolve the question. “Ignorance of the law is not a defense,” he wrote in his report. “This is especially the case for police officers who are entrusted with the responsibility of enforcing it.”

If the elections department does rule that the officers knowingly broke state law, county election officials told the OPA they are unlikely to press charges—the law targeting incorrect voter registration addresses is frequently broken and rarely enforced.

Only five of the officers agreed to interviews with OPA investigators. While all acknowledged that they had used their precinct addresses when registering to vote, most argued that they did so to avoid making their home addresses a public record for safety reasons. In response, Myerberg advised the officers to lobby the state legislature to pass tighter privacy protections instead of breaking state law.

2. The city will replace two rented shower trailers, which have been stationed at Seattle Center and King Street Station in Pioneer Square since last fall, with trailers it bought from a Pittsburgh-based company called Restroom2Go Restroom Trailers. According to a Seattle Public Utilities spokeswoman, the trailers cost the city just over $188,000.

As the COVID pandemic abates, the city has begun closing down and relocating facilities and services for people experiencing homelessness, including “de-intensified” mass shelters and hygiene facilities like the two shower trailers. For now, the spokeswoman said, people will still be able to shower at King Street Station, but the shower trailer at Seattle Center will have to move as summer programming returns to the former World’s Fair grounds. A temporary shelter run by the Downtown Emergency Service Center at Seattle Center’s Exhibition Hall has already started shutting down, with residents moving back into the Navigation Center (a congregate shelter in the International District).

Another DESC shelter whose residents moved to Exhibition Hall during the pandemic, the Queen Anne Shelter, remains closed.

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

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.

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.

As PubliCola has reported over the past year, Mayor Jenny Durkan’s administration was reluctant to provide mobile showers for people experiencing homelessness even before the pandemic. Although the city council provided funds to purchase shower trailers in 2019, SPU, under Durkan, didn’t spend the money, forcing a mad scramble to rent trailers at an exorbitant cost once the pandemic began. (Even then, the city took months to actually deploy the trailers.) Eventually, the city ditched its gold-plated trailer provider for a more affordable service.

According to SPU, the city is still looking for a place to move the Seattle Center trailer “on the campus,” and is also working out what to do with the two trailers in the long term. “City staff are considering exploring the best options for the trailers, including making them mobile, keeping them stationary or a hybrid approach, to meet the needs of our clients and maximize utilization.”

Even with the two trailers remaining in service, there are very few options for people living unsheltered to take a shower citywide. Lack of access to hygiene is a major quality of life issue, and a barrier to accessing public facilities like transit and libraries, not to mention applying for a job. According to the city’s current hygiene map, there are just 14 places in the city that offer free showers, most of them concentrated near the downtown core; neighborhoods south of I-90, including all of West and Southeast Seattle, have just one shower location each.

3. Someone—perhaps the same brave long-lens photographers who add images of unsheltered people to Google Maps results for various Seattle parks—took the time recently to rename the Ballard Commons Park “Straussville” in Google Maps.

Dan Strauss is the city council member for District 6, which includes the Commons; unsheltered people have lived and congregated in the park, which is next to the Ballard branch library, for many years, but have become more visible during the pandemic as the city decreased encampment sweeps. As of Monday morning, the fake park name had been removed.

City May Relinquish Control Over Homelessness Contracts; Surveillance Law May Not Cover Facial Recognition; No Plan Yet for Complaints Against 911 Dispatchers

1. After insisting for more than a year that the city needs to retain full authority over homeless outreach and engagement programs, the city has changed its mind, and will reportedly hand outreach over to the new King County Regional Homelessness Authority along with all the other homeless service contracts currently managed by the Seattle Human Services Department.

KCRHA director Marc Dones told outreach providers that their contracts would move to the new authority at a meeting on Wednesday, several who attended the meeting confirmed. Derrick Belgarde, the director of the Chief Seattle Club, said the belated change makes sense: Outreach “needs some separation from the HOPE team and their efforts.”

Previously, as we’ve reported, Durkan and HSD have argued for keeping outreach, and only outreach, at the city, on the grounds that the HOPE Team (formerly the Navigation Team) needs to have direct access to outreach workers who can connect people in encampments the city removes to shelter and services. The connection between the HOPE team and outreach workers was at the heart of the larger dispute over this year’s contracts, with providers arguing that the new contracts would place them at the “beck and call” of a team that serves as the vanguard for encampment sweeps.

The meeting, led by deputy mayor Tiffany Washington, was called to discuss changes to a set of proposed 2021 contracts that providers said were unacceptable; among other changes, the contracts the city originally sent providers would have required them to do outreach at encampments that the city planned to remove, regardless of whether the community or clients they serve (young adults or Native people, for example) were present.

The new contracts will revert to essentially the same language as the contracts providers signed in 2020. Provisions requiring outreach workers to be on site on the day of encampment removals will be stripped from the new contracts, and the city will greatly reduce the data reporting requirements that some providers found objectionable—eliminating the need, for example, for providers to give the city detailed daily reports on the people they encounter living unsheltered.

Belgarde said he was heartened by Dones’ and Washington’s emphasis on progressive engagement at encampments—focusing first on outreach, and then on more intensive case management, which is the point at which asking more personal questions is appropriate. “They seem to understand why you don’t do it” the first time you meet someone living at an encampment, he said. “It’s traumatizing. You can’t go out there with a pen and pad like you’re a lawyer or the police making notes.”

An HSD spokesperson would confirm only that the department is “in ongoing conversations with providers on a number of items, including what coordinated outreach looks like for both city and county shelter spaces and investments. Additionally, the City is already in conversations with the KCRHA about logistics for the transfer of contracts to the KCRHA. Our primary goal is supporting the ramp up of the authority. HSI will maintain outreach contracts through the end of 2021.”

2. After an investigation by Seattle’s Office of Police Accountability (OPA) into a Seattle police detective’s use of a controversial facial recognition software, OPA Director Andrew Myerberg sent a letter to SPD Interim Chief Adrian Diaz concluding that while the detective used the unapproved technology without permission, it’s unclear whether facial recognition is covered by the surveillance ordinance the city adopted in 2018.

The OPA launched an investigation into South Precinct Detective Nicholas Kartes’ use of Clearview.AI—an artificial intelligence software which bills itself as a kind of Google search for faces, using images scraped from the internet without their owners’ permission—in November, when a civilian watchdog obtained emails showing that Kartes had used the software several times since 2019. At the time, Myerberg told PubliCola that the investigation would hinge on whether Kartes used the software during a criminal investigation, which he said would constitute a clear policy violation and seriously undermine public trust in the department.

In his letter to Diaz on Wednesday, Myerberg wrote that Kartes used Clearview.AI’s search function roughly 30 times since 2019, including for an unclear number of criminal investigations; Kartes didn’t keep records of cases in which he used the technology, so OPA investigators weren’t able to assemble a complete list. According to investigators, Kartes did not inform his superiors that he was using the software. The OPA hasn’t said whether Kartes will face discipline for his use of the unapproved technology.

However, in his letter to Diaz, Myerberg wrote that the city’s surveillance ordinance, which requires city departments to seek the council’s approval of any surveillance technology it intends to use, defines “surveillance” too narrowly to include facial recognition—because software like Clearview.AI does not allow SPD to “observe or analyze the movements, behavior, or actions of identifiable individuals,” Myerberg argued, it may not be addressed by the law.

To deal with the gray area surrounding facial recognition technology, Myerberg recommended that Diaz either create a new surveillance policy that explicitly forbids the use of facial recognition software; he also suggested that Diaz could ask the city council to modify the 2018 surveillance ordinance to clear up any confusion about whether it applies to facial recognition software.

Myerberg’s letter to Diaz came just over a week after the Metropolitan King County Council voted to ban the use of facial recognition technology by county departments, becoming the first county in the nation to pass such a ban.

3. When Seattle’s 911 dispatch center left the Seattle Police Department last week, the OPA lost its jurisdiction over the roughly 140 civilian dispatchers who work in the center. And the new department—the Community Safety and Communications Center (CSCC), which the Seattle City Council hopes will eventually hold other civilian public safety agencies—hasn’t yet outlined a plan to handle misconduct complaints against dispatchers.

Though complaints against 911 dispatchers made up only a small portion of the OPA’s caseload, the unit faced roughly 30 to 40 complaints annually over the past five years. Among the most notable recent cases was a dispatch supervisor fired last year for assigning herself overtime to supplement her income despite being unqualified to answer emergency calls, and another dispatcher whom Interim SPD Chief Adrian Diaz fired in April for telling a Black caller that “all lives matter” during a call about a car break-in.

The OPA’s jurisdiction is set by city law; according to Myerberg, that law—Seattle’s Accountability Ordinance—only authorizes his office to investigate “potential acts of misconduct perpetrated by SPD employees,” which no longer includes 911 dispatchers. While Seattle’s Human Resources department could take on complaints for an additional 140 employees, Myerberg said that if the council or mayor want his office to continue handling complaints against dispatchers, the council will need to expand the OPA’s jurisdiction, which may also require bargaining with the dispatchers’ union.

PubliCola has reached out to CSCC Director Chris Lombard about his plans for handling misconduct complaints against dispatchers.