Tag: Office of Police Accountability

Bike Board Member Asks for Encampment Ban Near Bike Lanes, Poll Tests Streetcar Popularity; Council Clarifies “Z-Disposition” for 911 Calls

1. Seattle Bicycle Advisory Board member Dr. Doug Migden wrote to Mayor Bruce Harrell’s office earlier this year to complain about the homeless people he sees while riding his bike, and to suggest legislation that would ban people from sleeping within up to 200 feet of any bike facility or sidewalk.

“First, I voted for Mr. Harrell and the primary reason is that crime and encampment related filth in Seattle is now totally unacceptable,” Migden’s letter begins. “I have lived on the north end of Queen Anne, in a house I own, since 1997. Unfortunately I’ve never seen Seattle in such a mess.”

Council member Alex Pedersen installed Migden on the bike board earlier this year, rejecting a different nominee the board identified through a months-long recruitment and nomination process. The bike board advocates for and advises the city on policies to make Seattle safer and more welcoming to cyclists from all backgrounds, including low-income and homeless people.

Given that “bicycle commuters in West Seattle can’t even safely get to downtown because of encampments and illegal activity such as IV drug use on or adjacent to bicycle pathways,” Migden continued in his letter, “how about a policy whereby nobody can camp on public sidewalks, on bicycle paths, or within 100 or 200 feet of such public spaces. This is not too much to ask and it’s certainly doable. Enforcement would be needed though. Perhaps more police officers on bicycles would help with this and other crime related issues in Seattle.”

“How about a policy whereby nobody can camp on public sidewalks, on bicycle paths, or within 100 or 200 feet of such public spaces.  Enforcement would be needed though. Perhaps more police officers on bicycles would help with this and other crime related issues in Seattle.” —Seattle Bicycle Advisory Board member Doug Migden

Yes, Migden wrote, it’s important to “take care of” truly “vulnerable populations,” but a lot of the homeless people he sees around are able-bodied men who “are not mentally ill,” are “in no distress,” and are well-off enough to “indulge” in cell phones. “[S]tratification and picking apart which illegal campers truly need assistance and which ones are basically freeloading off of responsible citizens who pay taxes etc., is crucial,” Migden wrote.

The mayor’s office, in a standardized response, told Migden they would forward the information about the encampments he reported (including “disgusting RVs” in Fremont and Ballard) to the city’s encampment cleanup squad.

2. A recent poll tested voters’ opinions about completing the long-delayed downtown Seattle streetcar project, along with various local funding options, such as increasing the commercial parking tax, increasing the local vehicle licensing fee, and increasing local sales taxes, already among the highest in the country.

The poll, conducted last week, seems to favor streetcar completion—stating, for example, that federal funding could cut the $350 million estimated cost of the streetcar almost in half, but is only available for a limited time. (Federal funding for the streetcar is far from certain, although, as the Urbanist pointed out earlier this year, a potential $75 million request for federal funding still gets a “high” rating from the Federal Transit Administration.)

“Connecting Seattle’s two existing streetcar lines just makes sense,” one of the poll’s test messages begins. (Many polls test messages that could be used for or against a proposal or person during a future campaign.) “This project will link our busiest transportation hubs serving people coming downtown by bus, light rail, ferry, Sounder, and Amtrak train creating a more seamless and convenient transportation system.”

Former mayor Jenny Durkan paused work on the downtown streetcar connection in 2018, citing cost overruns. Before and since then, streetcar skeptics have argued that the downtown line is redundant with existing bus and light rail service and would not serve enough riders to justify the ballooning cost. Last year, the city council gave the long-moribund streetcar a kickstart by providing $2.4 million in funding to resume work on the project.

It’s unclear who’s behind the poll; local political consultants, transit advocates, business groups, and streetcar proponents all told PubliCola it wasn’t them.

3. During an update on the city’s efforts to established an alternative response system for 911 calls that don’t require an armed response, city council public safety committee attempted to clarify an issue that recently confounded a prominent local columnist: The so-called “Z disposition” the Seattle Police Department gives to certain low-priority calls.

Previously, committee chair Lisa Herbold noted, dispatchers would routinely put the 911 system into “priority call status,” meaning that calls that didn’t rank in SPD’s top two “priority” designations (which include violent crimes and crimes in progress) would not get any response at all. Now, an officer reviews lower-priority calls before deciding whether they merit a response before dismissing them. “In my mind, that’s that’s a better approach, because at least you’re having somebody on the ground with law enforcement expertise making that decision,” Herbold said.

In April, she added, the city’s Office of Police Accountability recommended establishing a clearer system for assigning low-priority calls, in response to a high-profile complaint about two officers who ate breakfast near the Ballard library rather than responding immediately to a call about a person asleep inside their car.

Councilmember Sara Nelson said that in her view, the new system is actually worse, because under “priority call status,” police would at least tell low-priority callers to call back or give them a general estimate of when they might hear back about their call. “There is a customer service issue going on with the call with the system right now with no communication and that’s why people are getting upset,” Nelson said.

Efforts to replace police with civilian responders for some 911 calls remain largely stalled, and the Seattle Police Officers Guild has demanded to bargain any changes to the SPD-centric 911 response system.

Proposal Would Prevent Mayors from Burying Complaints Against Police Chief; Nelson Cherry-Picks Study to Claim Forced Treatment Works

1. The actions of Seattle Police Department officers during the protests against police brutality in 2020 led to more than 19,000 complaints against officers and then-police chief Carmen Best, which the city’s Office of Police Accountability subsequently consolidated into just 143 cases.

Most of those cases are now resolved. About 10 are still being processed, with “completion” rates, according to the OPA’s Demonstration Complaint Dashboard, between 75 and 90 percent. Just three complaints remain stalled at 50 percent complete. All are from 2020, and all three name former police chief Carmen Best as a subject.

City law empowers the OPA, which is an independent office within the police department, to decide whether investigating a complaint would create a conflict of interest, which the office did in these three cases involving Chief Best. Because the three complaints would have essentially investigating the boss, OPA referred them to then-mayor Jenny Durkan, who initially wanted the Office of the Inspector General, an independent police accountability agency, to do the investigation.

When the OIG declined, the case went back to the OPA, which asked to assign the investigation to an outside agency. Instead of acting, Durkan apparently sat on the complaints against Best, leaving them to languish until her successor, Bruce Harrell, forwarded them to an outside agency. Harrell’s spokesman, Jamie Housen, said the administration found out about the languishing cases in January and referred them to an external investigator late that month.

Legislation filed by city councilmember Lisa Herbold would prevent the mayor and OPA director from burying complaints against the police chief in the future by setting up a formal process, and deadlines, for the OPA to refer complaints against the police chief to an outside investigator.

Under the proposed new process, which Harrell supports, if the OPA decided a complaint against the police chief merited an investigation, the bill would require the OPA director to decide whether the complaint should be investigated by the city’s Department of Human Resources or an entity completely outside the city.  The OIG would review OPA’s recommendation and decide where to route the complaint, based on a process laid out in the legislation. The proposal would also give the OIG a stronger oversight role in complaints and investigations involving the police chief.

The first of the three cases the city failed to investigate involves Chief Best’s claim (later retracted) that armed people were running an extortion racket at the Capitol Hill Autonomous Zone (CHAZ) during the protests. As the South Seattle Emerald reported this week, Best apparently knew the claim was a hoax when she repeated it to officers in a videotaped statement to officers working at the protests.

The second unresolved case accuses Best of lying about errors made by Seattle police and fire officials that prevented emergency responders from reaching a man who had been shot in the protest zone; Best told reporters (falsely, according to reporting by KUOW) that protesters had blocked the path of emergency vehicles, contributing to the man’s death.

The final case involves the police department’s use of tear gas against demonstrators in early June, 2020, after Seattle Federal District Judge Richard Jones granted a temporary restraining order against the department.

One goal of the bill is to “protect against any abuse of discretion that might occur if the Mayor or OPA Director are involved in the complaint or seek to conceal the complaint” in the future, according to the bill text.

A spokesperson for the OPA declined to comment for this story. The outside investigation into the three cases is reportedly wrapping up.

2. City Councilmember Sara Nelson told a constituent in an email last week that her own experience going to treatment convinced her that mandatory treatment is an effective response to homeless people who commit crimes because of their addiction—and “less expensive than most housing options,” too.

The email, which Nelson forwarded to all her council colleagues, came in response to a constituent who sent a link to a study finding that out of 160 people in an employment-based treatment program, the 131 who were required to go to treatment by a court were more likely to complete treatment than the 29 who went voluntarily.

“If a person stays sober for even six months, that’s less expensive than most housing options and far less deleterious to a person’s ability to find future housing and employment than having a record.”—City Councilmember Sara Nelson

“I’m not surprised by its argument that mandating (or ‘stipulating’ as used in the paper) treatment is more effective than commonly thought because I’m in recovery myself and when I went to a residential treatment program, I met many people who were in treatment for the first time and only because court-ordered,” Nelson wrote, adding that about half of the people she kept up with from treatment were still sober.

“A month of private in-patient or 6 months of outpatient treatment costs about $10,000,” Nelson continued. “If a person stays sober for even six months, that’s less expensive than most housing options and far less deleterious to a person’s ability to find future housing and employment than having a record. And treatment leads to better health outcomes than jail.” Continue reading “Proposal Would Prevent Mayors from Burying Complaints Against Police Chief; Nelson Cherry-Picks Study to Claim Forced Treatment Works”

Controversial Officer Gets Short Suspension for Shattering Driver’s Window; Woodland Park Sweep Houses Four People; County Councilmember Dunn Votes “No” on Choice

1. Last month, Seattle’s Office of Police Accountability, which investigates allegations of officer misconduct, dismissed most of a complaint filed by a police lieutenant against SPD officer Andrei Constantin, who deliberately shattered the window of a car parked at a gas station while the driver and a passenger were inside. Of five allegations, including charges of retaliation and dishonesty, the OPA upheld only two—failing to document the smashed window and behaving unprofessionally. As a penalty, Police Chief Adrian Diaz issued an eight-day suspension.

If Constantin’s name sounds familiar, that’s because this isn’t the first time his actions have landed him in the press. In 2020, Constantin was outed as the person allegedly responsible for an anonymous Twitter account that, among other inflammatory statements, mocked victims of police violence, including George Floyd, promoted violence against protesters, and called for donations to a defense fund for a driver who killed a demonstrator on I-5 in the summer of 2020.

Since that controversy, police accountability watchdogs have unearthed at least four other OPA complaints against Constantin, many of them containing multiple misconduct allegations, in the last five years. Many of those resulted in referrals for training rather than suspensions or more serious punishment. The complaints identified on the SPD.watch website, a joint project of DivestSPD and Tech Bloc Seattle, included: Pulling over a driver without justification, pointing a gun at him, and handcuffing him; threatening to use his Taser on a man who was not being threatening; stopping a homeless Black bike rider and detaining him for nearly an hour because he wasn’t wearing a helmet; and a use-of-force allegation that the OPA hasn’t yet resolved.

According to the OPA report on this latest incident, Constantin saw a car parked at a gas station, ran driver’s plates and determined that the title to his car hadn’t been transferred when it was sold. When Constantin approached the car, the driver, who was Latino, got back in the car and rolled up the window, according to the report. At that point, Constantin “used a hard object to strike and shatter the driver’s side window” while the driver and a passenger were inside. In his own report on the incident, Constantin withheld the fact that he had smashed the person’s window.

A disciplinary action report recommending the suspension noted that Constantin had been disciplined for misconduct twice before. “[Y]ou did not have probable cause to arrest or any basis to engage in a vehicle pursuit. Despite this, you destroyed a community member’s property,” the report says. “That is an act akin to vandalism done under the purported color of law.”

2. The site of a longstanding encampment in Lower Woodland Park was quiet and mostly empty on Tuesday afternoon, save for a group of volunteers trying to start a vehicle and push it out of the park. Piles of pallets, tarps, and trash were the only evidence that dozens of people had been living on site for months, many of them as recently as a few hours earlier.

More than 95 percent of the Woodland Park encampment residents who accepted referrals from the HOPE Team were offered emergency shelter, not housing.

By 2pm, workers with the city’s Parks Department had surrounded most of the former encampment site with caution tape and posted large “PARK TEMPORARILY CLOSED” signs at the entrances to the area; parks employees stationed at the east end of West Green Lake Way asked drivers entering the area where they were going.

The city has spent five months doing outreach at the park and offering shelter beds to people on a “by-name list” of those who were living on site back in February. Since then, dozens more have arrived who were not on that original list, including at least some who moved to the park because they heard it was scheduled for a sweep, effectively unlocking city services that are not available at other encampments. The HOPE Team, run by the city’s Human Services Department, has exclusive access to about a third of the city’s shelter beds, which it offers to people living in encampments in the runup to sweeps.

According to Mayor Bruce Harrell’s office, the city’s HOPE Team made 83 offers of “shelter or housing” to people living in the park, including most of the people on the original 61-person list. Seventy-nine of those offers were for shelter; just four people moved into permanent supportive housing. Other than the four housing referrals, the city does not have data on how people actually enrolled in shelter.

The goal since the onset of this coordinated engagement was to ensure that everyone residing onsite received an offer of shelter and that the vast majority were  connected to the best-suited shelter and support services,” Harrell spokesman Jamie Housen said. As of Tuesday morning, the city had 42 shelter beds available for those who remained on site; 27 accepted referrals, including 20 referrals into tiny house villages run by the Low-Income Housing Institute. 

As always, people who receive “referrals” do not necessarily show up and stay at a shelter, and people who enroll in a shelter within 48 hours—”enrollments,” in the city’s nomenclature—do not necessarily stay there. (More on the HOPE Team’s low shelter enrollment rate here). And media reports, like this one, that claim dozens of people moved into “housing” are, at best, misleading, since more than 95 percent of the Woodland Park encampment residents who accepted referrals from the HOPE Team were offered emergency shelter, not housing.

One reason the city was able to offer so many shelter beds—particularly tiny house village spots, which are in high demand—is that they reserved spots specifically for this encampment removal; the referral rate is not representative of the number of beds available to the HOPE Team on a typical night, nor is it close to the number accessible to nonprofit outreach groups like REACH, which access shelter beds through a separate pool.

According to HSD spokesman Kevin Mundt, the Low-Income Housing Institute made about 30 of its shelter beds available to people living in Woodland Park, including 16 spots at tiny house villages.

The park will be closed until next Monday, according to Housen, so that Parks employees can “focus on returning the park to its intended use (access to recreation, hosting events and sports, and sustaining critical natural area).”

3. King County Councilmember Reagan Dunn, currently running as a Republican against Democratic US Rep. Kim Schrier in Washington’s 8th Congressional District, cast the lone “no” vote against a resolution supporting women’s right to choose and affirming the validity of the 1973 Roe v. Wade decision, which the US Supreme Court is poised to overturn. Even the council’s other Republican, Pete Von Reichbauer, voted to support the measure after several council members, including women and gay men, spoke passionately about their support for the right to abortion as well as other rights that could be threatened if Roe goes away, such as the right to same-sex marriage.

Dunn did not explain why he voted against the measure, which “declares [the council’s] support of a woman’s right to reproductive freedom and of Roe v. Wade as settled law of the land” and asks the health department to “actively enforce” existing law regulating so-called “crisis pregnancy centers”—sites run by religious groups that attempt to talk pregnant women into going through with their pregnancies.

Dunn, a moderate by contemporary Republican standards, is up against several more conservative primary-election challengers peddling conspiracy theories and touting their support for Trump. Still, his vote against a nonbinding pro-choice resolution places him out of the mainstream of Washington politics, and could alienate many voters in his district; Schrier, a Democrat, ran against anti-choice Republican Dino Rossi and won on an explicitly pro-choice platform.

Police Accountability Office Dismissed Widespread Mask Violations as “Cultural Issue”

Photo by Adam Cohn on Flickr; Creative Commons license

By Erica C. Barnett

A new report from the Seattle Office of the Inspector General (OIG) found that the Office of Police Accountability, which investigates allegations of officer misconduct, routinely dismissed complaints from the public about officers refusing to wear masks as required, viewing noncompliance as a “cultural problem” rather than individual insubordination. A spokeswoman for the OPA said the office “does not investigate systemic issues, which are the sole purview of the OIG.”

The OPA did not sustain (uphold) any of the 98 complaints the OIG reviewed about officers ignoring the mask mandate. These complaints included a highly publicized incident in which an officer refused to wear a mask inside a hospital; that officer was disciplined for violating SPD’s professionalism policies, but the OPA said mask noncompliance was a “systemic issue that needs to be remedied” by the department, not a matter for individual discipline.

The report also found that SPD supervisors rarely disciplined officers even for third, fourth, and fifth violations of the mask mandate, using “supervisor actions” (training or coaching by a supervisor, usually reserved for minor policy violations) in lieu of formal discipline.

“Director Myerberg explained that he perceived the mask non-compliance as indicative of a serious culture issue within SPD and stated that it was not sustainable for OPA to be the ‘thought police’ of the Department.”—Inspector General report on widespread mask violations at SPD

The OPA spokeswoman declined to comment on the OIG’s conclusions.

“I think what you see with the frustration expressed by OPA and the tone of this report is an acknowledgement that such widespread non-compliance with policy, and even direct orders, can’t be adequately addressed by piecemeal, individual discipline or external policy recommendations,” Inspector General Lisa Judge told PubliCola. “Issues like this that have a strong underlying cultural or philosophical root require action on the part of leadership to shift that culture to change behavior.”

According to the report, both the OPA and SPD treated officers’ refusal to comply with mask mandates as a “minor nondisciplinary issue,” even after the state Department of Labor and Industries penalized the department on two separate occasions for “serious” violations of state law requiring work sites to be “free from recognized hazards that are causing, or are likely to cause, serious injury or death.”

For the first violation, from February 2021, L&I fined SPD $5,400 and outlined a course of disciplinary action, including progressive discipline (discipline that becomes more severe with additional violations) for officers cited for failing to follow mask rules more than twice. L&I ultimately closed that complaint because officers were using various tactics to slow down disciplinary proceedings against them, making it harder for the OPA to investigate and punish officers who wouldn’t wear mask.

L&I’s second citation, from July 2021, involved multiple complaints that officers weren’t wearing masks while responding to public demonstrations. Although the agency couldn’t interview any of the officers involved in this second complaint because they were all on furlough or refused to cooperate, L&I issued a $12,000 fine.

According to the report, then-OPA director Andrew Myerberg, now a public-safety advisor to Mayor Bruce Harrell, “noted that it seemed procedurally unjust to sustain an insubordination allegation against an individual officer when others higher in the chain of command might also not be wearing masks.

“Director Myerberg stated that no one in headquarters wore masks and related that someone had sent OPA a photo of multiple lieutenants, captains, and chiefs celebrating an event at headquarters without any masks. Director Myerberg explained that he perceived the mask non-compliance as indicative of a serious culture issue within SPD and stated that it was not sustainable for OPA to be the ‘thought police’ of the Department.” Continue reading “Police Accountability Office Dismissed Widespread Mask Violations as “Cultural Issue””

Professionalism Complaints Make Up Largest Number of SPD Misconduct Allegations

By Paul Kiefer

An annual report by Seattle’s Office of Police Accountability (OPA) released on Tuesday contained a revealing statistic: Of the nearly 1,500 misconduct allegations brought against Seattle police officers last year, the largest number—more than 20 percent—involved unprofessional behavior. In one well-publicized case, an officer refused to wear a mask inside Harborview Medical Center; in another, an officer referred to a trans protester as “that.”

The Seattle Police Department’s professionalism standards are broad, so unprofessional conduct can include anything from insulting a member of the public to covering up mistakes. Consequences for unprofessional behavior are generally light, typically ranging from “training referrals”—often a conversation with an officers’ supervisor—to written reprimands that appear on an officer’s permanent record. In certain cases, the OPA can resolve complaints quickly through a process called “rapid adjudication”; however, the OPA did not resolve any complaints through rapid adjudication in 2021.

While a federal court has tracked SPD’s progress toward reducing racially biased policing and excessive force for the past decade, professionalism issues have not sparked similar scrutiny. Recent OPA data suggests that officers accused of violating SPD’s professionalism standards are more likely to be disciplined—more than half of the misconduct cases the OPA sustained since January involved unprofessional behavior—but in reviews of SPD practices by accountability agencies, professionalism concerns draw only brief attention. The Office of the Inspector General’s most recent assessment of SPD’s protest response in 2020, for instance, suggested that “SPD officers should eliminate their use of sarcasm or confrontational dialogue with protesters” but made no other mentions of unprofessional behavior.

Seattle City Councilmember Lisa Herbold, who chairs the council’s public safety committee, told PubliCola that professionalism issues within SPD aren’t new, though the OPA’s recent policy recommendations for SPD generally have not addressed those problems.

Some accountability advocates say that although systemic reviews of SPD pay relatively little attention to professionalism complaints, disrespectful or unprofessional treatment of the public by police officers still matters. “The issue of professionalism and the police force cuts to the heart of culture change,” said Leslie Cushman, a spokesperson for the Washington Coalition for Police Accountability. “Disrespect is disregard, it is dehumanizing, and it is thumbing their nose.” Continue reading “Professionalism Complaints Make Up Largest Number of SPD Misconduct Allegations”

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””

SPD Briefly Suspends Officers Who Shot Man in Crisis on Seattle Waterfront

Officer Willard Jared aims his weapon at Derek Hayden on February 16, 2021.

By Paul Kiefer

Interim Seattle Police Chief Adrian Diaz has suspended two officers for failing to de-escalate before fatally shooting 44-year-old Derek Hayden on the Seattle waterfront in February 2021. According to an investigation by Seattle’s Office of Police Accountability (OPA), Officers Cassidy Butler and Willard Jared acted recklessly when they responded to a call for backup from two Port of Seattle Police officers who were following Hayden along Alaskan Way. Hayden was carrying a knife and threatening to kill himself. Within seconds of their arrival, Butler and Jared opened fire, killing Hayden.

Although former OPA Director Andrew Myerberg ruled that the officers did not follow SPD’s de-escalation guidelines, he did not rule that the shooting itself violated department policy. Diaz suspended Butler for one day and Jared for three days.

The ruling marks the second time in less than a year that SPD has disciplined officers for failing to de-escalate before shooting a person in crisis. In August 2021, the department suspended Officer Christopher Gregorio for 20 days after the OPA ruled that he had exacerbated a tense confrontation with 57-year-old Terry Caver on a Lower Queen Anne sidewalk the previous year; the confrontation ended when Gregorio shot and killed Caver, who was carrying a knife and suffering from an apparent acute schizophrenic episode. Citing Caver’s death in his assessment of Butler and Jared’s actions, Myerberg reiterated his call for SPD to “revamp” its training on how to respond to people carrying knives.

On the night of February 16, 2021, Hayden approached a Port of Seattle Police cruiser parked on Seattle’s waterfront and asked the officers inside to kill him. The officers called for backup. The first SPD officers to arrive joined their Port Police counterparts, following Hayden at a distance as he walked along the waterfront. Butler and Jared, however, pulled their cruiser within 20 feet of Hayden. Jared stepped out onto the street, carrying an assault rifle, and yelled for Hayden to drop his knife. Seconds later, Hayden walked towards Jared, raising his knife into the air. Both Butler and Jared opened fire, mortally wounding Hayden. Almost simultaneously, the nearby Port Police officer fired a foam-tipped round in an attempt to subdue Hayden, but it was too late—Hayden fell to the pavement and died at the scene.

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Butler and Jared later told investigators that they had arrived at the waterfront without a well-developed plan; most of their pre-planning, Jared told investigators, entailed “trying to figure out where they were going and how to get there.” Instead of joining the officers following Hayden at a distance, Butler and Jared chose to hem him in with their cruiser.

Having placed himself within feet of Hayden—and without any barrier between them—Jared argued that he had no choice but to open fire when Hayden walked in his direction. Jared cited the “21-foot rule”: According to training he received while working for SPD, a person carrying a knife within 21 feet of an officer presents enough of a threat to merit using deadly force. Butler, who positioned herself behind the hood of the cruiser, claimed that she fired at Hayden to protect her partner. Continue reading “SPD Briefly Suspends Officers Who Shot Man in Crisis on Seattle Waterfront”

Parking Officer Falsified Tickets, Canceled Homeless Count Un-Canceled, City Pays to Clean Up Mess at Police Firing Range, and More

1. Seattle’s Office of Police Accountability (OPA) released its first investigation into misconduct by a parking enforcement officer since the city’s parking enforcement unit moved from the Seattle Police Department to the Seattle Department of Transportation last year. OPA investigators found that the officer had falsified more than 100 parking citations and warnings to appear more productive.

The officer’s supervisor complained to the OPA after a review of the officer’s work turned up more than a dozen warnings and citations issued to the same car in a short time span—supervisors later learned that the car belonged to the mother of the officer’s children. Looking deeper into the officer’s work log, supervisors discovered that his GPS location often didn’t match the location of cars he cited. The officer later confessed to the OPA that he pretended to be productive by creating warnings or citations for nearby vehicles and listing an inaccurate location for the non-existent parking violation. The OPA determined that the officer had committed perjury and fraud, leaving SDOT leadership to decide how to discipline him.

The OPA’s investigation began while the parking enforcement unit was still housed within SPD, but it concluded after the unit moved to SDOT in the summer of 2021. The OPA is still technically a part of SPD, but the city’s ongoing efforts to move some law enforcement functions out of the police department has expanded the OPA’s footprint; the parking enforcement officer’s case, the first OPA has referred to SDOT for discipline, is a prime example. The OPA also has jurisdiction over the city’s 911 dispatchers, who moved out of SPD last year into the newly created Community Safety and Communications Center.

2. In a reversal of a decision announced late last year, the King County Regional Homelessness Authority will perform an in-person manual count of the region’s homeless population in March. According to agency spokeswoman Anne Martens, the March count will serve as the official Point In Time (PIT) Count for King County. The federal Department of Housing and Urban Development (HUD) requires homelessness agencies, including the KCRHA, to physically count the unsheltered homeless population in the area they oversee every two years, although King County has historically done an annual count.

The last scheduled count, in 2021, was scuttled by COVID. In announcing their initial decision to skip this year’s count, the agency argued that because the count is only required in odd-numbered years, “2022 is not a required year.” HUD disagreed and said that KCRHA could be penalized in future requests for federal funding, but Martens told PubliCola in December that HUD had agreed to waive the requirement after the agency announced a new tally based on data obtained from homeless service providers, among other sources.

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At a meeting of the Seattle City Council’s homelessness committee earlier this month, authority CEO Marc Dones characterized the March head count as “a rough count” and noted that the authority is basing its planning on the data-based estimate of 45,000 people experiencing homelessness in King County in 2019. That number dropped to around 40,000 in 2020, largely because fewer people were accessing the homeless services on which that estimate is based.

Martens said the March head count “will be deemed a PIT Count for HUD purposes.” The agency will also be doing qualitative research to determine “the ‘why’ and the context around homelessness… to help us build our system in a way that centers people with lived experience,” Martens said.

3. The city of Seattle has paid more than $140,000 to clean up a wetland in Tukwila after the Seattle Police Athletic Association (SPAA), a 70-year-old nonprofit that runs a clubhouse and firing range for Seattle police officers, dumped truckloads of dirt, tires, concrete and other debris onto the marshy banks of the Duwamish River last year.

SPAA is currently not paying for any part of the restoration effort; instead, that burden falls to Seattle’s Department of Finance and Administrative Services (FAS), which owns part of property occupied by the gun range. FAS spokesperson Melissa Mixon told PubliCola that her department can’t comment on whether SPAA will contribute to the restoration costs because of pending litigation.

As PubliCola reported last year, the association used the dirt and debris, which came from an unknown construction site in the Seattle area, to build a backstop for the association’s firing range. Tukwila’s code enforcement office issued a stop-work order in May. According to Mixon, the city is still working to restore the site and is “staying on target with deadlines discussed with Tukwila.”

4. Seattle Public Library employees who staffed library branches during the recent winter weather emergency will receive retroactive payments of $150 for every shift they worked between December 24 and January 3. Former mayor Jenny Durkan issued an executive order providing incentive pay to all “frontline” executive-branch employees on December 24, but because the library is not an executive department, the offer did not extend to library staffers. According to an SPL spokeswoman, the payments will go out to all eligible employees, including library associates, librarians, security officers, and custodial workers, once it’s approved by the library union.

—Paul Kiefer, Erica C. Barnett

 

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.

SPD Staffing Hits Historic Low, Police Oversight Leader Addresses Protest Ruse, 911 Call Center Outage Explained

1. After a second year of high attrition, the Seattle Police Department now has about 950 officers in service, down from 1,282 in 2019. Meanwhile, the department’s efforts to boost recruitment haven’t produced results, leaving SPD with no clear path out of its staffing predicament.

The decline of SPD’s ranks to fewer than 1,000 active officers marks a new milestone for the department, which now has fewer officers than it did in 1970, when Seattle had two-thirds its current population. An additional 170 officers are currently on leave, including more than two dozen unvaccinated officers who are burning through their remaining paid leave before they leave the department.

The Seattle Police Officers’ Guild (SPOG), which represents the department’s rank-and-file officers and sergeants, has not reached an agreement with the city about the vaccine mandate for city employees, which went into effect on October 18. SPOG is the only city union that has not reached an agreement with the city about the mandate, and its negotiations appear to have stalled.

The shortage of officers has gutted SPD’s detective units, and “augmentation emails”—requests for non-patrol officers to volunteer for patrol shifts to meet minimum staffing requirements—have become a near-daily feature of departmental operations.

The department’s new hiring incentive program, which former mayor Jenny Durkan introduced in October, hasn’t resulted in “any uptick in applications,” SPD spokesman Sergeant Randall Huserik said. The bonus program offers up to $10,000 for new recruits and $25,000 for officers who transfer from other departments.

Interim SPD Chief Adrian Diaz maintains that the department needs at least 1,400 officers. During the city council’s budget deliberations last fall, SPD set a hiring goal of 125 new officers in 2022. Although the council voted to accept that assumption when adopting SPD’s 2022 budget, some council members, including budget chair Teresa Mosqueda, expressed doubt that SPD will see a net increase in officers this year.

2. Office of Police Accountability (OPA) Director Andrew Myerberg offered more details about the Seattle Police Department’s policies on ruses during Tuesday morning’s meeting of the Seattle City Council’s public safety committee, responding to questions about a widely criticized disinformation campaign an SPD captain launched during protests in June 2020.

On the night of June 8, 2020, then-captain Brian Grenon instructed a group of his officers to transmit a series of radio messages that would give protesters listening in on police radio channels an inflated impression of the number of SPD officers patrolling the city. Some of the officers concocted a story about a group of far-right extremists wandering through downtown, possibly with weapons, in search of a clash with Black Lives Matter demonstrators. The transmissions sparked anxiety among protesters gathered near Cal Anderson Park on Capitol Hill, putting many on edge.

In September, Myerberg’s office determined that Grenon and a fellow supervisor were to blame for “improperly add[ing] fuel to the fire” during a tense month of protests. The OPA absolved the lower-ranking officers of wrongdoing, citing the lack of supervision they received from Grenon; on Tuesday, Myerberg commented that the officers were “set up to fail” by their supervisors. Higher-ranking SPD commanders, including Assistant Chief Tom Mahaffey and then-chief Carmen Best, told OPA investigators that Grenon didn’t ask for permission to use the ruse. Grenon and the other supervisor resigned from SPD months before the OPA concluded its investigation, which didn’t become public until last week.

While SPD policy and Washington state law allow police officers to use ruses while working undercover or to address “an exigent threat to life or public safety,” the same law prohibits ruses that are so “shocking” that they lack “fundamental fairness.”

Myerberg also pointed out that SPD policies don’t currently require officers to document ruses—a challenge exposed by the June 2020 ruse, which neither Grenon nor any lower-ranking officers documented. While Myerberg expects that SPD will soon update its policies to require officers to keep records of their ruses, he does not anticipate that the department will ban the tactic.

Councilmember Andrew Lewis took the opportunity to point out a pattern of the highest-ranking SPD commanders absolving themselves of responsibility for high-profile mistakes during the 2020 protests, citing the abandonment of the East Precinct—for which the OPA held Assistant Chief Mahaffey responsible—as a corollary example. “I’m tired of reading the news about the latest thing that came out of 2020, and everyone in the mayor’s office and the front office of SPD says they didn’t know about it, and everything gets dropped on some guy in the middle,” he said. “I don’t think that’s an effective way to run a hierarchical organization.”

Committee chair Lisa Herbold also raised criticisms of the investigation, questioning Myerberg’s decision not to rule that the lower-ranking officers violated department policy.

3. A series of technical failures and human errors snowballed into an hour-long 911 outage in Seattle last month, the interim director of Seattle’s Community Safety and Communications Center (CSCC) told the council’s public safety committee on Tuesday.

The outage began in mid-afternoon on December 9 when the company that provides an internet connection for Washington’s 911 operating centers was doing routine maintenance. For unknown reasons, the backup network failed, disconnecting 911 lines across the state.

According to CSCC Director Chris Lombard, emergency calls automatically re-routed to his center’s alternative phone line. Responders didn’t realize initially that the flood of calls to the secondary phone number included emergencies; when they noticed the problem, supervisors instructed call-takers to treat calls on the alternative number as priorities.

The chaos intensified when the CSCC attempted to send a push alert to Seattle residents instructing people to call the alternative phone number for emergencies. Instead, Lombard said, the message went “well beyond” Seattle, reaching people as far away as Kitsap County. “Many, many” people misread the message, Lombard continued, and called the CSCC’s backup phone number to test if it was working. Within minutes, calls to the CSCC increased by more than 1,200 percent, overwhelming call-takers.

In the future, Lombard said that he would like King County’s 911 center to handle emergency alerts, and that he hopes emergency alerts will direct people to a website, not a phone number.

Even without unexpected outages, the CSCC is struggling to keep up with call volumes: According to Lombard, between December 20 and January 3, CSCC staffers were unable to pick up 15 percent of calls to their non-emergency line. The 911 call center has struggled to recover from two years of high attrition that left more than half of its call-taker positions empty, although Lombard reported that applications for call-taker positions have increased five-fold since the city introduced a hiring incentive program for the CSCC.

—Paul Kiefer