Tag: Office of Police Accountability

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

Seattle Deputy Mayor Casey Sixkiller

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

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

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

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

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

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

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

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

Not all of these rooms will be used as shelter.

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

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

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

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

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

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

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

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

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

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

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

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

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

Investigations into Police Conduct at Protests Provides Window into Office of Police Accountability

Protest at 11th Avenue and Pine Street on Capitol Hill in June 2020 (Creative Commons)

By Paul Kiefer

Seattle’s Office of Police Accountability (OPA) is less than halfway through the 142 investigations it launched into the Seattle Police Department’s response to last summer’s protests—the result of nearly 20,000 individual complaints. Since September, the office has closed 55 of those investigations.

Relatively few of the investigations resulted in the OPA finding an officer guilty of misconduct significant enough to merit discipline: The office only ruled that officers seriously violated department policy in 12 cases. Some involved well-publicized incidents. For example, the OPA ruled that an SPD officer breached department policy when he threw a tear gas canister at an NBC news crew in Cal Anderson Park on June 1, hitting correspondent Jo Ling Kent in the arm. Of the 12 officers involved in those incidents, SPD has issued written or oral reprimands to six, including the officer who threw the tear gas canister at the news crew. The other six officers await a disciplinary decision from Interim Police Chief Adrian Diaz.

But the OPA isn’t limited to deciding whether or not an officer needs discipline. The office’s rulings on protest-related misconduct allegations have been a window into the OPA’s toolkit—and into the strategic thinking of its director, Andrew Myerberg.

Training Referrals

In about 20 percent of protest cases, Myerberg recommended “training referrals” instead of discipline. A training referral directs SPD to re-train an officer on the specific policy or practice they violated; the OPA typically issues the referrals to first-time offenders.

In one case, an officer received a training referral for having his body-worn video camera off when he fired a pepper ball at a reporter reaching into her bag at a protest on Capitol Hill; after watching the bodycam footage from a nearby officer, the OPA concluded that SPD couldn’t hear the reporter identify herself as press, and believed she was reaching into her bag for something to throw at him. Another officer was referred to training after insinuating that he would ticket a bicyclist who questioned why SPD officers were using a Seattle Public Schools property as a staging ground.

La Rond Baker and Erin Goodman, the co-chairs of Seattle’s Community Police Commission—one of the OPA’s counterparts in the city’s police accountability system—said it was unclear that training referrals are having their intended effect. “We believe there needs to be a critical conversation both about the effectiveness of these trainings, and the negative effects limited disciplinary sanctions might have on the culture of the Seattle Police Department and public trust in Seattle’s accountability system,” they told PubliCola in a joint statement.

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Myerberg says that the OPA hasn’t collected data about how well the training referrals work—for example, by tracking whether officers who go through mandatory training break the rules again—because of staffing restraints. “We have anecdotally looked at behavior changes,” he said, adding that his office hasn’t seen any noticeable patterns of repeat offenses.  Nevertheless, the OPA hasn’t formally reviewed the recidivism rates of officers who receive training referrals.

He also argues that issuing training referrals for first-time offenses that aren’t serious uses of force, bias incidents or dishonesty is a matter of fairness. Recommending more serious consequences for those first-time offenses wouldn’t be appropriate, Myerberg said, because “there’s no other employer that would hold their employees to that high a standard,” particularly given the unusual pressures of officers’ jobs—though, as police accountability advocates pointed out routinely over the past year, no other employer gives its employees the right to detain or kill. He added that issuing training referrals is an opportunity to push SPD supervisors to take a more active role in correcting officers’ behavior and department culture.

 

Management Action Recommendations

In some cases—like that of the British journalist who SPD officers arrested at Cal Anderson park last July—the OPA ruled that officers acted in line with department policy, but that their actions pointed to flaws in policy or training (rather than in the officers’ judgment). When those situations arise, Myerberg can issue a “management action recommendation” to suggest changes to the department’s policy manual and training curriculum.

Since September, Myerberg has issued eight of those recommendations. Those include a recommendation that SPD train its officers to make fewer misdemeanor arrests at protests to avoid escalating tensions, and that the agency screen its social media posts for accuracy. Current SPD policy only requires the department to screen tweets about shootings by officers and other incidents in which police kill or seriously injure people. Continue reading “Investigations into Police Conduct at Protests Provides Window into Office of Police Accountability”

State Proposal Creating Community Oversight Boards for Police Could Have Unintended Consequences

By Paul Kiefer

A bill that would create a framework for civilian oversight of law enforcement agencies across Washington state is making its way toward a vote on the floor of the state house, but police accountability experts say that the bill needs refinement to avoid unintended consequences.

The bill, sponsored by Rep. Jesse Johnson (D-30), would require every jurisdiction statewide that employs 15 or more law enforcement officers to create a “community oversight board” to receive and investigate civilian complaints about police misconduct. It also sets some rules for board membership, barring people who work for or have close ties to law enforcement and reserving seats on each board for community members.

Unlike most cities in Washington, Seattle already has a trio of police oversight bodies: the Office of Police Accountability (OPA), which investigates individual cases of misconduct; the Office of the Inspector General (OIG), which reviews Seattle Police Department policy and tactics and issues recommendations; and the Community Police Commission (CPC), which mostly plays an advisory role for SPD. In its current form, the bill would allow Seattle to keep all three bodies, but with some significant changes, including requiring the OPA to rebuild an all-civilian investigation team and potentially move outside of SPD, limiting its access to department records.

When the House Public Safety Committee fielded comments on the bill on January 26, OPA director Andrew Myerberg told the committee that he could not fully support the proposal. In its original form, the bill didn’t create a clear exception for accountability agencies like the OPA. “I do agree with the bill insofar that I believe civilians can do the work of police accountability and do it well,” Myerberg said, but he worried that the framework for community oversight outlined in the bill would require jurisdictions like Seattle to dismantle their existing civilian oversight structures and replace them with a single board tasked with both misconduct investigations and policy advising.

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

After the first round of testimony, Johnson worked with representatives from Seattle and Spokane, which also has an existing police oversight agency, to amend the bill with concerns like Myerberg’s in mind. The most notable adjustment was the inclusion of a clause allowing jurisdictions with “multiple similar oversight bodies” to retain those agencies if they comply with the rest of the bill’s contents. One of the goals of the changes, Johnson told PubliCola, “is to preserve the functions of the OPA as long as the membership rules for community oversight boards are implemented within the OPA.”

To do so, Johnson said, the OPA would need an all-civilian investigative team by January 2023. Currently, nine of the OPA’s 11 investigators are sworn police officers—a consequence of Seattle’s contract with the Seattle Police Officers Guild, which limits the number of civilian investigators. If passed, the bill would supersede Seattle’s agreements with its police unions. The bill would also require the OPA to reserve some of its civilian staff positions for people representing impacted communities. Continue reading “State Proposal Creating Community Oversight Boards for Police Could Have Unintended Consequences”

How Reforms for Off-Duty Police Work Died on the Vine

Image reprinted through a Creative Commons license.

By Paul Kiefer

In May of 2017, serious changes to the Seattle Police Department’s oversight of its officers’ off-duty work appeared to be imminent.

For years, officers found off-duty work as security guards and traffic flaggers in Seattle through an opaque system rife with real and perceived conflicts of interest. Though officers leveraged the power of their department jobs to find high-paying work in their free time, SPD didn’t oversee how much its officers charged for their services, screen outside employers, or closely monitor officers’ adherence to department rules. The system was based on trust, and it often failed. As early as 2005, a Seattle Times investigation found that dozens of officers skirted department rules prohibiting them from working in bars and nightclubs, sometimes acting as bouncers, while supervisors looked the other way.

But even after some basic reforms, the world of off-duty employment remained a gray area in which officers’ duties to the public and loyalties to their employers were blurred. For a decade, police accountability experts, including the City Auditor and retired judge Anne Levinson, pushed the department and city council to intervene.

In June of 2017, the council passed a sweeping accountability ordinance that included the requirement—long championed by reform advocates—that SPD use civilians to independently manage and oversee its officers’ secondary employment in-house, with the goal of creating a transparent system that would give the city control over allocating contracts and setting prices at no cost to the public.

Four months later, then-police chief Kathleen O’Toole highlighted the urgency of those reforms by asking the FBI to investigate allegations that SPD officers, with the help of the Seattle Police Officers’ Guild (SPOG), conspired to inflate hourly prices and intimidated business and property owners to stave off competition. As the FBI launched its investigation, then-mayor Tim Burgess doubled down on the reforms in the accountability ordinance, signing an executive order directing SPD to create a timeline and work plan for taking over management of officers’ off-duty work.

But more than three years later, SPD has made almost no progress toward managing its officers’ off-duty work, and the windows for corruption that sparked the FBI investigation in 2017 remain wide open. The death of those reforms after a change in leadership and a rush to reach a labor agreement with SPOG in 2018 is a lesson in how quickly city leaders can forget or abandon a widely supported reform.

More than three years after the city adopted a sweeping police accountability ordinance, SPD has made almost no progress towards managing its officers’ off-duty work, and the windows for corruption that sparked an FBI investigation in 2017 remain wide open.

Peter Nguyen, the labor negotiator who represented the city’s labor relations unit during bargaining with SPOG in 2018, says that the death of secondary employment reforms deserved more outcry than it received. At its core, he argued, SPD officers’ secondary employment stems directly from their primary jobs as police officers; therefore, Nguyen believes the city has the right to oversee how its police officers use their role as cops to make money in the private sector.

At the very least, Nguyen says, “we need to be assured that a police officer is not working too many off-duty hours or coming off of an all-night security stint and directly patrolling our streets while armed, fatigued, and judgement-impaired,” he said. He also said the current system could also create opportunities for officers’ off-duty loyalties to seep into their on-duty responsibilities. “How do we know that an on-duty officer doesn’t happen to over-patrol a business which pays them after hours as a form of kick-back?” he asked.

Councilmember Lisa Herbold, who chairs the council’s public safety committee, echoed Nguyen’s and other police accountability advocates’ concerns about overworked officers and the potential for conflicts of interest. “Who is regulating and coordinating those off-duty jobs, essentially running a private, for-hire police department?” she said, alluding to past litigation about officers connecting their friends on the force to high-paying off-duty jobs, creating a power and income imbalance within the department.

Under current rules, an SPD officer who wants to find work needs the department’s permission, which they receive by applying for a permit from the department. When working off-duty, SPD now requires officers to enforce the law and follow department policies, and SPD policy forbids officers with records of misconduct from holding secondary jobs.

Despite that policy, the department approved secondary employment permits for at least two officers who appeared on the King County Prosecutor’s Brady list—a list of officers with sustained findings of dishonesty, evidence of racial bias, or criminal charges or convictions—in 2019. Detective Franklin Poblocki, who joined the county prosecutor’s Brady list for lying to Seattle’s Office of Police Accountability during a misconduct investigation in 2018, received department approval for 23 permits in 2019 alone, 11 of them after the county added him to their Brady list in June of that year. Officer Wade Murray, who also landed on the prosecutor’s Brady list in 2019 for lying to the OPA, received approval for three off-duty work permits later that year.

The absence of an oversight office in the department has left other problems unaddressed. Department policy forbids officers from working more than 64 hours a week, including off-duty hours, to ensure that officers don’t come on duty overworked. But without an oversight office, officers are left to self-report their hours to the department; SPD has no easy way to double-check to ensure that they’re telling the truth.

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If an officer works too many hours in a week, or if they work an off-duty job without a permit from the department, they can be subject to an OPA investigation. However, according to OPA Director Andrew Myerberg, it’s hard for his office to catch violations of secondary employment policies. “If we’re going to come across secondary employment-related misconduct, it’s almost always tangentially,” he said. For example, the OPA sometimes discovers that an officer lacks a permit when a civilian complains about the officer’s behavior at an off-duty job.

Before the COVID-19 pandemic, opportunities for an officer seeking off-duty work were boundless. A list of secondary employment contracts from 2019-2020 shows more than 300 officers—nearly a quarter of the force—working for dozens of private and public employers, ranging from Seattle Public Utilities to Dick’s Drive-In and the Paramount Theater. Because Seattle only allows sworn police officers to take traffic control jobs, many officers find work directing traffic outside busy downtown garages or at construction sites.

SPOG, which represents SPD officers, detectives and sergeants, sets the minimum hourly rates for its members’ off-duty work. The guild didn’t respond to PubliCola’s request for updated hourly rates, but a public document from 2019 listed a minimum hourly rate of $52 for an off-duty officer or detective working as a security guard and $55 for an officer or detective working in traffic control. However, because police officers have exclusive domain over traffic control jobs and can negotiate even higher rates, several downtown garage owners told the Seattle Times in 2017 that an officer demanded and received as much as $120 an hour. Continue reading “How Reforms for Off-Duty Police Work Died on the Vine”

SPD Confirms That At Least Five Officers Were In DC During Capitol Attack

By Paul Kiefer

On Wednesday afternoon, the Seattle Police Department confirmed that at least five of its officers were present at the rally held by former President Donald Trump in Washington, D.C. on January 6th that preceded the hours-long attack on the U.S. Capitol by Trump’s supporters. More than a week after an SPD officer reported two of his colleagues to his superiors for a Facebook photo of the pair at the rally, three more officers notified the department that they, too, had attended the event.

Office of Police Accountability Director Andrew Myerberg broke the news during a meeting of Seattle’s Community Police Commission (CPC) on Wednesday morning. At the time, only two new officers had stepped forward; they were joined by one more officer later that afternoon, which Interim SPD Chief Adrian Diaz acknowledged on the department’s blog. In his comments to the CPC, however, Myerberg said he “anticipate[s] that there may be more.”

Myerberg said his office is investigating whether any of the five officers took part in the attack on the US Capitol; Diaz promised to fire any officers involved in the insurrection. During the CPC meeting, Myerberg added that the OPA will also try to discern whether the five officers had ties to any militias or white supremacist groups. “In my mind, membership in an [extremist] group would be a disqualifying factor for employment with the Seattle Police Department,” he said, “but that’s going to be the chief’s call.”

However, Myerberg also noted that his office hasn’t been able to interview any of the officers yet. The OPA’s manual requires its investigators to give officers accused of misconduct two notices before conducting interviews: one when the office first begins their investigation and another after investigators complete a preliminary review of the evidence in the case. The OPA has to provide the second notice within 30 days of opening an investigation; Myerberg told the CPC that his office will likely need that time to sift through footage and photographs, so he estimates that his investigators will start interviewing the officers in a month.

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

The two officers whom the OPA began investigating on January 8 are currently suspended with pay. In his blog post, Diaz noted that the three new officers under OPA investigation are still on duty. “The difference is that they self-reported,” said Myerberg. “When they did that, they affirmatively stated that they weren’t involved in any illegal activities. The first two didn’t provide that kind of statement.”

If the OPA investigations find the three officers were involved in the attack, Myerberg noted that in addition to being fired, the officers would also lose their certification to work as law enforcement officers in Washington for lying to the department.

However, Myerberg emphasized to the CPC that his office can’t treat the officers’ presence at the January 6 rally as evidence of misconduct in and of itself. “If you just have a firmly held belief that the election was stolen and you want to go yell on the mall,” he told the commissioners, “you’re allowed to do that.”

During and after Myerberg’s presentation, some commissioners shared their belief that department should not treat its officers’ presence at a rally alongside hundreds of avowed white supremacists as a benign act of free expression. “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,” said CPC Executive Director Brandy Grant, adding that the department’s efforts to respect the free speech rights of the five officers stood in sharp contrast to its response to SPD’s response to last summer’s protests.

CPC Commissioner and SPD Officer Mark Mullens, typically one of the commission’s quieter members, also spoke up during Wednesday’s meeting. “I would ask that the OPA keep in mind the African-American officers,” Mullens, who is Black, said. “We have to guard ourselves from people who mean to harm us, meaning white supremacists. It’s unsettling to think that there’s a possibility that there might be some behind you—someone who is supposed to be backing you up—that’s involved in” white supremacist groups.

Later in the meeting, Mullens shared that MAGA hats have become a regular sight in at least one of SPD’s precincts. “Your political views are your business,” he said. “And whether you’re racist or not is still to be found out. But when you’re wearing that [hat], you’re not taking into consideration Black officers and other officers who might be triggered by that… [and] there’s also the question of the community’s trust.”

Unclear if Cops in D.C. During Riot Will Face Discipline; Council Weighs in on Cuba; Mosqueda Aide to Run for Mayor

1. Interim Seattle Police Chief Adrian Diaz held a brief press conference on Wednesday afternoon to address both his announcement last Friday night that two SPD officers were present in Washington, D.C. on the day of the attack on the U.S. Capitol and a spike in homicides in Seattle in 2020. As PubliCola reported on Friday, the department learned that two of its officers were in D.C. through a photo posted on social media; Diaz placed both officers on administrative leave while the Office of Police Accountability (OPA) investigates whether they were involved in the attack on the Capitol.

According to Diaz’s statement Monday, another officer reported the pair to their superiors, and the photos reached Assistant Chief of Patrol Operations Tom Mahaffey and Diaz by last Thursday. Diaz said he didn’t immediately terminate the two officers because “participating in a political event on their own time, out of uniform, violates no policy or law.”

In response to questions Monday, Diaz said that he will immediately fire the officers if the OPA investigation finds that they “participat[ed] in altercations with Capitol Police” or violated federal law.

The OPA also opened an investigation into Solan’s tweets last Friday. SPD has disciplined officers for social media posts in the recent past; last January, then-police chief Carmen Best fired Officer Duane Goodman for Instagram posts attacking Hillary Clinton, Barack Obama and “illegal immigrants.”

Diaz said he didn’t immediately terminate the two officers because “participating in a political event on their own time, out of uniform, violates no policy or law.”

Halfway through his prepared remarks, Diaz pivoted to the subject of the surge in homicides in Seattle in 2020. According to year-end statistics, homicides rose by 61 percent from from 2019—from 31 to 50, the highest number in 26 years. Of those, 60 percent involved a gun, compared to 66 percent in the previous year. Half of all victims were Black, and most were men between the ages of 18 and 49. According to Diaz, last year saw an increase in domestic violence homicides in the city and a decrease in homicides in which the victims were unsheltered.

2. During Monday’s city council briefing, several council members added their voices to calls for Seattle Police Officers’ Guild president Mike Solan to resign after he took to Twitter last week to assert that members of the “far left” and Black Lives Matter activists were involved in the attack on the U.S. Capitol last Wednesday. Mayor Jenny Durkan, former Seattle police chief Carmen Best and frequent department ally Scott Lindsay publicly called for Solan to apologize or resign on Friday evening.

In her comments at the start of the council briefing, Councilmember Lisa Herbold pointed to Solan’s lengthy record of inflammatory public statements and suggested that SPOG members should consider recalling or censuring Solan. “This is not the person I believe should be leading the guild during challenging times,” Herbold said, “and I hope members of SPOG agree.”

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

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

Council President Lorena González and Councilmember Andrew Lewis made more direct calls for SPOG to remove Solan from its leadership, with Lewis arguing that Solan “has done nothing to advance the cause or the issues of that union or the quality of support of workers in that union.” And Councilmember Alex Pedersen connected Solan’s comments to the upcoming contract negotiations with SPOG, which will begin sometime in 2021. 

We will all agree that Officer Solan’s remarks and their implications are reprehensible and untrue, but also that there is a need to revamp an inflexible, expensive and unjust police union contract,” Pedersen said. “The current president of the police union has, in my view, disqualified himself to a fair partner to negotiate that contract.”

3. Also at today’s council meeting, council members Teresa Mosqueda and Kshama Sawant introduced a resolution calling for collaboration between US and Cuban scientists and urging Congress and the incoming Administration to end the United States’ economic blockade against its southern neighbor. Citing reports from Cuban authorities, the resolution reads, “Cuba’s free community-based healthcare system, unified government approach, and robust biopharmaceutical industry have enabled the country to effectively deal with the COVID-19 pandemic.” Continue reading “Unclear if Cops in D.C. During Riot Will Face Discipline; Council Weighs in on Cuba; Mosqueda Aide to Run for Mayor”

SPD Confirms Two Seattle Officers Were in D.C. During Wednesday Riots

By Paul Kiefer

In a Friday night post on the Seattle Police Department Blotter blog, interim Seattle Police Chief Adrian Diaz confirmed that two officers were in Washington, D.C. during the riots at the US Capitol on Wednesday, though he could not confirm whether the officers took part in the attack on the U.S. Capitol Building. Diaz wrote that SPD referred the two officers to the Office of Police Accountability (OPA) for further investigation; the OPA will review whether the officers violated SPD policy and whether their actions could merit criminal charges.

“If any SPD officers were directly involved in the insurrection at the U.S. Capitol,” he added, “I will immediately terminate them.” For the time being, the two officers are on administrative leave.

OPA Director Andrew Myerberg confirmed the news on Friday, adding that the department learned the officers had been in D.C. through posts on a social media account. The two officers already under investigation were not on duty on Wednesday; Myerberg told PubliCola that they were either furloughed or used vacation days; both are patrol officers. He also noted that the OPA is “looking into the identities of other SPD employees who may have attended,” though he did not confirm that more than two officers were present in D.C.

Despite claims from MSNBC contributor and former Seattle city council candidate Naveed Jamali that the officers were a couple, SPD has not confirmed any relationship between the two officers.

The announcement comes only hours after retired SPD Chief Carmen Best, Mayor Jenny Durkan and regular SPD ally Scott Lindsay joined calls for Seattle Police Officers’ Guild president Mike Solan to apologize or resign in response to tweets in which Solan appeared to blame Black Lives Matter activists for the attack on the U.S. Capitol. “As someone who has fought for police reform and defended Seattle Police against defunding,” Lindsay wrote in a tweet on Friday afternoon, “I have a duty to call out when the head of their union spreads misinformation about the Capitol attack.” A subsequent statement from Durkan called Solan’s claims “wrong [and] immoral,” adding that they expect the OPA to investigate Solan for the tweets; the OPA will now treat the mayor’s statement as a complaint to be reviewed.

Both officers under investigation by the OPA are SPOG members.

2020 In Review: Following Up on the Year In Police Accountability

By Paul Kiefer

Throughout 2020, PubliCola provided ongoing coverage of the year’s top stories, including the COVID-19 pandemic, efforts to shelter and house the region’s homeless population, budget battles between the mayor and city council, and efforts to defund the Seattle Police Department and invest in community-based public safety programs.

Today, we’re focusing on several stories about the Seattle Police Department, the King County Sheriff’s Office, and police accountability.

Police Shootings

The Office of Police Accountability (OPA) won’t complete its investigations into the killings of Shaun Fuhr and Terry Caver by Seattle police officers in April and May, respectively, until early 2021. City law and the current city contract with the Seattle Police Officers Guild (SPOG) give the OPA 180 days to investigate misconduct allegations. However, because of delays related to the COVID pandemic and police actions during recent protests, OPA Director Andrew Myerberg has received two extensions. Myerberg added that the OPA won’t complete its investigations into the two shootings until SPD’s Force Review Board completes its own reviews of the incidents.

SPD officers shot and killed 24-year-old Fuhr on April 29 after his girlfriend called 911 to report that he had beaten her and taken their child at gunpoint. Fuhr was holding their one-year-old daughter when officers fatally shot him in a Columbia City driveway after a short chase on foot; SPD reported finding a handgun nearby, but the department hasn’t said whether Fuhr was holding a gun when officers fired at him. His daughter wasn’t hurt in the shooting, but Seattle-King County NAACP President Carolyn Riley-Payne issued a statement after the killing criticizing then-SPD Chief Carmen Best for claiming that the officers were concerned for the child’s well-being. The King County Sheriff’s Office is also investigating the shooting.

Less than a month later, officers shot and killed 57-year-old Terry Caver on a mostly empty sidewalk in Lower Queen Anne. As PubliCola reported in August, Caver had moved to the Seattle area after a 2010 drive-by shooting in California triggered the onset of paranoid schizophrenia. He initially lived with his older sister in Everett, who told PubliCola that her brother regularly carried a knife to defend himself during bouts of paranoia. She believes that Caver was experiencing a schizophrenic episode when Seattle police officers responded to 911 calls about a man waving a knife at passersby along Elliott Avenue West.

At least five officers surrounded Caver with their cruisers and shouted at him to drop to the ground, prompting Caver to break into a run, shouting, “you’re going to have to kill me.” Less than a minute after the officers arrived, two of them—Christopher Gregorio and Matthew Milburn—opened fire.

Though the OPA reviewed the shooting in May, the office didn’t begin a formal investigation into Caver’s death until August, after PubliCola published Caver’s name, which SPD didn’t release after the shooting. According to Myerberg, the investigation will focus primarily on whether officers followed SPD’s de-escalation policies.

Both Fuhr and Caver were Black, as were roughly a third of the people killed by SPD in the past decade.

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The Seattle Police Contract

Though the city’s collective bargaining agreement with the Seattle Police Officers Guild expires on December 31, the city won’t begin negotiating a new contract until 2021 at the earliest, leaving the union to work under an expired contract until the city council ratifies a new agreement. At the moment, the Labor Relations Policy Committee—which includes five council members, the mayor’s policy director, the Budget Office director and the director of Human Resources—is still hammering out the city’s bargaining agenda, including the subjects of bargaining, the length of the new contract and the amount of money the city is willing to spend to meet the terms of the new contract.

In early November, Mayor Jenny Durkan and city council public safety committee chair Lisa Herbold announced that the all three of the city’s police oversight agencies—the Office of Police Accountability, the Office of the Inspector General (OIG), and the Community Policing Commission (CPC)—would advise the LRPC ahead of negotiations with SPOG.

While the OPA has taken an advisory role in the past, the CPC (which represents the interests of the public, not a branch of city government) has never previously had an official role in police contract negotiations. Nor has the city council, which will now have a representative—likely council central staffer Greg Doss—at the table. Continue reading “2020 In Review: Following Up on the Year In Police Accountability”

Proposal Would Grant Full Subpoena Power to Seattle Police Accountability Bodies

By Paul Kiefer

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

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

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

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

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

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

Morning Fizz: As the City Debates Police Accountability and Homelessness, Brutality Allegations and Encampments Proliferate

Seattle Police Department officers and other members if the Navigation Team watch as a person experiencing homelessness gathers their possessions during an encampment removal at the Ballard Commons earlier this year.

1. Last Wednesday, acting Seattle Police Chief Adrian Diaz announced a new partnership between his department and the Los Angeles-based Center for Policing Equity (CPE), which specializes in producing “analyses to identify and reduce the causes of racial disparities in policing.”

In a press release, Diaz said the CPE will spend the next several months studying SPD’s “functions, training, policies, accountability measures and impacts on communities of color”; the researchers will then “convert” their findings into “strategies to ensure [that] SPD eradicates public safety inequities moving forward.”

In her September executive order launching an assessment of SPD’s functions and possible areas for civilianization, Mayor Jenny Durkan also included the CPE as a source of “subject matter expertise” alongside the city’s own accountability partners, including the Office of the Inspector General (OIG) and the Community Policing Commission (CPC).

This is not the CPE’s first time in town. In 2015, after the CPC asked SPD to review its crowd control policies in the wake of that year’s Black Lives Matter protests, then-police chief Kathleen O’Toole included the CPE on a panel of experts tasked with reviewing the department’s crowd control tactics and presenting recommendations for improvement. The CPE did not release its 23-page report until 2017, and the panel never presented their recommendations publicly. The CPE’s recommendations were generally unremarkable: for instance, the analysts suggested that “SPD should further pursue explanations of the elevated severe use of force during demonstrations.” 

Diaz’ announcement gave no indication that the new CPE study will be any more transformative than its last one, not least because he did not name any accountability mechanism attached to the analysts’ recommendations (some accountability mechanism may exist, but a CPE representative didn’t respond to a request for comment on that front). 

Moreover, the scope of work that Diaz described suggests that the CPE’s study could easily overlap with the work of the city’s existing accountability bodies, including the Office of the Inspector General and the Office of Police Accountability. Inspector General Lisa Judge, whose office is currently working on a sentinel review of SPD’s protest response, told PubliCola that the CPE analysts should “engage with the current accountability structure and assess whether they’re actually doing anything different and whether there is value added.” There could be room for the analysts to collaborate with her office, she added, so long as they respect “the ongoing work of accountability partners.”

2. As the city council and Mayor Jenny Durkan continue debating what will will replace the Navigation Team, which Durkan formally dismantled in September, encampments have continued to proliferate around the city. Although one could argue that encampments are merely a symptom of a longstanding crisis Seattle has failed to adequately address, the city’s decision to temporarily stop sweeping people aggressively from place to place during the pandemic has exacerbated the visibility of the crisis. 

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Prior to COVID, the Navigation Team was conducting hundreds of encampment removals a year. Post-COVID, they dramatically scaled back this work, doing sweeps only at encampments that were the source of large numbers of complaints or that presented significant public safety issues, like the large encampment that was recently removed from a cracking, partially demolished pedestrian bridge downtown.

A large encampment at the Ballard Commons, across the street from the Ballard public library, was removed in May after neighborhood residents and community groups complained that it made the park feel dirty and unsafe. Like all sweeps, this one redistributed, but didn’t visibly reduce, the number of people living unsheltered in the neighborhood. Since then, not only has the Commons been thoroughly repopulated by unsheltered people, the people who were ordered to leave in May seem to have simply moved a few blocks away, a predictable outcome whenever encampments are swept. Continue reading “Morning Fizz: As the City Debates Police Accountability and Homelessness, Brutality Allegations and Encampments Proliferate”