Tag: Pete Holmes

Council Changes Course, Won’t Require City Attorney to Run Diversion Programs

City attorney-elect Ann Davison
City attorney-elect Ann Davison

By Paul Kiefer

The Seattle City Council is backpedaling its plans to add diversion to the Seattle City Attorney’s list of mandatory responsibilities.

Earlier this year, city council president Lorena González said she would propose legislation to require the city attorney to send some misdemeanor cases to diversion programs instead of filing charges. Instead, on Thursday, González introduced a pared-down bill that would require the city attorney to notify the council 90 days before making any changes to, or eliminating, the office’s diversion programs, and provide quarterly reports to the council about the effectiveness of any diversion programs.

Diversion programs typically replace punishment, such as fines or jail time, with counseling and mandatory check-ins; in recent years, the city attorney’s office has begun relying on diversion programs to address crimes ranging from shoplifting to misdemeanor domestic violence.

González, along with committee chair Lisa Herbold and the bill’s co-sponsor, Councilmember Andrew Lewis, made clear on Thursday that the proposal would not require the city attorney’s office to run any programs that offer alternatives to prosecutions. “Nothing in this legislation impedes the city attorney’s discretion,” González said.

UPDATE Friday, December 10: In an email to all council members on Thursday morning, Davison suggested that the watered-down bill was a sexist act against Davison, who will be the city’s first female city attorney, writing, “none of my male predecessors faced a single preemptive move by the council to establish additional reporting requirements and restrictions on operations in the two months before they took office… I encourage my esteemed colleagues on City Council to question whether they are enforcing a double standard and what message that sends our daughters who one day may seek elected office.”

Davison also accused the council of ignoring “real public safety crises” in Little Saigon, the downtown core and north Seattle and instead “rush[ing] through” a bill to increase reporting requirements for the city attorney’s office. Citing a Seattle Times editorial that blamed the council for an uptick in crime in Little Saigon and the office’s 3,885-case backlog, Davison said she would “re-center the victims in our city’s public safety conversation.” She added that she was committed to transparency and “bolster[ing] the city’s diversion programs.”

The new legislation represents a dramatic turnaround from October, when González said she intended to introduce legislation by December to require the city attorney’s office to devote resources to diversion programs. Next year, thanks to a budget amendment also sponsored by González, $2 million of the city attorney’s budget will be earmarked for diversion programs, although city attorney-elect Ann Davison could choose not to spend those dollars.

Diversion programs have become a familiar feature of Seattle’s criminal justice system. The city attorney’s office is a key participant, referring defendants to nonprofit diversion programs and providing attorneys to work alongside defendants’ case managers in those programs. In the past two years, for example, the office sent more juvenile cases to the youth diversion nonprofit Choose 180 than it filed in court. Continue reading “Council Changes Course, Won’t Require City Attorney to Run Diversion Programs”

As Council Moves to Fund Alternatives to Police, Durkan Proposes Big Bonuses for SPD Hires

1. Seattle Mayor Jenny Durkan issued an emergency executive order on Friday introducing hiring bonuses as a recruitment tool for the Seattle Police Department and the Community Safety and Communications Center, which houses the city’s 911 dispatch.

The order will allow SPD to pay officers who transfer from other departments up to $25,000, and new recruits from the academy up to $10,000, during the remainder of 2021. The CSCC will be able to offer the same bonuses to lateral transfers and new hires, respectively. The city council has repeatedly rejected attempts by Durkan and her allies to fund new police hiring incentives this year, including a July proposal to restore a hiring incentive program halted by the COVID-19 pandemic and a pair of proposals Councilmember Alex Pedersen introduced with Durkan’s support in early September.

In a statement Friday, Durkan said the bonuses would help SPD refill its ranks after two years of record-breaking attrition. According to SPD strategic initiatives director Chris Fisher, the greatest challenge to SPD’s ambitious plan to hire 125 officers in 2022 is convincing prospective officers to fill out applications; the generous bonuses are intended to sweeten the deal.

Seattle Police Officers’ Guild (SPOG) President Mike Solan criticized the mayor’s order on Saturday, writing in an open letter that “dangling money to recruit new or lateral hires won’t get the job done.” Instead, he argued that the next mayor’s priority should be retaining existing officers.

The CSCC, which launched quietly over the summer as the city’s newest department, is also dealing with a staffing shortage at the 911 call center. The call center has spent 40 percent more on overtime this year than it had by the end of October 2020 as the department struggles to fill vacant call-taker and supervisor positions. Starting on Friday, Seattle residents who call the city’s non-emergency phone number will occasionally be met with a pre-recorded message suggesting alternative resources; that message will only appear when the 911 center has to assign all of its call-takers and dispatchers to emergency calls.

During discussions of the department’s 2022 budget on Tuesday, Councilmember Lisa Herbold reiterated that plans to use $1 million of the department’s unspent salaries for hiring incentives next year—a separate proposal included in the mayor’s 2022 budget plan—should factor in the need to fill vacancies across all city departments.

2. A $13.9 million amendment to Seattle’s 2022 budget would allow the city’s mobile crisis teams—mental health professionals who respond to crisis calls, mostly in and around downtown Seattle—to operate around the clock.

The amendment, sponsored by Councilmember Dan Strauss, would expand the 43-person mobile crisis team, operated by the Downtown Emergency Service Center (DESC), enabling DESC to expand its services city-wide and operate 24 hours a day, seven days a week.

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Councilmember Lisa Herbold, who signed on as a co-sponsor of Strauss’ amendment, called the mobile crisis team an example of the kind of investments in alternatives to traditional police response that Mayor Jenny Durkan’s proposed budget mostly lacks.

Durkan has proposed creating a new “Triage One” mobile unit to respond to about 7,000 annual non-emergency calls about people sleeping or unconscious in public places, but that still “leaves more than 30,000 calls that will default to police response without an alternative funded at scale,” Herbold said. After a review of SPD’s emergency responses by the National Institute for Criminal Justice Reform earlier this year suggested moving half of the department’s call volume to other responders, Durkan endorsed a less-ambitious plan to divert another 40,000 calls to non-police responders each year—though her budget proposal didn’t create a plan for how to divert most of those calls.

The amendment would also scale up other mental health crisis services, including $1.5 million to pay for 15 new positions with DESC’s behavioral health response teams, which provide follow-up support for people in crisis after their initial interaction with the mobile crisis teams. At the moment, the follow-up team has only four members.

The largest portion of the proposed budget amendment—$8.5 million—would go to the DESC’s Crisis Connections Center, which currently relies on the county for funding; the amendment would not come at the cost of county funding. The money would double staffing for the center, which DESC hopes to move into a larger building.

3. On Tuesday, Councilmember Andrew Lewis introduced a $360,000 amendment to the mayor’s proposed budget that would, among other things, set aside $100,000 to create a “victim compensation fund” that would reimburse individuals and small businesses for stolen inventory, minor property damage, and other misdemeanor-related losses.

The goal of the fund, Lewis told his colleagues, is to replace a restitution process that rarely gets money to victims. “Under the current system,” he said, “an overwhelming majority of the defendants in the municipal court are indigent and, unfortunately, likely to remain indigent.” Of the roughly $191,000 that municipal court judges ordered defendants to pay between 2018 and January 2021, Lewis said, crime victims received just over a third.  Another $250,000 would go towards other “restorative justice” causes, including outreach to crime victims who don’t typically request or receive restitution—particularly people of color. 

The proposal to re-invent Seattle’s restitution system dates back to July, when City Attorney Pete Holmes and a group of advocates for court fee reform  pitched the concept of a “victim compensation fund” to the council. Though Holmes advocates for the fund as a more reliable way to compensate victims of crimes, the proposal is also a response to a recent Seattle Municipal Court analysis that found that judges were more likely to require Black and Indigenous defendants to pay restitution to victims than white clients.

Lewis’ amendment includes some nonbinding policy recommendations that resemble reforms Holmes has already adopted. Most notably, the amendment says the city attorney’s office must allow defendants to go through diversion programs or community court even when those options release defendants from their restitution requirements.

The non-binding policy recommendations in Lewis’ amendment are aimed at whoever takes office in January, although Holmes spokesman Dan Nolte noted that the next city attorney would be able to toss those policies aside without the council’s input.

—Paul Kiefer

Court Approves City Attorney’s Motion to Clear Outstanding Prostitution Warrants

Seattle Municipal Courthouse
Seattle Municipal Court image via SMC Facebook page

By Paul Kiefer

On Thursday morning, a Seattle Municipal Court Judge approved a motion by Seattle City Attorney Pete Holmes to quash all outstanding warrants for misdemeanor prostitution, including some issued well over a decade ago.

The motion, which Holmes’ office filed last Friday, requested that the court dismiss 37 warrants involving 34 people arrested for selling sex between 2001 and 2019; the office also asked the court to dismiss cases or vacate charges against the individuals named in the warrants, on the condition that a future city attorney cannot refile the cases at a later date. The warrants represent less than one percent of the outstanding warrants issued by the municipal court.

The City Attorney’s Office hasn’t prosecuted anyone for selling sex since 2019, when the Seattle Police Department ramped up arrests and sting operations targeting both sex workers and buyers in response to public pressure driven by an increase in the presence of sex workers along Aurora Avenue North—an uptick partially driven by the federal shutdown of Backpage, a website sex workers used to find clients. Because Seattle’s pre-arrest diversion programs were stretched to capacity, officers booked dozens of sex workers into the King County jail; the City Attorney’s Office opted not to file charges against most of them, though eight of the warrants quashed on Thursday stemmed from charges that the office filed in 2019.

Lisa Daugaard, the executive director of the Public Defender Association and co-founder of Let Everyone Advance with Dignity (LEAD), previously known as Law Enforcement Assisted Diversion, told PubliCola on Thursday that public criticism of SPD’s arrests in 2019 likely prompted the department to reverse course. The change in police department leadership (from Carmen Best to interim chief Adrian Diaz), the COVID-19 pandemic, and SPD’s ongoing staffing challenges also played key roles in curtailing low-level arrests in general, Daugaard added. SPD officers have made 55 prostitution arrests this year, compared to 78 in all of 2020 and 175 in 2019.

The City Attorney’s Office has also seen a sharp decline in the number of sex buyers the police department refers to the office for charging. Because of a delay between arrests and filings, the office received 88 referrals in the first two months of 2020—sex buyers arrested during SPD sting operations the previous year—but only a single case between early March and the end of the year. In 2021, SPD has only referred four sex buyers to the office for charging. SPD has also made fewer arrests of sex buyers in the past two years: seven in 2021 and nine in 2020, compared to 76 in 2019.

The City Attorney’s Office did not attempt to contact the people subject to outstanding prostitution warrants before filing the motion; Holmes spokesman Dan Nolte told PubliCola on Wednesday that his office planned to wait until the court accepted their motion before reaching out.

Former SPD Officer Featured in CBS Segment Has “Troublesome” History

By Paul Kiefer

The former Seattle police officer who condemned city leadership for abandoning the Seattle Police Department in a CBS news segment on Wednesday left SPD with a record of harassment and violent outbursts, one of which drew condemnation—but not criminal charges—from City Attorney Pete Holmes in 2013. In his appearance, Powell blamed the Seattle City Council for the exodus of 260 officers from SPD in the past year and a half, and claimed city leaders “didn’t allow [officers] to intervene” to prevent violence during last summer’s protests. Powell’s union, the Seattle Police Officers’ Guild, arranged the interview; SPD’s public relations team did not have a hand in arranging or approving the interview.

Officer Clayton Powell, who worked for SPD for 27 years and is currently in the process of leaving the department, raised concerns from staff at Washington’s training academy in 1992 while preparing to join the department. In internal memos, instructors observed that Powell was prone to using force in mock response scenarios; Powell failed the academy’s field tests three times before SPD finally hired him, and instructors warned that he could create a liability for the department.

Powell’s temper remained a problem in the following decades. In 2000, Powell’s ex-wife filed a complaint with SPD’s internal affairs alleging that Powell routinely stalked and harassed her, including by leaving threatening voicemails on her answering machine. Department investigators treated the complaint as a minor domestic dispute and referred it to Powell’s supervisor, who didn’t discipline him. The SPD captain who referred the complaint to Powell’s supervisor later apologized to his ex-wife, telling her that his unit hadn’t properly investigated her complaint. Two years later, a Pierce County judge granted Powell’s ex-wife restraining order against her ex-husband, who she described as having a “problem controlling his anger.”

In 2012, the Office of Police Accountability opened an investigation into Powell after his fellow officers complained to their supervisor that he escalated tensions at the scene of a drive-by pellet gun shooting in South Seattle by shoving a man and apparently challenging him to a fight. The office also reviewed footage from later that day of Powell pulling a detainee’s hair and taunting him in a holding cell at the South Precinct. The department referred Powell to the Seattle City Attorney’s Office to be charged with misdemeanor assault.

Though City Attorney Pete Holmes ultimately declined to charge Powell, he described the officer’s actions as “extremely troublesome” and cited a report from an independent attorney who reviewed the case and determined that Powell “should be evaluated regarding his fitness to continue in police service.”

In his appearance on CBS, Powell said that while he understood why demonstrators criticize police departments, the solution to patterns of police misconduct is, “if anything, more funding.” The CBS reporter then erroneously claimed that another $5 million in cuts to SPD’s budget are still up for consideration by the Seattle City Council; recent disagreements between council members and the federal monitoring team that supervises reforms to SPD have all but ensured that cuts of that size will not be possible in 2021.

County Invests in Hotel-Based Shelter, SPOG Campaigns for Sawant Recall, Durkan Records Requests Raise Disclosure Questions

1. In his State of the County address Tuesday, King County Executive Dow Constantine announced that the county would purchase the Inn at Queen Anne, which has been serving as a temporary shelter operated by Catholic Community Services since April of last year.

The 80-room hotel, which CCS will continue to operate, will cost the county $16.5 million; the money will come from the new “health through housing” sales tax that the county council passed—with some notable abstentions from suburban cities—late last year. The county plans to purchase “several more properties in several more cities … in the coming weeks,” Constantine said in his address.

Even as the county moves to buy hotels, the city of Seattle is pushing in the opposite direction.

In an interview yesterday, Constantine said he saw the hotels as “stops on the way to permanent supportive housing or independent housing, including affordable housing—places where you could live for a while and stabilize and take advantage of services.” Traditional, congregate shelters, including “enhanced shelters” like Seattle’s Navigation Center, don’t offer the kind of privacy and stability hotel rooms provide; “the difference between being able to come inside for the night and having a place of your own with a lock on the door seems to be everything,” Constantine said.

Even as the county moves to buy hotels, the city of Seattle is pushing in the opposite direction. Between now and June, Seattle plans to close down a temporary shelter at Exhibition Hall and relocate the people living there into shelters whose populations were “redistributed” last year, including the Navigation Center. After resisting calls to move Seattle’s homeless population into hotel-based shelters, the city finally rented about 200 hotel rooms this spring—a temporary solution (the rooms will be occupied for 10 months) and one that represents a fraction of the need. At the same time, Seattle is ramping up homeless encampment sweeps.

Asked about the apparent contrast between the county’s approach and Seattle’s, Constantine said, “first off, we can’t let the perfect be the enemy of the good. If people need a place to be inside at night, we have to figure out a way to make that happen.” However, he added, “If you’re going to move people out of an encampment, at a bare minimum, you can’t just chase people from one street corner to another or one park to another. That is tremendously unhelpful.”

Constantine is up for reelection this year; his challenger, state Sen. Joe Nguyen, told PubliCola he supports the regional homelessness authority that the county is setting up but thinks the county has failed forge partnerships with the leaders of cities within the county.

The email, which the police union sent to its members last Friday, asked off-duty officers to appear in plain clothes to collect signatures and wave anti-Sawant signs at four Capitol Hill intersections on Saturday and Sunday.

2. The Seattle Police Officers’ Guild (SPOG) asked its members to participate in signature-gathering events for the Recall Sawant campaign over the weekend, according to an email from SPOG leadership.

The email, which the police union sent to its members last Friday, asked off-duty officers to appear in plain clothes to collect signatures and wave anti-Sawant signs at four Capitol Hill intersections on Saturday and Sunday.

Recall Sawant campaign manager Henry Bridger II told SPOG members in the email that their presence would help “beef up” an otherwise meager group of volunteers. “Our goal is to have about 40+ people each day and we have about 15 right now and many probably won’t show for fear of retaliation,” he wrote, warning that “Sawant’s people will be there in mass [sic] to interfere.”

“We are just wanting to have plain-clothed volunteers to help hold signs and gather signatures so we look like we have a lot of coverage,” Bridger added. He also asked officers to bring their family and friends to boost turnout.

SPOG’s push for turnout seems to have fizzled: Twitter chatter about campaign volunteers at the intersection of Broadway and Denny suggests that few recall supporters showed up at the campaign event.

3. On Monday, the Seattle Ethics and Elections Commission held a brief discussion on a report that prompted outrage from major-media outlets last week because it revealed that Mayor Jenny Durkan’s office had failed to produce many of her text message in response to records requests in 2020.

Specifically, the report—produced by independent public disclosure expert Ramsey Ramerman in response to a whistleblower complaint by two longtime mayoral public disclosure officers—found that 10 months of Durkan’s texts were missing, and that the mayor’s office had routinely excluded Durkan’s texts from requests for text messages from mayoral staff, on the grounds that the requests didn’t explicitly include the mayor.

The report, posted on the city’s website last week, was a bombshell, but it seemed to hit major media outlets somewhat differently than it hit us at PubliCola, for a simple reason: While we have filed dozens of records requests for text messages and other forms of communication, such as messages on internal City messaging systems, during the Durkan administration, we have routinely received only emails in response—a fact that suggests Durkan and her entire staff don’t use text messages, internal communications systems, or any other form of written communication other than email at all.

Since we know this is not the case (in fact, a quick text history search found a number of messages that would have been responsive to some of our requests), the only conclusion we can reach is that the mayor’s office did not provide records that would have been responsive to our requests, despite having the ability to do so and despite apparently filling other media outlets’ requests for text messages and other forms of communication. (A full list of PubliCola’s records requests to the mayor’s office since August 2018 is available here.) Continue reading “County Invests in Hotel-Based Shelter, SPOG Campaigns for Sawant Recall, Durkan Records Requests Raise Disclosure Questions”

City Attorney Pete Holmes Will Seek Fourth Term

By Erica C. Barnett

City attorney Pete Holmes is running for reelection, he told PubliCola Monday, in a wide-ranging conversation that covered the federal consent decree, the state of downtown Seattle, and last year’s historic protests. If he’s reelected, Holmes said, he will have served alongside six mayors, about 30 council members, and “six or seven police chiefs,” and “we’ll be negotiating my third or fourth police contract.” Coming out of the pandemic, he said, “I can’t think of a time that it’s been more necessary to have steady and strong leadership.” If Holmes didn’t run again, in other words, who would take his place? Scott Lindsay?

That’s a scenario that makes many Seattle progressives shudder, and why you can expect to see most of them supporting him this year. (State attorney Bob Ferguson is an early endorser).

Holmes, who was first elected in 2009, has been an easy conservative punching bag, beginning in his first term, when he dismissed all pending marijuana cases and campaigned for Initiative 502, which legalized and regulated marijuana statewide. More recently, Seattle’s right-wing pundits have excoriated him for declining to prosecute some low-level misdemeanors, including property damage during protests and so-called “survival” crimes, saying he’s part of the permissive culture that lets “prolific offenders” run roughshod over the city.

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But Holmes has frustrated some progressives, too, by seeking to end federal oversight of the police department,  continuing to promote court-based solutions to public health problems such as addiction and mental illness, and what some see as his failure to aggressively pursue supervised drug consumption sites, which a King County task force recommended five years ago.

Holmes defended his record on police accountability, saying that the city has made impressive progress toward compliance with the consent decree, even if the exact path toward freedom from federal oversight remains unclear. “The final word [on the consent decree] is, does Judge Robart agree that we have gotten there? I think the good news is that he has recognized that we’ve achieved an amazing amount.” But, he added, “We’ve got to get to the bottom of what happened this summer, and the new [court] monitor [Antonio Oftelie] has got a plan that will hopefully address it this year.”

PubliCola asked Holmes about his approach to people who commit misdemeanor crimes (the only kind the city prosecutes) that are rooted in poverty, addiction or mental illness. Last year, Holmes helped reboot the city’s community court, which provides alternatives to conviction or jail for people convicted of certain low-level crimes. Given that diversion alternatives already exist, though, why put people through the criminal legal system at all? Continue reading “City Attorney Pete Holmes Will Seek Fourth Term”