Tag: police overtime

Fractures Emerge As Council Continues Police Budget Cut Debate

By Paul Kiefer

The Seattle City Council’s debate about a proposed cut to the Seattle Police Department’s budget will drag on for at least another two weeks, but a discussion during Tuesday’s Public Safety Committee meeting shed light on the growing disagreement within the council about how the city should hold SPD accountable for overspending.

On one side, council members Tammy Morales and Kshama Sawant argued that the council is obligated to follow through on past promises—in this case, a resolution passed last December expressing the council’s intent to cut $5.4 million from SPD’s budget to account for an equivalent amount of overspending by SPD.

On the other side, Council President Lorena González, committee chair Lisa Herbold, and Councilmember Andrew Lewis made the case for a substitute proposal that would reduce the budget cut to $3 million to enable SPD to upgrade department software and hire civilian staff to fill much-needed roles in their public disclosure unit, evidence storage unit and mental health crisis response teams. (Some of these civilian positions will eventually transition into other departments, Lewis noted.) From their perspective, the changes are in the interest of the council’s most pressing police-related priorities: improving transparency, following the recommendations of city and federal oversight bodies, and expanding options for non-police crisis response.

Ultimately, the council voted to move Herbold’s substitute bill forward without making a formal recommendation that the full council adopt it, with Morales and Sawant voting “no.”

Both approaches require trade-offs. If the council cuts the full $5.4 million from SPD’s budget, the department will likely leave important roles unfilled and could draw more criticism from the monitoring team appointed by a federal district court judge to supervise reforms to SPD. If the council imposes a smaller budget cut, it will be relying on SPD to follow through with the council’s priorities—especially hiring civilian staff instead of more officers—despite the department’s record of breaking promises to the council (its use of excess overtime being one recent example).

The dispute over the $5.4 million got its start last August, when, in an effort to avoid spending extra money on protest-related overtime, the council passed a resolution saying that they wouldn’t support any increase to SPD’s budget “to offset overtime expenditures above the funds budgeted in 2020 or 2021.” Three months later, the council backpedaled, grudgingly adding $5.4 million to SPD’s to backfill for overspending on family leave, separation pay, and overtime pay for officers working at COVID testing sites.

At the time, several council members—including budget committee chair Teresa Mosqueda—argued that the department could have avoided year-end budget shortfalls if it had scaled back its protest response and prioritized spending on other unanticipated expenses.

The council wasn’t happy bailing out SPD, and on the same day, they passed the resolution expressing their intent to cut $5.4 million from the department’s budget in 2021 to account for the overspending and discourage the department from spending beyond its budget in the future. The council also placed a proviso (a spending restriction) on another $5 million in anticipated salary savings from attrition, directing SPD to spend those funds on council priorities.

By February, some council members started to think twice about the cuts, particularly as SPD pressured the council to consider the impacts of additional budget cuts on an already shrinking department—nearly 200 officers left SPD in 2020—and on SPD’s compliance with the federal court’s expectations. Meanwhile, other emerging needs appeared on the council’s radar, including a report from Seattle’s Office of the Inspector General highlighting the urgent need for more civilian staff in SPD’s overcrowded evidence storage warehouse.

The substitute bill supported by Herbold, Lewis, and González would dole out the $5 million from anticipated salary savings monthly in exchange for monthly staffing reports on hiring and attrition; according to Herbold, requiring those staffing reports would give the council a chance to intervene if it sees reasons for concern.

Morales was not enthused by the new proposal. “The department can choose to prioritize its budget however it wants, whether it’s for evidence storage or public disclosure,” she said during Tuesday’s committee meeting. “Last year, it didn’t [choose those priorities]. Instead, it chose to prioritize overspending on overtime pay.” Instead, she argued that the council should cut the full $5.4 million and expect SPD to honor the council’s priorities and avoid overspending in the future.

Sawant joined Morales, arguing that reducing the cut to SPD’s budget would not have the desired effect of “holding the line” against overspending by SPD, but would instead “move it back another year, with no guarantee that it won’t move back again and again.”

But Herbold maintained that the reduced cut would “create a dialogue with the department” about shared budget priorities that did not exist during last year’s budget discussions. “My hope is that we can still take a strong position against overtime spending that exceeds their budget,” she added.

Despite a month of discussions and presentations about the proposed budget cut, the committee was not able to vote on the measure on Tuesday. The obstacle: a list of questions sent by the federal monitoring team to SPD leadership concerning the possible impacts of a budget cut on the department’s compliance with Seattle’s consent decree—the 2012 agreement between the city and the Department of Justice giving a federal district court judge the power to oversee reforms to SPD. Until the federal judge weighs in on the implications of the proposed cut, the council can’t move forward.

Instead, in the interest of taking a small step forward, the committee voted 3-2 to adopt Herbold’s substitute bill; Morales and Sawant maintained their opposition to reducing the size of the budget cut. After the federal court issues its opinion on the proposed budget cut, the committee will be able to move to present the bill to the full council.

Council Considers Cutting SPD by $5.4 Million in Response to 2020 Overspending

Changes in SPD Staffing from 2012 to 2021, via Seattle Police Department)

By Paul Kiefer

The Seattle City Council’s Public Safety Committee is considering a $5.4 million cut to the Seattle Police Department’s 2021 budget to account for an equivalent amount of overspending by the department last year. During the committee’s regular meeting on Tuesday morning, council members received a briefing from the council’s central staff on the potential impacts of those cuts on a department still reeling from a spike in attrition in 2020.

Last August, in an effort to avoid spending extra money on protest-related overtime, the council passed a resolution saying that they wouldn’t support any increase to SPD’s budget “to offset overtime expenditures above the funds budgeted in 2020 or 2021. Three months later, the council backpedaled, grudgingly adding $5.4 million to SPD’s to backfill for overspending on family leave, separation pay, and overtime pay for officers working at COVID testing sites.

While none of the spending in Durkan’s proposal would directly pay for protest-related overtime, several council members—including budget committee chair Teresa Mosqueda—argued that the department could have avoided year-end budget shortfalls if it had scaled back its protest response and prioritized spending on other unanticipated expenses.

But the council wasn’t happy bailing out SPD, and on the same day, they passed a second resolution expressing their “intent” to cut an equal amount from SPD’s 2021 budget to offset the overspending and discourage the department from spending beyond its budget in the future. The council also passed a budget proviso withholding $5 million from SPD’s budget under the assumption that the department would save at least $5 million in staff salaries because of high attrition and the city-mandated hiring freeze; if the department didn’t reach $5 million in salary savings, the council would lift the proviso.

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Year-end attrition figures from SPD surpassed the council’s expectations. By the end of 2020, 186 officers had left the department—double SPD’s projections for attrition at the beginning of last year. The council developed SPD’s 2021 budget under the assumption that the department would pay 1,343 officers; on Tuesday morning, the council’s central staff estimated that SPD will only fill 1,289 of those spots, leaving SPD with as much as $7.7 million in salary savings in 2021. Continue reading “Council Considers Cutting SPD by $5.4 Million in Response to 2020 Overspending”

Council Plans Police Budget Cuts, Parks Board Debates Encampment Sweeps

This post was updated with additional details about the SPD budget provisos on Friday, December 11.

1. City council members Teresa Mosqueda and Lisa Herbold have introduced legislation that makes good on Mosqueda’s earlier proposal to cut $5.4 million from the Seattle Police Department’s 2021 budget in response to the police department’s fourth-quarter budget request for that amount this year. The council decided to grant the request but expressed its “intent” to come back with legislation to cut the department’s budget by the same amount next year.

SPD said it needed the extra funding to essentially backfill the cost of protest-related overtime, unanticipated family leave, and higher-than-expected separation pay for officers who are leaving. Mosqueda and other council members countered this week that the police knew perfectly well that the budget explicitly did not fund any additional overtime, and that they were supposed to stay within their budget.

After some behind-the-scenes discussion about whether Acting Police Chief Adrian Diaz would be personally liable for unpaid wages if the council didn’t come up with the money, budget committee members decided last week to express the council’s “intent” to cut $5.4 million from SPD’s budget in 2021, most likely using the savings from higher-than-expected attrition.

Herbold said on Wednesday that she wasn’t “a person who is rigid in saying that I would not support more overtime,” but “there needs to be a consequence for a continued large expenditure of overtime resources.”

The council adopted the 2021 budget in November; Mosqueda’s proposal would cut that budget. “I am not interested in giving the department one more penny,” Mosqueda told PubliCola. “The reality is, we are in this situation because the department made managerial decisions to spend money on overtime instead of on other purposes.”

2. The budget committee also rejected a separate proposal to lift 13 provisos (spending restrictions) that the council imposed on SPD’s budget in August. The provisos withhold a total of $2.9 million until the department makes an array of cuts, including laying off officers who work on specialized units like the Harbor Patrol, SWAT and the (theoretically disbanded) Navigation Team.

The mayor’s office told PubliCola that SPD hasn’t been able to make most of the cuts the council requested, because they require “out of order layoffs” that would violate provisions in the city’s police-union contracts that require the least-senior officers to be laid off first. The city’s labor negotiation team will need to bargain with both unions before those layoffs can take place; in the meantime, SPD hasn’t laid off any officers, so the department still needs to pay their salaries.

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As a result, city budget director Ben Noble told the council, SPD needed the council to lift all 13 provisos so that the department can use the $2.9 million to fill holes in its budget. Mosqueda told PubliCola on Friday that “it’s premature to lift the proviso” before the council knows by how much SPD will underspend its budget in November and December. SPD, Mosqueda said, was only “in that spot because they failed to stay within [the] spending authorized” by the council in August. Noble maintained Wednesday that there won’t be enough of an underspend to fund the $2.9 million shortfall.

3. The Seattle Board of Parks Commissioners and the Park District Oversight Committee were scheduled to discuss the issue of encampments in parks during a joint meeting Thursday night, but a lengthy discussion about whether to permanently limit car traffic on Lake Washington Boulevard (in which historic-preservation advocates tossed around buzzwords like “redlining” and “equity” to justify turning the recently calmed roadway into Lake Shore Drive) pushed the discussion to the board’s next meeting in January. 

Still, the commission gave parks department staff, including a beleaguered-looking Parks Director Jesús Aguirre, a preview of next month’s discussion, when they’ll consider weighing in formally on the city’s decision to put a pause on sweeps during the COVID pandemic. Commissioner Tom Byers, a mayoral staffer during the Charley Royer administration (1978-1990) expressed frustration that neither Aguirre nor anyone else at the city would commit to removing encampments and telling people to move along. When Royer was mayor, Byers said, the city and businesses would work together to ensure that unsheltered people couldn’t “take over parks,” and the city should show a similar commitment to keeping parks “clean” now. Continue reading “Council Plans Police Budget Cuts, Parks Board Debates Encampment Sweeps”

Mayor Asks for Year-End SPD Budget Boost, Budget Chair Responds: “I Don’t Believe This Is the Time”

Image via Seattle City Council Flickr page.

By Erica C. Barnett

Mayor Jenny Durkan has asked the city council to lift more than a dozen restrictions on Seattle Police Department spending in 2020 so that SPD can pay for overtime expenses accrued this year, including—as the fiscal note prepared by the executive City Budget Office describes it—”exceptional budget pressures due to the utilization of overtime in response to on-going protests and demonstrations and increased separation pay-outs as officers have left the force late in the year.”

As part of the city’s 2020 rebalancing package, the city council passed a resolution that said the council “will not support any budget amendments to increase the SPD’s budget to offset overtime expenditures above the funds budgeted in 2020 or 2021.”

This year’s fourth-quarter supplemental budget includes additional police expenditures in 2020 that would add more than $5 million in SPD spending to the rebalanced budget the city adopted in August—a budget Durkan unsuccessfully vetoed over the issue of police funding. The legislation indicates that the mayor’s office believes some of that money will be reimbursed by FEMA as part of a COVID relief package.

The legislation would also lift a number of provisos relating to out-of-order layoffs, in recognition of the fact that layoffs will be subject to bargaining and can’t happen this year, so the officers who would be subject to layoffs must keep getting paid through the rest of 2020. The council acknowledged earlier this year that this was a possibility.

The legislation has to go through the budget committee, and ordinarily would be sponsored by the budget committee chair. But there’s a problem: The budget chair, Teresa Mosqueda, tells PubliCola that she does not “believe this is the time to lift the provisos or allow for additional spending authority” for SPD. During Monday morning’s council briefing, Mosqueda elaborated: “As this council has [made] very clear, we… want to make sure that we’re interrupting the process and the practice of SPD specifically coming back to ask for overtime dollars.”

SPD, Mosqueda said, made it clear earlier this year that they would fund overtime, as well as jobs the council has directed SPD to cut through “out of order” layoffs, through its existing budget; the resolution and provisos were a way of making sure that they did so. To come back now and ask for money—more than $3 million—violates both the letter and the spirit of the 2020 budget (which Durkan attempted, unsuccessfully, to veto), Mosqueda says.

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“It’s no secret to the mayor or to the police department that council passed a resolution during our summer budget process that said the council will not support any budget increase … above the funds budgeted for 2020 or 2021,” Mosqueda told PubliCola on Sunday. “No other department is coming back to council and asking for additional spending authority or to [tell us] that they’ve already spent all their money and need reimbursement.”

The mayor’s office countered on Monday that the city council should have expected the additional spending request, given the magnitude of the cuts included in the mid-year budget revision. “In 2020, the Mayor and Council cut roughly $23 million from the SPD’s budget mid-year,” mayoral spokeswoman Kelsey Nyland said. “I don’t think it’s a huge leap to imagine the SPD – or any department – would have trouble making its budget under those circumstances.”

Nyland noted that in addition to excess overtime (which, she said, Interim Police Chief Adrian Diaz has partially addressed by transferring detectives from specialty units to patrol), the department had to pay unanticipated extra separation pay and vacation payouts as more officers than anticipated have left the department. “One thing that’s important to remember is that attrition actually costs a lot more than people realize,” Nyland said. “When an officer leaves, it doesn’t translate exclusively to salary savings for the SPD.”

Continue reading “Mayor Asks for Year-End SPD Budget Boost, Budget Chair Responds: “I Don’t Believe This Is the Time””