Tag: Public Defender Association

“Every Community Should be Using FEMA Dollars” for Hotel-Based Shelter. So Why Isn’t Seattle?

Andreanecia Morris, executive director, HousingNOLA

By Erica C. Barnett

JustCARE, the pioneering program that has moved about 130 high-needs people off the streets in Pioneer Square and the Chinatown/International District and into hotels, got a reprieve from King County this week that will allow it to continue operating through June. According to King County Department of Community and Human Services (DCHS) spokeswoman Sherry Hamilton, the county will provide $5 million for JustCARE and a smaller program run by the Public Defender Association, Co-LEAD Burien.

PDA director Lisa Daugaard says the “survival funding” from the county will allow JustCARE to “retain some of our existing rooms, and [let] us use a hotel the County has leased to replace some others.” But, she said, “the real impact of the JustCARE model is that we keep making new hotel placements for people still on the streets” in Pioneer Square and the CID. “Our ability to make new hotel placements has been paused for two months, and the current County rescue package will provide very little room to place new people.”

As one panelist from California noted, “to my knowledge, we have not seen any FEMA reimbursement requests [for hotel shelter costs] denied.”

Local advocates and city council members have asked the mayor to open hotels to unsheltered people who are at risk to COVID infection due to age or underlying health conditions, such as addiction, using federal FEMA dollars that are set aside for this purpose. Durkan and her budget office have responded by providing long lists of objections to the idea, and by arguing that FEMA does not pay for any kind of “services” at the hotels it does fund—only the cost of basic room and board.

As PubliCola has reported, this is not the experience of other cities that have used FEMA funding for hotel-based shelters and services; FEMA does not fund non-shelter services such as individual case management or counseling, but it does fund the costs of running a shelter, such as shelter staff. Cities across California, an early adopter of the hotel-based shelter model, have received reimbursement for the vast majority of services they provide to the thousands of formerly unsheltered people who have been staying in hotels since the pandemic began.

On Tuesday, the National Low-Income Housing Coalition held a panel discussion that provided important national perspective on Seattle’s reluctance to fund any hotels using FEMA-reimbursable dollars. From New Orleans to California, the common theme was that the process of seeking FEMA reimbursement (which was at the heart of many of Durkan’s objections) was well worth the lives that were undoubtedly saved by bringing people indoors. And, as one panelist from California noted, “to my knowledge, we have not seen any FEMA reimbursement requests [for hotel shelter costs] denied.”

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Ann Oliva, a former HUD staffer who is now a fellow at the Center on Budget and Police Priorities, said that “every community should be using their FEMA dollars to support … a non-congregate sheltering approach”—and seeking additional federal money to pay for the small percentage of services that FEMA won’t pay for. “What’s important for you all to think about,” she told the local leaders and service providers on the call, “is how you can us either CARES Act [dollars] or these new resources coming thru the [American Rescue Plan Act that was announced last week to ensure that you have the money you need” to fund supportive services such as case management. Continue reading ““Every Community Should be Using FEMA Dollars” for Hotel-Based Shelter. So Why Isn’t Seattle?”

Mayor’s Office Says Hotel Shelter “Service Costs Are NOT Eligible” for FEMA Funding; Shelter Providers, and FEMA Guidelines, Disagree

By Erica C. Barnett

On Tuesday, the Seattle City Council continued to seek clarity on why Mayor Jenny Durkan’s office has not sought to fund hotel-based shelters with funding from the Federal Emergency Management Agency, which recently announced it will reimburse the cost of such shelters, with exceptions for non-shelter services such as case management, at 100 percent. (Previously, FEMA reimbursed for 75 percent of eligible costs, but President Biden increased that amount to 100 percent and made it retroactive to January 2020).

As PubliCola has reported, the City Budget Office, which answers to the mayor, sent a memo to the council late last month outlining a series of objections to funding hotel shelters using FEMA money. Most of the objections related to administrative headaches and hurdles associated with applying for funds. However, the memo also claimed that FEMA “is not paying for any services,” and that such “services” at shelters typically cost between $18,000 and $25,000 a year.

Deputy mayor Tiffany Washington reiterated this point in an email to members of the city’s volunteer commissions this week that explicitly said PubliCola’s reporting was “inaccurate and misleading.” (We stand by our reporting.) “While facility costs (the actual hotel rooms) and operations costs (like security, cleaning, and meals) are eligible, service costs are NOT eligible,” Washington wrote (emphasis hers), and reiterated the $18,000 to $25,000 figure.

Reimbursable items, according to FEMA’s guidelines, include “shelter management,” “health and safety,” “medical staff” “personal assistance service staff,” and other “support services” needed to operate a shelter. 

In fact, FEMA’s own guidelines for non-congregate shelter options during COVID lay out exactly which “shelter services” the agency covers, and they are not limited to “the actual hotel rooms” and operations costs associated with running a bare-bones hotel. (As a city council staffer put it Tuesday, “just leaving them there without any interactions and just dropping a meal off now and then” does not constitute a shelter).

Accordingly, reimbursable items, according to FEMA’s list, include “shelter management,” “health and safety,” “medical staff” “personal assistance service staff,” and other “support services” needed to operate a shelter.

Low-Income Housing Institute director Sharon Lee tells PubliCola this shouldn’t be news to the city; FEMA has already paid for multiple tiny house villages and one enhanced shelter facility that LIHI opened in response to the pandemic, “and there were only a small number of items that they didn’t cover.” (This was during the period when FEMA only reimbursed 75 percent of costs.) Among the items FEMA covered, Lee said, were “office supplies, education expenses, client assistance… all operating costs, and the rest of the staff” who were not engaged in direct case management.

Case managers and behavioral health counselors also make up only a small minority of the staff that will be working at one of the hotel-based shelters that city plans to open using Emergency Solutions Grant (that is, non-FEMA) funding later this month.

According to Chief Seattle Club operations director Virgil Wade, the shelter CSC will operate at King’s Inn in Belltown will have between 10 and 13 staff, including three case managers, to “monitor and assist the clients” living in “about 60 rooms” at the 66-room facility. Consistent with LIHI’s experience operating shelters for people vulnerable to COVID infection, the majority of staff fall under the categories the FEMA guidelines define as reimbursable, assuming all other conditions are met.

According to Low-Income Housing Institute director Sharon Lee, FEMA has already paid for multiple tiny house villages and one enhanced shelter facility that LIHI opened in response to the pandemic, “and there were only a small number of items that they didn’t cover.”

Like other service providers we’ve spoken to, LIHI’s Lee said it’s unclear to her why the city hasn’t gone after more FEMA funding for these services at other kinds of shelter, such as hotels. “We’ve been urging the city and other jurisdictions to make better use of FEMA, but we do know that there’s some hesitancy,” Lee said.

Asked about FEMA”s list of reimbursable services, Durkan chief of staff Stephanie Formas responded by reiterating that the city is seeking reimbursement for “eligible items like meals and security” at other shelters, but not “behavioral health, case management, and mental health.” This does not, unfortunately, answer the question about FEMA’s list of reimbursable services that are not on this concise but ill-defined list.

Formas added that the mayor’s office doubts that every single client being sheltered by the Public Defender Association’s JustCARE program—in the news lately because its funding from King County runs out in less than two weeks—would be considered vulnerable to COVID under FEMA’s standards for reimbursement. That’s a matter of debate on which the mayor’s office and service providers have taken different sides, with the mayor’s office using it as one of many reasons not to try for federal funds and service providers urging them to do so. Continue reading “Mayor’s Office Says Hotel Shelter “Service Costs Are NOT Eligible” for FEMA Funding; Shelter Providers, and FEMA Guidelines, Disagree”

After City Rejects Expansion Plan, Hotel-Based Shelter Program Seeks Path Forward

Tents along 2nd Ave. South in Seattle. JustCARE, a shelter and case management program run by the Public Defender Association, Asian Counseling and Referral Service, and several other groups, moved many from the area into hotels.

By Erica C. Barnett

The city has formally rejected a proposal by the Public Defender Association to operate a non-congregate shelter at the Executive Pacific Hotel in downtown Seattle, telling the PDA by email that the plan—negotiated over several months—was too expensive. (The city is in the process of finalizing a separate proposal, to operate a smaller shelter out of King’s Inn near South Lake Union, from the Chief Seattle Club).

In a four-line email to PDA director Lisa Daugaard, Seattle Homelessness Strategy and Investments division director Diane Salazar wrote, “Unfortunately, your proposed cost per room does not fit within our program or budget framework for enhanced shelter beds in hotels. …Based on your proposed program cost, which is out of synch with the per room cost we provided, we will not move forward with your proposal.”

Planning for a “shelter surge,” including 300 hotel rooms and 125 new enhanced shelter beds, began last fall, after deputy mayor Casey Sixkiller and city council homelessness committee chair Andrew Lewis announced a new plan to use federal Emergency Solutions Grant dollars to fund hotel-based shelters for ten months. The idea is to move hundreds of people quickly from unsheltered homelessness to hotels and into housing, mostly through temporary rapid rehousing subsidies for market-rate apartments. Providers submitted responses to a Request for Qualifications for the project last year.

The rejected PDA proposal would have expanded the successful King County-funded JustCARE program. The project has moved about 130 people, most of them chronically homeless and involved in the criminal justice system, directly from encampments in Pioneer Square and the Chinatown/International District into hotels in Seattle, where they receive behavioral health care and other services.

The program, a collaboration between the PDA,  is designed to mitigate the impacts of encampments on the two neighborhoods while “addressing the overlapping realities that, due to COVID, jail bookings need to stay low, most congregate shelters aren’t viable, and local leaders have rightly pledged to stop sweeping people camping outside from one point to the next,” Daugaard said.

The PDA’s proposal to expand JustCARE into the Executive Pacific—a hotel Mayor Jenny Durkan reportedly favors because it already has a sister hotel serving as a shelter in San Francisco—would have cost around $28,000 per room, or about $11,000 more than the $17,175 maximum the city decided on late last month.

Daugaard tells PubliCola that that figure doesn’t allow the her organization to pay people “appropriate wages for this frontline work, much less “hazard pay, COVID exposure paid leave, the need for 24/7 clinical supervision, and partnering with a 24/7 safety team to deescalate issues without calling 911.”

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According to the PDA, the city asked the agency to replicate JustCARE using federal funds, not the other way around. In an email to Diane Salazar, PDA deputy director Jesse Benet wrote, I was under the impression that the City believed in the efficacy of our model and was assured many times over by your team that it was what the City wanted to buy.”

An RFQ does not require agencies to submit a budget; the aim is to solicit proposals that meet certain terms established by the city. 

Although the city said that they were rejecting the PDA’s proposal primarily because it was too expensive, the PDA is hardly the only provider that requested more money than the city’s bare-bones budget. For example, the Downtown Emergency Service Center, whose shelter at the Red Lion in Renton Sixkiller has held up as a model for the Seattle program, requested $25,500 per unit. Continue reading “After City Rejects Expansion Plan, Hotel-Based Shelter Program Seeks Path Forward”

2020 In Review: Following up On the Everspring Inn, the Navigation Team, and “Digital IDs” for Homeless Residents

By Erica C. Barnett

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.

Still, there are a number of stories we didn’t follow up on, because of time constraints, lack of information, or the nonstop firehose of news that was 2020. So if you’re wondering what became of the people who were suddenly kicked out of an Aurora Avenue motel by the city, a proposal to keep track homeless system clients using fingerprints or digital IDs, or the detective who had the city’s Navigation Team haul away her personal trash, read on.

The Everspring Inn Eviction

One of the saddest and most complex stories we covered this year was a sudden mass eviction at the Everspring Inn on Aurora Ave. N—a semi-derelict motel that was home to dozens of people who were already living on the margins when the pandemic hit. The ouster was unusual among COVID-era evictions because it was instigated not by the landlord, but by the city—specifically, the Seattle Police Department, which declared the property a “chronic nuisance” after two shootings, multiple reported rapes, and ongoing drug activity.

In the days after the eviction notices (which said they had to leave “immediately,” almost certainly in violation of landlord-tenant law), tenants reported that security guards hired by the motel’s owner, Ryan Kang, had boarded up their doors and windows, locked them out of the property, and offered them as little as $100 to leave. Not all of the tenants did, and they said Kang cut off their hot water and towed their cars in retaliation.

Perversely, once a person is in any kind of housing, however tenuous, they become ineligible for many of the supports that could keep them housed.

Since then, most of the tenants have been moved temporarily to another hotel with the help of the Public Defender Association, whose LEAD and Co-LEAD programs help people engaged in low-level and subsistence crimes such as drug dealing and sex work. Although it took a while, the city of Seattle eventually gave the PDA authorization to use money left over from its 2020 contract to move the Everspring residents to another hotel and released funding so that they could enroll many ofthe residents in the LEAD program. (SPD, which was aware that many of the tenants were engaged in low-level criminal activity, had the authority to refer them to LEAD all along, but did not do so.)

It’s a common misconception that people experiencing homelessness, or who are at risk of homelessness, all require expensive interventions such as permanent supportive housing, mental health treatment, or jail if they’re engaged in low-level criminal activity. In reality, many just need a place to live that they can afford with a little financial help. However, precisely because they are not disabled, addicted to drugs or alcohol, or unable to work, people in this category are generally last to receive subsidies through rapid rehousing programs, which prioritize clients with more barriers to housing, not those who can almost pay for housing on their own.

The former Everspring tenants typify a group of homeless or marginally housed people who work in the illegal economy because they can’t find legal jobs that pay enough to cover rent, Daugaard says. They’re “high-functioning but economically insecure, and many have had no alternative to the illicit economy.”

The PDA has paid for the former Everspring residents to stay in a hotel for the next several months. By pre-paying for hotel rooms, rather than providing short-term rent subsidies for “permanent” housing, LEAD ensures that its clients remain eligible for other housing subsidies and assistance that’s only available to people who are “literally homeless”; perversely, once a person is in any kind of housing, however tenuous, they become ineligible for many of the supports that could keep them housed.

But funding for the PDA’s other hotel-based programs, including Co-LEAD and JustCare, which uses federal relief dollars to move people directly from encampments (like the ones near the downtown King County Courthouse) to hotels, is running out. If the city (or county) doesn’t come up with a new funding source for these hotel-based shelters, many will have to close at the end of January. 

Support PubliCola

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter. Earlier this month, we took a look back at just some of the work we’ve been able to do thanks to generous contributions from our readers, but those pieces represent just a handful of the hundreds of stories we’ve published this year.

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 and exclusively 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.

Digital IDs for people experiencing homelessness

Back in 2019, PubliCola reported exclusively, Mayor Jenny Durkan ordered the Human Services Department to study biometric tracking of the city’s homeless population, using fingerprints or other unique identifiers. The idea was to create “efficiencies” in the homelessness system by making it easier for service providers (and clients themselves) to keep track of clients’ personal records, such as medical documents, IDs, and the services they access across the homeless system. Continue reading “2020 In Review: Following up On the Everspring Inn, the Navigation Team, and “Digital IDs” for Homeless Residents”

Tenants Describe Worsening Conditions at Aurora Motel as Owner Signs Agreement with SPD

 

By Erica C. Barnett

Last week, five days after the owner of a dilapidated Aurora Avenue motel, the Everspring Inn, left notices on tenants’ doors telling them they had to vacate their rooms immediately, the Seattle Police Department signed off on a “nuisance property” abatement agreement that the owner, Ryan Kang, used as justification after the fact for displacing his tenants, some of whom had lived at the motel for years.

The papers he taped on tenants’ doors were not official eviction notices, nor, attorneys for the tenants say, were they legal; even if Kang and SPD had both signed an abatement agreement when he began forcing his tenants out, he would have had to provide them with notice, relocation assistance, and sufficient time to find new places to live. Nothing in the law allows a landlord, even one who runs a dangerous or substandard property, to simply tell his tenants to get out.

Tenant advocates, and many of the tenants themselves, agree that the Everspring is not a good place to live. Black mold is visible in many of the units, and water sometimes drips from the ceilings. Fights are common. But attorneys for the Public Defender Association, which is representing some of the tenants, say even a justified nuisance agreement can’t provide legal cover for kicking tenants out without proper notice or restitution, and they argue that SPD Police Chief Carmen Best made a serious error of judgment when she signed an agreement after several local media outlets, including this site, reported that Kang was illegally evicting tenants, towing their cars, and shutting off their hot water in the middle of a pandemic.

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Lisa Etter Carlson, co-founder and director of women’s health initiatives at the Aurora Commons, a nonprofit that helps sex workers and people experiencing homelessness in the neighborhood, said she was surprised when media coverage didn’t jostle the city of Seattle into action. “I kind of assumed that surely, with all the press, with the absurdity and inhumanity of turning these precious people out during a pandemic, during an eviction moratorium, surely someone out there was doing  something,” she said. “And it just became clear that no no one was. They never called. They never showed up. We never received any assistance.”

Bryan Stevens, a spokesman for the city’s Department of Construction and Inspections, says SDCI is reviewing 16 complaints from Everspring residents—complaints that those residents could use as a defense against a formal eviction proceeding. At that point, the city would also begin issuing notices to the property owner, Kang, for violating the city’s just-cause eviction ordinance. Since the evictions have all been de facto and informal, it’s hard to see how this option is meaningful to the current and former tenants.

And, as Etter Carlson noted, no one from the city has showed up to inspect the site or stop the evictions from happening. For the past week and a half, the only city employees who’ve been consistently on site are members of the Human Services Department’s Navigation Team, bearing offers of shelter—a significant step down from even a crappy motel room, and one that many tenants aren’t willing to consider.

“It’s really challenging when people have had their own apartment for years to then, just all of a sudden, pick up and move to a tiny house or a shelter situation,” Etter Carlson said. “It’s not dignifying.”


Most of the people at the Everspring had nowhere to go; and so, many of them are still there. As of last weekend, nearly a dozen rooms in the Everspring were still occupied, with plywood sheets sitting just outside their doors as a reminder that if they leave their rooms, they will be considered unoccupied, and the security guards will board up their doors with all their possessions inside. As a result, tenants said, they have taken to sitting in each others’ rooms when one of them leaves so that their doors don’t get boarded up while they’re gone.

Stevens, from SDCI, says the department got assurances that Kang was only boarding up “unoccupied” rooms. He added that the city has no authority to order a property owner to open up rooms that are boarded up if no one is living there.

Tenants who were still living at the Everspring over the past weekend said that after he ordered them to leave, Kang hired security guards who roamed the motel’s hallways and locked the newly installed gate, preventing tenants from coming and going at will. “One of them tried to jump me because I didn’t want them to come into my room to escort someone to help get her stuff,” tenant Bruce Red recalled. Another tenant, Stephanie Lewis, said one of the guards claimed to be a US marshal, and was “walking around, all geared up with a Taser gun and a bunch of different kinds of mace and pepper spray.” 

Kimberly Harrell, a case worker with REACH, confirmed that one security guard was representing himself as a US marshal, and said, “The behavior of the security there is ridiculous. It’s almost like he’s taunting them or trying to provoke them.” She showed me a text message exchange between that security guard and one of the tenants. “Don’t say I didn’t warn no body,” the message said. The tenant asked him what he meant, and he responded, “U know what I mean. I’ll say this: I will be wearing police patches tonight.”

“I kind of assumed that surely someone out there was doing something. And it just became clear that no no one was. They never called. They never showed up. We never received any assistance.” —Lisa Etter Carlson, Aurora Commons

Lewis, who worked 12-hour days at the front desk for $10 an hour, said that Kang ordered everyone to move their cars from the motel garage or he would have them towed. As a result, “we had to take our car out of the garage and park it on the street.” If they get kicked out, they’ll need to use that car as shelter. 

The Public Defender Association sent a letter last Thursday to Kang’s attorney, E. Chan Lee, demanding that Kang stop removing tenants from his property, turn their utilities back on, and allow people whose rooms were boarded up to get back into those rooms and retrieve their property.

They also wrote to Best and soon-to-be-acting police chief Adrian Diaz directly, expressing outrage that the department signed the order without telling them, after the PDA contacted the department two weeks ago to see if any of the people Kang was kicking out might be eligible for the Co-LEAD program. That program provides motel rooms and case management for people experiencing homelessness who are involved in low-level criminal activity—a description that fits many of the Everspring’s residents.

Their letter to SPD reads, in part:

Accepting for the sake of argument that a serious nuisance situation existed at the Everspring, you must know that (1) people not responsible for those conditions will be forced out onto the street and (2) those responsible for the nuisance conditions will not cease their problematic activity just because they lose their lodging. It is inconceivable, and inexcusable, for you not to have initiated planning with the community partners who could work with this population, and the various city agencies that can provide relocation assistance and homelessness prevention, before you took this action. The city’s departments appear to be working at cross purposes, with zero coordination, and at odds with stated city policies about sheltering/lodging high barrier individuals, finding space and avoiding unnecessary evictions to the street.

Tenants cannot be evicted because of criminal activity that happens on a property unless they were directly involved. A spokeswoman for SPD said the police department was not involved in or aware of the evictions when they began on August 13, and characterized them as requests to tenants that they “voluntarily leave.”

Prachi Dave, the PDA’s legal director, said that while the nuisance order cites “various kinds of criminal activity, there’s no allegation that the people are being removed from their homes right now have engaged in any kind of criminal activity. Having them bear the ramifications of that seems fundamentally unfair.”

Moreover, Dave continued, the police knew that Kang was already evicting tenants illegally when they signed the agreement with him—an agreement he is now using to justify the evictions that took place before it was signed. In his letter responding to the PDA, Lee, Kang’s attorney, said his client was “in fact required to remove all those residing at the property pursuant to our agreement with the Seattle Police Department.” The agreement does note that this should be the ultimate outcome, but it does not give Kang permission to simply tell everyone to leave without notice, due process, or relocation assistance. And, again, it was signed several days after notices went up on tenants’ doors and tenants were told they had to be out right away.

“The fact that SPD entered into this agreement, knowing this was going to be the outcome, and when that outcome was already already unfolding at the time they entered this agreement, is incredibly problematic,” Dave said.

Tenants say that in addition to boarding up rooms with tenants’ property inside, Kang offered some tenants a mere $100, in cash, to leave. Some have taken the money. One such tenant, Eric Border, said he sometimes worked for Kang under the table, “as muscle.” He said he took the money and left because he didn’t feel he had a choice. “He boarded up my door and told me to leave,” he said.

When I talked to Border by phone on Sunday, he said he was walking around, scared and with nowhere to go. He had been living at the Everspring for about three years. “I’m older now and I need a place to stay,” he said. “I have nowhere to take a bath. I just want a place to lay down and wake up so I can be normal.”

Harrell, with REACH, said she was especially appalled to learn, from a story in the Seattle Times, that Kang had received at least $164,000 in “rapid rehousing” assistance from the city of Seattle in 2018, making him the single largest beneficiary of the program. Rapid rehousing is supposed to provide temporary assistance to get people into safe, stable housing—typically in market-rate apartments—until they can pay the full rent themselves. Rent for a room at the Everspring ranged from $1,800 to $2,400 a month, and it was far from safe or stable.

“If the city is paying for something like that, then how come no one checked to make sure things were running properly?” Harrell said. “It’s not fair that he got all this money and didn’t run it the way it should have been run.”

The groups that are trying to help the Evergreen’s tenants, including REACH, the Aurora Commons, and the PDA, say they aren’t asking for anything extraordinary—just some relocation assistance and time to find the tenants a new place to stay and get them connected with case management and other support. The tenants, too, say that’s what they want.

“I hope I can wake up tomorrow and they’ll say, ‘Here’s your relocation money,'” Lewis said. “Basically, all we want is to be compensated, to be relocated so we can go on with our lives.”

Justice Reform Advocate Behind Successful Diversion Program Wins MacArthur “Genius” Grant

This post originally appeared on Seattle magazine’s website.

Image Credit: Hayley Young, Seattle magazine

Lisa Daugaard, the Seattle criminal justice reform advocate and director of the Public Defender Association (PDA), used to joke with her staff that she would never get a MacArthur grant—the no-strings-attached financial stipend commonly known as the “genius grant.” “It has been kind of an internal joke among my colleagues and family that this would never happen to me, because I had a particularly challenging dynamic with MacArthur over how the work in the [criminal justice] field should progress,” Daugaard says.

So when she got a call from the MacArthur Foundation—several calls, actually, plus a number of increasingly urgent texts—she thought, “I’ll get to this when I get to it.”

Daugaard was preoccupied with a more pressing problem—the latest city budget left the Law Enforcement Assisted Diversion (LEAD) program underfunded, and the PDA would have to stop taking on new clients starting in early 2020. The city has expanded the program geographically since it first started as a Belltown pilot program in 2005, but resources have not kept up with the expanding need, and the small staff is now “pinned at their desks” by staggering caseloads, Daugaard says. “We’ve been struggling with fairly profound questions about whether LEAD is going to make it in Seattle. … The model will collapse without some recognition that as we build enthusiasm for and willingness to use this model, by definition, we have to grow in capacity.”

So when her phone started ringing, Daugaard says, “I was very preoccupied and grumpy. That morning, I was walking around thinking, ‘I’m kind of done. I don’t think I can fix this.’”

When she finally returned the call, “and then I realized that the only thing they needed to ask me about was whether I would accept this award, it was just one of those moments in one’s life where the thing that you had absolutely, conclusively ruled out as ever possibly happening does happen, and it reminds you that you should probably stop assuming that you know what is possible,” Daugaard says.

LEAD, a joint effort between the PDA, police, and other community stakeholders, is a pre-arrest diversion program that offers alternatives to the criminal justice system for low-level offenders with mental illness and substance use disorders. The program has been shown to be more effective than other approaches at reducing recidivism, reducing arrests by 60 percent compared to other approaches. Versions of LEAD now exist across the country—a testament, supporters say, to the effectiveness of the program.

MacArthur’s process for choosing grant recipients is notoriously secretive. It involves following potential recipients’ work for multiple years and interviewing other people in their orbit to gauge the impact of their work. “The idea that folks who have tried to steer the criminal justice field are feeling confident about this direction was kind of news to me, and very welcome information,” Daugaard says.

She hopes Mayor Jenny Durkan and other city leaders are paying attention. “The people who confer about what direction our field needs to take have decided that this is a very promising direction and that this is not a risk. I hope that that is the takeaway,” she says.

As for what she plans to do with that $625,000 of grant money from the foundation? Daugaard says she’ll figure that out soon—right after she finishes up a couple of big projects, including training 15 organizations from across the U.S. on the LEAD model. “I think in 2020 I will be able to start stepping away and doing some writing” about the theory and practice of LEAD and why it works. She knows the program will go on whether she’s actively engaged on a day-to-day basis or not. “I’m proud and pleased that [LEAD] is not dependent on any one person or any one personality and style,” she says. “I’m really confident that that the same insights will be generated, and the same problem-solving will happen, whether I’m there or not.”

Morning Crank: An Insurmountable Impact to Quality of Life

1. The King County Regional Policy Committee, which includes members of the Seattle City Council and King County Council as well as several suburban mayors, voted yesterday to move a proposal to renew and expand the King County Veterans and Human Services levy (now known as the Veterans, Seniors, and Human Services Levy) one step closer to the November ballot. The committee debated, but didn’t take a position on, the size of the levy, which under a proposal by King County Executive Dow Constantine would increase from five to 12 cents per $1,000 of property valuation. Kent Mayor Suzette Cook, a member of the Sound Cities Association of suburban cities, proposed reducing the renewal measure from 12 cents to 10, while advocates for seniors and people with criminal convictions in the audience advocated an increase to 15, which would represent a tripling of the levy.

The testimony, which stretched more than an hour, whipsawed between senior citizens praising Constantine for including seniors in his proposal, and advocates for active drug users and people with criminal convictions asking the committee to add programs that provide housing for those hard-to-house groups to the levy. Not This Time founder Andre Taylor’s testimony about being unable to rent an apartment in Seattle because of a conviction 20 years ago was followed moments later by an advocate for senior citizens who are losing their sight. Although both groups wore green scarves to symbolize their support for increasing the levy, those who supported housing for people with criminal convictions and active drug users hung an additional symbol—an orange strip of fabric—around their necks; none of the people wearing green scarves spoke in favor of the proposal, possibly because housing senior citizens is much less contentious than housing active drug users and people with criminal convictions.

“Everybody lives somewhere,” Public Defender Association director Lisa Daugaard said. “If it is on the street and in public, in our cities and in unincorporated King County, that is an insurmountable impact to quality of life,” both for people who can’t find housing and people who encounter them on the street. Most housing for people with substance use disorders require total abstinence from drugs and alcohol, which gets the equation exactly backward; for people living on the street, getting clean and sober can be an insurmountable challenge, but harm-reduction studies have shown consistently that people’s quality of life improves once they have housing, even if they keep using drugs or alcohol.

The levy proposal now heads to the county council, which will send a final version back to the committee by July.

2. In response to news that billionaire investor and Celtics minority owner David Bonderman, a key player in the Oak View Group of investors that Mayor Ed Murray recently selected to rebuild Key Arena, had resigned from the board of Uber after making sexist comments, Murray said yesterday, “businesses that wish to partner with the City of Seattle must share our values of equity and inclusion. Because of the negative impact of attitudes and comments like these, we will engage with Oak View Group during our negotiation to ensure our partnership is built on and reflective of Seattle’s values.” Asked what form that “engagement” will take, mayoral spokesman Benton Strong said that was “being discussed.”

3. Former 46th District state Rep. Jessyn Farrell won the straw poll and went home with a slightly crumpled straw cowboy hat at conclusion of the the 34th District Democrats’ mayoral forum in West Seattle last night, after two rounds of questions that initially winnowed ten candidates (including unfamiliar faces like SPD officer James Norton and business consultant Tinell Cato) down to three familiar ones (former US Attorney Jenny Durkan, vFarrell, and current 11th District state Sen. Bob Hasegawa), then two (Farrell and Hasegawa) then one.

A few things I heard last night, in no particular order:

Michael Harris, TV producer and tailored-suit aficionado, on what he’d bring to the table as mayor: “The ethic that I’ve learned as an ABC producer is that I get I there and immerse.”

Mike McGinn, former mayor: “We tax regressively. We need to spend progressively. I would hold the line on sales taxes and property taxes.”

Jenny Durkan, on the need to keep Seattle’s neighborhoods unique in the future: “If you held a gun to some people’s heads and said, ‘You have to move from West Seattle to Capitol Hill,’ they would say, ‘No way.'”

Jessyn Farrell, on her solution for “food deserts” like Delridge, where grocery stores are few and far between: “There’s a real role for government to step in. By using incentives and disincentives we can foster more small businesses and [reduce] barriers. We could be asking grocery stores to do more when we’re granting permits.”

Hasegawa, same question: “I’m all for supporting mom and pop grocery stores to start up in the neighborhoods, but the easier way is to really build out our transit system so people can get where they want to go easily.”

Hasegawa, on how he would pay for that: “A municipal bank.”

Hasegawa, asked whether he would prefer to have lots of homeless children or lots of homeless single men. “I’m a politician, I guess we’ll work through [the question.]” (Proceeds to talk out the clock.)

Jenny Durkan, on whether it’s appropriate for schools to employ uniformed SPD officers  as “community resource officers”: “One of things we found out from SPD’s own data  is that 75 percent of the time, when an officer used force, it was either someone in a mental health crisis or under the influence of drugs and alcohol.” (Proceeds to talk out the clock.)

McGinn, on whether he supports or opposes the soda tax that just passed (everyone else held up their “no” signs): ¯\_(ツ)_/¯

Everybody, on whether the city should annex North Highline, an unincorporated area near White Center: “¯\_(ツ)_/¯”

The 34th District Democrats did not make a formal endorsement last night.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: Planning Is Necessary. Stalling Is Not.

L-R: Commissioners Vickie Rawlins, Brendan Donckers, Eileen Norton, Bruce Carter, Charlene Angeles

1. The Seattle Ethics and Elections Commission dealt another blow to defenders of Mayor Ed Murray yesterday afternoon, agreeing unanimously that the mayor’s supporters couldn’t create a legal defense fund and solicit unlimited anonymous contributions on his behalf.  Moreover, the board ruled that the supporters’ backup plan—limiting the amount of contributions and disclosing the names of donors—was equally unacceptable, on the grounds that the city’s ethics rules contain no provision allowing legal defense funds for elected officials.

“Given our current ethics code, or what we care about in the city about transparency and accountability, I don’t see a path for you,”  commission chair Eileen Norton addd.

Murray’s supporters proposed creating the fund to help the mayor defray the cost of defending himself against charges that he sexually assaulted a young man in the 1980s, and some speculated that one reason the mayor announced he would not run for reelection was to eliminate one objection to the fund—that it would violate campaign-finance rules.

 

“There is concern about whether the mayor has the resources” to defend himself, Flevaris said, “and the folks putting the fund together want to address that issue and make sure that the lawsuit can’t be used as a political tool” against him. “When you have a scandalous lawsuit like this, we think [that] informs this issue.”

“I don’t think the emotional issue around the lawsuit should inform our decision,” Norton responded.

Flevaris and Lawrence argued that by keeping the names of contributors to the fund anonymous and requiring donors to sign a nondisclosure agreement, the fund would avoid any appearance of political impropriety. However, commission director Wayne Barnett countered that if, for example, “someone involved with the development of an arena in SoDo makes a substantial gift to the legal defense fund, I don’t see how an unenforceable nondisclosure agreement is going to persuade a reasonable person that it was not given with an intent to influence” city policy.

Moreover, Barnett said, if the commission granted the defense fund the right to solicit anonymous, unlimited contributions, the commission wouldn’t have a leg to stand on the next time a campaign came before them asking for the right to take anonymous contributions, which has happened in the past.

Murray can still accept very nominal gifts under the city’s gift rules, but the commission did not appear to leave any path for the legal defense fund to proceed. After the vote, Flevaris said he was glad that the commission had given the attorneys for the fund some “clarity” on whether they could proceed. Once Murray’s term ends on December 31, he will be a private citizen no longer subject to the city’s ethics rules; however, Flevaris said “time is of the essence” in the lawsuit. Paul Lawrence, another attorney for the mayor’s supporters, said he hadn’t “heard anything to suggest” Murray would resign in order to start collecting contributions to help him defend against the lawsuit.

Turina James: “I’m the face of a heroin addict. Just a year and seven months ago, I was right out there with all of them. Without harm reduction … I don’t know what I would have done.”

2. Also yesterday, the King County Council’s Health, Housing, and Human Services Committee decided to delay for another month a motion that would direct King County Executive Dow Constantine to prepare a report and work plan for the creation of two pilot supervised drug consumption sites in King County. Citing the number of people (about 40) who showed up to testify in the middle of the afternoon, committee chair Jeanne Kohl-Welles postponed the measure that was the subject of all that testimony on the grounds that there was too much else on yesterday’s agenda.

Most of those who turned out to testify—including emergency room nurses, recovering addicts, Real Change vendors, and residents of neighborhoods, like Belltown, where injection drug use is common—supported the sites. However, the delay speaks to the disproportionate weight of opponents’ voices.  Yesterday, those opponents claimed, as they always do, that supervised consumption sites will turn entire neighborhoods into apocalyptic landscapes overrun by strung-out zombies who shoot up, turn tricks, and lie half-dead with their faces on the sidewalk in front of “legalized shooting galleries” that exist to “enable human suffering.”

“You seem to be forgetting that heroin is illegal,” one opponent, who identified himself as a recovering addict, said. “This plan is completely insane,” argued another.

Peer-reviewed studies from supervised-injection and -consumption sites around the world show that they reduce deaths from overdoses, infections, HIV, and hepatitis C, and connect people struggling with addiction to services and treatment.

Public Defender Association director Lisa Daugaard, a member of the task force that, almost nine months ago, recommended a supervised consumption site pilot project as part of a comprehensive package of recommendations to address the opiate and heroin addiction epidemic, said after the meeting that she was frustrated with the slow pace the committee has taken. “It’s hard to say that it’s behind schedule, given that it would be the first of its kind in the country. That said, this isn’t ideal, because these recommendations have been sitting for months.” Noting that the task force only recommended a three-year pilot project, Daugaard said the only way to demonstrate whether supervised consumption can work, or that it’s doomed to disaster, is to try it.

“The answer to those questions [opponents raised] lies is the implementation. We will find out whether there are good, bad, or neutral effects, and we will make an assessment at that point,” Daugaard said.

“But staying in this limbo is the worst of all possible worlds. Planning was necessary. Stalling is not.”

3. In response to a 58 percent increase since 2013 in the number of complaints about vacant buildings, mostly single-family houses, that have fallen into disrepair across the city, the council is considering legislation that would streamline the process for declaring empty buildings hazardous and tearing them down.

Currently, city law requires property owners to wait a full year before tearing down a building if it was most recently occupied by renters; the changes would lower that timeline to four months (which the city’s Department of Construction and Inspections says  is still plenty of time to “ensure that good-quality rental housing is not inappropriately removed”) and make it easier for the city to demolish or clean out hazardous properties and so-called squatter houses. At the city’s planning, land use, and zoning committee Tuesday, Seattle fire chief Harold Scoggins said that in the past 28 months, the fire department has responded to 47 fires in vacant buildings. “That’s very significant for us,” Scoggins said.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support