Tag: Sara Nelson

Council Budget Chair Decries Colleagues’ “Misinformation”; Co-LEAD Program May Shift to State Highway Encampments

1. After voting against the 2023-2024 city budget yesterday, City Councilmembers Sara Nelson and Alex Pedersen issued lengthy statements explaining their rationale. In general, both argued that the council should have approved Mayor Bruce Harrell’s budget without significant changes, and should not have eliminated 80 of the 240 vacant police positions for which SPD would otherwise receive funding year after year.

The council funded Harrell’s entire police hiring plan, including large financial incentives for new and transferring officers, and moved parking enforcement officers back to SPD, another top priority for Harrell and the police department.

Still, Nelson and Pedersen described the budget (which Harrell praised) as an affront that will endanger resident and drive qualified police applicants away “With SPD down about 30% of its deployable force and fatal shootings up 35% since 2020, these are far from normal times, and we need to change the narrative that contributed to their staffing shortage,” Nelson said.

Those numbers require some context: There were 36 fatal shootings in Seattle in the first ten months of 2022, compared to 24 for the same period in 2020—at 33 percent increase. But those disturbing numbers of part of a national trend that is actually worse in rural (and Republican) areas, making it a stretch to suggest that shootings are up because of police staffing problems. Similarly, it’s far-fetched to suggest that a largely symbolic (and fairly obscure) council vote to stop funding some long-vacant positions is driving potential job applicants away.

“At best, Nelson and Pedersen are exhibiting sheer incompetence, but unfortunately it appears it’s a wilfull attempt to spread misinformation to prop up their individual political goals. They are being dishonest and actively harmful.”—Council budget chair Teresa Mosqueda

On Wednesday, council budget committee chair Teresa Mosqueda responded to the overheated rhetoric from Nelson and Pedersen, telling PubliCola: “At best, Nelson and Pedersen are exhibiting sheer incompetence, but unfortunately it appears it’s a wilfull attempt to spread misinformation to prop up their individual political goals. They are being dishonest and actively harmful.”

Although Nelson was just elected to her citywide position last year, Pedersen (who represents Northeast Seattle’s District 4) is up for reelection in 2023. One candidate has already announced, and PubliCola has heard about at least one more potential opponent—an urbanist who will challenge Pedersen from the pro-housing left.

2. One program that did not receive full funding from the council this year—the Public Defender Association’s Co-LEAD program, which provides case management and hotel-based shelter to people experiencing homelessness—may end up having to shift their focus away from Seattle neighborhoods to encampments near state highways, PDA co-director Lisa Daugaard said.

That’s because without $5.3 million in annual city funding to keep the program going, the PDA may end up moving Co-LEAD to the King County Regional Homelessness Authority, which has access to state funds to address encampments in state-owned rights-of-way, such as embankments and overpasses.

“[Focusing on state highways] will take us further away from the focus on public safety in Seattle neighborhoods and the public safety concepts that both the Harrell Administration and the City Council have strongly espoused.—Public Defender Association co-director Lisa Daugaard

The PDA made a similar change to its JustCARE program, which previously focused on large encampments inside the city of Seattle, earlier this year. The program moves encampment residents to hotels and enrolls them in intensive case management, enabling the Washington State Department of Transportation to remove encampments in state rights-of-way—a top goal of Gov. Jay Inslee during the last legislative session—without simply displacing them.

“I think the most likely solution is that more of Co-LEAD may shift over to RHA, if indeed RHA is successful in advocating for the state to double down on the approach that we and other partners have brought to the state transportation right-of-way work,” Daugaard said. “But that will take us further away from the focus on public safety in Seattle neighborhoods… [and] the public safety concepts that both the Harrell Administration and the City Council have strongly espoused.”

JustCARE and Co-LEAD both emerged during the pandemic, with support from emergency federal funding, to address the proliferation of large, sometimes dangerous encampments in places like City Hall Park in Pioneer Square. The council’s budget does provide funding for LEAD, the PDA’s original diversion program, which provides case management to people involved in the criminal legal system, such as homeless people facing charges for misdemeanor crimes.

Council Passes Budget By Narrow Margin; Sawant, Pedersen, and Nelson Vote “No”

By Erica C. Barnett

The Seattle City Council adopted a final two-year city budget by a narrow 6-3 margin late Tuesday afternoon, with Councilmembers Kshama Sawant, Alex Pedersen, and Sara Nelson voting “no.” The budget requires six votes to pass, so if even one council member (such as Lisa Herbold, who voted remotely from an airport) had not been present, the entire budget would have failed.

PubliCola reported Monday on the reasons Nelson and Pedersen gave for voting against the budget. In brief, both argued that reducing the number of vacant officer positions at the Seattle Police Department (from 240 to about 160) represented a step back on public safety; Pedersen called the move an example of police defunding, while Nelson said funding fewer vacant positions would send a negative message to potential police recruits.

Nelson and Pedersen also denounced the council majority (which is ordinarily Sawant’s department) for failing to add a number of new programs Harrell included in his original budget, such as a new gunfire detection system (Shotspotter) and an expanded anti-graffiti team.

“It would be out of line with the role of the legislative branch to just adopt [the mayor’s budget], and it would be impossible for every council member amendment to be added to the mayor’s proposed budget without any changes, given the resources that we have.” —Council budget chair Teresa Mosqueda

Neither Nelson nor Pedersen spoke at Tuesday’s meeting, but Pedersen sent a newsletter update to constituents on Tuesday arguing that the budget—which fully funds Mayor Bruce Harrell’s police recruitment and hiring plan—could discourage potential recruits from applying for jobs at SPD.

“It’s tempting at City Hall to ‘go along to get along to avoid conflict with colleagues, but I ultimately believe each elected official should vote their conscience as they strive to synthesize the concerns and input from their constituents,” Pedersen wrote. “I cannot in good conscience endorse a final budget that I believe fails to learn from recent public safety policy mistakes and falls short on public safety for a third year in a row.”

In her own  newsletter, Nelson  reiterated the comments she made on Monday about what she views as the budget’s shortcomings. “[L]et’s be clear,” Nelson wrote.”This is a policy choice to fund something else, not a necessity driven by a $9 million addition to our General Fund shortfall—which is a relative drop in the bucket.” 

The council majority wasn’t exactly hiding the fact that they had their own priorities—in fact, as council budget chair Teresa Mosqueda said Tuesday, it’s the council’s job as the legislative branch of city government to amend the mayor’s budget, not just rubber-stamp it. “It would be out of line with the role of the legislative branch to just adopt [the mayor’s budget], and it would be impossible for every council member amendment to be added to the mayor’s proposed budget without any changes, given the resources that we have,” Mosqueda said. “Those are the facts. That’s the role of the legislative body.”

Compared to Nelson and Pedersen’s heated denunciations, Harrell’s own statement about the council’s budget was anodyne and supportive.

“The amendment process led to important changes in the proposed budget, including ensuring our police recruitment plan is funded and respecting the requests of parking enforcement officers to reside in SPD,” the statement read. “The Council embraced our proposed budget’s needed investments in improving public safety, urgent action on the housing and homelessness crises, and recommitment to the essential services that residents demand.”

Nelson, Pedersen Vote to Reject City Budget Because It Doesn’t Fund Everything They Want

Councilmember Alex Pedersen and Sara Nelson
Seattle City Councilmembers Alex Pedersen and Sara Nelson

By Erica C. Barnett

Seattle City Councilmembers Sara Nelson and Alex Pedersen voted against the city council’s amended 2023-2024 budget proposal at a council budget committee meeting Monday, joining socialist Kshama Sawant—who votes against the budget every year—in an ideologically split three-vote minority. The budget, which goes to the full council for a final vote tomorrow, requires a six-vote majority to pass; if even one more council member sided with Nelson, Pedersen, and Sawant, the entire budget would fail.

Nelson and Pedersen, who frequently formed a two-vote mini-bloc during the council’s budget deliberations, explained their decision in similar terms: They couldn’t vote for a budget that doesn’t fully fund Harrell’s public safety priorities. “I cannot in good conscience endorse a final budget that, I believe, fails to learn from recent public policy mistakes on public safety and fall short on public safety for a third year in a row,” Pedersen said.

That argument would hold more water if the council had proposed actually cutting SPD’s budget. Instead, the council fully funded SPD’s (and Mayor Bruce Harrell’s) entire hiring plan, and used savings from vacant SPD positions to provide the department with an additional $17 million a year to pay for, among other things, the recruitment and retention proposals Nelson and Pedersen have supported. No other department received this kind of kid-gloves treatment; in fact, many departments face dramatic cuts next year.

The council’s budget also returns the city’s parking enforcement division to SPD, another one of Harrell’s top budget priorities.

“Minor reductions [to proposed new SPD programs] are being emphasized and exaggerated. This is the harmful rhetoric that is likely to continue to negatively impact hiring and retention.”—City Councilmember Lisa Herbold

In contrast to previous years, such as 2020, it’s virtually impossible to make the argument that the council didn’t work with the mayor to craft a budget that retains most of what he wanted—a point Councilmember Lisa Herbold made when she accused her two colleagues of contributing to a “false narrative” about public safety.

“It’s normal to debate budget issues,” Herbold said. “But these false narratives don’t make us safer.”

“Ninety-nine percent of the mayor’s proposed budget is included in this balancing package,” Herbold continued. “SPD hiring is fully funded, and they’ve begun to show some promising trends. Minor reductions to the remaining 1 percent of the budget”—the elimination of new programs, such as a gunfire surveillance system and a marketing consultant—”are being emphasized and exaggerated. This is the harmful rhetoric that is likely to continue to negatively impact hiring and retention.”

Eliminating these new programs from next year’s budget helped the council close a late-breaking general-fund budget shortfall of $4.5 million, on top of the $141 million shortfall announced earlier this year.

Nelson and Pedersen also objected to the council’s decision to eliminate, or abrogate, 80 of the 240 SPD positions that are currently sitting vacant; these vacant positions, which the city will use to augment the budget and fund new SPD spending next year, receive funding every budget cycle. The council’s budget will retain funding for at least 160 of these “ghost” positions going forward, and can add more positions in the future if SPD hiring suddenly skyrockets past the department’s own rather optimistic projections. Nonetheless, both Pedersen and Nelson have characterized this as an example of “defunding” the police. 

Nelson also criticized the council for failing to fund an expansion of the city’s graffiti abatement program and for moving homeless outreach workers out of Harrell’s new Unified Care Team (which the council fully funded) and into the King County Regional Homelessness Authority.

The two council members’ votes against the budget seem even less justified when you consider the concessions the rest of the council made to fund their priorities. 

Nelson, for example, got unanimous approval for a last-minute amendment that commits the city to spend some of the proceeds from a recent settlement with opioid distributors on abstinence-based rehab, marking the city’s first foray into the kind of public health decisions that are usually made by King County’s public health department.

Nelson was elected last year, and is staking out a position on the budget every bit as absolutist as Sawant’s: If the rest of the council doesn’t support her specific priorities, she’ll vote to reject the city’s budget wholesale.

In an op/ed earlier this year, Nelson expressed her view that medication-assisted treatment, such as the use of suboxone (an opioid) to treat opiate addiction, is “not aimed at long-term recovery.” This is the opposite of scientific consensus (the federal government’s substance abuse agency, for example, has a far more expansive definition of recovery that embraces long-term medication), but in line with Nelson’s general opposition to harm reduction programs— like the Public Defender Association’s LEAD and Co-LEAD programs, which provide case management and housing to people with addiction and other behavioral health issues.

Pedersen, meanwhile, managed to wrangle $3.5 million a year for bridge maintenance out of the Seattle Transportation Benefit District tax, which is supposed to fund transit, by arguing that because buses and bikes also use bridges, funding for bridges is a transit investment. That amendment passed 5-4—a major win for Pedersen at the expense of future transit projects.

Nelson was elected last year, and is staking out a position on the budget every bit as absolutist as Sawant’s: If the rest of the council doesn’t support her specific priorities, she’ll vote to reject the city’s budget wholesale. Time will tell if she continues down this all-or-nothing path.

Pedersen, in contrast, has apparently had a dramatic change of heart. Just two years ago, Pedersen wrote in a Seattle Times op/ed that it would be irresponsible for him to vote against the 2020 budget—which included far more dramatic changes than this year’s plan—just because he didn’t like everything that was in it.

“People are yearning for functional government. If the budget does not pass, nothing gets done,” Pedersen wrote. “No budget is perfect. Our constituents have diverse and conflicting views. A budget with positives and negatives is a natural result.”

“And to my constituents who ask, ‘Why did you vote the same way as Kshama Sawant?,” Pedersen concluded,
“I didn’t. She voted No.” This year, so did Pedersen.

Council Budget Eliminates 80 Vacant Police Positions, Preserves Human Service Pay, Moves Parking Officers Back to SPD

City Council budget chair Teresa Mosqueda

By Erica C. Barnett

The Seattle City Council’s budget committee, which includes all nine council members, moved forward on a 2023-2024 budget yesterday that will move the city’s parking enforcement division back to the police department, preserve inflationary wage increases for human service workers, and increase the city’s funding for the King County Regional Homelessness Authority—all while closing a late-breaking budget hole of almost $80 million over the next two years.

Every fall, the mayor proposes a budget and the council “rebalances” it, adding spending for their own priorities and removing items to keep the budget balanced. In November, after many council members had already proposed substantial changes to Mayor Bruces Harrell’s initial budget proposal, the city received news that tax revenues would be even lower than previously anticipated. The biggest unanticipated shortfall came from a decline in real-estate taxes, which pay for long-term capital projects, but other revenues, including parking taxes and money from the sweetened beverage tax, also declined.

Last week, council budget chair Teresa Mosqueda proposed a balancing package that saved money by declining to fund most of the new programs and program expansions Harrell proposed in his budget, while making several substantive policy changes. Among the most controversial: A proposal to eliminate 80 vacant positions in the police department, and a related plan to to keep the city’s parking enforcement officers at the Seattle Department of Transportation (SDOT), rather than moving them back to SPD, while the city decides on a permanent home for the unit.

“Our mayor’s budget did not delete these 80 [vacant police] positions, and if we trust in what the mayor asks for regarding public safety and the budgeting knowledge and skills and best practices of the city budget office, I don’t think we should do anything different here.”—Councilmember Alex Pedersen

The budget the committee adopted Monday night, nearly 12 hours into a meeting that began at 9:30 that morning, will eliminate the 80 vacant positions, while preserving another 160 vacant positions in future years. Vacant positions continue to be funded year after year unless the mayor or council takes action to defund them temporarily and use the money for other purposes, as Harrell’s budget does this year. Both the proposed budget and the one adopted by the committee on Monday use money  that would have gone to the 80 vacant positions to augment the city’s general fund, while using the savings from another 120 positions to pay for new spending within the police department. This week, the council got word that SPD had identified another 40 vacant positions, for a total of 240.

Council member Alex Pedersen opposed eliminating the 80 unfilled police positions, arguing that it would be wrong for the council to go against the “wisdom” of the City Budget Office, the mayor, and police chief Adrian Diaz, who want to keep as many positions vacant but funded as possible.

“Our mayor’s budget … did not delete these 80 positions, and if we trust in what the mayor asks for regarding public safety and the budgeting knowledge and skills and best practices of the city budget office, I don’t think we should do anything different here by abrogating or deleting these 80 positions,” Pedersen said.

Council member Sara Nelson added that eliminating vacant positions as a recurring budget line item could discourage people from applying for jobs at SPD and send a message to existing officers that the city did not support police hiring.

In response, council public safety chair Lisa Herbold pointed out that the budget fully funds the mayor and SPD’s hiring plan, which would increase the department by a net total of 30 officers in the next two years. (This hiring plan assumes a complete reversal, and then some, of current SPD hiring trends). It also keeps the remaining 160 vacant positions on the books, where they will be funded again automatically in 2025. For the city to need the 80 positions the council eliminated Monday, it would have to hire at least 190 net new officers, not counting new recruits who replace officers who leave the department. If that very unlikely scenario came to pass, the council could add funding for more officers—as it has many times in the past.

“It’s really disappointing that … some people seem unwilling to say that the hiring budget is fully funded for the next biennium for the council to act on,” Herbold said. “That would send a positive factual message, rather than … distort what an abrogation of positions would do for the budget.”

Nelson and Pedersen also cast the only votes against a Herbold-sponsored proviso, or spending restriction, requiring the police department to get council approval if they want to use their staffing budget for anything other than salaries and benefits, arguing it was important to give SPD special flexibility to spend their budget how they want to.

“I believe we should stop micromanaging the use of salary savings and exercise some humility going forward because we simply don’t know what needs will need to be met,” Nelson said. “[Extra] overtime, for example, if there’s an earthquake or a mass shooting or something.”

In a last-minute compromise with Harrell’s office, the council agreed to move parking enforcement from SDOT to SPD, as PubliCola reported Monday. The compromise amendment uses administrative savings from the move (almost $9 million a year) to pay for several council spending priorities, including $1 million in one-time funds to support the Public Defender Association’s LEAD and Co-LEAD programs, which Harrell’s budget partially defunded; $1 million to “activate” City Hall Park in Pioneer Square, which has been fenced off since the summer of 2021; and $1 million for RV parking and storage “associated with non-congregate shelter,” among other new spending.

In a separate amendment, the council provided an additional $2 million a year for LEAD and Co-LEAD, which the PDA says still leaves them $5.3 million a year short of what it needs to fully fund both programs. The two programs provide case management and (in the case of Co-LEAD) hotel-based shelter for people involved in the criminal legal system, including many with behavioral health conditions that make it harder to find housing.

Morales had more success with another amendment that would place a budget proviso, or restriction, on $1 million in 2023 spending from the city’s transportation levy, requiring SDOT to spend it replacing plastic bollards that do not actually “protect” bike lanes with concrete barriers that do.

Here are some more highlights from Monday’s meeting, which was the last chance for council members to make substantive changes to the budget; for budget changes the council agreed on prior to Monday’s meeting, check out our coverage of those changes from last week.

• The council turned down proposals to place extra scrutiny on two programs that the council’s more conservative faction, led by Pedersen and Nelson, generally oppose. For example, they voted to remove $1.2 million in funding (all numbers are two-year figures) that Nelson wanted to spend on two full-time city staffers who would evaluate the JumpStart tax, which was just implemented last year.

The council also rejected two proposals by Nelson to apply extra scrutiny to LEAD and Co-LEAD, which take a harm reduction approach to addiction and low-level criminal activity rather than the abstinence-only approach Nelson favors (more on that in a moment). Specifically, Nelson wanted detailed information about the PDA’s subcontracts with REACH, the homeless outreach provider, and the basic details of both programs.

“What services are provided to the clients of LEAD?” Nelson asked Monday. “Which contractors do what for which program?”  because they do receive so much funding?” Additionally, Nelson proposed an amendment that would require quarterly reports on LEAD and Co-LEAD clients’ shelter and housing “acceptance” rates. Continue reading “Council Budget Eliminates 80 Vacant Police Positions, Preserves Human Service Pay, Moves Parking Officers Back to SPD”

Ruling Orders UW to Reinstate Police Patrols at Dorms, COVID Hits Home at SPD and City Hall

1. The state Public Employee Relations Commission, which arbitrates labor disputes within state agencies, reversed a decision that allowed unarmed “campus responders” to provide public safety services at University of Washington residence halls and ordered the UW to restore police patrols, represented by a different union, at the dorms. The ruling orders the UW to reassign campus cops to patrol its residence halls.

The university decided to eliminate armed dorm patrols in 2020 after protests against police violence prompted calls to divest from police across the city and nation.

The divided decision, signed by Commissioners Marilyn Sayan and Kenneth Pedersen, found that the university had failed to bargain in good faith with its campus police union when it eliminated unarmed patrols to the dorms in response to student demands for a “more holistic approach to public safety” in 2020. PubliCola broke the news about the latest PERC decision on Saturday, and covered the original decision, which was issued by a PERC examiner, last year.

The case centered on the question of whether the UW and its president, Ana Mari Cauce, had the authority to replace campus police with civilian responders without negotiating the change with the union representing the officers. The university argued that it had the authority to choose its own campus public safety model, without bargaining the changes with the union; the union argued that the issue was a matter of mandatory bargaining, and that the UW was “skimming” work away from the police department—effectively taking away an opportunity for officers to make money and giving it to new employees represented by a different union.

Although no campus police lost their jobs as the result of the shift in duties (the dissenting opinion by Commissioner Mark Busto notes that the police union “did not present evidence that the CPOs suffered any financial impact from the transfer, such as the loss of overtime”), the PERC ruling orders the UW to “make any eligible bargaining unit employees whole, with interest, by paying them wages and benefits lost as a result of the skimming found in this unfair labor practice complaint.”

2. In COVID news, PubliCola has heard from several sources that Seattle City Councilmember Sara Nelson recently had COVID but failed to inform her coworkers, including at least some council colleagues, about her diagnosis, as the city’s COVID protocols require for all city employees who work outside their homes. Nelson, who often appears on the council dais without a mask, did not respond to a request for comment.

Legislative staff routinely receive exposure notices from Human Resources when someone in their department tests positive and reports it to the city, but there have been significantly more informal reports of COVID than formal notices, meaning that others in the legislative department are not following the policy either. At least two other council members have had COVID, including Councilmember Tammy Morales, who mentioned her diagnosis in a recent public council meeting.

3. Additionally, Seattle Police Chief Adrian Diaz’ brother, acting Lieutenant Avery Jaycin Diaz, is on extended leave and reportedly plans to retire after refusing to get vaccinated, which SPD policy requires. Although neither SPD nor Chief Diaz would confirm that nonvaccination was the reason for his brother’s departure, an SPD spokesman did confirm that he has not been on active duty for some time. The spokesman said Avery Diaz had not submitted his official retirement paperwork as of mid-July.

PubliCola was unable to reach Avery Diaz, and the police chief declined to comment on the record about his brother’s departure. Property records show that he sold his house in August 2021.

As of mid-July, SPD had only fired four officers for refusing to comply with vaccine mandates, although some have retired or resigned inton lieu of termination. The department has lost around 400 officers since 2020, most due to resignations or retirements, and Mayor Bruce Harrell recently announced a $2 million “recruitment and retention” plan that would providing hiring bonuses of up to $30,000 to new SPD officers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nelson, Breaking from Frequent Ally Pedersen, Says Landlords Shouldn’t Have to Divulge Rents

City Councilmembers Alex Pedersen (l) and Sara Nelson (r)
City Councilmembers Alex Pedersen (l) and Sara Nelson (r)

By Erica C. Barnett

When City Councilmember Alex Pedersen proposed legislation that would require landlords to report basic information about their rental units, such as the size of each unit they own and how much it rents for, twice a year, his intent wasn’t to make it harder for small landlords to stay in business.

In fact, one of the goals of the proposal was to provide data to demonstrate the value of protecting so-called “naturally occurring affordable housing”—private, nonsubsidized apartments that rent below market rate—against development, through limits on density in areas that might otherwise be redeveloped into high-rise apartments.

So it was somewhat surprising when, earlier this month, Pedersen’s frequent ally Sara Nelson accused him of trying to impose onerous regulations that would “burden small landlords” who are “really struggling to deal with the impacts of the pandemic on their businesses.” Comparing housing to consumer goods, Nelson said the legislation would force landlords to divulge “proprietary” information that other types of businesses don’t have to disclose.

“We don’t ask other small business owners for this kind of detailed information,” Nelson said during a May 20 meeting of the council’s renter’s rights committee. “For example, we don’t ask all produce vendors to submit the kinds of vegetables they sell and the prices they charge.” (Actually, we do, and on a much larger scale.)

Pedersen, seeming a bit startled by the analogy, pointed out that “the current prices of products are publicly available, whereas we don’t know what the current contract rents are for an apartment project.”

“The problem here is that the price of housing is not known,” added committee chair Kshama Sawant, who supports Pedersen’s legislation. “I don’t understand how it is a burden to disclose the amount of rent you charge—it seems to be the most basic form of information that landlords should be required to share.”

In response, Nelson said people can find out what rents landlords are charging, “kind of, when you’re looking for units,” and that if the city wants to know more about rents they should hire a contractor to do a study. Then she said supporters of the legislation should be honest and acknowledge that “this information is going to be used for other political purposes, such as rent control.”

Sawant, a socialist, supports rent control; Pedersen, a former aide to onetime City Council member Tim Burgess, does not. Continue reading “Nelson, Breaking from Frequent Ally Pedersen, Says Landlords Shouldn’t Have to Divulge Rents”

Conservative Group With Ties to Assistant City Attorney Launches Pro-Davison Effort; Mayor’s Office Said He Didn’t OK Police Hiring Bill, Contradicting Council Member

1. Change Washington, a “strategic communications organization” launched by a right-wing nonprofit called Project 42 in 2019, has repeatedly provided a platform for the tough-on-crime views of now-assistant city attorney Scott Lindsay (including this evocatively titled promotional piece, “Ann Davison’s Plan to Eliminate Repeat Offenders“). On Wednesday, it issued an explicit call to action on Davison’s (and Lindsay’s) behalf.

“Ann Davison Needs Your Help!” screams the headline above an blog post imploring readers to contact Davison and King County Department of Public Defense director Anita Khandelwal to support banning so-called “high utilizers” of the criminal justice system from Seattle Community Court. The link for Davison is her generic city email address; the link for Khandelwal goes to a listing for her direct phone line, effectively encouraging Davison’s supporters to harass a county employee with no control over Seattle’s community court.

“[T]he Seattle Community Court has already failed regarding these criminals, because if the program was working as intended those serial offenders wouldn’t exist, and Davison’s initiative wouldn’t be necessary,” the blog post says. (All bolds in original).

This isn’t the first time Change Washington has encouraged people to flood officials’ emails and phone lines to support an agenda directly promoted by Deputy City Attorney Lindsay. Dann Mead Smith, who heads up Project 42, credited a post Lindsay wrote on Change Washington’s website with “stopping the proposal to do away with misdemeanor crimes in Seattle by activating its list of 35,000 subscribers and flooding the council with emails and comments.”

As we reported last week, Davison’s office sent a letter to all seven Seattle Municipal Court judges asking them to overrule the community court judge, Damon Shadid, who has been negotiating with Davison’s office over her demand to exclude people from community court who meet her “high utilizers” criteria. Community court is the municipal court’s therapeutic, less-punitive option for people accused of certain low-level, nonviolent misdemeanors.

Davison’s high-utilizers list (like similar lists Lindsay has made over the years, including the “high impact offenders” list that was the basis of KOMO News’ “Seattle Is Dying” video) is made up largely of people who are homeless and those who’ve been through court-ordered evaluations to determine their competency to stand trial. Or, as Change Washington puts it, people who are “not interested in living honest lives like the rest of us even when offered a helping hand to accomplish it.”

Change Washington headlines and stories about Ann Davison and her agenda

This isn’t the first time Change Washington has encouraged people to flood public officials’ emails and phone lines to support an agenda directly promoted by Lindsay. Dann Mead Smith, the former head of the libertarian Washington Policy Center who now heads up Project 42, credited a post Lindsay wrote on Change Washington’s website with “stopping the proposal to do away with misdemeanor crimes in Seattle by activating its list of 35,000 subscribers and flooding the council with emails and comments.” (That proposal would have allowed defendants to say they committed a crime, such as shoplifting, to meet a basic human need as part of their defense; it would not have “legalized” any crimes.) Project 42’s latest corporate filing indicates the group had revenues of more than $500,000 last year.

Change Washington’s post on community court lists all seven municipal court judges’ names along with a warning: “We won’t forget their names when they’re up for reelection. The time of judges flying under the radar with regards to criminal coddling and degrading the City’s public safety is coming to an end.”

It’s possible that conservative groups will recruit challengers for municipal court judges—the entire court is up for reelection, and has a history of liberal-conservative swings—but historically, most Seattle Municipal Court elections go uncontested and largely unnoticed amid higher-profile campaigns in Congressional election years.

2. Earlier this week, Seattle City Councilmember Sara Nelson said both Mayor Bruce Harrell and Senior Deputy Mayor Monisha Harrell had given her the “thumbs up” to propose a bill that would lift restrictions on $4.5 million of the Seattle Police Department’s 2022 budget, allowing SPD to spend the full amount, or any portion of it, on financial incentives to recruit new officers. Because we hadn’t heard anything about either Harrell explicitly supporting Nelson’s contentious proposal, we reached out to the mayor’s office to hear their version of the story.

According to a Harrell spokesman, Jamie Housen, both Harrells’ conversations with Nelson about hiring incentives took place “before this ordinance was even contemplated. Councilmember Nelson informed the mayor of her plan to sponsor a resolution in support of staffing bonuses, generally. The mayor let her know she was welcome to put it forward and that doing so would not create an issue with the Mayor’s Office,” Housen said.

“Similarly, when Councilmember Nelson asked to discuss police recruiting with Senior Deputy Mayor Harrell, the Senior Deputy Mayor encouraged her to explore potential solutions to SPD staffing challenges from the legislative level, which might include incentive pay or relocation costs as potential options.”

Herbold, who chairs the public safety committee, has proposed releasing $650,000 of the restricted money to pay for relocation expenses for officers moving to Seattle from out of town and to hire a professional recruiter for SPD.

New Councilmember Sara Nelson at Center of Debates Over Hiring Bonuses, Renter Relief, and Nonbinding Resolutions

1. At a meeting of the Seattle City Council’s public safety committee Tuesday, City Councilmember Sara Nelson continued to push for spending up to $4.5 million on hiring bonuses for new Seattle Police Department recruits and lateral hires. “We need to use every tool in our toolbox to accelerate the hiring of officers,” Nelson said. “If we don’t do this, what else are we going to do?” 

Nelson’s resolution states the council’s intent to lift a budget proviso, or restriction, the council imposed on SPD’s funding last year. That proviso stipulated that if SPD failed to meet its hiring goal of 125 new officers in 2022, they can’t spend the extra money until the council lifts the proviso and allocates the funds to a specific purpose. SPD now projects that it will hire around 98 new officers, leaving between $4.1 million and $4.5 million unspent. 

Although Nelson has proposed using the unspent money to pay bonuses to new recruits, the funds may be needed elsewhere. The city budget office has asked every city department to come up with potential cuts of between 3 and 6 percent of their budgets in anticipation of a budget gap of around $150 million next year. Unspent money from this year, including the $4.5 million left over from SPD’s 2022 hiring budget, could help fill that gap.

Just as debate on her hiring bonus resolution was wrapping up, Nelson attempted to walk on a last-minute addition to the committee agenda. The bill, which committee chair Lisa Herbold’s office confirmed she had not seen, proposed lifting the proviso on the $4.5 million to allow SPD to spend it on unspecified “staffing incentives,” including anything that “accelerates and prioritizes the hiring of police officers,” according to a draft of the bill.

Herbold attempted to cut Nelson off by closing debate, but Nelson interrupted, telling Herbold, “this should be the job of the public safety committee.” Although Herbold shut her down by moving on to the next item, the debate over hiring incentives isn’t over; in fact, Nelson has made it a cornerstone of her agenda, arguing that the only way to reduce crime and cut down on “addiction and overdoses” is to hire more police, and the best way to do that is through hiring bonuses. 

The city has consistently found that hiring incentives have no significant impact on the number of new officers SPD hires. Last month, the Seattle Department of Human Resources Department issued a memo concluding that a short-lived 2021 hiring bonus program had little impact on hiring, and an earlier report about a lengthier bonus program in 2019 found that only 18 percent of SPD applicants cited the potential bonus as one of the reasons they applied. 

Mayor Bruce Harrell has not requested funding for hiring bonuses.

A separate bill, sponsored by Herbold, would provide $650,000 out of the provisoed funds for two items the mayor’s office has requested: Reimbursement for moving expenses for new officers and a professional recruiter for the department.

Both Sara Nelson and Alex Pedersen left the online council meeting immediately before the vote—the equivalent of standing up in the middle of a council meeting and marching out of chambers

2. Less than two hours after the public safety meeting ended, Nelson raised objections to several bills on the full council’s afternoon agenda, including legislation updating the city’s renter protections to comply with state law, which she argued would hurt small landlords. (Even Alex Pedersen, who’s with Nelson on the “naturally occurring affordable housing” debate, voted for that one).

Nelson also objected to a nonbinding resolution by Councilmember Teresa Mosqueda condemning a federal pilot program critics call a first step toward privatizing Medicare. Accusing Mosqueda of “legislating by slogan,” Nelson she didn’t have enough information on how the pilot would affect “our constituents, and that’s who I represent—I don’t represent advocates or medical service providers.” 

Council members will soon take up legislation that will allow them to abstain from some resolutions that aren’t directly connected to city business, but for now, council rules require them to cast a vote. To avoid this, both Nelson and Pedersen left the online meeting immediately before the vote—the equivalent of standing up in the middle of a council meeting and marching out of chambers.

Although this action technically violates the council’s rules, violations are hard to enforce—back when council meetings happened in person, certain council members were notorious for taking bathroom breaks just before big, controversial votes. After the resolution passed 6-0 (with Kshama Sawant excused from the meeting), Councilmember Dan Strauss took a moment to thank a legislative aide who is leaving. “I’m sorry Councilmembers Nelson and Pedersen aren’t here to hear this,” Strauss said.

Councilmembers Say Better Rent Data Could Help Preserve “Mom-and-Pop,” “Naturally Occurring Affordable Housing”

 

Courtyard of the Pacific Apartments, an example City Councilmember Alex Pedersen cited of "naturally occurring affordable housing"
Courtyard of the Pacific Apartments, an example City Councilmember Alex Pedersen cited of “naturally occurring affordable housing”

By Erica C. Barnett

Until 2017, elected officials (and reporters) hoping to get a handle on the availability and cost of rental housing in Seattle relied on reports from a private company called Dupre+Scott, whose forecasts used cheeky videos and graphics to illustrate market predictions and trends. Since Dupre+Scott shut down, the city has relied on Census tract-level data to assess housing trends, including residential displacement—a blunt, high-level instrument that does not account for differences between adjacent neighborhoods that may be in the same Census tract.

Earlier this week, City Councilmember Alex Pedersen rolled out legislation that would require landlords to submit detailed information about their rental units—including the size of each unit, the rent they charge, and whether a unit is occupied or vacant—to a research university, such as the University of Washington, twice a year and to certify under the city’s Rental Registration and Inspection Ordinance (RRIO) that they have done so. The university would analyze the information and submit reports to the city, which would use them to “identify displacement risk” and “inform [the city’s] housing policy,” according to a staff report on the bill.

“My interest,” City Councilmember Sara Nelson continued, “is in making sure that we are not driving small landlords out of the market” by passing too many renter protections that impose new requirements on landlords, such as the “first in time” law that requires landlords to rent to the first qualified applicant.

The context for the proposal is the upcoming update of the city’s Comprehensive Plan, which provides the framework for all city decisions on land use and zoning. The comp plan, for example, could prescribe the creation of more neighborhood business districts, encourage zoning changes to add density in single-family areas, or require future land-use policies that encourage the use of nonmotorized transportation. Or it could encourage policies that protect existing rental units at the expense of new housing, preserve trees by maintaining Seattle’s ban on development in single-family areas, or require full infrastructure buildout (roads, sewers, transit service) before an area can be developed—a ’90s neighborhood planning concept known as “concurrency.”

Pedersen, who has been a vocal opponent of allowing more density outside existing urban villages, said the city needed more accurate rental information to determine where “naturally occurring affordable housing” exists and might be at risk of demolition if the city allows denser housing in more areas. “If additional land-use changes were pursued without first putting into effect displacement prevention laws,” Pedersen said, the city might end up adopting policies that lead to the demolition of “affordable, below-market rental housing on the Ave [in the University District] and throughout our city.” (Pedersen cited the Pacific Apartments, pictured above, as an example of naturally occurring affordable housing. Although the website for the building didn’t have any current listings, a 450-square-foot studio was listed at $1,200 last year).

“Naturally occurring affordable housing” generally refers to older units that cost less than newer housing nearby. Advocates for laws to protect this type of housing often refer to the “mom-and-pop landlords” who tend to own such older buildings, without regard for the specific challenges faced by renters who live in this kind of housing, which may be less well-maintained than professionally managed buildings.

Thanks to the rental registration ordinance, the city does have some general information about how many rental units are available each year. In 2020, according to the most recent RRIO report, the number of registered units in the city declined by about 14.4 percent, “but the total number of units stayed relatively stable with only a 0.65% decrease.”

“Are landlords selling because they don’t want to comply or because property values have gone through the roof and they can cash in on their property like never before? It’s totally their right and if they are selling their property, that’s their decision. But connecting it to increased renters rights is not appropriate.”—City Councilmember Kshama Sawant

Although the report notes that registrations may have declined for any number of reasons, including landlords not bothering to update their renewals during the pandemic, Councilmember Sara Nelson said the decline in registrations, combined with the relatively small decline in apartments on the market, “indicates to me that it is the small mom-and-pop landlords that are basically taking properties off the market.

“My interest,” Nelson continued, “is in making sure that we are not driving small landlords out of the market” by passing too many renter protections that impose new requirements on landlords, such as the “first in time” law that requires landlords to rent to the first qualified applicant.

Councilmember Kshama Sawant, who said she supported Pedersen’s legislation, pushed back at the idea that landlords were going out of business because of renter protections. “That is a claim by landlords,” she said. “Nobody else is claiming that. The reality is that property values are skyrocketing. Are landlords selling because they don’t want to comply or because property values have gone through the roof and they can cash in on their property like never before? It’s totally their right and if they are selling their property, that’s their decision. But connecting it to increased renters rights is not appropriate.”