Tag: Seattle Police Department

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

Report on SPD Destruction of DNA Evidence Reveals Serious Problems in Department’s Evidence Storage

SPD Evidence Storage Warehouse in January 2018

By Paul Kiefer

More than a year ago, the Seattle City Attorney’s Office (CAO) contacted the Seattle Police Department about a backlog of post-conviction DNA samples held in the department’s evidence warehouse. SPD had started storing DNA samples—each enclosed in a manila envelope and tagged with a case number—in their warehouse in 2016 as a temporary solution to an obscure glitch in state law.

Seattle law requires the city to collect DNA samples in a broader array of situations than state law requires. At the time, the Washington State Patrol wasn’t permitted to enter DNA samples collected from people convicted of certain crimes—particularly sex offenses—into the state’s DNA database, which is used to cross-reference DNA samples from crime scenes to identify suspects. To save the samples from the state patrol’s incinerator, SPD volunteered to store the existing samples beginning in 2016 while the legislature and city council resolved the issue.

By 2019, the state patrol was once again able to accept DNA samples from Seattle—the CAO only needed to gather the stored samples and hand them off to the state for processing and cataloging.

But when SPD’s evidence unit went looking through the warehouse, they discovered a problem: a year earlier, they had mistakenly destroyed 107 of the DNA samples, or 16 percent of the total samples in SPD’s storage, along with evidence from an unknown number of homicide investigations.

After their discovery, SPD contacted Seattle’s Office of the Investigator General (OIG) to review the policies and practices that led to the destruction of the DNA samples. The OIG’s final report on the incident, released in late December, revealed that the mistake was a symptom of much more widespread problems in SPD’s evidence collection, storage and disposal policies. That confluence of problems has left the department with a patchwork of evidence storage systems across its four precincts and a warehouse filled from floor to ceiling.

The evidence warehouse, tucked away on a side street in SoDo, has been a worsening headache for the department for nearly a decade. In November 2020, it was at 94 percent capacity. And even that was an improvement from three years earlier, when pallets of evidence stacked in the warehouse’s aisles prompted the Seattle fire marshal to find the building in violation of the city’s fire code. Some of that evidence may be significant for ongoing criminal investigations; in other cases (including homicide, sex offenses and stalking), the King County Prosecutor’s Office asks SPD to keep evidence after the conclusion of an investigation in case it becomes useful for prosecuting future crimes. But it also includes plenty of seized items that serve very little investigative purpose, including a fleet of bicycles that crowded the aisles alongside the pallets.

SPD doesn’t hold the precincts to any standard for evidence storage, leaving OIG auditors to discover that one precinct—which they left unnamed in the report—eschewed evidence lockers and security cameras in favor of a filing cabinet with no security cameras.

According to the members of SPD’s evidence unit cited in the report, one reason for the overcrowding is that some officers weren’t sufficiently trained on what to collect as physical evidence, as opposed to taking photographs or samples. The OIG report pointed to a shopping cart held at the warehouse as an example of evidence that could easily be replaced with a photograph to save space. Evidence unit staff also pointed out that officers and detectives themselves are responsible for determining which older evidence no longer needs to be in storage; because those officers and detectives rarely have time to revisit their old case files and fill out the paperwork to release or destroy evidence, the evidence unit couldn’t clear enough space to make way for new evidence.

But the fire code violation jolted the evidence unit into action. Under direction from the fire marshal to clear the warehouse’s aisles by February 2018, the evidence unit’s leadership directed staff to create a “batch list” of evidence related to cases from 2013 to 2016: a short list of stored items that the evidence unit thought it could destroy without undermining any ongoing criminal investigations. Facing a storage crisis, the evidence unit bypassed the requirement that detectives and officers sign off on the destruction of evidence; as a result, SPD detectives didn’t know that the evidence unit marked DNA samples related to their old case files for destruction. According to the OIG report, evidence unit staffers didn’t check SPD’s case file database, which would have shown them that the department was storing the DNA evidence for future processing.

The OIG also discovered that during the rush to clear space in the evidence warehouse, SPD’s evidence unit had also moved 92 pallets of evidence—much of it gathered by the homicide unit—to the adjacent vehicle storage garage.

Most of the destroyed DNA evidence came from people convicted of harassment, sexual exploitation and patronizing sex workers; a smaller amount was connected to people convicted of assault or stalking. SPD’s own auditing team also found that the purge had destroyed an unknown amount of evidence from “reasonably recent” homicide cases.

The OIG report, written by auditor Matt Miller, did not excoriate SPD’s evidence unit for their mistakes, though Miller did write in the report that even in a crisis, the unit should have “establish[ed] proper safeguards” to avoid carelessly destroying valuable evidence.

During its review of SPD evidence collection and storage practices, the OIG also visited the department’s five precincts, each of which has been storing evidence temporarily since 2019, when SPD adopted a new records-management system that requires a member of the evidence unit staff to physically place evidence in the warehouse. While officers used to deliver evidence to the warehouse themselves, they now have to store it in their precincts until a member of the evidence unit is available to pick it up; as a consequence, the precinct captains have each developed their own evidence storage areas. SPD doesn’t hold the precincts to any standard for evidence storage, leaving OIG auditors to discover that one precinct—which they left unnamed in the report—eschewed evidence lockers and security cameras in favor of a filing cabinet with no security cameras. Continue reading “Report on SPD Destruction of DNA Evidence Reveals Serious Problems in Department’s Evidence Storage”

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

By Paul Kiefer

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

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

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

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

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

Both officers under investigation by the OPA are SPOG members.

Anti-Development Group Dissolves, Green Lake Grinches Call for Sweeps, Impact of SPD Transfers Still Unknown, and More

No, I didn’t sign. Screenshot via change.org petition.

1. When Interim Seattle Police Chief Adrian Diaz announced in September that he would transfer 100 officers from the department’s specialized units to positions on patrol, Durkan spokesperson Kelsey Nyland told PubliCola that SPD would be “closely monitoring [case closure and workload] data for any potential negative impacts” of the transfers. At the time, the department didn’t specify when it would begin monitoring the effects of the staff transfers, which were completed on October 1.

According to SPD public affairs officer Valerie Carson, the department still hasn’t started tracking those effects. Instead, she told PubliCola, the department will start evaluating changes in specialized units’ workloads and case clearance rates in the new year. Carson said that the department chose not to start the assessments immediately after the transfers took effect to “ensure we are looking at true trends instead of spurious results from a few weeks of data.”

As PubliCola reported in September, the transfers did not shift officers away from the specialized units identified by the City Council for downsizing or elimination, which included the harbor patrol and the mounted unit. Instead, Diaz transferred officers from the department’s Community Policing Team, domestic violence unit, and intelligence unit. The transfers from the domestic violence unit—which effectively eliminated the team assigned to investigate elder abuse—sparked concerns within the King County Prosecutor’s Office and local domestic violence and elder abuse nonprofits, who argued that reducing the number of detectives investigating domestic and elder abuse could overwhelm the already-overworked specialized units and undermine the trust of survivors.

A random online petition demanding that the city uproot homeless people from a wealthy North End neighborhood might not be cause for concern, except that the last major sweep of a North End homeless encampment was preceded by a similar petition.

2. Happy new year—now get the hell out of “our” park.

That’s what a group of Green Lake grinches are saying to dozens of unsheltered people trying to survive the winter in tents around the popular park, via a petition demanding that the city “act now to protect people, parks, and our shared environment” by sweeping the area. The petition is sponsored by “We Heart Seattle” and several “save our parks”-type groups, as well as the Green Lake Community Council.

The petition language is a familiar combination of faux-environmentalist concern about feces contaminating the lake (described as one of “our most environmentally sensitive waterways”) and performative hand-wringing about the health and safety of the people sleeping in wretched conditions on its shores.

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.

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

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

/

Like previous petitions demanding sweeps, this one presents a clear moral choice: Allow people to live in (and ruin) a public park, or offer them access to the “thousands of clean, warm, and hygienic indoor spaces [that] are available in King County.” This is not actually an option. There are, certainly, more than a thousand shelter beds in Seattle, but all but a handful are currently occupied; they aren’t just sitting vacant, waiting for recalcitrant homeless people to agree to occupy them.

The document also asserts, fancifully, that there are “thousands” of properties in King County where it would be simple to set up new “tiny home villages, Pallet shelters, and sanctioned tent communities.” In reality, these options are expensive and can take months to site and open, thanks largely to neighborhood opposition from groups like the ones sponsoring the petition.

A random online petition demanding that the city uproot homeless people from a wealthy North End neighborhood might not be cause for concern, except that the last major sweep of a North End homeless encampment was preceded by a similar petition. (The more recent removal of tents from Cal Anderson Park on Capitol Hill was sui generis and hard to untangle from the park’s status as a long-term protest zone). In May, the city’s Navigation Team removed a large encampment from the Ballard Commons after neighborhood residents circulated a petition that allowing people to live in the park was inhumane and created an environmental hazard. Since then, the tents have returned, and nearby encampments have continued to grow.

The Seattle Coalition for Affordability, Livability, and Equity (SCALE), a group of single-family housing advocates that spent years fighting against modest density increases in and around Seattle’s densest neighborhoods, has disbanded.

3. One thing the “plenty of shelter” crowd may not realize, in addition to the negligible nightly vacancy rate, is that there are currently no low-barrier shelters in Seattle where adults can walk up, wait in line, and get a bed for the night. The last such shelter, a Salvation Army-run coed basic shelter at City Hall, closed late last year after being partly redistributed to Fisher Pavilion, at Seattle Center. Both the City Hall and Fisher shelters were replaced by a 24/7 enhanced shelter in SoDo, which requires pre-registration and is not currently taking referrals.

The city has no plans to reopen either location on a long-term basis—partly because shelter providers are stretched thin already, and partly because they want to keep both sites available in case they need to open emergency winter shelters. Except in unusually cold or snowy years (like the winter of 2017-2018, it’s rare for the city to provide people a place to go specifically to escape winter weather, by design: The city’s winter-shelter protocols, which haven’t been updated in nearly 20 years, call for opening emergency shelters only if the weather dips below 25 degrees for multiple nights, or if there is snow accumulation of more than an inch. Continue reading “Anti-Development Group Dissolves, Green Lake Grinches Call for Sweeps, Impact of SPD Transfers Still Unknown, and More”

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”

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

By Paul Kiefer

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

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

Police Shootings

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

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

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

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

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

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

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.

The Seattle Police Contract

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

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

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

Seattle Seeks Reversal of Contempt Order in “Less-Lethal” Weapons Case

By Paul Kiefer

On Monday, the office of city attorney Pete Holmes asked Federal District Court Judge Richard Jones to reverse his December 7 ruling that the city acted in contempt of a court order restricting the Seattle Police Department’s use of force at protests. In a motion filed with the Federal District Court of Western Washington, Holmes argued that Jones’ initial ruling held the city to an unreasonable standard for compliance with the court’s orders, and that the court lacked strong evidence to support the contempt ruling.

Judge Jones’ ruling was the result of a lawsuit filed in late September by a group of plaintiffs, chiefly Black Lives Matter Seattle-King County (BLMSKC), who alleged that SPD had failed to rein in its officers’ use of “less-lethal” weapons—particularly blast balls—at protests in the late summer and early fall. Specifically, the plaintiffs accused SPD of violating an injunction Judge Jones issued in July restricting officers’ use of force against peaceful demonstrators, journalists and legal observers.

In his December 7 decision, Jones didn’t accept the plaintiffs’ arguments outright, but he ruled that four clear instances in which SPD officers violated his injunction by using weapons such as blast balls “indiscriminately” against protesters was enough to place the city in contempt. Jones also noted in his ruling that these four documented cases were probably not the extent of SPD’s violations of his orders.

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.

After Judge Jones ruled the city in contempt, the court gave BLMSKC and the other plaintiffs four days to propose sanctions for the city. Their proposals were mild: the plaintiffs suggested that the court require the city to distribute copies of Judge Jones’ December 7th opinion to all SPD officers, “accompanied by clear instructions about what conduct is prohibited”; send use-of-force reports to the plaintiffs within five days of any incident in which SPD uses less-lethal weapons against protesters; and pay the plaintiffs’ attorney fees, which totaled $263,708.

Continue reading “Seattle Seeks Reversal of Contempt Order in “Less-Lethal” Weapons Case”

Community Police Commission Questions Proposed SPD Policy Changes

 

A commercially available pepper-ball launcher, one of the “less lethal” weapons SPD wants to use for crowd control. Image via Amazon.

By Paul Kiefer

Members of Seattle’s Community Police Commission (CPC), one of three city-level police accountability bodies, expected to spend an hour of their Wednesday morning meeting asking questions of Seattle Police Department Assistant Chief Lesley Cordner, who appeared at their last meeting to present an array of changes the department has proposed for its crowd management and use-of-force policies. Those proposed changes include the creation of a special team to investigate use of force at protests and allowing officers to use pepper-ball launchers to target individual protesters they believe are breaking the law as an alternative to blast balls, which can hurt protesters standing nearby.

But Cordner’s second appearance before the CPC did not go as planned; in fact, she didn’t appear at all. Instead, a post appeared on SPD’s Blotter blog on Wednesday night inviting questions and suggestions from the public about the proposed revisions.

SPD first announced plans to revamp some of its policies in a blog post in late October, responding to both public criticism of the department’s response to Black Lives Matter protests and recommendations from the city’s police oversight agencies, including the CPC. In that post, SPD said the policy changes are intended to reduce the visible police presence at protests “when safe and feasible”; to ensure that journalists, legal observers and medics can work freely during protests; to prioritize de-escalation; and to create “new strategies to address individuals taking unlawful actions in otherwise lawful crowds.” The post also claimed that the department had already made “significant changes” to their crowd management tactics; the policy revisions would theoretically cement those changes.

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.

Any proposed revisions to SPD’s policies have to undergo a review and revision process that involves the CPC and other oversight bodies, namely the Office of Police Accountability, the Office of the Inspector General, and the Department of Justice, which oversees reforms at SPD through an arrangement called a consent decree. SPD didn’t share the draft policy revisions with the CPC until shortly before Cordner’s introductory presentation at their meeting on December 2, so commissioners sent a list of questions about the policy to SPD on Tuesday, December 15, in advance of Cordner’s scheduled appearance the following day.

The questions were uniformly critical of SPD’s proposed policy changes. Commissioners saw little overlap between SPD’s proposals and the list of policy recommendations they issued in August. One of the questions pointed out that the revised policies would still allow SPD to use blast balls, which the CPC has pressed the department to abandon since 2016. Another noted that the revisions would actually add a weapon—a pepper-ball launcher, which is akin to a paintball gun—to SPD’s arsenal instead of removing weapons. (SPD told PubliCola on Thursday that some specialty units were already allowed to use pepper-ball launchers; the new policy would only expand the number of officers authorized to use them). A third asked why the revised policies didn’t raise the requirements for SPD to issue a dispersal order at protests, despite both the CPC and OIG raising concerns about unreasonable dispersal orders since last summer. Continue reading “Community Police Commission Questions Proposed SPD Policy Changes”

Election Speculation, Sweep Scheduled for Cal Anderson Park, and Sad News at the Seattle Indian Center

1. As speculation ramps up over who will jump into the race for mayor next year, a number of good and not-so-good rumors have come across Fizz’s radar. Here’s a look at the list of potential and supposedly potential candidates, in what we believe is the current general order of likelihood.

Decent Bets

City council president Lorena González. (González didn’t respond to a text sent last week but her name was on the shortlist of candidates even before Mayor Jenny Durkan announced she wasn’t running for reelection.

Deputy Mayor Casey Sixkiller. (Asked if he’s running, Sixkiller—who helped craft a compromise homelessness plan for 2021—responded, “Since the Mayor’s announcement last week I, like many others, have started thinking about the various ways I can contribute to the City and its future. But for now I’m focused on the important work of advancing Mayor Durkan’s agenda while overseeing a number of the City’s daily operations and engaging with our residents and businesses about ways we can support them as part of the City’s ongoing response to COVID-19.”)

Former mayoral candidate and state legislator and current Civic Ventures staffer Jessyn Farrell. (Farrell did not respond to a request for comment).

Former state legislator and current Grist executive Editor Brady Walkinshaw. (Walkinshaw did respond, but didn’t say whether he’s thinking of running.)

Chief Seattle Club director Colleen Echohawk didn’t respond to our email but has reportedly been talking with consultants.

Unlikely

Council member Teresa Mosqueda, who would not confirm anything specific, was reportedly wavering on whether to run for reelection to her current seat this year, much less run for mayor. Word is that she has decided to run for a second term.

Scott Lindsay, the former Ed Murray advisor who now writes reports calling for a crackdown on homeless people in public spaces, has been making a lot of public appearances lately (most recently on KOMO 4’s second installment of the “Seattle Is Dying” propaganda series), but he says he’s “still looking” for “a ‘back-to-basics’ Obama-Democrat candidate who has a serious plan to address our city’s homelessness and public safety challenges” to emerge. “[S]adly, it’s a tough political environment for anyone to want to throw their hat in the ring,” Lindsay said.

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.

Not Gonna Happen

A grab bag of names are on this list, including people who are unlikely to run and a number who said explicitly that they aren’t running. Deputy mayor Mike Fong and former council member (and, briefly, mayor) Bruce Harrell are on this list, along with former council member/mayor Tim Burgess (who told us he isn’t running, and that “it’s time for younger leaders to emerge”), county executive Dow Constantine (who just announced his bid for reelection and told employees of the county’s executive department last week unequivocally that he isn’t running), and United Way of King County director Gordon McHenry.
McHenry’s name has been floating around for the past week or so, but United Way King County spokesman Cesar Canizales told PubliCola, “Gordon is not running for public office. He is committed to the United Way of King County’s mission and he has no intention of running for public office whatsoever. He has given us 100% assurance, unequivocally that he’s not running.”

2. Several dozen people living in tents at Cal Anderson Park on Capitol Hill got notice this week that the city plans to clear the park on Wednesday morning, in preparation for the “reopening” of the park. Cal Anderson has been at the center of protests against police violence since June. Seattle Police Department officers have cleared the park several times before—including in August, when several activists occupied the shelter house in the middle of the park—but this is the first time campers have received prior notice, according to an encampment resident.

“They have never given us notice before—they’ve just sort of shown up at five or six in the morning and announced it,” the resident, who said their name was Mud, said. “They don’t like us to be prepared, and I don’t know how they do it, but they usually catch us when our guard is down.”

It’s also the first time, to PubliCola’s knowledge, that the city has orchestrated an encampment removal during the pandemic without the Navigation Team, a group of police officers and social workers who were responsible for removing encampments until earlier this year. The city council disbanded the team as part of the 2020 budget rebalancing package in August. The Parks Department, which already has the authority to remove encampments on its own, plans to orchestrate this one with backup from SPD. 

The city has mostly suspended encampment sweeps this year in light of an explicit CDC recommendation that cities allow unsheltered people to “remain where they are” to prevent the spread of COVID.

The Parks Department says they need to remove the encampment to reopen and reactivate the park, with programming that will include “music, art, community volunteer events, and ongoing offering of social service supports to those in need,” according to a spokeswoman for the department. Continue reading “Election Speculation, Sweep Scheduled for Cal Anderson Park, and Sad News at the Seattle Indian Center”

Council Plans Police Budget Cuts, Parks Board Debates Encampment Sweeps

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

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

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

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

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

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

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

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

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.

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

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

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