Tag: Seattle Police Department

“Out-of-Order” Layoffs at Center of Police Defunding Debate

Seattle police chief Carmen Best

By Paul Kiefer

For the past several weeks, Mayor Jenny Durkan and Seattle Police Chief Carmen Best have argued that the City Council’s plan to reduce SPD’s budget through targeted layoffs would be infeasible and potentially illegal. Council members say that isn’t true, and argue that the mayor and police chief are digging in their heels because they don’t want to do any layoffs at all.

The council’s proposal would use a series of provisos (legally binding restrictions on spending) to eliminate 70 sworn staff, although the council assumes some of this reduction would be through higher-than-normal attrition. The cuts would come both from specific areas—such the elimination of the Navigation Team—and SPD’s general budget. Council members have suggested that the police department prioritize officers with multiple sustained misconduct complaints when making discretionary layoffs.

The mayor and police chief have said labor rules require SPD to lay off its newest hires first. Those rules are the purview of the Public Safety Civil Service Commission (PSCSC): a three-member quasi-judicial body with one member appointed by the council, another by the mayor, and a third elected by the city’s civil service employees.

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Implementing the PSCSC rules as written would require laying off the youngest, most diverse group of recruits in SPD’s history—a group, Durkan said during a press conference Wednesday, who “joined the force knowing that [SPD was] under federal oversight” and are therefore “committed to reform.”  Conversely, doing layoffs out of order would require eliminating the jobs of more white men—a move that Durkan and Best argue could constitute racial discrimination against white officers.

“You can’t make layoffs based on race,” Chief Best said during a press conference Thursday. “I think the [council’s] request would be to skip over some folks in order to retain people based on race and I don’t think that’s allowable.”

“The executive and council should work together to figure out how to use it to meet our shared objectives, and we should not start with the supposition that a rule that exists to be used can’t be used.”—Seattle City Council member Lisa Herbold

Best isn’t alone in this concern. In a council discussion of the proposal late last month, council member Debora Juarez said out-of-order layoffs could constitute “discrimination based on age and sex” and a violation of the 14th amendment. “The means doesn’t always justify the ends if it’s illegal,” Juarez said.

Council member Lisa Herbold, who chairs the council’s public safety committee, and the other council members who support the proposed cuts, are counting on a rarely (if ever)-used clause in the PSCSC’s rules that allows the police chief to request the permission of the PSCSC director for out-of-order layoffs if they would serve the “efficient operation” of the department.

The problem, according to a letter that Office of Labor Relations director Bobby Humes sent to Durkan’s office on Tuesday, is that “[t]his rule has never before been cited or tested, and there is no definition of what the ‘efficient’ operation of the department looks like.”

However, it’s unclear that it’s true that the rule hasn’t been tested; on Wednesday, for example, Durkan said the rule has “historically been used” for individual layoffs. And Durkan’s assertion that Best would “have to justify every single” request for an out-of-order layoff is somewhat at odds with Humes’ memo, which only mentions a possibility that Best may have to justify each individual layoff.

“The [council’s] request would be to skip over some folks in order to retain people based on race and I don’t think that’s allowable.”—Seattle Police Chief Carmen Best


A memo explaining the mayor’s position on out-of-order layoffs distributed to members of the media this week does not list legal precedents to back her statement that out-of-order layoffs would need to be argued individually.

In a press conference with council president Lorena Gonzalez and council member Tammy Morales on Thursday, Herbold responded to some of the mayor and police chief’s claims, starting with Durkan’s claims that out-of-order layoffs are impossible. “The rule exists, and thus it can be used,” said Herbold. “The executive and council should work together to figure out how to use it to meet our shared objectives, and we should not start with the supposition that a rule that exists to be used can’t be used.”

Herbold added that she and her colleagues hope to collaborate with Best to craft the requests for out-of-order layoffs to be sent to PSCSC Director Laura Scheele. The question now, according to Herbold, “is whether [Best] will work with us in developing a request… that has the best chance to preserve the diversity of the police department in a way that is constitutional, legal according to labor law, does not choose layoffs by race, and preserves the efficient functioning of the department as the rule itself requires.”

Best has not yet said whether she would be willing to bring a request for out-of-order layoffs to the PSCSC. At Thursday’s press conference, she said that the council had not asked her to sit down with them (although the council has talked to other members of SPD’s command staff), and said “it definitely feels very personal to me.”

Herbold and her colleagues are still working with the city’s law department to review their options for arguing that out-of-order layoffs serve the “efficient operation” of SPD. She says one of the council’s proposed strategies– targeting officers with extensive records of complaints – would be based on the argument that the time and resources spent processing complaints, disciplinary actions, and appeals undermine the department’s efficiency. However, Herbold acknowledged that the council will have to grapple with the possibility that their strategy will be challenged on the grounds that it involves punishing officers twice for the same offense, which could be illegal.

At the front of Herbold’s mind, however, is convincing Best to bring requests for out-of-order layoffs to PSCSC Director Laura Scheele. “She’s the one who has to make the argument,” says Herbold. “She runs the department, so she’s best placed to make the argument.”

The Council Just Created a Blueprint for Defunding the Police, but Mayor Durkan Isn’t On Board

By Erica C. Barnett

This piece originally appeared at the South Seattle Emerald.

The city council’s budget committee approved package of cuts to the Seattle Police Department budget that would reduce the department’s size by about $3 million, representing around 100 positions, this year;, remove police from the Navigation Team, which removes unauthorized homeless encampments; and start the city on a path to fund new approaches to public safety that don’t involved armed officers. Most of the proposals aren’t direct budget cuts—which the mayor could simply ignore—but budget provisos, which bar the executive branch from spending money in a way other than how the council prescribes.

The council also voted narrowly to dismantle the Navigation Team itself, by laying off or transferring not just the 14 police officers on the team but the system navigators, field coordinators, and other civilian staff who do outreach to encampment residents and remove litter, sharps, and debris. (Those positions would be replaced by contracted service providers, which is how encampment outreach worked before the city brought it in-house last year). And they agreed in principle to $17 million in funding for community organizations, including $3 million to start a participatory budgeting process for 2021. 

Other cuts would eliminate the mounted patrol, cut SPD’s travel budget, eliminate the school resource officer program, and reduce the size of the public affairs department. Some of the 2020 reductions would be achieved be through attrition—eliminating vacant positions or not filling positions when officers leave.

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Another amendment, adopted 5-4, would reduce this year’s pay for SPD’s 13 command staff to the lowest rate allowed in their designated pay bands, a cut that would save around half a million dollars between September and the end of the year, according to sponsor Kshama Sawant. If the cuts were annualized, they would reduce the command staff’s pay by an average of $115,000 a year; police chief Carmen Best, who makes almost $300,000 a year, would see her salary cut to $171,000,.

In response to the council’s vote, a spokesperson for Mayor Jenny Durkan called the council’s proposal “unattainable and unworkable.”

“[With] a few hours’ discussion and without consulting the Chief of Police, City Council has voted to reduce the police force by 105 this year, cut the Chief’s salary by 40 percent, and eliminate the City’s team of specially trained social workers that conduct outreach and address encampments and RVs that pose significant public health and safety concerns,” the spokesperson said. 

The council is assuming that layoffs would have to be bargained with the police union and couldn’t occur until at least November, so the savings from cuts would work out to a higher dollar amount next year, when they would, in theory, be annualized. According to council budget chair Teresa Mosqueda, the cuts and transfers the council is proposing this year would amount to about $170 million in 2021, or about 41 percent of the police department’s budget.

“[With] a few hours’ discussion and without consulting the Chief of Police, City Council has voted to reduce the police force by 105 this year, cut the Chief’s salary by 40 percent, and eliminate the City’s team of specially trained social workers that conduct outreach and address encampments and RVs that pose significant public health and safety concerns.”—Statement from Mayor Jenny Durkan’s office

Taken together, the council’s amendments lay out a path forward for future cuts, and a commitment to reinvesting programs guided by the principles of community groups like the Decriminalize Seattle coalition. It’s important to know, however, that while the council can tell the mayor how it wants her to spend the budget, she is generally free to ignore their direction. (See, for example, the administration’s reluctance to expand the Law Enforcement Assisted Diversion program to provide hotel rooms and assistance to people living outdoors during the pandemic, or to pay for mobile showers for which funding was allocated last November)

In acknowledgement of this power differential—and the fact that labor negotiations may take longer than three months—each of the provisos includes a caveat ensuring that officers will still get paid if the city fails to reach agreement on specific layoffs by November, when the council majority wants the cuts to go into effect. “In every single one of the provisos that reduce spending … the council acknowledges that the chief may realize reductions differently than what the council is proposing,” public safety committee chair Lisa Herbold said. “These provisos are our recommendation for how to achieve the reductions based on the advice that we’ve received that make it more likely that we will be successful in bargaining.”

Across administrations, mayors and councils tend to bicker along predictable lines: The executive branch dismisses the council as ill-informed and naive, while the council accuses the mayor of obstructing progress and ignoring their directives. But the enmity between the two co-equal branches has reached a level under Durkan that many longtime city hall staffers call unprecedented.

Yesterday, for example, Durkan and Best called a press conference to condemn the council’s proposals, one of several they’ve held throughout the council’s budget process. During their prepared remarks, the mayor and chief suggested that cutting the police department would create a “gap in service” for people calling to report major crimes like burglaries and rapes, and accused council members of wanting to lay off officers “by race” because the usual order of layoffs would mean cutting the newest, most diverse cohorts of officers first.

“The mayor does not agree with the city council and a majority of the people of Seattle who believe that we need to substantially reduce the size and scope of the police department, and as a result she is spreading misinformation and fear about what the council intends to do in order to undermine our genuine efforts to transform comm safety in our city.”—Council president Lorena González

The council maintains that the police chief could go to the Public Safety Civil Service Commission to request out-of-order layoffs, but the mayor has argued this wouldn’t be practical on a mass scale. “For over a month, the Chief and Mayor have received guidance from labor relations and law that out-of-order layoffs are unlikely to be finalized in 2020, and will therefore not result in 2020 budget reductions,” the mayor’s spokesperson said.

Council president Lorena González said today that she was “disappointed” that “our labor relations division, which lives in the executive department, [is being] utilized in a politically motivated fashion to advance the goal of never seeing layoffs of badge and gun jobs at the Seattle Police Department.” González suggested the real issue is that Durkan “does not agree with the city council and a majority of the people of Seattle who believe that we need to substantially reduce the size and scope of the police department, and as a result she is spreading misinformation and fear about what the council intends to do in order to undermine our genuine efforts to transform comm safety in our city.”

The council’s unanimous vote for one of the most impactful pieces of defunding legislation—an amendment directing the chief to issue “immediately issue layoff notices” to 32 sworn officers—can be seen as an effort to show a unified front. Or it could be a sign that the often-divided council is in genuine agreement on an approach to defunding SPD. Some of the most surprising remarks this afternoon came from council member Alex Pedersen, whose house has been targeted by protesters urging him to support the goal of defunding SPD by 50 percent. Addressing police officers directly, Pedersen said, “I appreciate the good work so many of you do. At the same time, you’re asked to do too much. You’re sent into complex situations that other professionals in our community might be better equipped to handle.

“You’re also part of a system born out of racism,” Pedersen continued, “and despite progress and reforms, that institutional racism of police departments here and across the nation continues to have a disproportionate negative impact on people of color. By rethinking what public safety really means, by centering Black and Indigenous people and people of color, by taking a thoughtful approach, we can seize this historic opportunity to disrupt institutional racism and achieve real community safety.”

Durkan, Best Decry Council’s Proposed SPD Budget Cuts as Too Fast, “Wrong Year”

By Paul Kiefer

In a joint press conference Tuesday afternoon, Mayor Jenny Durkan responded to the City Council’s proposal to cut the Seattle Police Department’s remaining 2020 budget by about $3 million with backhanded praise, saying the council was “looking in the right places but in the wrong year.”

The majority of the council, with the exception of Kshama Sawant, has united around a plan that would cut 100 positions from SPD’s budget, relying on a combination of attrition and layoffs that would, if all goes according to schedule, start in November. The midyear budget discussions were sparked by an unanticipated 2020 budget shortfall of more than $300 million.

In her remarks, Durkan emphasized that any major reforms to SPD will take a year or more to implement because of the combined challenges of the pandemic, the West Seattle Bridge closure and (ironically) months of protests. “2020 is not the best playing field to discuss further reductions to SPD and reinvestment in community,” Durkan said.

The proposed layoffs, though they would only amount to about half the cuts, have been a point of contention for Best and Durkan, who maintain the council has no legal authority to propose “out of order” layoffs of more-senior officers.

Ordinarily, the least-senior police officers are subject to layoffs first. But this, Durkan and Best said, would “gut” the most diverse group of officers in SPD’s history and reverse progress on improving the diversity of the police department. (Best characterized this possibility as the council proposing “layoffs based on race.”) To get around this problem, the council has proposed “out of order” layoffs targeting officers doing functions the council wants to reduce or eliminate, like SWAT and the Navigation Team.

According to Durkan, while a Public Safety Civil Service Commission (PSCSC) rule allowing the police chief to request out-of-order layoffs has been used in the past for individual cases, doing so on the scale suggested by the city council would require Chief Best to “justify every single decision,” which would draw out the layoff process well past the end of the year. I have followed up with the mayor’s office for clarification about the legal reasoning behind this claim.

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Best also criticized the council for proposing that her department lay off dozens of officers “basically overnight,” arguing that there would be a “service gap” while the city researches and organizes alternative emergency response teams. This gap could mean, she claimed, that when someone called 911 at midnight to report a rape or robbery in process, an officer might not be able to respond right away. None of the specific positions the council has proposed cutting are patrol officers who respond to 911 calls.

Durkan and Best did not accurately characterize several of the council’s other proposals, including their plan to civilianize data-driven policing by transferring this division—which analyzes policing data and makes much of it available to the public— from SPD to the Department of Finance and Administrative Services (FAS). Although the council has said they proposed the move to put police data in more objective civilian hands, Best said the council believed that “we would be better off as a police department if we do not use data.”

In another instance, Best said the council’s proposed layoffs would completely eliminate SPD’s public affairs unit, forcing the media to submit all questions to the separate public records division. In fact, although one council amendment would result in the layoffs of all four sworn staff in the department’s Public Affairs Unit, that proviso would not affect the unit’s civilian staff, who also respond to press questions.

Similarly, Mayor Durkan accused the council of proposing the complete elimination of implicit bias training from the department. In reality, the council’s proposal would withhold funding for implicit bias trainings “until the Executive submits a report describing the effectiveness of shifting officer behavior through implicit bias trainings,” and would direct the department to look into online trainings as a cheaper option. 

Durkan has already proposed $76 million in cuts to SPD budget in 2021, but most of those savings would result from transferring some functions, like the 911 call center and the Office of Police Accountability, out of SPD. Only $20 million would come from cuts to the SPD budget, mostly through attrition, leaving positions vacant, and cutting the budget for security at special events.

The council will take up the budget proposals—including council member Kshama Sawant’s competing package, which calls for much deeper and more immediate cuts—tomorrow morning at 10am.

 

Poll: Most Seattle Voters Support Police Defunding

A poll conducted by EMC Research found that a slight majority of likely voters in the upcoming mayoral election support the concept of defunding the Seattle Police Department, although they were divided on how fast and how to make that happen.

The live phone poll, taken between July 22 and July 27, found that 53 percent of likely voters supported the general idea of a plan that would “permanently cut the Seattle Police Department’s budget by 50% and shift that money to social services and community-based programs,” with 36 percent saying they strongly support such a plan. Forty-five percent said they opposed the idea, with 29 percent strongly opposed.

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By wide margins, poll respondents said they trusted Seattle Police Chief Carmen Best over any Seattle elected official, or the “Defund the Police movement,” to make “fundamental changes to SPD while protecting public safety”—61 percent said they trusted Best, compared to 49 percent who said they trusted Mayor Jenny Durkan and 47 percent who said they trusted the City Council or the defunding movement. Interestingly, just 42 percent said they trusted “the Seattle Police Department,” as opposed to Best, to make fundamental changes to SPD.

Researchers also polled people on two messages, one ostensibly representing the perspective of the city council and one ostensibly representing the perspective of the mayor, as well as a third message of general opposition to any cuts to SPD at all. Based on the wording of those messages, people were more likely to agree with the mayor’s purported point of view (“the city council is rushing ahead without any concrete plans”) than the council’s (“he only way to create meaningful change is to dismantle and rebuild SPD from the ground up.”)

However, both statements are misleading in ways that could make people more likely to side with the mayor’s go-slow point of view. The council has not actually proposed cutting the police department in half right away, as the question implies (nor would this be possible, given bargaining requirements and the federal consent decree), nor does the mayor’s current plan propose “fund[ing] alternative approaches to policing including social services and community-based programs.” Instead, the cuts the mayor has proposed would either be on-paper shifts of responsibilities to other departments or savings that would be used to help plug an immediate $300-million-plus budget hole.

I’ve asked EMC to provide more information about the poll, including any additional questions that weren’t included in their nine-page presentation, and will update this post if I hear back.

A separate poll earlier this month, conducted by Patinkin Research on behalf of UFCW Local 21, found that Durkan had a net favorability rating (the difference between the percentage of voters with favorable and unfavorable opinions) of 5 percent, and compared that number unfavorably to an EMC poll from 2018 that showed Durkan with net favorability rating of 38 percent. Since polls of different groups of voters by different firms are not directly comparable, additional information from EMC could shed light on how voters view the mayor now compared to two years ago.

Does the City Council Want to “Fire Half the Police Department Overnight”? Fact-Checking the Mayor and Police Chief’s Claims

This piece originally appeared at the South Seattle Emerald.

After announcing proposals to shift 911 dispatch, the Office of Emergency Management, parking enforcement, and the Office of Police Accountability away from the Seattle Police Department Monday morning, Mayor Jenny Durkan delivered a fiery broadside against the city council, accusing them of proposing an ill-considered plan to slash police spending without giving any consideration to what comes next. Durkan, up for reelection next year, was in full campaign-speech mode, positioning herself as the lone adult among squalling children.

“Seven out of nine council members committed to cutting the Seattle Police Department’s budget by 50 percent without a plan,” Durkan said. “This is simply not responsible. You can’t govern by Twitter or bumper sticker.” Later, Durkan accused the council of making the “arbitrary” decision to “just cut 50 percent because that’s what people put on a placard.” Police Chief Carmen Best piled on, accusing the council of wanting to eliminate the jobs of half the police department this year.

But is that narrative accurate? And is it fair of the mayor to suggest that the council went to a demonstration and was convinced to cut half the police department by a protest sign? Here are some of the primary factual claims the mayor and police chief made to reporters and the public on Monday morning, and an assessment of their accuracy.

Claim #1: The city council has made “made the arbitrary decision to defund the Seattle Police Department by 50 percent this year in 2020 and 50 percent next year” without any plan or consideration of the impacts such a “blunt cut” would have on the city’s ability to respond to crime and other emergency calls. “The city council decided in the space of hours … that they were going to cut the police department by 50 percent,” Durkan said Monday.

The seven council members who committed to making significant cuts to the police department all made slightly different statements, so it’s difficult to generalize about what each of them, individually, believe.

However, the one thing that was unambiguous during last week’s budget meeting was that in 2020, the council intends to cut not 50 percent of the total police department budget (a scenario Durkan has used to suggest the council would immediately shut down the entire police department as soon as the budget passes in August, since half the money for 2020 has theoretically been spent) but half of the budget that will remain for the last four months of the year, or about $65 million over the $20 million in cuts the mayor’s office has already proposed.

Council budget committee chair Teresa Mosqueda said as much last Wednesday, as has public safety committee chair Lisa Herbold, who also emphasized that she supports cutting the remaining police budget over a four-month period, not all at once.

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Jackie Vaughn, an organizer with Decriminalize Seattle, which is working with the council to come up with a detailed plan for replacing some police functions with community-based organizations, said, “This scale-down of police will happen in a phased way, [and] the corresponding scale-up of community-based organizations would happen at the same time,” also “in a phased way, starting this year to prepare us for 2021.”

And council member Dan Strauss, who has said he supports eventual cuts of around 50 percent, called it “a false narrative to say that these approaches will not work and cannot work because they are not ready to [start] today. … The worst thing we can do is give organizations the responsibility of responding [to calls for service] without giving then the time they need to be successful.”

Like Durkan, who noted that her own proposal to cut the department by a total of 5 percent this year came about “in three weeks,” the council plans to come up with a plan to reallocate police dollars on a short timeline, but the cuts themselves will be phased in starting in September.

Moreover, since cuts that will involve actual layoffs will require a separate bargaining process with the Seattle Police Officers Guild (and some of the proposed changes will require approval by the court monitor overseeing the federal consent decree over the department), it’s possible, perhaps likely, that the biggest changes will be pushed back to the end of the year, possibly beyond. What the council is proposing is an acceleration, not an immediate, wholesale gutting of the department.

Claim #2: Cutting the police department means cutting cops… or perhaps an entire police precinct… or possibly no longer responding to 911 calls.

Durkan and Best have repeatedly made the alarmist claim that a 50 percent reduction to the police department’s budget would require them to “fir[e] half the police department overnight,” as Best put it Monday. At the press conference, Best said she wanted to “thank our officers for continuing to answer calls, running into the face of danger to offer aid, all while hearing a political conversation that half of them aren’t needed.” Best explained that “our budget is almost entirely personnel,” so cutting police would mean cutting an equivalent number of jobs.

The police department’s budget is actually 75 percent personnel; it has also grown tremendously over the years, usually outpacing the growth of the city budget as a whole. As Kevin Schofield of SCC Insight has demonstrated, the lion’s share of this growth has come not from adding officers but from salaries that have ballooned well beyond the average salary in Seattle, even before overtime is factored in. Simply eliminating overtime (such as the $6.3 million officers were paid for guarding the East Precinct like a citadel under siege during recent Hill protests) would reduce the department’s annual budget by more than $30 million.

As for the department being forced to “quit responding to 911 calls,” as Durkan put it, or eliminating the entire Southwest police precinct… Neither activists nor the council have proposed eliminating the 911 system. (Decriminalize Seattle’s plan, for example, calls for phasing in the replacement of 911 operators with civilian dispatchers.) And as Herbold pointed out during the city council briefing on Monday, the mayor and police chief do not have the authority to shut down a police precinct; only the council can make that kind of decision.

Claim #3: The city of Seattle has already taken the steps to “rethink policing” that other cities are just beginning to consider, so there’s no reason to make radical changes.

“We have done so much of what is being called for nationally. We’re already there,” Best said. Durkan said people pointing to Camden, NJ, which dismantled its police force seven years ago, as a model for the future of policing in America have “misunderstood” what happened there. After reassessing a costly and often violent force, Camden did “the things that we’ve been doing in the last 10 years in Seattle— deescalation training, outreach, mental health interventions.” In Minneapolis, where George Floyd’s murder sparked similar calls to disband the police, “all the things that they are [proposing], we have already done,” Durkan said. “The Seattle Police Department’s deescalation training is literally the model for the nation.” Continue reading “Does the City Council Want to “Fire Half the Police Department Overnight”? Fact-Checking the Mayor and Police Chief’s Claims”

Mayor’s Office: Cutting Police by 50% This Year Would “Require the City to Abolish the Department”

On Wednesday morning, just before the council discussed options for cutting the Seattle Police Department budget by as much as 50 percent, senior deputy mayor Mike Fong sent a letter to council members urging them against such “blunt efforts.” Instead, Fong said, the council should approach the process of “re-envisioning policing” in a more “thoughtful” way, with a process of “structural reform” that would stretch well into 2021 and beyond.

“SPD has already spent half of its $400 million annual budget by now, so a $200 million cut (or 50% of SPD’s budget) would leave the department with zero budget remaining for 2020 and require the City to abolish the department,” Fong wrote.

A “$100 million reduction (or 25% of SPD’s budget),” he continued, “would mean immediate layoffs of up to 1,000 personnel leaving [police] Chief [Carmen] Best and the Seattle Police Department unable to conduct basic functions.  In addition, it would be irresponsible to make immediate cuts without any conceivable mechanism to stand up alternative models to achieve community safety. …  [T]he Executive does not think that simply making target cuts in SPD’s budget, without looking at the work or personnel being done/cut or the ability to have others do the work, will advance community safety.”

Durkan has consistently responded to demands that the city defund SPD by promising to “reimagine” the role of the police and brushed off protesters’ three high-level demands—immediately defund SPD by at least 50 percent, reinvest that money in community-based approaches to safety, and release all jailed protesters—as naive or unrealistic. Fong’s email, for example, says the cuts advocates are proposing are “not informed by any analysis or considerations of the underlying functions and services that SPD currently delivers.”

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If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for reading, and supporting, The C Is for Crank.

Instead of immediate cuts, Durkan has proposed a multi-step process before making any kind of structural changes to the department, including community “engagement and further [interdepartmental] analysis [that] will lead to additional recommendations for SPD reforms and alternative models for service delivery,” as Fong’s letter puts it.

This commitment to further “reform” and a process of community engagement led by the city is unlikely to satisfy advocates and abolitionists pushing for immediate cuts and systemic changes. Nor is it likely to satisfy the council, which was talking on Wednesday about phasing in cuts of perhaps $85 million—”the back of the envelope figure,” according to council budget committee chair Teresa Mosqueda—to be coupled with investments in community-based programs, including a new 911 system that would replace police with community responders on non-criminal calls.

By arguing for a slower approach and emphasizing reform and “re-envisioning” (as Fong’s letter puts it), the mayor’s office is committed to an incrementalism that many on the council—which amends and approves the mayor’s budget—have already rejected. Durkan’s proposal to cut $20 million from the police budget this year, as I’ve reported, only represents an additional cut of $4 million over what she proposed to the council before protests against police violence broke out in the wake of George Floyd’s murder in May. As SPD has acknowledged, the department has already met all its hiring goals for 2020, so Durkan’s proposed cuts won’t impact the number of police on the streets.

Like most police departments, SPD is a unionized institution of highly paid workers who are generally resistant to cuts or policy changes. Even getting officers to move so-called “mourning bands,” black tape strips used to signify the death of a colleague (in this case, a member of the State Patrol who died in March), to a place where they do not obscure badge numbers has apparently been a major challenge, despite legislation requiring them to do so.

In his letter, Fong suggests that union rules that protect officers with seniority would lead to the department cutting “some of our younger and most diverse officers” first, “defeating the hard work done to recruit officers that reflect and serve their communities.” Advocates coming forward with proposals for systemic change are unlikely to be moved by such arguments, especially when they imply that community organizations have not thought their own priorities and proposals through.

Durkan’s Proposed $20 Million Cut to Police Is Just $4 Million More Than Initially Planned

The overall budget picture, via City Budget Office.

After weeks of soaring, budget-speech-style rhetoric about “reimagining the police” and “working with community,” Mayor Jenny Durkan’s proposed midyear police budget cut of $20 million, or just 5 percent of the department’s $400 million budget, was underwhelming. Moreover, according to sources familiar with Durkan’s initial budget balancing package, the proposed cut is only one percentage point (or $4 million) higher than the one Mayor Durkan proposed internally three weeks ago, before protests against police violence upended the city’s business-as-usual approach to public safety. That $4 million can be accounted for by Durkan’s proposal to delay the construction of a second North Precinct for the department.

Despite demands from activists against police violence to start cutting SPD right away, the 5 percent cut will not even reduce the size of the police force. As a presentation on the budget cuts makes clear, SPD is on track to hire and train enough new officers to make up for the expected rate of attrition through the end of the year. The presentation emphasizes that SPD is taking the biggest budget hit, in dollars, of any department; it does not point out the fact that this is because SPD is by far the largest department in the city.

SPD spent an extra $6.3 million this year policing protests over a period of 12 days, including the ones that led to the Capitol Hill Organized Protest zone near the East Precinct. That $6.3 million paid for 72,619 hours of overtime.

None of the changes proposed for SPD’s budget in 2020 represent a realignment of priorities; rather, they nibble around the edges by cutting things like new IT investments and cars.

SPD’s midyear budget adjustment also does not include any changes to the Navigation Team, the group of police officers and Human Services Department employees who do outreach and remove encampments around the city. Currently, the SPD budget includes $2.4 million for the Navigation Team, which pays for one lieutenant, two sergeants, and nine officers. School resource officers—police who provide security at schools, a role that is also extremely controversial—have been repurposed to go out with the Navigation Team while schools are closed due to the COVID-19 pandemic.

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The mayor’s budget announcement included a commitment from SPD to come up with proposals to cut its own budget by 30, 40, and 50 percent for 2021, and a commitment from the city to “engage community to provide substantive input on what 2021 SPD budget choices should be made.”

It’s standard for the city to ask departments to come up with potential cuts themselves, but the case of SPD is different because protesters are clamoring for its budget to be cut in half (to begin with) and for the entire concept of public safety to be reimagined in a way that does not center police. The Human Services Department, for example, came up with 2020 cuts that include not filling vacancies and reducing or eliminating travel and trainings—but, unlike the ongoing outcry over police funding, no one is clamoring for fewer human or social services, so the process of asking HSD to propose its own cuts is less politically fraught.

The police department spent an extra $6.3 million this year policing protests over a period of 12 days, including the ones that led to the Capitol Hill Organized Protest zone near the East Precinct. That $6.3 million paid for 72,619 hours of overtime.

The mayor’s proposed 2020 budget balancing package would also draw on funds from several voter-approved levies to pay for normal city operations. For example, $10 million will be shifted this year from the Move Seattle Levy, which was supposed to fund new transportation capital projects, toward the day-to-day operations of the Seattle Department of Transportation. The library levy, which was supposed to fund increased services, will now pay for basic operations—keeping the lights on at branches that might otherwise see reduced hours or closures.

The council will be discussing the mayor’s proposed budget cuts this afternoon. Most members of the council support passing a progressive tax to reduce the impact of next year’s budget shortfall. A payroll tax on large employers with high-paid workers, proposed by council budget committee chair Teresa Mosqueda, has five co-sponsors (a majority), but council member Kshama Sawant has threatened to put her own competing employee hours tax on a citywide ballot if Mosqueda’s proposal goes through in its current form. Durkan has not endorsed Mosqueda’s package and has never supported any tax proposal at the city level.

Budget director Ben Noble said yesterday that the budget cuts the city expects to make in 2021 (again, in the absence of any progressive revenue package) will amount to about 10 percent of the city’s overall budget—an “unprecedented” amount that even dwarfs the cuts the city made under former mayor Mike McGinn during the Great Recession.

Bellicose Seattle Police Chief Claims Police Access to Tear Gas Could Have Saved CHOP Shooting Victim’s Life

Seattle Police Chief Carmen Best said Monday that the life of Horace Lorenzo Anderson, the 19-year-old who was shot in the Capitol Hill Organized Protest (CHOP) zone on Saturday night, “might have been saved if not for the circumstances created by hasty legislation” barring police officers from using tear gas, pepper spray, rubber bullets, and other “less lethal weapons” to disperse protesters.

Best made her comments at a press conference Monday afternoon to announce the imminent shutdown of CHOP and the reopening of the East Precinct as a police station. “It is time to restore order and eliminate the violence on Capitol Hill,” Durkan said.

Best accused protesters of creating circumstances that allowed several Black men to be shot and then prevented Seattle Police Department officers, the Fire Department, and EMTs from coming in and delivering care. “I cannot stand by, not another second, and watch another black man or anyone here die in our streets while people aggressively thwart the efforts of the police and other first responders,” Best said.

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The police department has presented no specific evidence to indicate that anyone at the protest was violent against police officers. In fact, both bodycam video released by SPD and the police department’s official timeline of events contradict this claim. According to the timeline, officers showed up at to a staging area on 12th and Cherry, about seven blocks from the shooting, around 2:30 in the morning and entered the area around six minutes later, when they were informed that medics had already taken the victim away. The bodycam footage shows protesters stepping aside for police while screaming that the victim has already been taken to the hospital. I don’t know what else was happening outside the frame, or how much is left out of the timeline. But what the police and mayor have offered so far are assertions, not evidence.

“SPD spent years developing the gold standard of use-of-force policy. Let that work. Allow us to use these [weapons] when absolutely necessary.”—Seattle police chief Carmen Best

And speaking of assertions: Best insisted that none of her statements were political before producing a stack of police reports and waving them in the air while asserting that “there are groups of individuals engaging in shootings, in rape, assaults, burglary, arson, and property destruction.” It’s unclear what was in the reports Best was holding or whether they indeed contained evidence that there were “groups” of people engaging in multiple assaults, rapes, and other crimes. One man was arrested last week in the and charged with sexual assault against a CHOP resident, and another man was arrested during a burglary in White Center for allegedly breaking in to an auto shop in the area and setting a desk on fire.

“This is happening,” Best continued. “We cannot walk away from the truth of what is happening here. This is not about politics and I am not a politician. This isn’t a debate about First Amendment rights—this is about life or death! So we need a plan. The council legislated away officers’ access to less lethal weapons,” Best continued—not mentioning that the legislation barring these weapons is not in effect yet—leaving officers with no options beside “a riot baton or a gun. … SPD spent years developing the gold standard of use-of-force policy. It was done in coordination with the federal monitor, the Department of Justice, and the federal court. Let that work. … Allow us to use these [weapons] when absolutely necessary.”

“The council legislated away officers’ access to less lethal weapons,” Best continued—not mentioning that the legislation barring these weapons is not in effect yet—leaving officers with no options beside “a riot baton or a gun.”

It’s unclear to what extent Durkan, who echoed Best’s narrative that police tried to respond to Saturday’s shooting but were forced to stay outside by a hostile crowd, agrees with her chief that tear gas and pepper spray could have allowed police to save Anderson’s life. Historically, and without exception, when police have attacked protesters in the area with chemical and “less-lethal” weapons, it has resulted in an escalation, not a deescalation, of conflict along with injuries to protesters, some of them grave.

Durkan may be attempting to distance herself from Best and her bellicose statements, but to what end? If she doesn’t fire the chief (and this seems vanishingly unlikely, given the optics of sacking a black female police chief who enjoys support from many Black clergy and other community members), seeming like the more “reasonable” public servant has its own obvious political advantages—including the fact that it allows the mayor to be the “good cop” when proposing a midyear budget later this week that will fail to meet one of the protesters’ chief demands: Defunding the police by 50 percent and reinvesting that money into community programs.

SPD Chief Who Accused CHOP Protesters of Extortion Racket Calls Sawant “Irresponsible” for Putting Out Dubious Information

Assistant Seattle Police Chief Deanna Nollette

Deanna Nollette, the Assistant Seattle Police Chief who told reporters that SPD had received “incredibly credible” reports that someone wanted to burn down the East Precinct, sent an email this morning to city council member Kshama Sawant excoriating for putting out information that was unconfirmed.

Nollette, who declined to provide any details about her claim that the precinct was in imminent danger, also pushed out the narrative that the Capitol Hill Organized Protest (known at the time as CHAZ) was guarded by armed forces engaged in an extortion racket, an assertion that the police department was later forced to retract.

Her email accused Sawant of politicizing two recent shootings by suggesting that they may have been perpetrated by right-wing agitators, and called Sawant “irresponsible” for using “this crime to advance your own narrative.”

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Sawant is an elected official who represents the district in which CHOP is located; Nollette, who promoted an equally political narrative by suggesting that people protesting against police violence were engaged in an illegal protection racket and that the protests themselves were putting the precinct building in danger, is an appointed public servant.

Here is Nollette’s letter to Sawant in full:

Good Morning
I am the Investigations Chief for the Seattle Police Department and a Seattle resident. I read your comments on the Department’s homicide investigation for the shooting that occurred yesterday in the East Precinct neighborhood.
You speculate that it was a right wing hate crime. While it is early in the investigation we have not received ANY evidence that this is accurate. It is irresponsible of you to use this crime to advance your own narrative.
We are committed to a through, robust, and non biased investigation on the facts and evidence of the case (as we are on every homicide). Divisive rhetoric does not advance the investigation, calm the situation, or elevate the conversations about the underlying issues.
Should you have any evidence of your theory please contact me so that I can ensure the information is relayed to the case Detectives.
AC Deanna Nollette

Three people were shot in or near the CHOP, which covers six square blocks on Capitol Hill, over the weekend. In both cases, the victims were transported to the hospital by volunteer medics.

Mayor Jenny Durkan is meeting with a group of protesters this morning, reportedly to negotiate a deal that will completely or partially shut down the organized protest zone. Over the weekend, Durkan’s office issued a statement to reporters saying that she had met with “trusted messengers and de-escalators, led by Andre Taylor with Not This Time, to engage with many of the organizers. This work will continue and the City will be meeting with some of the organizers today on next steps. We believe there can be a peaceful resolution. Taylor has appeared alongside Durkan repeatedly at press conferences and events. The mayor’s office is expected to make an announcement about “next steps” later today.

Program to Move Unsheltered People Into Hotels Stymied Again as Police Turn Attention to Protests

Police face off against protesters during Weller Street encampment removal last month.

Despite significant progress late last month, the Public Defender Association has been stymied once again in its efforts to move homeless Seattle residents with criminal justice involvement into empty hotel rooms it is currently renting for this purpose—this time, because the Seattle Police Department stopped actively participating in the PDA’s Co-LEAD program, less than one week after the city gave the go-ahead for the PDA to start enrolling clients.

Co-LEAD is an offshoot of the Law Enforcement Assisted Diversion program, an arrest-diversion program run by the PDA in partnership with Seattle police. Created specifically for the COVID crisis, Co-LEAD provides hotel rooms, gift cards, and services to clients who would otherwise be living on the street and committing crimes of survival, such as shoplifting and selling drugs.

The PDA had hoped to expand the program, which has been accepting clients from Burien and the King County Jail for months, to Seattle, starting with a large encampment on Second Ave. Ext. S. in Pioneer Square. Last month, PDA deputy director Jesse Benet told me the group had identified about 15 people living in the encampment who qualified for the program, and was just waiting for final approval from the city to enroll these new clients and move them off the street.

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Instead, the city has given its approval to enroll between ten and 15 completely different people, identified long before the COVID crisis, whose whereabouts are currently unknown—a group of so-called “prolific offenders” who, according to a spokeswoman for Mayor Jenny Durkan’s office, “voluntarily admitted their involvement in committing low-level crimes” and were deemed eligible for the program.

The issue with enrolling new clients, according to the mayor’s office, is that SPD has “ceased regular operations since May 30,” when protests against police violence began in the wake of George Floyd’s murder by police in Minneapolis, so no one has been available to approve clients identified since the pandemic started.

The mayor’s office says the police department should be able to “restart the referral process in the coming week.” It’s unclear exactly what that means; SPD itself did not respond to a request for comment.

Part of the encampment on 2nd Ave. Ext. S.

PDA director Lisa Daugaard said she’s disappointed that Co-LEAD, which started enrolling clients in Burien two months ago, has not made similar headway in Seattle. “We have a team of anti-racist, trauma-informed people with a great deal of lived experience and a lot of skills and compassion, ready to respond to the kind of public safety and public order issues that everyone seems to agree the police shouldn’t be asked to intervene with, and we are not able to move forward in Seattle,” Daugaard said.

“We have only received permission to try to find ten people” identified months ago, she added. Those people could now be anywhere, including out of state.

Meanwhile, the crisis of homelessness becomes more visible on streets like Second Ave. Ext. South, where the encampment has only grown and become more disorderly since LEAD started screening potential clients last month. The conditions on the sidewalk could make the encampment ripe for removal by the Navigation Team, which has continued to conduct occasional sweeps during the pandemic. The PDA tried to convince the city to let it enroll clients in Co-LEAD before the Navigation Team’s three most recent encampment removals, but was unsuccessful each time.

The role and makeup of the Navigation Team—which, under Mayor Durkan, has expanded to include a larger number of police officers every year—is now in question, with city council members drafting legislation to remove police from the team. Homeless service advocates and providers have long argued that human service and social workers, not armed officers, should be responsible for outreach to people living in encampments.

Protests like the one that took place during a recent sweep of South Weller Street, where demonstrators crowded against police barricades set up to keep them from entering a public street, now look like eerie precursors to the much larger protests against police violence that began less than two weeks later. Fundamentally, both groups of protesters were posing the same question: Do we need police to ensure public safety? And if not, what nonviolent alternatives might take their place?