Tag: Seattle Police Department

Afternoon Fizz: “A Dictator Posturing As a Mayor,” Another Preventable Disease Outbreak, and CPC Challenges Cops’ Crowd Control Plans

Not a handwashing station.

1. The manager of Seattle’s Equitable Development Initiative, Ubax Gardheere, and EDI staffer Boting Zhang sent out an open letter today denouncing Mayor Jenny Durkan as “a dictator posturing as a Mayor” and leading a city in which “women and people of color step up inside the institution” to do emotional labor for others.

“We’re done working for a dictator posturing as a Mayor,” the letter says. “We’re done feeling increasingly out of touch with our communities and friends. And we’re done being women of color bearing a disproportionate emotional labor burden in our civilization’s collective reckoning with our mid-life (or is it end-of-life?) crisis.”

The Equitable Development Initiative exists within the city’s Office of Planning and Community Development, which answers directly to Mayor Durkan. The purpose of the EDI is to fund and promote projects that prevent displacement in communities of color.

However, in their letter, Gardheere and Zhang suggested their jobs had become more about taking on emotional labor and “producing” on deadline than helping the communities EDI is supposed to serve.

“When we each took our jobs, we were afraid that we’d get pulled away from the values and people we hold most dear,” the letter reads “To an extent, we have. Our bodies have been weaponized in an institution that historically and presently has actively fought against [community], and you have sensed this.”

“There is an ongoing joke about the Seattle Process, this notion that when you bring too many people together, we don’t get anything done. Fuck that. It’s not bringing together too many people that makes us slow. It’s bringing together so much trauma that gets us trapped in gridlock. And time and again, we have seen women and people of color step up inside the institution to massage at the knots.”

Contacted by email, Gardheere and Zhang declined to comment or elaborate on their letter, which says both are “taking some time off to regain our mental health” before deciding what’s next.

Prior to working at the city, Gardheere was a program manager for Puget Sound Sage, the Seattle-based race and social justice advocacy group. Zhang was named “one to watch” in Seattle Magazine’s 2018 list of the city’s most influential people.

The best way to prevent disease outbreaks, county public health officer Jeff Duchin emphasized, is to ensure that people have access to soap and running water so that they can actually wash, not just sanitize, their hands.

2. At a meeting of the Seattle/King County Board of Health last week, King County Public Health director Patty Hayes described new outbreaks of shigella (a bacterial infection that causes diarrhea, fever, and vomiting) and cryptosporidiosis (a diarrheal disease caused by a parasite.) Both spread through fecal matter on unwashed hands. In the latest shigella outbreak, 84 percent of 142 cases were among people experiencing homelessness. (Sixty-three percent of those people had to be hospitalized, according to Hayes).Among 47 people with cryptosporidiosis, about half are homeless, Hayes said.

The best way to prevent the spread of such diseases, county public health officer Jeff Duchin emphasized, is to ensure that people have access to soap and running water so that they can actually wash, not just sanitize, their hands. “Handwashing is definitely superior to” hand sanitizer, Duchin added. The city of Seattle, under Durkan, is considering what multiple people familiar with the conversations called “Purell on a pole” as an alternative to the handwashing stations that the city council funded in its budget last November.

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Hayes did praise the city for turning on 12 water fountains in downtown Seattle, which the city had turned off in response to the COVID-19 pandemic. “One of the top priorities was to get potable water, drinking water, out there—that was a super concern,” Hayes said. “We’re exploring more safe water options with Seattle Public Utilities and Parks. In the coming weeks, we’ll make additional recommendations for high-priority areas and we’ll continue to talk to the city about these hygiene issues.”

PubliCola’s has asked SPU how many water fountains are still out of commission across the city.

The department is holding an online seminar for groups interested in submitting a proposal for its handwashing station pilot—now expanded to include food waste disposal and rebranded the “Water and Waste Innovation Funding Program”— tonight at 6.

3. A blog post the Seattle Police Department published Monday announcing reforms to the department’s crowd control and use-of-force policies caught the Community Police Commission off guard, according to a letter from commission’s co-chairs. SPD’s post said the CPC’s “feedback” had contributed to the reforms. In a public response to SPD posted on the CPC’s website, co-chairs LaRond Baker and Erin Goodman wrote that the new policy changes largely do not reflect their recommendations and will “not do enough to keep protesters and other members of the community safe.” Continue reading “Afternoon Fizz: “A Dictator Posturing As a Mayor,” Another Preventable Disease Outbreak, and CPC Challenges Cops’ Crowd Control Plans”

Police Officer Who Made City’s Encampment Cleanup Crew Haul Her Trash “Retires” in Lieu of Firing

By Erica C. Barnett

The Seattle Police Department lieutenant who headed up the Navigation Team has retired in lieu of termination after an investigation concluded she not only had the trash pickup contractor for the team, Cascadia, drive to her home in West Seattle and haul away her personal trash but attempted to cover up her misuse of the team by lying, deleting text messages, and directing staff to conceal their actions.

PubliCola was first to report on the actions of the lieutenant, Sina Ebinger, in February 2020.

The Navigation Team was a group of police and Human Services Department outreach workers who removed encampments and offered shelter beds to their displaced residents. The Parks Department took over the job of encampment cleanups—the removal and disposal or storage of tents, trash, and personal property—earlier this year.

Sili Kalepo, a field coordinator for the Navigation Team, reportedly directed Cascadia to drive out of their way to haul off a pile of bulky trash, including furniture, from Ebinger’s home in West Seattle in February 2020. Text messages PubliCola obtained through a public disclosure request show that Kalepo texted Ebinger immediately after we contacted Kalepo to ask about the incident. (Ebinger’s response: “Dam!!”) Neither Kalepo nor Ebinger ever responded to our requests for comment.

“As a senior SPD supervisor, [Ebinger] knew or should have known that she was not allowed to access City services intended to clean up homeless encampments.”

The Office of Police Accountability, which investigates allegations of police misconduct, confirmed details of our reporting in its case file on the investigation, which includes additional information about the scope of Ebinger’s attempts to conceal her misconduct.

The OPA and a separate, subsequent investigation sustained (upheld) findings that Ebinger was dishonest, acted unprofessionally, and used her authority for personal gain; another charge, that she intentionally deleted communications about the incident to conceal her culpability, was ruled inconclusive because it wasn’t clear that she knew deleting emails and texts violated the state Public Records Act.

“OPA interviewed [t]he Cascadia employee who conducted the pickup,” the OPA case file says. “He said he was dispatched by the HSD supervisor specifically to conduct this pickup. He confirmed that he had no other jobs or pickups in West Seattle that day.”

After the city launched its investigation—and, as the case file notes, after PubliCola requested cell phone photos of the trash pickup—Ebinger apparently deleted her entire text and Internet history along with her phone log.

“I want to go on record by pointing out this is not an issue with lack of training but with a lack of character and integrity,” one witness to the incident wrote.

However, PubliCola obtained copies of the text messages Kalepo sent directing the Navigation Team to go out of its way to pick up Ebinger’s trash. “Can u all grab this?” Kalepo said. “Litter pick. No photos needed.” A “litter pick” is the city’s term for trash removal at encampments.

The incident did not go unnoticed. In addition to PubliCola’s reporting, a different Navigation Team field coordinator emailed HSD’s human resources director to complain about what he considered a “blatant misuse of power and misuse of tax payers money.”

“These texts clearly show that Sili was doing something that he knew was wrong,” the field coordinator wrote. “We document every litter pick and removal we do and take pictures of everything at all  times. Him saying ‘no photos needed’ is a huge red flag for me and shows he was trying to hide this trash pickup.”

“I want to go on record by pointing out this is not an issue with lack of training but with a lack of character and integrity,” the field coordinator wrote.

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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.

According to the case file, Ebinger told investigators several different versions of her story—claiming at one point that she had called Seattle Public Utilities to pick up her trash but they had been unresponsive, for example, and later claiming that she had heard through “word of mouth” that SPU’s website was “down for maintenance.” Continue reading “Police Officer Who Made City’s Encampment Cleanup Crew Haul Her Trash “Retires” in Lieu of Firing”

Fractures Emerge As Council Continues Police Budget Cut Debate

By Paul Kiefer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Police Accountability Agenda in Legislature Narrows as Deadline Passes

State Rep. Jesse Salomon (D-32)

By Paul Kiefer

Tuesday marked a crucial deadline for bills in the Washington State legislature: the final opportunity for bills to pass from the house to the senate, or vice versa. The cutoff date thinned the herd of police accountability bills introduced this year, though most key proposals—including bills that would impose stricter guidelines for police use-of-force and lower barriers to de-certifying police officers—are still moving forward.

Proposals that won’t move forward include a bill (HB 1202) sponsored by Rep. My-Linh Thai (D-41, Mercer Island) that would have allowed victims of police misconduct or their families to sue police officers and police departments. The bill would have effectively eliminated the ‘qualified immunity’ protection that prevents individuals from suing government employees unless the plaintiff can prove that the employee violated a person’s “clearly established” rights.

The bill, originally introduced in the House Civil Rights and Judiciary Committee, received support from several statewide and national police accountability groups, including the ACLU of Washington, but faced opposition from both the Washington State Association of Counties and the Association of Washington Cities, which raised concerns that increasing the liabilities of cities and counties—which would bear the costs of civil suits against their police officers—would strain their budgets and limit their insurance options.

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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.

Enoka Herat, the Police Practices and Immigration Counsel for the ACLU of Washington, told PubliCola that the cities and counties that opposed the bill have misplaced priorities. “Cities and counties should play a role in reducing misconduct and ensuring that there are good policies in practices in place,” Herat said, “both in order to avoid liability and to do the right thing.” Herat added that the proposal “added teeth” to other police accountability bills that are moving forward in the legislature.

Rep. Jesse Johnson’s (D-30, Federal Way) HB 1203, proposing the creation of “community oversight boards” to investigate police misconduct in jurisdictions across the state, also failed to move forward to the state senate. The bill would have required all existing civilian-led oversight bodies in Washington—including Seattle’s Office of Police Accountability—to civilianize their investigative staff and relocate out of law enforcement agencies. The bill’s prospects dimmed when some police accountability experts raised concerns about the proposal’s impact on existing police oversight bodies, and about the 120-day cap the bill would place on misconduct investigations.

A third bill (SB 5134) that would have drawn a distinction between law enforcement unions and other labor groups, sponsored by Sen. Jesse Salomon (D-32, Shoreline), lost momentum long before the March 9 deadline. The proposal would have prohibited law enforcement unions from using the collective bargaining process to limit police oversight, and it would have effectively eliminated the ability of police officers facing discipline to appeal their case to an arbitrator—a specially licensed attorney who can approve of, reduce, or overturn a department’s disciplinary decision. Continue reading “Police Accountability Agenda in Legislature Narrows as Deadline Passes”

SPD Argues Proposed Budget Cut Would Lead to Crisis “Beyond Mitigation”

SPD data shows rising attrition since 2012, when the department fell under federal supervision.

By Paul Kiefer

Interim Seattle Police Chief Adrian Diaz appeared before the City Council’s Public Safety Committee on Tuesday to present his argument against the $5.4 million cut to the SPD budget proposed by the council in December 2020 in response to overspending by the department. Diaz argued that the additional proposed budget cut could plunge SPD into a staffing crisis “beyond mitigation.”

The proposed $5.4 million cut was the council’s response to the revelation in December that SPD had overspent its budget by that amount, requiring the council to make a last-minute addition to the department’s budget. Though SPD staff told council that the department needed that funding to cover separation costs, family leave pay, and COVID testing site-related overtime, the council pointed out that SPD spent past its approved overtime budget during last summer’s protests and left other costs unpaid until the end of the year. The resolution expressing the council’s intent to cut $5.4 million from SPD’s 2021 budget was largely an effort to dissuade SPD from similar overspending in the future.

A month earlier, the council had approved a larger slate of reductions to SPD’s 2021 budget—a $21.5 million cut proposed by the mayor, and a $12.7 million cut added by the council. Most of those cuts reduced SPD’s staffing budget, shifting the salaries reserved for vacant positions and the salaries of officers leaving the department to the city’s general fund.

Diaz argued that while his department can work within a constrained budget, the proposed $5.4 million cut would leave the department unable to adapt to its smaller workforce and could spur more officers to part ways with the department; since the beginning of 2020, SPD has seen more than 200 officers retire or transfer to other agencies—twice as many departures as in 2019. “The continued cuts to the budget, especially those not matched with efforts to reduce the duties of the department, will only drive further staffing losses,” Diaz said. “I can’t plan around a budget that’s constantly changing,” he added.

According to both Diaz and Deputy Mayor Mike Fong, who appeared alongside the interim chief during Tuesday’s presentation, rising attrition—and, Diaz added, a growing number of older officers who are taking medical leave to “burn time” before retirement—have already created serious holes in the department. Continue reading “SPD Argues Proposed Budget Cut Would Lead to Crisis “Beyond Mitigation””

Family of Man Killed By SPD in 2018 Sues City for Wrongful Death

SPD Officers Chase Iosia Faletogo Across Aurora Avenue on December 31, 2018

Editor’s note: The video above contains disturbing content; viewer discretion is advised.

By Paul Kiefer

The family of Iosia Faletogo, a 36-year-old man killed by Seattle police officers in North Seattle on New Year’s Eve 2018, filed a wrongful death lawsuit in federal court against the City of Seattle on Thursday. The suit alleges that Faletogo’s fatal encounter with Seattle police officers began with an unjustified and discriminatory traffic stop, and that the police officers who initiated the stop failed to de-escalate, ultimately leading to the struggle that ended when a police officer shot a prone Faletogo in the head.

“There wasn’t a clear necessity to detain Iosia or any risk of imminent harm that justified what happened to Iosia,” said Becky Fish, an attorney with the Public Defender Association representing Mr. Faletogo’s mother in administering his estate. Nathan Bingham, the attorney who filed the civil suit for the Faletogo family, specified that the suit will focus largely on the decisions by police officers that led up to the shooting, rather than on the moment of the shooting itself.

On the night of December 31, 2018, Iosia Faletogo was driving on Aurora Avenue North, apparently driving a companion who was sitting beside him to work. According to the report on the shooting produced by Seattle’s Office of Police Accountability (OPA), two Seattle Police Department patrol officers driving behind Faletogo decided to search Faletogo’s license plate for possible infractions, though they didn’t explain their reasoning for searching the license plate to the OPA. Their search matched the car to a woman with a suspended license, but they didn’t turn on their patrol car’s emergency lights until Faletogo pulled into the parking lot of a convenience store near the intersection of Aurora Avenue and N 96th Street.

The officers commented to one another that Faletogo was not the car’s registered owner—the car belonged to his stepmother, and the officers did not believe he had stolen it—but held him anyway, later telling the OPA that they intended to address the “illegal lane change” he made when turning into the parking lot. After questioning Faletogo about his lack of a driver’s license and his criminal history (two felony charges, both of them around 17 years ago), the officers took Faletogo’s keys and called for backup; four more police officers responded to the call. The officers told the OPA that they thought Faletogo was behaving suspiciously and could try to escape.

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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.

Less than thirty seconds later, Faletogo fled from his car and ran across Aurora Avenue N. The six officers chased Faletogo; during the chase, an officer’s body-worn video camera captured another officer shouting, “stop reaching for your waistband, you’re going to get shot!” The officers converged on Faletogo a block away, tackling him to the sidewalk. As he wrestled with the officers on top of him, a handgun fell from his waistband. The body-worn video footage of the subsequent thirty seconds, filmed from multiple angles by several officers, shows Faletogo with his hand on and off the gun at various points during the 22-second struggle. An officer yelled that he was reaching for the weapon; “nope, not reaching,” Faletogo responded.

The officers later told the OPA that they didn’t hear Faletogo’s reply. Roughly one second later, an officer shot him behind his ear at close range. He slumped to the sidewalk, at which point the officers handcuffed him and searched his pockets. By the time EMTs arrived at the scene, Faletogo was dead. Continue reading “Family of Man Killed By SPD in 2018 Sues City for Wrongful Death”

Fatal SPD Shooting Highlights Debate About Responses to Armed Mental Health Crises

Seattle Police Officer Raises His Weapon Toward Derek Hayden on February 16, 2021.

Editor’s note: This article contains references to suicide and police violence.

By Paul Kiefer

At around 9:20 PM on February 16, Derek J. Hayden approached a Port of Seattle Police cruiser parked on Seattle’s waterfront. Holding a kitchen knife to his throat, Hayden told the pair of Port Police officers that he wanted to die.

The two Port Police officers called for backup. Within minutes, Seattle Police Department officers began searching for officers who could respond to the scene, specifically asking for any officers carrying a weapon known as a “40-millimeter” launcher that fires a large, foam-tipped projectile. Meanwhile, the Port Police officers followed Hayden on foot as he walked north and began cutting himself.

Though the Port Police officers carried their own 40-millimeter launcher—the department equips every squad car with the weapon—the officers later told SPD that their attempt to use the weapon to disarm Hayden “failed,” though neither the officers nor spokespeople for the Port Police provided additional details about the failure.

Derek Hayden’s death followed a familiar pattern: Police respond to a call about a person carrying a weapon during a mental health crisis, and after a short confrontation, the officers shoot and kill the person in crisis.

By about 9:23, a pair of SPD patrol officers arrived on the waterfront, stopping their car less than a half-block in front of Hayden. As the pair stepped out of their car, footage from one of the officers’ body-worn video cameras shows a group of officers who were already at the scene—including the Port Police officers, though the identities of the officers alongside them are unclear—following Hayden at a distance. Aside from the officers and Hayden, the sidewalk was empty—the nearest bystanders were inside a restaurant down the block.

Neither of the SPD officers were carrying a 40-millimeter launcher, though one carried an assault rifle—a weapon SPD officers often carry when responding to calls about an armed person in crisis. One of the SPD officers stood on the opposite side of the car, ordering Hayden to drop the knife. The officer with the assault rifle stepped out of the car on the side facing Hayden.

“You need to stop,” yelled the officer with the assault rifle. Hayden raised his arms and walked towards the officer, responding, “just do it!” The officer walked backwards, shouting at Hayden to drop to the ground. “Do it,” Hayden repeated. “Please kill me.” As Hayden came closer, the officer backed up slightly, then fired at least three rounds. Hayden collapsed in the street as other officers rushed towards him. He died at the scene.

Derek Hayden’s death followed a familiar pattern: Police respond to a call about a person carrying a weapon during a mental health crisis, and after a short confrontation, the officers shoot and kill the person in crisis. SPD officers shot and killed Terry Caver, a 57-year-old man suffering an apparent schizophrenic episode while carrying a knife in Lower Queen Anne on May 19, 2020.

Two months later, police in Bothell shot and killed 25-year-old Juan Rene Hummel during another apparent mental health crisis; like Caver and Hayden, Hummel was carrying a knife. At least one-third of all people killed by police in Washington since 2015 were experiencing some kind of mental health crisis at the time of their death.

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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.

SPD, like police departments around the state, is gradually beginning to delegate some mental health crisis responses to mental health professionals.  But mental health crisis calls involving a person carrying a weapon are still a sticking point in the debate about which duties should be shifted police officers to mental health specialists. When SPD officers shot and killed Derek Hayden on February 16, mental health care advocates, police oversight leadership and state legislators were already leading efforts to shape a new approach to armed mental health crisis response.

Andrew Myerberg, the director of Seattle’s Office of Police Accountability—the civilian-led agency within SPD that conducts investigations into allegations of police misconduct—arrived on the waterfront later that night. Though the details of Hayden’s death were still hazy, Myerberg saw enough reasons for concern to launch an investigation into the shooting.

“The core of the investigation,” Myerberg said, “is whether the officers followed the department’s de-escalation policies.” Those policies emphasize that, when “safe and feasible,” officers should make an effort to buy time in tense situations by placing space and barriers between themselves and a person in crisis, and that officers should enter potentially volatile situations with some de-escalation plan in mind.

Myerberg noted that the tactics used by the other group of officers at the scene—following Hayden at a distance, for instance—may provide a vital point of comparison in the OPA’s investigation. “We’ll be asking whether the officers who stepped out of the car checked with the officers who were already on the scene about possible plans,” he said. However, Myerberg added that the Port Police officers’ unsuccessful attempts to disarm Hayden wouldn’t absolve the SPD officers from their responsibility to de-escalate when feasible. “Every officer involved has an obligation to try to de-escalate,” he said. Continue reading “Fatal SPD Shooting Highlights Debate About Responses to Armed Mental Health Crises”

D.C. Protest Cops Sue for Secrecy, Questions About “Shelter Surge,” and Concerns About Police Contract

Seattle Deputy Mayor Casey Sixkiller

1. Six Seattle Police Department officers who were in Washington, DC on January 6 for the “Stop the Steal” rally that preceded the attack on the US Capitol building have sued the Seattle Police Department and four individuals who filed public records requests with the department to prevent the department from disclosing their names. The six officers are currently under investigation by the Office of Police Accountability (OPA) for their potential involvement in the attack on the Capitol.

According the complaint, which the officers filed in King County Superior Court on Tuesday, the six are seeking a temporary restraining order that would stop SPD from releasing their names and unredacted personnel files. SPD and the OPA will release their names and unredacted personnel files to the public unless they receive a temporary restraining order by February 25, the officers noted in the complaint.

“It is highly inappropriate for a public employer to demand that its employees disclose their attendance at a political event, and then release the identities of any employees who attended that political event to the public,” the complaint says.

The lawsuit claims that the officers will be “targeted, harassed, subjected to violent acts or sustain other irreparable harm” if their names are made public, particularly while the OPA investigations are still ongoing.

“It is highly inappropriate for a public employer to demand that its employees disclose their attendance at a political event, and then release the identities of any employees who attended that political event to the public,” the complaint says. “Just as it would be anathema for a public employer to require its employees to disclose who they voted for in any particular election, and then disclosure that information to members of the public.”

The complaint says the officers did not take part in the Capitol attack, and that if their names come out, the officers will be “painted as ‘criminals’ or ‘extremists’ solely by virtue of their constitutionally-protected attendance at a political speech and rally.” It also argues that releasing the officers’ names may violate state law, which prohibits government agencies from disclosing records connected to ongoing investigations into violations of federal, state or local laws.

If the officers receive a temporary restraining order from the court, they will then seek a permanent injunction preventing SPD from disclosing their names in the future.

2. During a wide-ranging briefing about the hotel-based shelters Mayor Jenny Durkan announced this week, deputy mayor Casey Sixkiller fielded questions from the council about the scope of the program, who it will serve, and why the mayor’s office seems so attached to partnering with a specific hotel in downtown Seattle, the Executive Pacific Hotel. The city fully rented the same hotel at the beginning of the pandemic for first responders and, when first responders didn’t use the rooms, for nurses and other essential workers. The hotel remained almost entirely vacant for the duration of the lease, which cost the city about $4 million.

Not all of these rooms will be used as shelter.

As we reported earlier this week, the announcement confirms PubliCola’s previous reporting that Chief Seattle Club will operate a shelter and rapid rehousing program out of King’s Inn in Belltown, and LIHI and Chief Seattle Club will run a similar program out of the Executive Pacific.

Although Sixkiller echoed Durkan’s announcement that the two hotels will provide 220 rooms for people experiencing homelessness, the actual number is closer to 200, because some of the rooms at both hotels will be used for case management, live-in staff, and other purposes. That’s about 100 less than the 300 hotel rooms the city announced it would provide last October, when the estimate for the hotels to open was no later than January. The city now says both hotels will open sometime in March, more than a year after the mayor declared a COVID-19 state of emergency.

“Our goal here is sort of a ‘both, and,’ council member—both individuals who have high acuity needs as well as others.”—Deputy Mayor Casey Sixkiller

The mayor’s office has referred to the hotels as a yearlong program, but the plan includes a total of at least two months to ramp up and ramp down the programs, so the planned duration of the actual shelters is more like nine to ten months. 

The program has changed in other ways. Although the budget action appropriating city funds for the “shelter surge” explicitly said the hotel program would serve people with the greatest service needs—who happen to be the group causing the greatest “disorder” in areas like downtown and Pioneer Square—LIHI plans to serve people who can more easily transition into the rapid rehousing program that is also a key component of the mayor’s plan.

Councilmember Dan Strauss asked Sixkiller whether the program would also help “high-acuity” clients, as the deputy mayor said it would as recently as last December, when Sixkiller brought advocates from the Public Defender Association and REACH, two groups that serve high-needs unsheltered people, along with him to the council’s homelessness committee to promote the program.

“[With] all of our shelter units, we are trying to pair individuals with the housing that best meets their needs and the services that they need to be successful in making that transition from being outside and into housing and on the journey, hopefully, into permanent housing,” Sixkiller told the council yesterday, “so our goal here is sort of a ‘both, and,’ council member—both individuals who have high acuity needs as well as others.”

LIHI has indicated that at least some of the people who will move into the Executive Pacific will come from other LIHI programs; Chief Seattle Club did not return a call seeking more information about their program. Referrals will go “through” the new HOPE Team, which replaced the Navigation Team, but the exact details of how that will work and how the agencies will identify hotel clients are vague; the HOPE team does not actually do outreach, but coordinates referrals from their offices.

Sixkiller would not get into the cost of each hotel room, saying that was proprietary information until the city had inked the contracts. But a back-of-the-envelope calculation indicates that if the city spends all of the available money on these two hotels, the cost will work out to about $28,000 a bed, or around the same amount as the expansion of the JustCARE program the city rejected as too expensive.

Councilmember Lisa Herbold asked Sixkiller whether the “125 new shelter beds” the mayor announced this week were actually new. The two new tiny house villages were actually council additions to the mayor’s budget last year, and the WHEEL shelter opened earlier this month after the organization spent months pressuring the mayor’s office to allow them to open a nighttime shelter in City Hall, a plan the mayor’s office rejected. Sixkiller responded that he could get back to her about the “color of money” funding each part of the “surge,” prompting Herbold to respond, “This isn’t merely an academic exercise” about “the color of money” but a question of how many actually new beds will be available.

3. The Community Police Commission voted on Tuesday to approve a list of recommendations for Seattle’s upcoming contract negotiations with the Seattle Police Officers’ Guild (SPOG), the largest of the city’s police unions. The recommendations address both the transparency of the city’s bargaining process and the city’s priorities during bargaining.

The commission generally agreed on the transparency proposals, which included a recommendation to require the city to make public the membership of its negotiating team, its bargaining priorities, and any concessions it makes during negotiations. Commissioners also broadly supported a recommendation that negotiators try to remove the parts of the SPOG contract that allow the agreement to supersede city law; Officer Mark Mullens, the only SPD officer on the commission, was the only member to oppose that proposal.

Continue reading “D.C. Protest Cops Sue for Secrecy, Questions About “Shelter Surge,” and Concerns About Police Contract”

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

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

By Paul Kiefer

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

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

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

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

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

Federal Judge: Seattle’s Path to Compliance With Consent Decree Still Unclear

By Paul Kiefer

U.S. District Court Judge James Robart convened a hearing on Thursday afternoon to review the city of Seattle’s progress toward implementing police reform and address how Seattle’s path to compliance with the federal consent decree has changed in the wake of last summer’s racial justice protests.

During Thursday’s hearing, the first since the protests, Robart emphasized that the city is still out of compliance with the consent decree in the areas of discipline and accountability, and that Seattle’s path toward an end to federal oversight is still unclear. Robart added that the federal court is now reviewing another possible breach of the consent decree: specifically, whether SPD’s response to last year’s protests leaves the city out of step with the court’s standards for appropriate use of force.

The consent decree—the agreement between the city and the Department of Justice that empowers the federal court to oversee reforms to the Seattle Police Department—dates back to 2012, when the DOJ investigation found that SPD officers frequently used excessive force without consequences. To end federal oversight, the city first needs to achieve “compliance” with the terms of the consent decree and remain in compliance for two years; Robart uses input from the city, accountability experts, and a court-appointed monitoring team to decide what compliance entails.

The court-appointed monitoring team, led by Dr. Antonio Oftelie since last September, submitted a work plan Thursday morning to track the implementation of reforms to SPD and the efficacy of the city’s accountability structure in 2021. As SPD prepares to rework its use-of-force and crowd management policies, and while the OPA and OIG conduct follow-up investigations into protest-related police misconduct and systemic policy problems, the monitoring team will act as an auditor, said Monisha Harrell, the court’s deputy monitor. “Our ultimate goal is to not exist,” she told PubliCola. “If the system is working well, then we aren’t needed. So we look for cracks in the system.”

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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 city has nominally met Robart’s standards before: In 2018, the judge ruled that Seattle was in “full and effective” compliance with the terms of the consent decree. But less than a year later, Mayor Jenny Durkan and the city council approved a contract with the Seattle Police Officers Guild (SPOG)—the largest police union in the city—that undercut an array of reforms to SPD  accountability. After outcry from accountability advocates, Robart decided that Seattle no longer met the court’s expectations for police accountability and discipline, leaving the city partially out of compliance with the consent decree.

In his ruling, Robart directed the City Attorney’s Office (CAO) to submit plans to restore the accountability reforms by July 2019. More than a year later, the city not submitted a plan. Nevertheless, in early May of 2020, City Attorney Pete Holmes filed a motion to cut back the court’s oversight of SPD, contending that SPD had “transformed itself” under the federal court’s oversight. But Robart never ruled on the city’s motion to end some portions of the consent decree, because the city withdrew the motion shortly after the killing of George Floyd by Minneapolis police officers on May 25 sparked citywide protests.

City Attorney Pete Holmes, who represented the city during Thursday’s hearing, told the court that the protests were a “stress test” for SPD’s accountability structure. However, Holmes pointed to a letter published by Interim SPD Chief Adrian Diaz on Wednesday—entitled “Surpassing Reform: SPD’s Commitment to Accountability and Transparency”—as evidence of the “spirited tenacity of SPD to provide safety and constitutional policing even in the midst of the pandemic.” Holmes also expressed his belief that the accountability agencies—the Office of Police Accountability (OPA), Office of the Inspector General (OIG), and the Community Police Commission (CPC)—are “living up to the test” presented by SPD’s protest response. Continue reading “Federal Judge: Seattle’s Path to Compliance With Consent Decree Still Unclear”