Tag: Seattle Public Utilities

labor, Police, Transportation, Utilities

Parking Officers Lose Labor Complaint But Will Return to SPD; Utility Managers’ Union Files Complaint Over Wages

1. On Monday, the state Public Employee Relations Commission rejected an unfair labor practice (ULP) complaint by the Seattle Parking Enforcement Officers Guild (SPEOG) over changes that took place when the parking officers moved from the Seattle Police Department to the Seattle Department of Transportation in 2021, ruling that the issues the union raised in its complaint were not mandatory subjects of bargaining.

As PubliCola previously reported, the parking officers argued that they needed access to a database called the Criminal Justice Information System (CJIS). The officers can scan a vehicle’s license plate and determine whether it’s on a “hot sheet”—a list of license plates that have law enforcement information attached to them, including stolen vehicles and those whose owners are in a criminal database—and report back to SPD, which can then investigate Without CJIS access, however, they can’t know exactly what issue is associated with a particular vehicle.

In its decision, PERC said the parking enforcement officers could still find out whether a vehicle was stolen or associated with a crime or outstanding warrant; the only information they no longer have access to is detailed information about the issue with a particular vehicle. “SDOT does not require or expect PEOs to issue a citation or remain in the area after dispatch informs them that SPD has an interest in or is responding to a vehicle,” the commission wrote.

The move reverses a change the council made in 2021, at the urging of then-mayor Jenny Durkan, to shift parking enforcement out of SPD in order to “reduce” spending on police; this on-paper reduction, which advocates for more police funding have characterized as “defunding the police” ever since the city made it, was little more than a budgetary sleight of hand

PERC has not yet ruled on a counter-claim that the city filed against the parking officers’ union in July.

Parking enforcement officers who wanted to move back to SPD got their wish on Monday, when the city council voted to return the officers to SPD and use the budget savings to pay for a number of items that would have otherwise been cut. The council decided to move the officers back to SPD in a 6-3 vote as part of the overall 2023-2024 city budget, which we’ll cover in more detail in a separate post.

The move reverses a change the council made in 2021, at the urging of then-mayor Jenny Durkan, to shift parking enforcement out of SPD in order to “reduce” spending on police; this on-paper reduction, which advocates for more police funding have characterized as “defunding the police” ever since the city made it, was little more than a budgetary sleight of hand by Durkan and the council. Nonetheless, because taking on nearly 100 new staff added significantly to SDOT’s overhead, removing the parking enforcement officers freed up millions to spend on other purposes.

Harrell has said he plans to establish a “third department” to oversee public safety, which could be the parking enforcement officers’ ultimate destination if they don’t stay at SPD; last year, the council wanted to move the officers to the newly created Community Safety and Communications Center, which took 911 call response off SPD’s hands, but Durkan and SDOT lobbied hard to put them at SDOT.

2. In other city labor news, the union representing strategic advisors and managers at Seattle Public Utilities has filed an unfair labor practice complaint against the city for, according to the union, withholding wage increases it should have provided and imposing a new return-to-office policy in the middle of contract negotiations. The group of 175 SPU managers and strategic advisors was just certified for representation (by the Washington State Council of County and City Employees, Council 2, AFSCME) last year; this is the group’s first contract negotiation.

The primary issue at play in negotiations between the union and the city is the way SPU allocates raises to this group of about 175 workers. Bill Keenan, the organizing director for Council 2, said SPU has “an archaic process” for deciding how much its managers and strategic advisors make, which results in persistent pay disparities between people doing the exact same work.

The result of SPU’s wage increase process, according to the union, is that women in these positions earn $1.20 less per hour than men, and people of color earn 99 cents an hour less than their white counterparts. One 26-year veteran of the department, a woman of color, makes $10 less per hour than a man who has been at SPU for five years, the union’s organizing director said.

Typically, a new city employee starts at the bottom of the “pay band” for their position and proceeds through a series of “steps,” or pay increases, over a set period of time. If the city hires someone as a Strategic Advisor 1, for example, they’re supposed to start at the bottom of the pay range for that position and receive pay bumps according to a set schedule.

At SPU, Keenan said, there’s no such process for managers and strategic advisors; instead, their pay is set by the person who hires them, and “once you get placed on the pay scale where they decide you should be placed, they have another broken process where [future raises] are again up to an individual. … It’s totally subjective.” The result, Keenan said, is that women in these positions earn, on average, $1.20 less per hour than men, and people of color earn 99 cents an hour less than their white counterparts. One 26-year veteran of the department, a woman of color, makes $10 less per hour than a man who has been at SPU for five years, Keenan said.

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The city has said the salaries and pay increases the union is seeking would cost as much as $40 million, a number the ULP calls “greatly exaggerated.”

The unfair labor practice complaint doesn’t deal directly with the labor issues Keenan that are at play in the negotiations; instead it accuses SPU of halting the existing annual wage increase process for most of the union’s members and imposing a return-to-office policy that the union had no role in negotiating. “Until we reach a contract, they have to retain the status quo on wages and conditions of employment unless we agree to bargain otherwise,” Keenan said.

Currently, the union and city are in mediation over the underlying contract. A survey of all SPU employees found that a majority of workers enjoyed working with their immediate teams and felt valued, but felt that higher-level management doesn’t care about SPU workers or understand what they do. In an email to employees, SPU general manager Andrew Lee—a Harrell appointee who just started in June—called the results “very humbling” and expressed his “strong commitment to improvement.

SPU’s call center employees—a group of about 85 workers who are among the city’s lowest-paid employees— fought Harrell’s return-to-office mandate earlier this year and won. 

Keenan said he expects the union and city will return to mediation after the holidays.

Mayor Harrell, Morning Crank, Police

SPD Fires Controversial Cop Who Taunted Protesters, City Eases Back-to-Office Mandate

1. The Seattle Police Department has fired controversial officer Andrei Constantin, who created a fake Twitter account to harass and mock protesters and make fun of victims of police violence, including George Floyd and Breonna Taylor.

According to the SPD disciplinary action report explaining why Constantin was fired, the officer posted dozens of “extremely unprofessional, offensive, derogatory, and entirely unacceptable” tweets that “celebrated violence against protesters, ridiculed human beings who were injured or killed, taunted the family members of deceased individuals, and publicly accused SPD of hating its employees, blamed victims of assault, appeared to celebrate a homicide, and stated George Floyd ‘got justice.'”

Constantin’s tweets, originally uncovered by Twitter user @WhiteRoseAFA in October 2021, included posts calling people who participated in the 2020 protests against police violence “antifa terrorists” who should be “napalmed”; mocking the death of the young activist Summer Taylor, who was struck by a driver in a section of I-5 that had been closed down for a march; and telling the mother of an activist who was murdered in Portland, “Rest in piss bitch.” Constantin posted as @1SteelerFanatic under the name “Bruce Wayne”; he deactivated the account last year.

Constantin was previously the subject of at least nine other Office of Police Accountability complaints. Those complaints, detailed on the SPD.watch website, included: Pulling over a driver without justification, pointing a gun at him, and handcuffing him; threatening to use his Taser on a man who was not being threatening; and detaining a homeless Black bike rider and for nearly an hour. Last year, as PubliCola reported, Constantin received an eight-day unpaid suspension after shattering the driver-side window of someone’s car while they were sitting at a gas station.

In his written decision to fire Constantin, SPD police chief Adrian Diaz acknowledged Constantin had received “counseling” for the mental anguish he claimed to have endured as the result of the 2020 protests, but said that in light of his long disciplinary history and the “inexcusable” nature of his posts, Constantin could no longer work at SPD. Constantin last day at SPD was September 22.

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2. The union representing Seattle Public Utilities’ 85 call center employees has reached an agreement with the city that exempts these workers from the mandate that all city employees come in to the office a minimum of two days a week, PubliCola has learned. As we reported in July, many call center workers preferred working from home because it was a huge improvement on commutes that could add up to hours of unpaid time in the car or on the bus each day.

“The City shall exempt the employees in the SPU Contact Center from any in-office minimum requirement, in acknowledgement of the substantial expense compliance would cause that department to incur,” the agreement says.

As we reported in July, call center workers have been more efficient and effective, by the city’s own metrics, since representatives started working at home instead of a crowded room in downtown Seattle.

The agreement allows SPU to require workers to come back to the office if management decides it will “improve operations.” It also requires call center employees to live within a three-hour drive of the Seattle Municipal Tower so they can get there if needed—a change that narrows the possibilities for true telecommuting.

In addition, other city employees who are subject to the mandate—part of Mayor Bruce Harrell’s “One Seattle” effort to bring workers back into a still-struggling downtown—will be allowed to spread their in-office days across a two-week pay period, instead of coming in two days every week. The agreement also clarifies what counts as “in the office” (field work, including inspections, public meetings, and trainings will count as in-office time) and give individual departments the opportunity to ask for exemptions from the rules.

City Hall, Mayor Harrell

For Call Center Workers Who Can’t Afford to Live in Seattle, Harrell’s Return-to-Office Policy Creates New Burdens
Seattle Municipal Tower; Mkf272, CC BY-SA 4.0, via Wikimedia Commons

By Erica C. Barnett

Starting later this year, thousands of city employees who have been working remotely throughout the pandemic will be required to come in to the office at least two days a week under Mayor Bruce Harrell’s “One Seattle” return-to-office plan. Mayoral spokesman Jamie Housen said that number is a minimum; “in some cases, some units may have to bring their employees in more days per week based off department business needs.”

In a mid-March email announcing the city’s new policy, which will have to be bargained with various city unions, Harrell offered his “deepest gratitude to the 65% of City workers who have been working in person and in the field throughout the pandemic,” adding that for the remaining workers, returning to the office “represents a momentous step forward in [the] pandemic response and in our adjustment toward a new normal.”

Among those who will have to return to work at least part-time later this year are about 85 call center workers employed by Seattle Public Utilities. The majority, according to PROTEC17 union representative Steven Pray, are women of color, many of whom “can’t afford to live in Seattle” and commute from places like Kent, Tacoma, and Renton.

An internal memo preparing employees for the transition said that the city “provides critical functions to the community that require in-person customer service and operational needs,” adding that bringing people back to the office was a way of reducing “inequities and disparities within our workforce, while building team culture through increased collaboration and relationship building.”

But many city employees who’ve been working from home for more than two years prefer things as they are—and not all of them consider working from home a “privilege,” as Harrell put it in an email recently quoted by the Seattle Times.

According to a recent survey of about 3,000 city employees represented by the Professional and Technical Employees Local 17 (PROTEC7), 68 percent of city employees “indicated that the City’s return to office plans were negatively impacting their stress level, morale and productivity,” and 23 percent said they were thinking about quitting their jobs “due to return to office plans,” according to a summary of the survey provided by the union.

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Among those who will have to return to work at least part-time later this year are about 85 call center workers employed by Seattle Public Utilities. The majority, according to PROTEC17 union representative Steven Pray, are women of color, many of whom “can’t afford to live in Seattle” and commute from places like Kent, Tacoma, and Renton. Call center workers start at about $27 an hour and can make up to $35 an hour—more than private-sector call center workers, but still among the lowest 10 percent of city job classifications.

PubliCola spoke to one call center representative who said their daily commute used to be two hours each way; now, “it breaks down to five minutes or so, so that really helps.” The representative, who did not want to be identified, said, “I know very few people [at work] who live in the city.”

The representative we spoke to personally looks forward to returning to the office part-time, but knows that “a lot of people are holding out faith that they’ll continue to get to work from home. … Our morale has never been higher than since we went home. Originally, there was some shock, but now people are really, really happy.”

As for the argument that people need to be in the same physical space to “build team culture through increased collaboration and relationship building,” Pray said answering calls all day doesn’t really involve much collaborative work. “Of course they work as a team and they’ll help each other out, but it’s not like other groups in the city where there’s ten people putting their heads together, thinking about a problem, brainstorming, and putting ideas out there.”

By the city’s own standards, working from home is working for the customer contact center and utility customers. On average, call times—a measure of how quickly a caller’s problem is resolved—have gone down more than a minute, and the time it takes to answer calls has decreased dramatically. When emergency outages happen, people can start taking calls right away, instead of driving in to downtown Seattle through extreme weather or in the middle of the night.

Harrell’s new return-to-office policies won’t take effect until this fall, after labor negotiations wrap up, but any return-to-work mandate will have a major impact on the work lives of thousands of city employees, including many who prefer to work from home. According to the Seattle Department of Human Resources, around 4,500 city employees have arrangements allowing them to work from home two or three days a week. That number includes 2,300, or about 18 percent of city employees, who currently work from home four days a week or more, which would put them out of compliance with the proposed policy.

Meanwhile, down the street from the Seattle Municipal Tower and City Hall, King County Executive Dow Constantine has taken a more relaxed position on “returning to normal”; according to a spokesman for Constantine, the county has no official policy requiring employees to come back to the office; instead, individual departments are making those decisions.

Elections, homelessness, human services, King County, Mayor Durkan, Morning Fizz, Parks, Police

No Charges Against Cops Who Violated Voting Law; City Finally Buys Shower Trailers

1. Eight Seattle police officers who registered to vote using the addresses of Seattle Police Department precincts instead of their home addresses—including Seattle Police Officers’ Guild President Mike Solan—will not face criminal charges. Instead, after an investigation by the Office of Police Accountability (OPA), two of the officers (including Solan) received one-day unpaid suspensions and three received oral reprimands; the remaining three officers retired or resigned before the investigation ended.

The South Seattle Emerald first reported that eight SPD officers had registered to vote using their precinct addresses in July 2020, after a search of county voting records found at least one officer registered at each of the department’s five precincts. Because registering to vote using an incorrect residential address is a felony in Washington—one punishable by a five-year prison sentence or a $10,000 fine—the OPA initially referred the case to SPD for a criminal investigation.

The department decided not to investigate; according to the OPA’s report on the case, an SPD captain justified the decision by noting that the officers were already under investigation by the King County Department of Elections, and by claiming (incorrectly) that all of the officers lived in Seattle.

While all acknowledged that they had used their precinct addresses when registering to vote, most argued that they did so to avoid making their home addresses a public record for safety reasons. In response, OPA Director Andrew Myerberg advised the officers to lobby the state legislature to pass tighter privacy protections instead of breaking state law.

In lieu of an investigation, the OPA began its own investigation of the officers’ alleged policy violations, ultimately ruling that all eight officers violated SPD’s professionalism policies, as well as a policy prohibiting officers from using their precinct addresses for personal business. OPA Director Andrew Myerberg didn’t say whether he believed the officers knowingly violated state law, though he noted that King County Elections’ investigation will eventually resolve the question. “Ignorance of the law is not a defense,” he wrote in his report. “This is especially the case for police officers who are entrusted with the responsibility of enforcing it.”

If the elections department does rule that the officers knowingly broke state law, county election officials told the OPA they are unlikely to press charges—the law targeting incorrect voter registration addresses is frequently broken and rarely enforced.

Only five of the officers agreed to interviews with OPA investigators. While all acknowledged that they had used their precinct addresses when registering to vote, most argued that they did so to avoid making their home addresses a public record for safety reasons. In response, Myerberg advised the officers to lobby the state legislature to pass tighter privacy protections instead of breaking state law.

2. The city will replace two rented shower trailers, which have been stationed at Seattle Center and King Street Station in Pioneer Square since last fall, with trailers it bought from a Pittsburgh-based company called Restroom2Go Restroom Trailers. According to a Seattle Public Utilities spokeswoman, the trailers cost the city just over $188,000.

As the COVID pandemic abates, the city has begun closing down and relocating facilities and services for people experiencing homelessness, including “de-intensified” mass shelters and hygiene facilities like the two shower trailers. For now, the spokeswoman said, people will still be able to shower at King Street Station, but the shower trailer at Seattle Center will have to move as summer programming returns to the former World’s Fair grounds. A temporary shelter run by the Downtown Emergency Service Center at Seattle Center’s Exhibition Hall has already started shutting down, with residents moving back into the Navigation Center (a congregate shelter in the International District).

Another DESC shelter whose residents moved to Exhibition Hall during the pandemic, the Queen Anne Shelter, remains closed.

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As PubliCola has reported over the past year, Mayor Jenny Durkan’s administration was reluctant to provide mobile showers for people experiencing homelessness even before the pandemic. Although the city council provided funds to purchase shower trailers in 2019, SPU, under Durkan, didn’t spend the money, forcing a mad scramble to rent trailers at an exorbitant cost once the pandemic began. (Even then, the city took months to actually deploy the trailers.) Eventually, the city ditched its gold-plated trailer provider for a more affordable service.

According to SPU, the city is still looking for a place to move the Seattle Center trailer “on the campus,” and is also working out what to do with the two trailers in the long term. “City staff are considering exploring the best options for the trailers, including making them mobile, keeping them stationary or a hybrid approach, to meet the needs of our clients and maximize utilization.”

Even with the two trailers remaining in service, there are very few options for people living unsheltered to take a shower citywide. Lack of access to hygiene is a major quality of life issue, and a barrier to accessing public facilities like transit and libraries, not to mention applying for a job. According to the city’s current hygiene map, there are just 14 places in the city that offer free showers, most of them concentrated near the downtown core; neighborhoods south of I-90, including all of West and Southeast Seattle, have just one shower location each.

3. Someone—perhaps the same brave long-lens photographers who add images of unsheltered people to Google Maps results for various Seattle parks—took the time recently to rename the Ballard Commons Park “Straussville” in Google Maps.

Dan Strauss is the city council member for District 6, which includes the Commons; unsheltered people have lived and congregated in the park, which is next to the Ballard branch library, for many years, but have become more visible during the pandemic as the city decreased encampment sweeps. As of Monday morning, the fake park name had been removed.

Elections, homelessness, Mayor Durkan, Morning Fizz, Police

Compassion Seattle Predictions, Street Sink Challenges, and Another Durkan Task Force Releases Recommendations

1. At a panel discussion hosted by GeekWire last week, two prominent supporters of the “Compassion Seattle” charter amendment on homelessness said voters should not read anything into the fact that the group does not, as they initially claimed, have widespread support from Seattle homeless service providers.

Late last month, in a story first reported by PubliCola, the group was forced to take down its endorsement page because many of the homeless service providers listed on the site have not actually endorsed the measure. The charter amendment would require the city to fund new shelter beds and behavioral health care from existing resources while enshrining the city’s authority to sweep encampments in Seattle’s constitution.

“Not one of those nonprofit leaders has retracted the statements they made talking about the charter amendment and why it’s a good thing,” Compassion Seattle founder Tim Burgess said. Rachel Smith, CEO of the Seattle Metro Chamber, added, “Many organizations have a process to go through [for endorsements] so I don’t think that is indicative of where they may be. … All those organizations have made statements about how they informed the language, and I think their own words are what we should lean on when we talk about about how they think about this.”

Several service providers, including the Public Defender Association, the Downtown Emergency Service Center, and the Urban League of Seattle worked with Compassion Seattle to soften the language of the initiative, which originally focused primarily on removing unsheltered people from public spaces. However, it’s far from clear that any of these groups will formally endorse the measure.

2. One of the many challenges the city has cited to explain the slow rollout of public handwashing sinks is the difficulty of disposing “graywater”—the runoff from sinks, washing machines, and showers. Unlike stormwater runoff, which flows directly into Puget Sound through the city’s storm drains, graywater (like raw sewage) has to be cleaned and processed through the city’s sanitary or combined sewer system—there’s even a federal consent decree saying so.

If the street sinks program founders, it may be because the city chose to be inflexible not just on optional requirements, like graffiti-resistant materials, but on how it empowers street sink providers to comply with the law.

The city has awarded contracts to two groups, both contingent on solving the issue of graywater disposal along with a host of other issues. The Clean Hands Collective, led by Real Change, has proposed a simple basin, fed by a regular garden hose, that would drain into a planter filled with soil; Seattle Makers, a South Lake Union makerspace, has proposed letting the water in its “handwashing station” prototype drain into a 50-gallon tank, which they would either clean with chlorine tablets or haul away to an SPU facility for disposal.

“Basically, for version 1 of this, we’re going to have to take out the [dirty] bucket and replace it and we have to figure out where the city wants us to drive that bucket of water,” Devin Barich, a volunteer with Seattle Makers, said. Barich also said Makers was considering adding “cleaning tablets” to the dirty water in the hope that that would make the water clean enough to pour down the storm drain. Continue reading “Compassion Seattle Predictions, Street Sink Challenges, and Another Durkan Task Force Releases Recommendations” →

Health, homelessness, Mayor Durkan, Morning Fizz, Police, public safety

Parking Enforcement Stays at SPD For Now, Memo Outlines City’s Objections to Street Sinks, Cops’ Vaccination Rate Remains Unknown

1. The Seattle City Council voted Monday to keep the city’s parking enforcement unit in the Seattle Police Department until September, approving an amendment to legislation moving the 911 call center and parking enforcement from SPD to a new Community Safety and Communications Center. Their hope is that that the unions representing the parking unit’s management and rank-and-file will use the next three months to resolve their disagreements about which city department should absorb parking enforcement.

Last fall, council public safety chair Lisa Herbold proposed moving the unit to the CSCC in response to lobbying by the Seattle Parking Enforcement Officers’ Guild, which represents the unit’s roughly 100 rank-and-file members. Nanette Toyoshima, the union’s president, told PubliCola in October that she hoped to give parking enforcement officers a larger role in the city’s efforts to civilianize public safety.

At the time, other council members didn’t oppose the move. But Mayor Jenny Durkan, Seattle Department of Transportation Director Sam Zimbabwe, and parking enforcement unit management argued that parking enforcement would operate more efficiently in SDOT than the new community safety unit. In a letter to the council in April, Zimbabwe argued that transportation departments manage parking enforcement in other cities, including Denver and Houston, and said SDOT is better prepared to absorb parking enforcement than the still-untested CSCC.

Zimbabwe’s arguments, and lobbying by parking enforcement management, convinced Council President Lorena González, who is now the council’s most vocal supporter of moving the unit to SDOT. But Councilmember Andrew Lewis, who has communicated with leadership in both unions, urged the council to delay moving the unit out of SPD until parking enforcement management and officers can reach an agreement about which city department would make a better home for their unit.

“It is always hard for us as a pro-labor council when two members of our broader labor family have a disagreement,” he said during the council’s weekly briefing on Monday. “I think this would benefit from additional time to better understand a way to resolve this equitably and without dividing the labor community.”

The 911 call center will still move to the CSCC by June 1.

2. On Monday, Seattle Public Utilities provided responses to a list of questions posed by Councilmember Lewis about a long-delayed program to provide temporary handwashing stations while public buildings are closed due to the pandemic. The council provided $100,000 for public sinks last year in response to repeated outbreaks of communicable diseases among people living unsheltered, who have had little access to soap and running water since businesses and public buildings closed their doors in March 2020.

The memo includes photos of a sink that was vandalized, with the warning, “Durability and vandalism resistance is critical. Extreme vandalism should be expected in most locations.”

In the memo, SPU reiterated their many objections to a proposal by the Clean Hands Collective, including the fact that it is not technically ADA-compliant, uses hoses instead of direct sewer connections to provide water, and have hookups that are vulnerable to freezing in the winter. “These sinks cannot legally operate from approximately October through April,” the memo says, because they filter graywater through soil.

“The design requirements, considerations, City procurement requirements and technical challenges SPU discussed with proposers at technical assistance sessions and with the committee are the same standard SPU as a regulated and regulating agency must adhere to,” the memo continues. “They are also intended to ensure that public expenditure is geared towards ensuring quality functioning, healthful, and accessible solutions that meet the needs of the community they are designed to serve and the outdoor conditions into which they are deployed.”

The memo includes photos of a sink that was vandalized, with the warning, “Durability and vandalism resistance is critical. Extreme vandalism should be expected in most locations.”

Some of the diseases that have spread through homeless encampments during the pandemic include hepatitis A and B, shigella, and cryptosporidiosis; the latter pair of diseases can cause major gastrointestinal symptoms such as extreme and constant vomiting and diarrhea. Such diseases are spread mostly through fecal-oral transmission, which is easily preventable through handwashing.

The city has opened a handful of its own sinks around the city, some of which are operated by a foot pedal. Unlike the proposals the city has received, which are wheelchair accessible but not fully ADA compliant, foot-operated sinks are not usable by many people with disabilities.

3. As the Seattle Office of the Inspector General begins a new investigation into a surge of complaints about unmasked police officers, the Seattle Police Department’s compliance with public health recommendations is under a microscope.

But while SPD can require masks, they can’t track how many Seattle police officers are vaccinated; according to the department, unless the city requires all city employees to get vaccinated, SPD can’t ask its officers about their vaccination status. Continue reading “Parking Enforcement Stays at SPD For Now, Memo Outlines City’s Objections to Street Sinks, Cops’ Vaccination Rate Remains Unknown” →