King County

The Debate over ShotSpotter in Seattle Continues, While King County Takes Up Juvenile Solitary Confinement

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Seattle News:
Budget

A new op-ed critical of ShotSpotter being in Seattle’s 2024 budget was published this week. There will also be a webinar about ShotSpotter next Wednesday, November 8 at 5:30pm; it will live stream on YouTube and has a Facebook event page.

Speaking of ShotSpotter, at last Friday’s budget meeting, an amendment was proposed to cut $1.5 million from the Crime Prevention Pilot proposed in the Mayor’s budget (this would cut all funding associated with ShotSpotter and CCTV cameras, while leaving money for license plate readers) and instead use these funds to pay for behavioral health services at tiny home villages that have been partially defunded in the 2024 budget. These services allow tiny home villages to house folks with higher acuity needs than they’d otherwise be able to take. 

CM Herbold said she was disappointed that it didn’t appear any additional community engagement has happened over the use of ShotSpotter since last year. Apparently about a month after her request to Senior Deputy Mayor Tim Burgess for the studies he said existed to back up his claim that uniting the ShotSpotter technology with CCTV cameras improved its accuracy rate and its admissibility as evidence in court, he finally sent her some studies. Six of these studies only spoke to the potential benefits of CCTV cameras, with no mention at all of ShotSpotter acoustic gun detection technology. One final document sent was a suggestion found in a guide that one might pair the two technologies, but this didn’t include any study nor reference to a study.

CM Pedersen said we needed to fund ShotSpotter and CCTV cameras because of SPD’s low staffing levels. Perhaps he is not familiar with this study, which found: “Although the study is limited to one city, results indicate AGDS may be of little benefit to police agencies with a pre-existing high call volume. Our results indicate no reductions in serious violent crimes, yet AGDS increases demands on police resources.”

CM Nelson said, “I think there is probably evidence on both sides of the argument depending on which study you’re looking at.” She then failed to present a single study supporting the use of ShotSpotter. 

There was a marathon budget meeting to discuss all the councilmembers’ proposed amendments last Friday. Besides the one using ShotSpotter funding for behavioral health services for tiny home villages, here are some of particular note:

  • Two amendments add funding for domestic violence survivors, including one for mobile community-based survivor supports.
  • Two amendments add funding for inflationary adjustments and a 2% provider pay equity increase for ALL human services worker contracts (some of them were excluded from this in the initial proposal), although one of the sources of funding has raised some questions.
  • A State of Legislative Intent (SLI) requesting HSD and CSCC/CARE perform a gap analysis of the City’s current and priority investments in gun violence prevention as compared to the recommendations in the King County Regional Community Safety and Wellbeing (RCSWB) Plan, and identify complementary, duplicative, or gaps in services provided by the City and King County. 
  • Additional dollars for both the Office of the Inspector General (OIG) ($50k) and the Office of Police Accountability (OPA) ($222k)
  • A proviso asking SPD to resume their contract with Truleo, which provides technology to review body worn camera footage. There is a long storied history behind this one, but it seems worth mentioning ACLU WA has historically been against the use of this technology for privacy and civil rights reasons. 

CM Mosqueda also laid out her plan for discussing new progressive revenue options, as well as other budget-related legislation that isn’t required to balance the 2024 budget. Initial proposals will be discussed on Wednesday, November 15. There will be an additional budget committee meeting after the budget is passed by Full Council (theoretically on November 21) to discuss and vote on these progressive revenue proposals. That extra meeting will be on Thursday, November 30, and should any legislation pass that day, it will then move to a Full Council vote on Tuesday, December 5.

It is pressing for the Council to discuss new progressive revenue options due to the forthcoming budget deficit, which for 2025 currently sits at $251 million. Any new revenue that is passed by Council would need time to be implemented, so in order to have new revenue to fill that budget gap in 2025, legislation would need to be passed sooner rather than later.

New progressive revenue options you can expect to see include a proposal for a small city-wide capital gains tax and the potential repeal of an extant water fee/tax. Councilmember Sawant has proposed two amendments that would require small increases to the current JumpStart payroll tax; these amendments would fund mental health counselors for schools ($20 million) and pay increases for city workers ($40 million). CMs Herbold and Mosqueda co-sponsored both these amendments.

In addition, there has been some talk of a CEO pay ratio tax. This could be instituted as another layer of the JumpStart payroll tax, to be levied on total payroll and applying only to corporations that exceed the CEO pay ratio. It is unclear how much additional revenue this would generate.

The Affected Persons Program, originally funded in the 2023 budget, did not have its work group implemented by the OPA this year. In response, it has had its funding moved over to HSD to contract with a community-based organization to coordinate the workgroup.

SPD’s New Ruse Policy

SPD announced their new ruse policy to much fanfare this week. This policy was created in response to the infamous Proud Boy ruse during the 2020 protests, as well as another ruse by SPD in 2018 in which an officer lied to the friend of a suspect in a fender bender, saying a woman was in critical condition because of the crash. The suspect committed suicide about a month later.

The new policy outlines the circumstances in which a ruse is allowed to be conducted. They are no longer supposed to be used for the investigation of misdemeanor property crimes. Perhaps most strikingly, they are also not allowed to be broadcast over radio, social media, or any other mass media format, a rule that, had it been in place in 2020, might have prevented the Proud Boy ruse. Officers are also supposed to consult with a supervisor before instigating a ruse, although only when “reasonably practical,” which seems like a potentially large loophole.

There are also now new requirements for documenting patrol ruses, which has led to some speculation over how many ruses will actually be documented in the manner described in the policy, as well as how much extra time (and potentially overtime) this might require. The word “ruse” is required to be specifically used in these reports, which could potentially make public disclosure requests around these sorts of police actions a bit easier to implement. 

What this new policy doesn’t directly address is the lack of communication that may have led public officials such as Seattle Public Utilities’ Emergency Manager into believing and making decisions based on their belief in the Proud Boy ruse.

Black Officers Alleging Discrimination at UW Police Department

Back in 2021, five Black officers at the UW Police Department filed a claim alleging dozens of incidents of racial discrimination in their workplace. Jury selection for this trial, which involves claims of over $8 million, began last week. Apparently an outside review was done of the department in 2019, which found a “culture of fear.” And yet UW President Ana Mari Cauce expressed surprise at the lawsuit since the review didn’t mention racism as a concern. How it would have uncovered such a thing given the aforementioned culture of fear is an open question.

King County News:

Solitary Confinement for Juveniles

The King County Council is discussing a new ordinance to replace the ordinance they passed in 2017 banning solitary confinement for juveniles, with a possible vote planned for this coming Tuesday.

First, some scene setting: King County’s youth detention facility has been experiencing staffing shortages. Right now 73 detention officers are employed there, while they are funded for 91 officers. This year they have hired 20 new detention officers while 21 detention officers have left their positions, leaving the facility with a small net negative for the year in terms of staffing numbers. 

The Department of Adult and Juvenile Detention say they would like the juvenile solitary confinement ordinance changed in order to be able to provide one-on-one programming to juveniles at the facility. This would involve a change to the definition of solitary confinement.  But advocates, including ACLU Washington, the King County Department of Public Defense, and Team Child, have brought up a few concerns:

  • Due to the continued staffing shortage, advocates are worried staffing issues might become an exemption to the ban of solitary confinement for juveniles. While Councilmember Balducci’s proposed striker amendment does improve upon this, they desire to see stronger language clarifying that staffing issues won’t become an exemption to this regulation, especially in order to prevent solitary confinement being justified as needed due to a facility safety issue.
  • The ban on juvenile solitary confinement does not include any enforcement mechanism for violations. Without a means of enforcing the right to not be put into solitary confinement, the ban doesn’t necessarily protect juveniles in practice. Advocates are asking for a system that allows kids who have been illegally held in solitary confinement to be able to collect damages without having to file a lawsuit as a means of enforcement. 

If you would like to weigh in on this issue, you can email or call your King County councilmembers and/or give public comment in person or remotely at the committee meeting on Tuesday, November 7 at 9:30am.

Drugs in King County Jail

According to an indictment, a former King County Jail guard allegedly accepted bribes to bring methamphetamine and fentanyl into the King County Jail for two inmates. 

In response, Executive Constantine released the following statement: 

“The charges alleged in this indictment represent not just a breach of public safety, but a disdain for the trust placed in those we count on to serve and protect. I want to make clear – the charges against this former employee and his co-conspirators tarnish the work that our corrections officers do every day to serve their community with professionalism and the highest standards of care.

The public can count on King County to continue doing everything we can to stop fentanyl and other contraband from entering our correctional facilities.”

Once again, this calls into question the intentions behind Seattle’s drug criminalization bill passed earlier this fall, given some of the people arrested due to this bill will end up in a jail in which illegal drugs are potentially circulating.

WA State News:

Finally, a small tidbit of what is to come during the next state legislative session beginning in January 2024:

“Meanwhile, more help will be sought to fill the ranks of law enforcement agencies. The Association of Washington Cities wants the Legislature to update the local Public Safety Sales Tax to allow councils to use the funds to boost officer pay and increase behavioral health resources. It’s also asking the state to offer more classes at the Basic Law Enforcement Academy and expand regional academies.”

Recent Headlines:

SPD’s Unfavorable Rating Soars to 64% in Local Poll

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Seattle News

CARE Department Issue Identification

Last Friday, City Council discussed budget issues concerning the new CARE department. The new community response teams will start responding on Thursday, October 19, working 7 days a week from 11am to 11pm. The six responders will be costing $840k annually. 

While discussing the possibility of violence prevention programs currently housed within HSD moving over to CARE, CM Herbold mentioned there has been a group already at work on an assessment of the city’s gaps in violence prevention programming and where county offerings complement or duplicate the city’s offerings, which is wonderful to hear, as I’ve been asking pointed questions about this for some time and haven’t yet gotten any satisfactory answers. However, Central Staff was unsure of the degree of alignment between this assessment project and the potential scope of projects and programs that could move into the CARE department. 

The Director/Chief (this title is currently under debate) of CARE, Amy Smith, said that since they’re starting with only 6 responders, they will only be able to answer person down and wellness check calls for the foreseeable future. She expects her first recommendation to be to expand the service to provide response 24/7, which would require 12 responders. 

Senior Deputy Mayor Burgess said that at some point in the future (he mentioned 6-18 months), the 911 center will have 3 options for dispatch: the police, a joint response of police and the community response team, and just the community response team. However, Chief/Director Smith made it clear that to begin, the community response teams will indeed be answering all calls with police present, and she seemed to imply it will be up to the police to recommend whether they should stop being present for every call, as opposed to being the decision of the community response team members.

Revenue Forecast Update and Budget News

The City Council received an updated revenue forecast on Tuesday, and this time it was mostly good news, with the General Fund receiving $9.8 million more than expected and JumpStart collecting $14.2 million more than expected. There are slight decreases in REET (real estate excise tax) and combined transportation revenues. Mayor Harrell suggests spending these additional funds on “restoring investments in school safety through automated traffic enforcement cameras, resolving open labor contracts for our City employees, and paying down the looming deficit in 2025.”

Budget chair Mosqueda stated she was interested in investing in “our city contracts, support for our frontline workers, access to basic needs like food and housing, and investments to help make our community healthier and infrastructure safer.”

Councilmembers’ budget amendments are due early next week. The next chance to give public comment about Seattle’s budget is Friday, October 27 at 10am. 

Meanwhile, Real Change ran an op-ed last week by Solidarity Budget entitled Seattle’s Budget Should Meet the Basic Needs of our Residents.

Other Seattle News

Hannah Krieg wrote a helpful primer on the Mayor’s continued shenanigans related to the budget and JumpStart tax dollars.

Erica C. Barnett reported on SPD signing a $2.6 million contract with a marketing firm to “create an ‘SPD recruitment brand’ and produce video, online, radio, and social media ads for the department.” 

KOMO conducted a poll with Strategies 360 that found that approval of SPD has plummeted since last year. Everyone continues to love hating the City Council. And Bruce Harrell is less popular than pickleball. 

The light rail came out on top in terms of popularity. 

The expansion of light rail, fav 84% unfav 14%The Seattle Kraken, fav 68%, unfav 6% A potential new NBA basketball team in Seattle, fav 61%, unfav 15% Pickleball, fav 44%, unfav 11% Bruce Harrell, fav 41%, unfav 35% The Seattle Police Department, fav 33%, unfav 64% The Seattle City Council, fav 20%, unfav 70%
Source: KOMO News (https://komonews.com/news/local/poll-finds-strong-support-mass-transit-professional-sports-seattle-voters-strategies-360-nba-franchise-opinion-civic-pride-crime-homelessness-drug-use-housing-affordability-upcoming-election-coverage#)

The New Drug Bill

Tobias Coughlin-Bogue, the associate editor at Real Change, had an op-ed this week in the South Seattle Emerald about the recently passed drug bill and what a performative waste of time the whole process was. I am going to share a few quotes from it, and I highly recommend you click over and read the entire piece for yourself.

“Long story short, under the new bill, the experience of people suffering from substance use disorder in our city will be, as it has always been, almost entirely dependent on what kind of mood cops are in.”

and

“Why, when we are facing unprecedented crises in housing affordability, homelessness, climate change, public transit, mental health care, infrastructure, and many, many other areas, are we playing political theater? Why is our City Council so obsessed with the optics of things rather than the actuality of them? Why, when we need policy that rapidly and tangibly improves the material reality of everyday Seattleites, do we get nonbinding resolutions and 26-member task forces and symbolic commissions and studies that no one ever reads?”

Marcus Harrison Green had an op-ed in the Seattle Times, also about the new drug bill, advocating for funding for treatment and safe consumption sites:

“We already have people dying on our streets and in their homes who will continue to die in the absence of a well-thought-out, well-funded plan. We have people who need drug treatment who can’t find it in an overstretched system. What we don’t have is a serious plan to address this crisis. We have words, failed solutions and unkept promises that will change nothing.”

King County News

King County has announced a new Office of Gun Violence Prevention, to be headed by Eleuthera Lisch, formerly the Director of Public Health Seattle & King County (PHSKC)’s Gun Violence program. And indeed, it sounds like this new office is going to be doing exactly what the PHSKC was already in the process of doing. It will have a budget of $6.75 million; in 2022 PHSKC’s Gun Violence program had a budget of around $6 million. This appears to be mostly a re-organizational move as the overall investment level isn’t increasing significantly, which is unfortunate, since this is an area in which both Seattle and King County are deeply underinvesting in spite of the current need, as I wrote about last June.

Elections are Coming Up

People Power Washington has released their 2023 Policing and Public Safety Voter Guide, which covers the City Council races in Seattle and Burien, as well as the King County Council races.

Recent Headlines

Will ShotSpotter CCTV Cameras Roam Seattle’s Streets Next Year?

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Seattle Budget News

Budget-Associated Events

If you’re interested in learning more about Guaranteed Basic Income (GBI), you can view the presentation and panel of local experts from this week here. If you’d like to contact your councilmembers in support of a publicly funded GBI program in Seattle, you can find talking points here.

If you’d like to read talking points from the Seattle Solidarity Budget, you can read them here. These should be updated to reflect new information learned during issue identification by the end of the day Monday.

Seattle Solidarity Budget is also hosting a virtual public comment workshop on Monday, October 16 from 6-7:30pm. An overview of Solidarity Budget’s call to action will be provided, as well as help writing up and giving public comment. You can register here.

There are two chances to give public comment related to the budget next week. A public hearing for public comment will be held on Wednesday, October 18 at 5pm. CM Nelson also pushed strongly for a public comment period to be added to the budget meeting on Monday, October 16 at 10am. As always, you can also email or call your councilmembers and share your budget priorities and concerns with them.

Investments associated with the New War on Drugs Bill

I finally have a breakdown on the plan for the $7 million for capital costs and $1.4 million for services that Mayor Harrell promised during the discussion of the New War on Drugs bill. 

The $7 million will be spent on two facilities; we’ve already spoken about the post-overdose site at some length, but the other facility will be an outpatient treatment center for individuals with opioid use disorder and/or other drug dependencies that will offer low-barrier access.

As for the $1.4 million, it will be spent for the following:

  • $470k for existing programs for drug user health and harm reduction
  • $325k for 2 new positions at Health One as well as relevant supplies
  • $582k one-time investment to support service delivery at the post-overdose stabilization center
  • $516k for ongoing costs at the post-overdose stabilization center
  • $164k administrative costs
  • $164k for a planning & development specialist to oversee the work supported by these monies

It is unclear where the money needed to operate the low-barrier access outpatient treatment center will come from.

CM Nelson objected to the use of the funds for harm reduction programs.

Meanwhile, SPD has estimated the requirements from this new legislation will result in it making 700-800 new diversion referrals every year. Right now LEAD is funded with $9.9 million, which allows it to serve 750 program participants. HSD believes this funding level will be sufficient, but how this can be the case when LEAD might not even have enough funding to serve all the new SPD drug referrals, let alone their normal caseload, is something of a mystery at present. Pre-filing diversion programs are also not receiving any increase in funding. 

SPD Budget Issues

The budget issue identification pertaining to SPD was discussed by City Council on Friday afternoon. You can see the presentation and the associated memo. 

Between January and September of 2023, SPD missed its hiring goals by 36, only hiring 46 officers and only 6 of those being lateral hires (meaning those officers are experienced and can be deployed quickly). They had 77 officer separations during that same time period (the projection was 72). Therefore, they experienced a net decrease of officers of 27.

At best, SPD’s staffing will remain flat for 2024, but this depends on an ambitious plan to hire 120 officers next year, with a full 30 being lateral hires. Unless something changes vastly in the next few months, this projection appears to be removed from reality. Iin 2024, SPD is proposing to fund 1,131 sworn FTEs.

SPD expects to exceed their overtime budget by $9.3 million for 2023, reaching a total of $40.6 million for overtime. The total number of events worked by SPD in 2023 was greater than that in 2019 before the pandemic began. Interestingly, Chief Diaz reported the department uses a combination of sworn officers and parking enforcement officers (PEOs) to staff events. 

SPD has been having trouble staying ahead of attrition while hiring new parking enforcement officers (PEOs) this year, so there might be as much as $1.5 million in PEO salary savings to help plug this overtime spending gap. Yes, now that the PEOs have moved back to SPD, it gets to use PEO salary savings as well as sworn officer salary savings. There are 22 open PEO positions right now, and these are planned to be filled by April 2024. 

Finally there was much discussion of the crime prevention pilot, for which the Mayor is asking for a $1.8 million investment that is being paid for by salary savings (the rest of the $8.1 million in projected salary savings for 2024 is being proposed to be spent on additional SPD overtime). $280k would be spent on additional automatic license plate reader technology. The remainder, $1.5 million, would be spent on deploying CCTV cameras with acoustic gunshot locator capabilities (aka ShotSpotter with cameras). 

The Mayor’s Office has chosen the 3rd Avenue corridor, Belltown, and/or Aurora Ave N as potential locations to deploy this new technology, although they are not yet sure how many locations they will be able to cover with the money available. These locations were chosen from SPD data, looking for places where gun violence, human trafficking, and high felony crime concentration are present. There is also no information available on what a scaled up version of this pilot might look like or how much it would cost. 

The Mayor has suggested this new technology would be deployable by March of 2024, even though it would first need to undergo a surveillance technology review and a racial equity analysis. 

A particularly disturbing detail of the plan is the desire to develop an omnibus surveillance policy. This policy would allow any CCTV cameras in the pilot to be moved around the city at will, without having to undergo any oversight from the City Council. The Mayor has said he will engage with each community to which the cameras are moved, but given some of the community engagement efforts we’ve seen in the past from this administration, this loose commitment doesn’t exactly ease fears of potential issues with this policy.

Several councilmembers, including CMs Nelson, Pedersen, Lewis, and Strauss signaled their potential support for this Shotspotter CCTV pilot. 

I will try to cover the new CARE department budgetary issues next week, but in the meantime, you can see their presentation and memo.

Overall Budget Issue

The critical conversation about potential new progressive revenue sources for 2025 and beyond has yet to truly begin, but Pubicola reports the Mayor’s proposed 2024 budget increases the projected 2025 deficit from $212 million to $247 million. 

And what about the JumpStart tax revenues? “Harrell’s budget transfers $27 million from the Jumpstart tax fund to the general fund, an ongoing practice that the council has approved every year for the past several years to keep COVID-era programs going. Much of that includes new spending beyond what the council approved last year in the “endorsed” 2024 budget.”

Other News

The City of Seattle settled with the estate of Derek Hayden, a man killed by SPD in January of 2022. To resolve this wrongful death claim, they paid $1.5 million. 

The trial of the police who killed Manuel Ellis continues in Tacoma. Before she testified on Monday, Ellis’s mother says she found an AirTag tracking device on her car, as well as having her tires slashed earlier on the weekend. As a result, Ellis’s sister alleged witness intimidation.

Recent Headlines

 

Mayor Harrell Has No Plan to Prevent Budget Austerity Next Year

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Guaranteed Basic Income panel:

If this week’s newsletter seems a bit lean, it is because I am spending large amounts of time preparing for Solidarity Budget’s upcoming Guaranteed Basic Income panel. And I hope you’ll consider attending!

When: Tuesday, October 10th, 6-8PM

Where: Rainier Arts Center, 3515 South Alaska St, Columbia City

Food will be served, and I’ll be giving a short presentation on Solidarity Budget and GBI. Then we’ll learn more from a truly amazing line-up of panelists, local experts with lots of knowledge and experience with GBI.

You can RSVP here. If you can’t make it in person, the recording will be available here.

Seattle Budget News:

We’re all discussing Mayor Harrell’s proposed 2024 budget. Released last week, the proposed budget stays largely true to that approved by the City Council last year, but it wouldn’t be budget season if there weren’t some interesting nuggets buried in there. 

Probably most noteworthy is the failure of this proposal to address the large revenue shortfall we’re expecting beginning in 2025. The city could easily be short $250 million in the 2025 budget, and that’s only the beginning of several years of projected shortfalls. 

In order to address this, the city has two main choices: to cut, aka adopt an austerity budget, or to pass new progressive revenue. The Mayor hasn’t proposed any new progressive revenue and says he wishes to leave that problem to next year’s Council. The problem with this approach is that any new progressive revenue passed will take some time to implement and begin to collect, which means if we wait until next fall to discuss this, it will already be too late for any measures to meaningfully impact 2025’s budget. 

And making $250 million of cuts in 2025’s budget will be a painful process that will likely result in fewer services, less money for housing in particular (as the Mayor seems likely to raid JumpStart tax revenues to staunch the bleeding), and potential layoffs for city workers. 

Worse yet, the city will have to turn around and deal with a similarly sized shortfall in the 2026 budget.

Also in this budget proposal are funds for SPD to use Shotspotter, now rebranded as SoundThink, an ineffective gunshot location technology that does nothing to prevent gun violence and disproportionately impacts poor communities of color. If this sounds familiar, it’s because we defeated a similar proposal last year, but apparently the Mayor’s Office felt ready for some Groundhog Day-type antics.

The proposed budget also includes funding for what appears to be 213 ghost cops, or positions for sworn officers within SPD that the department has no plans or ability to fill. This continued position authority, not generally given to any other department, allows them access to their own private slush fund for unfortunate ideas like Shotspotter and officer hiring bonuses that don’t appear to actually work. 

Glaringly absent from the budget is any additional funding for diversion services as was obliquely promised during the discussion about the new War on Drugs legislation passed last month.

The budget also includes increased funding for the city’s dual dispatch alternative response pilot, which I wrote about at greater length this week over at The Urbanist. 

City Council will be meeting for three issue identification sessions around the budget next week, and there will be a chance to give public comment before the first one, at 10am on Wednesday, October 11. As always, you can also email your councilmembers and let them know your budget priorities. 

Other News:

The SPD officer and SPOG VP Daniel Auderer, who was caught joking about Jaahnavi Kandula’s death, has been moved off the streets and assigned to review red-light camera footage. The CPC has called for Auderer to be put on administrative leave without pay while the OPA investigates his case.

Last week Mayor Harrell released his executive order pertaining to the new War on Drugs legislation passed last month. Notably, he defines harm as pertaining to the impact on the ability of others to use shared public space as opposed to actual physical harm of another individual, which seems to confirm this new legislation is mostly another mechanism of control and criminalization over those who are unhoused.

As Publicola reports:

“Harrell’s order is mostly suggestive rather than prescriptive. Officers who believe a person’s drug use inherently threatens those around them can decide, based on their training and “the totality of the circumstances,” to arrest a person or attempt to divert them to LEAD, the city’s primary diversion program. The number of arrests that officers will actually make is constrained by the booking capacity of the downtown jail, which is severely limited due to a shortage of guards.”

The executive order also requires outreach providers to create a “by-name list” of people significantly affected by the opioid crisis in a certain area of the city, which some advocates say is an inappropriate use of such a list.

In addition, the order minimizes the changes to the legislation made by Councilmember Nelson that would have given officers additional discretion over arrests.

Finally, the Stranger reported on the tragic story of Thomas J. Sturges. Ruled incompetent to stand trial due to mental illness, Sturges waited in the King County Jail for almost a year for the state to pick him up for competency restoration, his mother unable to afford to pay his $15,000 bail. Once a hospital “restored” him, he was returned to King County Jail in June of this year. 

The health department was prevented from meeting with him for a few months because of extreme understaffing, even though he needed to see them in order to resume taking medication for his mental illness. By August 27, he was transferred back to the hospital because he couldn’t stop vomiting and had lost almost half his body weight. At his most recent hearing “the judge noted he couldn’t appear because ‘he was severely malnourished in jail.’”

Recent Headlines:

Seattle’s Dual Dispatch Pilot Doesn’t Sound Like a True Alternative Response to Behavioral Crisis

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Seattle News:

Last week the City Council voted 6-3 to pass the drug ordinance that criminalizes simple drug possession and public drug use. CMs Morales, Mosqueda, and Sawant voted against.

The Stranger published a powerful op-ed on #JusticeforJaahnavi: 

The truth is, our communities have been creating safety with each other outside of policing for a very long time. Getting people housed, helping people into well-paying jobs, increasing access to child care, delivering healthy food and good schools–these are all ways that communities create safety. The “safest” communities are never the ones with the most police, they are the ones with the most resources.  

For those less familiar with the vagaries of police accountability, Ashley Nerbovig writes about how Officer Auderer is unlikely to be fired for laughing at Jaahnavi Kandula’s death.

Meanwhile, SPD is already embroiled in another scandal, with audio being uncovered of an SPD officer, Officer Burton Hill, using racist slurs and sexist language towards his neighbor, an Asian school bus driver. He also threatened her with jail. Chief Diaz has put Officer Hill on paid administrative leave pending the investigation. This is yet another piece of evidence showing the racist and toxic culture of SPD. If you’re wondering why the officer gets paid while on leave, you need look no further than the SPOG contract.

Mayor Harrell had a press conference last Thursday on the CARE department, the new third public safety department replacing the CSCC, which will be led by Amy Smith. The new department will consist of three divisions: emergency call takers and dispatchers, behavioral health responders, and community violence intervention specialists. 

Mayor Harrell is proposing CARE’s budget increase by 30% in 2024’s budget, up to $26.5 million. 

The dual dispatch pilot will launch in October, and it will require officers to arrive at the scene at the same time as the behavioral health responder teams, which is very different than the programs in, say, Denver or Eugene, both of which the Mayor cited as models but which handle the vast majority of calls solely with behavioral health responders. Proponents of alternate 911 response who wanted to see reduced contact of communities with police will be sorely disappointed. 

It sounds as if the pilot will mainly be responding to person down calls and so-called “paper calls” that include things like parking issues and noise complaints. When asked why the behavioral health response teams weren’t going to be dispatched to behavioral health-related calls, Chief Diaz remarked that some person down calls do have a behavioral health component, skillfully dodging the question. But from all we’ve learned thus far, this pilot doesn’t sound like a true alternate mental health response. 

When Erica Barnett asked Mayor Harrell if he could give a preview of his proposed 2024 budget relating to diversion and drug treatment programs, given the recent passage of the drug criminalization law that he supported, he was either unable or unwilling to do so, in spite of the fact this new law and the lack of investment details around it have been front and center in the public discourse for weeks. His exact words? “I don’t have a great answer.”

But we’ll get an actual answer when he introduces his proposed 2024 budget tomorrow. That’s right, budget season is upon us! The Mayor will be giving his budget speech at 12:30pm tomorrow. The first opportunity for public comment will be at 9:30am this Wednesday, September 27, after which the Council will have their first meeting reviewing the proposed budget. After that, expect a slight lull as everyone scrambles to analyze the budget proposal and consider what changes to it they might want to see. 

King County News:

Last week the King County Department of Adult and Juvenile Detention (DAJD) announced they were ending their contract with SCORE that the King County Council passed in a controversial vote this spring. The contract only began in June and has already been deemed a failure because the number of inmates eligible to transfer to SCORE wasn’t enough to make a dent in the crowding at the King County jail. There have also been four deaths at SCORE since the beginning of the year, an absurdly high number. 

Unfortunately the issues with the King County jail continue, and the failed SCORE contract has meant a delay in addressing them in other ways. The DAJD has now said they plan to reopen bookings at the Maleng Regional Justice Center in Kent on October 2. One can only assume booking restrictions at the King County jail will need to remain strictly enforced, in spite of the new Seattle drug law on the books.

Recent Headlines:

Scandal Rocks SPD as City Council is Posed to Vote to Give Them More Power

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Seattle News:

The new war on drugs legislation was voted out of the Public Safety and Human Services committee last week 4-1, with CM Mosqueda as the lone vote against. CM Herbold and CP Juarez agreed to expedite the legislation, which means it will receive its final Full Council vote tomorrow, Tuesday, September 19 at 2pm. There will be a chance to give public comment, and you can find scripts here and here.

I wrote more about a few of the amendments considered last week and the dangers of relying on SPD officer discretion while passing legislation that will criminalize substance abuse disorder and poverty in an op-ed at The Urbanist, and I hope you will go give it a read. 

Last week the news broke about SPD officer and SPOG vice president Daniel Auderer minimizing and laughing at the death of student Jaahvani Kandula, who was killed by SPD Officer Kevin Dave when he hit her driving 74mph in a 25mph zone without consistent use of his flashing lights and siren. Erica C. Barnett describes the body cam footage here:

“I don’t think she was thrown 40 feet either,” Auderer told Solan. “I think she went up on the hood, hit the windshield, then when he hit the brakes, she flew off the car. But she is dead.” Then Auderer laughed loudly at something Solan said. “No, it’s a regular person. Yeah.”

We have asked SPOG via email what Solan asked that made Auderer clarify that Kandula was a “regular” person, as opposed to another type of person Dave might have hit.

“Yeah, just write a check,” Auderer continued. Then he laughed again for several seconds. “Yeah, $11,000. She was 26 anyway, she had limited value.” At this point, Auderer turned off his body camera and the recording stops.

Auderer has been investigated for dozens of allegations by OPA during his twelve years at SPD.

Many local electeds have responded to the incident, and it made international news. As Naomi Ishikawa wrote in the Seattle Times: “It was bitterly ironic the recording emerged less than a week after a U.S. district judge ruled the Seattle Police Department had achieved “full, sustained and lasting compliance” with most of the requirements of a federal consent decree intended to improve biased policing and police accountability.”

Over at the Urbanist, Doug Trumm wrote a piece linking this shocking body cam footage to the many failures of public safety in Seattle, including failures of accountability.

Danny Westneat wrote about the problem posed by SPOG’s contempt for those they serve and the lack of trust of SPD. Unfortunately, he doesn’t make clear (or perhaps is unaware of) the differences between regular unions and police guilds, including the historic use of police forces for union busting. You can read more about problems with police guilds and their historic opposition to labor here, here, and here

Gennette Cordova wrote an excellent piece in the South Seattle Emerald busting the myth of police defunding here in Seattle. I suggest going to read the entire piece; here’s a teaser: “To shield police against valid criticism, their proponents often say that police have an impossible job. And, in a sense, they’re right. Data shows that police don’t solve most serious crimes, including murder, rape, burglary, and robbery — and they never have. Furthermore, they certainly aren’t addressing the root causes of crime, so how could a reliance on them ever deliver us a safe society?”

Last week the King County Prosecutor’s Office announced they would not be pursuing criminal charges against former Mayor Durkan, former SPD Chief Best, and other officials who deleted their text messages in 2020, finally closing that embarrassing chapter in Seattle history. None of these officials will be held accountable for their missing text messages.

King and Pierce Counties:

Jury selection was scheduled to begin today for the trial of the Tacoma police officers who have been charged with the murder of Manuel Ellis.

Anita Khandelwal, the director of the King County Department of Public Defense, and King County CM Girmay Zahilay wrote a piece for the Seattle Times about the impossible caseloads and severe understaffing of King County public defenders:

“Public defenders are the latest justice system employees to test their breaking points. Newly published research spotlights the unsustainable caseloads King County public defenders have been working to manage. These caseloads grow even worse daily as experienced defenders qualified to handle the most serious cases quit, leaving a smaller and smaller number of attorneys to handle those most serious cases.     

As this system teeters on the edge of collapse, there is only one path to public safety rooted in reality: focusing King County’s limited legal system capacity on the gravest allegations of illegal behavior. The current volume of prosecutions (over 40% of which are not these most serious offenses) cannot continue without a massive influx of defense attorneys who simply don’t exist in today’s labor market.”  

Recent Headlines:

The End of the Consent Decree is Tied to the Next SPOG Contract

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Seattle News:

The push for a new war on drugs continues. Publicola reports that DESC will be running the new overdose recovery center from its Morrison hotel building on Third Avenue. King County has committed $2 million to renovating the second floor of this building for this purpose, and Seattle will spend $2 million on construction (out of the $7 million total the Mayor said he’d be using on capital projects related to the fentanyl crisis). What the remaining $5 million will be spent on is currently unclear. The slightly more than $1 million Mayor Harrell has been talking about investing every year for services would not be able to fund operations at this overdose recovery center 24-7. This response seems inadequate given King County is about to surpass 2022’s number of overdose fatalities with four months remaining in the year. 

The Public Safety and Human Services committee is scheduled to discuss and vote on the new drug war legislation at 9:30am next Tuesday 9/12, and there will be an opportunity for the public to give public comment at that time (one script is here). If the legislation passes out of committee, it could be voted on by the Full Council as soon as September 19. If, however, the legislation were to stall in committee, the upcoming budget season could potentially delay a final vote until after Thanksgiving.

Speaking of, budget season is coming up fast, with Mayor Harrell’s proposed budget expected on Tuesday, September 26. Solidarity Budget is having their launch event this Saturday from 1-3pm at Rainier Playfield in Columbia City, where attendees can enjoy food, music, a photo booth and more while learning about the city’s budget process and Solidarity Budget’s demands for nine guarantees. For those who wish to volunteer with Solidarity Budget, there will be a volunteer orientation on Thursday, September 14 from 6-7:30pm over Zoom. 

One of the hot topics we can expect to be discussed during budget season is the upcoming gap in Seattle’s General Fund and how and whether the city should pursue additional progressive revenue to fill this gap. Real Change offers a few different opinions on this issue here and here.

A hearing for the consent decree was held on Wednesday, with a written ruling released on Thursday morning. Judge Robart opted to terminate many sections of the consent decree, but not all; he wrote: “As a result, the court finds and concludes that the City and SPD must meet additional milestones to demonstrate sustained full and effective compliance with the use of force and accountability requirements of the Consent Decree and to achieve final resolution of this matter.” He is specifically concerned with use of force as it pertains to crowd control after SPD’s actions in 2020. 

The ruling goes on to lay out a timeline of various tasks that must be completed in order for the consent decree to be fully and finally terminated. Several of the deadlines fall in December 2023, with additional deadlines in the first few months of next year, culminating in a report from the Monitor due March 29, 2024. 

Pivotally, it sounds as though Judge Robart’s willingness to end the consent decree rests on the contents of the next SPOG contract, how it deals with issues of accountability, and specifically whether it enables the 2017 Accountability Ordinance to finally go into full effect. This is an interesting twist, as both Mayor Harrell and SPD are highly incentivized to close out the consent decree, so this warning on the Judge’s part could have ramifications at the bargaining table. In his comments on Wednesday, Judge Robart mentioned that he doesn’t believe issues of discipline and accountability should be a part of bargaining in the first place.

Judge Robart also took another shot at the defund movement, blaming it for Seattle’s struggles to recruit more police, even though police departments across the country are having the same problem. As The Stranger’s Ashley Nerbovig reports, “Defend the Defund organizer BJ Last called it “extremely disingenuous” for the judge to blame the defund movement as the reason why people don’t want to join a profession that increases a person’s likelihood of suicide by 54%.” She also mentioned the Judge’s comments that cop TV shows are “the worst enemy of good police work.” 

For more analysis on how the consent decree has failed in its promise, you can read my op-ed at The Urbanist, where I discuss the high cost of the decree, its removal of community agency, and its failure to address biased policing, including a reminder of Dr. Sherry Towers’s analysis that 1 out of 10 killings in Seattle are committed by a police officer.

King County and Washington State News:

The Seattle Times published a positive piece on the Office of Law Enforcement Oversight (OLEO)’s director Tamar Abouzeid, calling him “an unapologetic reformer who thinks America’s criminal legal system is racist and broken, and needs to be radically changed or scrapped.” OLEO recently released its 2022 annual report. There was a 22% drop in complaints for the year, with the bulk of the drop being for complaints initiated by Sheriff’s Office employees. The number of investigations OLEO declined to certify more than doubled from 2021 to 13% (OLEO certified 101 investigations and declined to certify 15). Deputies with three or more allegations account for approximately 5% of the sworn force, but approximately 40% of all allegations. The number of allegations of excessive force rose from 58 in 2021 to 73 in 2022, but none of the allegations that were closed were sustained.

Meanwhile, over at King County’s Department of Adult and Juvenile Detention (DAJD), the staffing issues are so bad that sometimes corrections officers must work up to 16 hours a day for multiple days, with one officer registering 1000 hours of overtime last year. 60% of officers have doctor’s notes that protect them from having to work overtime, up from 15% in 2018. As Ashley Nerbovig reports, “The jails have what amounts to a 29% job vacancy rate due to the number of actual open positions combined with the number of officers restricted to “light duty.””

In state redistricting news, a federal judge ruled Washington must redraw one of its legislative districts in Yakima Valley and set a progress report deadline of January 8. This deadline means the state legislature would have to convene a special session in order to vote to reconvene the state redistricting commission; if they do not, the court can decide on a new legislative map instead. At present it is not even certain whether the legislature would have the necessary votes to reconvene the commission, even if they were to hold a special session. Therefore, a court decision on a new map seems likely.

Recent Headlines:

 

The Seattle War on Drugs Redux

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Seattle News:

Everyone is talking about the primary results, with some commentators claiming a progressive victory and other publications saying November looks dire for progressives. As always, a strong push to turn out the vote is likely to favor progressives, who will also need to keep fundraising to match the big business dollars pouring into their moderate opponents’ coffers.

Mayor Harrell has announced new “War on Drugs” legislation. As Erica C. Barnett in Publicola reports (bold-faced mine):

“So what does the bill actually do? Exactly what an earlier version of the bill, which the council rejected 5-4, would have done: Empower City Attorney Ann Davison to prosecute people for simple drug possession or for using drugs, except alcohol and marijuana, in public. The substantive portion of the bill, which comes after nearly six pages of nonbinding whereas clauses and statements of fact, is identical to the previous proposal.”

CM Lewis, who voted against the earlier, very similar bill back in June, has said he now plans to co-sponsor it. You can’t make stuff like this up.

He told The Stranger “his time on the Mayor’s workgroup assured him the City intends to front-load treatment rather than send people to jail.” However, the new legislation would not require front-loading treatment, and much of how the system would work in practice would be up to the discretion of the City Attorney–the same City Attorney who unilaterally shut down Community Court only a few short months ago. As The Stranger reported:

“King County Public Defenders Union President Molly Gilbert wanted to empower Seattle Municipal Court judges to divert cases when cops arrest someone, but instead the bill leaves all the power to dismiss charges in the hands of the City Attorney.”

Much of the reporting on this legislation has emphasized the Mayor’s $27 million dollar plan. Not only are none of these new dollars, it is critical to emphasize $20 million of this amount is expected from an opioid lawsuit settlement that will be paid over the next 18 years, a detail that demands scrutiny. Calling this a $27 million plan seems to be a rhetorical hat trick bordering dangerously close to dishonesty, given it will only result in an additional investment of $1.15 million per year for programming.

According to the press release, the remaining $7 million will go “toward capital investments in facilities to provide services such as post-overdose care, opioid medication delivery, health hub services, long-term care management, and drop-in support.”

CM Herbold has said she will hear this legislation in the Public Safety and Human Services committee before the summer recess (August 21 – September 4), which would mean it would have to be on the agenda next Tuesday, August 8.

Seattle’s Public Safety and Human Services committee and the Select Labor Committee is having a special hearing at 5:30 pm on Tuesday, August 8 to hear an introduction to collective bargaining with the Seattle Police Management Association (SPMA), followed by a period of public comment. The SPMA represents fewer than 100 SPD lieutenants and captains, making it much smaller than the Seattle Police Officers Guild (SPOG). The latest SPMA contract was approved last June and lasts through the end of 2023. The City is required to provide a public hearing at least 90 days before opening negotiations with the SPMA to allow the public to weigh in on what should be included in the new contract. 

The SPMA contract is often considered to set the stage for what is possible in the SPOG contract, as SPOG tends to take a more hardline approach to contract negotiations. One unfortunate aspect of both of these contracts is that they tend to linger for years after their expiration before a new contract is agreed upon, creating the necessity for a large dollar amount going towards back pay. While most labor unions do negotiate for back pay should their negotiations run long, this would normally only be for a relatively short period of time (for example, six months). Compare this to the more than two and half years of back pay in play within the SPOG contract currently being negotiated, a number that could easily grow to three or even three and a half years. The evergreen nature of these police guild contracts doesn’t incentivize the guilds to come to an agreement with the City.

On the morning of Thursday, August 10 at the Finance and Housing committee meeting, the Progressive Revenue Stabilization Workgroup will issue its recommendations. Given the $200 million gap between 2025’s projected revenue and expenditures, it behooves the City to consider any options presented very seriously indeed.

King County News:

A fight involving eight kids broke out at King County’s youth jail last week, leading to more room time for kids in the jail this past weekend. Executive Constantine has committed to closing this jail by 2025, but while the daily average population had dropped to 15 in 2021, that number started to creep back up in 2022 and is now up to 34.7. The population the day of the fight was 41. The average length of stay per kid has also increased. The King County Executive Spokesperson Chase Gallagher says the plan to close the jail remains on schedule.

Recent Headlines:

Another Egregious Example of SPD Culture in Action

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Seattle News:

Some shenanigans late last week in Seattle in preparation for All star week, as reported by Ashley Nerbovig:

“Meanwhile, the City so highly prioritized the removal of unhoused people around the stadium that on Friday morning SPD had two detectives from the department’s Special Victims Unit—one of whom investigates domestic violence cases—standing around waiting for one man to pack up his tent and move along. A police lieutenant with SPD’s Directed Outreach Unit, which typically works with the City’s Unified Care Team, stood around waiting as well.”

And what’s going on with Seattle’s drug criminalization task force? Well, it’s been broken into three different groups (court system issues, treatment, and enforcement), and only the court issues group has met so far. The group appears to have agreed that the best course forward involves expanding the Vital program and LEAD, since the Seattle Municipal Court has no additional capacity for more cases and the King County Jail would be unable to increase bookings. Erica C. Barnett with Publicola reports:

 “Lewis said that now that the work groups are meeting to discuss the best way to respond to public drug use, the legislation making public use a gross misdemeanor in Seattle is “almost a Macguffin”—a device that gets the plot going, but isn’t particularly significant in itself.”

On Wednesday, Mike Carter at the Seattle Times broke the story that in January of 2021, a breakroom in the SPD’s East Precinct featured a mock tombstone marking the death of Damarius Butts, who was killed by SPD officers on April 20, 2017. The breakroom was also decorated with a Trump 2020 flag and a protestor’s sign saying “Stop Killing Us.” SPD has so far refused to apologize to Damarius Butts’s family. As Mike Carter reports:

“Ann Butts, the young man’s mother, said his family misses him every day. “I can’t express how hurtful it was to learn that SPD endorsed joking about the killing of my son by displaying a fake tombstone with his name on it,” she said in a statement through her attorney, former King County public defender La Rond Baker. “I didn’t think SPD could take more from me,” she said. “I was wrong.””

At Tuesday’s Public Safety and Human Services committee meeting, the three accountability bodies–the Office of Police Accountability (OPA), the Office of the Inspector General (OIG), and the Community Police Commission (CPC)–gave their mid-year accountability presentation. Of particular note, thus far in 2023 there has been a 46% increased in cases sustained by the OPA, from 13% sustained in 2022 to 19% sustained in 2023. Allegations of use of force have increased slightly in 2023. And if you were wondering what ever happened in response to the infamous Proud Boy ruse of 2020? OIG recommended a new SPD ruse policy in October of 2022, and the draft was submitted to SPOG for review in December 2022. Seven months later…nothing has moved forward. 

There was also a discussion about the CPC’s recent move to no longer allow public comment at its twice-a-month meetings. Co-chair Reverend Harriet Walden said this change was made because she feels threatened by the presence of public commenters, and she referenced their loud voices. She said the commenters are not interested in building the CPC, which seems to imply a resistance on the CPC’s part to hearing criticism from the community. She also said she will call SPD the next time the commenters come to a meeting if she feels threatened; one of the regular commenters is Castill Hightower, the sister of a man who was killed by an SPD officer during a mental health crisis, who could suffer additional trauma if forced to interact with the police in this way. 

CM Lewis said getting rid of public comment altogether goes further than what is generally expected of government practice and suggested the CPC instead develop new policies and procedures to protect commissioners as necessary.

The bill changing certain aspects of the governance of the CPC was also up for discussion and vote. It was confirmed that adding a new Deputy Director position would require an additional $191k to be allocated to the CPC beginning in 2024. Activists oppose passage of this bill without a public forum on its impacts and an audit of the CPC; they are also calling for the CPC to divest itself of involvement in the new Affected Persons Program. The bill passed out of committee with an unanimous vote, with CM Mosqueda being absent, and will be voted on in Full Council on July 18. 

Finally, People Power Washington has released their Voting Guide for the Seattle City Council primaries. Check it out!

King County News:

On Monday, the Washington Association of Sheriffs and Police Chiefs released its annual crime report. As Amanda Zhou from the Seattle Times reports: “In King County, officials saw most violent crime slowly trend downward the first half of 2023, dropping from a high point during the height of the pandemic. But the county’s homicide rate was relatively steady through the first quarter of 2023, with a slight rise compared with the same period last year.”

Washington State

The Office of Independent Investigations, a new state agency, is now ready to begin reviewing past cases where police officers used deadly force. Members of the public can submit previous cases for review here. The office has not yet started investigating new incidents of deadly force.

Recent Headlines:

Seattle’s Alternate Response Pilot a Far Cry from 2020 Demands

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Seattle News:

Yours truly was quoted in a recent Urbanist article about the recent shakeup at the Mayor’s Office, which reports that Tim Burgess will be promoted to Deputy Mayor in Monisha Harrell’s wake. Former OPA Director Andrew Myerberg will also be receiving a promotion to Chief Innovation Officer, which will put him on the executive team. It appears that current Senior Deputy Mayor Monisha Harrell will be staying until the end of the summer.

Senior Deputy Mayor Harrell appeared at Tuesday’s Public Safety and Human Services Department committee meeting to deliver a presentation on the City’s much-delayed dual dispatch response. The City is hiring six mental health professionals and one clinical supervisor; the mental health professionals will be dispatched in three teams of two, with two teams working at a time. When the new program launches, theoretically in October, it will respond to calls such as welfare checks and person down calls, and it will not provide 24/7 response. Monisha Harrell spoke to the potential of alternate response programs to act as preventative measures that address situations before they become emergencies. 

However, this new program ultimately won’t deliver on the hope to have a new non-police emergency response in Seattle, which has been consistently blocked for the last three years by SPD, SPOG, and former Mayor Durkan. As Ashley Nerbovig at the Stranger succinctly summarizes: “A lot of questions about the direction of the program remain, and part of the pilot program includes collecting data to learn what types of calls don’t require police. That data basically already exists, though. The National Institute for Criminal Justice Reform’s 2021 analysis showed that 80% of SPD calls for service involved non-criminal matters. The report also found that about half of all calls did not require a sworn response.” 

She reports that the main difference between this pilot program and the already existing Crisis Response Team is that with the new program, police will be allowed to leave the scene if they decide their presence is unnecessary. This might reflect a recent change in the pilot design as in the past, the dual dispatch plan has been described as having police staged nearby in case backup was needed, which is a key difference as police being directly on the scene can have an escalating effect. In any case, it seems clear the new pilot deviates from the model proven by the successful CAHOOTS and STAR programs.

Meanwhile, the overdue white paper was not mentioned.

On Tuesday the Mayor held a press conference to discuss his downtown activation plan, but he was interrupted by a small group of protesters demanding a ban on sweeps during the winter and extreme weather events. According to The Stranger, he got “incredibly flustered” and stated that the press conference “had them outnumbered at least.” Expect local groups to take notice of the Mayor’s discomfort with protestors and increase their direct actions in response.

Publicola reported on the substance of the proposal, which is mostly a repeat of what the Mayor has announced before: “And, of course, it assumes a heavier police presence downtown—a mostly unspoken, but bedrock, element of the proposal. “Make Downtown Safe and Welcoming” is actually number one on the plan’s list of seven priorities, starting with arrests of people “distributing and selling illegal drugs” (and, presumably, using them—Harrell mentioned that a bill criminalizing drug possession and public use will likely pass in July).”

Mayor Harrell’s office has released a memo on OPA findings about former SPD Chief Carmen Best. Because Best refused to participate in the investigation, the OPA said they were unable to find sufficient evidence to determine whether several of her statements in the summer of 2020 were “knowingly false.” The Mayor’s memo acts as a toothless rebuke, as Best will suffer no repercussions for her actions, even as the Capitol Hill Seattle Blog reports that “Best’s use of information and inaccurate statements fits into a pattern of disinformation and “improper ruses” used by SPD during the protests.”

SPD Officer Constantin, who was fired for his social media posts, had his appeal dismissed after he failed to appear. Former SPD Officer Adley Shepherd’s appeal (he was suing the City after being fired for punching a woman he’d arrested and handcuffed) has also been dismissed.

County, State, and National News:

The King County Sheriff’s Office has been ordered to reinstate a deputy they fired in 2021 for killing an unarmed man who was wanted for the theft of a vehicle and a poodle. (The poodle survived.) King County later settled with the man’s family for $2.5 million. Deputy George Alvarez, who already had five shootings under his belt at the time of the incident, will return to the department, although he will not be reinstated to the SWAT team. As Publicola reports, Tamer Abouzeid, the director of OLEO, hopes the outcome of this case could lead to changing the burden of proof of administrative investigations to a preponderance of the evidence, which is a lower burden of proof than the current standard used of clear and convincing standard. 

In the last three or so months, nearly 400 inmates in the King County Jail have been moved to the Maleng Regional Justice Center (MRJC) in Kent. MRJC  now houses about 40% of the average daily jail population, up from around 25%, while the population of the downtown jail has been decreased by about a third. Right now, SCORE is housing 30 jail residents for King County. 

Meanwhile, Larch Corrections Center in Clark County will be closing this fall. It is one of twelve prisons in Washington State. Apparently the Department of Corrections is also finally developing a plan to reduce the use of solitary confinement in Washington prisons, after strong grassroots advocacy for legislation that would ban such use entirely, given that solitary confinement that lasts more than 15 days is recognized as torture by the United Nations and various human rights organizations.

Scott Greenstone at KNKX recently published an excellent piece outlining the lack of drug treatment facilities in Washington state and consequences of the new Blake fix drug law. While legislators and the governor insist the new law is meant to help people get more treatment more than it is to increase incarceration rates, there is a serious lack of treatment facilities in the state, and the existing facilities often have wait times of several months. We don’t know the full extent of the problem because “it’s unclear how many beds are actually sitting empty right now in Washington: The system is so complicated and poorly tracked, neither the governor’s office, nor the Washington Department of Health, nor the Healthcare Authority could provide those numbers.” And the urgency of the problem is increasing: while the number of people getting treated for substance use disorder has stayed relatively flat, the number of overdoses has skyrocketed in recent years.

The article also features noted addiction expert Caleb Banta-Green, who spoke to his feelings of discouragement after the new law was passed, as well as his worries that it will “make it easier to shut down clean-needle exchanges, and force people into an ineffective treatment system.”

Nationwide, we’re seeing a drop in the murder rate, as reported by Radley Balko: “If trends continue, 2023 will see the largest percentage drop in murders in U.S. history. The drop will be driven primarily by large declines in big cities. This would seem to undermine the argument that the 2-year rise in homicides during the pandemic was driven by criminal justice reform, George Soros’s favored prosecutors, or policing shortages.”

Housekeeping:

I’ve received a few pledge requests through Substack, so I just wanted to give you a reminder that if you want to support Notes from the Emerald City via subscription, you can do so through my Patreon.

Recent Headlines: