WA State

Advocates Oppose New Juvenile Solitary Confinement Legislation in King County

Seattle News:

Another lawsuit has been filed against SPD Chief Adrian Diaz, this time by SPD Captain Eric Greening, who is alleging Diaz discriminated against women and people of color. Greening is the sixth SPD employee to file a suit against Diaz in the last four and a half months. This count does not include the lawsuit filed by Officer “Cookie” Boudin against the department last November, also alleging racial and gender discrimination. 

SPD Officer Daniel Auderer, the SPOG VP who was caught on body cam footage mocking the death of Jaahnavi Kandula, finally had his Loudermill hearing last Thursday. This was the last necessary step before Chief Adrian Diaz announces his disciplinary decision, which he must do within three weeks of the hearing. It is unclear if the timing of this hearing will affect Auderer’s receipt of the backpay negotiated in the new SPOG contract should the Chief decide to fire him. 

Gennette Cordova wrote an op-ed in the South Seattle Emerald about the continued problem of violent and racist policing in the U.S. I suggest reading the whole thing, but here is a taste:

“Due to a massive hole in our budget, our entire city is plagued by a spending freeze and, in many departments, significant cuts — except for the police. Not only does their budget continue to grow but, this week, the council will vote on paying Seattle Police officers $96 million in back pay and raises, on top of their $400 million budget, while adding zero accountability measures.

As we approach the anniversary of George Floyd’s death, let this serve as a reminder that the pervasive problems with policing, and the issues that arise from the systemic defunding of social programs, that were all highlighted four years ago — are now worse. If making our communities, and our country as a whole, safer is a priority for you, we must renew the fight that so many left behind in 2020.”

The SPD recruitment bill passed Full Council this week with two amendments, one that requires more reporting on the 30×30 Initiative to recruit women officers and one that adds childcare provisions. The vote was unanimous, although Councilmembers Woo and Strauss were not present. The continued push to recruit women officers given the 30×30 report last year saying current women officers wouldn’t recommend working for SPD, as well as so many recent lawsuits alleging sexual discrimination, is concerning. 

Another women died at the SCORE jail this March, raising the total death tally for the jail to 5 individuals in a period of a little over a year, which is quite high. SCORE has still to file 2 of the 4 reports required for the previous deaths. Rumors continue that the Seattle City Council and Mayor are considering a contract with SCORE for booking low-level misdemeanors that the King County Jail currently won’t book. Another possibility on the table is a contract with the Issaquah City Jail. As PubliCola reported, at least 2 people died at that jail last year. 

There was a court ruling on May 10 regarding a group of protesters arrested in early 2021 for writing in chalk on the barrier around the SPD East Precinct, after which they were booked into the King County Jail counter to the currently standing booking restrictions. In the case of Tucson et al v. City of Seattle et al, the judge found that the decision to book the protestors was due to “City policy or practice to discriminate against anti-police protestors.” The judge further denied qualified immunity to the nine SPD officers named in the suit.

At next week’s Public Safety committee meeting, councilmembers are expected to receive an overview of the 30×30 Initiative and SPD’s latest 2024 Staffing and Performance Metrics report. Not on the agenda is further discussion of the Automated License Plate Reader (ALPR) legislation. The Community Police Commission (CPC) said in its latest newsletter that Councilmember Bob Kettle is seeking feedback on the ALPR proposal. Here’s one quick way to send that feedback.

King County News:

At their Law and Justice committee meeting this week, King County councilmembers held a discussion on proposed legislation to modify the definition of solitary confinement for juveniles. This legislation was first discussed back in the fall with the stated purpose of of being able to provide one-on-one programming to juveniles in detention, but it was put on hold due to some legal questions. Now it’s back on the docket, and the ACLU Washington, the King County Department of Public Defense, Team Child, and Choose 180 all turned up to speak against the new legislation. 

Chief among their concerns are the many exemptions this legislation would put in place that could extend the current 4-hour limit on juvenile isolation, which is currently the main protection for youth. Other concerns are a lack of time restrictions for one-on-one programming, which has the potential for abuse, and the lack of language prohibiting solitary confinement for juveniles due to lack of staff, as the Judge Patricia H. Clark Children and Family Justice Center (CCFJC) has been struggling with staffing along with the King County Jail. King County Public Defender Anita Khandelwal commented that the ordinance banning juvenile solitary confinement has been “chronically violated over the last several years.” 

She continued, “Just this past week, one of our clients advised her attorney that she and the other girls only got out of their cells for a normal amount of time twice out of the eleven days she’d been in custody.”

Councilmember Claudia Balducci said she supports a ban on isolation in juvenile detention, but that the amount of violence in the facility has been increasing the last couple of years, the vast majority of which are youth assaulting other youth. She spoke of the need to protect the youth in the County’s care from being assaulted by others. She acknowledged that restrictive housing being used due to staffing issues is a problem.

The legislation would also allow a person alleging to have been injured by a violation of the county’s solitary confinement policies to recover reasonable litigation costs and make ongoing independent monitoring and reporting of the facility permanent. 

The Law and Justice committee normally meets once per month on the fourth Wednesday, so unless an extra meeting is added to the schedule, the earliest this legislation would be up for discussion and possible vote would be June 26. 

Washington State News:

We have news of how much was paid in the new Washington state capital gains tax for 2023: $433 million, down from $786 million paid last year, which was the first year of the new tax. As KUOW reported:The top 10 payments accounted for $142 million this year compared to $394 million last year.” This volatility is particularly interesting as one of the most mentioned progressive revenue options for Seattle is a city-wide version of this tax. 

Recent Headlines:

 

Advocates Oppose New Juvenile Solitary Confinement Legislation in King County Read More »

Council President Nelson Pushes Back Against Experts’ Opinions

Seattle News:

At this week’s Governance, Accountability, and Economic Development Committee meeting, Council President Sara Nelson hosted a discussion on draft legislation of an “SPD Recruitment Ordinance.” The ordinance as currently drafted would do the following: 

  • make permanent an SPD recruitment and retention program, moving 3 positions created by a previous ordinance for a recruitment manager and two recruiters into SPD
  • encourage the Public Safety Civil Service Commission (PSCSC) to consider the use of the entry level police officer exam used by multiple other agencies in Puget Sound region (known as the PST test)
  • asks PSCSC to make personal contact with officer candidates within 48 hours
  • requests PSCSC increase frequency of eligibility rosters to every 2 weeks
  • add to police exams unit in HSDR a new position for more robust candidate support (a position that will be paid for in 2024 with vacancy savings in SPD recruitment and will cost $146k/year extra starting in 2025)

There appears to be a small amount of friction between city council members and the Mayor’s Office over the details of this bill, as the Mayor’s Office would like to move only 2 of the recruitment positions to SPD, with the third going to PSCSC. However, the Mayor’s Office is reportedly looking to see if they can accommodate the council members’ desire in their reorganization plans. 

Council President Nelson said that while PSCSC Director Andrea Scheele had expressed concern that switching entrance tests would lower standards, she doesn’t believe that would be the case. It is unclear why she believes this, given it is Director Scheele’s literal job to review and assess these exams.

She also said that only 5 jurisdictions within Washington State are using the test used for SPD officers-–the NTN test-–although Council Central Staff member Greg Doss later corrected her, saying 27 cities in Washington use the NTN test, as well as all the West Coast Seven cities. 

Councilmember Kettle suggested using both tests, and while Doss said three jurisdictions in Washington do use both tests, he suggested doing so would be complicated and have legal ramifications. All three jurisdictions who do so have developed a special pre-employment process to make sure using both tests remains fair. It seems likely SPD would likewise have to develop a new pre-employment process in order to use both tests.

Council President Nelson also discussed how this legislation was changed to use discretionary language when it came to the PSCSC after receiving input from the law department. However, she says she has been closely reading the City Municipal Code herself and thinks it is unclear who gets to select the test. 

There have been many stories about the new proposed SPOG contract, on which SPOG members are currently voting.

The headlines sum up the situation: the contract represents a huge raise for SPD officers (we don’t yet know the full fiscal impact on Seattle’s overall budget) and almost no accountability improvements.

Even The Seattle Times editorial board agrees the proposed contract would be a mistake, writing, “To strengthen bonds between cops and communities, Seattle leaders must ensure that any new labor agreement fully implements the city’s landmark 2017 Police Accountability Ordinance.”

An attached MOU to the proposed contract lists some duties that could, were this to be approved, be taken on by civilian employees. As The Stranger reports, “Instead of creating serious police alternatives that could save the City money and help alleviate staffing shortages at the department, the MOU outlines civilian roles that look more like personal assistants to cops and that protect cushy positions wholly unsuited for some of the City’s highest-paid employees.”

As I wrote at The Urbanist:

Noteworthy in this list is the item regarding wellness checks. The MOU with SPOG passed last year allowed the new Community Assisted Response and Engagement (CARE) team to respond to two call types: person down and wellness checks. This new MOU places additional restrictions on wellness check response, saying civilians can only respond to these calls “where the identified individual known to the caller does not have any history of or current suicidal ideations, significant health problems including mental health, history of or fighting addiction, history of or concerns of domestic abuse, or is living in one of the City’s ‘wet houses.’” Some advocates are concerned these additional parameters could mean wellness checks able to be performed by CARE civilian responders will be few and far between. Indeed, this definition appears to preclude the idea of an alternate civilian emergency response to mental health crises, a policy strongly supported by Seattleites.” 

This concerning news comes at the same time that U.S. Rep. Adam Smith has begun touting a new federal investment of $1.926 million into Seattle’s CARE program. He says, “This funding will help launch the CARE Department, which will support the Seattle Police Department and Seattle Fire Department by diverting health mental health, substance use disorders, and related wellness services calls to this new civilian-run department.” Apparently he hasn’t read the new SPOG proposal nor The Stranger’s reporting on how CARE’s dual dispatch is currently going.

Meanwhile, PubliCola reports that many city workers who just had a new contract approved, including retroactive pay raises for 2023 and 2024, won’t be receiving those payments until at least October, which would be six months after agreeing to the bargaining agreement. It is unclear whether a new contract with SPOG would face the same delay in payout.

At this week’s Public Safety committee meeting, councilmembers heard a report on the OIG’s latest use of force assessment for SPD. Some noteworthy points from the presentation:

  • The counts of force against Black, Hispanic/Latino, and other minorities increased. 
  • Unknown race for both subjects with complaints of pain and civilians subject to pointing of a firearm increased substantially in 2023.
  • 2022 and 2023 years had no Type III and no Type III use of force in response to behavioral crisis for the first time since 2015.

At the presentation, Chief Operating Officer of SPD Brian Maxey bemoaned that “the same communities that complain about over policing complain about under policing.” He said the goal is to police based on need rather than by demographics. The presenters stated that the data showing increased use of force against Black and Latino community members wasn’t enough to draw conclusions of bias in what came across as “thou doth protest too much.” The Inspector General of the OIG, Lisa Judge, said they want to do a deeper dive to better understand what is driving “that particular snapshot of use of force.” 

A female lieutenant at SPD, Lauren Truscott, has made a complaint against SPD’s Lt. John O’Neil, the head of public affairs. The OPA has opened an investigation around this complaint. 

As KUOW reported, Truscott believes SPD’s acceptance of sexual harassment and discrimination comes from the very top and has called for new leadership: ““Women are being marginalized and dismissed, and no one is listening,” Truscott said. “We should never be treating employees as though they’re disposable. They are our most valuable commodity, but especially during a staffing crisis.””

The Loudermill hearing for Officer Daniel Auderer, the SPOG VP who was caught on bodycam joking about Jaahnavi Kandula’s death, was supposed to be held on April 1, but it was delayed.

The City Attorney’s Office finally filed a complaint against Seattle Municipal Court Judge Pooja Vaddadi for a case in which an assistant city attorney was disqualified from a case. A Superior Court judge found that Judge Vaddadi had acted properly. Nevertheless, the City Attorney’s Office is still continuing to prevent Judge Vaddadi from presiding over criminal cases.

Lisa Daugaard, Co-Executive Chair at Purpose Dignity Action, tweeted that the program CoLEAD, which provides lodging for unhoused people with behavioral health issues, has “shrunk from 250 rooms to 130 and a year from now will likely be down to 60.”

PubliCola published an update on how things are going with the new Seattle drug ordinance criminalizing public drug use and possession, saying that it doesn’t seem to have made more than superficial changes to the level of drug use. And there are other problems: “According to municipal court records, the average time between an arrest under the new drug law and when the city attorney files charges is about 70 days; more than half of the people charged under the new law had to wait 90 days or more for Davison’s office to file charges. This is in sharp contrast to Davison’s promise, in 2022, to decide whether to file charges in all criminal cases within five business days after her office receives a referral from the police department.”

The entire article is well worth the read.

Other News:

The Renton City Council has increased the hiring bonus for lateral police hires for the Renton Police Department. Formerly lateral hires received $10k upon hire and $10k after completing a one-year probation period. Now they will receive $20k upon hire and $20k after completing a one-year probation period, for a total of $40k per lateral hire.

Gun sales in Washington, which increased last year as the legislature passed new gun control laws, have plummeted so far in 2024. As measured by background checks, gun sales in January and February were cut in half this year compared to last year, and March gun sales were down 70%. You can read more about gun sales in the state here.

King County officials are considering whether they can begin their own corrections officer training program, with Prosecuting Attorney Leesa Manion asking Attorney General Bob Ferguson whether counties have the legal authority to do so. The state Criminal Justice Training Center does not support this idea. 

A man who died at the ICE facility in Tacoma last month had been held in solitary confinement for nearly all of his 4-year internment there. He spent nearly a decade in solitary confinement in state prisons before being transferred, so all together he spent more than 13 years in solitary confinement. ICE said he was in solitary confinement for “disciplinary reasons.” The Department of Correction reports 8 people have been held for over 500 days in the most severe restrictive housing. 

The Seattle Times reports: “The agency’s disclosure about Daniel’s time in state custody calls attention to the broad use of solitary confinement, not just by U.S. Immigration and Customs Enforcement. And it raises more questions about whether Daniel’s prolonged periods of solitary contributed to his March 7 death at the Northwest ICE Processing Center.”

Recent Headlines:

 

Council President Nelson Pushes Back Against Experts’ Opinions Read More »

New SPOG Contract Would Reportedly Give Police More Money Without Additional Accountability

Seattle News:

The huge news in public safety in Seattle this past week has been the announcement of a tentative new contract between the city and the Seattle Police Officers Guild, or SPOG. The last contract was approved in 2018 and expired at the end of 2020, so this new contract has been a long time coming and provides one of the few opportunities to make real improvements to Seattle’s police accountability. 

However, news in that regard is not good. While the full contract has not yet been released, PubliCola reported that “The city approved a contract with the Seattle Police Managers Association last year that included new accountability measures, but SPOG’s contract reportedly fails to replicate many of these measures.” The new contract would also only apply until the end of 2023, while the next contract that would begin in 2024 is in mediation and could be delayed for an indefinite amount of time.

While it sounds like we won’t be seeing necessary accountability measures in the new contract, what we will be seeing is raises and back pay for police. PubliCola reports that retroactive wage increases for the past three years (2021-2023) would amount to a 23% pay raise: “The raises would increase the starting pay for new officers, before overtime, from just over $83,000 to nearly $103,000. Officers who have worked at SPD for six months would see their base pay increase to $110,000, and so on up the seniority line.” These raises would mean SPD officers would be receiving the highest base pay in the region. 

If this sounds like terrible negotiation strategy to you, giving SPOG members a huge raise while not making real gains in accountability, then we are in agreement. But we’ll have to wait to see the contract to see exactly what is happening here. 

In other labor news, the City Council finally voted on the contract with the Coalition of City Unions, which provides a 9.7% cumulative raise: 5% for 2023 and 4.5% for 2024. City workers will also receive raises in 2025 and 2026 based on the region’s consumer price index. 

How will this affect Seattle’s budget? The Stranger reports that the City has the money to cover the extra $10.5 million this contract will cost for 2023 and 2024 because of saving $20 million from this year’s hiring freeze and JumpStart bringing in $40 million more than anticipated in 2023. Looking forward into 2025, the contract will cost $11 million more than expected, potentially bringing the budget deficit from $230 million to $241 million. (That being said, it’s possible the remaining hiring freeze savings and extra 2023 JumpStart monies might be applied to decrease this deficit, although of course spending JumpStart funds outside of its spending plan is a fraught question.)

What we don’t yet know is how much that deficit will be affected by the new SPOG contract. 

Washington State News:

You can check out my interview with WA state legislature candidate Shaun Scott in the Urbanist from earlier this week.

Results from the latest Healthy Youth survey are out; this is a biennial survey for Washington state students designed to assess their mental health. Crosscut reported that “improved health behaviors and mental health along with increased social support were among the findings from this year’s survey, in comparison to 2021 results. At least seven in 10 reported feeling moderate to high hopes in 2023.”

The article goes on to quote Maayan Simckes, the principal investigator for the survey, theorizing that the improvements in student mental health might be due to increased supports at home and school, with almost 60% of youth saying they had an adult to turn to when they felt depressed. 

That being said, while things have definitely improved, we still have a lot of young people suffering in the state. 55% of 12th graders and 49% of 10th graders said they’d been “unable to stop or control worrying in past two weeks,” while 32% of 12th graders and 30% of 10th graders said they’d been “feeling sad/hopeless in past year.” 15% of both 10th and 12th graders considered attempting suicide in the past year. 

I’m also struck by that 40% of youth who did NOT have an adult to turn to when they felt depressed. We still have work to do. 

Housekeeping:

I’ve received several Substack “pledges” in recent weeks with notes about wanting to support local journalism, which I think is fantastic! However, I’m not going to turn on Substack’s subscription service. Instead if you’d like to support my work, you can do so with a monthly donation through my Patreon or through a one-time donation via Paypal.

And of course, I applaud you if you’re offering your support to any of our fine local media outlets, such as Real Change, The South Seattle Emerald, PubliCola, The Stranger, or my current home The Urbanist.

Recent Headlines:

New SPOG Contract Would Reportedly Give Police More Money Without Additional Accountability Read More »

All Kinds of Power Struggles in Seattle This Week

Seattle News:

This week there are some interesting follow-ups on developing stories we’ve discussed in the past.

First, Publicola reported that CM Nelson plans to propose legislation that would require the Public Safety Civil Service Commission (PSCSC) to switch police officer tests to the Public Safety test. The current National Testing Network test is more rigorous and was developed with the City of Seattle’s consent decree in mind. The Public Safety test, on the other hand, has a 90% pass rate on the first try. Contrary to what Nelson said in the previous public safety committee meeting on the topic, this seems likely to in fact compromise the standards for police officers in Seattle.

But the plot thickens! The PSCSC has sole authority over developing and holding testing, and changing this would require a law change. From the Publicola article: “Courts have upheld the PSCSC’s authority in the past, Scheele notes. “The last time the Council passed an ordinance undercutting the commission’s independence it had to be repealed,” she said, after a state appeals court ruled that the city council acted outside its authority when it passed a law moving many of the PSCSC’s “substantive” duties, including officer testing, to the city’s Human Resources Department.” So a court case regarding this issue may be in our future. 

Meanwhile, hiring new officers has become difficult across the country and is much more likely to be related to the fact that perceptions of being a police officer have shifted and people aren’t as interested in pursuing a career in law enforcement. 

Relatedly, SPD issued a tepid and disingenuous defense of their treatment of female officers. On the same day, KUOW published an investigative report on sexism and harassment within the department that emphasized how scared these female officers were to even speak to the press: “These women started talking with each other and agreed to speak with KUOW on condition of anonymity, because they feared retaliation. Floyd was the only one to let KUOW identify her. The women said that if found out, they could be investigated for speaking to the press without permission. One woman shook through her interview with KUOW. Five women declined to speak with KUOW, saying through intermediaries that they were scared of retaliation.”

In other news, City Attorney Ann Davison charged the six protesters at a City Council meeting in February with gross misdemeanors for trespassing. And we also got some more information about why Davison might have made the decision to disqualify Judge Pooja Vaddadi from all criminal cases at Seattle Municipal Court. The Stranger reported that Davison asked a higher court to review Vaddadi’s decision to disqualify an assistant city attorney from prosecuting a case. The day after this decision of Vaddadi’s was the day then-Criminal Division Chief Natalie Walton-Anderson sent out the infamous memo that I covered here, announcing the new policy of disqualifying the judge from all future criminal cases.

The Stranger published an in-depth piece on the problems currently faced by Seattle’s dual dispatch program, aka the “alternative” emergency response program that doesn’t follow the best practices of such programs run elsewhere. Ashley Nerbovig reports that the program is currently underutilized and mostly getting referrals from SPD instead of from 911 dispatch. Here is a particularly pertinent quote from the article:

Right now, Smith acknowledges the City is watching whether this program can exist without pissing off either the police or fire union. Police union president Mike Solan has expressed a distaste for police alternatives, appearing to view them as an insult to SPD officers. The City’s contract with SPOG prevents it from shifting any work from sworn-officers to civilians without negotiations. Given how much leverage the City has already given away in the MOU, and given the repeated emphasis from the Mayor and the council on hiring more police officers as the only solution to public safety concerns, it seems unlikely that they’ll push hard to take lower-priority work off the plates of officers who constantly complain about having all this low-priority work on their plates. The other lingering question is whether the City plans to actually fund the program long-term.” 

Finally, Publicola reported on two smaller stories. First, the City Council are having embarrassing budget conversations in which they call out problems of efficiency with the budget that do not in fact exist. And second, CM Bob Kettle exposed City Hall to COVID when he knew he’d been exposed but did not choose to work from home until he got a positive test. For those who are unaware, it is in fact possible to spread COVID before you test positive. 

Jail News:

The Seattle Times reported about a 24-year-old who hung himself while in the Klickitat County Jail last year while withdrawing from fentanyl, which highlights how underprepared many Washington jails find themselves for dealing with the current fentanyl crisis. The article says, “As of 2019, Washington’s county jails had among the highest death rates in the nation. Suicide has been the leading cause of death in the state’s jails and in jails nationally.”

And Publicola reported on the death of a woman in the SCORE jail last year. She died of dehydration, malnutrition, low electrolyte levels and renal failure. 4 people died in the SCORE jail last year, which is a very high number given its population. About the fatality report, Publicola had this to say: “The report said Majoor was well-known to staff at SCORE and implied that this may have led to inadequate care: “Over familiarity with the decedent and previous detox experiences were discussed as possible issues.””

At the King County Law and Justice committee meeting this past week, councilmembers discussed the plan to close the County’s juvenile detention facility. In 2020 Executive Dow Constantine promised to close the facility by 2025, but that date has been recently pushed out until 2028, and judging by the committee discussion, is likely to be pushed out even further. Indeed, some councilmembers did not seem convinced that actual achievement of zero youth detention will ever be possible.  

The main points of contention appear to be whether the newly proposed respite and receiving centers for youth would feature locked doors and what the differences might be between security and safety. 

Councilmember Jorge Barón spoke eloquently about the problem, saying, “It strikes me as a failure of our society that we have people at a young age engaged in harm-causing behavior, including very serious criminal behavior. We need to really reflect on that. What kind of society are we creating and how do we change that?” He spoke about how the current system contributes to harm-causing behavior rather than reducing it. 

The County will start public engagement on the Care & Closure plan soon, as well as releasing recommendations for improvements that can be made to the existing facility that can be included in Constantine’s budget proposal this fall. Meanwhile, the advisory committee will continue to meet to hash out the question of security vs. safety.

Recent Headlines:

All Kinds of Power Struggles in Seattle This Week Read More »

2024 Has Not Been Kind to Seattle Protesters Thus Far

Lots to cover from the last two weeks! Let’s get right into it. 

Seattle News:

First off, King County prosecutors declined to prosecute SPD Officer Kevin Dave, who ran over pedestrian Jaahnavi Kandula going 74 mph in a 25 mph zone last year, killing her. The case was referred by SPD as a felony traffic case last summer, and now the Prosecuting Attorney’s Office has said they would be unable to prove felony charges beyond a reasonable doubt. The Stranger reported thatDave joined the department in 2019 and received a hiring bonus. He previously had his Arizona driver’s license suspended in 2018 for unpaid traffic fines and failure to appear in court, according to reporting from DivestSPD.” The OPA will now re-start their own investigation of Dave: “the formal complaint against Dave accuses him of behaving unprofessionally and violating the emergency driving policy, among other potential violations.”

This week, six protesters were arrested at the full City Council meeting on Tuesday. Council President Sara Nelson limited public comment to 20 minutes, in spite of there being many present to ask for help funding housing for asylum seekers currently camping outside a Tukwila church. CP Nelson called for security to clear the room, and then when protestors continued to bang on windows from outside, CM Cathy Moore asked for a police presence to arrest the individuals. You can read more about her remarks here.

As a result, six protesters were arrested and booked into the King County Jail, where they were each required to post $1000 for bail. Given the current booking restrictions at the jail, this is particularly noteworthy. This follows the case pursued by the Seattle City Attorney brought to trial about the Stop the Sweeps protester who tried to prevent an RV from being towed for a few minutes while its owner obtained a spare tire. 

Also taking place this week was the “final” hearing on the three new surveillance technologies being proposed for SPD: AGLS, CCTV, and RRTC software. Seattle Solidarity Budget submitted a letter opposed to these technologies signed by over 70 community organizations and 1,200 individuals. At the end of this hearing, it was announced the public comment period for these technologies was being extended until March 22. You can fill out feedback forms about these technologies here, and you can find talking points to help you here. You can also read more about the final public hearing here.

In accountability news, the two SPD officers who waited 20 minutes to respond to a shooting call, first reported on by DivestSPD, were given a day off without pay as a consequence. The SPD communications office has been experiencing turmoil lately; since its head, Lt. John O’Neil was appointed in August 2022, the division has experienced turnover of “more than 100 percent,” per Publicola, and an office that previously had 3 men and 3 women is now all men, with one of the women leaving SPD and the other two accepting demotions of rank and now working in patrol.

SPD Officer Mark Rawlins is being investigated by the OPA after throwing a handcuffed 58-year-old Black man onto the ground, an action that was reported by King County Jail supervisors. Rawlins has been investigated by the OPA in 8 different cases since he joined SPD in 2017.

Washington State News:

A bill might be passing the legislature this session that would allow DACA recipients to work as police officers and firefighters. Many supporters of this legislation say it would help hire more police officers.

This week the legislature is also looking into significantly reducing the rules around police pursuits, even though studies show these sorts of chases have been killing 2 people per day in the US the last few years. The new initiative would allow police to start a car chase if they had any reason to believe the person violated any law, which could include traffic infractions and other low-level, non-violent offenses (or no offense at all). This represents a significant rollback of reform initiated in previous sessions.

The Seattle Times ran an in-depth piece examining the current crisis of public defenders in Washington State. There aren’t enough public defenders, which causes a vicious cycle of absurd case loads, burnout, and long wait times to receive free legal advice. 

Recent Headlines:

2024 Has Not Been Kind to Seattle Protesters Thus Far Read More »

Washington State Has 4th HighestJail Death Rate in the US

Seattle News:

As one of her first acts as Council President, Sara Nelson has fired Central Staff Director Esther Handy. In her place will be Ben Noble, a denizen of Central Staff from the days of Bruce Harrell and Tim Burgess. Noble most recently served as the Mayor’s Budget Director and then the Director of the Office of Economic and Revenue Forecasts. 

The Stranger has this to say about this move:

Though axing the head of central staff fits within her purview as president, Nelson’s highly atypical move flies in the face of the new council’s “good governance” messaging. Replacing a perceived progressive with a clear fiscal conservative makes a mockery of the purported objectivity of central staff.”

However, Publicola reports that Noble “is widely known for his old-school commitment to neutrality, which is one reason he has survived at the city for 23 years under a wide range of mayoral administrations and council members.” Most of the current Central Staff has not worked with Noble, who left Central Staff in 2013.

The Council’s main piece of business right now is appointing a replacement for CM Mosqueda, who holds one of the two city-wide Council seats. The Council received 72 qualified applicants. They are holding a special meeting tomorrow, 1/12, with a public comment opportunity starting at 2pm. At this meeting they will decide on the finalists for the position, as well as deciding which community organization will host the public forum that will take place sometime next week. The two organizations in the running are the Transit Riders Union and Seattle CityClub. 

The new council members are also busy hiring their staff and getting their offices in order. CM Hollingsworth of D3 has hired Anthony Derrick as her chief of staff. Derrick has served in the past as Communications Director for the City Attorney’s Office under Ann Davison and as Mayor Durkan’s press secretary. She also hired Logan Bowers as her policy director, who you might remember for his unsuccessful primary run for the City Council D3 seat in 2019.

While the Black Lives Memorial Garden in Cal Anderson Park was forcibly removed in late December, it sounds like that area’s legacy of sweeps is continuing, with another sweep occurring late in the evening of January 4. Before the removal of the garden, it had been swept 76 times

Bryan Kirschner wrote an op-ed in The Urbanist discussing the inefficiency of SPD. To understand the full thrust of his argument, I suggest reading the whole piece, but here is a sample:

If you’re seeing a pattern here, it’s that the mayor and police chief kneecapped the department’s ability to investigate serious crime in order to backfill officers handling calls that don’t require officers to handle.

We know with 100% certainty that they did not need to do this, because other police departments are already using alternative responders to handle these types of calls.”

King County News:

Choose 180 has announced a new executive director: Nneka Payne.

CM Mosqueda has been sworn in as a councilmember of King County, and she will be chairing the Health and Human Services committee. Not only does this committee oversee issues relating to affordable housing, but it also has purview over the County’s gun violence prevention programs, which reside under Public Health.

Washington State News:

A Seattle Times op-ed discusses our state’s jail fatality crisis and demands better (and independent) oversight:

What we found demonstrates that immediate action is required. Even accounting for Washington’s population growth, the Washington jail death rate nearly tripled between 2000 and 2019 — an increase 16 times that of the national average. Outpacing other states, Washington now has the fourth-highest rate of jail deaths in the nation.”

The internal investigation of the officers responsible for the death of Manual Ellis has been completed, but the release of the findings is being delayed until next Tuesday, January 16. Meetings between the officers and the police chief are scheduled to take place this Friday. This investigation will determine whether the officers in question can remain at the Tacoma Police Department.

House Bill 1994, a bill that would “allow defendants in misdemeanor or gross misdemeanor cases to request a dismissal if they complete court-ordered conditions that vary by case,” received a hearing on Tuesday. King 5 goes on to report: 

“The bill’s prime sponsor, Darya Farivar (D) 46th District, said that most people who enter the criminal justice system do so because of their disabilities, and this bill will reduce an overwhelmed prison system and reduce the rate of recidivism. 

“What this bill does is it allows our only neutral party in the courtroom to make a decision that could lead to increased success in a more meaningful way than incarceration has been proven to do in the past,” said Farivar. “This is not a blank check to anyone. This is an opportunity to be creative and to meet people where they’re at, which I think is really missing in our criminal legal systems.””

Unsurprisingly, City Attorney Ann Davison opposes this bill. 

National News:

The Guardian ran a story this week on 2023’s record number of killings by the police in the US: “Police in the US killed at least 1,232 people last year, making 2023 the deadliest year for homicides committed by law enforcement in more than a decade, according to newly released data.

On police killings vs the national homicide rate: “The record number of police killings happened in a year that saw a significant decrease in homicides, according to preliminary reports of 2023 murder rates; one analyst said the roughly 13% decrease in homicides last year appears to be the largest year-to-year drop on record, and reports have also signaled drops in other violent and property crimes.”

On disparate impacts on people of color: “In 2023, Black people were killed at a rate 2.6 times higher than white people, Mapping Police Violence found. Last year, 290 people killed by police were Black, making up 23.5% of victims, while Black Americans make up roughly 14% of the total population. Native Americans were killed at a rate 2.2 times greater than white people, and Latinos were killed at a rate 1.3 times greater.”

Recent Headlines:

 

Washington State Has 4th HighestJail Death Rate in the US Read More »

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

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 End of the Consent Decree is Tied to the Next SPOG Contract Read More »

Another Egregious Example of SPD Culture in Action

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:

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

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:

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SPD Responsible for 1 out of 10 Killings in Seattle, Data Scientist Says

Seattle News

First up, I wrote an article for The Urbanist about the proposed drug legislation being voted on in Seattle next week. If you’d like to email your councilmembers and/or give public comment at the City Council meeting next Tuesday June 5, you can find a quick email submission here, and scripts here and here. It looks like the vote will be a close one.

Late last week, City Attorney Davison informed the Seattle Municipal Court she will no longer be participating in their community court, effectively shutting it down. Those people on the High Utilizers Initiative list were already barred from using community court, which was a court for people who had committed certain low-level crimes. This step is likely to significantly add to the caseload of the City Attorney’s prosecutors. It will be interesting to see how the office’s case clearance rate, rate of dismissals, and attrition rate will be impacted by this change in the months to come. CM Lewis has been vocal in defense of community court, tweeting, “Misinformation about Seattle Community Court success rates is circling in the media, so let’s get a few things straight. Approximately 75% of people who enter Community Court complete the program, and 80% of them go on to commit no new criminal law violations.” 

It has come to light that during the 2020 George Floyd protests, SPD called for help from at least 23 different law enforcement agencies. Officers from these agencies were not ruled by SPD policy relating to use of force, reporting, and accountability, and used weapons such as “Stinger” rubber pellet blast grenades, 12-gauge beanbag “shotgun” rounds, military style SAF smoke, HC smoke, and Aerial Flash-Bang devices. As Glen Stellmacher reports:

If SPD holds a backdoor policy that allows for the use of these weapons, that policy is not available to the public, nor are the conditions for the use of these specific weapons. If SPD solely relied on communication with these agencies to prevent the use of certain types of weapons, that dialogue appeared chaotic and indecisive.”

There were at least 547 uses of force by these other agencies during the 2020 protests, and it doesn’t look like any of them were investigated by the OPA. The OIG is performing an audit about SPD use of “mutual aid,” but no results of this audit have yet been made available to the public. It also appears that SPD orchestrated their infamous Proud Boy “ruse” because they didn’t know how to deal with crowd control without their mutual aid partners.

Meanwhile, Seattle has spent a whopping $20.1 million on outside legal fees for four lawsuits related to the 2020 protests.

The 2020 protests are also haunting Bob Ferguson, who launched an exploratory campaign for governor at the beginning of May. He announced the endorsement of former SPD Chief Carmen Best on Twitter this week. His base in Seattle didn’t take kindly to this news, as Best admitted to deleting text messages and was in charge of SPD during the tear gassing of Seattle neighborhoods during the 2020 protests. 

On the Consent Decree

This week, Judge Robart held a hearing in response to the DOJ and City of Seattle’s request for reduced oversight and an imminent end to the consent decree that has been in place for over eleven years. While it is unclear when the judge will issue a ruling, he signaled he will be rewriting parts of the proposed order but that overall he is proud of the work SPD has done under the consent decree. Not everyone agrees with this assessment:

“Ultimately, Seattle’s experience shows consent decrees to be a trap — one that results in more expensive police departments, but which leaves untouched the violence at the heart of policing. Consent decrees first offer communities validation for the harm police have caused them, along with a promise of someone else coming in and “fixing” the police. In practice, they cut off community voices, inflate police budgets at the expense of everything else, and legitimize the very police force that continues to harm the community.” 

Meanwhile, data scientist Dr. Sherry Towers wrote to the judge before the hearing to share some alarming findings, saying, “During my examination of police shooting and homicide data from 2015 to 2021[*] in my research, I found that the rates of police killings per homicide in Seattle were significantly higher than in other areas of the US (nationwide around 3% to 4% of all homicides were due to police killings, whereas in Seattle during that time period that number was 11%, well over twice the national average – to put this in perspective, one out of ten people killed in Seattle since 2015 was killed by a police officer).” 

She went on to say, “I found that by all measures I examined, fatal police violence and racial disparities in police shootings became worse after the consent decree, both in total number and per homicide.  In addition, significantly more police officers were involved in each shooting incident after the consent decree (2.5 on average), compared to before (1.5 on average), and police shootings became significantly more likely to be fatal.” 

Finally, a particular wrinkle of police union contract bargaining was discussed at the hearing. In general, if the negotiations between the City and the police union reach an impasse, the next step is to go to interest arbitration. However, the only issues that are allowed to go to interest arbitration are those that were included in the list of contract issues to be bargained that is created at the start of negotiations. So if a new issue comes up in the middle of negotiation, that can’t be forced into interest arbitration. This had huge implications for the 2017 police accountability ordinance, which hadn’t been included on the list of contract issues for the SPOG contract that was approved in 2018. 

Recent Headlines

 

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