Auderer

Former SPD Chief Diaz remains in the news

We’re playing a little bit of catch up, so in this issue we’ll review the news from the first half of July.

Seattle News:

The City Auditor’s Office released a report last week on how the city should optimally respond to overdoses and crime: namely, by implementing a place-based approach to addressing the fentanyl crisis. It suggests measures like activating sidewalks, SPD investigating fatal overdoses, doing more in line with the Rainier Beach: A Beautiful Safe Place for Youth project, and using evidence-based approaches to drug use like medications, harm reduction, and recovery housing and wrap-around services.

Four female SPD police officers have filed a lawsuit against the city and SPD, alleging a pattern of sexual and racial discrimination, harassment, and a hostile work environment, specifically naming former Chief Adrian Diaz and Lieutenant John O’Neill. They had originally filed a tort claim but are now seeking a jury trial. They say “recent revelations by the former police chief are “inconsequential” to the case.”

According to payroll documents, Diaz is still listed as “chief of police” making a salary of $338,000 per year while he remains on personal leave. His successor, interim Chief Sue Rahr, is making $349,000 a year. 

A profile piece in The Seattle Times reported that Rahr “made two demands of Burgess: First, that she’d be paid like a permanent chief, even though her tenure would likely only last for six months; and second, that neither Burgess nor Harrell nor the City Council would dictate how she ran the place. She must be free to hire and fire.”

A request for help: former SPD Chief Adrian Diaz threatened to sue PubliCola and journalist Erica C. Barnett about an article covering his interview with Jason Rantz in which he came out as gay. As a result, PubliCola has incurred significant legal fees. PubliCola is one of the foremost local news publications in our region, and I encourage you to donate to help them pay their legal fees if you can afford to do so. As Barnett wrote, “If public officials can silence journalists by threatening them with baseless lawsuits, it isn’t just one publication that’s vulnerable—it’s any journalist who makes powerful public figures mad by reporting on them, providing analysis, and holding them accountable.”

The three police accountability partners–the Office of Police Accountability (OPA), the Office of the Inspector General (OIG), and the Community Police Commission (CPC), gave their mid-year reports to City Council last week.

An anonymous letter to the city council, written by a whistleblower from within the OPA, alleges that the OPA and OIG deliberately ignored complaints of harassment and workplace discrimination against former Chief Adrian Diaz. 

The vice president of SPOG, Daniel Auderer, who was taped joking about the death of Jaahnavi Kandula last year, had his Loudermill hearing with interim SPD Chief Sue Rahr last Wednesday. Rahr has 21 days from that date to decide what discipline he will be receiving.

Pierce County prosecutors are deciding whether to charge SPD’s Deputy Chief Eric Barden for domestic violence. They are also looking into the serious allegation that Barden asked a Pierce County deputy to include false information in a police report, relating to a different domestic violence incident. Barden has been provisionally added to the Brady list, and after an internal investigation by SPD, Pierce County will decide whether he will remain on the list. The Seattle Times reports that “the court documents reveal a bitter back-and-forth breakup between Barden and the woman, with allegations of abuse on both sides.” 

Seattle appears to be pushing forward with a deal with the SCORE jail in Des Moines, so expect more news about this later in the summer. 

King County and Washington State News:

I don’t think I can put it any better than King5’s headline: Washington sees overall decrease in 2023 crimes despite worst officer staffing rate in US

Washington decided to suspend intakes at two juvenile rehabilitation facilities: Echo Glen’s Children’s Center and Green Hill School. Instead of entering these facilities, children will be held at county facilities until population numbers drop. We can expect to see this decision have impacts at the King County youth jail, as the facility is already at pre-pandemic population and suffering from understaffing. The youth jail was not designed with extended stays in mind and has already come under fire for over-using solitary confinement to deal with its staffing woes. 

On Friday, forty-three men over age 21 were transferred from Green Hill to adult prisons. In May, the King County Department of Public Defense filed a petition that conditions of confinement at Green Hill had reached the point of being “unconstitutionally cruel.” According to Washington State law, the forty-three men should have been held in juvenile detention facilities (such as Green Hill) until age 25. Columbia Legal Services sued the state department back in 2022 for unlawfully transferring three men without due process and are currently looking at their options for enforcing the settlement agreement. 

Last week King County and Seattle announced the beginning of their 100 Days of Action against gun violence. King County has pledged $1.6 million to be spent during the 100 days on community-based violence intervention programs and the Harborview hospital-based intervention program. King County Councilmember Girmay Zahilay announced a proposal to allocate $1 million for a longer-term gun violence prevention strategy; this legislation will be voted on by the King County Council on Tuesday. More on this from me soon.

Recent Headlines:

Former SPD Chief Diaz remains in the news Read More »

License Plate Reader Expansion Moves Forward in Seattle; if Approved, Will Represent the Largest Deployment of the Technology in Washington State

Seattle News:

At the public safety meeting on Tuesday, councilmembers voted to pass the legislation to greatly expand license plate readers (ALPRs) out of committee, with Councilmember Moore abstaining. In a blast from the past, I live tweeted much of that agenda item of the meeting

The legislation will now head to full Council for a final vote. CM Moore indicated she would be putting forward separate legislation that would limit the license plate data storage to 48 hours. As the legislation currently stands, SPD would retain the data for 90 days, which would be a reasonable timeframe for outside entities to subpoena for the data from Axon, who will be storing the data. It is unclear how much support this legislation will garner from her colleagues.

One of the more bizarre moments of the meeting was when Chair Bob Kettle stated that if there were going to be any privacy problems with the license plate data, mainstream media such as the LA Times, Seattle Times, New York Times, Washington Post, and CNN would have reported on it. Data provided by the ACLU and UW appeared to be unacceptable. This seems to indicate a fundamental misunderstanding about how the mainstream media and university research operate. 

He also stated Seattle has the best accountability system in the country, which is a bold thing to say given this very system has been crippled since its founding by the SPOG contract.

Andrew Engelson of PubliCola conducted an interview with new interim Chief of SPD Sue Rahr last week. Some key points:

  • Rahr said it breaks her heart that SPD officers don’t feel they’re being embraced by the community: “The officers were—I don’t know how to describe it. I don’t want to say hurt, that sounds a little bit melodramatic. But they want to work with the community and they feel like the community is rejecting them.”
  • She said she wasn’t making command staff changes right now, but would make them if she felt it necessary. She didn’t appear to hold much credence for accusations that command staff were retaliating against officers or weaponizing OPA complaints.
  • She said that because we live in a sexist society, of course our police department is sexist, but didn’t acknowledge any particular issues that might make police departments more susceptible to misogyny than any other institution. She said she wants to focus on the staffing crisis.
  • She doesn’t know what her decisions regarding Officers Auderer and Dave will be, and she said she hasn’t read the reports yet.
  • She said she would support a city contract with another jail (besides King County Jail) if that’s what’s needed to allow for booking of minor misdemeanors that officers feel are necessary.

The death of the student shot at Garfield High School last week, Amarr Murphy-Paine, has rocked the community. There will be a Unity Walk this Thursday at 6pm starting at Jimi Hendrix Park and ending at Garfield High, organized by Pastor Lemuel Charleston and Apostle James Sears. Sears is the Murphy-Paine family’s pastor. 

Other News:

In King County Executive Dow Constantine’s State of the County address yesterday, he proposed “100 Days of Action” to prevent gun violence. The relatively new King County Regional Office of Gun Violence Prevention will be coordinating this work. He said Mayor Bruce Harrell is in agreement and will be making an announcement later this week to advance the collaboration, which would include supporting youth mental health. As always, I am interested in how many resources will be allocated by the county and city to this initiative, as more investment in gun violence prevention is urgently needed.

In a large Washington Post investigation, journalists identified at least 1,800 law enforcement officers who were charged with crimes involving child sexual abuse between 2005 and 2022. “​​When pressed by The Post, some police officials, prosecutors and judges admitted that they could have done more to hold officers accountable in the cases they handled. But nationwide, there has been little reckoning over child abusers within the ranks of law enforcement.”

Nearly 40% of convicted officers avoid prison sentences, and many used threats of arrest or physical harm to make their victims comply. A national tracking system for officers accused of child sexual abuse does not currently exist.

Recent Headlines:

License Plate Reader Expansion Moves Forward in Seattle; if Approved, Will Represent the Largest Deployment of the Technology in Washington State Read More »

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 »

The Seattle City Attorney Has Been Busy

Personal News:

I had a novel come out this week! My Stars Shine Darkly is a YA science fiction novel and a dystopian romance. 

Book cover of My Stars Shine Darkly by Amy Sundberg, showing a teenage girl in a fancy dress and a golden Venetian mask

“In a story awash with Shakespearean intrigue and hijinks, join our intrepid heroine as she struggles against the dystopian patriarchy of her world.”

You can purchase it here or request it from your local library.

Seattle News:

Soon after I hit publish on my issue last Friday, the news dropped that the Seattle City Attorney’s Office would be filing an affidavit of prejudice on Seattle Municipal Court Judge Pooja Vaddadi on all criminal cases going forward. I dug more deeply into the issue with my story at the Urbanist. Perhaps most concerning is how this decision undermines the independence of the court from other branches of government.

Meanwhile the court is also in turmoil because of the rollout of a new case management system this week that has been bumpy at best. As The Seattle Times reports: “Court hearings have been exceedingly slow. Where it previously took a half a day to work through first appearances, when a judge sets bail, it’s now taking a full day, meaning some people are spending longer in jail than they otherwise would.

Yesterday at the State of Downtown event hosted by the Downtown Seattle Association, City Attorney Ann Davison said shesupports setting a limit on the number of times a person is allowed to overdose in public before they’re arrested and booked into jail.” While this law would supposedly only go into effect if a person refused treatment after an overdose, in practice treatment is often unavailable.

The City Attorney’s Office also announced they would be charging SPD Officer Kevin Dave, the officer who struck and killed Jaahnavi Kandula, with what amounts to a traffic ticket. Publicola reported that Dave received a hiring bonus of $15k after being hired in November of 2019: “Dave was previously an officer in Tucson, Arizona, but was fired from that previous position in 2013 after failing to meet minimum standards during his 18-month probation period.”

Daniel Auderer, the SPOG vice president who got caught in a recording laughing at Kandula’s death, was scheduled to have his disciplinary hearing with Chief Diaz this past Tuesday. Auderer has not yet had his pre-termination or “Loudermill” hearing, which would be required before he could be fired.

In other news, Publicola reported that SPD is continuing to operate under a crowd control policy that is against the law. SPD ignored the city’s new less-lethal weapons law (passed in 2021) for a few years before finally submitting a proposal in December 2023:

“Accompanying the policy: A memo from SPD denouncing their own proposal as “dangerous” and unworkable and asking the court to instead approve the department’s existing “interim” crowd control policy, which does not ban or substantially restrict the use of a single less-lethal weapon.”

The article goes on to state, “Antonio Oftelie, the court monitor overseeing the consent decree, told PubliCola that his office and the DOJ have decided to step back and see if SPD, working with the mayor and new city council, can come up with a policy in the first quarter of this year that complies with the consent decree and is something all sides can live with.

One example of SPD ignoring the new law was back in February when they dispersed a Pro-Palestine rally with pepper balls, which wouldn’t have been available for use if SPD had a policy in line with the existing legislation.

Mayor Harrell announced a new contract with the Coalition of City Unions with the following specifications:

“The proposed contracts include a 5% Annual Wage Increase (AWI) retroactively applied for 2023 and a 4.5% AWI for 2024, totaling a two-year 9.7% adjustment. The 2025 AWI will be based on a two-year average of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bellevue-area with a 2% floor and a 4% cap. The 2026 AWI will be calculated similarly but then be increased by 1% with a 3% floor and a 5% cap.”

The contract has already been approved by union members and will now go for a final vote before City Council. It is currently unclear to me whether this increase in wages has already been calculated into the city’s looming deficit for 2025. According to Publicola, city departments are preparing plans to lay off employees (while already operating under a hiring freeze).

King County News:

This week Executive Constantine announced a five-prong strategy for addressing the fentanyl crisis and preventing overdoses. The five prongs are as follows:

  1. Treatment: launching a 24/7 buprenorphine prescribing line; increasing staffing for both the youth and adult mobile crisis programs; hiring 6 new community navigators to connect people with treatment
  2. Behavioral health beds: partnering with Pioneer Health Services to open 16-bed residential treatment program for people with both mental health and substance abuse disorders; re-opening a 24/7 SUD sobering center; opening post-overdose recovery center
  3. Overdose reversal meds and fentanyl testing: distributing more naloxone kits and test strips; testing drug samples; increasing number of fire depts providing leave-behind naloxone
  4. Behavioral health workforce: adding 100 apprenticeships statewide with half in King County
  5. Reduce disproportionality in overdose: investing $2 million in disproportionately impacted populations

KUOW reported that no new money is being allocated for this project, and when exactly any of this will happen is unknown. Neither Executive Constantine nor anyone else at the press conference would specify a timeline. Clint Jordan of Pioneer Human Services, however, did comment on when a 16-bed residential treatment program could open.

“We’re targeting a six month open,” Jordan said. “I think that puts us in October, November, somewhere in there.””

WA State Legislature News:

Initiative 2113, which changes the state-wide policy on vehicular pursuits, was passed in the state legislature on Monday. Unlike the reform on pursuits passed in 2021 and then weakened in 2023, this initiative doesn’t restrict pursuit based on type of violation in any way. Opponents say this change will almost certainly cause collateral damage, likely leading to more deaths and injuries. As Publicola reported, “Going back to 2015, Morris found that of 379 people killed by police in Washington state, 26 percent involved vehicular pursuits. Of the 32 deaths in Washington caused by collisions during pursuits, more than half were bystanders, passengers, or officers.”

Crosscut reported on two new gun control laws that are likely to make it through this year’s legislative session: one on reporting stolen guns and another on gun dealer security measures. 

Speaking of, this year’s legislative session is officially over. The WA State Standard reported that “Republicans had a pretty good year” and “big progressive priorities flared out.” 

Recent Headlines:

The Seattle City Attorney Has Been Busy Read More »