City Attorney’s Office

People Still Don’t Want to Work for SPD

Seattle Public Safety Committee Meeting

Amy Sundberg
Good morning and welcome to Seattle’s Public Safety and Human Services committee meeting. Four are present (CM Mosqueda absent).
Yesterday morning Seattle had its last Public Safety and Human Services committee meeting before the summer break. The Mayor’s proposed new Director of the OPA, Gino Betts, was present for a drive-by introduction, and he will be back before the committee for a Q&A and committee vote on his appointment on September 13, which would potentially tee up the Full Council vote on his appointment for September 20, conveniently right before the madness of budget season is upon us. You can read his appointment packet here.
But the real interest of yesterday’s meeting was Greg Doss’s quarterly update on SPD’s staffing, finances, and call response times. Surprising nobody who has been paying attention, there have been 109 separations of sworn officers from SPD in the first six months of 2022, at odds with SPD’s previous projection that there would be 94 separations for the ENTIRE YEAR. Yes, you read that right. There have been 30 hires so far in the first six months of 2022, which doesn’t exactly put SPD on track for reaching their hiring projection of 125 for the year either.
These numbers mean there will be significantly more salary savings for 2022 than anticipated. However, SPD thinks they will burn through all this extra salary savings and might need even more money by the end of the year, primarily because of overtime spending, although also because of the costs of the hiring incentives bill the committee discussed at this meeting.
In a particular feisty moment, CM Lewis agreed that we don’t have the capacity to stand up alternative responses in the next few months because we should have taken the actions other cities took two years ago, a fairly safe political shot at now departed Mayor Durkan. The Council’s continued frustration at the lack of alternatives is palpable, although CM Herbold reported the joint workgroup on the subject between the Mayor’s Office and Central Staff has finally begun, and it sounds like the Mayor’s Office may be softening towards the idea of trying one or more alternative response pilots, an idea that has been memorialized in the latest consent decree filing.
As for the hiring incentives legislation being discussed, it was more of the same as has already been discussed this year, offering hiring bonuses for new recruits and lateral hires as well as providing money for more HR staff/support for SPD, more marketing, and the police chief search. It’s just now a slightly higher amount than previously discussed. One cannot help remembering CM Nelson’s comments earlier this year that it didn’t matter what the money was spent on as long as they did something, and this bill definitely feels more like a performative “Look! We’re doing something!” than a tangible, data-backed plan to actually improve public safety in Seattle. Indeed, rumors have been circulating that hiring bonuses or no, it could easily take ten years to return to pre-pandemic SPD staffing levels, meaning alternative plans are going to be needed to address public safety regardless of where on the defund spectrum any particular elected official may fall.
The legislation passed 4-1 with CM Mosqueda casting the only nay vote. In order to display “urgency,” the legislation will probably be voted on next week at Full Council on August 16 even though it would normally be delayed due to the split vote (otherwise the vote wouldn’t be until September because of the Summer Recess). You can read another account of the meeting here.

Other Seattle News

CE Bick
Tonight’s @SeaCPC Community Engagement Meeting in which incoming @SeattleOPA Dir. Gino Betts starts in a few minutes. I’ll be live-tweeting the meeting on this thread. 🧵
Last night the CPC held a “community conversation” with proposed Director of the OPA Gino Betts, which you can read about in more detail in the Twitter thread above. Why did I put community conversation in quotations? Because partway through the meeting, Felicia Cross, the Community Outreach Manager at the CPC, said the purpose of the meeting was actually to welcome Mr. Betts to Seattle as opposed to giving community a chance to ask him substantive questions, an assertion that showed a lack of respect for all the community members who took time from their busy schedules for what had been advertised as a conversation. To give a bit of flavor, earlier in the meeting, a retired SPD officer appeared to suggest the public needs to participate in training so as to avoid being harmed or killed by the police, and an impacted family member of someone killed by SPD was told the only way to get things done (read: possibly slightly improve things) was to agree to sit down with Betts at a later date, even though they had already clearly articulated the actions they wished to see. All in all, not the most successful meeting.
The contract for Seattle’s participatory budgeting project was finally signed last week, with a community vote on potential proposals projected for March-April of 2023.
There are two more community conversations about the new SPD police chief scheduled for this week:
Will Casey at The Stranger wrote an analysis of the Seattle City Attorney Office’s High Utilizer Initiative (HUI), finding more than half of the prolific offenders targeted by this program have a history of mental illness that means they are ineligible for misdemeanor prosecution. The initiative also replicates the criminal legal system’s racial disparities. Oops. Casey suggests a potential alternate course of action for the City Attorney’s Office:
On a systemic level, the City Attorney’s Office could use its influence within Seattle’s public safety debate to make the case that the city, the state, and the federal government needs to spend more money to build more supportive housing and to expand behavioral health services now.
Those investments would take time to change the daily conditions on Seattle’s streets, but they would also make clear for the public that the people who should be “held accountable” for our public safety crisis are the politicians at every level of government who have repeatedly defunded our social safety net since the Reagan administration.
Last week the Seattle Redistricting Commission did indeed agree on a final proposed map, which follows the proposal given by the Redistricting Justice for Washington coalition fairly closely. You can read more analysis on the new proposed map here and here. There will be two more public forums coming up to give feedback on the map.
Finally, Carolyn Bick published a retrospective of the last year of their work on problems with Seattle’s police accountability system, which is a great review and resource.

Recent Headlines

Recent criminal justice news and commentary 8.8.22

CE Bick
INBOX: From @kcexec Dow Constantine’s office, a media statement regarding a person who died in custody. This statement says that the person’s death was announced this week and that King County jail staff are investigating this death — which, again, occurred under KC jail’s watch. https://t.co/Mc252xfdSi
Mistaken detention of Black Seattle driver prompts lawsuit | The Seattle Times

People Still Don’t Want to Work for SPD Read More »

Seattle To Get Alternate Response Service in…2024? 2025?

News from the Seattle Mayor’s Office

This week my favorite podcast, Hacks & Wonks, featured a conversation between host Crystal Fincher and Senior Deputy Mayor Monisha Harrell on the topic of public safety. I highly recommend listening to the entire podcast or reading the transcript to get insight into what the Mayor’s Office is thinking at this time, but I’ll pull out a few highlights for you.
First, it sounds like the Mayor’s Office is serious about instituting a new third department of public safety to go along with the fire and police departments. While this idea sounds great in theory, the timeline is less inspiring: Senior Deputy Harrell said they hoped to have a white paper on this by the end of the year (2022), would then begin structuring the department in 2023, with hopes of deploying the new department in 2024. If the Mayor’s Office decided to work with existing community groups, much of this work could be expedited, but that doesn’t seem to be the way they’re leaning at this moment.
If that timeline makes you feel sad, the news only gets worse from there. When asked about the current SPOG contract negotiations, Senior Deputy Harrell said the priority for this contract is definitely accountability; one reason for this, of course, is the Mayor’s desire to exit the consent decree. [She] went on to say: “…some people will want to jump ahead and say, well, let’s negotiate what the third department looks like and the trading off of those roles. The police contract is only three years and we’re already one year into a three-year contract. We can negotiate the roles of that next contract in the next cycle.”
Let’s break that down a bit, shall we? The contract currently being negotiated will run till the end of 2023. The subsequent contract could easily take another year or more to negotiate, meaning it might not be done until the end of 2024 or even into 2025, which would be after the next mayoral election. Any related state legislation is likely to focus on accountability, not alternate response, at least if we’re going by past years’ efforts. So we might be waiting several years before bargaining about alternate responses could bear fruit.
Another option not discussed on this podcast episode might be making the argument that SPD cannot currently meet its functions due to its staffing shortage, making alternate response necessary to meet the public safety obligations in the City’s Charter. UW saw some success in defending its recent alternate response against officers’ objections, although it used a different defense due to its status as an educational institution. Regardless, alternate response in Seattle continues to face an uphill battle.
Well, you might say, at least we’ll get a better contract as it pertains to accountability. But Senior Deputy Harrell says, “It will probably take us, it will take us more than this contract to get to a fully civilianized team, investigative team at OPA.” So keep those expectations lowered for now.

Seattle News

Seattle City Council is expected to vote on the resolution and legislation about SPD hiring incentives/moving costs/etc. next Tuesday, May 24 at 2pm. You can give public comment at the meeting or call/email your council members to give feedback. More information and scripts are here.
Also on Tuesday is the next Public Safety and Human Services committee meeting at 9:30am. The agenda has not yet been released, but we might be hearing from the Mayor’s Office about their work on analyzing alternate response, as detailed above.
At this week’s council briefing CM Herbold reported the OPA Director search committee will be meeting again sometime this week and is getting ready to start interviewing candidates.
Carolyn Bick has released a few valuable Twitter threads recently. One of them is a live tweet of this week’s CPC meeting:
CE Bick
Today’s @SeaCPC meeting agenda has a review and vote on an MAR for Terry Caver and a “community conversation” regarding stop-and-frisk (and, presumably, the racial disparity data in the Monitor’s most recent Comprehensive Assessment). Meeting 🧵
https://t.co/qEs0fXduds

The other is a helpful overview of Monitor Oftelie’s Comprehensive Assessment of the SPD submitted to the court overseeing the consent decree. For more about the assessment, you can also read Will Casey’s scathing review, which he concludes with the fiery “This is all to say that when you bungle the only tool that could theoretically compel at least some real police reform, you don’t leave accountability advocates many options other than Becoming Abolitionists.”

CE Bick
Okay! As promised, here is a longer thread breaking down the revamped @monitor_seattle @AntonioOftelie‘s Comprehensive Assessment (May 2022). 1/
https://t.co/BVlGUi7jtw

Meanwhile, Carolyn Bick also received three leaked communications for the Seattle City Attorney’s Office regarding that pesky Seattle Human Rights Commission voting to apply for amicus status with the federal court overseeing the consent decree. It looks like someone really doesn’t want that to happen. Two commissioners have been forced to resign following the vote, as their employers deemed their service to constitute a conflict of interest. Exactly what the Seattle Human Rights Commission will do going forward remains unclear.

State and County News

If you’re interested in the new 988 service being rolled out in July, there was a great piece about a recent fact-finding mission to Arizona led by legislators Manka Dhingra and Tina Orwall who want to overhaul the way Washington State deals with mental health crises. “Senator Dhingra’s ultimate goal involves standing up a statewide crisis response infrastructure that operates 24/7 with enough capacity to treat every person who needs medical help during a crisis.”
And Crosscut‘s Brandon Block wrote a piece about American Rescue Plan Act money (federal relief money due to the pandemic) being used by local jurisdictions for law enforcement, including: buying new squad cars, buying new body cameras, giving $10k retention bonuses to sheriff’s deputies in Pierce County, paying officer salaries, and buying new tasers. Not exactly the first use of money that comes to mind when thinking about addressing the huge amount of need that has arisen as a result of the pandemic.
Oh, and the King County Council confirmed Patti Cole-Tindall as King County Sheriff yesterday.

Recent Headlines

Seattle parking officer fired over lynching comment gets his job back

Inslee taps former judge to lead new agency investigating police use of deadly force | The Seattle Times

Slog AM: Pierce County Sheriff’s Deputy Shot Someone, Scientists Get Plants to Sprout in Moon Dirt, and Washington’s Anti-Tax Clown Won't Go Away - Slog - The Stranger

Seattle To Get Alternate Response Service in…2024? 2025? Read More »

Arguments Flare Over SPD Hiring Incentives

Seattle News

Amy Sundberg
Good morning, and welcome to today’s Seattle Public Safety and Human Services committee meeting. Public comments are just wrapping up now.
Fireworks exploded at Tuesday’s Seattle Public Safety and Human Resources committee meeting when CM Nelson clashed with Chair Herbold on how the meeting ought to be run. The conflict took place during a discussion on CM Nelson’s resolution regarding hiring incentives for the SPD. Surprising almost no one, SPD is once again having more officer attrition than predicted and less hiring than hoped, leading to the anticipation of between $4. 1m-$4.5m in salary savings for 2022.
CM Herbold introduced draft legislation that would lift a proviso on $650k of that salary savings for SPD to use for moving expenses for recruits and a new recruiter. CM Nelson became visibly upset about this legislation, saying that she’d offered for CM Herbold to co-sponsor her resolution, and after that offer was declined, hadn’t heard anything else. She asked for her own rival draft legislation to be introduced, but as the conversation had already run well over its scheduled time, CM Herbold insisted on closing debate and moving to the next agenda item.
This issue is scheduled for a possible vote on Tuesday, May 10 at 9:30am, when we can see how much further acrimony might be on display. We can expect to see arguments on one side about how incentives haven’t proven to be effective (and indeed, the Mayor has not requested such incentives to be funded) and how we need to spend our money wisely given next year’s anticipated budgetary shortfall versus arguments that most police departments have hiring incentives so they must work and what else would we do with the $4m anyway? (The obvious answer to the latter is, we could in fact do quite a lot with that $4m.)
Perhaps one of the most telling moments of this discussion was when CM Pedersen asked if the City of Seattle has any alternate emergency responses ready to go today. He must have already known the answer, of course, which was a resounding no when it comes to the policing side of things (Health One is on the fire side and responds primarily to non-emergency medical calls.) SPD is slated to present their findings of their 911 call analysis on May 10, a report for which I’m already bracing myself. It is important to remember that much of the power for setting up any such alternate response rests with the Mayor’s Office, which is why so little has been accomplished in this vein thus far due to former Mayor Durkan’s lackluster interest.
Also discussed at the meeting was the case backlog at the Seattle City Attorney’s Office, which I’ve previously covered here. The office only has one last position left to fill in its criminal division, but it still has several pre-filing diversion positions to fill. They expect it to take the rest of the year to review the backlog cases that aren’t being dismissed (almost 2000 are being dismissed) and will be asking for extra money to do so.
As Erica Barnett reports, this week City Attorney Ann Davison also asked the Seattle Municipal Court to allow her to deny “high utilizers” of the criminal legal system access to community court, overruling Judge Damon Shadid, who currently presides over said court. This policy change would result in previous criminal history impacting a person’s eligibility to use community court.
King County Department of Public Defense (DPD) director Anita Khandelwal says Davison’s letter “mischaracterizes Judge Shadid’s statements in the meetings,” which Khandelwal has attended, and “causes me concern about the possibility for good faith negotiations with the City Attorney’s Office given the inaccuracies in their statements.”
This issue is both complex and important enough that I recommend reading the complete article in Publicola when you get a chance.
Meanwhile, gotta love this headline:

Other News

I’ve been receiving a lot of questions lately about the new 988 crisis hotline, set to debut this summer, and how it will affect crisis response in Seattle and throughout the state. The answer, for now, appears to be that we’re not sure yet. There seems to be some confusion as to how this system is going to roll out, but it sounds like the launch of the 988 number is being seen as merely the first step in creating a behavioral health system that can provide appropriate and adequate crisis care. You can read more about it in Esmy Jimenez’s article in The Seattle Times.
Also in The Seattle Times recently was Mike Carter’s article on how much money taxpayers in Washington state are forking out because of police misconduct. The article has been rightfully criticized for not mentioning any specific misconduct cases in Seattle:
DivestSPD
Putting aside the fact that *we live in Seattle*, SPD accounted for $~4.5m of the $34.3m in 2021 suits (13%) referenced in the article, and at least that much in 2020.

So it’s odd, to say the least, that SPD is totally absent from this piece. https://t.co/C4subOhvrQ

Minneapolis has made the news recently when the Minnesota Department of Human Rights released a report detailing their investigation into the Minneapolis Police Department. As Steve Karnowski and Mohamed Ibrahim report:
The report said police department data “demonstrates significant racial disparities with respect to officers’ use of force, traffic stops, searches, citations, and arrests.” And it said officers “used covert social media to surveil Black individuals and Black organizations, unrelated to criminal activity, and maintain an organizational culture where some officers and supervisors use racist, misogynistic, and disrespectful language with impunity.”
As a result of this report, Minneapolis will be entering into a consent decree to address the problems detailed.
Finally, I have two newsletters to recommend. First is Chloe Cockburn’s Just Impact. You can read her latest here, and I particularly suggest checking out the “Solutions and Progress” section if your spirits are in need of some lifting. Second is the new newsletter of Olayemi Olurin, who is a public defender in NYC. His first piece, “America’s Hypocrisy on Violence: The Case of Police Brutality,” is definitely worth a read.

Recent Headlines

Redmond City Council approves $7.5M settlement to family of woman killed by police in 2020 | The Seattle Times

Crime is up in Seattle. So why are city residents less fearful? | The Seattle Times

Arguments Flare Over SPD Hiring Incentives Read More »

More on data and disparity in Seattle’s policing and criminal legal systems

Seattle News

Guy Oron reports that data from the Seattle Municipal Court shows the City Attorney’s Office has disproportionately prosecuted Black and Indigenous people during the first three months of 2022. 31.7% of the people charged were Black during these months, compared to 7.1% of the total Seattle population.
Speaking of the City Attorney’s Office, it sounds like it is struggling to deal with a large number of misdemeanor cases, leading to this week’s announcement that they are dismissing 2,000 misdemeanor cases. They will be making the argument to City Council that they need more funding in the mid-year supplemental budget to hire more staff to address the backlog of cases, starting with a presentation discussing the backlog at next week’s Public Safety and Human Resources committee meeting.
Also scheduled for the Public Safety and Human Resources committee meeting on Tuesday, April 26 at 9:30am will be the continued discussion about hiring incentives for police officers. There will be an opportunity at the beginning of this meeting for public comment or you can call or email your council members to give them your feedback about this proposal.
At this week’s Council Briefing, CM Herbold reported on the finding in the Court Monitor’s recent use of force assessment, saying that SPD had looked into the matter of officers failing to report subjects’ race and discovered a technical error was responsible for the lack of data, which the officers actually had been reporting. SPD expects to correct the error. The assessment relies completely on SPD-reported data to come to its conclusions.
The CPC released a statement yesterday stating its concerns over this data error, saying “Concerns about data validity underscore larger issues, namely that SPD manages its own data and conducts its own self-reporting, as well as how the Federal Monitor has been overly dependent on SPD data.” They went on to recommend an independent data management body to increase transparency and trust with the community and are calling for a special meeting with the Monitor and SPD about the data malfunction. In regards to the ongoing consent decree, they say:
By painting an inaccurate picture of the realities of communities who are disproportionately impacted by policing, the Monitor and SPD are losing sight of a key goal of police accountability. Further, by relying on inaccurate race data and while prematurely pushing end the Consent Decree, the Federal Monitor and SPD are dismissing the real harm and impact of Seattle policing on communities of color.
The OIG recently released a report finding the OPA routinely dismissed public complaints about SPD officers not wearing masks as required, finding this noncompliance was a “cultural problem” within the department. As Erica Barnett reported, the OPA didn’t sustain any of the 98 complaints about officers not following the mask mandate, and supervisors rarely disciplined officers even after their fourth or fifth violations of the mask mandate. The report itself says:
“Director Myerberg stated that no one in headquarters wore masks and related that someone had sent OPA a photo of multiple lieutenants, captains, and chiefs celebrating an event at headquarters without any masks. Director Myerberg explained that he perceived the mask non-compliance as indicative of a serious culture issue within SPD and stated that it was not sustainable for OPA to be the ‘thought police’ of the Department.”
Erica Barnett attempted to get a statement from Andrew Myerberg, but: “a spokesman for Harrell’s office referred questions about Myerberg’s role in dismissing mask complaints to the OPA, saying, “Public Safety Director Myerberg does not comment on his past role and previous OPA work.””
If you would like to sign up to participate in dialogues between community and police that are being conducted by Seattle University through their Micro-Community Policing Plan Research Team, you can do so here.
If you’re interested in getting some additional insight about media coverage and how reporting tends to dehumanize and criminalize people who are houseless, struggling with mental illness and/or addiction, Tobias Coughlin-Bogue wrote a piece about recent local coverage in Real Change that you may want to check out.
Finally, if you’re interested in learning more about what happened at this week’s CPC meeting, CE Bick linked to a video recording and did a Twitter thread, which starts here:
CE Bick
I was unable to attend yesterday’s @SeaCPC meeting, but I wanted to create a thread about it in light of yesterday’s press release (QT below). 🧵 1/ https://t.co/ZE1WzEV72d

King County News

This week King County held its two public forums with the three final candidates for King County Sheriff. At this morning’s forum, eyebrows were raised when candidate Charles Kimble, Police Chief from Killeen, Texas, suggested that an innovation for King County to consider might be a program that would provide bumper stickers for people to be able to inform police they have a mental illness. Of course, these stickers also proclaim that same information to the general public. One wonders if support of such a problematic program might lower Charles Kimble’s chances of receiving the final offer.

Erica C. Barnett
I’ve been watching the King County Sheriff candidate forums (#2 is happening now) and nothing much jumped out until one of the finalists, Killeen Police Chief Charles Kimble, touted a program that provides bumper stickers for people to inform police they have a mental illness.

Recent Headlines

WA prosecutors who withhold evidence rarely face discipline | Crosscut

Progressive Lane Wide Open in King County Prosecutor Race - Slog - The Stranger

More on data and disparity in Seattle’s policing and criminal legal systems Read More »