CPC

We’re Going to Go Tougher on Drugs Because No One Cares about Evidence of What Actually Works

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Seattle News:

In the latest in the ongoing saga of the missing text messages, the City of Seattle has agreed to pay a $2.3 million settlement to the two whistleblowers who revealed that former Mayor Durkan’s text messages had been deleted. When combined with legal fees, this lawsuit has cost Seattle taxpayers more than $3 million. One of the employees, Stacy Irwin, is quoted as saying, “There’s been no accountability. These officials basically got away with it and the taxpayers are paying.”

Crosscut published an interesting investigation on Seattle’s bike cops:

Mara Verheyden-Hilliard, an attorney and executive director of the Center for Protest Law & Litigation, said police violence and misconduct are going to occur regardless of the vehicle or weapon. 

“There was some thinking t”hat bicycle units are somehow going to be better because it seems softer,” she said. “But we have seen bicycle units act with extreme violence, attacking en masse, throwing their bikes down and charging crowds of people.”

Police bicycle tactics are concerning because in spite of their violence, the use of bicycles to, for example, push protesters, was not a reportable use of force during the protests of 2020. Another issue at play is cost, with a fully equipped Volcanic police bike model now costing around $2,495. SPD also formed the Community Response Group in October 2020, requiring all team members to be bike-trained, which expanded their ranks of deployable bike officers, meaning this is not an issue that is going away any time soon.

Given the Blake compromise law just passed by the state legislature (more on this below), CMs Nelson and Pedersen are introducing a new version of their legislation to criminalize public drug use. This legislation would be necessary for public drug use and drug possession to be charged by the Seattle City Attorney; right now drug possession is handled by the King County Prosecuting Attorney’s Office.

A correction from last week: the appointment of Anthony Gaedcke to the CPC fulfills the requirement of the CPC to have two officers on the commission, one from SPOG and one from the SPMA. In the documentation, these two appointments count as appointments by the CPC, as opposed to by the Mayor’s Office or the City Council.

Election News:

The filing deadline for candidates for this election cycle is this Friday, May 19. The primary election will be on August 1.

We’ve had a few late declaring candidates, including Jorge Barón for King County Council District 4, Tyesha Reed in Seattle District 5, and Olga Sagan in Seattle District 7.

After last week’s MLK Labor Council’s candidate forum, the Council has endorsed Maren Costa in Seattle’s District 1.

WA State Legislature News:

The legislature’s special session lasted a single day on Tuesday. The Stranger’s Ashley Nerbovig gave a succinct summary of the downsides of the compromise legislation, which is centered around criminal penalties and coercive treatment instead of a harm reduction approach:

The legislation increases criminal penalties for drug possession, creates a new criminal offense for public drug use, gives prosecutors more power to direct people to jail rather than to diversion programs, allows cities and counties to ban harm reduction services, and adds barriers to siting drug treatment facilities. 

Drug possession and a new offense of public drug use are now defined as gross misdemeanors, but with a maximum sentence of 180 days for the first two convictions (instead of 364 days). This is in spite of many studies showing the criminal legal system is ineffective when addressing addiction.

The bill also includes $62.9 million, an increase of $19.6 million from previous versions of the bill, for an array of supportive services.

Ironically, seven people incarcerated in the Snohomish County Jail overdosed on fentanyl this week, belying legislators’ confidence in jails being an effective place to treat addiction problems. And don’t forget that this new drug legislation will probably also impact the population of the already overcrowded King County Jail.

Recent Headlines:

Another Officer on the CPC?

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Thus far, it’s been a relatively slow news week for local public safety news, although quite exciting in other news! My hand is also healing in a rather slow fashion, so I am pleased to have the opportunity to continue to rest.

Seattle’s Public Safety and Human Services committee did have a meeting this week. During the meeting, they heard about a new proposed appointment to the CPC: Anthony Gaedcke, who is a lieutenant with SPD. It is interesting that another officer is being added to an organization purported to be for the community, and he is taking one of the the nomination spots of the CPC itself, but perhaps this is not surprising, given the Mayor was pushing the CPC to become an informal additional PR branch for SPD.

The legislation we discussed last week that would expand the existing law against “obstructing” police officers to include Fire Department personnel received a vote in full council this week and passed unanimously.

Resources & Commentary:

Texas, Guns, and Stats

Homeless Man Says Off-Duty SPD Officer Pointed Gun, Threatened to ‘Slaughter’ Him

Austin voters embrace civilian police oversight

May 9 Criminal justice updates and commentary roundup

Seattle City Council District 4: Flirting with Disaster, Hoping for Deliverance

WA lands commissioner Hilary Franz announces run for governor, vying with AG Ferguson

Alternative Response in Seattle is Behind…Again

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Seattle News

There’s a lot to catch up on, so let’s start off with the big news that the Social Housing Initiative 135 has passed! Next steps include bringing together a board of directors and seeking funding.

Mayor Harrell gave his State of the City speech last week. Apparently the white paper about a third public safety department that was supposed to be completed last year is still forthcoming. As this was supposed to be the main tangible step forward in 2022, the failure to deliver this white paper in a timely fashion is disappointing to say the least. But at least the new department has a name now, which obviously took many hours of painstaking work: CARE, the Civilian Assisted Response and Engagement Department. Apparently we’ll also be hearing more about police officer hiring this year, which is hardly a surprise, although given the difficulty police departments across the country are having hiring, these are conversations that seem unlikely to deliver the desired results.

Last week the Adley Shepherd case was dismissed by a U.S. District Court Judge. Adley Shepherd is a former SPD officer who was fired after punching a handcuffed woman in the back of a squad car. His case has been filtering through arbitration and courts ever since, most recently as a suit brought by him against the City of Seattle.

The City of Seattle settled the CHOP lawsuit for $3.65m, $600k of which was due to the missing texts of former Mayor Durkan, former SPD Chief Best, and others. This money, as well as additional costs of defending the lawsuit, comes from taxpayer dollars.

At this week’s Public Safety and Human Services committee meeting, the CSCC presented on their 911 Protocols Software that would enable them to dispatch calls to responders other than the police. Right now the plan is to implement dual dispatch including SPD, although CM Herbold was quick to remind us that dual dispatch doesn’t necessarily mean a police officer will be on the scene in every instance, but rather in some cases SPD would simply be situationally aware of the dispatch of a civilian responder. That being said, it was made clear at the meeting that the nature of the dual dispatch model has yet to be determined. 

Shocking no one, given we’ve been holding our breath for a particular white paper since December, all the work on alternative response appears to be behind schedule. None of the deliverables outlined on the term sheet regarding developing alternative response between the Mayor’s Office and Central Staff appear to be complete. Some of this delay was attributed to the hiring and on-boarding of the new interim Director of the CSCC, Rebecca Gonzales, although of course everyone already knew when deliverable dates were set that a new director would need to be found. CM Lewis was frustrated enough to say that if more progress isn’t forthcoming in future briefings, the Council might need to take a more assertive role in this work. Given Seattle has been waiting two and a half years for alternative response with nothing to show for it, this reaction seems quite measured.

The protocols and work flow of the new triaging dispatch system also won’t be complete until late this year. CM Herbold called out that we continue to be told of reasons why we can’t move forward on implementation of alternate response: SPD’s RMD analysis, the overdue white paper from the Mayor’s Office outlining the new third public safety department, and now this triage dispatch system. She expressed her hopes that launching an alternate response pilot for person down and wellness checks won’t depend on the dispatch system being complete. CM Lewis pointed out other cities with alternative response have triage systems that dispatch to fully civilian responses, not just dual dispatch. And so the slog to push alternative response continues sluggishly forward as Seattle continues to fall behind many other cities who have been able to do this work.

Due to objections from SPOG, SPD discontinued use of Truleo software that analyzed police body-cam footage to look for potential police misconduct. Unfortunately, SPD’s use of several other surveillance technologies was approved by the Seattle City Council earlier this week, including “cell phone and laptop extraction tools, a geospatial analysis technology called GeoTime, remotely operated vehicles, crash retrieval forensics and hidden GPS trackers and cameras.” Seattle has its own Surveillance Advisory Working Group, and the CMs failed to implement many of this work group’s recommendations relating to the use of these technologies.

A recent report shows that Seattle’s automated traffic cameras disproportionately target Communities of Color. In fact, 65% of automated traffic cameras are placed in neighborhoods with relatively more people of color and immigrants; Seattle’s most dangerous roads tend to be in these communities because of displacement. In 2022, Seattle’s automated cameras issued almost 200,000 traffic tickets, which is almost fifty times more than the number given by police. It’s also worth noting that these camera-generated tickets currently require review by police, meaning such a large volume requires additional resources given to SPD in order to review them; to do otherwise would require a law change. An op-ed in the South Seattle Emerald by Ethan C. Campbell and Nura Ahmed outlines several ways to address issues of equity surrounding traffic cameras in Seattle. 

CM Herbold wrote the following about violent crime in Seattle in 2022:

“Although, over the entire year, the data shows violent crime higher than it’s been for years, the SPD Crime Dashboard shows that there were 363 violent crimes reported in December 2022; this is the lowest number of violent crimes reported for a month since February 2021, when 329 violent crimes were reported. The December 2022 figure is lower than the 403 violent crimes reported in December 2019 (before COVID-19, before the murder of George Floyd, and before 500 officers left SPD).

A further review of the SPD dashboard shows that moving into 2023 (the report only covers 2022), 371 reported violent crimes in January, slightly lower than January 2020, with 373 reported violent crimes.

Shots fired, while higher overall in 2022, are also dramatically declining, according to the Chief.”

When discussing violent crime in 2022, it would be remiss not to reiterate the increasing violence experienced by unsheltered people.

The turmoil at the Seattle Human Rights Commission (SHRC) and the Community Police Commission (CPC) continues. Two more SHRC commissioners have recently resigned as commissioners continue to receive legal threats from the City Attorney’s Office about trying to seek amicus status in the consent decree, and the CPC Executive Director Brandy Grant resigned on February 10. Cali Ellis has been named as the interim director. After events at a CPC community engagement meeting on February 14 and the CPC’s regular meeting on February 15, both Castile Hightower and Howard Gale have filed complaints with the OPA about SPD Officer Mullens, who also sits on the CPC. 

King County News

The ACLU of Washington filed a lawsuit on Friday against King County and Executive Constantine arguing they are in breach of a settlement agreement regarding the King County Jail mandating certain staffing levels and inmate access to medical care and court hearings. Advocates held a press conference and rally outside the jail on Monday morning.

Election News

Becka Johnson Pope, who has spent the last three years managing King County’s budget, announced her run for the King County Council seat for District 4. Sarah Reyneveld has already announced her run for the same seat.

Seattle CM Dan Strauss has announced his intentions to run for re-election in District 6.

ChrisTiana Obeysumner has declared their candidacy in District 5. They are one of six filed candidates so far for the district.

WA State Legislature

Sadly, the bill banning solitary confinement has died again this year. The new drug possession bill also doesn’t look promising.

HB 1513 (traffic stops), HB 1025 (qualified immunity), HB 1579 (independent prosecutor), and HB 1445 (AG investigations & reform) are all headed for floor votes. March 8 is the cut-off date for bills to be voted out of their house of origin. 

Recent Headlines

Mayor Asks for CPC’s Assistance in Bringing Cops Back into Seattle Schools

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Seattle News

Mayor Harrell announced his choice for the next SPD police chief on Tuesday: interim Chief Adrian Diaz. Publicola analyzed this choice succinctly:
This approach, like the choice of Diaz itself, represents a commitment to the status quo: Reform, not a radical rethinking of the relationship between police and the communities they serve. Aggressive hiring, rather than redistributing some duties to non-police responders. More and better officer training, rather than example-setting discipline for cops who abuse their power. Even Diaz’s characterization of the 2020 protests outside the East Precinct, which he repeatedly referred to as “riots” both yesterday and during his Seattle Channel interview, represents a pre-2020 perspective in which police are the only bulwark against everything from violent crime to people protesting against police violence.
At the press conference, Mayor Harrell promised that in his proposed budget being delivered next Tuesday, we will see investments in his strategy of a whole “third way of policing”, although he wasn’t immediately familiar with the term sheet and related work the Public Safety committee discussed last week. He also mentioned that he sees employees such as park rangers and MID-funded ambassadors downtown as alternative public safety responses.
There has been recent controversy around the idea of hiring more park rangers (potentially expanding their numbers from 2 to 26), who some activists think are police officers by another name. While park rangers do not carry guns, they are able to give citations and exclusion orders, which are traditionally duties associated with police officers, and community members have complained about the two existing park rangers treating homeless people poorly during sweeps.
The Seattle Parks funding plan will receive a final vote right after the 2pm Full Council meeting on Tuesday, September 27th. The current proposal funds the new park rangers but includes a spending restriction stating that no park district funds will be used for park rangers to participate in clearing encampments, and that park rangers will continue to issue trespass warrants as per a specific park rule.
The Full Council voted to confirm the appointment of Gino Betts as the new Director of the OPA yesterday 8-1, with CM Sawant casting the sole “nay” vote, stating that her vote is more a statement about the broken state of the current accountability system in Seattle and not about the qualifications of the candidate. She called for an elected community oversight board.
Current Seattle Municipal Court Judge Adam Eisenberg, who is currently running for re-election against Pooja Vaddadi, published a book in 2009 entitled “A Different Shade of Blue” about women police officers. It received favorable (although not many total) reviews on Amazon, but James Barker, deputy general counsel for Bungie and Pooja Vaddadi’s husband, took to Twitter to share some literary criticism:
JAMS
I won’t hide the ball.
Far from highlighting their struggles, this book fetishizes, objectifies, and demeans the police officers it purports to elevate. It’s rife with casual racism, sexism, voyeuristic poverty-porn, white-saviorism, and it denigrates Seattle’s communities.
3/

Cops Back in Seattle Schools?

During an August 17 meeting between Mayor Harrell and the CPC (Community Police Commission), CPC Commissioner and Officer Mark Mullens said during our “defunding,” we removed resource officers from our schools and that this was an overreach of what defunding is. Mayor Harrell responded that they needed to earn the trust and the right to go back into the schools and that he is working with Superintendent Dr. Jones and Chairman Brandon Hersey to build those relationships to get officers back in schools. He suggested the CPC could be an invaluable asset in this space. No mention was made of how this would reestablish the school to prison pipeline or be detrimental to students’ health and safety.
At the same meeting, Mayor Harrell also suggested the CPC help him recruit new officers for SPD. The idea that the CPC, which states as part of its mission that it “listens to, amplifies, and builds common ground among communities affected by policing in Seattle,” is now being encouraged to take on the dual role of SPD PR and SPD HR is disturbing, to say the least.

Police Union Contracts

People Power Washington sent a letter to Seattle city leaders today outlining their recommendations for the SPOG contract currently being negotiated. Full disclosure, I signed this letter myself, along with my co-chair Camille Baldwin-Bonney. We recently heard contract negotiations could be wrapping up as soon as the end of the year, and we believe it is incumbent upon us to let city leaders know what we would like to see while the contract is still in the process of being negotiated, instead of treating the contract as a fait accompli once it is presented to the public. We also hope this letter helps educate community members on how police union contracts can act as impediments to accountability and equitable public safety.
The Seattle Times reported that the president of the King County Police Officers Guild said he’s hopeful they would agree to a new contract in coming weeks. This police union contract pertains to officers at the King County Sheriff’s Office.

King County Budget

On Monday Executive Dow Constantine announced a list of public safety proposals he wants to fund in King County’s 2023 budget. Publicola has provided a handy list:
$2.4 million for Vital, a program that targets “high utilizers” of the criminal justice system by providing case management and wraparound services;
$7.3 million for Restorative Community Pathways, a pre-filing diversion program for youth who commit certain first-time felonies;
$5 million for body-worn cameras, which every deputy would be required to wear by the end of 2025;
$21 million to hire 140 new security officers for King County Metro buses, transit centers, and stops.
The amount of money spent on body cameras seems disappointing, given that the program won’t be fully deployed until the end of 2025 and that the evidence of the efficacy of body camera programs is mixed at best, while they do expand police surveillance powers. You can read more about concerns about body camera programs, including discussion of a few key studies, over at the ACLU Washington’s blog.
Sheriff Patti Cole-Tindall said the Sheriff’s Office has hired 50 new deputies so far this year, and they hope to hire 70 more over the next two years.

Recent Headlines

Public safety is about solving tough problems, not scoring political points | The Seattle Times

Public safety is about solving tough problems, not scoring political points | The Seattle Times
Improving public safety requires serious policymakers willing to grapple with serious issues to design serious solutions.
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KUOW - North King County cities will broaden mental-health response to 911 calls

KUOW – North King County cities will broaden mental-health response to 911 calls
Five cities in North King County have banded together to add mental health professionals to their police departments. Soon the program plans to offer those responders seven days a week, including teams that can answer calls without law enforcement.
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Shelved report details 14 COVID deaths inside Washington prisons | Crosscut

Shelved report details 14 COVID deaths inside Washington prisons | Crosscut
Six of those who died between June 2020 and Aug. 2021 were not adequately evaluated after they requested to be seen for symptoms, according to an unreleased state watchdog report.
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People Still Don’t Want to Work for SPD

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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

Recent criminal justice news and commentary 8.8.22
Hello all! Welcome to new members. In this post, I’ll share news and commentary that’s come across my desk over the past month. I hope it’s useful and interesting to you! My favorite reads this month: Evangelicals (learn something new!), harm reduction
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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

Mistaken detention of Black Seattle driver prompts lawsuit | The Seattle Times
The incident exemplifies findings that Black people — and other people of color — are far likelier to find themselves at police gunpoint in Seattle than white people.
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More on data and disparity in Seattle’s policing and criminal legal systems

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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

WA prosecutors who withhold evidence rarely face discipline | Crosscut
Legally and ethically, prosecutors are required to turn over evidence — even when it could hurt their case. Those who don’t, however, face few consequences.
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Progressive Lane Wide Open in King County Prosecutor Race - Slog - The Stranger

Progressive Lane Wide Open in King County Prosecutor Race – Slog – The Stranger
The remaining candidates express varying degrees of comfort when it comes to cozying up with the cops.
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A Grab Bag of Public Safety News

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WA State Legislative News

I wrote last week that both 2037 and 5919 would be sent to the Governor to be signed, and in this case I am happy to be wrong! 5919 was killed at the last minute during concurrence in the Senate. The bill was moved for concurrence by Republicans three separate times, and each time the motion was voted down. Both Senator Pedersen and Senator Dhingra were instrumental in halting this legislation.
Therefore only 2037 (the bill pertaining to Terry stops) has proceeded to the Governor’s desk. The Washington Coalition for Police Accountability has sent Governor Inslee a comprehensive letter asking him to veto section 3 of the bill. If you’d like information to help you send your own letter, you can find it here.
While it was disappointing that we could not make further strides towards equitable public safety during this session, it is noteworthy that of several harmful bills that would have rolled previous reforms back, only one made it through the entire session.

Seattle News

Carolyn Bick broke the news on Twitter late last week that OIG Deputy Inspector General Amy Tsai is leaving the OIG to take a job with the City of Redmond. Tsai was involved in aspects of the whistleblower complaint in OIG, and it’s interesting that both she and Andrew Myerberg left their positions within a couple months of one another. Now Seattle will be replacing two senior positions within its police accountability system this year.
The CPC continues to struggle to reach quorum at their meetings, hampering their ability to conduct business. Interestingly, CP Juarez has been sending a representative from her office to CPC meetings since her election as Council President. The OPA has no response to the CPC on the letter they wrote regarding the Proud Boys “ruse” incident and says any response will be completely SPD-driven.
The Seattle Times had an article last week with the following headline that says it all: “Harrell says he ‘inherited a mess,’ will solve crime issues by putting arrests first, social services second.” In spite of the fact that Harrell was on the City Council from 2007 to 2019, including as Council President for the last four years (and interim Mayor to boot!), so far his political strategy of passing the buck (and all the blame) for today’s problems, many of which were being addressed during his tenure, onto Mayor Durkan seems to be working.
City Attorney Davison announced a new initiative this week to address 118 repeat offenders, to either book them in jail or refer them to mental health or addiction treatment services. She has made a deal with the King County Jail to book these individuals even if they are arrested for a non-violent offense (in COVID times the jail no longer books routinely for these kinds of cases). However, this plan might run into a roadblock since service providers probably lack the necessary capacity to take on so many new cases.
SPD had a plan to crack down on “disorderly conduct” near transit stops along Third Avenue, but Mayor Harrell put it on hold on Wednesday before it took effect. The cause of this delay is not entirely clear, although a spokesperson for the Mayor, Jamie Housen, said it was “to allow more time to reset norms and to evaluate what enforcement strategy is most appropriate and effective.”
Meanwhile, City of Seattle employees are beginning to return to the office right as case numbers are rising significantly in Europe, which often presages a COVID wave in the United States. But don’t worry, they’ve installed protective barriers for workers who deal with the public. Apparently they haven’t yet received the memo that COVID is airborne….

WA Legislature Discusses Rollbacks to Last Year’s Public Safety Progress

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WA State Legislature News

With the exception of HB 1756 regarding solitary confinement, most of the potentially helpful public safety bills are dead at this point in the session. Instead, advocates for more equitable public safety are having to fight against serious rollbacks to policy improvements won during last year’s session.
Perhaps most concerning of these is HB 2037, which would broaden the circumstances and lower the standards for when police can use force when someone flees the scene of a Terry stop. Among other things, this would likely increase police violence and racial profiling by police officers in Washington State. As the Washington Coalition for Police Accountability’s (WCPA) one-pager on this bill states:
Even under the standard that existed before HB 1310, there was too much police violence. Police got  away with harming people, and have killed people when they were not even committing a crime – when  they were in crisis, or when officers assumed criminality without evidence. HB 2037 would be a step  backwards from the prior standard. Thousands of people throughout Washington marched in the streets  to demand accountability in policing, not to give officers more leeway to harm people.
People Power Washington – Police Accountability is joining with WCPA to urge you to contact your representatives as soon as possible to urge them to reject HB 2037 unless it includes amendments approved by the Washington Coalition for Police Accountability (WCPA) that would protect vulnerable residents from police violence. You can find more details, scripts, and contact information for this action here.
Other bills currently still being discussed that would roll back hard-won progress in public safety are HB 1788 and SB 5919.

Seattle News

Journalist Erica C. Barnett shared another glaring breach of transparency during the Durkan administration yesterday. During a PDR request, she became aware of a “secret” seattle.gov email address former Mayor Durkan was using to conduct government-related business. Why this email address was never disclosed in the large amount of previous PDRs requested is an open and troubling question, and once again shows how deep a problem Seattle city government has with transparency to the public.
Last Friday Mayor Harrell held a press conference about public safety. He discussed the city’s “hot spot” strategy for reducing crime–nothing new for Seattle–and increasing the number of police officers in SPD. Senior Deputy Mayor Monisha Harrell spoke again about alternate safety responses, and it sounds like the new administration is in the middle of making plans for how these alternatives are going to be set up. Mayor Harrell also cited a specific book his public safety policy is influenced by: When Brute Force Fails, by Mark A.R. Kleiman. You can read more about the press conference here.
Also discussed was the increase of violence in Seattle last year, and especially of gun violence. This increase has been seen throughout the country over the past two years, in both blue and red areas and regardless of amount of police funding. This underscores the need for consistent and sufficient funding for community-based violence prevention programs in Seattle and King County; to learn more about what these programs can look like, you can read more in these recent articles here and here.
The CPC is continuing its community engagement meetings with consent decree Monitor Oftelie. The next one is tonight, 2/8, from 6-8pm. The subject is traffic stops, and you can find the full agenda and Zoom link here. While SPD has moved away from certain routine traffic stops such as stops for cracked windshields and expired tags, there is more progress that can be made in this area. You can find some suggestions for additional policy improvements in SB 5485, including halting stops for driving with a suspended license in the third degree, failure to dim lights, and failure to keep to the right.
In February of 2021, two officers fatally shot 44-year-old Derek Hayden, who was carrying a knife and threatening to kill himself. This continues a pattern of confrontations between SPD officers and people in crisis with knives that end in the death of the person in crisis. (You may remember, for example, the killing of Terry Caver by an SPD officer in 2020.) The two involved officers have been suspended for failing to de-escalate, but only for three days and one day respectively, even though, according to Paul Kiefer’s article in Publicola:
Both the officers’ supervisors and the OPA, however, determined that the officers made a series of disastrous assumptions and miscalculations that made the shooting almost inevitable.
The article went on to discuss the reaction of CM Lisa Herbold, the chair of Seattle’s Public Safety and Human Services committee:
Seattle City Councilmember Lisa Herbold criticized both the OPA’s ruling and the relatively minor punishments for Butler and Jared on Wednesday, arguing that one or both decisions exposed a dangerous gap in the city’s police accountability system. “When an officer’s out-of-policy actions contribute to the circumstances leading to someone’s death, our accountability system must hold them accountable,” she said of Myerberg’s decision to not fault Butler and Jared for the shooting itself.
Myerberg, of course, has left the OPA and gone on to become the Director of Public Safety for the City of Seattle.

King County News

We have a new candidate in the race for King County prosecutor: Stephan Thomas, who plans to bring a full-scale restorative justice framework to his work in the prosecutor’s office, aided by his experience and relationships with local groups like CHOOSE 180 and Community Passageways. In his recent interview with the South Seattle Emerald, he describes a clear vision of building new processes and systems based on the work of such groups. As he says, “What does moving forward look like? It looks like investing in the things that right now are in their infancy. Things like Community Passageways, things like CHOOSE 180, things like treatment on demand, things like housing first. Those are the things that we know work.”

Recent Headlines

New Data Shows 61% Rise in U.S. Prison Deaths in 2020. Only One (1) Media Outlet Reported On It.

New Data Shows 61% Rise in U.S. Prison Deaths in 2020. Only One (1) Media Outlet Reported On It.
Amid wall-to-wall coverage of “organized” shoplifting, an unprecedented rise in deaths inside America’s prisons brought upon by reckless Covid policy is met with a collective yawn.
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Opinion: Restorative justice can help America shed cycle of violence

Opinion: Restorative justice can help America shed cycle of violence
Our society is well practiced at disregarding people’s pain, especially that of people of color. Normalization of violence started with slavery.
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Prosecutors Who Want to Curb Mass Incarceration Hit a Roadblock: Tough-on-Crime Lawmakers | The Marshall Project
In an age-old battle over local control, some legislators seek to wrest power from prosecutors who aim to curb mass incarceration
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Seattle’s new city attorney to expedite prosecution decisions, focus on misdemeanors, backlog | The Seattle Times

Seattle’s new city attorney to expedite prosecution decisions, focus on misdemeanors, backlog | The Seattle Times
While campaigning to become Seattle city attorney, Ann Davison promised to increase prosecution of some misdemeanor crimes. Now in office, she’s working toward that goal, but one city councilmember has…
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New WA police accountability laws likely to see change | Crosscut

New WA police accountability laws likely to see change | Crosscut
Tweaks aim to address police claims that the new laws were confusing, but families of police shooting victims say changes would roll back reforms.
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Gaps in SPD’s Disciplinary System

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WA State Legislature News

This year’s WA state legislative session continues at the breakneck pace of a short session.
This Thursday 1/27, the House’s Public Safety committee will be meeting with several bills up for executive session. People Power Washington – Police Accountability encourages you to write to the members of the committee urging them to PASS HB 1507 (the independent prosecutor bill) and to NOT PASS HB 1788 (lowering the threshold of when officers can engage in high-speed vehicular chases). Click here for more information, scripts and email addresses.
Meanwhile it looks like HB 1202 (qualified immunity) is dead in the water for this session.
As expected, a lawsuit was filed last week saying the new legislative maps of Washington violate the federal Voting Rights Act because of the way they split Latino voters in Yakima Valley and Pasco into multiple districts.

Seattle News

Amy Sundberg
Good morning, and welcome to Seattle’s Public Safety and Human Services committee meeting. CM Mosqueda is not present.
There were two agenda items of note on this morning’s Public Safety and Human Services committee meeting: a consent decree update from Court Monitor Oftelie and the OIG report on their audit of SPD’s disciplinary system.
During the consent decree update, Court Monitor Oftelie touted the remaining two community engagement meetings on stops & detentions and use of force. He confirmed his office uses SPD’s own data in their assessments and implied that collecting any data independently would be too big a drain on resources.
CM Herbold asked about data from 2020 and 2021 not being a good measure because of differing conditions such as the pandemic. Monitor Oftelie was vague on whether running data from the last couple of years would be necessary to determine consent decree compliance, saying his office would be looking to the City Council for guidance. Perhaps most noteworthy was CM Herbold’s remark that there was a use of force “anomaly” in 2020.
The OIG’s audit of SPD’s disciplinary system found that collectively there was a need for improvement. Some interesting highlights:
  • When there’s a range of disciplinary options presented to the Chief, there’s been a preference for the minimum of the range.
  • The OPA director can recommend the Chief meets with complainants but hasn’t actually ever done so.
  • While no recommendations were made about officers with a repeated history of complaints, Lisa Judge said there have been additional questions raised about this.
  • There are more “not sustained” training referrals (with proof that something has in fact been done incorrectly) than there are sustained findings. They researched several other police departments and found all of them would have classified these same findings as sustained. It turns out this was changed in the last few years as a result of SPOG filing a series of grievances regarding this rung of the disciplinary ladder until SPD decided to stop using it. This is important both because sustained findings are recorded differently than not sustained findings, with not sustained training referrals not included in performance appraisals, and because it shows the level of SPOG influence on SPD policy.
  • While SPD employees aren’t allowed to work overtime on days when they are suspended, they can take overtime shifts every other day of the pay period, allowing them to offset suspension days with overtime. SPD believes fixing this would be an issue for collective bargaining.
  • While there haven’t been sufficient arbitration cases to see this in practice, the system as it stands does seem vulnerable to a certain kind of “gaming,” in which one could select an arbitrator for one case with an eye to which arbitrator would then be able to hear the next case.
  • There was a question about the difference between an OIG recommendation versus matters for consideration. Matters for consideration are not currently tracked nor followed up on by the OIG. Two of the main reasons cited for flagging a matter for consideration instead of making a recommendation were if the matter would require collective bargaining or the decision of a policy maker. CM Herbold pushed back on this way of doing things since it decreases accountability.
  • CM Pedersen announced he is now a member of the newly constituted LRPC (Labor Relations Policy Committee).
Meanwhile, at the CPC meeting last week, one of the SPD officers who serves on the CPC was apparently confused as to why there was anything objectionable about the Proud Boys ruse the SPD used in the summer of 2020:
CE Bick
I am currently listening in on the @SeaCPC meeting, and @SeattlePD Officer Mark Mullens just asked what exactly was wrong with the “radio ruse” re: the Proud Boys lie.
Finally, if you’re curious about continuing havoc wrecked by Omicron, Publicola reported on its impact on SPD this month:
On January 12, SPD reported that 124 officers were isolating after testing positive for the virus: more than at any other point during the COVID-19 pandemic, easily surpassing the previous record of 80 officers in quarantine in November 2020. As of last Friday, the number of officers in quarantine had fallen to 85. Nearly 200 SPD employees have tested positive for the virus since the beginning of January, doubling the department’s total number of infections since the start of the pandemic.

Recent Headlines

Fatal shootings by police continue despite a pandemic, protests and pushes for reform - Washington Post

Fatal shootings by police continue despite a pandemic, protests and pushes for reform – Washington Post
Despite reforms, on-duty police officers have fatally shot more than 6,000 people since The Washington Post began tracking such shootings in 2015. The circumstances range from what experts deem unavoidable to what prosecutors consider criminal and observers and experts contend many could have been averted with less-aggressive tactics.
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Polling shows a Republican surge in Washington and beyond | Crosscut

Polling shows a Republican surge in Washington and beyond | Crosscut
A growing number of Washingtonians identify as Republicans, closing the gap with Democrats and signaling a very different political landscape for the midterms.
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Newest member of King County Council says she has no wish list. Not yet. | The Seattle Times

Newest member of King County Council says she has no wish list. Not yet. | The Seattle Times
Perry has no immediate legislative wish list, no specific policies or bills she’ll immediately push. Rather, she wants to spend her early days in office learning and listening to others…
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A New Mayor and New Council Committee Assignments for the New Year

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I hope everyone had a nice break because we’re about to be in the thick of it again!

Seattle News

Amy Sundberg
All right, time for the first Seattle City Council meeting of 2022! This isn’t an official live tweet but I’ll post when things happen that I think are interesting.

First up, today Debora Juarez was elected to be the Seattle City Council’s Council President, so from now on, she’ll have a CP in front of her name. In spite of predictions to the contrary, she left CM Herbold as the Chair of Public Safety and Human Services, and it will remain on its old meeting schedule of every other Tuesday morning. Here is the full committee assignment roster and schedule, provided by Erica C. Barnett of Publicola:

In an address this morning, new Mayor Harrell made a few comments about public safety in Seattle:
Paul Faruq Kiefer
In his swearing-in speech, Harrell says that a “safe city needs the right kind and right number of police officers.” That number will be a biiig question mark in the coming years. Deputy Mayor Monisha Harrell will be the point person on the issue of policing.
Paul Faruq Kiefer
Harrell also seems to have refined the “different kind of police officer” he mentioned during the campaign into an “unarmed alternative responder” – not unfamiliar language, but more closely resembling what the council discussed last year.
This is another signal Mayor Harrell remains interested in alternate emergency response. He also said he wanted to give interim SPD Chief Diaz a chance to have his performance assessed at the job and will decide by the end of Q1 whether he’s going to conduct a nationwide search for a new police chief.
In other news, Court Monitor Oftelie and the CPC have announced three joint community engagement meetings: one each in January, February, and March. The first meeting will be next Tuesday, January 11 at 6pm, covering the topic of crisis intervention and focusing on the following three questions:
  • What ideas on policy and practices, systems, measures, and/or general innovations and change do you have to improve policing services for the City of Seattle?
  • What new policies, research, and/or general innovations should the Seattle Community Policing Commission pursue in 2022?
  • What policy and practice areas, if any, should the Federal Monitor oversee implementation on in 2022?
If you are interested in public safety in Seattle, I highly recommend attending this meeting. The other two meetings will be a discussion on stops and detentions on February 8 and a discussion on use of force on March 8.

WA State Legislative News

The next state legislative session begins on Monday, January 10–less than a week away! In the wake of the ongoing Omicron wave, it’s been announced that the session will once again be virtual, which is great news for everyone who would like to weigh in on legislative issues without hauling themselves out to Olympia on a weekday.
In addition to lawmakers going back to the table to take another look at HB 1310 and HB 1054, which were passed last session, other possible public safety bills that may be discussed include an independent prosecutor bill, a police discipline bill, a qualified immunity bill, a traffic stops bill, and a solitary confinement bill. There’s also a bill regarding odd year elections that should prove interesting. Expect more on these bills soon!

Recent Headlines

Man jailed for 9 years sues King County, Redmond after acquittal in killing: ‘I lost a lot’ | The Seattle Times

Man jailed for 9 years sues King County, Redmond after acquittal in killing: ‘I lost a lot’ | The Seattle Times
Emanuel Fair, who was tried twice for the 2008 sexually motivated murder of 24-year-old software developer Arpana Jinaga, has filed a civil lawsuit against King County, the city of Redmond…
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Editorial: Yes, there are problems with Prop. 47 and $0 bail. Just not what you think - Los Angeles Times

Editorial: Yes, there are problems with Prop. 47 and $0 bail. Just not what you think – Los Angeles Times
Debunked tropes about California’s justice reforms supposedly causing crime keep coming up. They were false when crime was dropping, and they’re just as false now.
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Inside District Attorney Jose Garza’s campaign to reform Austin’s police department - Washington Post

Inside District Attorney Jose Garza’s campaign to reform Austin’s police department – Washington Post
In just 10 months, the new prosecutor won indictments against nine law enforcement officials. Now he is in a showdown with police.
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Family outraged after Tacoma police chief clears 2 of the officers involved in Manuel Ellis’ death | The Seattle Times

Family outraged after Tacoma police chief clears 2 of the officers involved in Manuel Ellis’ death | The Seattle Times
Three other Tacoma officers have been criminally charged with second-degree murder and manslaughter for the March 3, 2020, death of Manuel Ellis, who suffocated while pleading with the officers that…
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Kent assistant police chief disciplined for posting Nazi insignia and joking about the Holocaust | The Seattle Times

Kent assistant police chief disciplined for posting Nazi insignia and joking about the Holocaust | The Seattle Times
Assistant Chief Derek Kammerzell was given two weeks off without pay this past summer after he posted senior Nazi SS insignia on his office door, embraced the title of “obergruppenfuhrer”…
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Council's ban on "less-lethal" weapons will be early test for Harrell as SPD waits for guidance

Council’s ban on “less-lethal” weapons will be early test for Harrell as SPD waits for guidance
Seattle City Council Insight – Seattle City Council news and analysis
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