Daniel Auderer

A Disappointing SPOG Contract, Ignoring Community’s Interest in Accountabilty, Takes Another Step Forward

Seattle News:

Mayor Bruce Harrell announced legislation to move forward the new SPOG contract, previously discussed here. The new agreement, which gives SPOG members a total retroactive pay raise of 23%, only covers up until the end of 2023, which makes it “partial.” Negotiations for the 2024 contract are ongoing and currently in mediation. It is worth noting that if mediation fails, the next step would be to go to interest arbitration, the decision of which would be binding for both parties. 

For the most starry-eyed perspective of what this contract accomplishes, you can read the city’s press release, but it’s important to remember that this new contract does not even meet the minimum bar of achieving the 2017 Accountability Ordinance. Many advocates would like to see accountability pushed beyond an ordinance passed 7 years ago. The contract needs to be passed by City Council in order to be finalized.

I wrote a piece covering the current conversation related to SPD police officer recruitment and standards. I cover Councilmember Sara Nelson’s legislation asking to switch the officer candidate entrance exam, concerns with SPD’s backgrounding, and SPD cultural problems, including the recently filed tort claim by four female SPD officers alleging sexual harassment and discrimination. I also point out that Mayor Bruce Harrell’s recent move to hire an independent investigation firm to look into these charges comes an entire 7 months after the 30×30 report was released that uncovered these issues, and only after three separate law suits and tort claims that all allege sexual discrimination. 

The Stranger reported that “Council Member Tanya Woo let it slip last night that Public Safety Chair Bob Kettle and the City Attorney are “looking into possibly taking away the contract with King County and trying to have a contract with SCORE, private jails…” While SCORE isn’t technically a private jail, it does have serious safety concerns and would be more costly than the King County Jail, which Seattle currently uses. Whether private jails are also being looked into or Woo simply misspoke is unclear. 

In a strange display at Monday’s Council Briefing, Councilmember Cathy Moore appeared to be close to a temper tantrum over alleged uncollegial conduct from colleague Councilmember Tammy Morales after Moore voted against Morales’s Connected Communities legislation last week. The legislation would have made it easier to build more affordable housing in the city. You can watch her speech here. Thus far no journalist has been able to uncover any evidence that Morales actually said anything inflammatory. While this doesn’t have anything to do with public safety per say, it is a glimpse into a Council that continues to say bizarre things and occasionally throw facts to the wind. 

As we prepare for budget discussions this fall, it’s important to have an understanding of where the large ($240 million and growing) deficit came from. A new five-year analysis shows that around 79% of budget growth during that time came from keeping up with inflation, including increasing wages for city workers. New and expanded programs supported by the JumpStart tax accounted for 19%. 

As The Seattle Times reported, other budgetary issues have included increased legal claims against the city (much stemming from SPD’s behavior in 2020), increasing insurance costs, and costly technology upgrades.

SPD Officer Daniel Auderer, Vice President of SPOG whose claim to fame is laughing at Jaahnavi Kandula’s death, will be representing SPD at a national traffic safety conference in August in Washington DC. Taxpayers will undoubtedly be footing the expense for this trip.

Payments for the retroactive pay raise for the Coalition of City Unions, previously thought to be delayed until fall, will be given in July instead. The timeline of retroactive pay for SPOG members won’t be decided until after the City Council vote on the new contract.

SPD has ended its use of the experimental BolaWrap, a lasso-like device that they touted for using in situations where people in crisis had knives. In a report, SPD reported using the device only 3 times in 2023, and in one of these incidents the technology failed spectacularly. As The Stranger reports:

In 2021, the City agreed to restore more than $4 million for SPD’s discretionary spending fund in part based on the justification that SPD needed the money to invest in BolaWrap technology. The decision seemed rooted in the idea that new technologies can stop police violence. But cops often ignore less-lethal options in favor of their guns. In the SPD cases where they killed Caver, Hayden, and Charleena Lyles, no officer used the less lethal tools that SPD already equipped them with, such as Tasers, pepper spray, a baton, or a shield. Still, the City thought the BolaWrap, already a ridiculous concept for a device, would suddenly do the trick.”

King County News:

I wrote an article describing the new guaranteed basic income (GBI) program run by the Workforce Development Council of Seattle-King County, starting in fall of 2022. While this program benefited people from many walks of life, I focused my article on two examples of folks receiving the GBI benefit who were justice-impacted and readjusting to life outside of prison. GBI programs like these continue to show large benefits, both for their recipients and for society as a whole. 

If you’re interested in the work around recommendations regarding the King County youth jail, there will be an informational webinar on Thursday, May 23 from 6-7pm. The Care & Closure Advisory Committee is also reconvening to discuss their two recommendations that were not unanimous: the proposed respite and receiving center and short-term respite housing. Their first meeting will be on Monday, June 3rd at 4pm.

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Council President Nelson Pushes Back Against Experts’ Opinions

Seattle News:

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

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

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

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

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

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

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

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

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

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

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

As I wrote at The Urbanist:

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

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

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

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

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

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

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

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

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

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

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

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

The entire article is well worth the read.

Other News:

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

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

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

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

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

Recent Headlines:

 

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The Political Wheel is Turning

Seattle News:

Remember the Stop the Sweeps case at Seattle Municipal Court last week? The judge declared a mistrial after the jury was unable to reach consensus. On Monday morning, an Assistant City Attorney announced they would not retry the case, “citing a need to save city resources.”

Soon thereafter, the news broke that the head of the Seattle City Attorney’s Office’s criminal division, Natalie Walton-Anderson, announced her resignation after only two years in the position. Interesting timing, no? She will leave at the end of February, and this position will not be subject to the city’s hiring freeze. 

In the Jaahnavi Kandula misconduct case against Officer Auderer, SPD’s command staff has recommended he either be suspended without pay for one month or fired. About Auderer, they wrote:

“The disgrace you have brought to the department on a global scale will undoubtedly stain SPD’s reputation for years, and your insensitivity tarnished some observers’ perceptions of all SPD officers.”

However, they disagreed about the OPA’s finding that Auderer showed bias (ageism) and say they are worried that keeping that charge will make any discipline easier to overturn. They instead want the focus to remain on the professionalism charge. 

Auderer will have a disciplinary hearing with Chief Diaz on Monday, March 4. In addition, the Washington State Criminal Justice Training Commission is considering decertification of Auderer because of his comments. Were he to be decertified, he would no longer be allowed to work as a police officer in Washington State. 

CM Hollingsworth of D3 held a well-attended public safety community meeting on Tuesday evening. She said she expects a new SPOG contract to be ready potentially in March or April of this year. Capitol Hill Seattle’s article also mentions “talks of major hiring bonuses” for SPOG members, in spite of the fact hiring bonuses still haven’t been shown to actually work. 

The meeting focused especially on gun violence. CM Hollingsworth has worked with Black Coffee Northwest to hopefully  activate the area around 23rd and Jackson when it opens in a few months. It sounds like she mostly spoke about hiring more police and trying to increase their morale. But some attendees had other ideas, like this student:

“A senior at Garfield High shared how they saw a person die from gun violence on Sunday, and that police presence seems to be ineffective. They asked how or if the city works with mental health services in schools, because teachers are taking on the mental health load of students and adding more police officers doesn’t accomplish much on the mental health aspect.”

Apparently SPD had both enough staffing and enough morale to conduct inspections at four LGBTQ+ bars and clubs last weekend. Officers told managers they observed lewd conduct violations because a few people were wearing jockstraps and they saw a bartender’s nipple. After public outcry, the Washington State Liquor and Cannabis Board said they would suspend enforcement of its lewd conduct rule.

House Our Neighbors will be holding a press conference on the morning of Tuesday, February 6 to announce a ballot initiative to raise new progressive revenue to fund the Seattle Social Housing Developer.

Finally, in a nice catch of rhetoric shift, David Kroman noted that City Hall is now calling the JumpStart tax the PET, or payroll expense tax. The name JumpStart is very aligned with the much discussed JumpStart spending plan memorialized legislatively, which allocates funding as follows: 62% affordable housing, 15% small business, 9% Green New Deal, and 9% Equitable Development Initiative. There has been speculation the Mayor might push for an end to the JumpStart spending plan in the 2025 budget. 

King County News:

Renton is currently voting in a special election to determine whether the minimum wage will be raised. Ballots have been sent out, and voting ends on February 13.

Executive Dow Constantine announced his plan going forward to ultimately shut down King County’s youth jail. He originally promised to close the youth jail by 2025, but his new plan both definitively nixes this timeline and doesn’t present a new proposed closure date. More on this soon.

WA State Legislature:

HB 1062, which would prohibit the use of deception in interrogation, had a hearing in the House Appropriations Committee yesterday. You can read more about this bill here.

You can read here about the status of various bills now that we’ve passed the first cut-off date. One noteworthy survivor is Rep. Dariya Farivar’s HB 1994, which would allow some misdemeanor cases to be dismissed if a defendant meets conditions set by the judge. HB 2331, which would stave off school book bans based on discrimination, also survived, as did HB 1513, a bill reducing low level traffic stops.

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Seattle’s 2020 Violent Police Response Worse Than Responses in Any Democratic Country

Seattle News:

First off, the City of Seattle settled in an excessive force lawsuit involving 50 protesters who were injured during the summer of 2020, paying them $10 million. In addition, the City spent around $30 million on legal costs defending the case. And in a year when the City is facing a huge budget deficit to boot! I covered this story here at the Urbanist. A particularly shocking quote:

Dr. Clifford Stott, an expert hired by the City to analyze the early days of the protests, said he had not seen that level of aggressive violent police response against protesters in any democratic state.”

The law firm who represented the plaintiffs says they’d like to release the hundreds of hours of depositions they took from figures such as former Mayor Durkan, former Chief Best, current Chief Diaz, and a bunch of other police. If they’re able to make good on this promise, we might see some further interesting information emerge.

Today the closing arguments were delivered in the case against the Stop the Sweeps protester currently being tried at Seattle Municipal Court. The protester is being charged with misdemeanor obstruction in the sort of case that usually doesn’t make it to trial. The protestor allegedly tried to prevent an RV from being towed by standing on its roof while a spare tire was being obtained. The delay was only 12 minutes. 

This follows what might be becoming a disturbing national trend of an attempt to criminalize people for helping other people, either by making sure their home doesn’t get towed or by trying to give them food. You can see Ashley Nerbovig’s live tweets at the trial today here. We are now awaiting a verdict.

Also this week, the OPA found that the remarks of Officer Daniel Auderer about the death of student Jaahnavi Kandula, which took place about a year ago, were “inhumane,” “biased,” and “callous.” A disciplinary hearing was supposed to be held this Tuesday, and we are now waiting for Chief Diaz to announce his decision as to what discipline Officer Auderer will receive. 

The officer who struck and killed Jaanavi Kandula with his vehicle, Kevin Dave, was fired from the Tucson Police Department in 2013. Meanwhile, as reported in Publicola

SPD has not released information about what discipline, if any, Dave has received, and the King County Prosecutor’s Office has not revealed whether it will prosecute him.”

In what many (including myself) were calling a foregone conclusion, the City Council voted 5-3 to appoint losing D2 candidate Tanya Woo to the open city-wide seat on the Council. 

And Mayor Harrell announced the City is facing even more significant fiscal challenges now than was forecast a mere few months ago and is therefore instituting a hiring freeze. The hiring freeze will impact almost all city departments, except for–you guessed it!–the Seattle Police Department. The Seattle Fire Department and the CARE department will also be exempt from the hiring freeze. The city would have likely hired 800-900 regular employees and over 1,000 temporary employees in 2024. 

This move illustrates the human impact of austerity in the city. More jobs are likely to be lost to address the $229 million deficit for 2025, and basic city services are likely to be impacted. 

King County News:

King County held its first Law and Justice committee meeting of the year this week, now chaired by new CM Jorge Barón. The committee heard a presentation about the County’s gun violence prevention efforts, which are partially funded by American Rescue Plan dollars that run out at the end of the year. Given the program only has a $13 million budget over the biennium (which means $6.5 million per year), this isn’t perhaps an insurmountable gap. My understanding has been that part of this $6.5 million is already being covered by the City of Seattle. In fact, this highlights how gun violence prevention programs are already underfunded in our region and how much they urgently need further investment. 

You can look at the list of current legislation in process that is likely to be heard by this committee in 2024. 

King County also held its first Budget & Fiscal Management committee meeting of the year this week. The committee is now chaired by CM Girmay Zahilay. You can read my live tweets here. It provided a good overview of the King County budget process.

The most important point to highlight is that if you want to share your budget input and priorities, you should reach out to departments and councilmembers very soon. The committee will pass a budget priorities motion in March or April.

WA State News:

It’s hard to believe that we’re already at the end of Week 3 of this legislative session. The first cut-off date is Wednesday, January 31, so we’re going to see a lot of dead bills next week.

A companion GBI bill has now been introduced in the Senate and will receive a hearing on Tuesday, January 30 at 10:30am. You can sign in PRO for the bill now. 

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