Detective Cookie

Will Seattle Pay SPOG a Premium to Let Others Help SPD with its Staffing Woes?

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Seattle News

Most of this week has been elections, elections, elections. As of this writing, a few Seattle councilmember races are still too close to call, but we’re seeing a definitive shift to the right.

It looks like CM Mosqueda will be moving over to the King County Council next year, and she has announced she intends to step down from Seattle City Council at the beginning of next year, when the new Council will be able to appoint a replacement. In the meantime, she’ll be busy getting the 2024 budget passed as well as finishing up other budget work.

SPD Detective Cookie Boudin has followed up her spring tort claim by suing the City. She is seeking an unspecified amount of damages, saying she’s spent her whole career dealing with a pattern of racist harrassment. The trial date has been set for November 4, 2024. 

KUOW reported that a cooking show/class at PCC hosted by SPD Chief Diaz and special guest former Chief Best cost the city $2000 in overtime this past Saturday, as five other SPD employees were paid to attend: two bodyguards, a community outreach officer, a patrol officer, and an executive assistant. Four more similar events have been scheduled and in total could cost more than $9000 in overtime. “Current numbers show the department will be between $1.5 to $4.6 million over budget by year end, Jamie Housen, spokesperson with the mayor’s office, wrote by email. He said overtime costs were mostly to blame.”

The Firefighters have reached a tentative contract with the city that isn’t good news for workers. It gives minimum annual wage increases of 2-4%, as well as a 4.5% raise in 2022 and a 5.5% raise in 2023. Given these rates don’t keep up with the rates of inflation during those same years, this represents a wage cut in real terms. This could bode poorly for the Coalition of City Unions, who have currently been offered a 2.5% wage increase. As Erica C. Barnett writes: “In contrast, Seattle police officers received a 17 percent pay increase after their last contract negotiation, with retroactive pay increases between 3 and 4 percent a year for the years they worked without a contract. The city council approved hiring bonuses of up to $30,000 for police last year.”

Seattle Budget and the SPOG MOU 

Seattle’s Budget Committee will be meeting on Monday, Tuesday, and Wednesday next week to discuss budget-related legislation and councilmember amendments. Votes on amendments are expected on Tuesday 11/14, with Wednesday’s meeting most likely to consist of discussion of budget proposals and progressive revenue options that aren’t needed to balance the 2024 budget.

There will be an opportunity to give public comment on Monday, November 13 at both 10am and at the public hearing at 5pm. Solidarity Budget will be hosting a budget rally outside City Hall on Monday starting at 4pm. Suggested talking points for public comment and emails are available here.

Solidarity Budget co-hosted a webinar on Wednesday with ACLU Washington on the problems with the ShotSpotter surveillance technology that is currently being given funding in the 2024 budget. You can watch the webinar here, look at the slides, and find more talking points about ShotSpotter here. One of the amendments slated to be voted on next week will require a racial equity toolkit be done on this technology whenever it is moved to a new neighborhood, as opposed to the original plans announced by Senior Deputy Mayor Burgess to only require an omnibus Surveillance Impact Report (SIR). Another amendment would take the $1.5 million currently allocated for this technology and instead spend it on mental health services for tiny house villages, which are currently funded at significantly lower levels in 2024 than they were in 2023.

This week the city also announced a proposal for a memorandum of understanding (MOU) with the Seattle Police Officers Guild (SPOG). You can read the Central Staff memorandum on the MOU on page 42 and the full text of the MOU on page 51 of this packet.

The MOU accomplishes three things:

  • It would allow the city flexibility to sometimes use parking enforcement officers to staff special events.
  • It would allow the city to implement its dual dispatch emergency alternative response program. In spite of all the hype around the launch of this pilot, it turns out that until and unless this MOU is agreed upon, police can actively request CARE members only after they’ve arrived at and secured a site for Wellness Check and Person Down Calls, meaning it’s not even a true dual dispatch yet.
  • It would allow the city to use park rangers at parks outside of the downtown area.

There are several problematic aspects of the MOU. Perhaps the biggest one is the agreement to give officers who volunteer to staff special events an additional $225 bonus for each shift worked (in addition to any relevant overtime pay). This bonus is projected to cost $8 million in additional funds through the end of 2025. So here we have a situation in which firefighters are taking a pay cut in real terms if they accept their proposed contract while police officers are getting further bonuses beyond overtime for working special events, increasing SPD’s budget bloat even further at the expense of other core city services.

The rationale behind this odd choice is that right now SPD can only staff these special events through mandatory overtime, which is putting a strain on their workforce. But SPOG is only willing to give these officers relief by allowing other people to do some of the special events work if their officers get paid an extra bonus. Meanwhile, SPD once again went significantly over their overtime budget this year and yet are still willing to spend $2000 in overtime for a cooking class, as mentioned above. 

I’ll also note that once a new section involving extra pay is added to police guild contracts, it tends to be very, very difficult to remove later. Not to mention that this doesn’t appear to show particularly good negotiating tactics on the part of the city, who are still working with SPOG to agree upon a new contract almost three years after its expiration.

Another problematic aspect of the MOU has to do with the new dual dispatch pilot. This MOU restricts the number of responders that can be hired by CARE to 24 FTEs, meaning SPOG gets to determine the size of the pilot. It restricts the call types to which they can respond to only Person Down and Welfare Check calls, hence the Director’s reluctance to suggest response to any other call types. In addition, according to the MOU, dispatching CARE responders is not to affect the number of police dispatched to any given call. And CARE responders will be required to write a report that is available to SPD officers, which could potentially dissuade people who are already wary of the police from being willing to use this new program.

The budget amendment funding this MOU will be voted on next week and provide $4.5 million of funding to cover SPD special event bonuses for October thru December of this year and 2024. It is unclear how this extra expenditure will be balanced in the budget. The legislation related to the MOU will be on the Introduction & Referral calendar on November 21 and is expected to be voted on at Full Council sometime during the first half of December.

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“Stealth Jail Expansion”: The Fight Over the SCORE Jail Contract Continues

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Let’s take a moment to celebrate that the Washington State Supreme Court upheld the capital gains tax!

Seattle News

On Tuesday the City of Seattle and the Department of Justice filed a request to replace the 2012 Consent Decree with a new “Agreement on Sustained Compliance” that would focus on SPD’s use of force particularly related to crowd control and accountability. Among other measures, SPD would need to adopt a revised crowd management policy, and the City would need to hire a consultant to make recommendations about the accountability system. In addition, Mike Carter reports “the city also acknowledges that it must address racial disparities that have shown up in reviews of both police use of force and investigative stops.” 

Mayor Harrell’s office has calculated the consent decree, lasting 11 years thus far, has cost the city $200m. The motion asks Judge Robart to find the SPD has reached “substantial compliance” with most of the original consent decree requirements. As Erica C. Barnett reports, ongoing labor negotiations with SPOG, including whether important accountability advances agreed upon in the recent SPMA contract are included in the next SPOG contract, play an important role as to whether the city will be able to be found in compliance with the accountability piece of either the original consent decree or any new agreement.

This new “agreement on sustained compliance” would be anticipated to be completed in about a year, and unlike the original consent decree, it wouldn’t require a two-year sustainment period before exit, which would give Mayor Harrell his coveted exit before the end of his term. The next step in this process is for Judge Robart to schedule a hearing.

Advocates in Seatle have often had mixed feelings about the consent decree in recent years. In the last three years in particular, it has often been seen as a barrier to more systemic change and a way to potentially apply a veneer of respectability to the SPD while maintaining the status quo. The SPD’s budget has grown substantially from when Seattle entered into the consent decree, from $252.2m in 2012 to its present size of $374.3m. 

Seattle’s Public Safety and Human Services committee meeting on Tuesday had a surprise addition to the agenda: a project update on SPD’s recruitment and retention. While the council members received a memo on March 14 detailing current progress with the hiring incentives passed last year, none of this information was presented at the meeting, with Senior Deputy Mayor Monisha Harrell saying “it’s too early to draw a definitive conclusion.” 

In 2021 SPD hired one officer for every 12 applicants; these figures aren’t yet available for 2022. In spite of all its new hiring, recruiting, and retention efforts, the department is still struggling to maintain its size: as of 3/16, SPD’s hiring numbers are at -6, a number that was amusingly omitted from the presentation. SPD has hired 19 officers and experienced 25 separations since the beginning of the year. 

No mention was made at the meeting of the difficulties of retention given the recent suit filed by Cookie Bouldin alleging racial and gender discrimination or last year’s lawsuit in which an SPD officer was awarded $1.325m in damages due to getting carbon monoxide poisoning on the job.

The team presenting to the CMs announced their goal of 30% of officers being female by 2030 with no mention of the Bouldin lawsuit. CM Nelson also stated the importance of “having a positive place to work at” without addressing the implications of these suits.

When considering SPD’s attrition rate, it’s important to remember some people leave the department because they’re under investigation for less than savory reasons. For example, the OPA released a report last week about the case of Officer Cleades Robinson. As DivestSPD reported: “OPA found there was more than enough evidence to show that Robinson committed at least two gross misdemeanors: patronizing a prostitute and communicating with a minor for immoral purposes.” Robinson resigned before final discipline was handed down in January. Another SPD Captain was arrested in November 2019 for trying to buy sex and retired before the investigation was completed. 

Once Mayor Harrell took the helm of the city at the beginning of 2022, sweeps of homeless people substantially increased, Guy Oron reports. The City of Seattle performed 943 sweeps in 2022, which means sweeps were happening on average twice or more every day. Of these sweeps, 771 sweeps–almost 82%–were obstruction sweeps, meaning the City wasn’t required to give notice to those being swept. To get an idea of how much sweeps have increased, there were 158 sweeps in 2022 where notice was given, whereas in 2021 there were 53 sweeps done with notice, meaning the rate of sweeps with notice has TRIPLED. Many locations were swept multiple times, including 66 sweeps in Occidental Park, 53 sweeps near the Ballard Library, and 18 sweeps at the Ballard Commons.

By comparison, there were 1,192 sweeps in 2019, meaning we’re seeing the return of an old status quo that was interrupted by the pandemic and a temporary acknowledgement due to the George Floyd protests that just maybe we should treat people more humanely.

Matthew Mitnick, currently running for Seattle CM for District 4, has been accused by former supporters of breaking child labor laws, wage theft, and creating a toxic work environment. 

King County News

The King County Council postponed their vote on the SCORE jail contract for the second time this Tuesday. They are working on a variety of amendments (discussed last week) that would limit the size and scope of the transfers from the King County Jail and require various reporting and Council approvals. Unfortunately, none of these amendments would stop the SCORE contract outright; this contract would cause what opponents are calling a stealth expansion of King County’s system of incarceration. 

The sense of urgency around this SCORE contract is interesting given it’s been almost three years since Executive Constantine said he wanted to eventually shut down the “decrepit” King County Jail. In the intervening time, the death and suicide rates in the jail have gone up and the staffing numbers have been in continuous decline, not to mention it was without potable water for a month last fall. However, it’s only since the ACLU of Washington filed a suit against the County due to the appalling conditions within the jail that the County’s message has shifted to sudden action without the necessary time to build a good plan that would not expand incarceration in the County.

To weigh in on the SCORE contract, you can email or call your King County CMs and/or give public comment at the next King County Council meeting on Tuesday, April 4 at 1:30pm. Talking points will be updated at tinyurl.com/TellKCC.

In addition, sources say the Department of Adult and Juvenile Detention (DAJD) is planning to move 50 additional people from the King County Jail to the Maleng Regional Justice Center (MRJC) in Kent this weekend (April 1-2). The DAJD already moved 50 people from the KJC the weekend of March 11-12, a move that has resulted in consequences: those 50 inmates are being double-bunked in cells in which the toilets can only be flushed twice an hour, resulting in unsanitary conditions. And Erica C. Barnett reports on another problem as well:

“Folk says the jail guards’ union has filed a demand to bargain over the decision to move 50 people to the RJC, noting that the 1:104 ratio of guards to inmates is far below the usual “direct supervision” standard of one guard for every residents. Haglund told PubliCola previously that although 1:104 isn’t ideal, the unit will be safe with just one guard because no more than 64 people will be out in the unit’s common area at one time. Folk disagrees, telling PubliCola, “The staffing ratio for this is just not safe.””

Meanwhile, King County reported that as of last week there have been 296 King County residents who have died due to drug or alcohol poisoning since the beginning of the year, a number that exceeds the total number of overdose deaths in 2012. 

Recent Headlines

Community Outcry against King County’s Potential SCORE Jail Contract

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King County Jail News:

On Tuesday morning, a 58-year-old woman died in the King County Jail. She had been booked into the jail on Friday with a charge of burglary. We don’t yet know her cause of death. 

On Tuesday afternoon, the King County Council met to discuss, amongst other things, the $3.5m SCORE contract that would allow them to transfer 50 people (to start) from the King County Jail to the SCORE facility in Des Moines. While this is being sold as a “short-term” solution to run until the end of 2024, there is already discussion of expanding the number of inmates transferred to SCORE. 33 people gave public comment asking the CMs to vote no on this new contract. There have been several lawsuits brought against SCORE by family members of people who died in the jail, alleging the facility failed to provide adequate medical care. Being transferred to SCORE might also impact the quality of inmates’ defenses. You can see my live tweets of the CMs’ discussion here. 

At the briefing, CM McDermott stated that booking restrictions haven’t changed and asked for the reason for the growth of the King County Jail population in 2022. Analyst Leah Krekel-Zoppi said that pre-pandemic, the average daily population of the jail was 1900, which dropped to 1300 due to the pandemic. The average daily population now is 1500-1600. She refused to answer the CM’s question about why it’s higher now.

One possible explanation for this increase is, as Erica C. Barnett suggests, the Seattle City Attorney’s High Utilizer program, which skirts the current jail booking restrictions for misdemeanors: “In January and February 2022, before the high utilizer initiative went into effect,  the average daily population at the downtown jail was 910; for the same period this year, it was 1,220. The increase is the result of a complex mix of factors, but jailing 142 people for low-level misdemeanors is undoubtedly among them.” She also found that on average, each one of these “high utilizers” served 117 days in jail in 2022, so they each spent significant time in the jail.

Another possible factor is people in the jail waiting for competency services. As Ashely Nervobig reports: “A February 7 report from the King County Prosecutor’s office showed about 80 people waiting for competency restoration services, with the state failing to provide treatment to some of the people in the jail for more than a year, according to Casey McNerthney, spokesperson for the King County Prosecuting Attorney’s Office.” 

Other possible factors for the difference in the jail population between 2021 and 2022 include an increase in SPD arrest reports–there were 10,601 such reports in 2022 versus 9165 in 2021–and the possibility the police are overcharging; that is, the practice of either adding charges or using a higher initial charge when such charges may not be able to be proven. This practice would be another way of getting around the King County Jail’s current booking restrictions. 

CM Zahilay asked two questions that remained outstanding and that the CMs resolved to discuss during their (confidential) executive session: 

  1. There is ambiguity over which type of booking restrictions can be mandated by a County Executive. Some say these restrictions can only apply to misdemeanor charges, but there are also some counties in Washington that may have restrictions relating to certain felonies.
  2. Is the County legally allowed to pay people’s bail? In the past (pre-pandemic) King County gave a $400k contract to the Northwest Bail Fund, but it’s not clear if any of this money was ever directly used to pay bail. It sounds like it was used to fund wraparound services that helped people qualify for bail. Data from that program showed the number of people able to post bail increased significantly during its adoption in 2019-2020. CMs were very interested to learn how many people are housed in King County’s jails because of being unable to pay bail.

If the CMs do not approve this new contract with SCORE, it would be incumbent upon them to decrease the population of the King County Jail in other ways, hence the importance of the above questions. The Shut Down King County Jail coalition is asking for the CMs to do exactly this and reduce the jail population by ceasing imprisonment of those experiencing mental health crises and stopping imposing bail, which has the impact of holding poor people in this facility while those with more resources are allowed to go free. However, some CMs signaled more interest in putting additional definitions and limitations around the SCORE contract as opposed to searching for ways to decrease the County’s jailed population in any meaningful way. 

The vote on this legislation was delayed until the next King County Council meeting on Tuesday, March 28. In the meantime, you may write or call your King County CMs and/or plan to give public comment on the 28th.

Seattle News:

SPD detective Cookie Bouldin has filed a $10m tort claim against SPD, claiming racial and gender discrimination and retaliation for whistleblowing. She says she has faced gender and racial discrimination for the entirety of her 40-year career, which began in 1980, when she was one of only two Black female officers in SPD. She is known for reaching out to communities of color and running a youth chess club, both of which she says have made her a target. The claim states: “​​She notes that the hostile work environment she has been subjected to has increased dramatically in recent years.”

In an analysis of Ann Davison’s first year as Seattle City Attorney, Guy Oron writes:

“​​The King County Department of Public Defense (DPD) has denounced the CAO’s approach to prosecution during Davison’s tenure, setting up a Twitter account at @CourtWatchSMC called “Seattle Municipal Court Watch” to monitor cases when the CAO has filed charges against poor residents and people experiencing mental health illnesses. Notable cases that the DPD has highlighted include prosecution of people for stealing paper towels, selling cigarettes without proper licensing, sleeping under a tarp in a business parking lot and staying in a building slated for demolition to stay warm. These selected anecdotes seem to align with the data, which shows that the vast majority of SMC defendants rely on public defense.”

Election News:

King County Executive Dow Constantine has announced he will not be running for governor in 2024. This was after the Northwest Progressive Institute released poll results showing Attorney General Bob Ferguson as the leading Democratic candidate in a potential 2024 governor’s race, assuming current Governor Inslee chooses not to run for a fourth term. Bob Ferguson polled at 21%, whereas another possible Democratic candidate, Commissioner of Public Lands Hilary Franz, polled at 7%.

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