Last week the City Council voted 6-3 to pass the drug ordinance that criminalizes simple drug possession and public drug use. CMs Morales, Mosqueda, and Sawant voted against.
The truth is, our communities have been creating safety with each other outside of policing for a very long time. Getting people housed, helping people into well-paying jobs, increasing access to child care, delivering healthy food and good schools–these are all ways that communities create safety. The “safest” communities are never the ones with the most police, they are the ones with the most resources.
For those less familiar with the vagaries of police accountability, Ashley Nerbovig writes about how Officer Auderer is unlikely to be fired for laughing at Jaahnavi Kandula’s death.
Meanwhile, SPD is already embroiled in another scandal, with audio being uncovered of an SPD officer, Officer Burton Hill, using racist slurs and sexist language towards his neighbor, an Asian school bus driver. He also threatened her with jail. Chief Diaz has put Officer Hill on paid administrative leave pending the investigation. This is yet another piece of evidence showing the racist and toxic culture of SPD. If you’re wondering why the officer gets paid while on leave, you need look no further than the SPOG contract.
Mayor Harrell had a press conference last Thursday on the CARE department, the new third public safety department replacing the CSCC, which will be led by Amy Smith. The new department will consist of three divisions: emergency call takers and dispatchers, behavioral health responders, and community violence intervention specialists.
Mayor Harrell is proposing CARE’s budget increase by 30% in 2024’s budget, up to $26.5 million.
The dual dispatch pilot will launch in October, and it will require officers to arrive at the scene at the same time as the behavioral health responder teams, which is very different than the programs in, say, Denver or Eugene, both of which the Mayor cited as models but which handle the vast majority of calls solely with behavioral health responders. Proponents of alternate 911 response who wanted to see reduced contact of communities with police will be sorely disappointed.
It sounds as if the pilot will mainly be responding to person down calls and so-called “paper calls” that include things like parking issues and noise complaints. When asked why the behavioral health response teams weren’t going to be dispatched to behavioral health-related calls, Chief Diaz remarked that some person down calls do have a behavioral health component, skillfully dodging the question. But from all we’ve learned thus far, this pilot doesn’t sound like a true alternate mental health response.
When Erica Barnett asked Mayor Harrell if he could give a preview of his proposed 2024 budget relating to diversion and drug treatment programs, given the recent passage of the drug criminalization law that he supported, he was either unable or unwilling to do so, in spite of the fact this new law and the lack of investment details around it have been front and center in the public discourse for weeks. His exact words? “I don’t have a great answer.”
But we’ll get an actual answer when he introduces his proposed 2024 budget tomorrow. That’s right, budget season is upon us! The Mayor will be giving his budget speech at 12:30pm tomorrow. The first opportunity for public comment will be at 9:30am this Wednesday, September 27, after which the Council will have their first meeting reviewing the proposed budget. After that, expect a slight lull as everyone scrambles to analyze the budget proposal and consider what changes to it they might want to see.
King County News:
Last week the King County Department of Adult and Juvenile Detention (DAJD) announced they were ending their contract with SCORE that the King County Council passed in a controversial vote this spring. The contract only began in June and has already been deemed a failure because the number of inmates eligible to transfer to SCORE wasn’t enough to make a dent in the crowding at the King County jail. There have also been four deaths at SCORE since the beginning of the year, an absurdly high number.
Unfortunately the issues with the King County jail continue, and the failed SCORE contract has meant a delay in addressing them in other ways. The DAJD has now said they plan to reopen bookings at the Maleng Regional Justice Center in Kent on October 2. One can only assume booking restrictions at the King County jail will need to remain strictly enforced, in spite of the new Seattle drug law on the books.
In a fascinating piece of reporting in Real Change, Glen Stellmacher wrote about how SPD and the City of Seattle controlled the media narrative around the 2020 protests and the Defund Movement. I highly recommend reading the entire article, but here are some key points:
In a June 19, 2020 survey, SPD leadership recommended at least 12 areas of service within SPD that would be better with civilian employees.
In the face of defund demands, SPD claimed they would have to cut the SW precinct, SWAT, or traffic enforcement if cuts went too far. However, this narrative was shown to be false by both the June 19, 2020 and June 27, 2020 surveys of SPD leadership.
By August 2020, SPD and the City were aware that 45% of SPD patrol service hours didn’t require an officer. However, Mayor Durkan requested a second IDT; the results, not available until June 2021, also said nearly half of calls could be handled by a civilian response. At that point, you may remember SPD insisted on a risk managed demand report, which wasn’t completed until September 2022.
SPD played with the numbers to make the loss of diversity in the force, should there be layoffs, seem as bad as possible.
It appears then-SPD Chief Strategy Officer Chris Fischer may have ghost-written a Crosscut op-ed for Antonio Oftelie; Crosscut says they didn’t know SPD was involved and has since removed the op-ed from their site. Two days after publication, SPD’s Executive Director of Legal Affairs was pushing for Oftelie to be named the new Monitor of the consent decree. He was named the new Monitor the next month, beating out several qualified candidates.
This Sunday, July 23 from 12-7pm in Othello Park, there will be a Participatory Budgeting cookout to launch the idea collection phase of participatory budgeting. You can also submit a proposal here.
In a court ruling this week, a judge ruled the City of Seattle has been using an overbroad definition of “obstruction” to justify its sweeps activity, writing that it constitutes “cruel punishment.” The definition was expanded in 2017, increasing obstruction removals in the City. The lawsuit is scheduled for trial in September.
And finally, it’s supplemental budget time! The proposed supplemental budget includes around $815k in additional funding for SPD, including increasing overtime to pay for more downtown emphasis patrols, paying for additional online crime reporting, and hiring six civilian positions, including four new public disclosure officers. It also adds an additional $19 million for the City to pay for lawsuits, many of which are related to police misconduct. The City already added $11 million to the 2023 for lawsuits last year, but apparently that wasn’t enough.
In addition, the supplemental budget funds a graffiti clean-up team, and because the contracts have already been executed, the Mayor’s Office has potentially forced the Council’s hand into cutting other Seattle Public Utilities programs to pay for this. More money is also being requested for the CSCC for its dual dispatch pilot and updating its call center technology and for OIG to take over the consent decree’s Monitor duties.
There is a vote scheduled on the supplemental budget on the morning of August 2.
Yours truly was quoted in a recent Urbanist article about the recent shakeup at the Mayor’s Office, which reports that Tim Burgess will be promoted to Deputy Mayor in Monisha Harrell’s wake. Former OPA Director Andrew Myerberg will also be receiving a promotion to Chief Innovation Officer, which will put him on the executive team. It appears that current Senior Deputy Mayor Monisha Harrell will be staying until the end of the summer.
Senior Deputy Mayor Harrell appeared at Tuesday’s Public Safety and Human Services Department committee meeting to deliver a presentation on the City’s much-delayed dual dispatch response. The City is hiring six mental health professionals and one clinical supervisor; the mental health professionals will be dispatched in three teams of two, with two teams working at a time. When the new program launches, theoretically in October, it will respond to calls such as welfare checks and person down calls, and it will not provide 24/7 response. Monisha Harrell spoke to the potential of alternate response programs to act as preventative measures that address situations before they become emergencies.
However, this new program ultimately won’t deliver on the hope to have a new non-police emergency response in Seattle, which has been consistently blocked for the last three years by SPD, SPOG, and former Mayor Durkan. As Ashley Nerbovig at the Stranger succinctly summarizes: “A lot of questions about the direction of the program remain, and part of the pilot program includes collecting data to learn what types of calls don’t require police. That data basically already exists, though. The National Institute for Criminal Justice Reform’s 2021 analysis showed that 80% of SPD calls for service involved non-criminal matters. The report also found that about half of all calls did not require a sworn response.”
She reports that the main difference between this pilot program and the already existing Crisis Response Team is that with the new program, police will be allowed to leave the scene if they decide their presence is unnecessary. This might reflect a recent change in the pilot design as in the past, the dual dispatch plan has been described as having police staged nearby in case backup was needed, which is a key difference as police being directly on the scene can have an escalating effect. In any case, it seems clear the new pilot deviates from the model proven by the successful CAHOOTS and STAR programs.
Meanwhile, the overdue white paper was not mentioned.
On Tuesday the Mayor held a press conference to discuss his downtown activation plan, but he was interrupted by a small group of protesters demanding a ban on sweeps during the winter and extreme weather events. According to The Stranger, he got “incredibly flustered” and stated that the press conference “had them outnumbered at least.” Expect local groups to take notice of the Mayor’s discomfort with protestors and increase their direct actions in response.
Publicola reported on the substance of the proposal, which is mostly a repeat of what the Mayor has announced before: “And, of course, it assumes a heavier police presence downtown—a mostly unspoken, but bedrock, element of the proposal. “Make Downtown Safe and Welcoming” is actually number one on the plan’s list of seven priorities, starting with arrests of people “distributing and selling illegal drugs” (and, presumably, using them—Harrell mentioned that a bill criminalizing drug possession and public use will likely pass in July).”
Mayor Harrell’s office has released a memo on OPA findings about former SPD Chief Carmen Best. Because Best refused to participate in the investigation, the OPA said they were unable to find sufficient evidence to determine whether several of her statements in the summer of 2020 were “knowingly false.” The Mayor’s memo acts as a toothless rebuke, as Best will suffer no repercussions for her actions, even as the Capitol Hill Seattle Blog reportsthat “Best’s use of information and inaccurate statements fits into a pattern of disinformation and “improper ruses” used by SPD during the protests.”
SPD Officer Constantin, who was fired for his social media posts, had his appeal dismissed after he failed to appear. Former SPD Officer Adley Shepherd’s appeal (he was suing the City after being fired for punching a woman he’d arrested and handcuffed) has also been dismissed.
County, State, and National News:
The King County Sheriff’s Office has been ordered to reinstate a deputy they fired in 2021 for killing an unarmed man who was wanted for the theft of a vehicle and a poodle. (The poodle survived.) King County later settled with the man’s family for $2.5 million. Deputy George Alvarez, who already had five shootings under his belt at the time of the incident, will return to the department, although he will not be reinstated to the SWAT team. As Publicola reports, Tamer Abouzeid, the director of OLEO, hopes the outcome of this case could lead to changing the burden of proof of administrative investigations to a preponderance of the evidence, which is a lower burden of proof than the current standard used of clear and convincing standard.
In the last three or so months, nearly 400 inmates in the King County Jail have been moved to the Maleng Regional Justice Center (MRJC) in Kent. MRJC now houses about 40% of the average daily jail population, up from around 25%, while the population of the downtown jail has been decreased by about a third. Right now, SCORE is housing 30 jail residents for King County.
Meanwhile, Larch Corrections Center in Clark County will be closing this fall. It is one of twelve prisons in Washington State. Apparently the Department of Corrections is also finally developing a plan to reduce the use of solitary confinement in Washington prisons, after strong grassroots advocacy for legislation that would ban such use entirely, given that solitary confinement that lasts more than 15 days is recognized as torture by the United Nations and various human rights organizations.
Scott Greenstone at KNKX recently published an excellent piece outlining the lack of drug treatment facilities in Washington state and consequences of the new Blake fix drug law. While legislators and the governor insist the new law is meant to help people get more treatment more than it is to increase incarceration rates, there is a serious lack of treatment facilities in the state, and the existing facilities often have wait times of several months. We don’t know the full extent of the problem because “it’s unclear how many beds are actually sitting empty right now in Washington: The system is so complicated and poorly tracked, neither the governor’s office, nor the Washington Department of Health, nor the Healthcare Authority could provide those numbers.” And the urgency of the problem is increasing: while the number of people getting treated for substance use disorder has stayed relatively flat, the number of overdoses has skyrocketed in recent years.
The article also features noted addiction expert Caleb Banta-Green, who spoke to his feelings of discouragement after the new law was passed, as well as his worries that it will “make it easier to shut down clean-needle exchanges, and force people into an ineffective treatment system.”
Nationwide, we’re seeing a drop in the murder rate, as reported by Radley Balko: “If trends continue, 2023 will see the largest percentage drop in murders in U.S. history. The drop will be driven primarily by large declines in big cities. This would seem to undermine the argument that the 2-year rise in homicides during the pandemic was driven by criminal justice reform, George Soros’s favored prosecutors, or policing shortages.”
Housekeeping:
I’ve received a few pledge requests through Substack, so I just wanted to give you a reminder that if you want to support Notes from the Emerald City via subscription, you can do so through my Patreon.
Last Thursday, the Council held budget meetings about the potential parking enforcement officer (PEO) transfer from SDOT to SPD, SPD’s proposed budget, and the Community Safety and Communications Center’s (CSCC) proposed budget. There’s a lot to cover here, so let’s dive in.
First up are the PEOs. The move to SDOT about a year ago has not thus far been a success, and labor issues have resulted. The PEOs are vastly understaffed, both as a result of general unhappiness over a botched move and SDOT’s decision to keep some positions open so as to use the money this freed up to pay for their overhead costs (more about that in a minute.) There are only 80 PEOs right now, for a department that calls for the staffing of 123 FTE. The PEOs are still housed within the physical structures of SPD, they still wear SPD uniforms, and they still have SPD emblazoned on their vehicles. They no longer have access to SPD databases (well, really it’s the FBI’s CJIS, more about this in a minute). And then of course there was the debacle where, due to “mistakes” made by SPD and potentially the last Mayor’s Office, the PEOs weren’t given their special commissions when they were moved to SDOT, and therefore $5m worth of traffic tickets had to be either voided or refunded earlier this year.
Whether it was sabotage or simply shocking incompetence, nobody can argue that this has been a smooth transition. Hence the Mayor’s proposal to move the PEOs back into SPD.
Because of the way SDOT calculates its overhead, which is complicated due to its multiple funding sources, it costs an additional $8m from the General Fund to keep the PEOs in SDOT, a fact that the Mayor’s Office and SDOT, who both lobbied heavily for the PEOs to move to SDOT rather than the CSCC, somehow failed to mention at that time.
Another issue is the PEOs’ lack of access to the CJIS database. Right now SPD provides them with a static hot sheet with a list of vehicles by license plate that are stolen, but the PEOs can’t call in to get at-the-moment information from the database, which includes information such as registered owner and address. It is unclear how large a problem the lack of access to this database actually is, but it is interesting to note that even if they were to move to the CSCC, the PEOs wouldn’t be granted access to it; the 911 dispatchers have this access, but WASPC, the state body who decides these matters, has said the PEOs aren’t performing a criminal justice purpose and therefore are ineligible. No outside legal analysis of this issue has been completed.
The SPD, unsurprisingly, is happy to welcome back the PEOs with open arms, especially as they’ll come with funding for the entire 123 FTE. Because there are only currently 80 PEOs, that means SPD will get an extra $4.2m; while they will use part of this sum to hopefully pay for additional hires, there will be some left over, for which they will inevitably find an indispensable use within the department. The PEOs themselves took a poll and overwhelmingly expressed a desire to be back in SPD rather than in SDOT.
A third option not explored in the aforementioned poll is to move the PEOs to the CSCC, which was the Council’s original plan back in 2020. Aside from the issue of database access, the CSCC is a new department that would need lead time to prepare to receive the PEOs, which would nearly double their headcount. There would probably be some extra overhead involved with this as well, although nowhere near SDOT’s staggering $8m price tag. However, this move would preserve the Council’s intent to move civilian functions outside the police department in response to the protesters that were in the streets for so much of 2020.
SPD is enjoying being able to say they’re taking the largest cut of any department. This is misleading rhetoric, of course; the actual size of their budget will be larger than it was in 2022 if the proposed budget doesn’t change. Much time was spent in the SPD budget meeting discussing the $250k increase to Harbor Patrol, which moved into a discussion of whether certain aspects of Harbor Patrol might be more suitable for a civilian response (namely, search and rescue and water safety). In response to this suggestion, Senior Deputy Mayor Harrell mentioned that houseboat piracy was a problem.
Moving past the serious piracy issue facing Seattle, Central Staff projects 153 officers will be separating from the department in 2022 by the end of the year. Once again, SPD’s projections for separations and hiring for 2023 seem overly rosy, although the high rate of separations has been going on for long enough at this point that people can now bring up the point of diminishing returns, ie that in a smaller police force, there will also be a smaller number of people leaving. The 80 positions not being funded for 2023 are not being permanently cut (abrogated) but rather underfunded for now.
There was also a discussion of the gunfire detection system (which will probably be ShotSpotter). Interestingly, CM Nelson brought up a study by Edgeworth Analytics that found a high accuracy rate for ShotSpotter, but didn’t disclose that this study had in fact been funded BY ShotSpotter. Luckily CM Mosqueda brought up that point. CM Nelson also stated that if even one life were to be saved by a gunfire detection system, then the financial investment would be worth it, even though it had been emphasized earlier in the presentation that these detection systems are not intended to reduce gun violence in any way, but rather to help capture evidence about gun-related crimes after they happen. Regardless, the city surveillance ordinance would require the completion of a surveillance impact report (SIR), which Central Staff thinks would take more than 12 months to complete, meaning this budget item may well be premature.
During this meeting, Ann Gorman of Central Staff presented the results thus far of the collaboration between the Mayor’s Office and Central Staff over alternative response as memorialized in a term sheet. There is agreement that the $1.9m for a near-term pilot of alternative response in Seattle could be spent in 2023 on some combination of the following:
Direct dispatch of SFD Health One units
Intelligent non-emergency reporting: this is instant reporting that doesn’t require an SPD officer to come to the scene. In practice, this would be improvement of online reporting or reporting by phone, for example, by providing better support of other languages.
Expansion of CSO duties: currently the CSOs serve as liaisons between SPD and community and don’t have law enforcement authority. It may be possible to expand their role in a way that lessens the workload of SPD officers.
Dual (SPD/civilian) dispatch to augment current mental/behavioral health response: This means that two separate units would be sent to the scene, one from SPD and one that is a city-staffed team with relevant clinical and procedural training. In other words, this response would still involve officers with a gun coming to the scene, although CM Herbold mentioned that perhaps the SPD officers could sometimes stage themselves nearby instead of arriving directly on the scene.
For proponents of a mental health crisis response alternative in Seattle, this list will doubtless be less than inspiring, as none of these options is what has been asked for, including the co-response detailed in option 4. However, both CM Herbold and CM Lewis, who have previously been strong proponents of a civilian alternative response such as STAR in Denver, were both effusive in their praise. CM Herbold went so far as to walk back some of her criticism of the Risk Management Demand report delivered by SPD a few weeks ago. (This is the system SPD has spent large amounts of time and money developing only to have to go in and manually correct more than 50% of call type classifications provided by their new system. The system was also meant to assess risk to responders but instead used risk to the subject as a proxy.)
King County Budget
The next opportunity for public comment on the biennial 2023-2024 King County budget is tomorrow, Wednesday, 10/19 at 6pm. More details and a script can be found here. If you can’t make the meeting, you can also email your King County council members.
Election News
People Power Washington’s voter guide is out! You can see questionnaires about public safety answered by candidates for state legislature, for King County prosecutor, and for Seattle Municipal Court Judge. Information about races for prosecutor and judge in particular can be hard to come by, so this is an excellent resource for helping you make an educated decision come Election Day.
There is a King County prosecutor candidate debate this Thursday, 10/20 from 6-8pm in Federal Way. More details and sign up can be found here.
Other Seattle News
Also in the budget: Mayor Harrell’s proposal to spend $38m on the Unified Care Team and the Clean City Initiative. As Erica C. Barnett reports:
A memo accompanying that presentation adds that, legally speaking, there’s no guarantee that the new funding won’t be used to “accelerate encampment removals.”
In redistricting news, Seattle’s redistricting commission voted on a new map today. They passed a map that divides Magnolia along the west-east ridge and doesn’t divide Fremont into three(!) different districts. All but one commissioner voted in favor of this new map, and you can see it here. The exact dividing line in Magnolia might change, but other that that, Erica Barnett reports this will be the map, which represents a heartening victory for Redistricting Justice for Seattle and their bid for an equitable map.
You might remember that earlier this year, the Human Rights Commission tried to initiate a data collection project on behalf of those impacted by police violence, including wanting to file for amicus status with the court overseeing the consent decree process, only to be shot down by the City Attorney. Well, now four commissioners, including three co-chairs, have resigned in protest. You can read their passionate open letter here.
The Office of the Inspector General (OIG) released Wave 3 of their Sentinel Event Review report on the 2020 protests, which covers June 8 – July 1, 2020. And it is quite damning, showing that in addition to miscommunication and sloppy police work, the SPD indulged in flat-out lying in their infamous ruse in which they tried to make protesters believe armed Proud Boys were headed to CHOP. As Justin reports:
The Wave 3 report includes … SPD officials either mistakenly or intentionally making statements about unsubstantiated and not fully investigated allegations of armed checkpoints and shakedowns of area businesses in press conferences and statements to the media as evidence of bad decisions and a lack of leadership that hindered the city’s response — and set it on a permanently flawed course contributing to the growth of dangerous conditions in the CHOP zone.
It is worth reading the entire article, which also provides access to the full OIG report.
Finally, CM Dan Strauss held a community meeting about safety in Greenwood last night, at which he told attendees they weren’t allowed to record and barred journalists from entry until the end. Not exactly the best way to promote an environment of transparency and accountability.
The tape recorder clicked on. It was a cold night in early December 2020 when William Guyer, a veteran Seattle Police detective, asked a young woman to recount months of alleged abuse and sexual assault.
Her opponent, Jim Ferrell, fails to acknowledge that traditional mass incarceration, in use since the 1970s, has failed to achieve any meaningful reduction in crime levels.
