KCPOG

OLEO Finally to Get Its Subpoena Power

King County News

We’ll start off with some big news: King County has finished negotiating their police union contract with the King County Police Officers Guild (KCPOG). While I have not yet read through the contract (oh, what fun weekend reading I have ahead of me!), the big headline here is that the Office of Law Enforcement Oversight (OLEO) has finally been given the powers King County voters decided to grant them that have been blocked by the old contract. OLEO will be able to issue subpoenas and conduct independent investigations of alleged misconduct and use of force cases involving the King County Sheriff’s Office (KCSO). Until now OLEO has had their hands tied without access to the information they would have needed to perform solid investigations, but this contract would change that.
The new contract will have to be voted upon by the King County Council before going into effect. It will cover the 3-year period of 2022-2024.
Meanwhile, the King County Jail is still having water problems, and inmates are still drinking bottled water. These problems first began more than three weeks ago, and there are questions as to whether inmates are getting sufficient bottled water for their needs.

Election in Two Weeks

The election is coming up, ballots have been mailed out, and voting guides are being published. Here are a few worth checking out:

Seattle News

As expected, it looks like CM Mosqueda is not supportive of permanently changing how the Jumpstart tax funds are allowed to be used in Seattle’s budget.
Budget amendments relating to SPD, the CSCC, and HSD will be discussed this Thursday so expect more on that in the next newsletter. The next opportunity for public comment will not be until the morning of Tuesday, November 8 at 9:30am. Budget Chair Mosqueda’s balancing package will drop the previous day, Monday, November 7. And there’s a tight turnaround for any amendments CMs might want to add to that package.
There will be a Rainier Beach Public Safety town hall this Thursday, October 27 from 6-8pm at the New Holly Gathering Hall, 7054 32nd Ave South. The proposed gunfire detection system (likely ShotSpotter) will be discussed. Masks are required, and dinner, child care, and translation will be provided.
We are not quite done with the Seattle redistricting process. The final map vote will take place on Monday, October 31, and the final map and resolution from the committee will be confirmed on Tuesday, November 8. Apparently a new map not favored by the Seattle Redistricting Coalition was introduced at a meeting earlier today, and you’ll have a last chance to give public comment about the map options on Monday 10/31 at 12pm at this Zoom link. You can find a script (that will probably be updated before that meeting) here.

Other Resources

City Leaders Fight over Policing Pirates - The Stranger

Policing Seattle

It’s Police Union Contract Negotiation Time in King County

Seattle News

 

The tensions between CMs Herbold and Nelson over SPD hiring incentives continued this week at both Council Briefing and the Full Council meeting. CM Nelson spent the bulk of her Council Briefing time talking about it, in fact, including offering the claim that she had the approval of the Executive (a claim that Publicola fact-checked and found a bit misleading.) However, CM Herbold prevailed, meaning the Public Safety committee will vote on both CM Nelson’s resolution and CM Herbold’s legislation next week on 5/10, while CM Nelson’s conflicting legislation will not receive a vote until a later date (if at all). If you would like to give public comment on 5/10 about this issue or email your council members, you can find some talking points here.
Also originally on the schedule for the 5/10 meeting is the report on SPD’s analysis of 911 calls and which types could be fielded with non-police response. If this schedule plan stands, the meeting will be jam-packed.
CM Herbold also reported the first meeting of the search committee for the new OPA director happened last Friday 4/29.
When asked where they think the city should direct its resources to deal with crime, 92% of respondents said funding for more addiction and mental health services. Eighty-one percent want to see more de-escalation training for police officers, 80% want more social programs to address crime’s root causes, 75% want to add more nonpolice staffing, and 73% want to see an increase in court staffing to process the caseload.
Particularly striking is that 92% of respondents wanted to see more funding go to addiction and mental health services, suggesting a broad base of support for scaling up the City’s offerings in these areas. Respondents were fairly equally divided between thinking crime is underreported in the media, overly reported in the media, or accurately reported in the media.
Meanwhile, in consent decree news, the Seattle City Attorney’s Office appears to have tried to pressure the Seattle Human Rights Commission into not seeking amicus curiae status on the consent decree.
CE Bick
NEW: Federal Monitor @AntonioOftelie just filed to extend the deadline for filing his compliance status update for the @CityofSeattle to May 13, in order to allow for “additional time for the Monitor and parties to validate the data in the Comprehensive Assessment, 1/

The Monitor’s compliance status update deadine was extended until May 13 (next Friday). This apparently has to do with the data error I reported on here; while the error is being fixed, there is speculation that the new data might rise additional questions. Stay tuned!

King County News

The bargaining process with KCPOG (King County Police Officer Guild) has begun. Once an agreement on a new contract is reached, it will need to be accepted or rejected by the King County Council. This contract will determine how much authority OLEO (Office of Law Enforcement Oversight) will have to hold officers accountable for misconduct, as well as the transparency and fairness of the disciplinary process. People Power Washington – Police Accountability has drafted some priorities for what should be included in this contract, and I encourage you to email your King County council members and let them know that you care about this issue. You can find more information and talking points here.
King County released its poll on “Reimagining Public Safety in Urban Unincorporated King County,” and as Will Casey pointed out in The Stranger, “More than half of the written comments from people surveyed expressed a desire to have an unarmed behavioral health professional available to respond to emergencies.” The County will spending around $500k to fund pilots for alternate emergency response programs that they expect to launch in mid-2022. Let’s hope Seattle isn’t far behind.
Earlier this week Executive Dow Constantine announced his choice for the next King County Sheriff, Patti Cole-Tindall, who is currently serving as interim Sheriff. The King County Council will vote on whether to confirm this nomination later this month.
Meanwhile, over in Bothell, which straddles King and Snohomish Counties, the City Council has voted 5-2 to approve federal funding of police body cameras.
#VeryAsian #American Han Tran
Bothell City Council voted 5-2 to approve federal funding of police body cameras while we were out protesting for abortion rights. 1/

If you’d like to learn more about police-worn body cameras and why their usage can be problematic, you can read more here.

Washington State News

Yet another survey of 832 Washingtonians (‘tis the season) found majority support (53%) for Initiative 1992, which is currently collecting signatures to be placed on the ballot later this year and would decriminalize drugs (while allowing cops to continue to seize them) and allocate $141m in pot revenues to drug outreach and recovery services. You can read a little more about it over at The Stranger.

Recent Headlines

City Attorney Prioritizes Rhetoric Over Results in Community Court Crusade - Slog - The Stranger

Participatory Budgeting Could be a Seed that Brings Lasting Change

The Latest on Participatory Budgeting

Amy Sundberg
The Seattle Community Economic Development committee meeting has begun, and they are currently hearing comments.
The Community Economic Development committee finally heard an agenda item about participatory budgeting this week. Because the draft legislation hasn’t yet finished going through legal, CM Morales is hoping to vote on it at a special committee meeting on June 3, to be followed by a vote of the full Council. The legislation would release about $1m to the Department of Civil Rights to hire three staff members and start the process, including by issuing an RFP to hire a third-party administrator for the program, as well as releasing further funds (although not all of them) for the process.
Sean Goode from Choose 180 was present at the meeting and spoke eloquently in support of participatory budgeting. He sees the program as an opportunity to construct something new for the community that seeds lasting change and also spoke in favor of equity over expediency. His entire speech (about ten minutes) is worth listening to and can be found here starting at the 1:40:00.
The timeline on participatory budgeting has been moved back, with CM Morales expecting the Office of Civil Rights to hire a third-party organization by the end of the year and hopefully voting to begin around next summer.

Police Contract Bargaining and Accountability

 

Carolyn Bick has released the second part of her investigative series on OLEO and the experiences of its former Director Jacobs, the middle section of which will be of particular interest to those of you following the obstructions inherent with including accountability provisions as working conditions at the police contract bargaining table. Similar to what has happened in Seattle with the OPA, OLEO was granted oversight authority that it then had to bargain for, essentially maintaining the appearance of accountability without the power to provide actual accountability. I am going to quote extensively from the relevant section:

Much of the Guild’s alleged initial treatment of Jacobs appears to have stemmed, at least in part, from Jacobs attempting to bargain with the KCPOG for the oversight rights voters had already afforded OLEO in 2015 via ballot measure. Jacobs said that she had to work with Bob Railton, KCOLR’s deputy director and labor negotiator, who Jacobs said constantly made her feel as though she was a troublemaker and a nuisance and who routinely talked down to her in a sexist and demeaning manner.
This collective bargaining agreement (CBA) was not finalized and signed until April 2020. Its language has made it retroactive from Jan. 1, 2017, but it will expire in December of this year. It was necessary for OLEO to bargain for the rights voters had already afforded the oversight entity, because state law requires bargaining for anything considered “mandatory,” including wages, hours, and working conditions. OLEO’s oversight duties fall into this category.
“The Office of Labor Relations bargainer’s main concern was getting a bargain and not going to arbitration. That did not align with OLEO’s interest of having the voters’ will brought to fruition with the implementation of independent investigations conducted by OLEO,” Jacobs wrote in her email. “There was constant pressure on me to compromise, and some of it was manipulative and, to my mind, unethical.”
Topaz said that Jacobs’ recollection of the dynamic at the bargaining table tracks with what he remembers. Topaz worked as a labor negotiator with the KCOLR from 2014–2020 and was briefly assigned to help negotiate the CBA. Topaz said that from his point of view, for the period of time he worked to help bargain the contract, OLEO was little more than “a political thing that the [King] County Council did that they never really gave the support and authority needed to be successful.
“They created something, gave it limited resources and limited authority, and then expected it to produce something that I am assuming would have given them cover for people to complain about,” Topaz said.
“I don’t think [the Council] really backed [Jacobs] up very well to get done what she needed to,” Topaz continued. “Honestly, I think they have more or less set up anybody who would be in that role [of OLEO director] for failure.”

Other News of Note

 

The MLK Labor Council held a Seattle mayoral forum last night, ushering us into election debate season, and it seems like there were at least a few illuminating (and entertaining) moments, including a rapid-fire Yes/No round in which Bruce Harrell felt the need to quibble with the definition of “sweeps”.

Joe Mizrahi
Live tweeting here @MLKLabor mayoral forum starting now. It’s also on Facebook live. But that won’t have my color commentary so I recommend you stay here
Meanwhile, Crosscut reported on the SPD’s court-mandated (because of the consent decree) early intervention system, designed to predict bad behavior among police officers. “Despite near-universal acknowledgment of its failings, the system remains, largely because a federal judge has not given the green light to ditch it.”
A new system is currently under development, one that focuses on recognizing and addressing past trauma in an attempt to prevent future misconduct rooted in that trauma, which sounds interesting. However, because of the consent decree mandate for the prior ineffective system, both systems will have to run concurrently, meaning both will need to be funded and money will be wasted.
Thank you for your continued support, and I hope you enjoy the end of the week!