King County youth jail

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.

Recent Headlines:

 

The Debate over ShotSpotter in Seattle Continues, While King County Takes Up Juvenile Solitary Confinement

Seattle News:
Budget

A new op-ed critical of ShotSpotter being in Seattle’s 2024 budget was published this week. There will also be a webinar about ShotSpotter next Wednesday, November 8 at 5:30pm; it will live stream on YouTube and has a Facebook event page.

Speaking of ShotSpotter, at last Friday’s budget meeting, an amendment was proposed to cut $1.5 million from the Crime Prevention Pilot proposed in the Mayor’s budget (this would cut all funding associated with ShotSpotter and CCTV cameras, while leaving money for license plate readers) and instead use these funds to pay for behavioral health services at tiny home villages that have been partially defunded in the 2024 budget. These services allow tiny home villages to house folks with higher acuity needs than they’d otherwise be able to take. 

CM Herbold said she was disappointed that it didn’t appear any additional community engagement has happened over the use of ShotSpotter since last year. Apparently about a month after her request to Senior Deputy Mayor Tim Burgess for the studies he said existed to back up his claim that uniting the ShotSpotter technology with CCTV cameras improved its accuracy rate and its admissibility as evidence in court, he finally sent her some studies. Six of these studies only spoke to the potential benefits of CCTV cameras, with no mention at all of ShotSpotter acoustic gun detection technology. One final document sent was a suggestion found in a guide that one might pair the two technologies, but this didn’t include any study nor reference to a study.

CM Pedersen said we needed to fund ShotSpotter and CCTV cameras because of SPD’s low staffing levels. Perhaps he is not familiar with this study, which found: “Although the study is limited to one city, results indicate AGDS may be of little benefit to police agencies with a pre-existing high call volume. Our results indicate no reductions in serious violent crimes, yet AGDS increases demands on police resources.”

CM Nelson said, “I think there is probably evidence on both sides of the argument depending on which study you’re looking at.” She then failed to present a single study supporting the use of ShotSpotter. 

There was a marathon budget meeting to discuss all the councilmembers’ proposed amendments last Friday. Besides the one using ShotSpotter funding for behavioral health services for tiny home villages, here are some of particular note:

  • Two amendments add funding for domestic violence survivors, including one for mobile community-based survivor supports.
  • Two amendments add funding for inflationary adjustments and a 2% provider pay equity increase for ALL human services worker contracts (some of them were excluded from this in the initial proposal), although one of the sources of funding has raised some questions.
  • A State of Legislative Intent (SLI) requesting HSD and CSCC/CARE perform a gap analysis of the City’s current and priority investments in gun violence prevention as compared to the recommendations in the King County Regional Community Safety and Wellbeing (RCSWB) Plan, and identify complementary, duplicative, or gaps in services provided by the City and King County. 
  • Additional dollars for both the Office of the Inspector General (OIG) ($50k) and the Office of Police Accountability (OPA) ($222k)
  • A proviso asking SPD to resume their contract with Truleo, which provides technology to review body worn camera footage. There is a long storied history behind this one, but it seems worth mentioning ACLU WA has historically been against the use of this technology for privacy and civil rights reasons. 

CM Mosqueda also laid out her plan for discussing new progressive revenue options, as well as other budget-related legislation that isn’t required to balance the 2024 budget. Initial proposals will be discussed on Wednesday, November 15. There will be an additional budget committee meeting after the budget is passed by Full Council (theoretically on November 21) to discuss and vote on these progressive revenue proposals. That extra meeting will be on Thursday, November 30, and should any legislation pass that day, it will then move to a Full Council vote on Tuesday, December 5.

It is pressing for the Council to discuss new progressive revenue options due to the forthcoming budget deficit, which for 2025 currently sits at $251 million. Any new revenue that is passed by Council would need time to be implemented, so in order to have new revenue to fill that budget gap in 2025, legislation would need to be passed sooner rather than later.

New progressive revenue options you can expect to see include a proposal for a small city-wide capital gains tax and the potential repeal of an extant water fee/tax. Councilmember Sawant has proposed two amendments that would require small increases to the current JumpStart payroll tax; these amendments would fund mental health counselors for schools ($20 million) and pay increases for city workers ($40 million). CMs Herbold and Mosqueda co-sponsored both these amendments.

In addition, there has been some talk of a CEO pay ratio tax. This could be instituted as another layer of the JumpStart payroll tax, to be levied on total payroll and applying only to corporations that exceed the CEO pay ratio. It is unclear how much additional revenue this would generate.

The Affected Persons Program, originally funded in the 2023 budget, did not have its work group implemented by the OPA this year. In response, it has had its funding moved over to HSD to contract with a community-based organization to coordinate the workgroup.

SPD’s New Ruse Policy

SPD announced their new ruse policy to much fanfare this week. This policy was created in response to the infamous Proud Boy ruse during the 2020 protests, as well as another ruse by SPD in 2018 in which an officer lied to the friend of a suspect in a fender bender, saying a woman was in critical condition because of the crash. The suspect committed suicide about a month later.

The new policy outlines the circumstances in which a ruse is allowed to be conducted. They are no longer supposed to be used for the investigation of misdemeanor property crimes. Perhaps most strikingly, they are also not allowed to be broadcast over radio, social media, or any other mass media format, a rule that, had it been in place in 2020, might have prevented the Proud Boy ruse. Officers are also supposed to consult with a supervisor before instigating a ruse, although only when “reasonably practical,” which seems like a potentially large loophole.

There are also now new requirements for documenting patrol ruses, which has led to some speculation over how many ruses will actually be documented in the manner described in the policy, as well as how much extra time (and potentially overtime) this might require. The word “ruse” is required to be specifically used in these reports, which could potentially make public disclosure requests around these sorts of police actions a bit easier to implement. 

What this new policy doesn’t directly address is the lack of communication that may have led public officials such as Seattle Public Utilities’ Emergency Manager into believing and making decisions based on their belief in the Proud Boy ruse.

Black Officers Alleging Discrimination at UW Police Department

Back in 2021, five Black officers at the UW Police Department filed a claim alleging dozens of incidents of racial discrimination in their workplace. Jury selection for this trial, which involves claims of over $8 million, began last week. Apparently an outside review was done of the department in 2019, which found a “culture of fear.” And yet UW President Ana Mari Cauce expressed surprise at the lawsuit since the review didn’t mention racism as a concern. How it would have uncovered such a thing given the aforementioned culture of fear is an open question.

King County News:

Solitary Confinement for Juveniles

The King County Council is discussing a new ordinance to replace the ordinance they passed in 2017 banning solitary confinement for juveniles, with a possible vote planned for this coming Tuesday.

First, some scene setting: King County’s youth detention facility has been experiencing staffing shortages. Right now 73 detention officers are employed there, while they are funded for 91 officers. This year they have hired 20 new detention officers while 21 detention officers have left their positions, leaving the facility with a small net negative for the year in terms of staffing numbers. 

The Department of Adult and Juvenile Detention say they would like the juvenile solitary confinement ordinance changed in order to be able to provide one-on-one programming to juveniles at the facility. This would involve a change to the definition of solitary confinement.  But advocates, including ACLU Washington, the King County Department of Public Defense, and Team Child, have brought up a few concerns:

  • Due to the continued staffing shortage, advocates are worried staffing issues might become an exemption to the ban of solitary confinement for juveniles. While Councilmember Balducci’s proposed striker amendment does improve upon this, they desire to see stronger language clarifying that staffing issues won’t become an exemption to this regulation, especially in order to prevent solitary confinement being justified as needed due to a facility safety issue.
  • The ban on juvenile solitary confinement does not include any enforcement mechanism for violations. Without a means of enforcing the right to not be put into solitary confinement, the ban doesn’t necessarily protect juveniles in practice. Advocates are asking for a system that allows kids who have been illegally held in solitary confinement to be able to collect damages without having to file a lawsuit as a means of enforcement. 

If you would like to weigh in on this issue, you can email or call your King County councilmembers and/or give public comment in person or remotely at the committee meeting on Tuesday, November 7 at 9:30am.

Drugs in King County Jail

According to an indictment, a former King County Jail guard allegedly accepted bribes to bring methamphetamine and fentanyl into the King County Jail for two inmates. 

In response, Executive Constantine released the following statement

“The charges alleged in this indictment represent not just a breach of public safety, but a disdain for the trust placed in those we count on to serve and protect. I want to make clear – the charges against this former employee and his co-conspirators tarnish the work that our corrections officers do every day to serve their community with professionalism and the highest standards of care.

The public can count on King County to continue doing everything we can to stop fentanyl and other contraband from entering our correctional facilities.”

Once again, this calls into question the intentions behind Seattle’s drug criminalization bill passed earlier this fall, given some of the people arrested due to this bill will end up in a jail in which illegal drugs are potentially circulating.

WA State News:

Finally, a small tidbit of what is to come during the next state legislative session beginning in January 2024:

Meanwhile, more help will be sought to fill the ranks of law enforcement agencies. The Association of Washington Cities wants the Legislature to update the local Public Safety Sales Tax to allow councils to use the funds to boost officer pay and increase behavioral health resources. It’s also asking the state to offer more classes at the Basic Law Enforcement Academy and expand regional academies.”

Recent Headlines:

The Seattle War on Drugs Redux

Seattle News:

Everyone is talking about the primary results, with some commentators claiming a progressive victory and other publications saying November looks dire for progressives. As always, a strong push to turn out the vote is likely to favor progressives, who will also need to keep fundraising to match the big business dollars pouring into their moderate opponents’ coffers.

Mayor Harrell has announced new “War on Drugs” legislation. As Erica C. Barnett in Publicola reports (bold-faced mine):

So what does the bill actually do? Exactly what an earlier version of the bill, which the council rejected 5-4, would have done: Empower City Attorney Ann Davison to prosecute people for simple drug possession or for using drugs, except alcohol and marijuana, in public. The substantive portion of the bill, which comes after nearly six pages of nonbinding whereas clauses and statements of fact, is identical to the previous proposal.”

CM Lewis, who voted against the earlier, very similar bill back in June, has said he now plans to co-sponsor it. You can’t make stuff like this up.

He told The Stranger “his time on the Mayor’s workgroup assured him the City intends to front-load treatment rather than send people to jail.” However, the new legislation would not require front-loading treatment, and much of how the system would work in practice would be up to the discretion of the City Attorney–the same City Attorney who unilaterally shut down Community Court only a few short months ago. As The Stranger reported:

“King County Public Defenders Union President Molly Gilbert wanted to empower Seattle Municipal Court judges to divert cases when cops arrest someone, but instead the bill leaves all the power to dismiss charges in the hands of the City Attorney.”

Much of the reporting on this legislation has emphasized the Mayor’s $27 million dollar plan. Not only are none of these new dollars, it is critical to emphasize $20 million of this amount is expected from an opioid lawsuit settlement that will be paid over the next 18 years, a detail that demands scrutiny. Calling this a $27 million plan seems to be a rhetorical hat trick bordering dangerously close to dishonesty, given it will only result in an additional investment of $1.15 million per year for programming.

According to the press release, the remaining $7 million will go “toward capital investments in facilities to provide services such as post-overdose care, opioid medication delivery, health hub services, long-term care management, and drop-in support.”

CM Herbold has said she will hear this legislation in the Public Safety and Human Services committee before the summer recess (August 21 – September 4), which would mean it would have to be on the agenda next Tuesday, August 8.

Seattle’s Public Safety and Human Services committee and the Select Labor Committee is having a special hearing at 5:30 pm on Tuesday, August 8 to hear an introduction to collective bargaining with the Seattle Police Management Association (SPMA), followed by a period of public comment. The SPMA represents fewer than 100 SPD lieutenants and captains, making it much smaller than the Seattle Police Officers Guild (SPOG). The latest SPMA contract was approved last June and lasts through the end of 2023. The City is required to provide a public hearing at least 90 days before opening negotiations with the SPMA to allow the public to weigh in on what should be included in the new contract. 

The SPMA contract is often considered to set the stage for what is possible in the SPOG contract, as SPOG tends to take a more hardline approach to contract negotiations. One unfortunate aspect of both of these contracts is that they tend to linger for years after their expiration before a new contract is agreed upon, creating the necessity for a large dollar amount going towards back pay. While most labor unions do negotiate for back pay should their negotiations run long, this would normally only be for a relatively short period of time (for example, six months). Compare this to the more than two and half years of back pay in play within the SPOG contract currently being negotiated, a number that could easily grow to three or even three and a half years. The evergreen nature of these police guild contracts doesn’t incentivize the guilds to come to an agreement with the City.

On the morning of Thursday, August 10 at the Finance and Housing committee meeting, the Progressive Revenue Stabilization Workgroup will issue its recommendations. Given the $200 million gap between 2025’s projected revenue and expenditures, it behooves the City to consider any options presented very seriously indeed.

King County News:

A fight involving eight kids broke out at King County’s youth jail last week, leading to more room time for kids in the jail this past weekend. Executive Constantine has committed to closing this jail by 2025, but while the daily average population had dropped to 15 in 2021, that number started to creep back up in 2022 and is now up to 34.7. The population the day of the fight was 41. The average length of stay per kid has also increased. The King County Executive Spokesperson Chase Gallagher says the plan to close the jail remains on schedule.

Recent Headlines:

Seattle City Council Votes Against New War on Drugs

Seattle News

On Tuesday, the Seattle City Council voted against criminalizing simple drug possession and public drug use in a close 5-4 vote, with CMs Herbold, Lewis, Morales, Mosqueda, and Sawant voting no. The swing vote is widely understood to be CM Lewis, who said in his remarks he’d arrived at the meeting prepared to vote in favor of the bill but found that he simply couldn’t because the public deserved more discussion. He cited the recent unilateral decision by City Attorney Davison to end Seattle’s Community Court as a key factor in his decision, saying he felt the Council should figure out how they would do the diversion and treatment component as part of the package. He also mentioned how well the legislation was polling (one source says his district polled 60% in favor), but that this vote was more important than retaining his seat (CM Lewis is up for re-election in November.) For more details, you can read Ashley Nerbovig’s excellent write-up.

Council Central Staff had reported the City Attorney’s office hadn’t bothered to run a racial and equity analysis of this legislation, nor would they say how many new cases they anticipated pursuing or how much that would cost. Because the legislation skipped the normal committee step, councilmembers were not even able to ask the sponsors questions about the bill. It seems possible we’ll see a different version of this bill in the future, assumedly one with clearer information about its impacts and with diversion and treatment programs to go along with it—although where the money for such programs would come from is an open question, given current budget constraints. 

It is also important to note the effect of this legislation not passing is NOT legalizing drug use and possession. Seattle police officers can still arrest people for possessing and using drugs, as well as seize drugs as contraband. This bill determined the matter of jurisdiction, meaning where these cases would potentially be prosecuted. For now, they will continue to be prosecuted by the King County Prosecutor’s Office instead of by the City Attorney’s Office. The City Attorney’s Office can, however, still prosecute drug use on buses and bus stops as this was already part of municipal code.

King County News

Allen Nance, the director of King County’s Department of Adult and Juvenile Detention (DAJD), has written to the state supreme court asking them to rescind a ruling barring local courts from issuing warrants against and jailing young people who fail to appear at their hearings or violate other court orders. This ruling was originally made in 2020 and made permanent in 2021. If it were to be rescinded, Anita Khandelwal, director of King County’s Department of Public Defense, says the result would be a spike in youth incarceration, especially for youth of color, who she says received 82-84% of warrants in 2019.

Recent Headlines

Proposed Surveillance Tech Can Lead to Biased Policing

Seattle News

There have been no budget meetings during this second week of Seattle’s budget season, as both CMs and the public analyze the proposed budget and consider its ramifications and any changes they’d like to see. The next opportunity for public comment is on Tuesday, October 11. There will be public comment at the beginning of the budget meeting beginning at 9:30am (sign-ups starting at 7:30am), AND the first public hearing, also for public comment related to the budget, will be that evening at 5pm (sign-ups starting at 3pm). You can give your public comment at both meetings either in person at City Hall or remotely.
Speaking of budget season, the Solidarity Budget will be having its virtual volunteer orientation tomorrow night, Thursday 10/6 at 6pm. You can sign up to participate here.
One of the more controversial line items of the proposed budget is the $1m allocated in SPD’s budget for ShotSpotter. Mayor Harrell has been a long-standing proponent for the technology, which places microphones throughout specific neighborhoods in order to pick up the sounds of gunfire. Not only would this increase SPD’s surveillance capacity in a more diverse and lower income neighborhood in Seattle, but its efficacy is also in question. The OIG in Chicago found that ShotSpotter rarely results in evidence that leads to evidence of a gun-related crime, and the presence of the technology changes police behavior; areas with a perceived higher frequency of ShotSpotter activity leads to the justification of more stops and more pat-downs during stops, aka biased policing. In addition, prosecutors in Chicago are having to withdraw evidence generated by the technology. It is perhaps no surprise that the cities of Charlotte and San Antonio have dropped use of this technology in past years, or that the city of Buffalo recently blocked its implementation.
If you ever wonder how effective public comment is, wonder no more! Apparently one public comment made by programmer Scott Shawcroft at a redistricting commission hearing, in which he suggested putting Magnolia in District 6 and Fremont in District 7, prompted the amendment discussed in this newsletter last week that puts all of Magnolia in one district and divides Fremont into THREE districts. The last public hearing for the redistricting commission in Seattle is this Saturday, October 8 from 10am-12pm. You can register to give public comment online here, where you can also get the relevant Zoom link, or alternately you can show up in person. If you’d like to support the Redistricting Justice for Seattle proposed map, you can find talking points here.
In the story that keeps giving, remember those pesky deleted text messages of our former Mayor Durkan? New forensic evidence found that 191 of her texts were MANUALLY DELETED. This is very different from previous statements that the missing text messages were simply due to a setting mysteriously set to delete texts after 30 days. In addition, six other city officials had “factory resets” performed on their phones during the relevant period in 2020. This new evidence could strongly impact current lawsuits against the city.
The SPD announced they fired Officer Andrei Constantin, who took to Twitter to make fun of protesters and victims of police violence, including George Floyd, Breonna Taylor, and local activist Summer Taylor, who was killed while protesting on I-5. Constantin had racked up at least nine other OPA complaints during his tenure at SPD, which began in April of 2016.
At the Council Briefing on September 26, CM Herbold announced that SFD has been doing an analysis of calls they respond to that can lead to violence. The analysis suggested an automatic joint response of SPD officers escorting SFD personnel to both overdose and seizure calls, as patients can be unaware of their surroundings and have an initial violent reaction after receiving NARCAN or coming out of a seizure. Along with this near-term change, the Joint Safety Committee is considering other recommendations along these lines.

King County News

Budget season has also begun in King County, and now is the time for you to email your King County council members about your budget priorities. People Power Washington has a script for you to use if you are so inclined. You can find the King County budget schedule, including opportunities to make public comment, here.
We conclude today’s newsletter on a somber note. Erica C. Barnett recently did an investigative piece on the King County youth jail, which is well worth a read. While the occupancy rate of the jail is rising and the number of staff is falling, the jail frequently uses solitary confinement for its juvenile occupants:
King County officials are aware that keeping kids in their cells is a problem, but the use of the practice has been escalating. In July, there were 13 days when kids were locked in their cells between 18 and 20 hours a day because of short staffing at the jail. Additionally, an independent monitor’s report released in May found a “significant increase” in the number of times youth were put IN “restrictive housing” (solitary confinement) because of a risk of “imminent and significant physical harm to the youth or others,” along with a spike in the length of this form of confinement; in the first quarter of this year, 41 kids were put in restrictive housing for an average of 6 hours per session.
We have kids in King County who have already experienced the trauma that resulted in them being in jail in the first place who are now having their trauma compounded by being locked into their cells for 18 to 20 hours per day. While the County has convened an advisory committee to make recommendations for how to phase out youth incarceration, little progress has been made thus far, which is concerning giving the urgency and gravity of their mandate.

Recent Headlines

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