OLEO

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!

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Chief Diaz’s reversal of the Pink Umbrella case decision continues to cause concern

Seattle: Participatory Budgeting News

 

CM Morales has said the partipatory budgeting program is now clearly delayed until next year. An updated agenda for the Community Economic Development meeting taking place tomorrow at 2pm was released this morning, re-introducing a participatory budgeting discussion as an agenda item, where we will hear from a NYC Councilmember as well as Sean Goode from Choose 180. You can read the related draft legislation lifting the PBP proviso here, which I believe is still being reviewed by the law department.
At the Council Briefing this morning, CM Morales said the plan is to give around $1m to the Office of Civil Rights to hire three people to issue an RFP to an outside administrator for the PBP process, as well as to provide various support functions. Kevin Schofield said on the Seattle News & Brews episode released today that the OCR is quite a small department budget-wise so this is huge for them, and CM Morales hasn’t been talking to the Office of Civil Rights to see if they want to do this work.
Nevertheless, CM Morales is pushing forward and said she hopes this proviso lift can be voted on during a special meeting of her committee on June 3, leading to a Full Council vote. Both tomorrow’s meeting at 2pm and the June 3rd meeting would be good times to plan to give public comment in support of this participatory budgeting process.
CM Herbold signaled she might be adding an amendment to the legislation to move the 911 call center and PEOs out of the SPD to allow the PEOs more time to resolve differences and figure out which department would be best suited as their new home.

Seattle Scandals

 

Controversy surrounds Chief Diaz’s recent decision to overturn the OPA finding regarding the pink umbrella case. At this morning’s Council Briefing, CM Herbold, the Chair of the Public Safety committee, spoke about her correspondence with the Chief over this matter, including the bombshell that there is new evidence that has surfaced that wasn’t in the OPA investigation. CM Herbold says she is holding her judgment until she finds out more about what happened up the chain of command, but CM Lewis asked some pointed questions about whether this new information had been turned over to the OPA and whether the Chief is taking it upon himself to continue this investigation or whether the OPA will be doing so, as well as concerns that norms aren’t being followed. You can find all the related emails of this exchange over at SCC Insight along with a summary of the issues involved.

The most caustic article yet has been published on the scandal involving the missing text messages of Mayor Durkan, former Chief Best, and Chief Scoggins, saying:
…the context suggests a coverup. These suspicions are bolstered by the fact that five members of senior command at the Seattle Police Department also deleted their text messages. That means the question of who ordered the abandonment of East Precinct hasn’t been definitively answered, with both Durkan and former Police Chief Carmen Best denying they gave the order. It’s possible a subordinate made the call independently as they claim, but without the text messages to confirm this story, it’s a very convenient explanation.

Meanwhile, in King County…

 

The South Seattle Emerald has started an excellent series of investigative journalism by Carolyn Bick on the pushback and internal pressure faced by former OLEO Director Jacobs, OLEO being the Office of Law Enforcement Oversight for King County. She appears to have faced a years-long campaign against her by the King County Sheriff’s Office and the King County Police Officer’s Guild. Here are a few key quotes:

They said that this culture of law enforcement pushback against civilian oversight and closing ranks had always been present but has grown much more pronounced under Sheriff Mitzi Johanknecht. These same sources also said that the KCPOG had been particularly hostile towards Jacobs over a similar period of time.
The pressure and roadblocks Jacobs faced during her tenure aren’t unique to Jacobs and the KCSO, according to civilian law enforcement oversight experts who spoke with the Emerald. Even former Sheriff Urquhart, who sat down with the Emerald for an interview on May 10, 2021, agreed that Jacobs faced an internal campaign to oust her and said that “there’s something about a reformer … they just don’t last long here [in King County].
and
In other words, the new contract appears to prevent investigators from consulting or commissioning reports from any expert whose findings KCSO determines are critical of findings by an expert KCSO consulted in its original administrative investigation of a matter, such as a police shooting. The contract seems to block OLEO from including rebuttal experts in their investigative reports or testimony.
The entire article is worth a read and puts into clear relief why an elected sheriff can sometimes be unfortunate , leading to internal politicking and backstabbing and getting in the way of much-needed reform. In an interview with Publicola, King County Executive Dow Constantine says, “I think that the ability of the executive and the council to hire and fire the sheriff dramatically increases accountability. Having the sheriff be elected creates deep rifts within the sheriff’s office, it creates these political camps that continue to war long after the election is over. And that is profoundly unhealthy. So I think this is a real step forward.”
As a reminder, King County’s Sheriff is supposed to change over to a new appointed Sheriff (as opposed to an elected one) at the beginning of next year because of a measure that passed in last November’s general election.

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