OPA

Seattle News Salad

I was on vacation last week, and quite a lot happened! Get ready because this newsletter is a bit on the long side.

East Precinct Abandonment Last Summer

Yes, we finally found out what happened on June 8, 2020 when the SPD abandoned the East Precinct on Capitol Hill, thanks to KUOW’s investigative report. It turns out Assistant Chief Tom Mahaffey, the incident commander, was the one who made the call, without the knowledge of Chief Best or the Mayor’s office. The OPA’s report on this incident is expected shortly.

More on the 6 SPD Officers at “Stop the Steal”

There have been a flurry of articles about the findings of the OPA’s investigation of the six SPD officers who were in Washington DC for the “Stop the Steal” rally on January 6. A key point of contention being discussed is whether simply attending the rally constitutes protected speech for police officers (meaning speech protected by the first amendment), which would determine whether the four officers not found to have behaved illegally should also be disciplined.
CM Lisa Herbold had this to say:
Whether they were “directly involved” in the insurrection, or if they attended with the intent to passively support the unlawful insurrection and violent assault of our nation’s Capitol, neither act is an example of protected free speech nor should our support of free speech shield accountability for these acts.
If public employees knowingly travelled to a location in support of people whom they knew were intending to attempt an insurrection, even if their participation was as a passive observer, that is a ‘clear connection between conduct and duties or…responsibilities’ and is an offense that merits termination. I will review the OPA investigation with an eye towards whether questions were asked of the four officers without sustained findings, and whether evidence was sought, to determine the advance knowledge they had of the planned violent events at the Capitol insurrection of January 6.
CP González has said the remaining four officers should be disciplined. You can also find out what other current candidates think about the case.
Another interesting aspect of this case is the way it highlights the limitations placed on the OPA by not having the ability to subpoena SPD officers, especially since SPOG has filed a grievance against the OPA for instead ordering the officers to give them personal documents related to their activities in DC. OPA Director Myerberg said:
In practice, we’re very limited in how we can obtain information and documents from officers…but we’ve been told repeatedly that we don’t need subpoena power because we can just order officers to turn over records. And obviously, given the union’s objections to the order we issued, that’s not really the case.
Next up, there will be a due process hearing on August 5 for the two officers with sustained complains against them, after which Chief Diaz will decide whether to terminate their employment. They will then have the opportunity to appeal his decision through arbitration. There is an open OPA case about one of the other officers who refused to provide his personal records when ordered to do so; there may also be another OPA case addressing the fact that the two officers with sustained findings against them appear to have lied during the original OPA investigation.

OPA and OIG News

The South Seattle Emerald has obtained several additional OIG partial certifications on OPA investigations, after reporting on the one for the protest at SPOG HQ last September. Of six completed investigations that received only a partial certification, all six were certified “not thorough” and one was also certified “not objective.” Four of these cases were protest-related. The “thoroughness” issues tend to involve insufficient questioning, overlooked witnesses, and ignoring certain parts of cases.
Meanwhile, the OPA investigation of Officer Ron Willis, the officer who made $414,543.06 in 2019 while working several 90-hour weeks and more than one greater than 24-hour day, has been completed. He was suspended for one day without pay. Meanwhile, SPD’s system of tracking overtime has still yet to be overhauled, and the new promised automated timekeeping system has yet to go live, five years after an audit that called attention to these problems.

Election News

How do the endorsements of The Stranger and The Seattle Times stack up?
Seattle Mayor: M. Lorena González vs. Bruce Harrell
King County Executive: Joe Nguyen vs. Dow Constantine
SCC Position 8: Teresa Mosqueda vs No Endorsement
SCC Position 9: Nikkita Oliver vs. Sara Nelson
Seattle City Attorney: Nicole Thomas-Kennedy vs. Ann Davison
King County Council #3: Sarah Perry vs. Kathy Lambert
King County Council #7: Saudia J. Abdullah vs. Pete von Reichbauer
King County Council #9: Chris Franco vs. Reagan Dunn
We also have some new polls! In the race for Seattle City Attorney, Pete Holmes is coming in at 16% and his opponents Nicole Thomas Kennedy and Ann Davison are both coming in at 14%, with 53% undecided. For an incumbent who won by a large margin last time, this is a surprisingly weak showing for Holmes. And in the Seattle mayor’s race, Bruce Harrell is coming in with 20%, M. Lorena González with 12%, and Colleen Echohawk with 10%, with 32% undecided.
Meanwhile, this poll (it’s important to note the polling size is only 524) asked respondents who they would vote for in different head-to-head Seattle mayor’s races:
Echohawk 51% vs Harrell 49%
Harrell 65% vs González 35%
Echohawk 69% vs González 31 %
Washington Research Group, who conducted the poll, had this to say about the upcoming race:
WaResrchGrp
There are two major factors driving this election:
1) Extreme voter anger – targeted at the Seattle City Council.
2) ONE ISSUE (next tweet).
I’ve been fielding and reading polls for 30 years and I’ve never seen people this pissed. 1994 wasn’t this bad. https://t.co/Xz7sZjite4

The one issue referenced above? Homelessness.

News Tidbits

The Seattle City Council finally passed their new less lethal weapons bill out of committee. However, it won’t be voted on by the Full Council until after a consent decree status conference with Judge Robart on August 10.
Seattle City Council’s Central Staff wrote a memo analyzing how much the Compassion Seattle proposed charter amendment might cost. As Kevin Schofield writes, “…The answer is complicated, because there are varied interpretations of vague language in the bill. At the low end: $30 million up-front capital costs, and $40 million annually in ongoing operational costs. At the high end: $839 million in capital costs and $97 million annually for operations.” This is a huge spread, of course, which shows how widely the amendment can be interpreted.
The Washington Supreme Court ruled in favor of the families of people killed by police officers, restoring reforms to the inquest process in King County that have been on hold for the last few years.
King County is looking at two finalists to become the new Director of OLEO (Office of Law Enforcement Oversight): Eddie Aubrey and Tamer Abouzaid. Both are similar in their outlook for the organization, although only Abouzaid said he’d support a state law prohibiting police unions from negotiating on issues of oversight.
The City of Seattle has filed a countersuit against The Seattle Times. If you’ll remember, the Times filed a suit against the City because of mishandled public record requests, including Mayor Durkan’s missing text messages. It’s also worth noting the City’s legal strategy for this matter is decided by City Attorney Pete Holmes, who is up for re-election.
Remember Mayor Durkan’s pot of $30m in this year’s budget for the Equitable Communities Initiative? Well, she has asked the Seattle City Council to lift the proviso on those funds, unveiling her spending plan proposal based on recommendations from the task force. Most of the funds will be dispersed through the RFP process. This legislation will be discussed at the Finance and Housing committee meeting on July 20.

Recent Headlines and Tweets

Paul Faruq Kiefer
Some stats from this report: Native people are nine times more likely to be stopped by SPD than white people (and Black people are five times more likely), but white people were more likely to be carrying a weapon when they were stopped. https://t.co/LnHZTDL8Nm

Seattle News Salad Read More »

2 SPD Officers Participated in January 6th DC Insurrection

2 SPD Officers Participated in Jan 6 Insurrection

Today the OPA released their findings for their investigation into the actions of 6 SPD officers who attended the “Stop the Steal” rally in Washington DC on January 6. They found that two of the six officers, Alexander Everett and Caitlin Rochell, participated in the illegal storming of the Capitol. These officers also lied about their actions during the investigation. The charges against the three officers were not sustained, and the investigation into the fourth officer’s actions was inconclusive. In addition, one officer refused to cooperate with the investigation by providing records and is now facing a new case within the OPA for insubordination.
Interim Chief Diaz said in the past that he would fire any officers who were found to have participated in the illegal insurrection. The OPA also recommended the two officers they found had participated be fired.
Meanwhile, SPOG has been pushing back against the OPA’s investigation of these officers, filing a grievance against the city and asking the OPA to destroy personal records collected as part of the investigation. Director Myerberg has said he expects the grievance to go to arbitration.

Other Seattle News

The Recall Sawant campaign has announced they’ve collected over 9,000 signatures to get the recall on the ballot. Their goal is to reach 10,739 signatures by August 1, and to have the recall on the November ballot.
The SPD police officer who used unapproved facial recognition software as part of his investigations was given a one-day suspension after the OPA ruled he had violated SPD’s professionalism policies. In the past, the same officer used a personal drone to take pictures of a suspect’s house.
Crosscut published a revealing story about the five Black campus police officers who are suing UW for $8m for the unbearable racism they’ve suffered on the job:
They report being called racial epithets, referred to as “monkeys” and having bananas left in their lockers, being told, “I thought all you guys like watermelon and Popeyes chicken.” They say they overheard white officers say that George Floyd got what he deserved, and even being hit with a stick by a white officer, who then said, “You people should be used to being hit with these.”
And The South Seattle Emerald published an op-ed by Marcus Harrison Green about healing justice that I highly recommend reading.

Recent Headlines

Records officers who blew whistle about Seattle mayor’s missing texts file $5 million claims against city | The Seattle Times

Officer played Taylor Swift song to keep video off YouTube. It went viral. - The Washington Post

2 SPD Officers Participated in January 6th DC Insurrection Read More »

Will anything be done about a biased and incomplete OPA investigation?

Between the excruciating heat and no SCC committee meetings this week (due to it being a rare week 5 in the month), this has been a relatively slow news week. You can catch up on this week’s Seattle City Council Briefing here:
Amy Sundberg
Good morning. May this Seattle Council Briefing divert you from the miserable heat.

OIG finds deficiencies in OPA investigation

Once again, Carolyn Bick has published an excellent piece of investigative journalism, this time about a partial certification memo from the OIG about the OPA investigation of a protest outside SPOG headquarters last September. The OIG memo states: “OIG cannot certify the investigation as thorough or objective, but OIG does certify the investigation as timely. Per 3.29.260 F, no further investigation is being directed at this time because OIG finds that the deficiencies of the investigation with respect to thoroughness and objectivity cannot be remedied.” You can read the full OIG memo here.
It is worth reading the article in full to get all the details of the investigation’s flaws, but perhaps the most damning quotation is as follows:
In other words, the OIG memo is saying that the OPA’s investigative report appears to be specifically designed to support the officers’ actions and their narrative, rather than approach the situation as a neutral body.
When we see a partial certification like this, where no further investigation is being directed even though the original OPA investigation was not found to be either thorough or objective, we see clear evidence of how the accountability system is failing the residents of Seattle.
The OPA has not released the CCS for this case but says they intend to do so soon, at which point Director Andrew Myerberg will be able to comment.

Election News

If you’re interested in this year’s elections in South King County, the South Seattle Emerald has you covered:

Today the Seattle Ethics and Elections Commission voted unanimously to release mayoral candidate Andrew Grant Houston from the democracy voucher program’s $400K primary-election spending cap, due to Bruce Harrell’s campaign hitting the cap.

The commission has agreed (6-0 vote) to release Houston from the $400,000 cap. https://t.co/NBq37k6OjV

Also today, Compassion Seattle announced they have collected enough signatures to get their measure on the ballot, and it looks like they’ll hit the deadline to be on the November ballot, which is what they wanted from a strategy perspective (November will have a much higher turn-out of voters).

Erica C. Barnett
Compassion Seattle just sent out an email saying they’ve collected more than 64,000 signatures to get their initiative, which would require the city to fund shelter by diverting funds from other purposes in order to “clear” encampments. That’s about twice what they need.
Meanwhile, The Stranger published a story about mayoral candidate Colleen Echohawk’s change of heart over Compassion Seattle. She began by supporting it, but no longer does so.

Seattle Police Officers’ Guild News

Illustrating the continued erosion of public mores, SPOG tweeted this week, taunting the community with news of a fatal shooting, implying the small amount cut from SPD recently caused this outcome. To be clear, there have still yet to be ANY police officer layoffs from SPD and their staffing plan was fully funded in the 2021 budget.

Seattle Police Officers Guild
It’s also worth noting that after a long pause, there is a new batch of appeals from SPD officers over disciplinary decisions being processed by the City Attorney’s office. To put this into context, Paul Kiefer writes:
But the latest group of appeals reached the city attorney’s office as the next election for SPOG’s presidency looms on the horizon, as does the beginning of the next round of contract negotiations between the union and the city.
And that’s all for now. Hope you have a wonderful weekend!

Recent Headlines

Will anything be done about a biased and incomplete OPA investigation? Read More »

40% of SPD sworn officers received at least one complaint in 2020

Seattle News

First up, Compassionate Seattle has changed the language in their charter amendment, adding a sunset clause so the amendment won’t remain in the charter in perpetuity and changing their language about sweeps. The new language is as follows:
It is the City’s policy to make available emergency and permanent housing to those living unsheltered so that the City may take actions to ensure that public spaces remain open and clear of unauthorized encampments. The City shall develop policies and procedures to address those individuals who remain in public spaces, balancing the City’s strong interest in keeping public spaces clear of encampments and the possible harm to individuals caused by closing encampments. While there is no right to camp in any particular public space, it is City policy to avoid, as much as possible, dispersing people, except to safe and secure housing unless remaining in place poses particular problems related to public health or safety or interferes with the use of the public spaces by others.
This appears to soften the amendment’s stance on sweeps, giving the serving Mayor discretion as to what kind of sweeps policy to pursue. However, given the downtown business donations to this charter amendment, it is apparent whose interests appear to be served by it.
Meanwhile, some disagreement has arisen as to where parking enforcement officers in Seattle shall be housed: the new Community Safety and Communications Center or SDOT. The workers themselves prefer the former option, and the Council followed their lead last year, but Mayor Durkan and SDOT prefer the latter. The parking enforcement officers were keen to be part of the new department in the hopes that they will eventually be allowed to take on additional duties that are currently performed by armed officers. This change of duties is, no surprise, subject to bargaining. While the Council has the power to decide where these workers will be housed, the Mayor’s office could make another obstructionist decision and slow down the development of the new department to show its displeasure.
The OPA released its annual report yesterday, and you can read a salient summary here. This graphic from the OPA’s report is worth a thousand words:
Seattle Office of Police Accountability
Seattle Office of Police Accountability
And if you’re interested in some election news, mayoral candidate Colleen Echohawk is still ahead in the mayoral fundraising race, with Nikkita Oliver leading the pack in the District 9 race.

Washington State News

 

SB 5476, the bill in response to the Blake decision decriminalizing drug possession, passed the State Senate this week, although its sponsor Senator Dhingra opted to vote against it. The new amendment that Senator Dhingra objected to made possession a gross misdemeanor, punishable by up to a year in jail and a $5,000 fine. Now the bill moves onto the House, which has indicated more willingness to leave drug possession decriminalized. If they do, then the two chambers will be forced to hash out a compromise. Meanwhile, a lawsuit has been filed to force Washington State and its counties to repay financial penalties for drug charges it has imposed in the past.
And with that, I will leave you to enjoy the gorgeous weather this weekend!

Other Articles of Interest

 

986 people have been shot and killed by police in the past year

Legislature moves to resentence up to 114 people serving life without parole under Washington’s three-strikes law | The Seattle Times

Audit of King County jails finds racial disparities in discipline, says ‘double-bunking’ leads to violence | The Seattle Times

40% of SPD sworn officers received at least one complaint in 2020 Read More »

Lining up the pieces on the chess board of local and state politics

Happy 2021!

First up, the first Council Briefing of the year was this past Monday.

This week the Seattle City Council passed their legislation granting the OPA and OIG subpoena powers. It’s worth noting these subpoena powers have to be bargained with the police unions before they’d come into effect, making this legislation another move in the City of Seattle’s attempt to come to the bargaining table in a stronger position (similar to their move late last year allowing for more representation for the various oversight authorities and the Council at the closed bargaining meetings).

The SPOG contract has officially expired now that we’re in the New Year, and it sounds like the city is probably going to delay the bargaining until spring in the hopes that legislation might be passed in the upcoming state legislative session that will assist in bargaining efforts. Both sides are currently maneuvering to be in the best possible position.

CM Morales mentioned the Black Brilliance Project’s preliminary report was delivered to her office before the Winter Recess, and she’ll be passing it along to the other CMs sometime this week. She did not say when the report might be made public.

This morning CM Mosqueda announced that this year she’ll be running for her City Council seat and NOT running for Mayor. This leaves the field open for a potential run by CP González, and we can expect more candidacies to be announced in upcoming days. The filing window for mayoral candidates is in mid-May in preparation for the primaries in early August.

The Court is also expected to be discussing the CM Sawant recall case later this week.

Meanwhile, all eyes are turning towards Olympia, with the state legislative session scheduled to begin this Monday, January 11. Many bills pertaining to police reform are on the docket, and Publicola published a good overview about the upcoming session. As the session gets going, there will be opportunities to write/speak to your representatives and give public testimony (remotely) to support some of this important legislation.

Here is a chart of some of the important events happening in 2021. The SPOG contract negotiations is an estimate and could easily start later and/or take longer than five months, but this gives us an idea of what the year might look like.

I hope your 2021 has gotten off to a good start, and thank you for reading!

Lining up the pieces on the chess board of local and state politics Read More »

OPA releases findings for first few cases from summer protests

The whole city is talking about the first set of findings on the Seattle summer protest cases the OPA released this morning. The two most high-profile cases of the five summaries released were the incident of the child being pepper-sprayed, which was found to be unsustained, and the incident of the officer putting a knee on a protester’s neck, which was partially sustained. More details can be found here and here. Kevin Schofield also interviewed OPA Director Myerberg on these findings yesterday.

The CPC have made a statement talking about the inadequate policies of the SPD and saying “It is also important to understand these disciplinary decisions are being made under the flawed disciplinary system created by the current police contracts.” Philip Weiss, who has been doing excellent work this summer reviewing OPA summaries on Twitter, gives his analysis of the OPA summaries in two Twitter threads:

Twitter avatar for @kingrat

Philip Weiss @kingrat
OPA cases have been released. And the first one I’m reading on the kid being pepper sprayed is making me fucking mad at @SeattleOPA .
Twitter avatar for @kingrat

Philip Weiss @kingrat
I think OPA is wrong on the policy too: 8.100 “Officers shall conduct a threat assessment so as not to precipitate an unnecessary […] use of force by placing themselves *OR OTHERS* in undue jeopardy.” Emphasis on OR OTHERS by me.
Twitter avatar for @kingrat

Philip Weiss @kingrat

The analysis is that because there was no policy of trying to not hurt bystanders, this was just fine. “there was no section of the policy that caused directed pepper spraying to be improper simply because it inadvertently affected another individual in the immediate vicinity.”

We also have an excellent investigative journalism piece in the South Seattle Emerald about the quest for police accountability from a journalist who permanently lost her hearing in one ear during a protest this summer. This piece painfully chronicles the bureaucratic twists and turns involved in the accountability process, illustrating some of the flaws in the current SPD accountability system. The injured journalist wouldn’t have gotten as far as she has in the process without hiring a lawyer, and even so, it is by no means certain she will receive any accounting whatsoever for the actions of the police officer who threw a flash bang at her while she was resting away from the protest.

In other news about accountability, Black Lives Matter Seattle King County filed a request with the OIG yesterday to investigate SPD’s potentially unlawful actions against protesters earlier this year.

Meanwhile, The Urbanist published a closer look at the history of the consent decree and recently resigned Monitor Merrick Bobb, which quotes former Mayor Mike McGinn at some length, laying out reasons the consent decree has failed and going into more depth of the influence SPOG has had on Seattle city politics over the last several years. Obviously there is a political battle being played out here, and hearing the other side of the argument is educational.

Finally, we have a a couple articles on reform on the county and state levels. While my focus here in this newsletter is primarily on Seattle, it’s important to remember that changes at every level of government can have impact. The King County 2021-2022 budget proposal is being introduced next week by Executive Dow Constantine, and this new plan “includ[es] alternatives to jail, community-based public safety alternatives, and divestments from the current criminal legal system.”  He also envisions a $1.9m decrease in spending on the county jail. He presents this budget to the King County Council on September 22. Andrew Grant Houston did a Twitter thread of Omari Salisbury’s interview with Nikkita Oliver about her reaction to this budget announcement And the Washington State Department of Corrections has drafted a strategy calling for a reduction of 30% of the state’s prison population over the next year.

I’ve heard the City Council might not be discussing the veto of the revised 2020 budget on Monday after all, possibly postponing that discussion until later in the week. CP Gonzalez previously stated the last day they can act is September 24, so we’ll see how things play out. This news seems to suggest a deal has yet to be reached between the Mayor and the Council.

Hope you have a good weekend!

OPA releases findings for first few cases from summer protests Read More »