SPD tech

Alternative Response in Seattle is Behind…Again

Seattle News

There’s a lot to catch up on, so let’s start off with the big news that the Social Housing Initiative 135 has passed! Next steps include bringing together a board of directors and seeking funding.

Mayor Harrell gave his State of the City speech last week. Apparently the white paper about a third public safety department that was supposed to be completed last year is still forthcoming. As this was supposed to be the main tangible step forward in 2022, the failure to deliver this white paper in a timely fashion is disappointing to say the least. But at least the new department has a name now, which obviously took many hours of painstaking work: CARE, the Civilian Assisted Response and Engagement Department. Apparently we’ll also be hearing more about police officer hiring this year, which is hardly a surprise, although given the difficulty police departments across the country are having hiring, these are conversations that seem unlikely to deliver the desired results.

Last week the Adley Shepherd case was dismissed by a U.S. District Court Judge. Adley Shepherd is a former SPD officer who was fired after punching a handcuffed woman in the back of a squad car. His case has been filtering through arbitration and courts ever since, most recently as a suit brought by him against the City of Seattle.

The City of Seattle settled the CHOP lawsuit for $3.65m, $600k of which was due to the missing texts of former Mayor Durkan, former SPD Chief Best, and others. This money, as well as additional costs of defending the lawsuit, comes from taxpayer dollars.

At this week’s Public Safety and Human Services committee meeting, the CSCC presented on their 911 Protocols Software that would enable them to dispatch calls to responders other than the police. Right now the plan is to implement dual dispatch including SPD, although CM Herbold was quick to remind us that dual dispatch doesn’t necessarily mean a police officer will be on the scene in every instance, but rather in some cases SPD would simply be situationally aware of the dispatch of a civilian responder. That being said, it was made clear at the meeting that the nature of the dual dispatch model has yet to be determined

Shocking no one, given we’ve been holding our breath for a particular white paper since December, all the work on alternative response appears to be behind schedule. None of the deliverables outlined on the term sheet regarding developing alternative response between the Mayor’s Office and Central Staff appear to be complete. Some of this delay was attributed to the hiring and on-boarding of the new interim Director of the CSCC, Rebecca Gonzales, although of course everyone already knew when deliverable dates were set that a new director would need to be found. CM Lewis was frustrated enough to say that if more progress isn’t forthcoming in future briefings, the Council might need to take a more assertive role in this work. Given Seattle has been waiting two and a half years for alternative response with nothing to show for it, this reaction seems quite measured.

The protocols and work flow of the new triaging dispatch system also won’t be complete until late this year. CM Herbold called out that we continue to be told of reasons why we can’t move forward on implementation of alternate response: SPD’s RMD analysis, the overdue white paper from the Mayor’s Office outlining the new third public safety department, and now this triage dispatch system. She expressed her hopes that launching an alternate response pilot for person down and wellness checks won’t depend on the dispatch system being complete. CM Lewis pointed out other cities with alternative response have triage systems that dispatch to fully civilian responses, not just dual dispatch. And so the slog to push alternative response continues sluggishly forward as Seattle continues to fall behind many other cities who have been able to do this work.

Due to objections from SPOG, SPD discontinued use of Truleo software that analyzed police body-cam footage to look for potential police misconduct. Unfortunately, SPD’s use of several other surveillance technologies was approved by the Seattle City Council earlier this week, including “cell phone and laptop extraction tools, a geospatial analysis technology called GeoTime, remotely operated vehicles, crash retrieval forensics and hidden GPS trackers and cameras.” Seattle has its own Surveillance Advisory Working Group, and the CMs failed to implement many of this work group’s recommendations relating to the use of these technologies.

A recent report shows that Seattle’s automated traffic cameras disproportionately target Communities of Color. In fact, 65% of automated traffic cameras are placed in neighborhoods with relatively more people of color and immigrants; Seattle’s most dangerous roads tend to be in these communities because of displacement. In 2022, Seattle’s automated cameras issued almost 200,000 traffic tickets, which is almost fifty times more than the number given by police. It’s also worth noting that these camera-generated tickets currently require review by police, meaning such a large volume requires additional resources given to SPD in order to review them; to do otherwise would require a law change. An op-ed in the South Seattle Emerald by Ethan C. Campbell and Nura Ahmed outlines several ways to address issues of equity surrounding traffic cameras in Seattle. 

CM Herbold wrote the following about violent crime in Seattle in 2022:

Although, over the entire year, the data shows violent crime higher than it’s been for years, the SPD Crime Dashboard shows that there were 363 violent crimes reported in December 2022; this is the lowest number of violent crimes reported for a month since February 2021, when 329 violent crimes were reported. The December 2022 figure is lower than the 403 violent crimes reported in December 2019 (before COVID-19, before the murder of George Floyd, and before 500 officers left SPD).

A further review of the SPD dashboard shows that moving into 2023 (the report only covers 2022), 371 reported violent crimes in January, slightly lower than January 2020, with 373 reported violent crimes.

Shots fired, while higher overall in 2022, are also dramatically declining, according to the Chief.”

When discussing violent crime in 2022, it would be remiss not to reiterate the increasing violence experienced by unsheltered people.

The turmoil at the Seattle Human Rights Commission (SHRC) and the Community Police Commission (CPC) continues. Two more SHRC commissioners have recently resigned as commissioners continue to receive legal threats from the City Attorney’s Office about trying to seek amicus status in the consent decree, and the CPC Executive Director Brandy Grant resigned on February 10. Cali Ellis has been named as the interim director. After events at a CPC community engagement meeting on February 14 and the CPC’s regular meeting on February 15, both Castile Hightower and Howard Gale have filed complaints with the OPA about SPD Officer Mullens, who also sits on the CPC. 

King County News

The ACLU of Washington filed a lawsuit on Friday against King County and Executive Constantine arguing they are in breach of a settlement agreement regarding the King County Jail mandating certain staffing levels and inmate access to medical care and court hearings. Advocates held a press conference and rally outside the jail on Monday morning.

Election News

Becka Johnson Pope, who has spent the last three years managing King County’s budget, announced her run for the King County Council seat for District 4. Sarah Reyneveld has already announced her run for the same seat.

Seattle CM Dan Strauss has announced his intentions to run for re-election in District 6.

ChrisTiana Obeysumner has declared their candidacy in District 5. They are one of six filed candidates so far for the district.

WA State Legislature

Sadly, the bill banning solitary confinement has died again this year. The new drug possession bill also doesn’t look promising.

HB 1513 (traffic stops), HB 1025 (qualified immunity), HB 1579 (independent prosecutor), and HB 1445 (AG investigations & reform) are all headed for floor votes. March 8 is the cut-off date for bills to be voted out of their house of origin. 

Recent Headlines

SPD Continues to Answer a Large Number of Non-Criminal Calls

Seattle News

SPD’s 2022 Crime Report was released this week and will be discussed at the next meeting of Seattle’s Public Safety and Human Resources committee on Tuesday. While one of the report’s pull quotes is “the violent crime rate reached a 15-year high in 2022,” it is important to remember not only that crime data provided by police departments is not inherently reliable, but that violent crime in Seattle began to drop in the fall of 2022, and December 2022 had the fewest number of violent crimes reported since March of 2020. 

As an article in today’s Seattle Times states: “Overall Seattle crime is down 28% in the past five months, and violent crime is down 30% compared to earlier in 2022, which Diaz said translated to 1,000 fewer police reports filed last month than in January 2022.” Regarding gun violence, it states: “Manion, who’s planning a gun violence prevention summit next month, noted the last quarter of 2022 was also the fourth consecutive quarter where the number of people age 18 to 24 injured or killed in shootings had declined. She thinks the decrease among that demographic is likely a result of intervention work being done by community groups and Harborview social workers, as well as the return to in-person schooling.Unfortunately injury and fatalities from gun violence in the 30-to-39 year old age group have continued to increase, showing where more intervention may be needed.

Other information of note in the SPD’s 2022 Crime Report:

  • The top five categories of 911 call types answered by SPD in 2022 were non-criminal in nature: traffic, suspicious circumstances, disturbance, assist public, and premise checks.
  • Community-generated calls remained at the same level in 2022 as 2021.
  • Bias crimes against unhoused people increased in 2022.

Several surveillance technologies currently in use by SPD were discussed at the Economic Development, Technology, and City Light Committee meeting this past Wednesday. You can read more about the ACLU Washington’s take on Seattle’s use of these technologies here.

A crowd of bystanders gathered near 12th and Mercer on Wednesday night to intervene with a police response to an unarmed person in crisis. One officer had aimed his rifle at the person in crisis and commanded them to drop any weapons and get on the ground. Bystanders yelled that the person in question didn’t have a gun and began filming the scene, eventually persuading the police to disengage and protecting the person in question from a potentially violent police response.

Election News

Seattle CM Mosqueda has confirmed her run for King County City Council Seat 8, and she already has a huge number of endorsements, including from Seattle Mayor Harrell and his opponent former Seattle Council President Lorena González, Executive Constantine, and the more progressive Seattle and King County CMs.

CM Lewis has his first announced opponent for Seattle CM in District 7 in Ryan Krumbholz.

And of course, ballots for Initiative 135 for social housing in Seattle are due on Tuesday, February 14.

WA State Legislature News

Senator Dhingra introduced her drug decriminalization bill that follows SURSAC recommendations, SB 5624, which had a hearing on Monday. The bill had also been scheduled for an executive session for later in the week, but this hearing was later canceled. Senator Robinson’s bill SB 5536 appears to be the preferred vehicle moving forward. This bill makes drug possession a felony while inserting the word “knowingly” to address the Blake decision, and it encourages the use of diversion programs.

Bills are moving along as we draw closer to the committee cutoff date of February 17, a week from today. HB 1513 regarding traffic stops and safety had an executive hearing on Thursday. HB 1363 unrolling the important high speed pursuit bill of 2021 has a tentative executive hearing next week, SB 5533, which would study high speed pursuits and collect more data, is scheduled for a hearing in the Ways & Means committee on Tuesday.

HB 1024 providing minimum wage in prisons has an executive session in the Committee on Appropriations on Monday, as does HB 1087 regarding solitary confinement. SB 5383 to decriminalize jaywalking has its first hearing in the Transportation committee on Monday. HB 1579 to establish an independent prosecutor had an executive session on Thursday. HB 1025 concerning civil liability for police had an executive session on Friday, and HB 1445, the AG investigative and reform bill, was referred to Appropriations. 

Housekeeping

I’ll be keeping a general eye on events but will be on vacation for the next two weeks, so unless something monumental happens, you can expect more Notes from the Emerald City in early March.

Recent Headlines

Digging into Seattle’s SPD and Public Safety Budgets

Seattle Budget Meetings

Today was the last of the Seattle Select Budget committee meetings on issue identification related to the 2022 budget.
This first thread is on alternatives to police response and the criminal legal system:
Amy Sundberg
Good morning! I’m here live tweeting at today’s Seattle select budget committee meeting where they’re about to discuss issue identification for alternatives to police response and the criminal legal system.

The second thread finishes up the alternatives conversation and then covers the SPD presentation:

Amy Sundberg
Okay, we’re back with Seattle’s select budget committee, finishing alternatives to police response and the CLS. We’re talking about subsidies for electronic home monitoring.
The City Council has a bunch of decisions related to public safety to make regarding next year’s budget. Here are some things to watch for:
CM Mosqueda sounds dedicated to clawing back as much as possible of the JumpStart funding the Mayor used in the proposed 2022 budget; she wants to implement the JumpStart spending plan passed by the Council last year and avoid future spending cliffs. Unfortunately, this seems to entail taking $27.2m of PB, leaving $30m to spend in 2022 rather than the much larger $57.2m in the proposed budget; some large amount from the Equitable Communities Initiative so they’d have exactly $30m to spend in 2022; and possibly some money from the HSD community safety capacity building program so they’d have exactly $10m to spend in 2022. This means we’re seeing the above priorities be pitted against JumpStart spending plan priorities. For anyone who is generally in favor of both sets of spending, the effect is a bit dampening, to say the least. Of course, for the former priorities, any additional money beyond the ongoing annual amount would need to be spent on one-time projects and investments.
There is a lot of question as to which alternatives to police response should be funded in the new budget, as well as disappointment expressed by CMs that more investment isn’t already in the budget in this area. The new Triage One program, which is being proposed to be housed in SFD, will not be able to be implemented until December 2022, which is still fourteen months away; if it were instead to be housed in CSCC, it would take even longer. Other alternatives being considered by CMs include contracting with an outside community organization for these services or beginning a new different pilot project within CSCC. CM Lewis in particular is in favor of experimenting with a few different approaches in 2022 and then deciding in future budgets which efforts to scale up or down. Several CMs agreed on the urgency of this work.
There was also a bit of discussion about administrative responders, which would be civilians who answer certain calls to take reports, for example for minor traffic accidents or damages/burglaries when the insurance company requires a police report be filed. This could potentially be a body of work taken on by the CSOs or another group. And of course, there’s the perennial question of where the CSOs should be located: within SPD or within the new CSCC.
CM Herbold suggested they might be able to take a different approach to moving certain bodies of work outside SPD. Because there is such a staffing shortage at SPD at present, this may be creating extenuating circumstances that create a different legal framework for having civilians do certain tasks because the City is otherwise unable to get the work done at all. This could have potential implications for parking enforcement officers, community service officers, and even for things like how much work the fire department does in Harbor Patrol compared to SPD.
Response times to 911 priority one calls have been going up, but it turns out the number of sworn officers responding to calls hasn’t changed between this year and last year. (This is because Chief Diaz has moved a number of officers onto patrol duty to make up the difference.) That indicates the greater response times might not be because of SPD’s staffing woes, but rather because of management problems, the way responders are being deployed, increased traffic, increased number of calls, etc.
The SPD appears to be saying they want to spend around $1m on technology to do even more analysis on the NICJR report about which 911 calls could be responded to by people other than police officers. They anticipate having a risk analysis done on the 29 call types that are being considered “low hanging fruit” by the end of quarter one of 2022…so a bit more than five months from now.
There continues to be a somewhat antagonistic relationship between SPD and the Council in that Greg Doss from Central Staff, when discussing technology investments for which SPD wants to spend salary savings, said that SPD appears to be telling the Council what they’re going to do rather than asking. They’ve already entered into some commitments regarding these technology investments even though they haven’t yet received budgetary authority for them. In better (?) news, it does appear SPD might not overspend their overtime budget in 2021, although given that we’re still in a pandemic, that isn’t perhaps as big an achievement as it would have been in other times, especially when we also consider the fact that other city departments aren’t generally in the habit of overspending their budgets and then asking for more money after the fact.
Then there is the issue of SPD’s salary savings spending plan. In the proposed budget SPD will have 1357 sworn officer positions funded, but will only be able to actually fill 1223 of those positions (and that’s if they can meet a very ambitious hiring plan, hiring more officers in 2022 than they have in any of the last ten years, and have the lower attrition rate in 2022 they’ve estimated). This will result in an estimated salary savings of $19m. The Council has to decide, first, whether to continue funding those additional 134 sworn officers positions that will remain empty in 2022. If they do, then they have to decide whether to approve of SPD’s plan of how to spend this salary savings, including on another squad of CSOs; $1.1m on hiring bonuses in an ongoing program; and $5m on various technology projects. Additionally there is the issue that funding for the proposed Triage One team and the Peacekeeper’s Collective is currently coming from this salary savings; this means that if SPD staffs those unfilled positions in the future, there will no longer be a funding source for those two programs.
Meanwhile, some details pertaining to sustaining and/or expanding the pre-filing diversion program seem to depend on the upcoming election for City Attorney. The City Attorney, for example, gets to decide when to charge somebody and how much diversion to practice. CM Lewis once again pushed for the Council to pass legislation to require the City Attorney to maintain a diversion program. The City Council could also theoretically pass legislation to decriminalize certain crimes (although not those on a state level), which may save money that could then be spent on the diversion program.
The next budget committee meetings are on October 26-28, starting at 9:30am, when the CMs will be discussing their proposed amendments to the 2022 budget. There will be time for public comment at the beginning of each of these three meetings.

More Resources on these Budget Discussions

New Seattle 911 response pilot program and the OIG criticizes SPD’s protest response

This Week’s Council Briefing

Amy Sundberg
Good morning, and welcome to this week’s Seattle Council Briefing!
CM Herbold announced she has a bill coming before Full Council next week (on July 26) designating facial recognition software as a surveillance technology for the purposes of the existing ordinance that allows the Council to review such technology. Chief Diaz has said the SPD has no intention of beginning to use Clearview AI at the department, as one officer did recently without permission. She also reminded us that the less lethal weapons bill won’t come before the Full Council for a vote before August 16 at the earliest, as she wants to wait for Judge Robart’s consent decree status conference on August 10.
On the agenda of the public safety and human resources committee meeting this coming Tuesday, July 27, is a briefing and discussion about the Office of Inspector General (OIG) Sentinel Event Phase 1 Report, regarding how the SPD handled the protests last summer, as well as briefing and discussion on “Summary Findings on the Executive Order on Re-imagining Policing and Community Safety.” You can read the OIG report here, which includes recommendations on how SPD can improve their protest response. This report only includes the first three days of last year’s protests. Among other things, the report suggests shifting away from the police as crowd control and more towards protest facilitation, and tactical changes like police not leaving weapons unattended in vehicles, being allowed to express solidarity with protesters, minimizing unnecessary arrests at protests, and replacing police radio communication with encrypted messaging system (like WhatsApp) for protests. The report offers 54 recommendations in total.

Seattle News

Today Mayor Durkan announced a new plan for Seattle’s response to 911 calls that don’t require armed officers, tentatively called “Triage One,” the funding for which she will be including in her proposed 2022 budget this fall. It will begin as a pilot program with limited capacity. As The Seattle Times reports:
The idea is for Triage One to be housed in the Fire Department and be staffed by civilian city employees, possibly partnered with officers or firefighters, Durkan said. The responders will know de-escalation techniques and how to navigate people to social services, she said.
The new Triage One team would respond to lower acuity calls than those responded to currently by Health One, and would have the ability to contact police or Health One if necessary.
After many delays and much foot dragging from Mayor Durkan, this week the City of Seattle also announced the recipients of the $10.4m in grants for community safety capacity building. 33 organizations are receiving these one-time grants; you can read the list of which organizations have received them here.
Chief Diaz wrote a blog post this week detailing what changes the SPD will be making in response to changes in state law this year. He says the new laws will cause changes in how officers handle “Terry stops,” stops made without probable cause for arrest. The department will also do away with its high-caliber rifles and shotguns, but they will not turn in their high-caliber rubber bullet launchers unless they hear otherwise from State Attorney General Bob Ferguson.

Recent Headlines

KUOW - This is who Seattle Mayor Jenny Durkan texted with last year: Mike Pence’s body man, and Amazon CEO Andy Jassy

Former public defender, arbitrator challenge 3-term incumbent Pete Holmes in Seattle city attorney race | The Seattle Times

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

The City Attorney and the Consent Decree

Seattle News

Last week, the news broke that several SPD officers, including SPOG president Mike Solan, registered to vote using the addresses of different SPD precincts instead of their home addresses. Registering to vote at an address where you don’t live is a Class C felony, but while the OPA gave out disciplinary actions, “it appears that the SPD didn’t even bother to conduct a criminal investigation into the apparent felony matter.”
Converge Media unveiled a great website resource tracking the $100m allocated for investment in BIPOC communities in the 2021 Seattle budget.
An SPD officer has been using facial recognition software Clearview.AI in some of his investigations, which has revealed some loopholes in the City’s laws. “To deal with the gray area surrounding facial recognition technology, Myerberg recommended that Diaz either create a new surveillance policy that explicitly forbids the use of facial recognition software; he also suggested that Diaz could ask the city council to modify the 2018 surveillance ordinance to clear up any confusion about whether it applies to facial recognition software.”
And if you’re looking for an overview of the possible loss of momentum within Seattle’s City Council to continue “reimagining” the city’s policing, look no further!

Election News

Seattle Weekly published an overview of King County’s upcoming elections, which include various city council members, mayors, and school board positions. And the South Seattle Emerald published an interview with abolitionist Seattle City Attorney candidate Nicole Thomas Kennedy.
If you’re in the mood for more in-depth Seattle election coverage, last Friday’s Hacks & Wonks podcast features a conversation between Crystal Fincher and Mike McGinn. They speculate it might be a year for outsiders, comparing how many Democracy Vouchers have been collected by Colleen Echohawk and Andrew Grant Houston versus their more established opponents in the mayoral race, and also note that Jessyn Farrell’s support of the Compassion Seattle initiative could be another signal of her interest in running in the “right lane” of the Seattle political divide. However, her lack of success thus far could be a sign of the business-labor hybrid coalition of the past few elections falling apart.
Perhaps of even more interest, Mike McGinn talks at length about his experiences with current City Attorney Pete Holmes. He reveals that the mediator chose to keep Pete Holmes out of the mediation over the Consent Decree between him (when he was mayor) and the Office of Civil Rights. Mike McGinn also said the following:
“Well, we’ve been told – we were being told for years by the Monitor and mayors – that reform was on track and Pete was joining that chorus. And what we saw with the protests, and the police behavior, and tear-gassing the public – leading to a federal court order against it. What we see is that reform failed.
And Pete says he was at the helm of that, but now he has to be there to help fix it. And I think that from the progressive side, they see that he’s not really solving the problems that he says he’s for.”
“So what started as an attempt to engage the community in a dialogue with the City and the police department about what reform looks like – with the belief that it should be homegrown because it’s more likely – let’s listen to community – has now turned into this very, very top-down thing, being run by a judge, in which so much of the local control has disappeared….
And so since there was never any pushback on the judge – now the ability of the community as a whole to influence police reform has been taken away and resides in the judge. And there’s really only one place that – there’s only one person under the City Charter who had the authority to go in on behalf of the City and say, “Do something different.” And that was Pete Holmes. And he never was willing to challenge the Monitor, never willing to challenge the judge, never willing to stand up for the community in that way. So Pete, you’ve been at this – I go back to – been in there 12 years, said he’s necessary to police reform. He has to take some accountability for how he’s not gotten it done overall.“
These quotes give a good idea of the importance of the City Attorney in overseeing how the consent decree has played out, as well as some issues that might come to play in the current election race between Pete Holmes and his challenger Nicole Thomas Kennedy.

Recent Headlines

Why police reform tactics fail over and over again - Washington Post

Washington prisons chief Stephen Sinclair was forced out of his job by Gov. Inslee, records show | The Seattle Times