At her press conference yesterday, Council member Lorena Gonzalez showed a”subway map” diagram of the complex disciplinary process for SPD oficers and supervisors as defined under state law, local law, and its contracts with the two unions representing officers and supervisors.
Here are the diagrams — both high-level and drill-downs. Kudos to the Office of Inspector General for Public Safety for taking the time to make and publish them.
Of particular interest are the grievance and arbitration processes, which are one of the reasons that Judge Robart recently found the city out of compliance with the Consent Decree. The arbitration process allows for “forum shopping” by officers between the Public Safety Civil Service Commission (PSCSC) and an outside arbitrator, and allows the arbitrator to overrule a disciplinary decision by the Chief of Police (something Robart found particularly problematic). However, under state law public safety officers have the right to arbitration as a path for appealing disciplinary findings, in part to compensate for the fact that they are forbidden from participating in labor strikes. The 2017 Police Accountability Ordinance removed arbitration as an option, forcing all appeals to go through the PSCSC, but arbitration was reinstated as part of negotiating the SPOG contract (because the city can’t unilaterally take it away if the officers don’t want to give it up).
Last week, when it became known that Mayor Durkan had hired an outside consultant firm to develop a Court-ordered methodology for assessing the city’s police accountability regime, there was near-instant backlash from 24 community groups as well as the Community Police Commission. Today, three City Council members jumped on that bandwagon.
Last week the Seattle Police Department published its annual report on stops and detentions, with numbers for 2018. It begins by noting that Terry stops are up substantially over 2017 numbers — but then it provides another 25 pages of text, tables and charts that offer little help in understanding why. In fact, SPD itself admits in the report that they don’t know what the increase means:
SPD conducted 18.5% more Terry stops in 2018 than in 2017. However, statistical trend analysis shows that this increase appears to be an anomaly. Our analysis next year will indicate whether a pattern is developing or whether 2018’s data are a one-time increase.
But the data tells a clearer story than SPD is letting on. It took a few days of work to reverse-engineer and otherwise piece together the data that the department left out of its report and to follow the bread crumbs through it, but here’s the story that the data tells.
As he promised last week, this afternoon Judge James Robart issued his written ruling finding that the City of Seattle has fallen partially out of compliance with the 2012 Consent Decree on biased policing practices.
In so doing, he clarified some questions raised by his bench ruling last week, but left other important ones unanswered.
This morning Judge Robart ruled “from the bench” that he has found the City of Seattle to be partially out of compliance with the 2012 Consent Decree between the Department of Justice and the city regarding biased policing.
If there’s one thing that the Seattle Police Department has become quite good at, it’s churning out reports on its reform efforts. In the run-up to a pivotal hearing on May 15th with U.S. District Court Judge James Robart, the city has filed several reports on it recent work to continue and sustain its police reforms under its consent decree with the Department of Justice.
As directed by Judge James Robart, who oversees the city’s 2012 consent decree over biased policing, the Community Police Commission and the City of Seattle have both filed their final briefs on the new contract with SPOG, the police officers’ union, and on the recent arbitrator’s reversal of the termination of Adley Shepherd for excessive use of force. And neither side is backing down.
In January 2018, Judge James Robart declared the City of Seattle to be in “full and effective compliance” with the Consent Decree the city and the DOJ signed with regard to biased policing. That declaration kicked off a two-year “sustainment period” in which the city is required to remain in compliance, and show it is doing so through a scheduled series of audits and other reports.
This afternoon, the city, the DOJ, and the court-appointed police monitor each submitted to the court a report on how the first year went.
This afternoon, the Department of Justice submitted its brief to U.S. District Court Judge James Robart in response to his order to show cause why the terms of the city’s contract with SPOG and the recent reinstatement of Officer Adley Shepherd don’t mean that the city has fallen out of compliance with the Consent Decree.
In its brief, the DOJ argued that the overturning by an arbitrator of Shepherd’s termination isn’t a sign of a systemic pattern or practice of excessive use of force. It also found that the SPOG collective bargaining agreement neither conflicts with the Consent Decree nor threatens to undermine compliance with it.
The Seattle Times reports that a King County Superior Court judge today agreed to hear an appeal of the Disciplinary Review Board’s decision on disciplining Officer Adley Shepherd, who punched a handcuffed suspect in the face when she kicked him in the forehead as he attempted to place her in the back seat of his police car.