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How do we reform the SPD?

Saturday will bring yet another protest against the Seattle Police Department to Capitol Hill. The promises of change at City Hall continue. CHS asked city and community leaders: what, if anything, has been accomplished in reforming policing in Seattle so far? And what still needs to happen to clean up the SPD?

Since a Department of Justice (DoJ) investigation found Seattle police to be brutal and possibly biased, city leaders have promised a new and improved department. But SPD’s martial response to #BlackLivesMatter protests over the past half-year, and recently-surfaced videos showing officers pepper spraying a local high school teacher and detaining a pedestrian (both black, both times apparently without provocation), have stoked public skepticism toward these promises.

Behind this, negotiations are underway in what has become a nearly perpetual tussle over the city’s contract with the powerful Seattle Police Officer’s Guild. The Stranger reported this week on what it could learn about the status of the talks and the likelihood that recommendations from the city’s Community Police Commission will be included in the deal.

“Reform and cultural change is not an option. It’s an absolute must,” said City Council president and former cop Tim Burgess.

Tim Burgess

Tim Burgess

Burgess acknowledged the need for significant changes at SPD, but while “we’ve got a long way to go,” he said, changes in city leaders’ attitudes toward reform have made him “hopeful” in the past year. There is now “a commonly held belief among the mayor, the city council, the city attorney, and the chief of police that” reform is necessary, he said. “The city’s political leadership is unified.”

Burgess attributes this consensus largely to the leadership of Mayor Ed Murray and Chief Kathleen O’Toole. It’s a huge step forward, he said, from where city leaders were three years ago, when the Justice Department mandate first arrived.

“In a white society, people don’t ever want to deal with history,” said Rev. Harriett Walden. Her role on Seattle’s Community Police Commission (CPC) came out of the 2010 police killing of indigenous woodcarver John T. Williams, but she’s spent decades as a community activist trying to remind a largely white, affluent city of its blemished past.

RevWalden2

Harriett Walden

Like many, Walden was appalled by video of retired Metro bus driver William Wingate being arrested without any apparent cause by SPD officer Cynthia Whitlatch. But it could have been worse, she said. “I’m glad that he was an older man who was really cool, calm and collected,” said Walden, “because if it had not been an older man, the officer might have killed him.

“She was a white woman saying she was afraid of a black man,” she added. “That’s a part of the history of America. Many, many men have been killed because a white woman said she was afraid.”

District 3 candidate and Seattle Women’s Commissioner Morgan Beach seconded Burgess’ praise for Murray and O’Toole as would-be reformers, lauding the chief for testing the department’s backlog of rape kits and for improving its disciplinary procedures.

While she wants to see more movement on racial issues from the chief, Beach said, she is cautiously optimistic. “Having a mayor and a police chief who don’t fight you on the fact that [police reform] is an issue,” Beach said, “is already a 100% turnaround [for] some of the communities that are facing [these] issues.”

Her opponent, Rod Hearne of Equal Rights Washington, said he’d like to see a review of the SPD’s semi-independent auditor, the Office of Professional Accountability (OPA).

“On the one hand, I want our officers to have some discretion to do their job appropriately,” said Hearne. “But at the same time it seems like the [internal disciplinary] system has sort of balanced more toward protecting the job security of the officers than protecting the public.”

Kshama Sawant, District 3’s de facto incumbent, characteristically called for stronger reform than her opponents. Pointing to their violent response to the MLK Day march, Sawant said “it is not clear” whether SPD has accomplished any meaningful reform so far. She also expressed skepticism toward Murray and O’Toole’s promises of improvement. “We need the police to [address issues like wage theft], rather than being an intimidating presence at a peaceful protest,” she said.

Central District activist Bill Bradburd, who is running against incumbent Sally Clark for an at-large seat on the City Council, talked about the military mindset that he thinks is too prevalent among cops.

“I think we’ve all run into that situation, where the cop who pulled me over does not like me and he feels his job is to intimidate the shit out of me,” said Bradburd. “And I’m a white man; I can imagine how a young, black kid feels.” Bradburd mulled for a moment. “Well, I can and I can’t. I can speculate.”

“There should be undoing racism training inside the police academy,” said Dustin Washington, Director of the AFSC’s Community Justice Program.

Dustin Washington

Dustin Washington

Washington said that reform per se is insufficient: the SPD must be “transformed” from a legion of “warriors” into a corps of “guardians” who understand both the communities they serve and how racism affects those communities.

“Too often we focus on what individual officers do, but it’s a systemic problem,” Washington said. “Individual officers only conform to what the system allows them to do.”

Washington emphasized that police are not the only powerful institution with which poor and of-color communities interact. For instance, racial discrimination in Seattle’s schools creates a school-to-prison pipeline, while job discrimination against ex-cons makes it difficult for anyone who’s served time to re-integrate into the above-ground economy. “It creates a vicious cycle,” said Washington. “And then police are sent in to interact with communities that are dealing with all these systems and institutions.”

What will reform look like?
Burgess’ answer is largely technical: better training (for example, in conflict de-escalation), data-driven policing, and support for Chief O’Toole as she continues to clean house. “She is fundamentally different from any previous police chief in Seattle,” Burgess said.

“Her perspective, her worldview—she has much broader experience, internationally as well as nationally. And she has a determination to bring effective change.” He noted her appointment of Mike Wagers, a civilian she brought on as her Chief Operating Officer shortly after assuming control of the Department last year, as an example of the kind of apolitical, problem-solving approach that he applauds. In terms of independent oversight of police, Burgess said he’s satisfied with existing mechanisms of civilian supervision: the CPC, the OPA, and the federal monitor which supervises the Department’s compliance with the Justice Department reform mandate. “We have probably one of the best civilian oversight systems in the whole country,” said Burgess, “in terms of its structure. The problem is that it hasn’t been functioning long enough with a high degree of transparency and trustworthiness, so they too are building their reputation and building their trust with the public.”

Beach isn’t quite as optimistic — “Somebody needs to be held accountable for the fact that we’re not making the changes that even the federal government says we need to be making,” she said—but also thinks the SPD’s Come-to-Jesus moment will be found in the nuts and bolts of departmental policy. “Really, what feeds into this is an institutional issue, and that’s what creates this problem,” Beach said. “And where you fix it, as unglamorous as it sounds, is on the training and recruitment of people. You have to start in building a better institution.”

Beach and Bradburd both also suggested the city promote — or require — more police officers to live within the city. “When the police are not part of our community, and they come in to police us, it creates this Us and Them kind of situation,” Bradburd said. Beach thinks the city should require some minimum number of cops to live within the city (most of them don’t). The City Council “just passed a priority hire program that focuses on a quota for the number of Seattle residents who have to work on construction projects that are funded by the city,” Beach said. “We should definitely do the same thing for our police force.”

Hearne said that the public — protesters especially — are also responsible for mending relations with the police. Recalling how he’d seen demonstrators at a public hearing on police accountability “saying things that I thought were pretty unhelpful, like ‘The police are murderers’ and ‘Fuck the police,'” he suggested public forums and a “public education effort” to “[help] citizens understand what the police are doing, how they’re doing it, and how to react cooperatively when approached by the police.”

Kshama Sawant

Kshama Sawant

By contrast, Sawant said Seattleites should press for “a democratically-elected oversight committee that has full-powers over the SPD, that can hold the SPD accountable.”

Washington said that while he “wouldn’t be opposed” to such a committee, any attempt to fix the police without a “lens” of “structural racism, internalized racism, and systemic poverty” is doomed to fail. “I’m asking us to question: What is the overall role of police in the community?” he said. “Of course you don’t want people being brutalized, of course you don’t want people being disrespected.

“But that’s not enough.”

Within SPD, Washington suggested anti-racism and “restorative justice” training for officers, as well as implicit bias tests for new recruits. (You can take Harvard’s implicit bias test here; this reporter received a score of “moderate automatic preference for European American compared to African American.”) More broadly, he called for dialogue and better city policies for dealing with the slew of institutional pressures (jobs, housing, schools, drugs, and so on) that intersect with community/police relations. “You cannot just address police accountability or whatever the buzz word is today,” he said, “without addressing the holistic picture.”

For her part, Walden said she’s heartened by what she sees as the police guild’s apparent willingness “to come and work at some of these issues…I hope they continue to want to really work for police accountability reform, and to get rid of the ‘Us and Them’ mentality.

“It’s not that when you put on that blue uniform, you leave your humanity outside the door,” she added — but then reconsidered her statement. “I get to thinking about the lack of humanity” in the New York police officers who choked Eric Garner to death last year, Walden said. “There’s something disconnected from the humanness of a person when you actually choke somebody to death and they say they can’t breath, and you’re doing it in the line of duty.

“It’s like, ‘Okay, are you not really a human being anymore? Or you don’t think other people are human beings?’ I don’t know how an officer can go home and be alright with themselves, even if the law says that [they’re] gonna not be charged, when [they] choked a man to death.”

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Casey should be a cop
Casey should be a cop
9 years ago

Why don’t compassionate seattlities with Seattle’s values become cops is my question you all wax poetic about rights but don’t want to do any of the dirty work. Doubly so with how this city leadership is moving to a anything goes policy. You want to legalize homeless or whatever vapid hashtag statements of the week but none of you actually have the guts to enforce the laws you create. Then on top of that you have the audacity to complain about the lawlessness you advocate forn when no wonder why the cops hate you all. For such tolerante and open minded people youball sure have no interest in seeing what the cops go through.

what
what
9 years ago

what

black lives don't matter
black lives don't matter
9 years ago

Most of you don’t care about police lives or our families and livilyhoods (or any lives for that matter as all your techwas made with salve labor) so guess what we don’t care about you.

COMTE
COMTE
9 years ago

Given your atrocious spelling and inability to use proper punctuation, it would appear most of the citizens of Seattle are overqualified for the position of LEO. Either that, or you should probably avoid drunk-posting.

Mimi
Mimi
9 years ago

So let me get this straight. You are a cop posting under the name “black lives don’t matter” and saying that you “don’t care” about the public you are paid to serve and protect? I think you deserve to have your identity revealed for posting this publicly and I am going bring this post to the attention of O’Toole and the OPA. Let Whitlatch’s experience on Facebook be a lesson to you.

Gamer
Gamer
9 years ago
Reply to  Mimi

I think both of the initial two posts were written by the same person who probably is not a cop. Trolls love to exact the kind of reactions you exhibit.

RWK
RWK
9 years ago
Reply to  Gamer

I agree that he/she is probably not a cop.

Mimi
Mimi
9 years ago
Reply to  Gamer

Have you seen this? There is a very real issue happening right now with some SPD cops spewing racism online. Maybe this one person is a troll but it’s not a leap to think they are a real cop given the current climate.

http://www.thestranger.com/slog/archives/2015/02/07/chief-kathleen-otoole-places-seattle-police-officer-sam-byrd-on-leave

Tim
Tim
9 years ago

Kshama Sawant wants police to investigate wage theft. That would meet the very definition of a police state. I don’t think that is the type of reform people in Seattle want.

jc
jc
9 years ago
Reply to  Tim

Officers enforcing the law is a police state? I think you should check your definitions, and your information. The wage theft law passed in 2011 specifically authorizes SPD and the city attorney to enforce it. They have yet to prosecute one case. They’ve failed, and Sawant is not happy about that. She wants them to do their jobs!

Godwin
Godwin
9 years ago

Burgess is full of it. He spends time pontificating, but this is the same guy who says he’s “got” public safety, since being a cop in the corrupt SPD in the 1970s. After 40 years, he owns this problem, and the people who created the problem can’t be believed when they say they are going to solve it. How many “reforms” took place that wasn’t after a PR crisis? Zero. How many after? Looks like zero, but we get to listen to this empty suit make promises. DTMFA.

Janet
Janet
9 years ago
Reply to  Godwin

@ Godwin ~ Yup.

tim
tim
9 years ago
Reply to  CaseyJaywork

I can give it a try:

1. The powerful police guild needs to be knocked down a few pegs, without that happening, no reform is possible. Fortunately the city is negotiating new contract now; city needs to be tougher and make a contract that takes discipline, work rules and termination decisions away from the union.

2. Mayor and council are ultimately responsible for the police department. They can’t sit back and be critics of police, it is their police department. True many police problems started prior to mayor and many council members getting elected, but city leaders can use the federal investigation and the current negotiations to produce a better police department. In short, don’t complain about it, fix it.

3. Chief O’Toole appears to be the right person for the job, it is a credit to Murray that he selected her. She needs the backing of the council and community leaders.

4. Police need to get out of their cars and walk around the neighborhoods they are supposed to serve. Also police need to keep repeating to themselves, I’m here to protect and to serve.

5. Police officers who fights reforms, need to be fired.

6. Lastly, the community need to understand that the job of a police officer is not easy, we as a community could be more supportive

domenic feeney
domenic feeney
9 years ago
Reply to  CaseyJaywork

the city attorney cant be let off the hook on this ,that office continually backed these officers play..allowing them to make untold numbers of bogus arrests.they are an important part of the justice system and refuse to take their oversight role or responsibility for the results of it being left undone and seem to be trying to dump it on the spd…this one is easier fix its an elected position

Phil Mocek
9 years ago

Here’s one task: Address the hundreds of SPD officers, partners, supervisors, and internal investigators who were involved in the unconstitutional actions and coverup thereof that the DOJ discovered. I don’t know if it’s practical to fire them, or demote them, or admonish them, or to name them so the public can steer clear of them, but doing nothing is, effectively, condoning their actions.

RWK
RWK
9 years ago
Reply to  Phil Mocek

Hundreds, Phil? Really? How do you know this? I’m not denying there are have been serious problems with our ;police department, but I doubt there are hundreds involved in illegal actions and coverup. I’d be glad to be corrected if you have documentation of your assertion.

Phil Mocek
9 years ago
Reply to  RWK

SPD have about 1300 sworn staff. The DOJ found that 20% of SPD staff’s use of force was unconstitutional. For each incident, there’s the cop who broke the law, a partner and maybe others who witnessed the incident, and a supervisor who approved the report. OPA investigators exonerated the cops for unconstitutional behavior almost every time a complaint was made. Does hundreds really sound too high?

We wouldn’t be guessing if someone would just name names. I don’t think O’Toole has lifted a finger to do anything about the violators.

Phil Mocek
9 years ago

Joe Szilagyi’s proposal:

I’m convinced we can’t reform the Seattle Police unless there is a voter-driven ballot measure that specifically bars the City from entering into any contract agreement with SPOG that does not includes provisions for reform, like total civilian oversight. Successive Mayors and City Councils are either afraid to or unwilling to take on SPD and SPOG. The only solution if it’s legal is to take away the choice from the City completely. Would Ed Murray do this, or would the city need to have it’s hands tied off? It would be an amazing leadership opportunity for him to champion this–and to get it encoded into law so that no future Mayor or City Council could trivially undo it all.

Bar the city from accepting ANY future or modified contracts with any police union unless there is the following:

A civilian head/controller of the SPD, like a Commissioner, who is nominated by the Mayor and renewed every 2 years by the City Council. This person controls all SPD and replaces the Chief as head director.
A civilian oversight board who is the final arbiter of discipline. 11 positions. 2 selected by the Mayor and approved by the Council. 1 each selected by each Councilmember and approved by the Council. 4 year terms. Can’t be active duty LEO.
Remove the authority from anyone in SPD to “undo” discipline.

Don’t take items 1-3? Fine. The City is legally barred from signing a new or revised contract then. You can stay under your old one.

If this passed by voters as a ballot measure, can you imagine the immense political backlash any Mayor or City Council would face if they tried to undo it? Can you imagine the political victory any Mayor or City Council that championed this would earn?

Mayor Ed Murrray’s response on February 21, 2014:

I agree with real civilian over site. I might point out that for the first time the US civil rights division of the justice department made positive comments about progress in the Seattle Police Department. I am also glad we have a leader in Chief Bailey who making needed changes. Yes he changed the punishment from a day of suspension that the officer in question could have used vacation to cover to training of more then one day. Our chief is the first African American who is also creating the most diverse command staff in our history of our city

Phil Mocek
9 years ago

Getting Mayor Murray to stop impeding progress is crucial.

Ansel Herz at The Stranger recently wrote:

But the city has a golden opportunity this year to smack down the union’s resistance to reform and significantly improve the department’s faltering accountability system: Contract renegotiations are currently under way with SPOG. Negotiations like this happen only once every four years, which is why the cochair of the Community Police Commission (CPC), Lisa Daugaard, called this year’s negotiations the Super Bowl of police accountability.

“The stars are really aligned at this moment to make major improvements in our accountability system,” Daugaard said. “There’s a social movement demanding it, the guild has shown a new pragmatism and openness, there’s a consent decree in effect and a federal judge who has expressed a keen interest in seeing accountability improved, and we have nearly unanimous recommendations from public bodies that were charged with reviewing the existing system. All we need to do now is run a running play from the one-yard line. It’s there for the taking.”

[…]
But so far, the signs we do have about the negotiations are not promising.

One city hall source close to the process, who spoke on condition of anonymity because of the confidentiality requirements, said the mayor’s office “wants to keep the Discipline Review Board.”

“Look, I don’t think he’s a fan of any of them,” the source said, referring to the CPC recommendations that would have to be negotiated with SPOG. “I don’t think they’re going to be implemented. That concerns the hell out of me… He [Mayor Ed Murray] is not running with any recommendations.”

And, crucially, Murray has openly disregarded the CPC’s advice that the city negotiating team include “technical experts” on accountability. Viet Shelton, a mayoral spokesperson, said the legal confidentiality requirements precluded that possibility. Daugaard, the CPC cochair, disagreed and added: “Unless they have someone to touch back to who is knowledgeable, it’s going to be very challenging to get accomplished what everyone, from the mayor’s special advisor [on police accountability], to the OPA auditor, to the CPC, have recommended.”

3rdEye
3rdEye
9 years ago

Burgess, Bagshaw, Sawant… I’m voting for whoever the opposition is. Our city council just sucks.

herpaderpa
herpaderpa
9 years ago

“We” are uniquely unqualified to reform the SPD. God knows the Internet has made us all super knowledgeable about everything (in our own minds, at least), but imagine your own job being “reformed” by people with no actual practical knowledge of what you do on a day-by-day basis. Most of us only hear the worst and best of what the police do; it’s really easy to say, “stop being racist, stop beating people,” but a lot of measures intended to curb this kind of behavior can have unintended consequences that are the result of our lack of specific knowledge.

Unfortunately, this means the reform has to come from oversight by actual law enforcement agencies (in coordination with civic leaders), which is problematic on multiple levels. It’s like the SEC watching over the stock biz; when reformers are your peers, it’s difficult not to naturally side with your peers.

However, anything that comes from the public will be summarily dismissed, ignored, and/or fought by the rank-and-file, and short of firing everyone (which we probably wouldn’t support in other labor battles against unpopular corporations), these kinds of reforms won’t actually do much. A charismatic ex-cop that commands respect and won’t take any bullshit from the rank-and-file would be ideal, but yeah, good luck finding that person.

In the short term, SPOG needs to quit protecting the bad officers; they risk paying the ultimate price (dissolution) for taking such unpopular stands. And based on its leader’s statements to its members, everyone involved with the union needs a refresher course on the fundamentals of the law, specifically the first amendment. But they can’t help themselves; they literally see themselves at war with criminals, an attitude that’s so prevalent in the media they likely consume (mainly Fox News) that it’s easy to see why it seeps into their day-to-day interactions with the public.

One seemingly obvious issue is that there is a fundamental issue with who decides to become a cop, or with recruiting efforts. People here bemoan all of the non-Seattle living officers, but it seems like the only people who want to be cops nowadays tend to be angry white, suburban-preferring Fox News-watching steroidal males (and apparently females; yay for equality?). Solve that problem and perhaps there will be fewer problems moving forward, but what progressive-types are stepping up to be cops?

PSM
PSM
9 years ago

1. Transparency, transparency, transparency. I understand that many things need to be kept confidential, but it would be great if O’Toole made public social media rules, systems in place for handling racist/sexist/homophobic/transphobic remarks and actions. More emails about protocol should be on public record. We should have stats on the racial makeup of arrests. We should know how many people are shot at by SPD each year. (It’s possible these stats exist, but many police departments don’t keep track of these things.)

2. Officers need to be held accountable and citizens need to know what that means and looks like. I’m glad The Stranger is digging up old cases (see the case of a man being arrested for walking with a golf club while black.) This happened months ago and we’re only just now hearing about it? O’Toole and her department should have investigated the dash cam video immediately and punished the officer immediately.

3. Paid leave should be given only in extremely rare cases where it is very difficult to determine if an officer is at fault. Officer Sam Byrd was recently placed on administrative leave for racist comments. I’m glad he’s not out patrolling our streets, but why is he getting a paid vacation? There’s nothing to review. He made inappropriate racist comments; end of story.

4. More citizens need to be involved in the discussion. There should be a board of black community leaders that meets regularly with the police. A transcript of these meetings should be made available to the public. The police should also meet regularly with LGBT community leaders and other communities of color.

5. Police officers should patrol on foot more frequently and remain approachable. Most of the times I’ve seen officers on foot is when they’re making arrests or patrolling protests.

6. Demilitarization is key. Officers who show up to protests often arrive in full riot gear. This sends the message that they expect violence. Yes, sometimes protesters are violent, but if showing up looking like you’re going to war can put people on edge or push them over the edge. Additionally, it seems as though many officers do not give warnings before they use weapons (see, the SPS teacher who was pepper-sprayed while talking on the phone on the sidewalk.) With some better communication from the officer, that might have been prevented. I’ve also seen cops use pepper spray (which is meant to incapacitate) and tear gas (which is meant to disperse) within minutes of each other. These are conflicting tactics, which doesn’t make sense. Finally, many of these weapons are supposedly “non-lethal”, but that isn’t always the case. These weapons should be used in the most rare extreme situations. O’Toole already has a tragic death of a young woman bystander during a protest in Boston on her department’s record.

7. Protect whistleblowers. If someone sees something that’s not right, they should have the freedom to say it without fear of losing their job.

Casey, thank you for continuing this discussion. There aren’t any easy fixes, but perhaps by reaching out to the public in different ways, the SPD can rebuild trust and we can all feel a little bit safer.

keithg366
9 years ago

All I know is I’d like to see more police on Capitol Hill, not just droning by every once in a while, but establishing a positive presence in the neighborhood — hopefully enforcing laws and ordinances that will stem the tide of crime overtaking of neighborhood and the number of drug addled vagrants who seem to think that our doorways and lobbies and stairwells are their shooting galleries and bathrooms

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LeonK
LeonK
9 years ago

How do we reform the SPD?

Easy:

1 – Nullification of current police union contract. Renegotiate new contract.

2 – Completely independent civilian oversight of Police department.

3 – Completely independent civilian oversight of investigations, charges and prosecution of all incidents of police use of force.

Next question?

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[…] Last week, CHS asked, How do we reform the SPD? […]

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