>> READY?
>> WE ARE READY.
>>GOOD MORNING.
WELCOME.
DECEMBER 8, 2020 MEETING OF THE
PUBLIC SAFETY HUMAN SERVICES IS
COMING TO ORDER.
IT IS 9:30 A.M.
LOCAL CLERK, CALL THE ROLL.
>>PRESIDENT GONZALES.
>> HERE.
>>COUNCILMEMBER LEWIS.
>>PRESENT.
>>COUNCILMEMBER MORALES.
>>HERE.
>>COUNCILMEMBER PEDERSEN.
>>HERE.
AND COUNCILMEMBER.
>>THE COUNCIL RULES ARE SILENT
ON ALLOWING REMOTE MEETINGS AND
ELECTRONIC PARTICIPATION, TO
ALLOW THIS MEETING TO CONDUCT
THIS THIS.
COUNSEL RULES WILL NEED TO BE
SUSPENDED.
IF THERE'S NO OBJECTION THE
COUNCIL ROLES WILL BE SUSPENDED
TO ALLOW TODAY'S PUBLIC SAFETY
AND HUMAN SERVICES COMMITTEE
MEETING TO MEET REMOTELY AND
PARTICIPATE ELECTRONICALLY.
HEARING NO OBJECTION THE
COUNCIL RULES ARE SUSPENDED
AND THE COUNTY WILL CONTINUE
WITH THIS REMOTE MEETING.
>> ON TODAY'S AGENDA WE WILL
HEAR THAT 2020 SEMI ANNUAL
POLICE ACCOUNTABILITY REPORT.
WE WILL HEAR COUNSEL BILL 1190
9074 GRANTING A PROCESS TO THE
OPA AND OIG, OFFICE OF POLICE
ACCOUNTABILITY AND OFFICE OF
INSPECTOR GENERAL, A PROCESS
FOR THEM TO USE THEIR SUBPOENA
POWER AND FINALLY WE WILL
CONTINUE OUR CONVERSATION THAT
STARTED DURING THE BUDGET
PROCESS AND HAVE A DISCUSSION
ON THE PROPOSAL FOR A
MISDEMEANOR BASIC NEEDS
DEFENSE.
WE WILL NOT BE VOTING, TAKING
ACTION ON ANY OF THESE ITEMS
TODAY.
WE WILL NOW APPROVE OUR AGENDA
FOR THE COMMITTEE MEETING.
IF THERE IS NO OBJECTION,
TODAY'S AGENDA WILL BE ADOPTED.
>> HEARING NO OBJECTION, THE
AGENDA IS ADOPTED.
AT THIS TIME WE WILL MOVE INTO
PUBLIC COMMENTS.
FOR WE OPEN UP PUBLIC COMMENT,
I ASK YOUR PARTICIPATION AS I
LEARNED TO MODERATE THE SYSTEM.
I WILL MODERATE IN THE
FOLLOWING MANNER.
EACH SPEAKER WILL BE GIVEN TWO
MINUTES TO SPEAK.
I WILL CALL ON EACH SPEAKER I
NAME AND IN THE ORDER IN WHICH
THEY REGISTERED ON THE COUNCIL
WEBSITE.
IF YOU DO NOT, IF YOU ARE NOT
REGISTERED TO SPEAK AND YOU
WOULD LIKE TO DO SO YOU CAN
SIGN UP BEFORE THE END OF THE
PUBLIC COMMENT PERIOD BY GOING
ONTO THE COUNCIL WEBSITE.
ONCE I CALL A SPEAKER'S NAME,
YOU WILL HEAR A PROMPT, ONCE
YOU HEAR THAT PROMPT YOU WILL
NEED TO PRESS STAR SIX TO
UNMUTE YOURSELF.
PLEASE BEGIN BY STATING YOUR
NAME AND THE ITEM WHICH YOU ARE
ADDRESSING ON THE AGENDA.
SPEAKERS WILL HEAR A TIME WHEN
10 SECONDS ARE LEFT OF THE
ALLOTTED TIME.
ONCE THE SPEAKER HEARS THE
CHIME WE ASK THAT YOU WRAP UP
YOUR PUBLIC COMMENT.
IF SPEAKERS DO NOT END THERE
COMMENTS AT THE END OF THE
TIME, SPEAKERS MICROPHONE WILL
BE MUTED AFTER 10 SECONDS TO
ALLOW US TO CALL ON THE NEXT
SPEAKER.
ONCE YOU HAVE COMPLETED YOUR
PUBLIC COMMENT, WE ASK THAT YOU
DISCONNECT FROM THE LINE.
IF YOU PLAN TO CONTINUE
FOLLOWING THIS MEETING PLEASE
DO SO ON THE SEATTLE CHANNEL.
THERE ARE NEARLY 40 PEOPLE
SIGNED UP FOR PUBLIC COMMENT.
IN ORDER TO ALLOW AS MANY
SPEAKERS TO SPEAK AS POSSIBLE,
WHAT I INTEND TO DO, AFTER THE
FIRST FIFTH TEEN MINUTES AS
LISTED ON THE AGENDA FOR PUBLIC
COMMENT, IF THERE ARE NO
OBJECTIONS I WILL AMEND THE
AGENDA TO ALLOW ADDITIONAL
UNITS OF PUBLIC COMMENT, I WILL
DETERMINE THAT ONCE WE GET
FARTHER DOWN THE PUBLIC COMMENT
LIST.
THOSE SPEAKERS, AFTER I AMEND
THE AGENDA TO ALLOW FOR MORE
TIME FOR PUBLIC COMMENT, THAT
AST BATCH OF SPEAKERS, THE
TIME WILL BE REDUCED FROM TWO
MINUTES TO ONE MINUTE OF PUBLIC
TESTIMONY SO THAT WE CAN ALLOW
FOR MORE PEOPLE TO SPEAK
>> WITH NOT MOVE ON COMMENTS
AND WE WILL START WITH THE
FIRST SPEAKER.
THE FIRST SPEAKER IS TIFFANY
McCOY.
>> GOOD MORNING.
MY NAME IS TIFFANY McCOY I AM
THE LEADER ORGANIZER FOR REAL
CHANGE.
THANK YOU TO COUNCILMEMBER
HERBOLD FOR HAVING THIS
DISCUSSION ON THE
CRIMINALIZATION OF POVERTY.
SECOND CHANCES SHOULD NOT BE
CONFINED TO PEOPLE WHO CAN
AFFORD LAWYERS.
ACCORDING TO THE CENTER FOR
AMERICAN PROGRESS ONE IN THREE
PEOPLE IN THE U. S. HAVE A
CRIMINAL RECORD.
OF COLOR, THOSE LIVING IN
POVERTY AND OTHER GROUPS
EXPERIENCED DISPROPORTIONATE
NEGATIVE IMPACT RELATED TO THE
CRIMINAL LEGAL SYSTEM.
THESE DISPARITIES REFLECT
DISCRIMINATORY POLICIES THAT
FUELS SYSTEMIC INEQUITIES WHICH
VARY FAMILIES FOR GENERATIONS
AND PERPETUATE THE CYCLE OF
POVERTY.
THE CITY ATTORNEY, PETE HOLMES,
IN A RECENT LETTER TO THE CITY
COUNCIL SAID QUOTE, SEVERAL
PROVISIONS IN THIS A BILL
CODIFY WHAT MY OFFICE ALREADY
PRACTICES.
UNQUOTE.
WHEN THE OPPOSITION TO THIS A
BILL MAKES SWEEPING,
EMOTIONALLY CHARGED CLAIMS LIKE
THIS GUY IS GOING TO FALL OR
THIS IS A GET OUT OF JAIL FREE
CARD, PLEASE NOTE THIS IS
SHERIFF MONGERING.
WE APPRECIATE THE CITY
ATTORNEY'S POSITION BUT HE WILL
NOT BE IN OFFICE FOREVER.
THE LOW-LEVEL OFFENDERS SHOULD
NOT DEPEND ON THE MORAL
CONVICTIONS OF ONE INDIVIDUAL.
THE IDEA OF THIS ORDINANCE IS
STILL BEING FORMULATED AND THE
EARLY ATTACKS AGAINST THE ARE
ROOTED IN THE ANTI-POVERTY
BIAS.
FROM THIS DISCUSSION WE LOOK
FORWARD TO ADVOCATING FOR THIS
PROPOSAL.
THANK YOU.
>> THANK YOU, TIFFANY.
THE NEXT SPEAKER IS HOWARD
DALE.
>> GOOD MORNING.
HOWARD DALE, DISTRICT 7
COMMENTING ON [ INDISCERNIBLE ]
ACCOUNTABILITY.
IN 2017 THE [ INDISCERNIBLE ]
LOG REVIEW PUBLISHED A REVIEW
AS A OVERSIGHT OF [
INDISCERNIBLE ] TO THE U. S. IT
INCLUDED QUOTE, THE WEAK
CIVILIAN REVIEW BOARD IS WORSE
THAN NO CIVILIAN REVIEW BOARD
BECAUSE IT GIVES A ILLUSION OF
ACCOUNTABILITY AND IT PROVIDES
LITTLE OR NO ACCOUNTABILITY.
A WEEK CIVILIAN REVIEW BOARD
PLEA WOULD.
UNQUOTE.
THIS MORNING'S DISCUSSION ABOUT
POLICE ACCOUNTABILITY SHOULD
ONLY HAVE IN THIS MEETING TO
ABUSE BY THE SPD AND THE
FAMILIES OF PEOPLE WHO WERE
RECENTLY MURDERED.
INSTEAD YOU WILL PRESENT A
ANTISEPTIC AND HEARTLESS
DISPLAY FROM THE ACCOUNTABILITY
PARTNER NOTHING MORE THAN GAS
LIGHTING.
SEATTLE'S POLICE ACCOUNTABILITY
PARTNERS WILL WASTE YOUR TIME
IN A CHARADE TO AVOID ASKING
THE QUESTION BEFORE US.
IT POLICE REFORM HAS BEEN
WORKING SO WELL IN SEATTLE, HOW
DID SEVEN YEARS OF REFORM
PRODUCE A POLICE FORCE THAT HAS
WEEDED OUT DEATH AND ABUSE OVER
THE LAST YEAR?
SEVEN YEARS OF POLICY
ACCOUNTABILITY HAVE ALLOWED THE
MOST EGREGIOUS ABUSE SEEN
TODAY.
IN A REVIEW -- ASKED THEM WHY
THEY FAIL TO TAKE NOTICE.
ASK OPA HOW AND WHY THEY
NEGOTIATED A TIME EXTENSION IN
INVESTIGATING THE MURDER.
I THINK IT IS FAIRLY CLEAR THAT
IT IS CONVENIENT FOR THE POLICE
UNION AND THE OPA TO PUSH THIS
INTO THE FUTURE SO THAT IT
AVOIDS PUBLIC SCRUTINY.
ASK ALL THESE AGENCIES -- ONE
SHORT HEARING IN AUGUST.
PLEASE, GET REAL ABOUT POLICE
ACCOUNTABILITY.
THANK YOU.
>>> THANK YOU, HOWARD.
THE NEXT SPEAKER IS DON
BLAKELY.
>>GOOD MORNING.
MY NAME IS DON BLAKELY I LIVE
IN CAPITOL HILL IN DISTRICT 3
AND I WORK WITH THE DOWNTOWN
SEATTLE ASSOCIATION WHICH WORKS
WITH AREAS SEVEN, THREE INTO.
TODAY I'M HERE TO SPEAK WITH
YOU ABOUT PUBLIC SAFETY AND THE
HEIGHTENED CONCERNS WE ARE
HEARING FROM HER NEIGHBORS AND
STAKEHOLDERS IN DOWNTOWN WHO
ARE SEEING A RISE IN CRIMINAL
ACTIVITY AGAINST THE BACK TOP
OF HUNDREDS OF BUSINESSES
CLOSING THEIR DOORS.
LAST YEAR IN PARTNERSHIP WITH
COMMUNITIES ACROSS THE CITY WE
TOOK A DEEP LOOK AT THE
FAILURES OF THE CRIMINAL
JUSTICE AND PUBLIC HEALTH
SYSTEM.
WE BROUGHT OUR CONCERNS TO YOU
ABOUT HOW THIS SERVES OUR CITY
OR THE PEOPLE CYCLE THROUGH
THEM.
THE PROPOSAL TO DEVELOP NEW --
IF THERE WAS A SYSTEM OR
ALTERNATIVE TO STRESS THE
UNDERLYING ISSUES.
THERE IS NOT SUCH A SYSTEM IN
PLACE OR A PROPOSAL TO CREATE
ONE.
THERE HAS BEEN NO ANALYSIS OF
THE IMPACT THESE CRIMES HAVE ON
MEMBERS OF OUR COMMUNITY AND NO
DISCUSSION HOW OFTEN THIS WOULD
CAN BE USED WITHOUT MEANINGFUL
INTERVENTION.
THE IDEA IS, IN THE [
INDISCERNIBLE ] CONSIDERING THE
úIMPACT AND DAMAGES BROUGHT TO
US.
THANK YOU.
>> THANK YOU.
>>OUR NEXT SPEAKER IS STEVE.
STEVE.
>> GOOD MORNING.
THIS IS STEVE.
I LIVE AND WORK IN DISTRICT 7,
YOU BROUGHT FORWARD A
MISDEMEANOR BASIC NEEDS OFFENSE
IN RESPONSE TO THE BUDGET
AMENDMENT, OUR CITY ATTORNEY,
PETER HOLMES WROTE A LETTER TO
THE COUNCIL PERSONALLY
ATTESTING TO THE DIRECTION OF
PROSECUTION SINCE HE TOOK
OFFICE IN 2010 STATING THAT
QUOTE, I WORK TO MOVE THE CITY
ATTORNEY'S OFFICE FROM
PROSECUTING PROPERTY CRIMES BUT
APPEARED TO BE COMMITTED OUT OF
SURVIVAL NECESSITY.
FOR EXAMPLE, NO CITY PROSECUTOR
IS INTERESTED IN SENDING AN
IMPOVERISHED NEW PARENT TO JAIL
FOR SENDING STEALING BABY FOOD.
FOR RESIDENTS AND BUSINESS
OWNERS IN SEATTLE, THE OVER
7000 INSTANCES OF SHOPLIFTING
THAT HAVE BEEN REPORTED SINCE
THE BEGINNING OF 2019 ARE NOT
LARGELY REPRESENTATIVE OF
MOTHER STEALING BABY FOOD.
THE CITY OF SEATTLE HAS A LONG
HISTORY OF FAILING TO PROVIDE
ADEQUATE RESOURCES TO ASSIST
PERSONAL SUFFERING FOR MENTAL
AND BEHAVIORAL HEALTH
CHALLENGES AND PROVIDE THE
BASIC NEEDS OF THE POPULATION.
CODIFYING OFFENSES FOR CRIMINAL
BEHAVIOR IS NOT A SOLUTION TO
ADDRESS THOSE INADEQUACIES.
TO THE CONTRARY, JUSTIFYING
RENAL BEHAVIOR INCREASES
OPPORTUNITIES OF ABUSE BY
REPEAT OFFENDERS AND A PEERS TO
REWARD PERPETRATORS WHILE
DENYING VICTIMS ANY FORM OF
RESTITUTION.
2020 HAS SEEN OUR URBAN CENTERS
ABANDONED BY CRIME AND [
INDISCERNIBLE ] MENTAL AND
BEHAVIORAL HEALTH CHALLENGES,
JUXTAPOSED WITH THE COMMUNITY
POLICE AND NAVIGATION TEAM AND
SIGNIFICANT PRECINCT LEVELS
DETECTIVES CHARGED WITH
INVESTIGATING CRIME.
TO QUOTE SEC INSIGHT BROADLY
DISMISSING CASES WITHOUT ANY
CONSEQUENCES FOR THE OFFENDERS
RESTITUTION FOR THE VICTIMS CAN
CREATE A HOST OF PROBLEMS FOR
THE COMMUNITY THAT THE COUNCIL
IS NOT PREPARED TO ADDRESS.
WE WANT OUR ELECTED OFFICIALS
TO SUPPORT US BY FOCUSING ON
SAFETY AND SECURITY WHILE
PROVIDING FOR THE NEEDS OF THE
POPULATION.
THANK YOU FOR CONSIDERING MY
COMMENTS.
>>THANK YOU, STEVE.
NEXT WEEK OR IS PETER.
>> GOOD MORNING.
I AM A SCIENTIST WITH DISTRICT
FOR.
I USE HE AND HIM PRONOUNS.
I'M CALLING TODAY IN SUPPORT OF
CHANGING THE LAW TO CURB THE
PROSECUTION OF POVERTY AND
MENTAL HEALTH.
THE CRIMINAL PUNISHMENT SYSTEM
IS NOT PROVIDING JUSTICE, IT IS
PERPETUATING RACIST STRUCTURES
THAT CAMILLUS POVERTY AND
RESULT IN A DISPROPORTIONATE
NUMBER OF POOR AND BLACK PEOPLE
BEING JAILED.
THE CITY SPENDS $20 MILLION A
YEAR INCARCERATING PEOPLE.
WITH COVID-19, JAIL CAN BE A
DEATH SENTENCE.
IF PEOPLE MAKE IT OUT THERE
OFTEN IN WORSE SHAPE THAN WHEN
THEY WENT IN.
WE NEED TO USE OUR LEGAL TOOLS
TO STOP THIS DEADLY A JUSTICE
SYSTEM.
THAT IS WHY I SUPPORT CHANGING
THIS LAW.
THANK YOU.
>>THANK YOU, PETER.
THE NEXT SPEAKER IS ANGIE
GERARD.
>>HELLO.
MY NAME IS ANGIE I AM CALLING
FROM BALLARD IN DISTRICT 6.
LAST WEEK AND BROUGHT DAYLIGHT
A GOOD FRIEND OF MINE WAS
PUNCHED WHILE JOGGING UP THE
STAIRS AT GOLDEN GARDENS PARK.
HE CALLED 911 AND FOUND THAT
THE CAMPER WAS HARASSING OTHER
PEOPLE KNOW OFFICERS WERE
AVAILABLE AND NO INTERVENTION
OCCURRED.
DESPITE HAVING A HIGH
CONCENTRATION OF LOW BARRIER
SERVICES AND SOME OF THE
SLOWEST POLICE RESPONSE TIMES
IN THE CITY, WE HAVE NO
FRAMEWORK FOR LOCAL PUBLIC
SAFETY ORDINATION OR
ACCOUNTABILITY.
NO NAVIGATION TEAM AND NO
COMMUNITY RELEASE TEAM.
NOBODY KNOWS WHO ARE THE
ANONYMOUS OUTREACH WORKERS.
HAD WE PASS ALONG CRITICAL
NEIGHBORHOOD DETAILS TO SERVICE
PROVIDERS OR JUDGES AND
PROSECUTORS?
REDUCTION ANTI-POLICING HAS
BEEN A MYSTERY OF MISSED
OPPORTUNITIES AND NEGATIVE
IMPACTS.
KNOWN AS CHAMPION COORDINATION
OR ACCOUNTABILITY.
PUBLIC SAFETY CORONATION HASN'T
BEEN ABOUT BETWEEN BLOCK
WATCHES IN THE NORTH PRECINCT
ADVISORY COUNCIL WHICH ATTEMPTS
TO REPRESENT 40% OF THE CITY'S
POPULATION AND YET HAVE NO CITY
SUPPORT FOR MEETING SPACE,
ONLINE TECHNOLOGY OR
NEIGHBORHOOD FEEDBACK.
LAST MONTH DOZENS OF LOCAL
BUSINESSES WROTE A LETTER TO
CITY COUNCIL ABOUT THE INCREASE
CRIME AND THEY ARE WAITING FOR
A RESPONSE.
THE CITY COUNCIL MERGES AHEAD
WITH CRIMINAL JUSTICE AND
POLICING REFORMS, WHO IS
ACCOUNTABLE AT THE LOCAL LEVEL
AND HOW DO WE PARTICIPATE?
THANK YOU.
>>THANK YOU.
NEXT SPEAKER IS CAMILLO WALTER.
CAMILLO WALTER.
IF YOU ARE WITH US, WE NEED YOU
TO HIT STAR SIX TO A NEW TO
YOURSELF.
>>> HELLO.
MY NAME IS CAMILLO WALTER I AM
CALLING IN SUPPORT OF THE
MISDEMEANOR BASIC NEEDS OFFENSE
AGENDA.
I WORK AT REAL CHANGE I DO
OUTREACH AT BALLARD CAMP.
WE WE MUST CURB PROSECUTION OF
POVERTY AND MENTAL HEALTH
STRUGGLES.
THE WORK OF THE POLICE REMAINS
UNDONE UNTIL WE ADDRESS THE
CITY PROSECUTION AND
INCARCERATION SYSTEM.
IT HAS BEEN ALARMING TO SEE HOW
MUCH ORGANIZED OPPOSITION THERE
IS TO THIS IDEA EVEN THOUGH
THERE IS NO CONCRETE LANGUAGE
DRAFTED.
SCARE MONGERING IS, ATTACKED
THE AND CLASSIC STATUS QUO
THAT KEEP OUR JAILS FULL OF
PEOPLE.
WE HAVE EXTREME INCOME
INEQUALITY IN SEATTLE.
DOING CAMP OUTREACH I PEOPLE
SLEEPING IN TENTS IN THIS COLD
WINTER WEATHER WITH NO BATHROOM
NEXT TO MILLION DOLLARS SINGLE
FAMILY HOMES.
POVERTY IS UNCHECKED AND WE
NEED TO RECOGNIZE AND RESPOND
TO THE REAL CONDITION IN THIS
CITY.
UNTIL WE CAN RESPOND TO THE
BASIC NEED OF OUR COMMUNITY WE
CANNOT RESPOND TO POVERTY WITH
PUNISHMENT.
I FULLY SUPPORT LEGISLATION
THAT WOULD RECOGNIZE THE IN
ACCURACY IN THE SYSTEM AND
WORKED TO REMOVE FURTHER
BARRIERS AND TRAUMA FOR PEOPLE
EXPERIENCING POVERTY.
THE CITY SPENDS $20 MILLION A
YEAR INCARCERATING PEOPLE, MANY
OF WHOM ARE POOR AND UN-HOUSE.
LEAVING INCARCERATION WITH THE
RECORD IS HARDER TO FIND JOBS,
HOUSING AND STABILITY AND THAT
CREATE CYCLES OF INCARCERATION
THAT DOES MUCH TO VICTIMIZE
PEOPLE ALREADY SUFFERING A
LITTLE DO NOTHING TO PROTECT
THE PUBLIC.
THANK YOU COUNCILMEMBER HERBOLD
FOR OPENING UP THE SESSION.
WE LOOK FORWARDTO SUPPORTING
THIS EFFORT ALONG THE WAY.
>> THANK YOU.
NEXT SPEAKER IS MARK CRAWFORD.
>> GOOD MORNING.
MY NAME IS MARK CRAWFORD I AM
THE INTERIM EXECUTIVE DIRECTOR
FOR THE DISTRICT PARTNERSHIP IN
DISTRICT FOR.
I WISH TO ADDRESS THE PROPOSAL
FOR MISDEMEANOR BASIC NEED
OFFENSE.
NUMBER ONE, WE WISH THE COUNCIL
TO REMAIN TRUE TO THEIR DESIRE
TO REIMAGINE PUBLIC SAFETY.
YOUR PIECEMEAL APPROACH LEADS
TO FLAWED PUBLIC POLICY AND IT
WILL HAVE NEGATIVE ASSOCIATED
CONSEQUENCES.
NUMBER TWO, WE ASKED FOR A MORE
TRANSPARENT AND INCLUSIVE
PROCESS.
NO EFFORT HAS BEEN MADE TO
REACH OUT AND ENGAGE WITH THE
NEIGHBORHOOD GROUPS
REPRESENTING NEIGHBORS AND
BUSINESSES IN THIS PROPOSAL.
PLEASE, ENGAGE WITH YOUR
CONSTITUENTS.
NUMBER THREE, THERE'S NOTHING
IN THIS PROPOSAL THAT DEALS
WITH REPEAT OFFENDERS.
YOU ARE PROVIDING A DEFENSE
MECHANISM WITHOUT ANY RESOURCES
NECESSARY TO BREAK THE CYCLE OF
CRIMINAL BEHAVIOR.
NUMBER FOUR, YOU HAVE MORE THE
VICTIMS OF THE CRIMES.
IF YOU GENERALLY BELIEVE THAT
MOVING THE PERPETRATORS OUT OF
THE CRIMINAL JUSTICE SYSTEM IS
THE PATH THAT WORKS, FINE.
PUT YOUR MONEY WHERE YOUR
PRINCIPLES ARE.
ESTABLISH A FUNDING MECHANISM
TO MAKE VICTIMS WHOLE AGAIN.
VICTIMS SEPARATE PROPERTY LOSS
AND DAMAGE AND VICTIM SUFFERING
PERSONAL INJURY.
ESTABLISH A ROBUST OFFICE OF
VICTIM ADVOCACY TO GUIDE THEM
THROUGH THE PROCESS TO BECOME
WHOLE AGAIN.
THANK YOU FOR CONSIDERING MY
COMMENTS.
>>OUR NEXT SPEAKER ANGELICA, IF
YOU'RE WITH US PRESS STAR SIX
NOT HEARING FROM HER AND COMING
UP ON OUR FIFTH TEEN MINUTE
TIMEFRAME FOR PUBLIC COMMENTS,
IF THERE IS NO OBJECTION I
WOULD LIKE TO EXTEND THE PUBLIC
COMMENT PERIOD ANOTHER TEEN
MINUTE.
SPEAKERS THAT WILL FOLLOW, THE
NEXT 15 OR SO SPEAKERS, I ASKED
YOU REDUCE YOUR TIME TO ONE
MINUTE SO THAT WE CAN HEAR FROM
AS MANY PEOPLE AS POSSIBLE WHO
SIGNED UP.
THAT, I WILL DO ANOTHER CALL
OUTS FOR ANGELICA.
NOT HEARING FROM HER WE WILL
MOVE DOWN TO SABRINA --
>> COUNCIL MEMBERS.
>> HELLO.
>>GOOD MORNING.
I AM A RESIDENT OF DISTRICT TO
AND A MEMBER OF DECRIMINALIZE
SEATTLE.
LIKE MANY OF THE CALLERS THIS
MORNING AND PEOPLE WHO HAVE
FLOODED YOUR INBOX, I AM
AFRAID.
I'M AFRAID TO LIVE IN A CITY
WHERE PEOPLE CAN TAKE A COAT
FROM GOODWILL OR TARGET AND
FACE PROSECUTION WHILE TRYING
TO STAY WARM WHILE FOR POOR OR
FEEDING A BABY WHILE POOR.
I AM AFRAID TO LIVE IN A CITY
WHERE WE ARE MORE COMFORTABLE
CYCLING PEOPLE THROUGH MINUTES
THE COURT THEN WE ARE GIVING
THEM A FIGHTING CHANCE TO HAVE
A JUDGE AND JURY HEAR ABOUT THE
CIRCUMSTANCES THAT BROUGHT THEM
THERE.
THIS SUMMER WE BEGAN A SERIES
WITH THE ROLE OF POLICE OF THE
CITY.
COUNCIL MEMBERS AGREED THAT FOR
TOO LONG POLICE HAVE BEEN ASKED
TO DEAL WITH SOCIAL ISSUES
INCLUDING POVERTY AND MENTAL
HEALTH STRUGGLES.
THEY ARE BADLY EQUIPPED TO
HANDLE.
WE ASK YOU TO SUPPORT AMENDING
THE MISCIBLE CODE SO THAT
PEOPLE RESTED BY POLICE FOR THE
VERY ISSUES CAN ALSO MAKE THE
CASE TO A JUDGE AND JURY THAT
THE STRUGGLES DO NOT BELONG IN
THE CRIMINAL SYSTEM.
THANK YOU.
>> THANK YOU.
IS SABRINA VILLANOVA.
>> GOOD MORNING.
I AM HERE SPEAKING ON THE
MISDEMEANOR PROPOSAL.
ON THE HALF OF SMALL BUSINESSES
THAT WORK IN DOWNTOWN SEATTLE
THE LAST TIME I GAVE PUBLIC
COMMENT WERE ON THE HEELS OF
THE DEADLY SHOOTING ON, I SHARE
THE NEGATIVE IMPACT THAT MY
TENANTS WERE DEALING WITH
INCLUDING THEFT, BURGLARY,
HARASSMENT AND PROPERTY DAMAGE.
AT THAT TIME THE COMMUNITY WAS
ASKING FOR MORE POLICE OFFICERS
AND A PLAN TO INCREASE PUBLIC
SAFETY.
THEY ARE ASKING FOR PEOPLE TO
BE HELD ACCOUNTABLE.
YOU CAN IMAGINE THE FRUSTRATION
THAT NOW A PROPOSAL IS BEING
MADE TO DECRIMINALIZE CRIME AND
FURTHER TAKE AWAY PROTECTIONS
FOR PEOPLE THAT THE LAWS WERE
CREATED FOR.
DECRIMINALIZATION OF CRIME IS
NOT A SOLUTION, PLEASE DO NOT
PASS THIS LEGISLATION, INSTEAD,
FOCUS ON AND COME UP WITH A
PLAN TO STOP REPEAT OFFENDERS
WHO ARE COMMITTING MOST OF THE
CRIME.
THANK YOU.
>>> THANK YOU.
>> NEXT SPEAKER IS NOAH.
>>> HELLO.
MY NAME IS NOAH, I AM A
RESIDENT OF DISTRICT THREE.
I'M SPEAKING ON BEHALF OF
HUNTER'S CAPITAL REAL ESTATE
WHICH HAS BEEN A BUSINESS OWNER
IN CAPITOL HILL FOR OVER 40
YEARS.
CAPITOL HILL HAS BEEN HIT BY
THE ECONOMIC IMPACT OF COVID
AND MANY BUSINESSES HAVE GONE
OTHER UNDER AND OTHERS ARE
HANGING ON.
OUR NEIGHBORHOOD HAS BEEN
SUBJECT TO REPEATED THEFT,
ASSAULT AND VANDALISM WHICH IS
DOING NOTHING BUT HARMING THE
COMMUNITY.
WE ARE IN SUPPORT TO GET HELP
TO THOSE WHO NEED IT THE BASIC
NEED OFFENSE DOES NOTHING TO
HELP THOSE IN CRISIS.
INSTEAD OF WORKING WITH
NEIGHBORHOOD DISTRICTS TO
ADDRESS THE UNDERLYING ISSUES
COUNCILMEMBER HERBOLD SPENDING
TIME AND RESOURCES ON CRIMES
AND EXCUSE..
THE PROPOSAL IS TURNING ITS
BACK ON THE BUSINESSES THAT
HAVE HELPED BUILD THIS
NEIGHBORHOOD.
WE HOPE FOR THE SAKE OF
PROGRESS AND HEALING THAT THIS
PROPOSAL DOES NOT MOVE FORWARD.
THANK YOU.
>>> NEXT SPEAKER IS ELISHA
SMITH.
>> HELLO.
CAN YOU HEAR ME
>> YES, WE CAN.
SOME HELLO MY NAME IS.
I LIVE IN SOUTH SEATTLE,
COUNCIL MEMBER MORALES
DISTRICT.
I'M CALLING IN SUPPORT OF LESS
PROSECUTION ON PEOPLE WHO ARE
IN POVERTY.
ARE HISTORY WITH CRIME AND
CONVICTION AND OVER SENTENCING
HAVE BEEN PRIMARILY IN ON THE
BLACK COMMUNITY AND I WOULD
LIKE TO SEE IF THERE IS ANY
TYPE OF, THAT IS PASSED IN A
WAY THAT IS ACROSS THE BOARD SO
THAT CERTAIN CRIMES DO NOT PLAY
OUT IN A RACIAL AND EQUITABLE
WAY.
ONLY PEOPLE OF PRIVILEGE ARE
WHITE FOLKS GET A PASS OF NOT
BEING PROSECUTED WHILE THIS
FALLS ONTO THE BLACK COMMUNITY
AND OTHER PEOPLE OF COLOR.
THAT IS MY TESTIMONY.
>>THANK YOU.
NEXT SPEAKER IS MEGAN CREWS.
MEGAN CREWS.
>>> HELLO.
I AM MEGAN CREWS RESIDENT IN
THE THIRD PIKE NEIGHBORHOOD
SPEAKING ON THE MISDEMEANOR
NEEDS OFFENSE.
OUR NEIGHBORHOOD HAS HIGH
LEVELS OF DRUG-RELATED THEFT
FOR BURGLARY AND ASSAULT WITH
NO DEDICATED OUTREACH TEAM.
INSTEAD OF WORKING TO EXCUSE
THESE ACTS, I AGREE WITH THE
CITY ATTORNEY WHO WENT TO THE
COUNCIL SAYING MORE IMPORTANT
THAN ANY LEGISLATION THAT YOU
ARE HE COULD RECOMMEND,
RESOURCES MUST BE PROVIDED TO
ASSIST INDIVIDUALS WITH THE
UNDERLYING ISSUES THAT LED THEM
TO COMMIT THE CRIME.
THIS PROPOSAL DOES NOT EVEN
MENTION PUBLIC SAFETY.
90% OF MISDEMEANORS ARE
COMMITTED BY PEOPLE
EXPERIENCING POVERTY.
DOES THE COUNCIL KNOW HOW MANY
OF THE CITIES, MIGHT ACTUALLY
QUALIFY UNDER THIS?
BEFORE THE COUNCIL TAKES THE
CRIMINAL CODE INTO ITS OWN
HANDS, ENGAGE WITH SPD AND
MUNICIPAL COURT AND FIND THIS
OUT.
REFOCUS YOUR EFFORTS FOR
INTERVENTION.
>> THANK YOU.
THE NEXT SPEAKER IS JAKE
CARTON.
JAKE, ARE YOU WITH US?
>>HELLO.
MY NAME IS JAKE.
I AM IN DISTRICT FOR, LONGFORD
SECTION OF THE CITY.
I AM CALLING TO SUPPORT
COUNCILMEMBER SAWANT FOR A
TRUE CIVILIAN OVERSIGHT BODY ON
POLICE ACCOUNTABILITY.
MY CONCERN IS THAT WE CURRENTLY
HAVE A COMMUNITY BASED POLICE
ACCOUNTABILITY SYSTEM THAT DOES
NOT ACT INDEPENDENTLY OF THE
POLICE.
I KNOWLEDGE THAT THE CITY
COUNCIL HAS TAKEN STEPS TO
SHIFT RESOURCES TO HELP MENTAL
HEALTH PEOPLE STRUGGLING WITH
MENTAL HEALTH, BUT WE HAVE A
PROBLEM WITH POLICE SHOWING UP
TO MENTAL HEALTH SITUATIONS AND
FIRING WEAPONS THAT WE PAY FOR
AND KILLING PEOPLE.
WE HAVE DONE NOTHING, YET, AS A
CITY TO ADDRESS THAT ISSUE.
>>THANK YOU, JAKE.
NEXT SPEAKER IS AHMED HUSSEIN.
SAME GOOD MORNING.
I AM WITH BRIDGE AND CULTURAL
GAPS.
I'M CALLING IN SUPPORT OF THE,
TO CURB THE PROSECUTION OF
POVERTY.
THE WORK OF POLICE REMAINS
UNDONE UNTIL WE ADDRESS OUR
CITIES PROSECUTION AND
INCARCERATION SYSTEM I SUPPORT
THIS CHANGE AND THE LAW BECAUSE
THE CURRENT SYSTEM IS ACTUALLY
EXPENSIVE AND HARMFUL.
NOT ONLY IS IT, TO INCARCERATE
PEOPLE SUFFERING FROM THE
PROPERTY, IT IS ALSO EXPENSIVE
AND HARMFUL.
THE CITY SPENT 20 MILLION LAST
YEAR INCARCERATING PEOPLE, MANY
OF WHOM ARE POOR, HOMELESS AND
EXPRESSING MENTAL HEALTH
STRUGGLES.
WHEN THEY ARE RELEASED THEY ARE
OFTEN IN WORSE SHAPE.
THERE IS NOTHING MORE WERE SENT
TO PROSECUTE PEOPLE FOR MINOR
OFFENSES FOR POVERTY, DRUG USE
AND MENTAL HEALTH ISSUES.
>> THANK YOU.
THE NEXT SPEAKER IS ANDREA.
>> HELLO.
MY NAME IS ANDREA I LIVE IN
DISTRICT 7 REPRESENTING VOICES
FROM IHEART DOWNTOWN SEATTLE.
OUR TEAM MEMBERS INCLUDE THE
UNSHELTERED, THE ADDICTED,
THOSE LIVING IN POVERTY AND
WITH BEHAVIORAL HEALTH ISSUES.
WE SPEAK ON THEIR VOICES HERE
TODAY.
I'M SPEAKING ON THE BASIC NEED
DEFENSE PROPOSAL.
AS THE COUNCILMEMBERS KNOW WE
HAVE RECRUITED HUNDREDS OF
CITIZENS TO DOWNTOWN STREETS
AND PARKS TO PICK UP LITTER.
WITH DAILY BOOTS ON THE GROUND
AND STREETS AND PARKS HAVE A
UNIQUE EYEWITNESS HOW LAW
ENFORCEMENT HAS IMPACTED THE
MARGINALIZED NEIGHBORS.
MEET DEREK SEVERSON PTSD LIVING
UP BELLTOWER.
BEING A FOSTER CHILD AND PRIOR
HOMELESS HE NEEDS A SAFER
SEATTLE.
MEET STEVE WHO IS HANDICAPPED
USING A STROLLER HAVING TO WADE
THROUGH AREAS OF THE PARK DUE
TO OPEN DRUG USE.
MEET HIM AND MINIMUM WAGE
WORKER OF FOOD DELIVERY WHO
CANNOT USE HIS BIKE SAFELY AND
PARKS OR CHARGE IT.
HE HAS BEEN ACCOSTED IN THE
PARK.
MEET JOSH AN ADDICT WHO TOLD ME
THE ONLY WAY YOU CAN HELP ME IS
TO ARREST ME AND HAVE ME SWEAT
IT OUT.
>>> THANK YOU.
OUR NEXT SPEAKER IS SHAWN
JOHNSON.
>> I NAME IS SHAWN JOHNSON I
WORK FOR CARTER VOLKSWAGEN AND
SUBARU WE ARE IN DISTRICT 6. WE
PAY A SIGNIFICANT AMOUNT OF
PROPERTY TAX AND SADLY THAT TAX
NO LONGER PROVIDES THE POLICE
PROTECTION IT HISTORICALLY HAS.
SINCE AUGUST 2020 WE HAVE BEEN
PAYING OVER $21,000 A MONTH FOR
OFF-DUTY ARMED LAW ENFORCEMENT
TO PROVIDE CUSTOMERS AND
EMPLOYEES SOME SENSE OF
DETECTION.
WE INITIALLY HIRED A NON-ARMED
SECURITY COMPANY BUT THAT
SECURITY GUARD WAS PHYSICALLY
ASSAULTED ON HIS FIRST DAY BY A
HOMELESS PERSON WHO WAS
SUBSEQUENTLY NOT HELD
ACCOUNTABLE FOR THE ASSAULT.
REDUCING A PERSON'S
ACCOUNTABILITY FOR CRIMINAL
CONDUCT IS SYNONYMOUS WITH
CONDONING THAT CRIMINAL
CONDUCT.
IF YOU BELIEVE WHAT YOU OBSERVE
AND MEASURE YOUR POLICIES
RELATED TO DEALING WITH
CRIMINAL ACTIVITY ENDEMIC WITH
THE HOMELESS POPULATION IN THE
BALLARD AREA IS A PROBLEM AND
IT IS NOT MAKING A BETTER.
IN CLOSING, I URGE THE COUNCIL
TO NOT CONDONE CRIMINAL CONDUCT
BY REDEFINING IT TO BE A
DISABILITY.
>>> THANK YOU.
NEXT SPEAKER IS MICHAEL CHAN.
>> I AM HERE.
MY NAME IS MICHAEL CHAN I AM A
SEATTLE BUSINESS OWNER,
PROPERTY OWNER AND A PROUD
LONGTIME MEMBER OF SEATTLE
CHINATOWN.
MY FATHER OPEN UP THE FIRST 30
YEARS AGO.
MY MOTHER LIVES IN CHINATOWN
AND STARTED THE SENIORS IN
ACTION FOUNDATION IT EDUCATES
AND ADVOCATES FOR THE RIGHTS OF
THOUSANDS OF SENIOR CITIZENS
LIVING IN CHINATOWN.
THE REASON I SIGNED UP TO
COMMENT IS TO VOICE MY OPINION
ON COUNCILWOMAN HERBOLD
PROPOSAL.
I BELIEVE IT COULD BE RECKLESS
TO MAKE SUBSTANCE ABUSE,
POVERTY OR MENTAL ILLNESS BE
OFFENSIVE.
MY FATHER OPEN THE FIRST
CHIROPRACTIC UNIT IN CHINATOWN.
IN JUNE OF THIS YEAR ARE
BUILDING BURNED TO THE GROUND
LEAVING OUR BUSINESS AND MANY
OTHERS WITHOUT A PLACE TO LIVE.
MANY OF US BELIEVE THE FIRE WAS
PART OF, THAT PLAGUED THE CITY
IN A TWO WEEK STRETCH.
THE NIGHT BEFORE THE MILL
BUILDING BURNED DOWN, THE DAY
AFTER THERE WAS ANOTHER
BUILDING SET ON FIRE.
THESE ARE NOT ISOLATED
INSTANCES.
THIS IS EVERY DAY LIFE IN
CHINATOWN.
I BELIEVE WE DO NEED --
>>THANK YOU, MICHAEL.
NEXT SPEAKER IS MIKE STEWART.
>>GOOD MORNING.
MY NAME IS MIKE STEWART I'M
EXECUTIVE DIRECTOR OF BALLARD
ALLIANCE REPRESENTING HUNDREDS
OF BUSINESSES AND RESIDENTS.
I'M HERE TO SPEAK OUT AGAINST
THE MISDEMEANOR PROPOSAL.
THE ALLIANCE CONDUCTED A SURVEY
TO IDENTIFY THE IMPACTS OF
CRIMINAL ACTIVITY FOR
BUSINESSES STRUGGLING TO
SURVIVE THE PANDEMIC.
75% OF BUSINESS OWNERS INDICATE
AN INCREASE IN CRIME OVER THE
LAST SIX MONTHS.
BALLARD BUSINESSES REPORTED
7000 INSTANCES OF CRIME OR
CRIMINAL ACTIVITY, THAT IS 40
CRIMES PER DAY EXPERIENCED BY
88 BUSINESSES, THE LOSSES TOTAL
MORE THAN HALF $1 MILLION.
WE SHARE THIS INFORMATION WITH
CITY LEADERS ON NOVEMBER 17 AT
THREE WEEKS LATER WE HAVE YET
TO SEE A RESPONSE.
OUR BUSINESSES ARE FIGHTING TO
SURVIVE THE PANDEMIC AND THE
INCREASE OF REPEAT CRIMINAL
ACTIVITY INCREASES THE PROBLEM.
I URGE THIS COMMITTEE AND ALL
SEATTLE ELECTED LEADERS TO
ALLOCATE TIME AND RESOURCES TO
START WORKING NOW A MEANINGFUL
PUBLIC SAFETY SOLUTIONS, NOT ON
PUBLIC THAT REPRESENTS A
DANGEROUS -- THANK YOU.
>>> NEXT IS VALERIE.
>> HELLO.
MY NAME IS VALERIE I LIVE IN
BEACON HILL AND I HAVE BEEN
FOLLOWING SEATTLE POLICE FOR 10
YEARS.
SEEING THAT THE ACCOUNTABILITY
SYSTEM IS NOT HAVING
SIGNIFICANT CHANGES IN POLICE
BEHAVIOR, THERE ARE MANY CASES
WITH UNNECESSARY POLICE
SHOOTINGS AND PEOPLE IN MENTAL
HEALTH CRISIS.
MANY ARE EGREGIOUS ACTS OF
POLICE VIOLENCE AND PROTEST
OVER THE SUMMER SHOULD SPD ACT
AS IF IT GOVERNS THE CITY AND
WORKS FOR ITSELF.
WHATEVER THE INTENTIONS OF THE
INDIVIDUALS WORKING IN IT, THE
PRESENT ACCOUNTABILITY SYSTEM
IS NOT TRANSPARENT OR, TO THE
PUBLIC AND IT DOES NOT PROVIDE
REAL CONSEQUENCES FOR BAD
POLICING AND MISUSE OF POWER.
IT IS TIME FOR A NEW, EFFECTIVE
ENTIRELY CIVILIAN
ACCOUNTABILITY SYSTEM.
PLEASE SUPPORT COUNCIL MEMBER
SAWANT PROPOSAL.
>>> NEXT SPEAKER IS.
>> GOOD MORNING.
I AM A LIFELONG RESIDENT OF THE
AREA AND ADVOCATE FOR BRIDGING
CULTURAL GAPS.
I'M CALLING TO VOICE MY SUPPORT
IN EXPANDING, AND STOPPING THE
PROSECUTION OF THOSE STRUGGLING
WITH POVERTY, ADDICTION, MENTAL
HEALTH OR HOUSING ISSUES.
WE THE RESIDENTS OF SEATTLE ASK
YOUR EFFORTS, BUT THIS POLICING
INCLUDES INSTITUTION
INCARCERATION AS WELL. I
SUPPORT THIS CHANGE BECAUSE I
AM FAMILIAR WITH THE CHALLENGES
THAT EVERY PERSON IN THE
SITUATION IS FACED WITH.
A PERSON SHOULD NOT BE IN JAIL
FOR ATTEMPTING TO FEED
THEMSELVES WHEN NO OTHER OPTION
IS AVAILABLE.
A PERSON SHOULD NOT BE JAILED
FOR STEALING A BLANKET TO STAY
WARM.
THIS IS A RESULT OF BIGGER
ISSUES THAT ARE WELL KNOWN IN
THE CITY.
WITH ONE IN NINE RESIDENTS
LIVING BELOW THE POVERTY LINE
PEOPLE ARE JUST TRYING TO MEET
THEIR NEEDS.
BY JAILING THOSE WHO ARE FORCED
TO MAKE INCREDIBLY DIFFICULT
DECISION TO EXACERBATE THE
ISSUE BY KEEPING THAT PERSON
FURTHER AWAY FROM THE HELP THAT
THEY NEED.
THANK YOU.
>> THANK YOU.
>>THE NEXT SPEAKER IS REBECCA
MARQUEZ.
>>> HELLO, THERE.
MY NAME IS REBECCA MARQUEZ.
I MOVED TO SEATTLE IN 2012 AND
I HAVE BEEN A RENTER IN
DISTRICTS THREE, FOUR AND
CURRENTLY DISTRICT 6. I WORK IN
PUBLIC EDUCATION, HEALTHCARE
AND MOST RECENTLY.
IN EVERY SECTOR I HAVE BEEN
STRUCK BY THE GROWING WEALTH
AND INEQUALITY IN OUR REGION
AND THE LENGTHS THAT THE
MEMBERS MUST GO TO SURVIVE.
LIVING IN POVERTY SHOULD NOT BE
TREATED AS A CRIMINAL ACT WHICH
IS WHY I'M CALLING TODAY IN
SUPPORT OF CHANGING DIRECT AND
MINIMUS LAW TO CURB PROSECUTION
OF POVERTY AND MENTAL HEALTH
STRUGGLES.
PROSECUTING CRIMES OF POVERTY
DOES NOT MAKE THE TRINITY SAFE
OR PREVENT FUTURE CRIMES.
RIGHT NOW SEATTLE MUNICIPAL
COURT PRIMARILY REALIZES POOR
PEOPLE.
PUBLIC DEFENDERS HANDLE 90% OF
SEATTLE MUNICIPAL COURT CASES
BECAUSE THE OVERWHELMING
MAJORITY OF INDIVIDUALS
PROSECUTED IN THE SEATTLE CIVIL
COURT ARE POOR.
WHAT IS MORE, THE SYSTEM
DISPROPORTIONATELY PUNISHES
BLACK PEOPLE.
THIS LEGISLATION IS RESPONSIVE
TO THE CRISES FACING OUR CITY.
I URGE ALL OF YOU ESPECIALLY MY
COUNCILMEMBER DOWN STRAUSS --
>> THANK YOU.
IT IS NOW 10:0 9 AM.
WE WILL CONCLUDE PUBLIC
COMMENTS.
MY APOLOGIES TO THE FOLKS WHO
SIGNED UP.
MY APPRECIATION THAT THEY HAVE
DONE SO.
THIS IS THE BEGINNING OF THE
CONVERSATION AROUND THIS
PARTICULAR POLICY.
WE LOOK FORWARD TO HEARING FROM
MORE PEOPLE AT A LATER DATE.
WITH THAT, WE WILL MOVE INTO
ITEMS ON THE AGENDA.
ALEX, CAN YOU READ ITEM NUMBER
ONE INTO THE RECORD.
>> 2020 SEMI ANNUAL
ACCOUNTABILITY REPORT.
>>THANK YOU.
JUST SOME QUICK OPENING
REMARKS.
THIS PRESENTATION IS A
REQUIREMENT OF THE
ACCOUNTABILITY LEGISLATION
ADOPTED BY THE COUNCIL IN 2017
SPONSORED BY COUNCILMEMBER
GONZALEZ.
THIS IS THE MIDYEAR REPORT THAT
HAS BEEN DELAYED DUE TO THE
COUNCIL MEETING IN JUNE.
ALL THREE ACCOUNTABILITY BODIES
ARE WITH US AT THE TABLE ALONG
WITH THE SEATTLE POLICE
DEPARTMENT, THE ACCOUNTABILITY
LEGISLATION CALLS FOR THE
INSPECTOR GENERAL AND THE
COMMUNITY POLICE COMMISSION TO
PRESENT A MIDYEAR REPORT TO THE
PUBLIC SAFETY COMMITTEE AND FOR
SPD TO BE AT THE TABLE.
I REALLY APPRECIATE THAT THE
OFFICE OF POLICE ACCOUNTABILITY
IS HERE WITH US.
THAT, I WILL TURN IT OVER TO
OUR ACCOUNTABILITY PARTNERS, I
AM NOT SURE WHO IS PLANNING ON
KICKING US OFF, I WILL HAND IT
ON OVER TO YOU.
>>> GOOD MORNING MADAM CHAIR,
THIS IS AMY WITH THE OFFICE OF
INSPECTOR GENERAL.
I'M GOING TO BEGIN WITH BRIEF
INTRODUCTORY REMARKS AND
BETWEEN THE THREE
ACCOUNTABILITY ENTITIES WE WILL
SPLIT THE INTRODUCTION SECTION
UP.
EACH OF THE OFFICES WILL TAKE
TERMS TO TALK ABOUT THEIR WORK
PRODUCT THAT HAS BEEN GOING ON
THIS YEAR.
SHAYLEEN WILL BE SHARING OUR
POWERPOINT.
THANK YOU , SHAYLEEN , FOR
NAVIGATING THAT.
>> I AM GIVING IT A MINUTE
BECAUSE I DO NOT SEE THE SLIDES
ON THE SCREEN.
>> CAN YOU SEE THEM NOW?
>> YES.
I THINK THIS PICTURE CONVEYS
WHAT WE ARE DEALING WITH AT
THIS MOMENT IN TIME.
WE HAVE TWO TRANSFORMATIONAL
DEFINING EVENTS OF 2020 THAT
HAVE CHALLENGED ALL OF OUR
ASSUMPTIONS OF WHAT IS NORMAL.
TO PUT THIS PRESENTATION IN
CONTEXT, WE APPRECIATE AT THIS
TIME IT IS BOTH EXTREMELY
CHALLENGING FOR ALL OF US
PERSONALLY AND PROFESSIONALLY
AND IT IS ALSO AN OPPORTUNITY.
THAT MAKES THIS AN
EXCEPTIONALLY DIFFICULT REPORT
TO PRESENT AT THIS TIME AND
THIS YEAR.
FOR THE OVERSIGHT ENTITIES YOU
ARE GOING TO HEAR ABOUT THE
WORK THAT HAS BEEN DONE IN
OLYMPIA AND ALSO PROJECTS AND
WORK WE ARE UNDERTAKING AT
HOME.
MOST OF THESE AND MANY OF THESE
HAVE BEEN DRIVEN BY THE MASS
POLICE PROTEST.
JUST TO GIVE A FRAMEWORK FOR
THIS TO WORK WOULD BE
CHALLENGING UNDER THE BEST OF
CIRCUMSTANCES AND WE HAVE A
GLOBAL HEALTH CRISIS ON TOP OF
IT.
WE ARE IN A CLIMATE THAT IS
STRAINING ALL OF OUR PHYSICAL
AND EMOTIONAL RESOURCES.
JUST PUTTING THAT OUT THERE TO
RECOGNIZE THE REALITY THAT WE
ARE ALL DEALING WITH.
MOVING ONTO THE NEXT SLIDE.
EACH YEAR, THIS IS AN ANNUAL
REQUIREMENT AS YOU NOTED.
THIS SLIDE IDENTIFIES THE
GENERAL REQUIREMENTS OF THE
MIDYEAR REPORTS.
IT IS REALLY AN OPPORTUNITY TO
HIGHLIGHT THE ISSUES, THE
RECOMMENDATIONS THAT THE
ACCOUNTABILITY ENTITIES HAVE
HAD FOR BOTH SPD AND OPA AS A
PART OF THE ACCOUNTABILITY
FUNCTION.
THE REPORT ALSO IS CALLED UPON
TO HIGHLIGHT ANY ISSUES RELATED
TO THE BUDGET AT THE STATE
AGENDA AND COLLECTIVE-
BARGAINING AGENDAS.
WE WILL BE TOUCHING ON THOSE AS
WELL.
>> VERY BRIEFLY ON THE BUDGET.
BECAUSE WE HAVE JUST RECENTLY
CONCLUDED THE BUDGET, THIS WILL
BE A BRIEF COMMENT.
THERE HAS BEEN A SIGNIFICANT
HEAVY LIFT FOR THE WORK THAT
HAS BEEN DONE TO DATE.
YOU SEE THE MOVEMENT OF 911 AND
THE PARKING ENFORCEMENT OFFICE
OUT OF SPD.
THOSE CHANGES AND MORE TO COME
CREATES NEW BODIES OF WORK IN
AREAS AND WAYS WE NEED TO
EXAMINE HOW WE WILL PROVIDE
EFFECTIVE OVERSIGHT IN LIGHT OF
THESE CHANGES.
ALSO OF COURSE THE CONSENT
DECREE IS AN ONGOING PROCESS
THAT IS STILL IN THE WORKS AND
THAT CREATES DYNAMICS RELATED
TO THE BUDGET AS WELL.
THIS IS JUST A NOTE TO STATE
THAT THERE HAS BEEN A HEAVY
LIFT ON THE BUDGET SO FAR.
WE EXPECT THAT WORK IS GOING TO
BE KICKING INTO HIGH GEAR EARLY
NEXT YEAR FOR 2022.
I WOULD JUST LIKE TO TAKE A
MOMENT TO THANK THE COUNCIL, IN
PARTICULAR, FOR YOUR SUPPORT
DURING THE BUDGET PROCESS.
YOU WILL BE HEARING MORE ABOUT
THAT.
WE APPRECIATE YOUR SUPPORT
THERE AND OUR FUNDING NEEDS TO
ENSURE THAT WE HAVE ADEQUATE
SUPPORT FOR THE COMMUNITY
CENTERED EFFORT THAT IS BEING
UNDERTAKEN THERE.
WITH THAT BRIEF INTRODUCTION I
WILL TURN IT OVER TO SHAYLEEN .
>> THANK YOU, AMY.
THE MORNING.
MY NAME IS SHAYLEEN MORRIS I
AM STEPPING IN FOR EXECUTIVE
DIRECTOR AND COCHAIRS.
I WOULD LIKE TO GO THROUGH
SEVERAL SLIDES.
WE HAVE QUITE A FEW AND THEN
TURN IT OVER TO OPS.
AT THE TOP, WE WANT TO TALK
ABOUT THE STATE LEGISLATIVE
AGENDA AND RECOGNIZE SOME
HIGHLIGHTS AGO SOME TOP
PRIORITIES IS THAT ALL OF THE
ACCOUNTABILITY PARTNERS AGREE
ON, TALK ABOUT THE REFORM OF
POLICE CERTIFICATION AND
DECERTIFICATION PROCESS.
ESTABLISHING A SPECIAL
PROSECUTOR TO LOOK AT THE
POLICE MISCONDUCT CASES AND
ALSO ESTABLISHING A STATEWIDE
INVESTIGATIVE ENTITY FOR
SERIOUS AND DEADLY USE OF
FORCE.
SOME OTHER HIGHLIGHTS WE WOULD
LIKE TO MENTION THAT WORK
MENTIONED BY PARTNERS
INDIVIDUALLY OR COLLECTIVELY
WAS CREATING A DUTY TO
INTERVENE WHEN OFFICERS
WITNESSED POLICE MISCONDUCT.
THIS IS ALSO KNOWN AS ABELL
TRAINING THAT WASHINGTON IS
GOING THROUGH.
ALSO CREATING A HEARING HAS A
DATABASE FOR USE OF FORCED
DATA, THAT WOULD BE STATEWIDE.
REMOVING ACCOUNTABILITY
ELEMENTS FROM THE COLLECTIVE
BARGAINING PROCESS AND ALSO
REMOVING BARRIERS TO ALLOW
CIVILIAN PERSONNEL TO TAKE ON
MORE ROLES THAT ARE
TRADITIONALLY GIVEN OVER TO
OFFICERS.
ALSO INCLUDING THE GOVERNOR'S
TASK FORCE, THIS IS ONGOING AND
WE ARE AWAITING THE RESULTS OF
THAT FOR INDEPENDENT
INVESTIGATIONS POLICE USE OF
FORCE.
70% OF THAT TASK FORCE IS MADE
UP OF THE MEMBERS AND ALSO A
PERCENTAGE OF OPA AND THE REST
IS OTHERS THAT MAKE UP THE TASK
FORCE.
JUST TO HONE IN A LITTLE BIT ON
CPC ACTIVITIES WHEN WE TALK
ABOUT OUR ADVOCACY AND
LEGISLATIVE WORK.
WE DO IDENTIFY AND ADVOCATE FOR
REFORMS TO STATE LAWS THAT WILL
ENHANCE PUBLIC TRUST AND
POLICING AND THE CRIMINAL
JUSTICE SYSTEM.
I SAY THAT BECAUSE I LIKE TO
FOCUS ON WHAT PC HAS PUT FORTH
THAT WENT FORWARD TO COUNSEL
ESPECIALLY YESTERDAY DURING THE
VOTES.
WE WANT TO SHOW WHERE WE ARE
BLIND AND POTENTIALLY WHERE WE
DISAGREE AND WHERE CHANGES
COULD BE MADE.
WE ARE ALIGNED AND PLEASED TO
BE ALIGNED AT REMOVING POLICE
ACCOUNTABILITY FROM THE
COLLECTIVE BARGAINING PROCESS.
REPAIRING WASHINGTON'S BROKEN
DECERTIFICATION SYSTEM.
INSTITUTING INVESTIGATIONS.
STRENGTHENING REQUIREMENTS FOR
WHEN OFFICERS INTERVENE WHEN
THEY WITNESSED POLICE
MISCONDUCT, DUTY TO INTERVENE
TYPE LEGISLATION.
ALSO REMOVING ARBITRATION AS A
ROUTE FOR MISCONDUCT AND
ENSURING THAT THE COMMUNITY HAS
A STRONG VOICE AND IS
REPRESENTED ON THE TERMINAL
JUSTICE TRAINING COMMISSION.
THOSE ARE THE AREAS THAT WE ARE
ALIGNED.
WE ARE PLEASED FOR THAT.
THE ONE WE DID ASK FOR IN OUR
RECOMMENDATIONS WAS TO HAVE A
STATEWIDE BAN ON TEARGAS.
THAT IS NOT DEMONSTRATED BUT
PUT FORTH.
THERE IS SOME LANGUAGE WHERE WE
THINK WE COULD INTERPRET THAT
IN SOME WAY, BUT IT IS NOT
CLEARLY DELINEATED WITHIN THAT.
SOME EXCITING NEWS THAT PEOPLE
ARE AWARE OF BUT WE LIKE TO
HIGHLIGHT, FOR THE FIRST TIME
WE WILL HAVE A TECHNICAL
ADVISOR AT THE BARGAINING TABLE
AS AN ADVISOR TO THE CITY AND
COUNSEL MAYOR'S OFFICE.
THEY WILL SERVE IN THE ADVISORY
CAPACITY AND BARGAINING IS
STARTING TO COMMENCE.
THIS IS HUGE.
FIRST TIME IN HISTORY THIS IS
HAPPENING THAT WE HAVE HAD AN
ADVISOR AT THE TABLE.
>>> GOOD MORNING MY NAME IS
ANNE BETTESWORTH . I WANTED TO
SHARE THIS SLIDE ON HOW THE
THREE ACCOUNTABILITY AGENCIES
HAVE COLLABORATED, OR BEEN
COLLABORATING IN 2020.
WE ACTUALLY COLLABORATE QUITE A
BIT ON A VARIETY OF TOPICS.
THE ONES WE WANT TO HIGHLIGHT
TODAY ARE THE FACT THAT IT IS
CALLED FOR IN THE POLICE
ACCOUNTABILITY ORDINANCE THAT
WE MEET QUARTERLY AND DISCUSS
ALL POLICY ISSUES ON THE TABLE
AND ANY OTHER TOPICS THAT NEED
DISCUSSION.
WE ALSO, THIS YEAR, MET
REPEATEDLY TO CREATE A OFFICER
OF ALL SHOOTING PROTOCOL THAT
CALLS ON AND REQUIRES MORE CARE
TOWARDS COMMUNITY IN THOSE
SITUATIONS AND BEING AWARE OF A
VARIETY OF STAKEHOLDERS AND
PARTNERS AND HOW WE CAN BE MORE
THOUGHTFUL IN THE PROTOCOL WHEN
THERE IS AN OFFICER INVOLVED
SHOOTING.
AS SHAYLEEN MENTIONED, THE
STATE LEGISLATOR AGENDA HAS
BEEN IN COLLABORATION.
WE ALSO EACH CONTRIBUTED TO THE
CROWD CONTROL WEAPONS ORDINANCE
RECOMMENDATIONS.
ALL THREE PARTNERS MET
REPEATEDLY ABOUT THIS AND
SUBMITTED INDIVIDUAL REPORTS.
THE OIG IS CONDUCTING A REVIEW
WHICH AMY WILL DISCUSS SHORTLY
AND WE HAVE BEEN COLLABORATING
ON THAT'S.
FINALLY, WE HAVE INNOVATIONS
AND EFFECTIVE INTERVIEWING
TRAINING.
THIS IS A PARTNERSHIP THAT WE
ARE UNDERTAKING TO CHANGE THE
WAY INTERVIEWS ARE DONE WITH
REGARD TO INVESTIGATIONS.
THAT IS JUST A QUICK NOTE ON
COLLABORATIONS.
>> I AM GOING TO JUMP INTO CPC
SPECIFIC WORK AND THEN HAND IT
OVER TO OUR PARTNERS AS WELL.
JUST AT THE TOP, A FEW THINGS
THAT WE HAVE COMPLETED THIS
YEAR AS FAR AS PUBLICATIONS AND
REPORTS.
EARLY IN THE YEAR WE HAVE WITH
WANTS TO THE 21st CENTURY
POLICE ASSESSMENT AND POLICE
ACCOUNTABILITY.
WE ALSO HAVE THE CROWD CONTROL
WEAPONS BAND BACK IN AUGUST.
STATE LEGISLATIVE AGENDA
RECOMMENDATIONS.
WE ALSO SENT A LETTER TO THE
CITY ATTORNEY OFFICE TO ATTEMPT
THE END THE SUBPOENA AGAINST
JOURNALIST THAT WAS HIGHLIGHTED
IN THE NEWS.
WE HAVE RECOMMENDATIONS FOR THE
NEXT STEPS ON POLICE
ACCOUNTABILITY.
THESE WERE ALL PUBLIC FACING
REPORTS THAT WERE SENT OUT TO
THE RESPECTED TARGETS AND THEY
ARE ALSO AVAILABLE PUBLICLY ON
OUR WEBITE.
>> SOME OF THE CHALLENGES THAT
WE ARE FACING, I WANT TO TAKE A
MINUTE TO HIGHLIGHT THIS.
WHILE THERE ARE CHALLENGES,
THERE ARE ALSO AREAS OF
OPPORTUNITY FOR PARTNERSHIP AND
GROWTH WITH OUR PARTNERS AND
STD.
A COUPLE OF ITEMS.
THERE HAS BEEN A LACK OF
FERMENTATION WHEN IT COMES TO
ANYTHING THAT HAS COME FORWARD
TO SBD FROM OUR OFFICE.
WE HAVE YET TO SEE IMPLANTATION
BUT WE HOPE TO CONTINUE TO
PARTNER WITH THEM AND SEE WHAT
THE CHALLENGES AND BARRIERS ARE
AND HOW WE CAN GET PAST THEM.
IN ADDITION, THERE HAS BEEN
UNFULFILLED INFORMATION AND
DATA REQUEST THAT WAS SENT OUT
SPECIFICALLY AGAIN TO SBD.
WE RECOGNIZE DURING THIS TIME
OF COVERT THAT THERE ARE SOME
GREAT BARRIERS AND SOME TIME
CONSTRAINTS.
WE ARE AWARE AND COGNIZANT OF
THAT.
WE LOOK FORWARD TO PARTNERING
WITH OUR ACCOUNTABILITY
PARTNERS AND WITH SBD TO SEE
WHERE WE CAN MOVE PAST BARRIERS
AND HOW WE CAN HAVE ANY
WORKAROUNDS IN RE-SITTING
RESETTING OUR TARGETS AND
PARTIES FOR THE COMMUNITY.
ONE OF THE LARGEST ITEMS THAT
WE DO IS COMMUNITY ENGAGEMENT
EVENTS.
THIS HAPPENS IN A NUMBER OF
WAYS.
WE HAVE DEMONSTRATION
MANAGEMENT COMMITTEE, AS WE ARE
WORKING THROUGH THOSE
RECOMMENDATIONS IN JULY AND
AUGUST OVER THE SUMMER.
WE HAD A WEBINAR THERE IS
CULTIVATING RESILIENCE IN A
TIME OF CORONAVIRUS, THIS WAS
EARLIER IN THE YEAR, RIGHT ON
THE ONSET TO TRY TO GET PEOPLE
ACCESS TO INFORMATION AND
THINGS THAT THEY CAN DO.
WE ARE NOW RE-ENGAGING WITH THE
COMMUNITY ENGAGEMENT WORK GROUP
WITH CORONAVIRUS AND WITH
PROTEST THAT WERE HAPPENING.
I THINK EVERYONE FELT THE
STRAIN AND TIME CRUNCH.
WE HAVE REINVIGORATED THIS WORK
GROUP AND WE ARE WORKING
DILIGENTLY WITH COMMISSIONERS
IN THE COMMUNITY TO GET BACK UP
AND RUNNING.
WE ALSO REENGAGE THE COMMUNITY
SYSTEM PARTNERS GROUP.
WE ARE IN SUPPORT OF THE YOUTH
RIGHTS ORDINANCE, WHICH IS
SOMETHING THE COMMISSION TALKED
ABOUT PUBLICLY.
AND WE HAVE THE COMPLETION OF
THE ARTS PARTNERSHIP WITH
CREATIVE JUSTICE.
YOU WILL SEE SOME OF THAT
WITHIN OUR ANGLE REPORTS.
ANOTHER BIG NEWS THAT WE HAVE
BEEN TALKING ABOUT WITH OUR
PARTNERS AND A LITTLE BIT WITH
THE PUBLIC IS THE CPC
RECOMMENDATION TRACKER.
AS MOST OF YOU KNOW THE CPC IS
THE OWNER OF THE RECOMMENDATION
TRACKER, THAT TRACKS THE
RECOMMENDATIONS THAT THE
PARTNERS PUT FORTH TO SBD AND
OPA AS FAR AS REFORMS AND
OVERSIGHT.
WHAT DOES THAT LOOK LIKE?
IT IS A SHAREPOINT DOCUMENTS.
I HAVE A SCREENSHOT AT THE
BOTTOM.
IS ABOUT 20 COLUMNS WITH
RECOMMENDATIONS, THEIR STATUS,
SUPPORTING DOCUMENTATION IF
THEY WERE IMPLEMENTED OR
PARTIALLY IMPLEMENT IT, HOW DID
IT LOOK AND WHAT DID IT DO.
ALSO BACKGROUND SO THAT PEOPLE
HAVE AN UNDERSTANDING OF WHAT
WE ARE TALKING ABOUT.
THE NEXT STEPS IS TO MAKE THIS
PUBLIC FACING ON THE CPC
WEBSITE SO THAT THE PUBLIC HAS
ACCESS AND CAN LOOK AT THE DATA
ANY TIME AND IT WILL BE UPDATED
ON A WEEKLY, MONTHLY AND
QUARTERLY BASIS.
RIGHT NOW, WE ARE IN THE
PROCESS OF UPDATING THE TRACKER
AS WE HAD OUR QUARTERLY
MEETING.
WE ARE NOW GATHERING EVERYONE
STATUS UPDATES OF THE
RECOMMENDATIONS THAT WERE
ISSUED.
WE WILL CLEAN THE DATA, TRACK
THE RESPONSES, AND CONTINUE TO
IRON OUT THE PROCESS WITH THE
PARTNERS WHEN IT COMES TO
RELEASING THIS INFORMATION
PUBLICLY.
OUR TEAM DECIDED TO USE.
THE POLICY TEAM IS RIGHT NOW
BUILDING THIS TRACKER PUBLIC
FACING DASHBOARD. WE INTEND TO
LAUNCH THIS AT THE END OF THIS
YEAR, TOP OF NEXT YEAR, SO VERY
SOON.
>> YOU MENTIONED EARLIER THAT
THERE WAS AN ACCUMULATION OF
RECOMMENDATIONS NOT ACTED UPON.
WITH THAT INFORMATION BE
CONTAINED IN THIS TRACKER?
>>YES, IT WILL.
THIS TRACKER WILL SERVE A FEW
PURPOSES.
ONE IT IS WHERE WE ARE NOT
FOLLOWING INFORMATION.
WHILE WE ARE THE KEEPER OF
UPDATING IT AND HOLDING ITS.
WE WANT EVERYONE TO SEE THIS,
THAT INCLUDES OUR PARTNERS AND
THE PUBLIC.
THE MAYOR'S OFFICE, CITY
COUNCIL, ANYTIME YOU CAN GO ON
AND SEE WHAT'S GOING ON.
ALL OF THE RECOMMENDATIONS WILL
BE LISTED.
YOU CAN TOGGLE THROUGH THEM BY
DATE, BY AGENCY AND THEN IT
WILL SHOW YOU THE STATUS
WHETHER IT WAS IMPLEMENTED,
PARTIALLY IMPLEMENTED OR NOT
ADDRESS.
IF THERE HAVE BEEN STEPS TAKEN,
OR COMPLETE STEPS TAKEN, WE
HOPE TO IN THE DOCUMENTATION OR
SOME WORDING THAT LETS PEOPLE
KNOW YES SBD SAID THEY HAVE
COMPLETED THIS AND THIS IS HOW
THEY DID IT.
AND VICE VERSA YOU WILL SEE
WHERE THEY HAVE NOT TAKEN
ACTION.
A GOOD ACCOUNTABILITY MEASURE
FOR US AND IT KEEPS EVERYONE
TRANSPARENT AND HONEST.
>>IF I WANT TO GET MORE
INFORMATION ABOUT WHAT ITEMS
YOU ARE REFERENCING A COUPLE OF
SLIDES BACK, I COULD GO TO THIS
NOW AND FIND OUT WHAT THOSE
THINGS ARE?
>> THIS SHAREPOINT, ONCE IT IS
LAUNCHED, YES.
WE ARE BUILDING IT NOW IN ORDER
TO LAUNCH IT.
IF YOU WANTED TO SEE SOME OF
THE ITEMS WE ARE DISCUSSING,
úTHAT IS SOMETHING COUNCILMEMBE
HERBOLD WE ARE HAPPY TO SEND TO
YOUR OFFICE IF YOU LIKE.
>> THANK YOU.
I WOULD LIKE THAT INFORMATION
CONSIDERING IT SOUNDS LIKE WE
ARE NOT QUITE READY FOR PUBLIC
LAUNCHING OF THIS IN ADDITION
TO THE REQUEST FOR INFORMATION
THAT ARE PENDING.
>>> STAR.
I'M HAPPY TO SPEAK MORE ON THAT
AS WELL.
WITH THE CONSENT DECREE
COMPLIANCE.
RIGHT NOW THE CITY REMAINS WITH
COMPLIANCE AND ACCOUNTABILITY.
THE CITY WAS FOUND OUT OF
COMPLIANCE IN MAY 2019 AND THEN
THE CITY WAS ORDERED TO WORK
WITH THE DOJ AND THE CPC TO
CREATE A PLAN TO COME BACK INTO
COMPLIANCE FOR AUGUST 2019.
THAT HAS NOT BEEN COMPLETED AND
WAS POINTED OUT MULTIPLE TIMES
IN CPC COURT FILINGS THAT WE
HAVE FILED THROUGHOUT THIS PAST
YEAR.
ALSO, THE CPC HAS POSED CITY
DOJ MOTION TO DISCHARGE THE
SUBSEQUENT COMMITMENTS TO THE
DISSENT DECREE.
THE CITY WITHDREW THAT AFTER
THE PROTEST WE CAN.
THIS IS STILL ONGOING, AND
STILL OUT OF COMPLIANCE.
LASTLY SOME OF THE OTHER
PRIORITIES JUST SO YOU ARE
AWARE OF WHAT THE COMMISSION IS
WORKING ON, WE ARE STILL
WORKING ON COMMUNITY ENGAGEMENT
THAT INCLUDES DISTRICT LEADS
AND ALSO LOOKING AT HOW WE CAN
VIRTUALLY ENGAGE WITH THE
COMMUNITY DURING THE PANDEMIC
AS THIS WILL BE ONGOING FOR
SOME TIME.
WITH IN OUR POLICE PRACTICES
WORK GROUP AND COMMISSIONERS
THAT ARE DOING THIS WORK WE ARE
REVIEWING ARBITRATION AND THE
PS CSC, SURVEILLANCE, 911
DISPATCH, CRISIS INTERVENTION,
OFFICER WELLNESS AND THE LAST
TWO WE ARE LOOKING AT TRAINING
BROADLY WHEN IT COMES TO
ACADEMY DE-ESCALATION TRAINING
AND HOW THEY ARE WORKING AND IF
THEY ARE EFFECTIVE.
SIMILAR TO WHAT ANN WAS TALKING
ABOUT WITH COLLABORATION WE ARE
WORKING TOGETHER WITH PARTNERS
WHEN IT COMES TO CONTRACT
NEGOTIATIONS.
WE ARE VERY EXCITED TO HAVE AN
ADVISOR AT THE TABLE.
WE ARE ALSO LOOKING
>> WE WILL TALK MORE ABOUT THAT
ON A LATER DATE, SOMETHING WE
ARE VERY EXCITED ABOUT AND HOPE
TO LOOK AT MORE INTO THE
FUTURE.
INTERNAL BUSINESS, SO EVERYONE
KNOWS WHAT WE ARE DOING.
IF YOU DON'T ATTEND PUBLIC
MEETINGS THAT HAPPEN EVERY
OTHER WEDNESDAY, WE ARE IN THE
PROCESS OF SEARCHING FOR A NEW
PERMANENT EXECUTIVE DIRECTOR.
THE SEARCH IS UNDERWAY.
WE ARE GOING THROUGH NEW
COMMISSIONER ON BOARDING AND
BRINGING ON NEW COMMISSIONERS.
AS YOU SEE LOOKING AT MY FACE.
WE HAVE A SENIOR POLICY
VOICESSER AND AN ANALYST.
WE HAVE BEEN HITSING THE GROUND
RUNNING AND WORKING WITH
ORGANIZATIONS TO ENSURE
IMPLEMENTATION IS HAPPENING AND
THE COMMUNITY IS AWARE AND ABLE
TO ACCESS THAT.
PRIMARY PART OF OUR JOB.
I BELIEVE THAT'S IT FOR US.
I WILL TURN IT OVER TO OIG.
>> THANK YOU.
>> GOOD MORNING MADAM CHAIR, I
APOLOGIZE, I AM HAVING
SIGNIFICANT TECHNICAL ISSUES.
YOU CAN'T SEE ME BUT AFTER I
TALK HERE FOR A FEW MINUTES I
WILL TRY TO SWITCH DEVICES.
PICKING UP SOME OF THE WORK, I
WILL TALK ABOUT THE VARIOUS
PROJECTS WE'VE GOT ON GOING AND
HAVE COMPLETED THIS YEAR.
I WANT TO START BY HIGHLIGHTING
OIG'S WORK IN TERMS OF THE
PROTESTS OVER THE SUMMER THAT'S
LARGELY CONSUMED A LOT OF OUR
RESOURCES AND STAFF TIME.
I WANTED TO HIGHLIGHT A COUPLE
THINGS IN TERMS OF WORK WE ARE
DOING THERE.
AT THE BEGINNING OF THE SUMMER
ONE OF THE FIRST PRODUCTS WE
PRODUCED WAS A SUMMARY OF THE
TYPES OF WEAPONS USED.
SOME DESCRIPTIONS ABOUT JUST
GENERALLY HOW THOSE WEAPONS ARE
USED AND HOW THEY WERE USED BY
SPD AND WE WERE ASKED WITH
OTHER PARTNER ENTITIES TO
PROVIDE RECOMMENDATIONS TO
COUNCIL RELATED TO THE
ORDINANCES.
THAT INVOLVED SIGNIFICANT AUDIT
RESOURCES AND POLICY WORK TO
PUT THAT TOGETHER.
ASIDE FROM THAT, WE HAVE BEEN
WORKING TO BUILD A FAIRLY
ROBUST REVIEW PROCESS THAT
INVOLVES COMMUNITY AND
STAKEHOLDER INVOLVEMENT, INPUT,
AN EVENT REVIEW.
IT'S A WAY WE ARE TRYING TO
REALLY LOOK AT NEGATIVE
OUTCOMES AND TRY TO FIND
SYSTEMIC POSITIVE OF THE THINGS
SO WE CAN FIX THEM AND KEEP BAD
THINGS FROM HAPPENING IN THE
FUTURE.
IT WAS WORK AS MANY OF YOU KNOW
THAT WAS INSPIRED BY PROCESSES
USED BY MY FORMER AGENCY BACK
IN TUCSON TO BRING COMMUNITY
INTO THE ROOM OF COURSE AND TO
HAVE A VOICE AT THE TABLE AND
DECIDING WHAT HAPPENED AND HOW
TO CORRECT OR BRING
DEFICIENCIES TO THE FUTURE.
WE HAVE BEEN WORKING WITH
COMMUNITY, DOING A LOT OF
ENGAGEMENT AROUND THIS PROCESS,
BUILDING NOT JUST A PROCESS
THAT TAKES COMMUNITY AND FOCUS
WITH COMMUNITY BUT TRY TO
IDENTIFY CRITICAL VOICES LIKE A
REVIEW PANEL TABLE.
WE ARE VERY PLEASED WITH THE
PROGRESS WE ARE MAKING.
WE HOPE TO CONVENE FIRST PANEL
IN EARLY JANUARY WITH EXPERTS,
COMMUNITY REPRESENTATIVES, AND
OTHER PARTNER STAKEHOLDERS AT
THE TABLE.
IF WE STILL HAVE OUR COMMENTS
LINE OPEN AT OIG PROCESS IF
FOLKS WANT TO LEARN MORE OR
CONTRIBUTE WHATEVER WAY THEY
WANT TO.
SENTINEL EVENT@SEATTLE.GOV, IF
YOU WANT TO MAKE COMMENTS.
YOU LOOK AT THE OIG WEBSITE,
THERE IS INFORMATION ABOUT THE
PROCESS AND THE DEVELOPMENT OF
IT AT THIS POINT.
IF DEPUTY INSPECTOR GENERAL
WOULD LIKE ME TO GIVE PHOTO
CREDIT TO COMMISSIONER
STRAUSS.
SO THANK YOU FOR THAT.
WE CAN MOVE ON UNLESS ANYBODY
HAS QUESTIONS OR COMMENTS.
IN TERMS OF AUDIT AND
ASSESSMENT WORK IN 2020 WE
PRODUCED A REPORT ABOUT K-9
UNIT IN LATE SPRING.
WE ALSO PRODUCED A REPORT THAT
WAS ABOUT POLICE CASE
MANAGEMENT SYSTEM VULNERABILITY
ISSUES THAT CAME TO LIGHT WITH
OIG PERSONNEL AND WERE ABLE TO
WORK WITH SEATTLE DEPARTMENT OF
I.T., S.P.D., THE RESULT OF THE
VULNERABILITY IN A NICE
COLLABORATIVE WAY.
THAT CONSUMED RESOURCES EARLY
IN THE YEAR.
WE'VE GOT TWO OTHER AUDITS THAT
ARE ABOUT TO BE PUBLISHED.
THEY'RE IN THE FINAL EDITING
STAGES.
THAT'S ONE RELATED TO
DESTRUCTION OF DNA SAMPLES IN
2019 BY SPD, MISTAKEN
DESTRUCTION, AND AN AUDIT OF
SECURED FIREARMS STORAGE IN
POLICE TRAINING AND POLICE
FACILITIES.
THOSE ARE EITHER ALREADY
PUBLISHED OR ABOUT TO BE
PUBLISHED IN THE NEXT WEEK OR
TWO.
SOME OF THE WORK WE HAVE THAT'S
ONGOING ARE CHAPTER 1418
SURVEILLANCE AUDITS AND CHAPTER
1412 COMPLIANCE AUDITS.
THAT IS ONGOING WORK AND WE CAN
LOOK FORWARD TO SEEING PRODUCTS
FROM OIG IN THE NOT TOO DISTANT
FUTURE.
WE HAVE AUDIT ONGOING THAT
RELATES TO MUTUAL AID AND HOW
OTHER AGENCIES WORK WITH SPD
AND WHAT OPERATIONS LOOK LIKE
WHEN THEY'RE WORKING WITH OTHER
PARTNER AGENCIES.
WE ARE HOPING TO WRAP THAT UP
IN Q1.
WE KICKED OFF AN AUDIT OF
EFFECTIVENESS OF THE DISCIPLINE
APPEAL SYSTEM FOR SPD.
THAT WAS SUPPOSED TO BE ONE OF
OUR FIRST AUDITS IN 2020.
A LOT OF THE WORK LARGELY GOT
DERAILED BY HAVING TO FOCUS ON
SPD PROTEST RESPONSE.
THIS WAS ONE OF THE PROJECTS WE
WERE HOPING WOULD HELP TO
INFORM EFFORTS WITH THE CONSENT
DECREE AND QUESTIONS THE COURT
HAD ABOUT EFFECTIVENESS OF THE
DISCIPLINE AND APPEALS SYSTEM.
WE ARE HOPING THAT THAT WILL BE
VALUABLE INFORMATION FOR THE
CITY AND OTHER STAKEHOLDERS.
>> INSPECTOR GENERAL JUDGE, THE
LAST ITEM, EFFECTIVENESS OF
DISCIPLINARY APPEALS PROCESS,
THAT WAS TO BUILD OFF OF A
PREVIOUS YEAR'S BODY OF WORK
WHICH WAS TO MAP THE
DISCIPLINARY APPEALS PROCESS.
IS MY RECOLLECTION CORRECT?
>> YES, MADAM CHAIR, THAT'S
EXACTLY CORRECT.
WE HAD FIRST UNDER TAKEN TO TRY
TO REALLY UNDERSTAND THE
DISCIPLINE AND APPEALS PROCESS
BECAUSE IT'S PRETTY ELABORATE
AND HAS A LOT OF ASPECTS TO IT,
A LOT OF CONNECTION POINTS WITH
VARIOUS STAKEHOLDERS AND
PARTICIPANTS.
WE MAPPED IT COMPLETELY, GOT A
GOOD UNDERSTANDING.
NOW WE WILL TRY TO GET AN
UNDERSTANDING OF HOW EFFECTIVE
IT IS.
>> THANK YOU.
ARE THERE OTHER 2020 WORK
PROGRAM ITEMS NOT REPRESENTED
ON THIS SLIDE THAT YOU EITHER
HAVEN'T GOTTEN TO THAT YOU
INTEND TO GET TO OR THAT YOU
ARE GOING TO HAVE TO REASSESS
WHETHER OR NOT IT'S A PRIORITY
TO DO THAT WORK.
>> THERE WERE ITEMS AND SOME
HAVE BEEN DEFERRED.
SOME HAVE BEEN REPLACED BY
OTHER PRIORITIES, I THINK.
THERE IS CONSENSUS AMONG FOLKS
WHO PROVIDE FEEDBACK ON WORK
PLANS AND OUR OFFICE ABOUT THE
NEED TO WORK ON DISPARITY WORK.
I KNOW THERE IS A LOT OF
INTEREST IN TAKING A LOOK AT
THE 911 SYSTEM.
I THINK WE'RE GOING TO HAVE TO
BE THOUGHTFUL ABOUT THAT AS IT
MOVES OUTS OF SPD ABOUT HOW
THAT'S DONE AND HOW IT IS
RESOURCED.
THERE ARE CARRY OVER PROJECTS
AND SOME NEW WORK.
>> THANK YOU.
>> IF YOU WOULD ADVANCE THE
SLIDE, THANK YOU VERY MUCH.
JUST A LITTLE BIT OF AN
OVERVIEW OF OUR WORK DOING
REVIEWS WITH CLASSIFICATIONS
AND INVESTIGATIONS.
WE DO REGULAR REVIEW OF ALL THE
CLASSIFICATIONS TO BE SURE
THEY'RE APPROPRIATE.
WHEN OPA HAS COMPLETED AN
INVESTIGATION, WE DO A THOROUGH
REVIEW OF THAT INVESTIGATION
AND CERTIFY IT TO BE SURE IT IS
UNBIASED AND TIMELY.
BE SURE IT IS UNBIASED AND
MEETING TIME REQUIREMENTS
NECESSARY UNDER THE CONTRACT.
OTHER AREAS ARE PROGRAMS OPA
HAS BEEN DEVELOPING.
AND AS THEY DO, WE HAVE BEEN
DEVELOPING AND IMPLEMENTING
APPROPRIATE OVERSIGHT OF THOSE.
THOSE ARE UNSUBSTANTIATED
MISCONDUCT REVIEWS, BIAS
REVIEWS, SOME WORK AROUND
MEDIATION WORK TO RESOLVE OPA
COMPLAINTS AND RAPID
ADJUDICATION PROGRAM.
I THINK OPA WILL PROBABLY
DISCUSS THESE IN SOME DETAIL.
BUT I AM CERTAINLY WILLING TO
TALK ABOUT THE WORK WE ARE
DOING IN THE AREA.
WE HAVE A MEETING IN WHICH I
THINK WE WILL TALK ABOUT BIAS
REVIEW.
SO WE ARE PREPARING INFORMATION
TO BRIEF YOU FURTHER ON THAT
THIS WEEK.
>> THANK YOU.
>> WE ALSO HAVE STARTED
PRODUCING QUARTERLY REPORTS OF
OUR WORK.
WE STARTED THAT IN MAY.
WE PUT QUARTERLY REVIEWS ON THE
WEBSITE AS WELL AS AN
AGGREGATION OF THAT AND SOME
ADDITIONAL WORK IN THE ANNUAL
REPORT THAT WILL BE PRODUCED IN
Q1 OF 2021.
SOME OTHER REALLY INTERESTING
WORK WE HAVE BEEN DOING THIS
YEAR ARE SOME SPECIAL PROJECTS.
ONE WAS MENTIONED EARLIER AND
THAT'S A PROJECT THAT WE HAVE
BEEN WORKING WITH AN EXPERT
FROM THE UK ON IMPROVING SPD'S
INTERVIEWING PROTOCOLS FOR
SUSPECTS, WITNESSES, AND
VICTIMS.
IT IS REALLY DEVELOPED AROUND
MANY PEOPLE THAT KNOW ABOUT THE
MEETS MODEL.
WE ARE WORKING WITH OUR
STAKEHOLDERS AND WITH THIS
EXPERT TO DEVELOP A
COMPREHENSIVE PROGRAM OF POLICY
AND TRAINING AND A TRAIN THE
TRAINER PROGRAM SO SPD CAN HAVE
ITS OWN INTERNAL ROBUST MEANS
OF TRAINING OFFICERS AND
INVESTIGATORS ON HOW TO BEST
TALK TO PEOPLE AND GET
INFORMATION WITHOUT HAVING IT
TAINTED, WITHOUT ANY RISK OF
FALSE CONFESSIONS AND REALLY IN
A MANNER THAT GETS THE BEST
MOST RELIABLE INFORMATION OUT
OF PEOPLE TO PUT TOGETHER GOOD
CRIMINAL PROSECUTIONS.
THAT'S REALLY EXCITING.
COVID WAS NOT OUR FRIEND WITH
TRYING TO KICK THIS OFF.
WE WERE SCHEDULED TO START
TRAINING IN SPRING.
WE'VE HAD TO GET CREATIVE AND
WE ARE JUST ABOUT TO LAUNCH OUR
FIRST ONLINE TRAINING TO GET
THE PROGRAM GOING NEXT WEEK.
I AM REALLY EXCITED ABOUT THAT.
THAT'S IT FOR ME.
I WILL TURN IT OVER TO OPA.
THANK YOU.
>> ALL RIGHT.
, CAN WE GO TO THE NEXT SLIDE
PLEASE?
THANK YOU.
WE WANTED TO TALK A LITTLE BIT
ABOUT OPA POLICY
RECOMMENDATIONS.
THESE COME IN THE FORM OF WHAT
WE CALL A MANAGEMENT ACTION
RECOMMENDATION.
THAT IS A FINDING THAT THE
DIRECTOR CAN ISSUE AFTER AN
INDIVIDUAL INVESTIGATION OF THE
COMPLAINT OF MISCONDUCT.
SO HE ISSUES A MANAGEMENT
ACTION RECOMMENDATION OR JUST A
POLICY RECOMMENDATION WHEN IT
IS BASICALLY A TOOL FOR
CORRECTING A GAP OR AMBIGUITY
OR AN ISSUE WITH SPD POLICY.
IN 2020 SO FAR, WE HAVE ISSUED
13 OF THESE POLICY
RECOMMENDATIONS INCLUDING TWO
THAT WERE JUST ISSUED LAST
WEEK.
SPD HAS FULLY IMPLEMENTED, IT
SAYS ON SLIDE 2, BUT WE JUST
GOT WORD YESTERDAY I BELIEVE
THAT THEY'VE IMPLEMENTED FOUR
MORE.
SO THEY'VE ACTUALLY IMPLEMENTED
OR THEY'VE COMPLETED SIX OF THE
POLICY RECOMMENDATIONS AND I
KNOW THEY'RE CLOSE TO
COMPLETING MANY OTHERS.
THEY HAD A TOUGH YEAR AS
MENTIONED IN TERMS OF COVID AND
STAFFING ISSUES.
WE'VE TRAVELED AND BEEN
COLLABORATING.
THEY'RE JUST UNABLE TO GET MANY
OF THESE MOVING AS QUICKLY AS
NORMAL.
WHILE THEY'RE STILL
OUTSTANDING, THEY WILL BE
COMPLETED AT SOME POINT.
THEY CAN EITHER PARTIALLY
IMPLEMENT THEM, FULLY IMPLEMENT
THEM, OR DECLINE ACTION.
A LOT OF THEM ARE STILL ACTIVE.
ON THE NEXT SLIDE, WE GIVE YOU
A SCREEN SHOT OF WHAT OPA
WEBSITE LOOKS LIKE WHERE IT
SHOWS ALL THE DIFFERENT
RECOMMENDATIONS.
OPA AND SPD MEET QUARTERLY TO
DISCUSS THE RECOMMENDATIONS AND
TO BE SURE THEY'RE STILL
CONTINUING MOVING ALONG AND
THAT WE ARE ON THE SAME PAGE
ABOUT WHAT EACH RECOMMENDATION
MEANS AND WHETHER OR NOT IT HAS
BEEN FULLY IMPLEMENTED OR
PARTIALLY IMPLEMENTED.
CAN YOU GO TO THE NEXT SLIDE
PLEASE?
THANK YOU.
HERE IS A SCREEN SHOT OF WHAT
OUR PAGE LOOKS ON OUR OPA
WEBSITE OF MANAGEMENT ACTION
RECOMMENDATIONS.
THE ISSUE IS IN THE LEFT
COLUMN.
THAT SHOWS THE 13 THAT HAVE
BEEN ISSUED IN 2020 THIS YEAR.
THEN THE TOPIC IS LISTED IN THE
THIRD COLUMN.
THAT IS KIND OF A GENERAL
OVERVIEW OF WHAT THE TOPIC IS.
THEN IT SAYS THE STATUS.
YOU CAN CLICK ON BOTH THE TOPIC
AND THE STATUS TO SEE THE
LETTER THAT OPA TRANSMITTED TO
SPD TO DISCUSS THE ISSUE AND
UNDERLYING INVESTIGATION AND
CASE.
THEN YOU CAN CLICK ON THE LINK
IN THE OPA STATUS TO SEE HOW
SPD RESPONSIBLED AND WHICH
PIECES THEY EITHER IMPLEMENTED
OR WHY THEY DECLINED ACTION OR
PARTIALLY IMPLEMENTED.
FEEL FREE TO GO TO OPA'S
WEBSITE AND LOOK AT THE POLICY
RECOMMENDATIONS IN MORE DETAIL
IF YOU WOULD LIKE.
>> THANK YOU.
IT OCCURS TO ME THAT WE
ACTUALLY DO HAVE SPD
REPRESENTED AT THE TABLE WITH
US TODAY., I THINK, JUST FOR
EXACTLY THIS PURPOSE OF
ENGAGING WITH SPD ABOUT TOPICS
LIKE THIS.
I AM WONDERING REBECCA IF YOU
HAVE A FEW WORDS TO SAY ABOUT
STATUS OF THE 2020
RECOMMENDATIONS, WHETHER OR NOT
YOU BELIEVE ADDITIONAL
RECOMMENDATIONS WILL BE
IMPLEMENTED THIS YEAR.
THEN I WOULD ASK WHETHER OR NOT
THERE IS IS SIMILAR PROCEDURE
IN PLACE AS DESCRIBED FOR THE
OPA, IF THERE IS A SIMILAR
PROCEDURE IN PLACE FOR CPC AS
IT RELATES TO THEIR OPEN AND
UNIMPLEMENTED RECOMMENDATIONS.
>> GOOD MORNING, YES.
THANK YOU FOR THE OPPORTUNITY.
SO WE MEET QUARTERLY WITH OPI,
OIG, CPC TO GO OVER THE
RECOMMENDATIONS NOT ALL OF
WHICH ARE ALIGNED.
SO THERE IS OFTEN A FAIR AMOUNT
OF DISCUSSION THAT NEEDS TO
TAKE PLACE, YOU KNOW, AROUND
WHAT THE NEXT COURSE OF A
ACTION IS.
THERE ARE SOME RECOMMENDATIONS
THAT WOULD REQUIRE OPERATIONAL
CHANGES.
SO WE NEED TO MAKE SURE THAT WE
ARE BRINGING THE OPERATIONAL
FOLKS TO THE TABLE TO HAVE
THESE DISCUSSIONS AS WELL.
LIKE SO MANY THINGS, IT IS A
MATTER OF BANDWIDTH AND A
MATTER OF PRIORITIZATION.
SO WE ARE PLOWING THROUGH
THESE.
THERE ARE SOME RECOMMENDATIONS
THAT ARE PRETTY EASY LIFTS, ARE
POLICY TWEAKS THAT WE AGREE
WITH.
WE MOVE FORWARD WITH THOSE AS
EXPEDITIOUSLY AS WE CAN THROUGH
AUDIT POLICY AND RESEARCH
SECTION.
THERE ARE OTHERS THAT REQUIRE
MORE CONVERSATION, WHETHER IT'S
WITH A LOT APARTMENT, WHETHER
WITH ALL THREE ACCOUNTABILITY
PARTNERS TOGETHER.
WE DO CONTINUE TO WORK THROUGH
ALL THE MANAGEMENT ACTIONS WE
RECEIVE THROUGH OPA AS WELL AS
RECOMMENDATIONS FROM CPC AND
CERTAINLY AUDIT RECOMMENDATIONS
THAT FOLLOW FROM THE OIG.
>> THANK YOU FOR THAT.
I AM WONDERING WHAT IS THE
THINKING ABOUT HAVING DIFFERENT
DASH BOARDS FOR DIFFERENT
ACCOUNTABILITY PARTNERS?
MIGHT IT MAKE SENSE TO SORT OF
MERGE THE DASH BOARD WITH A
DIFFERENT DROP DOWN MENU FOR
WHO IS MAKING RECOMMENDATIONS
SO THAT PEOPLE HAVE ONE PLACE
TO GO AND SEE THE OUTSTANDING
RECOMMENDATIONS FROM ALL THREE
ACCOUNTABILITY MEMBERS?
THAT'S ONE QUESTION.
THE OTHER QUESTION, I THINK IT
WOULD BE HELPFUL ON THE PAGE
WHERE IT LISTS EITHER ACTIVE OR
IMPLEMENTED, IF THERE IS AN
INDICATION OF ITEMS THAT WE
SHOULDN'T EXPECT SPD TO
IMPLEMENT BECAUSE THEY
DISAGREE, THEY'RE NOT ALIGNED,
SO WE CAN LOOK AT THAT,
UNDERSTAND IT, AND DECIDE
WHETHER OR NOT THAT'S
ACCEPTABLE OR WHETHER OR NOT
THERE NEEDS TO BE MORE
CONVERSATION TO SEEK THAT
ALIGNMENT.
I AM JUST THINKING OF THE CITY
AUDITOR AND THEY DO AN ANNUAL
REPORT.
THEY INDICATE, SO IT'S END
REPORT OF ALL THE
RECOMMENDATIONS ON ALL TOPICS
OVER THE PAST YEARS AND THEY DO
SORT OF A RED, YELLOW, GREEN
INDICATOR TO TELL THE PUBLIC
WHAT THE STATUS IS AND THE RED
INDICATOR IS AN INDICATOR THAT
SAYS THE PUBLIC SHOULD NOT
EXPECT FURTHER WORK ON THAT
ITEM BECAUSE THERE IS TYPICALLY
A LACK OF ALIGNMENT WITH THE
DEPARTMENT OF WHETHER OR NOT
THAT RECOMMENDATION SHOULD BE
IMPLEMENTED.
I JUST THINK OF IT AS PART OF
THE TRANSPARENCY THAT I THINK
WE ARE ALL SEEKING THAT SHOULD
BE EVIDENT IN THE
RECOMMENDATION STATUS.
>> THANK YOU FOR THOSE COMMENTS
COUNCILMEMBER HERBOLD.
WE ACTUALLY DO NOTE WHEN ACTION
HAS BEEN DECLINED, SO THAT
WOULD INDICATE DISAGREEMENT.
THEY JUST HAPPEN TO BE ACTIVE
NOW AND WE HAVEN'T RECEIVED A
LETTER THAT SAYS DECLINED
ACTION.
BUT WHEN THEY DO DECLINE
ACTION, THAT USUALLY INDICATES
DISAGREEMENT OR LACK OF
ALIGNMENT ON THE ISSUE.
SPD WILL WRITE A LETTER AND
EXPLAIN WHY AND THEN YOU WILL
BE ABLE TO SEE THAT.
IF YOU GO TO MAYBE A PAST YEAR
LIKE 2019, IT MAY SHOW ACTION
DECLINED AND YOU WILL BE ABLE
TO SEE AN EXAMPLE.
YOU SHOULD BE ABLE TO SEE THAT
IN THE FUTURE.
IT'S JUST THESE PARTICULAR ONES
HAVEN'T BEEN DESIGNATED THAT
BECAUSE WE HAVEN'T RECEIVED THE
LETTER.
DOES THAT MAKE SENSE?
>> IT DOES MAKE SENSE.
MY RECOLLECTION IS THAT THERE
IS SORT OF A RESPONSE LETTER
THAT IS DUE WITHIN A CERTAIN
AMOUNT OF TIME.
IS THERE A TIME LINE?
>> THERE IS A 30 DAY
ACKNOWLEDGMENT THAT THE LETTER
HAS BEEN RECEIVED, THAT
REQUIREMENT.
WE HAVE ACTUALLY CREATED A
SEPARATE PROCEDURE FOR
MANAGEMENT ACTION
RECOMMENDATIONS.
WE TRACK THEM, AND WE DO HAVE
SPD REQUEST EXTENSION.
WE ACTUALLY USUALLY GIVE THEM
SIX MONTHS OR THREE MONTHS TO
COMPLETE THE ACTION.
THE ACKNOWLEDGMENT LETTER IS
JUST THAT.
IT'S BASICALLY YES WE RECEIVED
YOUR LETTER, THANK YOU, WHICH
ISN'T VERY SIGNIFICANT.
SO WE'VE KIND OF MOVED BEYOND
THAT AND ARE TRACKING
ADDITIONAL ACTION.
>> SO USING THE JANUARY 9,
2020, EXAMPLE, A RECOMMENDATION
REGARDING BODY WORN VIDEO, THAT
IS NOTED AS ACTIVE, BUT THERE
IS NO INDICATION THAT SPD HAS
AGREED WITH THE RECOMMENDATIONS
AND THAT ACTIVE MEANS WE ARE
WORKING ON IT VERSES ACTIVE AND
THE INDICATION IS THAT WE DON'T
INTEND TO WORK ON IT.
IS THERE A FIELD THERE THAT I
AM MISSING?
>> NO.
I BELIEVE ACTIVE GENERALLY
MEANS ACTIVE AND THEY'RE
WORKING ON IT.
SOME OF THESE JUST TAKE AN
AWFULLY LONG TIME TO IMPLEMENT
OR ARE MULTI PRONGED IN THE
APPROACH AND REQUIRE MULTIPLE
MONTHS.
THIS YEAR IN PARTICULAR AS I
MENTIONED THEY'VE ASKED FOR A
VARIETY OF EXTENSIONS JUST
BECAUSE OF BANDWIDTH.
TO ADDRESS YOUR PREVIOUS
QUESTION ABOUT MERGING TWO
POLICY DATABASES, THESE
RECOMMENDATIONS WILL BE
REFLECTED ON THE CPC'S MORE
HOLISTIC RECOMMENDATION
TRACKER.
WHILE WE WILL CONTINUE TO HAVE
OUR OWN WEB PAGE, INDIVIDUALLY
THEY WILL ALSO BE DOCUMENTED ON
CPCs FOR ANYONE WHO WANTS A
HOLISTIC LOOK.
>> GREAT.
THANK YOU.
>> ARE WE AT THE END OF OUR
PRESENTATION?
>> ONE MORE SLIDE.
>> GOT IT.
>> GOOD MORNING.
I WILL TOUCH BRIEFLY ON THE
ABLE PROGRAM MENTIONED BY THE
INSPECTOR GENERAL.
SPD RECEIVED A RECOMMENDATION
FROM THE INSPECTOR GENERAL TO
DEVELOP A PEER INTERVENTION
PROGRAM.
WE SENT STAFF TO THE NEW
ORLEANS EPIC TRAINING PROGRAM
WITH THE EXPECTATION THAT WE
WOULD THEN BE ABLE TO DEVELOP A
TRAINING COURSE FOR SPD.
THE EPIC PROGRAM HAS SINCE
EVOLVED INTO THE ABLE PROGRAM
WHICH IS THE ACTIVE BYSTANDER
FOR LAW ENFORCEMENT.
THIS PROGRAM WAS DEVELOPED BY
GEORGETOWN UNIVERSITY'S
INNOVATIVE POLICING PROGRAM, A
SCENARIO BASED TRAINING PROGRAM
KIND TO PROVIDE POLICE
PERSONNEL WITH TOOLS, TRAINING,
AUTHORITY TO INTERVENE TO
PREVENT OR STOP IMPROPER
BEHAVIOR, TO PREVENT MISTAKES,
PROMOTE OFFICER HEALTH AND
WELLNESS.
WE'LL HAVE MORE INFORMATION
ABOUT THAT COMING OUT.
BUT I WANT TO SPECIFICALLY
THANK CPC AND SOUND HEALTH FOR
THE LETTERS THEY WROTE IN
SUPPORT OF SPD JOINING THE
PROGRAM.
WE HAVE FOUR TRAINERS WHO ARE
CURRENTLY PART OF THE TRAIN THE
TRAINER PROGRAM THAT'S ONGOING
AND IN JANUARY, INITIAL CLASSES
WILL START WITH PERSONNEL FROM
THE TRAINING SECTION, WELLNESS
UNIT, COMMAND, AND WE EXPECT
FULL ROLL OUT TO BEGIN IN
FEBRUARY AND CONTINUE FOR
SEVERAL MONTHS.
>> THANK YOU.
THIS IS GOOD NEWS TO HEAR.
I APPRECIATE YOUR
RESPONSIVENESS TO THIS
PARTICULAR RECOMMENDATION.
AND THE TRAINING EFFORTS.
IS THERE CURRENTLY WITHIN THE
SPD POLICY AND PROCEDURES
MANUAL A POLICY RELATED TO THE
EXPECTATION THAT OFFICERS
INTERVENE?
>> IT'S EMBODIED IN TITLE 5 OF
THE SPD MANUAL.
>> DO WE EXPECT THERE TO BE ANY
CHANGES TO THE CURRENT POLICY
BASED ON THIS IMPLEMENTATION
AND TRAINING?
>> THAT'S LIKELY.
AS YOU KNOW MOST OF THE
POLICIES GO THROUGH AN ANNUAL
REVIEW PROCESS AND IN DOING SO,
WE UPDATE TO ALIGN WITH OUR
CURRENT PRACTICES AND TRAINING.
>> ALL RIGHT.
SO JUST LOOKING AT THE
THUMBNAILS OF ALL THE OTHER
COUNCIL MEMBERS HERE AND
LOOKING TO SEE IF ANYBODY HAS
ANY QUESTIONS?
NOT SEEING ANYBODY COME OFF
MUTE OR ANY HANDS RAISED, SO
WITH THAT, I WANT TO THANK ALL
OF YOU FOR JOINING US TODAY FOR
YOUR ANNUAL REVIEW.
IT'S VERY, VERY APPRECIATED.
I REALLY APPRECIATE ALL THE
EFFORTS ESPECIALLY TOWARDS
TRANSPARENCY AROUND PREVIOUS
YEARS' RECOMMENDATIONS SO THAT
WE CAN ALL HOLD OURSELVES AND
OTHER PARTS OF THE SYSTEM
ACCOUNTABLE FOR MAKING
PROGRESS.
THANK YOU AGAIN FOR JOINING US
AND ALL YOUR HARD WORK IN THESE
DIFFICULT TIMES.
ALEX, CAN YOU READ THE NEXT
ITEM INTO THE RECORD.
>> AGENDA ITEM 2, COUNCIL BILL
119974, ORDINANCE RELATING TO
CIVILIAN AND COMMUNITY
OVERSIGHT OF POLICE CREATING A
SUBPOENA PROCESS FOR OFFICE OF
POLICE ACCOUNTABILITY, OFFICE
OF INSPECTOR GENERAL FOR PUBLIC
SAFETY WHILE ENSURING DUE
PROCESS FOR INDIVIDUALS SUBJECT
OF THE SUBPOENA AND ACTING
SECTIONS 3.29.126 AND .245 TO
SEATTLE MUNICIPAL CODE.
>> THANK YOU.
WE START WITH A QUICK ROUND OF
INTRODUCTIONS, PLEASE.
>> GREG DOSS, COUNCIL CENTRAL
STAFF.
>> DIRECTOR OF OPA.
>> GOOD MORNING.
MICHELLE CHIN MAYOR'S OFFICE
LEGAL COUNSEL.
>> THANK YOU.
>> GOOD MORNING LISA JUG
INSPECTOR GENERAL FOR PUBLIC
SAFETY.
>> JOHN, GASOL, EITHER ONE OF
YOU.
>> GOOD MORNING.
SEATTLE CITY ATTORNEYS OFFICE.
I THINK JOHN IS UP FOR THE NEXT
ITEM.
THAT TAKES CARE OF
INTRODUCTIONS.
>> COUNCILMEMBER YOU WENT ON
MUTE.
>> THANK YOU ALL FOR BEING WITH
US.
I THINK I AM GOING TO HAND IT
TO CENTRAL STAFF, JUST A COUPLE
WORDS.
BEN WORKING WITH MAYOR'S
OFFICE, INSPECTOR GENERAL,
OFFICE OF PROFESSIONAL POLICE
ACCOUNTABILITY AND CITY
ATTORNEYS OFFICE IN DEVELOPING
THIS LEGISLATION AND I REALLY
APPRECIATE THE COLLABORATION
TOWARDS MEETING THIS GOAL THAT
WAS CONTAINED IN THE 2017
ACCOUNTABILITY ORDINANCE AND
THE WORK THAT THIS ORDINANCE
DOES IN INTRODUCING A PROCESS
FOR USING THE AUTHORITY
CONTAINED IN THE 2017
ACCOUNTABILITY ORDINANCE.
WITH THAT, I WILL HAND IT OVER
TO COUNCIL CENTRAL STAFF.
>> THANK YOU, MADAM CHAIR AND
MEMBERS OF THE COMMITTEE, GOOD
MORNING AGAIN.
I AM GOING TO KICK US OFF TODAY
WITH A BRIEF SUMMARY OF THE
LEGISLATION AND THEN TURN IT
OVER TO OUR GUESTS TO TALK
ABOUT THE ISSUE AND ANSWER ANY
QUESTIONS.
MY COMMENTS ARE CAPTURED IN A
CENTRAL STAFF REPORT THAT WAS E-
MAILED TO MEMBERS THIS MORNING
AND HAS BEEN POSTED TO
COUNCIL'S WEBSITE FOR PUBLIC
ACCESS.
COUNCIL BILL 119974 WOULD ADD
NOTIFICATION PROCESS TO THE
SUBPOENA POWERS THAT ARE
PROVIDED TO OPA DIRECTOR AND
INSPECTOR GENERAL UNDER 2017
POLICE ACCOUNTABILITY
ORDINANCE, ORDINANCE 125315.
THE NOTIFICATION PROCESS WOULD
GOVERN WHO YOU AND WHEN
NOTIFICATION MUST BE PROVIDED
AND WOULD ENHANCE DUE PROCESS
BY ENSURING THE RECIPIENT OF A
SUBPOENA IS AWARE OF DUE
PROCESS RIGHTS.
COUNCIL BILL 119974 WOULD
REQUIRE NOTICE TO BE GIVEN AT
THE SAME TIME AS OPA DIRECTOR
OR INSPECTOR GENERAL ISSUED A
SUBPOENA.
THE NOTICE MUST STATE THE
PURPOSE OF THE SUBPOENA AND THE
BASIS FOR SEEKING THE
INFORMATIONAN ACKNOWLEDGMENT
THAT THE SUBPOENA MAY BE
CONTESTED IN COURT, A STATEMENT
PROVIDING PRIVILEGES AND
IMMUNITIES FOR ANYONE WHO
PROVIDES DOCUMENTATION AND
STATEMENT THAT WOULD REQUIRE
SEARCH WARRANT OR EQUIVALENT TO
USE ANY EVIDENCE THAT IS
OBTAINED THROUGH A SEPARATE
CRIMINAL PROCEEDING, A SUBPOENA
IN A SEPARATE CRIMINAL
PROCEEDING.
BY WAY OF BACKGROUND, SUBPOENA
POWERS CURRENTLY PROVIDED TO
INSPECTOR GENERAL AND OPA
DIRECTOR ALLOW AGENCIES TO
COMPEL SPD OFFICERS, EMPLOYEES,
OR OTHER ENTITIES SUCH AS
PRIVATE BANK OR PRIVATE CELL
PHONE CARRIER TO PROVIDE
EVIDENCE IN SUPPORT.
BEFORE SUBPOENAS CAN BE ISSUED
TO COMPEL THE INFORMATION THE
CITY MUST FIRST NEGOTIATE TERMS
GOVERNING SUBPOENAS AS PART OF
THE COLLECTIVE BARGAINING
AGREEMENTS WITH AFFECTED
EMPLOYEES.
IN THIS CASE THAT IS SEATTLE
POLICE MANAGEMENT ASSOCIATION
AND SEATTLE POLICE OFFICERS'
GUILD.
THE CURRENT SPMA CONTRACT
ALLOWS FOR ISSUANCE OF
SUBPOENAS AND COUNCIL BILL
119974 WOULD SPELL OUT DUE
PROCESS AND NOTIFICATION
PROTECTIONS FOR SPMA MEMBERS.
CURRENT CONTRACT DOES NOT ALLOW
FOR ISSUANCE OF SUBPOENAS.
THIS WOULD HAVE TO BE
NEGOTIATED IN UPCOMING CONTRACT
DISCUSSIONS BETWEEN THE CITY
AND SPOG.
WITH THIS AS OVERVIEW, I WILL
TURN IT TO OUR GUEST TO ANSWER
ANY SPECIFIC QUESTIONS THAT THE
COUNCIL MEMBERS MIGHT HAVE.
>> THANK YOU, GREG.
SEEING NO HANDS OR QUESTIONS, I
THINK WE HAD COMMENTS WE WERE
EXPECTING TO RECEIVE FROM OUR
GUESTS HERE TODAY ABOUT THE
UTILITY OF THE LEGISLATION.
>> MICHELLE DO YOU WANT TO
LEAD?
>> SURE.
HAPPY TO.
GOOD MORNING.
FIRST I WANT TO START WITH
THANK YOUS, THANK YOU
COUNCILMEMBER HERBOLD FOR
HOLDING A COMMITTEE HEARING ON
THE LEGISLATION.
THANK YOU FOR YOUR LEADERSHIP
AND FOR YOUR STAFF KEEPING US
ON TASK TO GET THE LEGISLATION
DONE BY THIS YEAR.
THANK YOU TO MEYER BERG AND
LISA JUDGE AND DEPUTY AMY SIGH
WHO HAVE BEEN FULL PARTNERS
GIVING US THEIR CONSIDERABLE
TIME, INPUT, FEEDBACK ON
DEVELOPING THIS LEGISLATION.
ALSO I WOULD LIKE TO THANK CITY
ATTORNEY PETE HOLMES AND
ASSISTANT CITY ATTORNEY FOR
THEIR EXCELLENT LEGAL SUPPORT
HELPING US TO COMPLETE THIS
LEGISLATION AND JUMPING IN
MIDSTREAM DURING A STAFFING
TRANSITION.
FINALLY, I'D LIKE TO THANK
MAYOR DURKIN WHO HAD THE VISION
AND CHALLENGED US TO DEVELOP
LEGISLATION THAT WOULD BUILD ON
THE 2017 ACCOUNTABILITY
ORDINANCE AND TO STRENGTHEN
CIVILIAN POLICE OVERSIGHT BY
MAKING OPA AND OIG'S POWER TO
DIRECTLY ISSUE SUBPOENAS AND
EXPLICIT LEGAL AUTHORITY AND BY
BUILDING THE PROCESS FOR HOW
THIS IS TO ENSURE CIVIL
LIBERTIES AND DUE PROCESS
RIGHTS ARE PROTECTED.
THIS IS THE RESULT OF OVER SIX
MONTHS' COLLABORATIVE WORK BY
THE GROUP OF COMMITTED
STAKEHOLDERS INCLUDING ACLU.
I AM GLAD THAT WE ARE ABLE TO
ACCOMPLISH THIS LEGISLATIVE
GOAL BY THIS YEAR END.
IN 2019 BOTH THE FEDERAL COURT
OVER SEEING THE SEATTLE POLICE
DEPARTMENT CONSENT DECREE AND
CITY'S CONSULTANTS NATIONAL
POLICING EXPERTS 21CP ISSUED A
REPORT THAT STUDIED POLICE
ACCOUNTABILITY SYSTEM.
AND IN IT THEY NOTED THERE WAS
A LACK OF CERTAINTY REGARDING
SUBPOENA AUTHORITY.
THIS LEGISLATION IS IN PART IN
RESPONSE TO THE CONCERN, TO
MAKE EXPLICIT THE CITY'S LEGAL
AUTHORITY TO GRANT
ADMINISTRATIVE SUBPOENAS AS
FIRST CLASS CHARTER CITY AND
OPA AND OIG'S DIRECT ISSUANCE
OF SUBPOENA AND ENFORCEMENT TO
COMPEL PRODUCTION OF
INFORMATION TO ASSIST THEM IN
THEIR INVESTIGATIONS.
ALSO EXTREMELY IMPORTANT TO THE
MAYOR WAS MAKING SURE THAT THE
CITY HAD A PROCESS THAT
RECOGNIZES THE IMPORTANT FOURTH
AMENDMENT DUE PROCESS RIGHTS
AND 5th AMENDMENT PROTECTIONS
AGAINST SELF INCRIMINATION FOR
INDIVIDUALS WHO ARE OFTEN THE
COMPLAINANTS OR WITNESSES IN
THE POLICE MISCONDUCT
INVESTIGATIONS AND TO AVOID A
CHILLING EFFECT THAT SUBPOENAS
MIGHT HAVE ON THAT COOPERATION.
IT IS VERY IMPORTANT THAT OPA
AND OIG HAVE ABILITY TO GATHER
INFORMATION AND EVIDENCE
RELEVANT TO INQUIRIES.
THIS MEANS HAVING THE ABILITY
TO COMPEL PRODUCTION OF
INFORMATION IF NECESSARY.
THIS POWER THOUGH MUST BE
BALANCED AGAINST THE EQUALLY
IMPORTANT DUE PROCESS RIGHTS OF
INDIVIDUALS WHO MIGHT RECEIVE
THE SUBPOENAS.
THIS CREATED SOME IMPORTANT
ISSUES ON HOW TO PROTECT THAT
PRIVACY AND CIVIL LIBERTIES OF
OF CIVILIANS WHO HAVE RELEVANT
INFORMATION IN AN OPA OR OIG
INVESTIGATION.
SO A CRITICAL COMPONENT OF
POLICE ACCOUNTABILITY WE
BELIEVE IS PEOPLE ARE WILLING
TO MAKE COMPLAINTS AND ARE NOT
INTIMIDATED BY THE PROCESS.
WE BELIEVE THIS LEGISLATION
WHICH CREATES THE PROCESS AND
PROTECTIONS FOR COMPLAINANTS
AND INDIVIDUALS WHO MIGHT BE
THE SUBJECT OF THE SUBPOENA
STRIKES THAT RIGHT BALANCE AND
WE ASK THE COUNCIL'S SUPPORT
FOR PASSAGE OF THIS
LEGISLATION.
THANK YOU.
>> THANK YOU, MICHELLE.
DIRECTOR MEYER BERG OR
INSPECTOR GENERAL JUDGE.
>> QUICKLY SUPPLEMENTS WHAT
MICHELLE MENTIONED.
WE ARE AT OPA VERY SUPPORTIVE
OF THIS ORDINANCE.
IT'S IMPORTANT WITH THE
ACCOUNTABILITY LEGISLATION
WHILE SUBPOENA POWER WAS SET
FORTH, THIS EXPLAINS IT MORE OR
TALKS ABOUT THE PROCESSES,
TALKS ABOUT DUE PROCESS.
IN THAT RESPECT IT GOES FURTHER
THAN ACCOUNTABILITY ORDINANCE.
WE WERE PLEASED WITH
COLLABORATIVE WORK NOT JUST
BETWEEN CITY WORKER BUT WITH
ACLU, THE THOUGHTS BROUGHT TO
THE TABLE AND I THINK THE
FINISHED PRODUCT IS
EXCEPTIONAL.
WE ARE VERY SUPPORTIVE.
OBVIOUSLY WE UNDERSTAND THERE
ARE A COUPLE HILLS TO CLIMB
WITH BARGAINING WITH THE UNITS
TO FULLY EXPAND SUBPOENA POWER
TO MIRROR THE EXPECTATIONS OF
THE ACCOUNTABILITY ORDINANCE
BUT I THINK THIS IS A GREAT
FIRST STEP AND IT PUTS INTO LAW
THAT OPA AND OIG HAVE SUBPOENA
POWER WITHOUT LIMITATION WHICH
IS IMPORTANT.
>> THANK YOU, DIRECTOR.
INSPECTOR GENERAL.
>> HI THERE.
YES, THANK YOU.
I APPRECIATE THE COMMENTS OF MY
COLLEAGUES AND I ECHO THE
THINGS THEY HAVE SAID.
I DON'T FEEL LIKE I HAVE A
WHOLE LOT TO ADD TO THAT OTHER
THAN MY SUPPORT OF THIS
LEGISLATION AND MY APPRECIATION
FOR ALL THE WORK AND
COLLABORATION THAT WENT INTO
MAKING THIS POSSIBLE.
I THINK AS MY OFFICE FLAGGED
PRETTY EARLY ON, THIS IS A
CRITICAL POWER, TRUE ROBUST
ACCOUNTABILITY SYSTEM CAN'T
WORK SIMPLY BASED ON VOLUNTARY
COMPLIANCE ALONE.
I THINK THIS WAS A REALLY
NECESSARY STEP FOR EVERYONE TO
TAKE.
I AM SPEAK APPRECIATIVE OF THE
UNDERLYING SUPPORT THAT DROVE
IT.
THANK YOU.
THAT'S ALL I HAVE TO ADD.
>> THANK YOU.
I WOULD LIKE TO HIGHLIGHT THAT
THERE ARE A FEW TECHNICAL
CHANGES THAT NEED TO BE MADE
THAT WE'LL BE SEEING IN A
SUBSTITUTE VERSION AT OUR NEXT
COMMITTEE MEETING.
AMY, DID YOU WANT TO QUICKLY
TOUCH UPON SOME OF THE
TECHNICAL CHANGES JUST TO GIVE
COUNCIL MEMBERS A PREVIEW OF
WHAT TO EXPECT?
>> AT LEAST ONE THAT I KNOW OF
OFF HAND IS THERE IS A LITTLE
BIT OF A TECHNICAL EXERCISE IN
THE FACT THAT -- SORRY, THIS IS
TOTALLY TECHNICAL, BUT IT
REFERS TO SUBPOENA AUTHORITY IN
THE CHAPTER ITSELF SO
ELIMINATING SOME OF THE
REDUNDANCY AND SOME OF THE
CLEAN UP, MAYBE A LITTLE
HOMEWORK WITH IMPACTS TO PEOPLE
WHO ARE EMPLOYEES VERSES
NONEMPLOYEES.
A LITTLE BIT DUE DILIGENCE AND
BACKGROUND WORK.
I THINK IT'S A SOLID PRODUCT AS
IS SO WE ARE LOOKING AT THE
TECHNICAL KINDS OF ASPECTS.
>> THANK YOU SO MUCH.
ANY OTHER QUESTIONS OR
COMMENTS?
QUESTIONS FROM COUNCIL MEMBERS,
COMMENTS FROM COUNCIL MEMBERS,
COMMENTS FROM OTHER
STAKEHOLDERS AT THE TABLE HERE?
COUNCILMEMBER LEWIS.
>> THANK YOU SO MUCH, MADAM
CHAIR.
I WILL BE BRIEF AND I WANT TO
ASK A QUESTION TO DIRECTOR
MEYER BERG.
I AM REALLY GLAND THIS
LEGISLATION IS COMING FORWARD.
IT'S A VERY CRITICAL TOOL FOR
THE EFFECTIVENESS OF
ACCOUNTABILITY AGENCIES.
I WONDER IF YOU MIGHT JUST TO
CONTEXTUAL EYES THIS A LITTLE
FOR THE VIEWING PUBLIC ON WHAT
THE NEW POWER IS REALLY GOING
TO TANGIBLY MEAN FOR THE
EFFECTIVENESS AND ABILITY TO
COMPLETE INVESTIGATIONS THAT
MAYBE IN THE PAST WOULD HAVE
HAD AN INCONCLUSIVE RESULT OR
WOULDN'T HAVE BEEN ABLE TO
BUILD A STRONG ENOUGH CASE.
NOW WITH THE NEW TOOL AND NEW
POWER, NEW EVIDENCE, NEW
MATERIALS CAN BE GATHERED BY
THE OFFICE TO MAKE SURE THE
JUSTICE IS DONE AND THAT
WITHOUT THIS TOOL, IT HAS BEEN
DIFFICULT IN SOME CASES.
THIS IS MY UNDERSTANDING THAT I
AM LAYING OUT.
THIS ISN'T SUPPOSED TO BE A
LEADING QUESTION.
IF YOU WANT IT TO BE, I GUESS
YOU COULD ALSO TAKE IT AS THAT.
BUT JUST TO ILLUSTRATE WHAT
THIS IS GOING TO MEAN FOR
FUTURE OF INVESTIGATIONS IN THE
OFFICE OF POLICE ACCOUNTABILITY
AND HOW WITH THIS TOOL, WE CAN
REALLY MAKE SURE WE ARE
HONORING OUR MISSION WITH
RENEWED DILIGENCE AND
EFFECTIVENESS.
>> THANKS FOR THE QUESTION.
I WOULD SAY, YOU KNOW, AT THE
OUT SET, IT'S NOT NECESSARILY A
NEW TOOL PER SE.
OPA HAS WITHIN THE CONTRACT
SUBPOENA POWER BUT THAT
SUBPOENA POWER WAS LIMITED BY
THE SPA PROJECT.
WHAT WE CAN DO AND WHAT WE HAVE
IS ISSUE SUBPOENAS TO NONSPD
INDIVIDUALS AND OBVIOUSLY NOT
TO FAMILIES TO SEEK RECORDS.
WE HAVE DONE THAT IN THE PAST.
WE HAVE SOUGHT PHONE RECORDS OR
OTHER MATERIALS THAT HAVE BEEN
RELEVANT FOR INVESTIGATION.
SUBPOENA POWER IN GENERAL IS
INCREDIBLY IMPORTANT FOR TWO
REASONS.
FIRST TO ALLOW US TO DO THAT
TYPE OF EXPANSIVE WORK, TO GET
TO FACTS WE WOULDN'T HAVE BEEN
ABLE TO DO PRIOR TO THE
ORDINANCE BEING PASSED.
SECOND OF ALL, OUR SYSTEM
ENSURES CHIEF OF POLICE AND A
DEPARTMENT THAT WILL COOPERATE
WITH US.
IF THAT NO LONGER IS THE CASE,
SUBPOENA POWER IS ESSENTIAL TO
BRING IN WITNESSES, TO
INTERVIEW SWORN EMPLOYEES, TO
OBTAIN DEPARTMENT RECORDS.
IN SOME RESPECTS IT PREPARES
FOR WORSE CASE SCENARIO.
WHAT THIS ORDINANCE DOES IS IT
MAKES ABUNDANTLY CLEAR THAT OPA
AND OIG HAVE SUBPOENA POWER,
THAT WE HAVE A POWERFUL ROBUST
SUBPOENA POWER AND THAT CREATES
A PROCESS THAT STRENGTHENS THAT
SUBPOENA POWER SO IF THERE IS A
CHALLENGE, IT WILL SURVIVE THE
CHALLENGE.
THAT IS THE PURPOSE OF THE
ORDINANCE AND I THINK IT DOES
SO SUCCESSFULLY.
I AM NOT SURE I TOTALLY
ANSWERED YOUR QUESTION WHICH
WAS LEADING BUT I THINK I DID
GIVE A RESPONSIVE ANSWER.
>> I APPRECIATE THAT.
WE'LL BE TALKING ABOUT THIS A
LOT MORE, I AM SURE, AS WE
DEVELOP THIS.
OBVIOUSLY WE ARE NOT VOTING ON
IT TODAY.
JUST MAKE SURE WE DON'T BRING
FORWARD ANY ORDINANCES THAT
WOULD BAN LEADING QUESTIONS.
>> WILL DO.
THANK YOU.
>> I APPRECIATE IT, DIRECTOR.
THANK YOU FOR YOUR LEADERSHIP
ON THIS.
>> I AM WONDERING IF THERE IS
ANYBODY AT THE TABLE, PERHAPS
CENTRAL STAFF, WHO CAN SPEAK A
LITTLE BIT TO ASSUMING
LEGISLATION IS PASSED, WHAT
STEPS WOULD BE AS IT RELATES TO
ACTIVATING THE REOPENER?
I AM ASSUMING THAT WE CAN BEGIN
DISCUSSIONS AROUND THE SPOG
CONTRACT SEPARATE FROM OUR
LARGER NEGOTIATIONS ABOUT THE
NEXT CONTRACT BY MERIT OF IT
BEING A REOPENER.
I AM ASSUMING THAT A REOPENER
MEANS YOU CAN TAKE A PIECE OF
THE CONTRACT TO TALK ABOUT IT.
BUT I AM NOT CERTAIN.
>> COUNCILMEMBER, I HAVE THE
SAME UNDERSTANDING YOU DO THAT
BY BARGAINING REOPENER INTO THE
CONTRACT THAT THE CITY HAS THE
RIGHT TO RAISE THAT TOPIC WITH
THE UNION AT ANY TIME ALTHOUGH
FOR PRACTICALITY PURPOSES, SPOG
NEGOTIATIONS ARE ABOUT TO ENSUE
AND SO IT'S POSSIBLE THAT THE
CITY MAY JUST CHOOSE TO ROLL
THAT ITEM INTO THE UPCOMING
NEGOTIATIONS.
I WOULD ASK LAW TO JUMP IN AND
CLARIFY ANYTHING THAT I MIGHT
HAVE SAID HERE.
>> .
>> I WOULD AGREE WITH
EVERYTHING JUST DESCRIBED.
I WOULD POINT OUT WHAT IS
PROBABLY OBVIOUS TO ALL THAT
WHILE THE CITY CAN UNILATERALLY
RAISE THE ISSUE EITHER THROUGH
THE REOPENER AND EXISTING
CONTRACT OR AS A NEW BARGAINING
MATTER IN THE UPCOMING
DISCUSSIONS FOR THE NEXT
CONTRACT, BOTH PARTIES HAVE TO
AGREE TO THE CONTRACT TERMS.
SO WE CANNOT UNILATERALLY
DECIDE WHAT WILL BE INCLUDED IN
THE CONTRACT.
WE CAN ONLY UNILATERALLY DECIDE
TO ENTER THROUGH NEGOTIATIONS
WITH OUR COUNTERPARTS ON THE
OTHER SIDE OF THE TABLE.
>> THANK YOU.
UNDERSTOOD.
OTHER COMMENTS?
I THINK THE QUESTION OF WHETHER
OR NOT TO DO THIS IS PART OF
THE OVERALL NEGOTIATIONS OR AS
THROUGH THE REOPENER I THINK IS
A TAXABLE QUESTION WE'LL NEED
TO DISCUSS WITH THE EXECUTIVE
THROUGH THE LABOR RELATIONS
POLICY COMMITTEE.
IN CONSULTATION WITH OUR
ACCOUNTABILITY PARTNERS WHO ARE
ADVISING US IN THAT PROCESS.
I LOOK FORWARD TO HAVING THOSE
CONVERSATIONS.
>> COUNCILMEMBER HERBOLD, THE
ONLY THING I MIGHT ADD, I AGREE
WITH EVERYTHING THAT GREG AND
DAN DESCRIBED HERE IS THAT AS
PART OF THE TECHNICAL
AMENDMENTS, THERE WAS LANGUAGE
ADDED ON THE ADVICE OF THE CITY
ATTORNEYS OFFICE THAT WE MAKE
THIS ORDINANCE EFFECTIVE WHEN
THE COURT APPROVES THE
ORDINANCE AND THEN 30 DAYS OR
AFTER 30 DAYS AFTER THE MAYOR
SIGNS IT, WHICHEVER OCCURS
LATER.
SO WE ARE PRESENTING THE
ORDINANCE TO THE FEDERAL JUDGE
FOR HIS APPROVAL AND THEN IT
WILL BECOME EFFECTIVE ONCE THAT
APPROVAL AND 30 DAYS PASSAGE
AFTER THE MAYOR SIGNS IT.
>> THANK YOU FOR THAT ADDITION
AND CHANGES THAT WE SHOULD
EXPECT TO SEE.
WHEN COUNCIL MEETS IN THIS
COMMITTEE TO DISCUSS THE
SUBSTITUTE.
IF THERE ARE NO FURTHER
QUESTIONS OR COMMENTS, I WANT
TO AGAIN ECHO THANKS TO
EVERYBODY JOINING US HERE TODAY
AS WELL AS FOLKS WHO ARE NOT AT
THE TABLE INCLUDING THE ACLU.
AS MENTIONED EARLIER, THEY WERE
A REALLY GOOD PARTNER IN
ADVOCATING VERY STRONGLY FOR
THE MOST STREAMLINED APPROACH
OF ISSUANCE OF APPEALS AND
STILL OBSERVING THE ABILITY OF
FOLKS TO ASSERT THEIR PRIVACY
RIGHTS, YOU KNOW, WITHOUT
SACRIFICING THAT PROCESS, A
VERY STREAMLINED APPEAL
PROCESS, WHEN WE WERE TALKING
ABOUT DIFFERENT OPTIONS.
THEIR ADVOCACY WAS REALLY
IMPORTANT FOR THE OPTION THAT
WE ULTIMATELY CHOSE.
MANY THANKS TO THEM AS WELL.
WITH THAT, THANK YOU AGAIN FOR
JOINING US.
LET'S MOVE ON TO THE NEXT ITEM
ON THE AGENDA.
ALEX, CAN YOU READ IT INTO THE
RECORD PLEASE?
>> ITEM NUMBER THREE, PROPOSAL
FOR MISDEMEANOR BASIC NEED
DEFENSE.
>> THANK YOU, ALEX.
START WITH QUICK INTRODUCTIONS
PLEASE.
>> COUNCIL CENTRAL STAFF.
>> OTHER FOLKS WHO ARE HERE
WITH US TODAY ON THIS ITEM?
>> CITY ATTORNEYS OFFICE.
>> THANK YOU.
>> DEPARTMENT OF PUBLIC
DEFENSE.
THANK YOU ALL.
LET'S SEE HERE.
BEFORE I TURN IT OVER, JUST
AGAIN AS BACKGROUND, REMEMBER
IN LATE OCTOBER DURING THE
BUDGET PROCESS, THIS PROPOSAL
WAS BRIEFLY DISCUSSED AFTER
DIRECTION FROM OTHER COUNCIL
MEMBERS AND THE COUNCIL
PRESIDENT, WE DECIDED TO TAKE
THIS ITEM UP AFTER THE BUDGET
PROCESS.
THE PROPOSAL THAT WE ARE
DISCUSSING TODAY FOCUSES ON
CONCEPT OF CREATING A POVERTY
DEFENSE, MAKING MEETING
INDIVIDUALS' IMMEDIATE BASIC
NEED AND AFFIRMATIVE DEFENSE TO
A CRIME.
IT DOES NOT DECRIMINALIZE
MISDEMEANORS.
IT DOESN'T MAKE MISDEMEANORS
LEGAL.
IT IS SIMPLY ALLOWING FOR AN
AFFIRMATIVE DEFENSE TO
MISDEMEANORS AND THE DECISION
AROUND THE ADJUDICATION OF THE
CASE WILL BE AS IT IS NOW LEFT
TO A JUDGE OR JURY.
CENTRAL STAFF'S MEMO PROVIDES
BACKGROUND TO PROVIDE CONTEXT
ABOUT HOW AN AFFIRMATIVE
DEFENSE FITS INTO THE CRIMINAL
LEGAL SYSTEM, IDENTIFIES POLICY
CONSIDERATIONS FOR POTENTIAL
FUTURE BILL, OUTLINES NEXT
STEPS.
I JUST WANT TO HIGHLIGHT THAT
OUR CITY ATTORNEY HAS SAID IN
HIS LETTERS ATTACHED TO MEMO
THAT HE HAS WORKED TO MOVE CITY
ATTORNEYS OFFICE AWAY FROM
PROSECUTING PROPERTY CRIMES
THAT APPEAR TO BE COMMITTED OUT
OF SURVIVAL NECESSITY.
IT'S NOT ONLY A JUST CHOICE BY
PROSECUTORS, IT IS ALSO ONE
REINFORCED BY SEATTLE JURORS
WHO ARE LOATHED CONVICT FOR
CRIMES OUT OF PURE NECESSITY.
OUR CONVERSATION ISN'T
CONSIDERATION OF A DRAMATIC NEW
POLICY BUT ONE ABOUT
COTIFICATION OF EXISTING POLICY
AND ALLOWING FOR DEFENDANTS TO
MAKE A DEFENSE TO JURORS AND
JUDGES AND ALLOWING JURORS AND
JUDGES TO MAKE A DECISION BASED
ON FULL UNDERSTANDING OF THE
CIRCUMSTANCES.
WE HAVE BOTH REPRESENTATIVE
FROM CITY ATTORNEYS OFFICE AS
WELL AS FROM THE KING COUNTY
DEPARTMENT OF PUBLIC DEFENSE
DIRECTOR ANITA CONCERNEDDER
WALL AND THEY K AND HELP WITH
OUR CONVERSATION.
THANK YOU FOR THE MEMO.
HAND IT OVER TO YOU, BIG
PICTURE, THE MEMO EXPLAINS SOME
OF THE OPTIONS AND SOME OF THE
PROCESS THAT IS INHERENT TO ANY
CASE RELATED TO A MISDEMEANOR
ARREST OR A MISDEMEANOR CHARGE
AS CONTEXT.
MY HOPE IS THAT WE CAN GO
THROUGH THE OPTIONS HERE, HEAR
COUNCIL MEMBERS INTERESTS OR
CONCERNS AND DISCUSS NEXT STEPS
A THE SUBSEQUENT MEETINGS.
WITH THAT I WILL HAND IT OVER.
THANK YOU.
>>> GOOD MORNING.
THE MEMO LAYS OUT BASIC CONTEXT
ABOUT HOW THIS WORKS.
I WANT TO NOTE IT'S NOT A LEGAL
MEMO.
I TRIED TO EXPLAIN THE CONCEPT.
IF I END UP GOING DOWN THE
RABBIT HOLE OF LEGALLYS FEEL
FREE TO INTERRUPT ME AND I WILL
TRY TO EXPLAIN CONCEPTS.
THE OTHER THING I WANTED TO
NOTE IS WHERE THE MEMO FALLS IN
TERMS OF LEGISLATIVE PROCESS.
THE MEMO IS VERY MUCH A NARROW
LOOK INTO WHAT IT WOULD LOOK
LIKE TO DRAFT THIS AS INITIAL
CONCEPT.
NUANCES OF DRAFTING LEGISLATION
AS YOU KNOW CAN HAVE BIG
IMPACTS ON HOW A POLICY IS
IMPLEMENTED AND HOW LEGISLATION
PRACTICALLY OPERATES.
SO THIS MEMO IS NOT SO MUCH
ABOUT THE WIDER POLICY IMPACTS
OF WHAT IT WOULD MEAN TO CODIFY
SUCH A DEFENSE INTO THE CODE.
RATHER IT'S ABOUT GOING THROUGH
THE DRAFTING PROCESS, SPECIFIC
NUANCES OF DRAFTING ONE WAY OR
THE OTHER IN TERMS OF HOW AN
AFFIRMATIVE DEFENSE WOULD WORK.
THAT'S NOT TO SAY THAT ONCE WE
ARE FURTHER INTO THIS PROCESS,
THERE WON'T BE ANALYSIS OF
POLICY IMPACTS OF AN EVENTUAL
PIECE OF LEGISLATION WOULD LOOK
LIKE.
THERE ISN'T INTRODUCED
LEGISLATION SO IT IS HIGH LEVEL
CONVERSATION ABOUT THE
CONCEPTS.
THAT SAID, I WILL START WITH
JUST SOME BASIC BACK GROUND FOR
VIEWING PUBLIC ABOUT HOW THE
SYSTEM WORKS AND WHERE
AFFIRMATIVE DEFENSES IF IT IN
AND THEN WE CAN GET INTO THE
ISSUES IDENTIFIED.
WHEN SOMEBODY COMMITS AN ACT
THAT COULD BE A CRIME, THERE
ARE A COUPLE STAGES IN THE
LEGAL SYSTEM IN WHICH THE
INDIVIDUAL CAN GET INVOLVED.
SO IN THE FIRST CIRCUMSTANCE AT
THE STAGE OF ARREST, POLICE
HAVE DISCRETION TO ARREST
SOMEBODY FOR THE ACTOR NOT.
ASSUMING THAT THE POLICE DO
ARREST SOMEBODY, THE PROSECUTOR
THEN HAS DISCRETION TO DECIDE
WHETHER TO FILE CHARGES BASED
ON THAT CRIME.
THE PROSECUTOR CAN DECIDE NOT
TO PRESS CHARGES.
IF HE DOES DO SO, WE MOVE INTO
WHAT IS A PRETRIAL STAGE.
PROSECUTION FILES CHARGES AND A
JUDGE CAN CHOOSE TO DISMISS THE
CASE OR IT CAN REFER AN
INDIVIDUAL.
IN SOMETHING WE HAVE TRIAL
DIVERSION FOR EXAMPLE.
SOMEBODY CAN BE DIVERTED FROM
NORMAL COURSE OF TRIAL TO A
DIVERSION PROGRAM.
IF THE CASE DOES MOVE TO TRIAL,
PROSECUTION HAS THE BURDEN TO
PROVE BEYOND A REASONABLE DOUBT
THAT AN INDIVIDUAL IS GUILTY OF
THE CRIME.
SO THEY HAVE TO PROVE EACH OF
THE ELEMENTS OF A CRIME AND IT
IS UP TO THE JUDGE AND JURY TO
DECIDE WHETHER PROSECUTION HAS
MET THAT BURDEN.
THE DEFENDANT BASICALLY ARGUES
THAT THE PROSECUTION DID NOT
MEET THE BURDEN, THAT THEY DID
NOT PROVE EACH OF THE ELEMENTS
OF THE CRIME UNDER REASONABLE
DOUBT AND THIS IS WHERE
AFFIRMATIVE DEFENSE COMES IN
AND CAN ASSERT DEFENSE.
AFFIRMATIVE DEFENSE BASICALLY
CON SEEDS THAT THE DEFENDANT
DID COMMIT THE CRIME BUT THERE
IS A JUSTIFICATION OR EXCUSE
FOR WHY THE CRIME WAS COMMITTED
THAT SERVES TO EXCUSE THE
DEFENDANT FROM CRIMINAL
LIABILITY.
THE SEATTLE MUNICIPAL CODE
CURRENTLY CONTAINS A FEW
AFFIRMATIVE DEFENSES.
THE ONE IN THE MEMO IS DEFENSE
OF DURESS.
AN INDIVIDUAL HAS COMMITTED AN
ACT BUT ESSENTIALLY DID SO
BECAUSE THEY THOUGHT THEY WERE
REFUSING TO COMMIT THE CRIME
WOULD MEAN THEY WOULD SUFFER
FROM BODILY INJURY OR DEATH AND
THE FEAR OF THAT IS REASONABLE.
OTHER TYPE OF AFFIRMATIVE
DEFENSE IS COMMON LAW.
COMMON LAW IS BASICALLY
INTERPRETATION OF EXISTING CASE
LAW THAT ISN'T NECESSARILY IN A
STATUTE OR ORDINANCE BUT IS
STILL RECOGNIZED AS LAW.
AND AN EXAMPLE OF THAT IS THE
COMMON LAW DEFENSE OF
NECESSITY.
BASICALLY YOU WILL SEE THE
FACTORS LISTED IN THE MEMO.
A PERSON COMMITTED A CRIME TO
AVOID GREATER HARM.
LASTLY, IN TERMS OF BACKGROUND,
ANY AFFIRMATIVE DEFENSE THAT'S
BROUGHT IN SEATTLE MUNICIPAL
COURT WOULD BE FOR MISDEMEANOR
SINCE THAT IS THE JURISDICTION
OVER CRIMES -- EXCUSE ME,
JURISDICTION THAT THE COURT HAS
OVER THE CLASS OF CRIMES.
IF THERE ARE NO QUESTIONS ABOUT
THE CONTEXT, I WILL MOVE INTO
THE PROPOSAL ITSELF.
AND THAT IS TO DETERMINE HOW TO
CODIFY AN AFFIRMATIVE DEFENSE
THAT WOULD ALLOW AN INDIVIDUAL
TO ASSERT THEY COMMITTED A
CRIME BUT DID SO IN ORDER TO
MEET IMMEDIATE BASIC NEED.
MY UNDERSTANDING OF THE INTENT
OF THIS PROPOSAL IS TO PROVIDE
A WAY FOR A DEFENDANT TO EXIT
THE CRIMINAL LEGAL SYSTEM ON
THE FACT THAT THE SYSTEM ITSELF
IS NOT REALLY SUITED TO MEET
THE NEEDS OF THOSE THAT ARE
COMMITTING CRIMES OF POVERTY
AND THAT INVOLVEMENT IN THE
SYSTEM CAN CAUSE HARM.
AS NOTED, CITY ATTORNEY HAS
BEEN EXERCISING HIS DISCRETION
TO NOT PROSECUTE PROPERTY
CRIMES THAT APPEAR TO BE
COMMITTED BECAUSE SOMEBODY IS
TRYING TO MEET SURVIVAL NEEDS
BUT THAT IS A DIFFERENT STAGE
THAN WHAT THE AFFIRMATIVE
DEFENSE WOULD APPLY.
IF THE PROSECUTOR DOES CHOOSE
TO FOR A CRIME, THAT CAN BE A
DIFFERENT CITY ATTORNEY MOVING
FORWARD OR THERE IS
DISAGREEMENT ABOUT WHETHER THE
CRIME ITSELF WAS COMMITTED OUT
OF A NEED TO MEET AN IMMEDIATE
BASIC NEED.
YOU END UP AT THE TRIAL STAGE
IN WHICH THE DEFENDANT CAN
ASSERT THIS DEFENSE AS A WAY
FOR JUDGE AND JURY TO BE ABLE
TO LISTEN TO CIRCUMSTANCES
AROUND WHICH A PERSON COMMITTED
A CRIME.
IF THERE ARE NO QUESTIONS ABOUT
THAT PIECE, I WILL MOVE INTO
ISSUES IDENTIFIED.
I MENTIONED AS BEFORE, CONCEPT
OF THE DEFENSE BASED ON POVERTY
MIGHT BE STRAIGHTFORWARD BUT
THE WAY IN WHICH LEGISLATION
ITSELF IS CRAFTED AND SPECIFIC
NUANCES REFLECTING HOW THIS
WILL WORK PROCEDURALLY AND
LEGALLY CAN BE KNEW ANSWERED
AND CAN RESULT VERY DIFFERENT
SUBSTANTIVE IMPACTS INCLUDING
HOW EASY IT IS FOR THE DEFENSE
TO ASSERT THIS DEFENSE.
THE DEFENDANT, EXCUSE ME, TO
ASSERT THE DEFENSE.
THE FIRST PIECE IS ABOUT THE
LOCATION IN THE CODE.
AS OF NOW, AS I MENTIONED,
AFFIRMATIVE DEFENSE OF DURESS
SO IT COULD POTENTIALLY GO INTO
THAT EXISTING DEFENSE WHICH
WOULD MEAN A NEW DEFINITION
ESSENTIALLY OF WHAT THE DURESS
AFFIRMATIVE DEFENSE INCLUDES.
IT IS ALSO POSSIBLE TO PUT IT
IN A NEW SECTION OF THE CODE,
SO CREATE A NEW SUBSECTION IN
THE CHAPTER ABOUT LEGAL
CRIMINAL DEFENSES OR IT CAN GO
SOMEWHERE ELSE WHICH WITH
FURTHER RESEARCH AND ENGAGEMENT
CAN FIGURE OUT A NEW LOCATION
FOR IT.
IF DEFENSE WERE INCLUDED IN
DURESS LEGISLATION IT WOULD
REQUIRE A CHANGE IN JURY
INSTRUCTIONS WHICH IS WHAT THE
JUDGE PROVIDES TO THE JURY TO
LET THEM KNOW HOW TO WEIGH AN
AFFIRMATIVE DEFENSE IN MAKING A
DECISION ABOUT WHETHER A
DEFENDANT IS GUILTY OR NOT.
SO THAT WOULD REQUIRE SOME
CHANGES IN JURY INSTRUCTIONS IF
IT GOT CODIFIED INTO A TOTALLY
NEW SECTION OF THE CODE, IT'S
LIKELY THAT NEW JURY
INSTRUCTIONS WOULD BE REQUIRED
TO BE CRAFTED TO REFLECT THE
NEW DEFENSE.
THERE ARE A COUPLE OPTIONS
EITHER WITHIN EXISTING DURESS
DEFENSE IN A NEW SECTION OF THE
CODE, CRIMINAL DEFENSE CHAPTER,
OR ANOTHER LOCATION ALL
TOGETHER.
>> YOUR MEMO STATES THERE IS A
LITTLE BIT OF A DIFFERENCE
ABOUT CASE LAW AS WELL IN THAT
IF WE WERE TO PUT IT IN THE
DURESS SECTION OF THE CODE,
THERE WOULD BE NO CASE LAW TO
INTERPRET BECAUSE THIS WOULD BE
A DIFFERENT TYPE OF DURESS THAN
CASE LAW THAT'S BEEN
ESTABLISHED WITH EXISTING
DURESS.
THAT SAME CHALLENGE WOULD EXIST
IF WE PUT IT IN THE CRIMINAL
DEFENSE'S CHAPTER OF THE CODE
AS WELL.
IS THAT THE CASE?
>> YES.
THAT'S RIGHT.
I THINK IT JUST MIGHT BE MORE
CONFUSING IF IT'S WITHIN THE
DURESS.
IT'S IN CASE LAW ABOUT WHAT IT
MEANS.
IT WOULD MEAN THAT THE CASE LAW
AUTOMATICALLY DOESN'T APPLY AS
EASILY IF THAT MAKES SENSE.
>> THANK YOU.
IF WE CAN TAKE A PAUSE HERE,
THIS SEEMS LIKE A LOCATION OF T
THINK AFFECTS THE USEFULNESS OF
THE CHANGE, MAYBE WE COULD HEAR
A LITTLE BIT FROM EACH JOHN AND
ANITA.
>> DO YOU WANT ME TO GO FIRST
OR ANITA?
>> JOHN, THANK YOU FOR OFFERING
TO GO FIRST.
I WANT TO UNDERSCORE AS WE'VE
HEARD, YOU ARE HERE TO TALK
ABOUT POLICY OPTIONS FROM THE
PERSPECTIVE OF THE CITY
ATTORNEY'S OFFICE.
THIS DOES NOT -- YOUR
ENGAGEMENT ON THIS IS NOT AN
ENDORSEMENT OF THE PROPOSAL.
>> THANK YOU, COUNCIL MEMBER.
I AM HAPPY TO OFFER SOME QUICK
THOUGHTS ON HALF OF THE CITY
ATTORNEY'S OFFICE ON THE
HELPFUL MEMO.
ON THESE ISSUES, OUR
PERSPECTIVE IS THAT CITY
ATTORNEY OKLAHOMANS IS AN
ELECTED OFFICIAL IS COMMITTED
TO APPLYING DISCRETION IN CASES
WE CHARGE AND OUR OFFICE
DOESN'T BELIEVE IN CHARGING
TRUE AND NECESSITY AND EVERYONE
CONSTITUTES A NECESSITY CASE
BUT AS A MATTER OF PRINCIPLE.
WE DON'T CHARGE IMMEDIATE
NECESSITY IN FOOD-TYPE CASES OR
THINGS LIKE THAT.
SO OUR VIEW OF THIS LEGISLATION
IS WHAT WE DON'T BELIEVE IT'S
NECESSARY, WE'RE -- IF COUNCIL
WANTS TO LEGISLATE IN THIS
AREA, WE'RE SUPPORTIVE OF
WORKING WITH COUNCIL COMING UP
WITH LEGISLATION THAT CAN
CREATE A WORKABLE AFFIRMATIVE
DEFENSE CONSISTENT WITH THE
DIVERSION PROGRAMS AND OUR
EFFORTS TO BE JUDICIOUS ABOUT
WHAT CASES WE PROSECUTE IN THE
FIRST PLACE.
THIS ISN'T REALLY DURESS.
DURESS IS SOMETHING
INTENTIONALLY CAUSED BY A THIRD
PARTY.
IT WOULDN'T MAKE SENSE TO ADD
AS DURESS.
SHE'S CORRECT ABOUT THE CASE
LOG CONFUSION AND A CONCEPT
THAT'S DIFFERENT FROM DURESS
AND LOOKS MORE LIKE NECESSITY
AND IN THE LETTER THAT CITY
ATTORNEY HOLMES SENT TO COUNCIL
AT THE BEGINNING OF THE BUDGET
PROCESS, WE HAD COT FEWING THE
COMMON LAW NECESSITY IN DEFENSE
OF DISCUSSIONS WITH SAFE
HOLDERS.
MEETING A BASIC IMMEDIATE NEED
OF DEFENSE AND WE BELIEVE IF
THIS IS GOING TO HAPPEN,IT
SHOULD GO AT SOME PLACE IN THE
CODE TO REFLECT THAT IT IS A
UNIQUE AFFIRMATIVE DEFENSE
AGAINST ANYTHING THAT CURRENTLY
EXISTS.
OUR PREFERENCE IS TO LIMIT TO
NECESSITY OF CRIMES AND
SHOPLIFTING, CERTAIN TYPES OF
THEFT AND TRESPASS AND BE
REALLY CAREFUL THAT IT APPLIES
TO DIRECT THEFT RATHER THAN
THEFT FOR RESALE AND COULD
CREATE INTENSE CONSEQUENCES AND
AS AN AFFIRMATIVE DEFENSE, OUR
PERSPECTIVE IS THAT THE
DEFENDANT, THIS IS WHY THE
DEFENDANT TOOK A PARTICULAR
ACTION AND THE DEFENDANT SHOULD
HAVE THE BURDEN OF THE
ESTABLISHING THEY COMMITTED THE
CRIME TO IMMEDIATE AN
COMEDOBASIC NEED AND THEN THAT
COULD BE VETTED BY THE
PROSECUTOR AND ALL THE EVIDENCE
COULD BE COMMITTED TO MAKING
THE CASE BASED ON ALL OF THE
EVIDENCE.
SO KEEPING THIS LIMITED IN A
WAY WITHOUT ANY UNINTENDED
CONSEQUENCES BUT WOULD
ACCOMPLISH THE POLICY
OBJECTIVES THAT COUNCIL AND
STAKE HOLDERS ARE TALKING
ABOUT.
THIS IS SOMETHING WE THINK IS
WITHIN THE REALM OF
POSSIBILITY, BUT WE'D URGE
COUNCIL TO CAREFULLY FRAME THIS
NOT INTO SOMETHING LIKE DURESS
WITH THE CONCEPT AND DURESS AND
MAKE SURE THAT IT'S TAYLORED TO
COVER THE KINDS OF CASES THAT
COUNCILMENTS IT TO COVER AND
WOULDN'T NECESSARILY GO BEYOND
THAT AND I'M HAPPY TO ANSWER
QUESTIONS OR TALK FURTHER BUT I
THINK THAT'S OUR INITIAL
PRESENTATION.
>> THANK YOU, JOHN.
YOU JUMPED AHEAD.
I WAS HOPING TO GO THROUGH EACH
OF THE ISSUES IDENTIFIED IN THE
ISSUE ID AND THEN HEAR FROM
BOTH THE CITY ATTORNEY AND
PUBLIC DEFENSE BUT THAT'S OKAY.
YOU GAVE US A SORT OF GOOD
PREVIEW FOR WHAT WE'RE GOING TO
HEAR MORE FROM ASHA ABOUT.
ANITA, DO YOU WANT TO RESPOND
OR HOLD THE COMMENTS AROUND THE
DIFFERENT ISSUES FOR THOSE
PARTICULAR ISSUES AND MAYBE
JUST START OFF WITH RESPONDING
TO THE ISSUE OF WHERE IN THE
CODE?
>> SURE, I THINK THE HONEST
TRUTH IS WE DON'T HAVE A STRONG
PREFERENCE ON WHERE IN THE
CODE.
I THINK JURY INSTRUCTIONS STATE
THE LAW AND REGARDLESS OF WHERE
WE PUT THIS, WE WILL DEVELOP A
SET OF JURY INSTRUCTIONS WILL
BE DEVELOPED BY ATTORNEYS
THAT'S STANDARD PRACTICE IN ALL
CASES ANYWAY.
I'M NOT -- I DON'T THINK THAT
THAT'S A VERY MATERIAL ISSUE.
I THINK FROM OUR PERSPECTIVE,
WHAT'S REALLY CRITICAL IS THAT
THEY'RE GOING ON WHAT CURRENT
CASE LAW NEEDS TO REFLECT THE
VALUE NOT WANTING TO ADDRESS
THEIR IMMEDIATE NEEDS AND WE
DON'T -- WE WANT JURORS TO HEAR
THE FULL STORY, THE PLACEMENT
AND THE CODE DOESN'T MATTER AT
ALL.
BUT WE JUST WANT A OPPORTUNITY
FOR THE JURY TO HEAR THE FACTS
OF THE CASE FROM THE COMMUNITY
AND FOR THE COMMUNITY TO MAKE A
DECISION, AND I JUST DON'T
THINK EXISTING CASE LAW GETS US
THERE.
SO THAT'S, I THINK, SORT OF
WHERE THE LARGER DISAGREEMENT
IS BETWEEN US IN THE CITY
ATTORNEY'S OFFICE.
ON THE ISSUE OF PLACEMENT IN
THE CODE, WE RARELY DIFFER.
>> OKAY.
THAT'S GOOD TO HEAR.
I HAD BEEN UNDER THE IMPRESSION
FROM EARLIER DISCUSSIONS THAT
THAT WAS A POINT OF CONTENTION.
ASHA, DO YOU WANT TO MOVE ONTO
ELEMENTS OF THE DEFENSE
OPTIONS?
>> SURE.
>> SO THE BRASSIC CONCEPT HERE
WAS BASIC CONCEPT SERVICE THEY
WERE COMMITTING A CRIME TO MEET
A BASIC NEED AND DEPENDING ON
MORE ELEMENTS TO THE
AFFIRMATIVE DEFENSE IT REQUIRES
THAT THE PARTY NEEDS TO PROVE
ALL OF THOSE ELEMENTS FOR THE
DEFENSE TO BE ABLE TO APPLY.
FOR EXAMPLE, IF THE ONLY THING
THAT THE COUNCIL WANTS THE
DEFENDANT TO BE ABLE TO PROVE
IS THAT THEY WERE PARTICIPATING
IN THE CRIME IN ORDER TO MEET
THAT BASIC NEED AND THE
DEFENDANT WOULD HAVE TO PROVE
THAT THEY -- THE NEEDS THEY HAD
FIT WITHIN THE DEFINITION OF
IMMEDIATE BASIC NEED, THAT THEY
COMMITTED THE CRIME IN ORDER TO
MEET IT.
ON THE OTHER HAND YOU HAVE AS
JOHN MENTIONED, THERE IS SOME
SIMILARITY HERE TO THE COMMON
LAW NECESSITY DEFENSE AND IF
THE COUNCIL'S POLICY WAS THAT
THEY WANTED THE DEFENDANT TO
HAVE TO PROVE BOTH THAT THEY
COMMITTED THE CRIME, THAT MAKES
THE INCREASED BURDEN ON THE
DEFENDANT TO HAVE TO PROVE BOTH
AND COMMITTED THE CRIME TO MEET
THE BASIC IMMEDIATE NEED AS
WELL AS THE FACT THAT THERE'S
NO REASONABLE ALTERNATIVE TO
DOING SO.
DEPENDING ON WHAT THAT
PARTICULAR ELEMENT LOOKS LIKE,
THAT CAN CHANGE WHAT IT IS THAT
THE DEFENDANT ACTUALLY HAS TO
PROVE SO IF IT IS JUST THAT
THERE WAS NO REASONABLE
ALTERNATIVE, THAN IT WOULD BE
WHAT ACTUAL ALTERNATIVES
EXISTED, WERE THEY REASONABLE,
AND ALL THE INFORMATION THAT
WOULD HAVE TO GO INTO MAKING
THAT DETERMINATION BUT IF IT
WAS THE DEFENDANT DIDN'T KNOW
ABOUT A REASONABLE ALTERNATIVE,
THEN YOU HAVE TO GET INTO
WHETHER THE DEFENDANT ACTUALLY
KNEW ABOUT A REASONABLE
ALTERNATIVE OR THE DEFENDANT
SHULD HAVE KNOWN GETTING INTO
WHAT A REASONABLE PERSON WOULD
HAVE KNOWN WHAT A REASONABLE
ALTERNATIVE IS.
AS WE ADD MORE ELEMENTS, IT
DOES INCREASE THE BURDEN AND
THEN DEPENDING ON HOW THE
ADDITIONAL ELEMENTS ARE
INCLUDED IN THE LEGISLATION,
YOU GET TO ALL OF THE DIFFERENT
PIECES OF HOW YOU WOULD GO
ABOUT PROVING THAT ELEMENT AND
SO THAT DOESN'T GET INTO UPON
WHOM THE BURDEN LIES TO PROVE
THAT ELEMENT, WHICH WILL BE
INTO THE NEXT SECTION HERE AND
THE OPTIONS LAID OUT HERE SPEAK
TO JUST THE EXAMPLE OF
REASONABLE ALTERNATIVES SO THAT
FIRST OPTION WOULD JUST REQUIRE
THAT THE DEFENDANT PROVES THEY
HAD AN IMMEDIATE BASIC NEED AND
COMMITTED A CRIME TO SATISFY IT
AND COULD REQUIRE AN OPTION BE
BOTH THOSE FACTORS AS WELL AS
PROVING THE DEFENDANT HAD NO
REASONABLE ALTERNATIVE TO
COMMITTING THE CRIME AND THEN
OPTION C SPEAKS TO EITHER
HAVING A OR B AND IF THERE'S
ANY ADDITIONAL ELEMENTS FOR
EXAMPLE IF THERE ARE OTHER
THINGS FROM THE NECESSITY
DEFENSE THAT WOULD GO INTO THIS
NEW DEFENSE, OR THE LAST OPTION
D, SOME OTHER VERSION OF THE
EXISTING ELEMENTS WE'RE
DISCUSSING AND THAT COULD BE
FURTHER FLUSHED OUT WITH
FURTHER RESEARCH AND
ENGAGEMENT.
>> AND MY RECOLLECTION IS THAT
THUS FAR, THERE IS AGREEMENT
THAT THE ELEMENTS OF THE
DEFENSE OPTION COULD BE HAVING
AN IMMEDIATE BASIC NEED AND
NOOLOGY TERNTIVE TO COMMITTING
THE CRIME AND LACK OF ALIGNMENT
IS AROUND THE BUREN OF PROOF
FOR ESTABLISHING THE NO
REASONABLE ALTERNATIVE TO
COMMITTING THE CRIME.
IS THAT MORE OR LESS CORRECT?
>> AS TO WHO WOULD HAVE TO
PROVE THE NO REASONABLE
ALTERNATIVE PIECE.
>> SO IF MY RECOLLECTION OF THE
CAO AND PUBLIC DEFENSE
POSITIONS ON THAT ARE CORRECT,
LET'S MOVE TO THE BURDEN OF
PROOF QUESTION.
>> AS WITH MENTIONED, DEPENDING
ON WHO HOLDS THE BURDEN OF
PROOF, IF WE'RE TALKING ABOUT
NO REASONABLE ALTERNATIVE
ELEMENT, IF THE DESIRE IS FOR
THE DEFENDANT TO HAVE TO PROVE
THAT THEY HAD NO REASONABLE
ALTERNATIVE, THAT DOES INCREASE
THE BURDEN ON THE DEFENDANT.
ON THE OTHER HAND IF IT IS THE
PROSECUTION PROVING THERE WAS
NO REASONABLE ALTERNATIVE,
THERE ARE A COUPLE POTENTIAL
WAYS, ONE MORE THEORETICAL THAN
THE OTHER, BUT THEORETICALLY
YOU COULD HAVE THE PROSECUTION
PROVING IN TRYING TO PROVE
INITIAL BURDEN THAT FOR EACH
CRIME, THE DEFENDANT COMMIT IT
HAD AND THERE WAS NO REASONABLE
ALTERNATIVE TO COMMITTING THE
CRIME IN ORDER TO MEET THE
PERSON'S BASIC NEEDS.
PROCEDURALLY THE OTHER WAY TO
DO IT WOULD BE FOR THE
PROSECUTION TO PROVE THE
>> THAT FACTS WOULD DEFEAT THE
AFFIRMATIVE DEFENSE.
THE -- IF THE NO REASONABLE
ALTERNATIVE PIECE WAS PART OF
THE -- WHAT THE DEFENDANT HAD
TO PROVE AS PART OF THE
AFFIRMATIVE DEFENSE, THEY WOULD
HAVE TO PROVE AS I MENTIONED
BOTH THE PIECE AROUND MEETING
THE IMMEDIATE BASIC NEED AND
THERE WAS NO REASONABLE
ALTERNATIVE, AND THEN IT'S
POSSIBLE THAT THE PROSECUTION
COULD COME BACK AND SAY THERE
WAS IN FACT A REASONABLE
ALTERNATIVE BUT THEY WOULDN'T
HAVE THE BURDEN OF PROVING AS
MUCH.
OPTIONS LAID OUT ARE
ESSENTIALLY EITHER REPLACING
BURDEN ON THE DEFENDANT OR THAT
IS OPTION A. THE OPTION B WOULD
BE HAVING THE PROSECUTOR HAVING
TO PROVE THE NO REASONABLE
ALTERNATIVE PIECE OR THE THIRD
OPTION IS FIGURING OUT SOME
OTHER ALLOCATION OF BURDEN FOR
THE OTHER ELEMENTS.
>> THANK YOU.
I JUST WANT TO ALSO UNDERSCORE
AND IT CREATES A NEW BURDEN FOR
THE DEFENDANT WITH A
PREPONDERANCE OF DEFENDANT AND
BASIC NEED FULFILLED BY
EVIDENCE.
>> THE PREPONDERANCE OF
EVIDENCE STANDARD IS THAT THE
CLAIM IS MORE PROBABLY TRUE
THAN NOT.
I THINK IF IT'S MORE THAN 50%
TRUE, THAT WOULD SATISFY THE
BURDEN BUT PLEASE FEEL FREE TO
RE-FLESH ME, ATTORNEYS, IF
THAT'S NOT THE CORRECT
STATEMENT OF THE BURDEN.
>> IF WE COULD HEAR FROM --
WE'VE HEARD FROM THE CITY
ATTORNEY JOHN TICKET AND WE'VE
HEARD FROM ANITA ON THE
ALTERNATIVE AND VERY QUICKLY
THE LAST COUPLE ISSUES
IDENTIFIED HERE ARE PRETTY
STRAIGHTFORWARD AND WE CAN MOVE
FORWARD.
>> I WANT TO JUST REMIND THE
COUNCIL OF WHO THE CLIENTS ARE
THAT WE REPRESENT BUT 90% OF
INDIVIDUALS THAT GO THROUGH SMC
QUALIFY FOR PUBLIC DEFENDERS
AND THEY'RE INDIVIDUALS AND TO
PUT THE BURDEN ON THEM OF
PROVING THAT THERE WASN'T A
REASONABLE ALTERNATIVE IN A
SYSTEM THAT IS ALREADY, YOU
KNOW, SO HARMFUL TO OUR CLIENTS
JUST IS NOT IN KEEPING AT ALL
WITH THE SPIRIT OF WHAT WE WERE
TRYING TO PUSH FOR HERE.
WHEN EVERYONE IN OUR COMMUNITY
HAS ENOUGH TO EAT AND SHELTER
FROM L ELEMENT THEIR BASIC
HUMAN NEEDS ARE MET, WE'LL
APPLAUD THE ELEMENTS OF THE LAW
AND NOT USE THIS DEFENSE AT
ALL.
TILL THAT TIME, I THINK CITIES
SHOULD FRANKLY EMBRACE THE
OPPORTUNITY TO SHOW THERE WAS A
REASONABLE ALTERNATIVE AND LET
JURORS MAKE A DECISION BUT TO
PLACE THAT BURDEN ON A INDIGENT
INDIVIDUAL TRYING TO MEET THEIR
NEEDS TO SHOW THAT THERE WASN'T
SOMETHING NEARBY SEEMS TO JUST
SORT OF GO IN THE SAME
DIRECTION THAT OUR CRIMINAL
LEGAL SYSTEM HAS ALWAYS BEEN
IN, WHICH IS BURDENING THE
INDIVIDUAL'S WHO NORENSNARED
WITHIN IT.
>> SO QUICKLY JUST TO CLARIFY,
I THINK I UNDERSTAND WHAT
DIRECTOR KEVIN IS SAYING WITH
RESPECT OF THE NEED TO PROVE
WHETHER THERE'S AN ALTERNATIVE
OR NOT BUT I THINK IT'S
IMPORTANT TO NOTE THAT WITH THE
DEFENDANT'S STANDARD HERE WOULD
BE IS SOMETHING WITHIN THE
DEFENDANT'S KNOWLEDGE AND ISN'T
SOMETHING THAT'S UNREASONABLE
FOR ANYONE TO ESTABLISH.
FOR EXAMPLE IF YOU'RE DEALING
WITH A TRESPASS CASE WHERE A
DEFENDANT TRESPASSED SOMEWHERE
BECAUSE THEY DIDN'T HAVE
ANYWHERE ELSE TO SLEE THAT WAS
UNDERCOVER.
ALL BUT PUTTING THE BURDEN ON
THE DEFENDANT WOULD REQUIRE IS
FOR THE DEFENDANT TO TESTIFY
AND SAY THAT THEY WEREN'T AWARE
OF A SHELTER THAT THEY COULD GO
TO OR THERE WERE SHELTERS BUT
THEY COULDN'T GET INTO THEM
BECAUSE THEY HAVE A SERVICE
ANIMAL BECAUSE THOSE SHELTERS
WERE OFEN FULL FOR ANY NUMBER
OF REASONS AND THE DEFENDANT
HAD NOT EXHAUSTED SEARCH OF
WHERE THE SHELTERS ARE AND IN
THIS SORT OF EXAMPLE BUT REALLY
SAY THAT THEY THOUGHT THROUGH
IS THERE A LEGAL WAY I COULD
SATISFY THIS BASIC NEED AND I
WAS AWARE OF ONE AND THAT'S WHY
I DID THIS.
IS THAT SOMETHING THAT'S A
THOUGHT PROCESS BETWEEN THE
DEFENDANT'S KNOWLEDGE AND
ARGUES THAT THE DEFENDANT'S IN
THE BEST PLACE TO SAY THAT AND
ESTABLISH THAT INITIAL BURDEN.
IT CAN BE REBUTTED ON WHAT IT
SAYS AND CAN MAKE THE DECISION
AND WE'RE LOOK AT THE GOAL OF
PEOPLE BEING ABLE TO SATISFY
THEIR IMMEDIATE BASIC NEEDS BUT
WE DO THINK THAT AT THE END OF
THE DAY, IT'S FAIR TO ASK THE
DEFENDANTS TO EXPLORE AND
SATISFY THEIR NEED FOR
COMMITTING A CRIME TO DO SO
USING THE DEFENSE.
>> THANK YOU, JOHN.
MY GOAL FOR THIS IS FOR COUNCIL
MEMBERS AND THE PUBLIC TO GET A
SORT OF HIGH LEVEL PERSPECTIVE
OF THE DIFFERENT ELEMENTS OF
THE BILL.
WE'RE NOT GONNA RESOLVE THE
ISSUES HERE, BUT I DO WANT TO
FLAG THAT I THINK THE MEMO THAT
ASHA'S WRITTEN TALKS ABOUT NO
REASONABLE ALTERNATIVE AND WE
DON'T TALK ABOUT NO KNOWLEDGE
OF A REASONABLE ALTERNATIVE SO
THAT -- I DON'T KNOW IF THERE
IS POTENTIAL THERE TO GET
ALIGNMENT BY INSERTING THE
CONCEPT OF KNOWLEDGE OF A
REASONABLE ALTERNATIVE RATHER
THAN THE EXISTENCE OF A
REASONABLE ALTERNATIVE BUT
LET'S PUT A PIN IN THAT AND
WE'LL CONTINUE TO TALK ABOUT
THAT ITEM AND ASHA, CAN YOU
MOVE ON TO THE NEXT ISSUE IN
THE ISSUE PAPER.
>> SO NEXT ISSUE TALKS ABOUT
THE APPLICABILITY OF THE
DEFENSE TO ALL MISDEMEANORS AND
A COUPLE WAYS IN WHICH ALL THE
DEFENSE CAN APPLY AND THE FIRST
IS THEY TERM INCLUSIVE APPROACH
IS THAT IT APPLIES TO ALL
MISDEMEANORS WITH A FEW, IF
ANY, EXCEPTIONS AT ALL, WHICH
MEANS THE DEFENDANT WOULD HAVE
THE OPTION OF RAISING THE
DEFENSE NO MATTER WHICH CRIME
THE DEFENDANT IS CHARGED WITH.
ADVICE OF COUNCIL ABOUT WHETHER
IT MAKES SENSE TO ASSERT THE
DEFENSE, WHETHER DEFENSE IS
APPLICABLE AT THAT JUNCTURE
BASED ON THE FACTS.
THE OTHER APPROACH WOULD BE
WHAT I TERMED EXCLUSIVE
APPROACH AND THAT APPROACH --
DELIVERY.
>> SO SORRY, APOLOGIES.
AN EXCLUSIVE APPROACH WOULD BE
THE APPLICABILITY OF THE
DEFENSE TO A FEW SPECIFIC
MISDEMEANORS AND SO IT WOULD
MEAN THAT THE DEFENDANT COULD
ONLY RAISE THE DEFENSE IN THE
CIRCUMSTANCE THAT THEY ARE
CHARGED WITH THOSE SPECIFIC
MISDEMEANORS IN WHICH THE
DEFENSE IS APPLICABLE AND IS
FACTUALLY APPLICABLE TO THE
CHARGE AND THEY'D ONLY BE
ALLOWED TO RAISE IT IN SPECIFIC
LIST OF CRIMES TO WHICH IT IS
LEGALLY APPLICABLE.
>> REAL QUICKLY.
ANITA AND JOHN, YOUR THOUGHTS
ON THIS ELEMENT?
>> THERE'S NO OTHER AFFIRMATIVE
DEFENSES OR RATHER OTHER
AFFIRMATIVE DEFENSES ARE NOT
LIMITED TO HOW THEY APPLY TO
MURDER AND WHY WE'D NEED TO DO
SOMETHING DIFFERENT HERE AND I
THINK -- SO FOR EXAMPLE YOU
WOULDN'T BE ABLE TO USE SELF-
DEFENSE IN A FRAUD CASE AND
THERE'S NO WRITTEN EXCLUSION
STATUTORILY WRITTEN EXCLUSION
AND I WOULD LIKE TO SEE US
TREAT THIS THE SAME WAY.
I DON'T SEE A REASON TO TREAT
IT DIFFERENTLY.
SO I DON'T THINK, I WOULD SAY,
YOU KNOW, OUR STRONG PERCHES
HERE IS THE INCLUSIVE APPROACH
AND NOT THE EXCLUSIVE APPROACH.
AND THEN AGAIN, IN IS ABOUT
TRUSTING IN OUR JURIES AND
LETTING THEM HEAR.
IF THEY HEAR THAT SOMEONE STOLE
$500 WORTH OF STUFF TO, I DON'T
EVEN KNOW, OUR JURIES WILL BE
ABLE TO UNDERSTAND WHY SOMEONE
IS TRYING TO MEET AN IMMEDIATE
NEED AND WHY THEY'RE NOT AND I
DON'T THINK WE NEED TO TREAT
THIS LEGISLATION DIFFERENT THAN
OTHER AFFIRMATIVE DEFENSES.
THE BASIC NEED FOR THE DEFENSE
LIMITS THE CONTEXT TO WHICH IT
CAN BE APPLIED.
AND THE CASE THAT THE EDGES IN
THE MARGIN ARE ARGUING THE JURY
AND LETTING THE JURY DECIDE.
>> YEAH, SORRY.
I THINK OUR PERSPECTIVE ON THIS
IS TO APPLY TO VIOLENT CRIMES
OR LEFT FOR RESALE OR PROPERTY
DESTRUCTION WHICH WOULD BE
INCONSISTENT WITH USING
SOMETHING TO SATISFY MEDIA AND
BASIC NEED AND THEN IT MAKES
SENSE TO STATUTORILY EXCLUDE
THOSE.
IF THERE ARE FACT PATTERNS
WHERE STAKE HOLDERS OR
ADVOCATES MAKE SENSE FOR A
CRIME OTHER THAN THEFT FOR
DIRECT USE AND TRESPASS, WE'RE
HAPPY TO KIND OF DISCUSS WHAT
THOSE CONCEPTS ARE.
A JURY WOULD NEVER APPLY THIS
IN AN ASSAULT CASE.
WE DON'T WANT THIS TO APPLY TO
ASSAULT AND THIS DOESN'T APPLY
TO ASSAULT.
THEY'RE TRESPASSING LIKE MORE
STAKE HOLDERS AND LOOK THROUGH
A LIST OF CHARGES AND MIGHT
MAKE SENSE TO THINK THERE WHERE
THERE'S A DESIRE FOR A SUPPLY
AND EXCLUSIVELY LIMITED.
>> THANK YOU.
>> ANITA, LAST ITEM.
>> LAST ITEM.
>> I FIGURED.
THE LAST ITEM HERE IS WHETHER
THE DEFENSE SHOULD APPLY TO
RESALE OF GOODS OR NOT AND SO
WITHOUT ANY LIMITATION THAT'S
SPECIFIC TO STATE NOT APPLYING
TO RESALE GOODS OR MAKING SURE
THAT BASIC IMMEDIAT NEEDS IS
SPECIFICALLY DEFINED AND
POTENTIAL THIS COULD APPLY TO
AN EXAMPLE OF SOMEBODY STOLE A
BUNCH OF CELL PHONES AND
INTENDED TO RESELL THEM TO PAY
THEIR RENT AND OPTIONS ARE
REALLY FIGURING OUT IF COUNCIL
DOES WANT THE DEFENSE TO APPLY
IN THE CIRCUMSTANCES THEN
MAKING SURE THAT THE
LEGISLATION REFLECTS THAT.
IF THE DESIRE IS NOT TO HAVE
THE -- EXCUSE ME, THE DEFENSE
APPLY TO THOSE CASES OF RESELL,
THEN JUST MAKING SURE THAT IT'S
THE SCOPE OF THE DEFENSE IS
LIMITED IN THAT WAY OR IT'S
VERY CLEAR THAT IMMEDIATE BASIC
NEED DOESN'T MEAN ITEMS --
EXCUSE ME, BASIC IMMEDIATE NEED
DOESN'T MEAN THOSE NEEDS THAT
ARE -- THAT COULD BE MET LATER
ON GIVEN HOW MUCH TIME IT WOULD
TAKE TO RESELL AN ITEM.
THOSE ARE THE OPTIONS LAID OUT
AS AB.
>> THANK YOU.
MY RECOLLECTION OF THE
CONVERSATION WAS THAT THE
DEFENSE AND ADVOCATES HAD
ARGUED THAT THEY BELIEVED THAT
THE LANGUAGE IMMEDIATE BASIC
NEED ADHERENTLY WOULD PROHIBIT
THE UTILITY OF THE DEFENSE IN A
RESELL SITUATION AND THERE
MIGHT BE SOME ALIGNMENT ON THE
INTENT, BUT SOME CONVERSATION
THAT'S STILL NECESSARY TO FIND
OUT WHETHER OR NOT THE LANGUAGE
MEETS THE INTENT.
ANY THOUGHTS ABOUT THAT?
>> YOU KNOW, I THINK IN MANY
WAYS THE SAME QUESTION SORT OF
A NUMBER IDENTIFIES IF THEY'RE
RELATED TO NUMBER FOUR, THIS
QUESTION OF INCLUSIVE OR NOT
INCLUSIVE, AND I THINK
ULTIMATELY AGAIN WITH OTHER
DEFENSES, THERE ISN'T A LOT OF
LANGUAGE THAT CARVES OUT AND
NOT GOING TO APPLY TO X, Y, AND
Z. THE DEFENSE IS THERE AND
THEN A PERSON CHARGED WITH THE
CRIME CAN DECIDE WHETHER TO
RAISE THAT DEFENSE OR NOT.
ULTIMATELY I THINK WE HAVE TO
TRUST OUR JURIES.
WE CAN'T IMAGINE SORT OF THE
ENDLESS PERMEATION OF FACTS
THAT MAY COME UP, BUT WE DO
KNOW THAT WE CAN AND SHOULD
TRUST OUR COMMUNITY MEMBERS TO
DETERMINE WHAT IS A BASIC NEED.
WHAT IS AN IMMEDIATE BASIC
NEED, AND WE SHOULDN'T FEAR THE
POSSIBILITY OF PEOPLE TRYING TO
TELL THIS STORY AND AGAIN, THIS
IS IN THE LARGER CONTEXT OF THE
FACT THAT WHEN WE CONVICT
PEOPLE OF A CRIME AND SUBJECT
THEM TO INCARCERATION, THAT
SHOULD BE AN EXTRAORDINARY
THING THAT WE'RE DOING AND NOT
COMMON PLACE AND IT IS SO
HARMFUL TO THE PEOPLE IN THE
SYSTEM AND AS WE KNOW THE
SYSTEM IS ALSO INCREDIBLY
RACIALLY DISPROPORTIONATE AND
FINDING WAYS TO SLOW DOWN THE
MACHINERY OF THE SYSTEM IS
CRITICALLY IMPORTANT IN GIVING
JURORS THE OPPORTUNITY TO HEAR
STORIES AND EXERCISE JUDGMENT
ABOUT WHAT THE DIFFERENCE IS
BETWEEN A BASIC NEED AND
PROFITEERING IS WHERE WE SHOULD
BE HEADED.
>> I THINK I AGREE THAT THIS IS
FAIRLY SIMILAR TO WHETHER IT
SHOULD BE LIMITED BY THE CRIME
THAT IT APPLIES TO.
AT THE END OF THE DAY, OUR VIEW
ON IT IS SIMILAR IN THAT IF
ADVOCATEDS AND STAKE HOLDERS
WHERE IT SHOULD BE APPLIED TO
ASSAULT.
NOT THINKING OF FACT PATTERNS
WHERE IT SHOULD BE APPLIED TO
THEFT RESALE AND EXCLUSIVELY
CARVE OUT THEFT FOR RESALE AND
IMMEDIATE BASIC NEED AND THEFT
FOR DIRECT USE BUT GIVEN
CONCERNS ABOUT THIS ON THE
OTHER SIDE, COUNSEL'S GOING TO
LEGISLATE IN THIS ARENA.
THAT'S A FAIRLY LARGE CATEGORY
OF CASES THAT OCCUR AND IF THEY
WERE NOT HAVING RESALE CASES
THEN THEY SHOULD BE EXCLUSIVELY
EXCLUDED.
>> THANK YOU.
REALLY I APPRECIATE THAT
OVERVIEW AND THE ENGAGEMENT OF
BOTH PUBLIC DEFENSE AND THE
CAO, THE ATTORNEY'S OFFICE AND
LOOK FORWARD TO MORE
ENGAGEMENT, OTHER COUNCIL
MEMBERS, DO YOU HAVE A ANY
QUESTIONS OR COMMENTS AND I
LOOK FORWARD TO WORKING WITH
YOU AND WORKING TO DEVELOP THIS
LEGISLATION.
COUNCIL MEMBER PETERSEN.
>> YES.
THANK YOU, CHAIR.
I'VE GOT SEVERAL COMMENTS.
THANK YOU FOR ALLOWING ME TO
SPEAK.
COLLEAGUES UNDER THE CITY
COUNCIL'S LEAGUE AND I'M ABLE
TO PARTICIPATE IN TODAY'S
PUBLIC SAFETY COMMITTEE AND
ALTERNATE MEMBER AND REGULAR
MEMBER IS ABSENT TODAY AND I
APPRECIATE THE OPPORTUNITY TO
SHARE INPUT ON THE PROPOSAL
FROM MY COLLEAGUE TO EXPAND THE
AFFIRMATIVE DEFENSE AVAILABLE
TO DEFENDANTS RESTED AND
PROSECUTED FOR MISDEMEANOR
CRIMES WITHIN THE CITY OF
SEATTLE.
FOLLOWING CITY HALL RESPONDING
TO RESTORATIVE JUSTICE AND
DEVELOPMENTS OF ALTERNATIVES
AND NUMEROUS POLICY AND BUDGET
ACTIONS TO REIMAGINE AND REVAMP
PUBLIC SAFETY REGARDING THE
REFORM OF OUR SEATTLE CODE AND
I WAS PROKED OF THE SPONSOR SO
VOTE FOR THE CHANGES AND
REPEALED MISDEMEANOR LOTTERRING
LAWS AND WE HAVE MUCH MORE WORK
TO DO.
>> I AGREE.
WE MUST CONTINUE TO CROWD
PUBLIC POLICIES COMPASSIONATE
AND DATA INFORMED AND WE MUST
ADDRESS THE LONG STANDING
STIGMAS THAT DEMONIZE
ADDICTION, AND POVERTY AND
DISPROPORTIONATE NEGATIVE
IMPACTS ON COLOR AND REMAINS
THE RESPONSIBILITY OF
POLICYMAKERS TO STRIKE AND MAY
MAKE MATTERS WORSE OR HARM
CAUSED TO COMMUNITIES AND I
APPRECIATE THE GOOD INTENT WITH
WHICH THIS IS BEING FLOATED AND
THE GOOD INTENT OF WANTING TO
SHARE THE SERIOUS CONCERNS OF
CONSTITUENTS IN RECENT WEEKS
ABOUT IT.
BIG PICTURE AND I'M VERY
CONCERNED WITH THIS ANALYSIS
THUS FAR IS FRAMED AT HOW TO
ENACT THIS UNCONVENTIONAL AND
POLICY ON WHETHER TO ENACT A
CONTROVERSIAL POLICY.
I WANT TO LIST THE TEN SPECIFIC
CONCERNS, WHICH I HOPE WILL BE
HELPFUL AS THE DELIBERATE
PROCESS COPTS ON THIS.
REIMAGINING PUBLIC SAFETY HAS
TO INCLUDE PREVENTING CRIME AND
POLICE ACCOUNTABILITY AND
RESPECTING EACH OTHER RATHER
THAN ENABLING INDIVIDUALS TO
ENABLE CRIME AND CONDUCT AND
BASIC LAWS THAT SETS STANDARDS
IN AN ACT WITH EACH OTHER.
AND THEY'RE NOT MAKING
COMMUNITIES SAFER AND MADE
SENSE AND THEY WERE MEANT TO
PROTECT ONE'S SELF-AND I'M
CONCERNED THAT REDUCING LAWS
MEANT TO PROTECT EACH OTHER AND
WE NEED TO CREATE TWO
ADVANTAGES AND TRESPASSING AND
SHOPLIFTERS AND THE RESULTS OF
THE BRAND NEW COMMUNITY LED
PARTICIPATORY BUDGET NEXT YEAR
AND IMPLEMENTATION AND REFORM.
SEE HOW THIS WORKS AND THE
COUNCIL IS IMMERSED AND TIME
CONSUMING AND DISTRACTING
DEBATE OVER WHETHER WE'RE THE
FIRST CITY IN THE U.S. TO
WEAKEN LOCAL LAWS THAT PROTECT
EACH OTHER AND ONCE AGAIN IT
SEEMS WE WOULD BE PROCEEDING
WITH AN UNCONVENTIONAL AND
UNCONTESTED CLEAR PLAN AND THE
UNFORTUNATE INCIDENT THAT WAS
CALLED CHOP WHERE SEATTLE
BECAME IN THE EYES OF MANY A
NATIONAL EMBARRASSMENT AND I'M
DEEPLY CONCERNED THAT SUCH
UNCONVENTIONAL NON-CONTESTED
PROPOSAL BEFORE US TODAY COULD
HAVE A NEGATIVE IMPACT THAT
REVERBERATES BEYOND CITY HALL
BUBBLE IN THE BOUNDARIES OF OUR
CITY AND NEGATIVELY IMPACTING
POLICE REFORM EFFORTS THAT WE
WANT TO SEE ENACTED AT STATE
LEVEL AND OLYMPIA NEXT YEAR AND
U.S. SENATE ELECTION AND
GEORGIA IN CONTROL OF THE
SENATE AND FUTURE SUPREME COURT
NOMINATIONS HANG IN THE BALL
LOS.
>> THE SEATTLE TIMES RECENTLY
QUOTED THE CONCERN OF STATE
ROGER GOODMAN, KIRKLAND AND
CHAIRS SAFETY COMMITTEE AND
THOSE ALARMED BY THIS CAN USE
AS A TALKING POINT TO UNDERMINE
WHAT I BELIEVE ARE RESPONSIBLE
JUSTICE SYSTEM REFORMS AT THE
STATE LEVEL.
THE MEMO FROM STAFF DOES NOT
DISCUSS IMPACT OF VICTIMS OF
THE CRIME AND PHYSICAL,
EMOTIONAL, OR ECONOMIC HARM TO
THE VICTIMS.
I'M CONCERNED THAT WATERING
DOWN A LAW AND CREATING A
RESTITUTION FUND FOR VICTIMS
ARE LIKE SAYING YOU CAN RUN A
RED LIGHT IF YOU'RE LATE FOR
WORK AND WORRIED YOU'LL LOSE
YOUR JOB AND WE'LL USE TAX
DOLLARS TO CREATE A FUND FOR
CAR CRASH VICTIMS.
WE SAY PROPOSED LEGISLATION
úMUST HAVE STAKE HOLDER INPUT
AND IN THIS CASEWORKS I
STRONGLY BELIEVE THE GENERAL úP
A KEY STAKE HOLDERS.
WHILE ADVOCATES MIGHT HAVE THE
EAR OF SOME COUNCIL MEMBERS AND
ARE MAKING EXCELLENT POINTS, WE
ALSO NEED TO LISTEN TO THE
GENERAL PUBLIC AND SMALL
BUSINESSES WHEN IT'S HARDER TO
DO THAT WITH THE COMMUNICATION
LIMITATIONS DURING THE COVID
PANDEMIC.
OUR CITY CANNOT AFFORD TO HAVE
MORE LOCAL BUSINESSES LEAVE OUR
CITY AND SHRINK THE TAX PHASE
WE RELY ONTO FUND PROGRAMS TO
HELP LOW INCOME NEIGHBORS.
THE CURRENT MEMO FROM CENTRAL
STAFF DOES NOT YET DISCUSS THE
COST BORN BY RENTERS,
HOMEOWNERS, AND SMALL
BUSINESSES TO REPLACE STOLEN
MERCHANDISE AND STOLEN WINDOWS.
THIS LAW COULD GIVE INSURANCE
COMPANIES ON EXCUSE TO CLASSIFY
ALL OF SEATTLE AS A HIGH RISK
ZONE.
WHICH WILL IN TURN INCREASE
PREMIUMS FOR RENTERS INSURANCE,
BUSINESS LAW INSURANCE.
THE MEMO BEFORE US DOES NOT SAY
WHETHER ANY OTHER CITIES HAVE
EXPERIMENTED WITH EXPANDING
AFFIRMATIVE DEFENSES TO CRIMES.
AND WE CAN LEARN FROM IT.
IF IT'S NOT BEEN DONE ELSEWHERE
IN THE NATION, COMMUNITIES AND
SMALL BUSINESSES IN SEATTLE AND
ONCE AGAIN BECOMING A GUINEA
PIG AND OTHER IMPACTS OF MAJOR
CHANGES OF IMPACT SOLUTIONS.
WOULD THIS APPLY JUST TO
SEATTLE RESIDENTS?
IF NOT, HOW WOULD THIS PROPOSE
THOSE STRUGGLING ECONOMICALLY
THROUGH THE YES JOHN AND THOSE
COMING TO SEATTLE TO SHOPLIFT
BECAUSE THEY CAN CLAIM POVERTY
AS A DEFENSE.
I'M NOT SURE THIS WAS NEEDED
RIGHT NOW.
OUR -- AT LEAST FOR THAT 1-5
YEARS BECAUSE THE EXISTING CITY
ATTORNEY IS -- HAS ALREADY
ACKNOWLEDGED IN HIS OCTOBER 30
MEMO HE DOES NOT PROSECUTE FOR
CRIMES OF POVERTY.
IT'S ALSO NOT NEEDED RIGHT NOW
BECAUSE DEFENDANTS CAN ALREADY
USE THE COMMON LAW DEFENSE AS A
NECESSITY AS THE CITY ATTORNEY
POINTS OUT IN HIS MEMO.
I URGE THE CHAIR AND MEMBERS OF
THIS COMMITTEE TO TABLE THIS
IDEA TILL AFTER THE STATE
LEGISLATURE CONCLUDES IT'S
SPRING SESSION.
THANK YOU.
>> THANK YOU, COUNCIL MEMBER
PETERSON.
I FEEL LIKE MUCH OF THE
ARGUMENTS YOU HAVE MADE ARE
REALLY BASED ON THIS -- SO I
REALLY THINK THAT UNDERSTANDING
THIS PROPOSAL AS A PROPOSAL
THAT IS REALLY BASED ON
TRANSPARENCY AND GIVING PEOPLE
A OPPORTUNITY TO TELL THEIR
STORIES AND GIVING JUDGES AND
JURIES A DECISION BASED ON THE
VALUES OF OUR CITY AND ON THEIR
UNDERSTANDING OF WHAT THE FACTS
ARE.
I REALLY THINK THAT THAT
UNDERSTANDING OF THE PROPOSAL
ADDRESSES A LOT OF CONCERNS
THAT YOU'VE RAISED BUT I LOOK
FORWARD TO HAVING ADDITIONAL
CONVERSATIONS AND ADDITIONAL
STAKE HOLDER ENGAGEMENT AS WE
MOVE FORWARD.
THANK YOU SO MUCH.
IF THERE ARE -- I'M LOOKING.
COUNCIL MEMBER LEWIS.
>> THANK YOU, MA DEMOCRAT
CHAIR.
I WANT TO START WITH MY
COMMENTS AND SAY, YOU KNOW, I
APPRECIATE A LOT OF CONCERNS
THAT COUNCIL MEMBER PETERSEN
RAISED ASSOCIATED WITH DELVING
INTO THIS TERRITORY.
I DO THINK IT'S IMPORTANT THAT
WE ALL NOT PREJUDGE A PROPOSAL.
>> YOU'RE SAYING I DID IT BUT
LISTEN TO THIS.
I WONDER IF THE BURDEN IS NOT
ON THE DEFENSE, WHAT -- I GUESS
I WONDER WHAT THE PROCESS WOULD
BE NECESSITY DEFENSE OR ELEMENT
AND WHAT THE CRIME IS AND
EXPECTATION THAT THE BURDEN IS
ON THE PROSECUTION AND THE
DEFENSE WOULD NEED TO MAKE A
SHOWING AND PUT SOMETHING IN
CONTENTION FOR THE CITY TO
DISPROVE.
JUST IN TERMS OF MECHANICS OF
HOW AN AFFIRMATIVE DEFENSE
WORKS, UNLESS THE DEFENSE PUT
SOMETHING OUT THERE INTO
CONTENTION FOR THE CITY TO HAVE
TO GRAPPLE WITH IN THEIR
REBUTTAL, I DON'T SEE HOW IF
THE BURDEN WAS ON THE CITY TO
ESSENTIALLY DISPROVE IT BEYOND
ANY REASONABLE DOUBT, WHAT
WE'RE ESSENTIALLY DISPROVING IF
WE DON'T EVEN KNOW -- IF THE
DEFENSE HAS NOT PUT ANYTHING IN
THERE TO MAKE -- TO BE ABLE TO
MAKE THAT -- PUT THAT IN
CONTENTION.
IF THEY WERE THE CASE, WE WERE
EXPECTING THE CITY TO JUST
PREEMPTIVELY DISPROVE IT, I
WOULD THINK THAT WOULD
ESSENTIALLY ADD AN ADDITIONAL
ELEMENT TO WHATEVER THE CRIME
IS.
LIKE IT WOULD BE LIKE PROVING
FOR THEFT FOR EXAMPLE THAT THE
PERSON TOOK SOMETHING FROM, YOU
KNOW, A STORE THAT THEY DID IT
WITH THE INTENT OF PERMANENTLY
DEPRIVING THE PERSON OF THE
ITEM THAT THEY LEFT THE STORE
AND THAT WHEN THEY DID IT, IT
WAS NOT TO MEET A IMMEDIATE
BASIC NEED.
WE WOULDN'T GET A BASIC
IMMEDIATE NEED.
THAT'S MY INITIAL THINKING OF
GOING THROUGH THE HEARING HERE
AND HOW IT WOULD WORK IN
PRACTICE AND IF IT WAS ON THE
CITY AND IT SEEMS TO ME THEY
COULD ODD ANOTHER ELEMENT BUT
TRUCK STRUCTURES THAT WAY.
>> WHAT WOULD THAT BE IN THE
FORM OF?
WOULD A DEFENDANT ESSENTIALLY
TESTIFY TO ASSERT THAT BUT
AFTER THAT SHOWING THE BURDEN
WOULD BE ON THE CITY TO COME
BACK AND HAVE TO BASICALLY
DISPROVE THE TESTIMONY AND IF
THE BURDEN IS ON THE CITY.
I DON'T KNOW WHAT.
>> ANY'RE COMMENTS OR THOUGHTS?
THANK YOU ALL FOR STICKING WITH
US LATE IN THE COMMITTEE.
AS WE'VE HEARD, THERE'LL BE
CONTINUED CONVERSATIONS, STAKE
HOLDER MEETINGS AND
CONSIDERATION OF FEEDBACK FROM
COUNCIL MEMBERS ON WHAT WE'VE
HEARD TODAY.
WE'LL CONTINUE WITH ADDITIONAL
COMMITTEE MEETINGS IN JANUARY
INCLUDING ADDITIONAL
CONVERSATION ABOUT DEVELOPMENT
OF THIS POLICY AND THE PUBLIC
SAFETY AND HUMAN SERVICES
COMMITTEE WILL HAVE A SPECIAL
COMMITTEE MEETING ON THURSDAY,
DECEMBER 17 AT 9:30 A.M..
IT WILL NOT -- THIS TOPIC WILL
NOT BE ON THAT AGENDA.
JUST WANT TO DO ONE MORE QUICK
CHECK FOR THE GOOD OF THE ORDER
BEFORE WE ADJOURN.
ANY OTHER COMMENTS FROM COUNCIL
MEMBERS?
SEEING NONE, IT IS 12:16:00
P.M.
AND WE ARE ADJOURNED.
THANK YOU.