Smackdown over Seattle police: turning point or just a summer storm?
The uproar over police accountability has provided a peek behind the blue curtain and inside the Mayor Greg Nickels administration. But has it enough momentum to prompt serious reform?
The ongoing story about Seattle Police accountability issues, now about 10 days old, might have "legs," as they say in the news biz, but then again we are approaching the Dog Days of August when smallish stories swell in the heat, due to the absence of real news, and then deflate like a summer inner tube on Labor Day.
Reasons the story might grow into something major: Some bulldog reporters, particularly at The Seattle Times, are on it; Mayor Greg Nickels and Police Chief Gil Kerlikowske misplayed the opening serves and made things worse; City Council President Nick Licata seems determined to come up with ways to strengthen citizen reviews; and there really are some big issues underlying the name calling and spin. Reasons it might fizzle: Nickels is very adept at getting embarrassing stories off the front pages, and most of the public figures and politicians who would push for a fuller airing of the issues admire Chief Kerlikowske and fear the repercussions of angering the Police Guild.
The issues have been simmering for years, producing the steam pressure that blew the lid off a few weeks ago. In the fall of 1999, then-Mayor Paul Schell and then-Chief Norm Stamper decided to take some modest steps toward civilian oversight of police behavior. Police still have the real say about such oversight in Seattle, but some civilian-led review was allowed, so long as the chief still had the last word. Strict rules about public disclosure were imposed, perhaps fatally weakening the system.
This awkward compromise might have worked if the chief, the mayor, and the Police Officers Guild had allowed it to. The way it's supposed to work is the Office of Professional Accountability, headed by a civilian appointed by the mayor, looks into controversial disciplinary cases on its own, makes a report to the chief, who then does his own investigation and decides whether to accept the OPA recommendation or not, ideally giving his reasons in writing.
The temptation has been to interfere with the process, letting the chief get involved in the investigation before it's completed by OPA (potentially gaming the system), letting a six-month clock run out on investigations (which exempts an officer from discipline), and not explaining the chief's reasons for differing from the OPA (thus evading public indignation). The City Council, not exactly trusting of the mayor, created a three-person OPA Review Board in 2002 to monitor the OPA, and that citizens committee prepared a critical draft report of the way the chief was apparently interfering early in the review process of a controversial arrest in January. The draft report leaked out, and the mayor's office and the chief escalated the war by attacking review board chair Peter Holmes for political ambition and berating anyone for daring to criticize the present rickety system of police oversight.
The first politician with egg on his face was Mayor Nickels who, instead of saying that he wanted to get the facts on these fairly serious allegations, blew off the critics in a fairly convincing imitation of Dick Cheney. Next to look silly was City Council President Nick Licata, who miscalculated by calling for the council to review the chief's appointment every four years, only to discover how popular the chief is and how little stomach other council members have for taking on the cops. (Licata nonetheless deserves a lot of credit for being the one person with the courage to keep raising these important issues. Next week he'll start a council-led process to improve the review board, inviting the Mayor to join in.)
As more stories accumulated of other questionable behavior by cops and the shakiness of the oversight process, Nickels, Kerlikowske, and Licata all managed to recover their strides. The mayor, as he usually does in the face of bad news, disappeared from the story and then calmed the waters some by asking the new civilian director of the OPA, Kathryn Olson, to review the recent investigation, reporting at some time safely in the future. Kerlikowske, a suave politician, gave The Times an exclusive interview in which he artfully said that he had done no wrong but was open to changing the system. By Wednesday, June 27, Nickels had also agreed to review the system, with the mild admonition that "no system is perfect." Licata withdrew his chief-review proposal (he had no backers) but kept up the pressure to make the current system work.
The Police Guild, meanwhile, continued to attack any changes on all legal fronts, filing unfair labor practice complaints, discrediting the Review Board, and pouring cold water on the mayor's interest in possibly changing the system. According to the guild, since the city and the cops union are currently in talks over the next three-year contract and no major changes to the OPA process have been proposed, the next chance to make modifications (which must be negotiated as part of the labor agreement) is three years hence. If then.
For the media, stories like this always produce a lot of false rabbits to chase, and the mayor's spinmeisters were busy breeding these bunnies. Who leaked the draft report? What political ambitions lurk in the heart of Peter Holmes, the leading member of the Review Board? Is this just another spat over turf between the mayor and the council? Given the local NAACP's jumping in and calling for the chief to resign, is it really just about race relations, rather than broader questions about the police department?
Well, yes, it's those familiar story lines, oft-told enough to assure that the story peters out pretty quickly. What would really be interesting, and would finally shed some real light on the way Mayor Nickels runs his regime, would be to investigate the power of the Police Guild, their ability to protect bad officers, and the timidity of local politicians (and many unhappy cops) in the face of the guild's lawyers, the union's stalling of reform, and threats of political reprisal.
What I suspect we'd find, if the story really developed legs, is that Nickels puts a very high premium on placating labor unions like the guild and that he tends to put his senior department heads in awkward positions as they are forced to squash legitimate inquiries into what's going on. We'd also see how little the council has been able to do to force more police accountability. And whatever happened to the city attorney's office in these matters? The case might well emerge that Seattle should move to an independent civilian review board, as the ACLU and other activists have long urged. Then the fat would really be in the fire.
This being conflict-averse Seattle, I doubt we'll really get to a showdown. More likely are some token reforms and a heavy application of Dr. Kerlikowske's emolient lotions.
Then again, there are four factors that might make this story into a kind of turning point for this issue and this mayor. One would be if Nickels' political opponents, gearing up for a mayor's race in 2009, sense that the mid-second-term blahs have settled in, ever since the setback on the Alaskan Way Viaduct (the mayor's favored tunnel replacement option is dead), and that some of the buried critics of Nickels could be lured out into the public, using this issue as a pretext.
A second factor could be the race for King County prosecutor, where a challenger like Bill Sherman, the likely Democratic nominee and a veteran from the criminal side of the prosecutor's office, might decide to raise the similar issue of King County Sheriff's Office deputies (equally adamant in opposing review processes that cull out bad apples), and thus make the Seattle variant of the disease a focus of political debate. Don't count on it, since a prosecutor needs to have good working relations with the police and any Democrat thinks long and hard before taking on the cops' union.
The third factor is the 2007 election for City Council. Ex-cop Tim Burgess, who has been critical of Chief Kerlikowske's leniency in discipline cases, would be a natural to raise these issues, but he was just endorsed by the Police Officers Guild and will probably mute his criticism. The race between Venus Velazquez and Bruce Harrell is probably too close for either one to risk stirring up the powerful guild, though both candidates will be very sensitive to the issues of bad cops treating minorities disrespectfully.
Then there is a fourth factor, public pressure. Remember that? Back in the days when heroic and principled lawyers had a lot of sway in local politics, you might get some of them stepping to the public microphone and pressuring elected officials to put the public interest ahead of labor peace. The Municipal League would bestir itself. In a time of rising crime, this was easier to do; today, due to demographic factors and the decline of crack cocaine, most cities, including Seattle, have crime statistics that lull us into complacency. Police departments have learned to be much more sensitive about race relations, with Kerlikowske particularly good in this regard, thus defusing another powder keg for reform.
Most likely, we'll be afforded a brief peek inside the blue curtain of police work in Seattle, a few more ugly pictures of victims on the front pages of the papers, a long and tedious examination of minor tweaks to the present system, and then a return to a not-very-comforting normalcy.
Say it isn't so. Tell me how it could be otherwise.
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Comments:
Posted Fri, Jun 29, 7:20 a.m. Inappropriate
*i grew up in south africa in the 60s and 70s and my mother (a librarian and elementary school principal) taught my brother and me at an early age that we should always hold a deep suspicion of the police, because "people who like to use violence to achieve power are attracted to police work and to criminal activity, so there will always be a lot of bad apples in the police". i don't distrust all the seattle police and i have certainly met some great people on the force, but i do not automatically give them the benefit of doubt. my visceral reaction is to shudder when i come across the police in an isolated setting and i walk as fast as i can to get away.
Posted Fri, Jun 29, 6:39 p.m. Inappropriate
The situations in which police find themselves in are often of the extreme variety. Consider a domestic dispute. A Mardi Gras riot. An altercation with a crazy person or a drunkard or someone on drugs. A run-in with a gang member. Emotions are high, reason is low, the possibility of violence is real, life may be at risk, and force may be justified. In these situations, which police encounter repeatedly, having standard well-defined operating procedures is essential, as is training, and supervision. But in the heat of battle, occasionally someone will step over the line. There's just no getting around it. Outliers exist. So when this happens, what can be done? What should be done? What should fellow officers do who witness excessive force? What should someone who is the victim of excessive force do? What should happen to an officer who uses excessive force? If these outcomes can be made simple and be made to result in speedy justice, then you have a good system. Otherwise, you'll end up encouraging officers not to report on their own (which should be assumed as an institutional bias), you'll end up with victims who are not believed because of racial or socio-economic bias, and you'll have officers who use excessive force and get away with it, and serve as bad examples for other officers. This is the situation that I believe faces SPD.
Certainly, there should be some internal policing and correcting of behavior. But in addition there must be EXTREME MONITORING. By this I mean audio and visual recording of all on-duty activities. So multiple cameras on all cars giving a 360 video of what's going on would be a deterrent for potential lawbreakers and off-camera shenanigans.
Also, the incentive system should be set up to reward non-violent arrests, thus providing incentives to develop means for arresting without using violence. However, no punishment for using necessary force when absolutely necessary should exist. That's the last resort that we need to make less frequent.
Ultimately, a third-party supervisory capacity is essential with the focus on catching officers doing things right, so when an occasional exception occurs, it is treated as just that, an exception, rather than as what many will instinctively view--whether rightly or wrongly--as just the tip of the ice berg of police corruption. That is the problem right now. To what extent does a battered man represent a) proper policing, b) an exception to the rule of humane policing, or c) an example of general police brutality? No one seems to be able to objectively answer that question.
I"m personally a Kerlikowske fan. From my perspective from afar, he seems to be very honest , loyal to his officers, and cognizant of both the safety of his officers and the rights of citizens. However, at this point I too am suspicious of the department as a whole. It seems as if SPD policy permitting violence is used by officers to teach "lessons" and to "send messages," as well as to restrain suspects and to protect officers'lives. Frankly, it doesn't seem easy to draw the line, and once officers feel able to inflict violence within policy parameters it seems there's no graceful escalation, but simply thermonuclear strikes. Possibly a more graduated policy of engagement is appropriate, akin to weapons inspections, embargoes and sanctions rather than all-out war.
Posted Sat, Jun 30, 9:53 a.m. Inappropriate
Toro?: Why is there no mention of Jesse James Toro II in this? Are we waiting for other to investigate?
Posted Sun, Jul 1, 9:03 a.m. Inappropriate
'Breaking Rank', by WTO scapegoat Norm Stamper, is destined to be a seminal classic and should be required reading for every officer of even modest ambition. Stamper lived on the cutting edge and he got it right. He, like Norm Maleng, may well have not fully thought out the potential complications of women's power, but that is a question no one has solved (right Hillary?).
'Cops, Crooks, and Politicians' by former State Patrol and Seattle Chief Neil Maloney is a tougher, but also scarier read. He doesn't really come out and name names, but he certainly rails on 'politicians' playing politics with the law. He seems to like the disgraced former US Attorney Brock Adams, but never mentions Norm Maleng, who played almost an important role as Adams in the subjects of the book. It, like 'Breaking Rank' ,is intended for an officer readership. The two books read together give an excellent perspective on policing accountability, both what is said and what is unsaid.
-Douglas Tooley
Tacoma, WA
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