What would real reform of Seattle police practices look like?

Faced with widening citizen anger, the city needs to seize control of police accountability and oversight.

Mayor Mike McGinn

Mayor Mike McGinn

Seattle Police Chief John Diaz

City of Seattle

Seattle Police Chief John Diaz

The Seattle Police Department’s problems don’t seem to be getting any better.  A recent public meeting intended to calm the public and smooth public relations ended in a shouting match.  It will take more than words to quell the anger.

Videos of various police actions, culminating in the shooting of John T. Williams, the Native American wood carver, by officer Ian Birk, have caused widespread public disapproval. The unfortunate death of Williams at the hands of Birk has angered the Indian community, and other incidents against minorities has raised anger as well. What’s new is that the minority communities are being joined by the general population.

The police have had their own problems.  In Lakewood south of Tacoma, four officers were executed as they were having morning coffee and a Seattle officer was intentionally shot and killed while sitting in his patrol car.  Officers in Pierce and King County have suffered losses, as has the Washington State Patrol. The cops have every reason to be on edge.  If normal police work weren’t dangerous enough, they now appear to be targeted for assassination.

Aside from the violence, Seattle needs some serious work to change the image and behavior of the police department. When Gil Kerlikowske left his post running the SPD, Mayor McGinn needed to find a new chief.  From a nationwide call, not all that many names had sufficient experience to step into a chief’s job in a major city.  McGinn chose chief Diaz, already a veteran of SPD.  Among the finalists was Rick Braziel, an outstanding candidate from Sacramento. Braziel, after an interview with the mayor and the Seattle Police Guild, withdrew his name.  There has been speculation why he suddenly changed his mind after reaching the finals in the selection process.

We don’t know what Rick Braziel may have sensed in the Seattle Police Department or city administration, but his decision to withdraw suggests the problems may be a bigger challenge that we realize.  Police departments in general are hampered by a violent culture, complex administrations, and a public that forms many of its opinions about policing by television.  In the last three decades television has made cop shows and crime and justice a major part of their programming.  So much so, the public begins to believe they know all about crime and cops.  But, reality and television scripts aren’t the same.  Real cops working with real situations face challenges the public rarely sees.

Part of our dilemma as a society is determining how we want our police to protect us.  The perfect blend of how a civil society should operate has always been divided.  America's birth as a nation was a blend of people from very different cultures and experiences with law and order.  America’s western movement portrayed in our history, literature and film accepted shortcuts to justice.  “Hang em high,” was more than a slogan. The frontier, the Indian wars, the violence of survival brought a very different mindset as to what justice really was.  Even today debate over the death penalty is prominent.

As a culture we have made the choice to transfer the responsibility of controlling crime to the police and the justice system.   We have said to our police, in effect, take care of the crime, we can’t be bothered and besides it’s dangerous.

Because they deal with danger, cops have formed unions or associations to deal with the cities that have hired them.  Aside from working hours, pay, retirement, and health care, police unions have written into their contracts a whole host of other provisions.  These include how they are supervised and how the city will deal with an officer who is accused of unprofessional conduct.  In Seattle, the Office of Professional Accountability (OPA) was formed to be an independent group chosen to look at officer conduct.  However, the Seattle police guild's contract with the city gives the officers a say in what powers the OPA has. The agreement mandates that the OPA may not assign punishment if an officer is found guilty of misconduct.

Likely because of the dangers in law enforcement, police have become a band of brothers, a brotherhood that supports one another.  Loyalty supports them in dangerous situations, but it can also cause officers to look the other way when their brothers might step away from accepted policy, use too much force, or deviate from prescribed procedure. Called the thin blue line, this characterizes the great divide between officers who stick together to create the law-and-order we expect and those who choose crime.

Guilds can become incredibly powerful.  They can intimidate labor negotiators, city council members, mayors, and even the police chiefs hired to run their departments.  It’s a common belief that police chiefs in Seattle serve at the pleasure of the guild.  A vote of “no confidence” can end a chief’s career. Guilds can use funds for political purposes or to massage media and establish public relations campaigns to shape the image of police culture.  In other cities, the police have used their ultimate weapon, slowing or withholding service.  In practice, the tactic involves slowing response to calls and sometimes crimes are watched but aren’t pursued.  It’s a technique that seems to work.  Mayors, city council members and city managers across the country usually fold at the bargaining table facing a hostile union.

A cop’s job is to serve and protect.  It’s often an unpleasant job and dangerous as well.  Many believe being a cop is our nation’s most dangerous job.  While very high on the list it isn’t the most dangerous job in the nation, according to the Department of Labor and statistics.  More construction workers die doing their job than police, but it isn’t a fair comparison.  We don’t ask construction workers to confront armed criminals.  Nonetheless any officer killed in the line of duty receives enormous public concern because we care for the men and women who protect us.  Likewise, we don’t like bullies in blue uniforms.

Occasionally however, a citizen dies at the had of an officer where the circumstances cause people to question if the officer made the right decision.  It doesn’t happen often, but often enough to suggest that either some officers either don’t follow their training, misinterpret the level of threat, or even, in rarer cases, might have taken justice into their own hands.  It’s very likely most police officers have never fired their weapon except in practice at the shooting range.  Also most good police forces in the US. go out of their way to select officers who are emotionally stable, well-trained and qualified to do their job.  More than 99 percent of the time, the policies and training work.  But, when training fails or guidelines are unclear, something can go wrong and someone can die.

The public seldom appreciates how incredibly difficult it is for any officer to make split second judgments that determine whether deadly force is justified.  It is for that reason that the police community has steadfastly asserted that they and only they should make the polices regarding deadly or lethal force.  They write the training manuals, and the handbook of rules that establish procedures to cover almost any possible scenario before or after a shot is fired.  They also establish in training what constitutes a threat.  Therein lies the rub.


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Comments:

Posted Tue, Feb 8, 9:41 a.m. Inappropriate

This is a thorough and well-considered piece. I would expand on the first recommendation to add that in a perfect world urban police officers would receive on an ongoing basis both training in the social dynamics of aberrant psychology and access to a forum where they can discuss and work through issues arising out of difficult public encounters.

In recent decades we have, in our collective wisdom, dismantled most of our institutional capacity for isolating and treating serious mental illness. The inevitable result of this decision was to dump the mental health problems of lower income citizens (now often exacerbated by alcohol, drugs and petty criminal behavior) onto the streets and into the laps of police officers who are ill-prepared to handle the challenge. Police departments should provide their officers with at least the rudimentary skills and resources necessary for managing conflict when dealing with the mentally ill.

woofer

Posted Tue, Feb 8, 12:05 p.m. Inappropriate

Very good piece, Kent. I think if #3 were implemented the other three suggestions may not be necessary. You are right to emphasize just how tough that job is.

kieth

Posted Tue, Feb 8, 12:18 p.m. Inappropriate

I would also add a further discussion of issues of race in Seattle policing. I know as a gray-haired white man that I will always be treated with deference by SPD, as that's been my experience in 40-some years in this city. I can drive for months with a license-plate light burned out and never be stopped by SPD.

I also know that my black male friends, and other minority males also, don't enjoy that same relationship. A burned-out light bulb is red meat to some officers when a person of color is driving, that can easily result in a traffic stop, a "license, registration, and insurance" check, a citation, a warrant check, and so forth.

I also know I could be stopped for investigation of robbery and not be stomped on and cursed at regarding my ethnic heritage (German, Scottish).

I also know that I could carry my 3" whittling knife and carving stick down the street and not be yelled at and shot dead by a SPD officer after four seconds' hesitation.

I'm eager for your follow-on piece, Kent.

Posted Tue, Feb 8, 12:37 p.m. Inappropriate

All good stuff. But as with all good ideas, they would require participation. My experiance with SPD, from the patrolman, to the sargeant, to the Mid level officers, to OPA, to Nick Licata and Tim Burgess: They just choose to intimidate and ignore me. Good luck though.

sonny

Posted Tue, Feb 8, 2:17 p.m. Inappropriate

If John T. Williams, who was simpy walking across the street minding his own business, was shot because "The cops have every reason to be on edge", I'm afraid that most of us need be concerned when walking Seattle streets.

Buster G.

busterg

Posted Tue, Feb 8, 3:04 p.m. Inappropriate

Very informative article on the specific structural problems interfering with good or fair policing. For the most part I agree with Kent's solutions. However, I'd reiterate that public outcry against the police is not simply the result of the John Williams incident, but also the Shandy Cobain incident and the perception (which I certainly believe is correct) is that behavior unbecoming of cops is not an issue of simply having a few sour apples, but rather is a systemic problem. In this regard, I feel that Kent’s solutions are somewhat insufficient.

The problem is not simply dealing with the excessive use of violence by officers in remotely (or very) dangerous situations, but the use of violence in completely safe situations (i.e. Shandy Cobain), and, more importantly, the cover up of these egregious acts by other officers and the department as a whole. In essence the problem is that officers aren't just too testy but that there is also a sect of police who have little to no sense of what appropriate, fair, or professional justice means. R on Beacon Hill's examples and initial police cover up of the Shandy incident are evidence of this point.

Although dealing with R on Beacon Hill's problems has no simple fix, making sure individual officers don't cover up for other officers bad behavior can be addressed through new rules. Beyond Kent's suggestions for increased independence for the groups that hold police accountable, individual accountability must be preached as an ideal and enforced through specific rules, such as video monitoring of police behavior and equal accountability for police offenders and bystanders. Only this sort of solution will address the full ramifications of officer accountability and should be considered on top of Kent's solutions dealing with police testiness in potentially violent unfamiliar situations and the accountability issues present in the John Williams case. Indeed, these solutions would be useless without Kent’s mechanisms for improving police accountability to the chief, the OPA, and the government.

Posted Tue, Feb 8, 4:36 p.m. Inappropriate

R on Beacon Hill makes the case for mandatory tinted windows on all Seattle vehicles. Hence, equal opportunity discretionary stops with unknown racial identity of driver. Liberal Seattle probably wants a police force with no white cops. Guess what? Minority 'community leaders' would still seek fault and blame of the SPD. The best remedies for all the 'unrest and turmoil' are to always patrol in pairs, to have scofflaws on the loose strongly urged to turn themselves in, and to have a 24/7/365 effort to truly clean up the city's streets, buses, housing projects, illegal worksites, illegal encampments, etc. Repeat offenders are a real drag on police morale.

animalal

Posted Tue, Feb 8, 9:23 p.m. Inappropriate

Re #4: The OPA has shared the power to determine guilt since established in 2001. Since 2007 the police chief must explain in writing in each case when he doesn’t follow the OPA Director’s recommendation. The police chief has never had the final say on discipline, because officers can either appeal to the Public Safety Civil Service Commission or grieve the disciplinary decision to an arbitrator under the labor contract. In recent years the commission – all civilians, and 2 of 3 appointed by the Mayor and City Council – has routinely undercut the chief’s disciplinary decisions. The commission is created by the state.

Re #3: State law gives the union the right to binding arbitration on its contract. This includes working conditions, which include disciplinary procedures. Perhaps you should make these recommendations to the governor or legislature?

And maybe next time a little fact checking would be in order?

Posted Wed, Feb 9, 12:46 a.m. Inappropriate

Re point 3:

Working conditions are normally part of a collective bargaining agreement. That is true for cops, clerks and truck drivers. How discipline is to be administered is also usually detailed in a labor agreement. It is a common practice to establish an appeal process. The makeup of the appeal board is usually spelled out in the agreement as well.

In private enterprise a board of adjustment is usually convened to hear the dispute. Both management and the union appoint individuals to serve on the temporary board convened soley to resolve the dispute. For public employees the situation is somewhat different. The Public Employment Relations Commission (PERC) board serves as the final arbiter of disputes for public employees of state and local government with the exception of commissioned law enforcement officers.

While city councils often "cave" to police guild or union wage demands, they often engage in hard bargaining over working conditions. If you doubt that, review the history of the City of Tacoma's bargaining with Police Local 6. Cities can successfully change even long-standing policies if they employ skillful negotiators and are willing to take their case to the public.

My spouse is a retired union negotiator who represented both private and public sector bargaining groups. I've proofread more bargaining agreements than I care to remember.

quiller

Posted Fri, Feb 11, 8 p.m. Inappropriate

Buster G, most of us do not need to worry about simply walking City streets, or driving City streets either. Williams was a Native American; most of us are not, nor are most of us guilty of the common crime of Driving While Black. One thing is fairly obvious from the highly-public episodes of misbehaving City cops: there is endemic racism within the SPD.

sarah90

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