Case 2:12-cv-01282-JLR Document 503 Filed 11/30/18 Page 1 of 4

THE HONORABLE JAMES L. ROBART

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8

UNITED STATES OF AMERICA,
9
Plaintiff,
10
v.
11
CITY OF SEATTLE,
12
Defendant.
13
14
15

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:12-cv-01282-JLR
CITY OF SEATTLE’S NOTICE OF
FINAL COLLECTIVE BARGAINING
AGREEMENT AND PROPOSED PATH
FORWARD FOR REVIEW

16
17

In accordance with the Court’s direction, the City previously agreed to present changes to the

18

City’s police accountability and review system to the Court for review.1 The City of Seattle hereby

19

notifies the Court that a final collective bargaining agreement (CBA) between the City and the

20

Seattle Police Officers Guild (SPOG) has been reached. The Seattle City Council enacted the

21
22
23

See, e.g., Aug. 26, 2015 Status Conference (Dkt. 229 at 6:3-15); Court’s August 26, 2015
Order (Dkt. 228); City’s May 10, 2016 Brief Regarding SPD Accountability Systems Review (Dkt.
289 at 2-3, 28-29); Court’s Aug. 9, 2016 Order (Dkt. 305 at 2-3).
1

CITY OF SEATTLE’S NOTICE OF FINAL COLLECTIVE
BARGAINING AGREEMENT AND PROPOSED PATH FORWARD
FOR REVIEW - 1
(12-CV-01282-JLR)

Peter S. Holmes
Seattle City Attorney
701 Fifth Avenue, Suite 2050
Seattle, WA 98104
(206) 684-8200

 Case 2:12-cv-01282-JLR Document 503 Filed 11/30/18 Page 2 of 4

1

agreement as Ordinance Number 125693 on November 13, 2018. Mayor Durkan signed the

2

collective bargaining agreement, making it final, on November 14, 2018. The Council also passed

3

companion Resolution Number 31855 (without executive concurrence) which expresses the

4

Council’s intention to seek this Court’s review of the CBA and asks that the Seattle City Attorney’s

5

Office seek review by the Court of specific provisions of the CBA.

6

At the November 5, 2018, status conference the Court expressed its intent to review the

7

tentative CBA once it had reached a stage “appropriate for federal court review.” Nov. 5, 2018

8

Status Conf. Trans. at 51:14-20. The agreement is now a final CBA and has reached a stage

9

appropriate for review.

10

In addition, now that the City has completed collective bargaining over the Accountability

11

Ordinance (Ordinance) with both affected unions,2 Court review of the Ordinance is timely. Because

12

provisions in the Ordinance were subject to collective bargaining, the Court, while issuing limited

13

rulings on aspects of the draft and final Ordinance, declined to undertake a complete review of the

14

Ordinance until the collective bargaining process was complete. Court’s Jan. 6, 2017 Order (Dkt.

15

357); Court’s Sept. 7, 2017 Order (Dkt. 413 at 3). Specifically, the Court determined that it would

16

“await the final version [of the Accountability Ordinance] that is ultimately implemented following

17

collective bargaining” before making a final ruling on the Ordinance. (Dkt. 413 at 3.)

18

The City respectfully proposes the following path forward for review. The City has already

19

initiated conversations with the Department of Justice and the Monitoring Team regarding how the

20

CBAs and the Ordinance impact the City’s police accountability and review system. In particular,

21

DOJ has requested additional information about a provision in the SPOG CBA concerning

22
23

2

The City completed bargaining with the Seattle Police Management Association (SPMA)
in November 2017. See Dkt. 425 (notifying Court of completed negotiations).
CITY OF SEATTLE’S NOTICE OF FINAL COLLECTIVE
BARGAINING AGREEMENT AND PROPOSED PATH FORWARD
FOR REVIEW - 2
(12-CV-01282-JLR)

Peter S. Holmes
Seattle City Attorney
701 Fifth Avenue, Suite 2050
Seattle, WA 98104
(206) 684-8200

 Case 2:12-cv-01282-JLR Document 503 Filed 11/30/18 Page 3 of 4

1

disciplinary appeals. The two CBAs and the Ordinance are complex documents, as are the Consent

2

Decree and this Court’s subsequent orders, and the City will continue to consult with the Department

3

of Justice and the Monitoring Team regarding the appropriate scope and focus of the analysis. After

4

initial meetings and discussions, which are well underway, have taken place, the City will be in a

5

position to propose a briefing schedule. Accordingly, the City plans to confer with the Department of

6

Justice and provide the Court with a proposed briefing schedule by no later than December 7.

7
8

DATED this 30th day of November, 2018.
For the CITY OF SEATTLE

9
10

PETER S. HOLMES
Seattle City Attorney

11
12
13
14
15

s/ Kerala T. Cowart
Kerala T. Cowart, WSBA #53649
Assistant City Attorney
Seattle City Attorney’s Office
701 Fifth Avenue, Suite 2050
Phone: (206) 733-9001
Fax: (206) 684-8284
Email: kerala.cowart@seattle.gov

16
17
18
19
20
21
22
23
CITY OF SEATTLE’S NOTICE OF FINAL COLLECTIVE
BARGAINING AGREEMENT AND PROPOSED PATH FORWARD
FOR REVIEW - 3
(12-CV-01282-JLR)

Peter S. Holmes
Seattle City Attorney
701 Fifth Avenue, Suite 2050
Seattle, WA 98104
(206) 684-8200

 Case 2:12-cv-01282-JLR Document 503 Filed 11/30/18 Page 4 of 4

CERTIFICATE OF SERVICE

1
2

I hereby certify that on November 30, 2018, I electronically filed the foregoing with the

3

Clerk of the Court using the CM/ECF system, which will send notification of such filing to the

4

following:

5

Annette L Hayes

Annette.Hayes@usdoj.gov

6

Christina Fogg

Christina.Fogg@usdoj.gov

Gregory Colin Narver

gregory.narver@seattle.gov

Kerry Jane Keefe

kerry.keefe@usdoj.gov

Peter Samuel Holmes

peter.holmes@seattle.gov

Jeff Murray

jeff.murray@usdoj.gov

Rebecca Boatright

rebecca.boatright@seattle.gov

10

Rebecca Shapiro Cohen

rebecca.cohen@usdoj.gov

11

Ronald R. Ward

Ron@wardsmithlaw.com

Timothy D. Mygatt

timothy.mygatt@usdoj.gov

Michael K. Ryan

michael.ryan@seattle.gov

Carlton Seu

carlton.seu@seattle.gov

Gary T. Smith

gary.smith@seattle.gov

Hillary H. McClure

hillarym@vjmlaw.com

Kristina M. Detwiler

kdetwiler@unionattorneysnw.com

7
8
9

12
13
14
15
16

DATED this 30th day of November, 2018, at Seattle, King County, Washington.

17

s/ Kerala T. Cowart
Kerala T. Cowart, WSBA #53649
Assistant City Attorney
E-mail: kerala.cowart@seattle.gov

18
19
20
21
22
23

CITY OF SEATTLE’S NOTICE OF FINAL COLLECTIVE
BARGAINING AGREEMENT AND PROPOSED PATH FORWARD
FOR REVIEW - 4
(12-CV-01282-JLR)

Peter S. Holmes
Seattle City Attorney
701 Fifth Avenue, Suite 2050
Seattle, WA 98104
(206) 684-8200