CBO + SPD Evaluation of Issue ID Memos, via Mayor Jenny Durkan’s Office Background information on the City Council’s Issue ID memos: Important note about conducting layoffs in the middle of a fiscal year vs. conducting layoffs at the beginning of a fiscal year. If the department were to lay off officers in the middle of 2020, they would need to lay off more than they would need to if they conducted layoffs at the start of 2021 (and under the direction of the 2021 budget). That’s because other potential sources of savings have already been identified, or the annual budget has already been expended (e.g., OT, equipment, supplies). Additionally, some costs like facility leases and health care are fixed and cannot be reduced mid-year. For these reasons, the below layoff impacts are separated into 2020 and 2021. The Mayor has repeatedly made clear that she believes a discussion of transforming SPD is a worthy one, but it should take place regarding the 2021 budget. If you start at the beginning of a fiscal year, you have more options, and you can decrease the potential for layoffs by disinvesting in other areas. In addition, many of these areas have labor implications so budget reductions are not guaranteed. Please note: Executive branch analysis is in bold. Councilmember Herbold Issue ID 1. Cut appropriations in the Proposed 2020 Rebalance budget as follows: a. Cut $20.3 million that is identified for reduction as part of the Mayor’s Proposed 2020 Rebalance Budget. Mayor’s proposal – already done. Fiscal Impact Aug - Dec: $0 cut beyond Mayor’s proposed cuts. Layoffs required: N/A Bargaining: N/A b. Phased cut of the appropriations supporting the Collaborative Policing Bureau, including the Navigation Team Officers and School Resource Officers. Prioritize for reduction departmentwide those officers with highest number of complaints. The Collaborative Policing Bureau also houses the civilian Community Service Officers, civilian Mental Health Professionals, the sworn Crisis Intervention Team and the sworn Mounted Unit. The CSOs were added to SPD in 2019-20 to bridge the service gap on police calls for service that do not require a sworn police officer. The CSO program was launched after an extensive program development and community engagement process involving the Mayor’s Office, City Council, Office for Civil Rights, Department of Neighborhoods, Office of Immigrant and Refugee Affairs, Human Services Department, the Community Police Commission and a large number of community organizations (e.g. Seattle LGBTQ Commission, Seattle Indian Health Board, Friends of Little Saigon, El Centro de la Raza, Project NEON, Black Prisoners’ Caucus at Clallam Bay Corrections Center). In 2017-18, a hiring panel comprised of SPD representatives and a community representative hired 15 CSOs and supervisors. In 2020, SPD expanded and Council approved the number of contract, civilian MHPs who advise and respond to crisis incidents throughout the City. Cutting the Crisis Intervention Team would cut this successful co-responder program and would cut the program that researches and serves Extreme Risk Protection Orders (ERPO) which combat gun violence in Seattle. The Collaborative Policing Bureau has more experienced officers with more years of service and specialized training. Because of this and seniority rules for layoffs, this means that cutting funding will not lead to laying off these specific officers but a layoff of 52 officers currently assigned to patrol with higher layoff impacts in 2020. Fiscal Impact Aug - Dec: $5.5M if the entire Collaborative Policing Bureau is cut including CSOs, civilian contracted Mental Health Professionals, and sworn Crisis Intervention Team. If conducting layoffs in 2020: 120 FTE If conducting layoffs in 2021: 52 sworn FTEs and 36 civilian FTEs (includes 18 in the CSO unit) Bargaining: Likely c. Phased cut of the appropriations that support recruitment and retention activities, public relations activities and homeland security activities. Prioritize for reduction departmentwide those officers with highest number of misconduct complaints. Most of these costs are associated with personnel. The SPD’s budget for recruitment and retention activities was $1.2M and that funded 2.75 FTE. While the initiative was stopped, the funding currently supports 2.75 FTE that have been redirected to reopening and other projects. Some work was completed before we halted the initiative, and approximately $600,000 remains in this line item in 2020. The department’s public affairs unit answers media questions, in addition to publishing information on the department’s social media channels and website. On Homeland Security – it’s important to note that this function in no way relates to the federal agency. This is a unit of sworn officers who staff the Seattle Police Operations Center during large emergencies and coordinate staffing for citywide events such as festivals, fun runs and sporting events. Eliminating this unit will eliminate the analysis necessary to identify threats and appropriate security measures needed for these events. SPD is reimbursed for $5.7M/year of event costs which is General Fund revenue. Cutting this function would effectively cut this revenue from the General Fund. Furthermore, State law requires sworn officers to play a role in any traffic signal overrides. The Executive believes a deep analysis is necessary of special events and sporting events, including reimbursements of these events. The Mayor agrees the unit’s work should be clarified with a more appropriate title of work as well. Fiscal Impact Aug - Dec: $600,000 (RR) + $1.2M (HS) + $374,000 (PA) If conducting layoffs in 2020: 46 FTE If conducting layoffs in 2021: 15 sworn FTE and four civilian FTE Bargaining: Possible d. Phased cut of the appropriations that support overtime expenditures. The Mayor and SPD have already proposed reductions to SPD’s overtime in 2020, in addition, SPD As of July 7, 2020, SPD expended $21,921,109 on overtime, or 104 percent of its total overtime budget. There is no budget remaining. Fiscal Impact Aug - Dec: $0 cut Layoffs required: N/A, as there is no funding left to cut in 2020 Bargaining: N/A, as there is no funding left to cut in 2020 Total projected cuts from Councilmember Herbold’s Issue ID in 2020: $7.2M and 166 FTE 2. Replace the current 9-1-1 operations with a civilian-led system. The 911 Call Center is already almost entirely civilian (140 civilian FTE; 12 sworn FTE). The Executive branch has proposed moving the 911 Call Center out of the SPD in 2021. This proposal will likely need to be bargained and cannot be fully implemented until late 2020/early 2021. 3. Introduce a Council resolution that would direct the Chief to use her authority under PSPSC rules to make out-of-order lay-offs to preserve efficient operations of SPD by focusing lay-offs on officers with history of disciplinary issues. See attached background on PSCSC rules. In addition, a Council resolution is legally non-binding and has no legislative power. 4. Create a path to Fund $68 million; phased September through December. Need more information on budget, organization, and implementation plan. 5. Fund community-led alternatives to policing, including violence-interruption and prevention, restorative and transformative justice approaches to harm, including diversion. Need more information on budget, organization, and implementation plan. 6. Fund a fall 2020 community-led process with police-impacted communities to inform roadmap for reducing violence beyond policing. Already funded in the Mayor’s 2020 rebalancing proposal. $500,000 is currently proposed in the Department of Neighborhoods for this purpose. 7. Fund additional rent assistance for homeless people. Need more information on budget plan. Councilmember Morales Issue ID 1. Replace current 9-1-1 operations with a civilian-led system. Create an independent emergency operations system responsible for coordinating first responders, to move 911 dispatch out of police control. Additionally, City of Seattle will create a non-SPD controlled process for handling non-priority, non-life-threatening calls for assistance. Any 911 replacements should be truly civilian-controlled. For example, the CAHOOTS program in Eugene, while a marked improvement over Seattle’s current state of affairs, still relies on a police-controlled 911 dispatcher to refer callers to the community mental health workers. The City of Seattle should reorganize 911 so that civilian dispatchers can refer people in crisis to EMTs and social workers who are grounded in a harm-reduction model. The City must simultaneously commit to fully funding services and housing so that crisis workers can offer appropriate referrals. The 911 Call Center is already almost entirely civilian (140 civilian FTE; 12 sworn FTE). The Executive branch has proposed moving the 911 Call Center out of the SPD in 2021. This proposal will likely need to be bargained and cannot be fully implemented until late 2020/early 2021. 2. Cut appropriations in the Proposed 2020 Rebalance budget related to the functions below. If Officer layoffs are required, then the Department shall prioritize for reduction departmentwide those officers with highest number of misconduct complaints. a. End contracts with private firms to defend SPD and the City against police misconduct – Funding will be allocated to support the community organizations who will be scaling up, supporting youth outreach work plans, and supporting organizations to absorb violence prevention work. The funding will include capacity building support for organizations to apply and receive city funding. This would not result in budget savings from SPD. Any outside counsel retained for defending claims against SPD officers, or any other City employees for that matter, comes from the Judgment Claims Fund. Outside counsel is only retained when CAO lacks capacity, outside expertise is needed, or there is a conflict of interest. CAO cannot represent an employee or officer of the City if there is a conflict between that person while acting within the course and scope of their employment and the City itself (i.e. that employee may be subject to disciplinary review or may have been disciplined). CAO legally requires outside counsel assistance for this purpose. The City is required to indemnify officers, all employees, under SMC 4.24.010 if they within the course and scope of their employment. This requires the Chief to make a “course and scope” determination. 4.64.020 Evaluation of “course and scope” is also subject to state law course and scope jurisprudence. See e.g., Dickinson v. Edwards, 105 Wn.2d 457, 466 (1986); Greene v. St. Paul-Mercury Indemn. Co., 52 Wn.2d 569, 573 (1958); RESTATEMENT (THIRD) OF AGENCY § 7.07 (2006); and DeWolf and Allen, TORT LAW AND PRACTICE, § 4:6 (4th Ed. 2013). Fiscal Impact Aug – Dec: $0 for SPD Layoffs required: None Bargaining required: No b. Cut ties with Homeland Security–This will be coupled with immediate approval of funds towards urgent housing needs. This can come through a combination of emergency rent-assistance grants, and money towards additional public housing assistance through the Department of Housing. People currently unhoused should be prioritized for receipt of any assistance, with no barriers based on income, criminal records, record of addiction, etc. All options for using empty housing stock in the city should be used until any unhoused person who wants a place to live has one. On Homeland Security – it’s important to note that this function in no way relates to the federal agency. This is a unit of sworn officers who staff the Seattle Police Operations Center during large emergencies and coordinate staffing for citywide events such as festivals, fun runs and sporting events. Eliminating this unit will eliminate the analysis necessary to identify threats and appropriate security measures needed for these events. SPD is reimbursed for $5.7M/year of event costs which is General Fund revenue. Cutting this function would effectively cut this revenue from the General Fund. Furthermore, State law requires sworn officers to play a role in any traffic signal overrides. The Executive believes a deep analysis is necessary of special events and sporting events, including reimbursements of these events. The Mayor agrees the unit’s work should be clarified with a more appropriate title of work as well. If by “cut ties” the Councilmember means “cut” the unit, then: Fiscal Impact Aug – Dec: $1.2M (and additional fiscal impact caused by less revenue to the General Fund) If conducting layoffs in 2020: 40 FTE If conducting layoffs in 2021: 11 sworn FTE and two civilian FTE Bargaining: Possible c. Cut Recruitment and Retention Budget – Funding will be allocated to support the community organizations who will be scaling up, supporting youth outreach work plans, and supporting organizations to absorb violence prevention work. The funding will include capacitybuilding support for organizations to apply and receive city funding. Remove the Office of Collaborative Policing, including ending the Navigation Teams and ensuring via proviso that officers cannot in the future perform Navigation Team activities – This will be coupled with immediate approval of funds towards urgent housing needs. This can come through a combination of emergency rent-assistance grants, and money towards additional public housing assistance through the Department of Housing. People currently unhoused should be prioritized for receipt of any assistance, with no barriers based on income, criminal records, record of addiction, etc. All options for using empty housing stock in the city should be used until any unhoused person who wants a place to live has one. The SPD’s budget for recruitment and retention activities was $1.2M that funded 2.75 FTE. While the initiative was stopped, is a currently supports 2.75 FTE that have been redirected to reopening support and other projects. Some work was completed before the City halted the initiative, and approximately $600,000 remains in this line item in 2020. Fiscal Impact Aug – Dec: Roughly $600,000 Layoffs required: 2.75 FTE (no 2020/2021 difference in this scenario) Bargaining: No d. End SPD Overtime Pay and Institute a Freeze hiring, including cancelling this year’s planned hires to support scaling-up of community-led solutions –Fund groups who are already developing community-led alternatives to policing, including groups involved in violence-interruption and prevention, and restorative and transformative justice approaches to harm. Groups led by and based in communities that have suffered the bulk of police presence, surveillance, and violence, will be prioritized for these funds. Funds will also go towards incubating new projects and organizations in policeimpacted communities. These immediate investments will allow the groups to dramatically scale up their operations in preparation for future cuts to SPD’s budget and operations. To allow community groups to focus their efforts on their growth and development, the grants will be for general operating funds, with minimal bureaucratic requirements (for examples of low-requirement contracts: See city contract with POC-Sex Worker Organizing Project, for example of deliverables, see EPIC Giving Circle, where the deliverable was dispersing the funds). Organizations should not be required to end violence in Seattle in one funding cycle. A hiring freeze has been in place for SPD since April 2020. In addition, because of significant early hiring and recruitment gains during the first two quarters of 2020, and a 25 percent decrease in attrition, SPD’s hiring budget for 2020 is completely spent. The Mayor and SPD have already proposed reductions to SPD’s overtime in 2020 in the amount of $8.6M. As of July 7, 2020, SPD expended $21,921,109 on overtime, or 104 percent of its total overtime budget. There is no budget remaining. Fiscal Impact Aug - Dec: $0 cut Layoffs required: N/A, as there is no funding left to cut in 2020 Bargaining: N/A, as there is no funding left to cut in 2020 e. Cut SPD’s funding for Public Relations and transfer funds to OCR for a summer-fall 2020 community-led research process, with the goal of gathering ideas and proposals from police-impacted communities to inform a roadmap for reducing violence beyond policing – Policing and community safety are fundamentally racial justice issues, so a broad coalition of directly impacted people of color must take the lead in shaping the solutions to creating sustained community safety beyond saturated policing. Create a new community-led process to address this harm. Citywide dialogues about expanded notions of community safety will inform the roadmap City leaders need to move forward with further cuts to SPD’s budget. The funding from the City will allow people who are most directly impacted by police contact and surveillance to systematically produce their own solutions to guide the City’s next steps. Paying community members to be involved in this dialogue will offer income support to the communities most directly impacted by COVID-19 and the economic crisis. As city officials are paid to plan for public safety, community members should not be expected to come up with solutions on a volunteer basis. This community-led research process will transition into a 2021 Participatory Budgeting process for the Public Safety parts of the city budget. The department’s public affairs unit answers media questions, in addition to publishing information on the department’s social media channels and website. In addition, $500,000 is currently proposed for the Department of Neighborhoods for this purpose. Fiscal Impact Aug – Dec: $374,400 Layoffs required: Four sworn FTE and two civilian FTE (no 2020/2021 difference in this scenario) Bargaining: Possible f. Reduce patrol staffing to account for civilianization of many calls for service currently being responded to by patrol officers, with corresponding reduction in administrative staffing – Fund groups who are already developing community-led alternatives to policing, including groups involved in violence-interruption and prevention, and restorative and transformative justice approaches to harm. Groups led by and based in communities that have suffered the bulk of police presence, surveillance, and violence, will be prioritized for these funds. Funds will also go towards incubating new projects and organizations in police-impacted communities. These immediate investments will allow the groups to dramatically scale up their operations in preparation for future cuts to SPD’s budget and operations. To allow community groups to focus their efforts on their growth and development, the grants will be for general operating funds, with minimal bureaucratic requirements (for examples of low-requirement contracts: See city contract with POC-Sex Worker Organizing Project, for example of deliverables, see EPIC Giving Circle, where the deliverable was dispersing the funds). Organizations should not be required to end violence in Seattle in one funding cycle. Mayor Durkan has previously articulated that SPD is reviewing the 800,000 911 calls and 400,000 dispatch calls to determine other programs that need to be ramped up. Need more information on budget, organization, and implementation plan. Cannot determine fiscal, staffing, or labor implications without specific cut proposals for patrol staffing. Fiscal Impact Aug – Dec: Cannot yet project Layoffs required: Cannot yet project Bargaining: Cannot yet project g. Cut Travel and Training budget – Funding will be allocated to support the community organizations who will be scaling up, supporting youth outreach work plans, and supporting organizations to absorb violence prevention work. The funding will include capacity-building support for organizations to apply and receive city funding. The Mayor included a $596,000 cut to SPD’s travel and training budget in her 2020 rebalancing proposal. The remaining budget for August – December 2020 is $201,000. This funding is used for travel and required training and certifications. Some training is required under the Consent Decree. Fiscal Impact Aug – Dec: $201,000 Layoffs required: No Bargaining: No Total projected cuts from Councilmember Morales’s Issue ID in 2020: $2.4M and 48.75 FTE 3. Transfer the funding for DON’s Community process around public safety to OCR for a community-led participatory budgeting process. Deputy Mayor Ranganathan is working with a series of departments regarding the community engagement process. 4. Cap salaries of officers who receive misconduct complaints. This effort would require bargaining, which would prolong the process of implementing this in 2020. In addition, there may be constitutional due process issues involved. Further analysis is necessary before proceeding. CAO is evaluating the legality of this proposal. Councilmember Sawant Issue ID 1. Cut appropriations in the Proposed 2020 Rebalance budget as follows: a. Stop the Sweeps – Cut from the Proposed 2020 Rebalance Budget funding for the Navigation Team and shift to other council priorities such as homeless services. $1.08M of the remaining 2020 SPD budget for the Navigation Team pays for sworn officer salaries. Please note, cutting budget for the Nav Team would not necessarily lay off those specific officers because of PSCSC rules regarding layoff order. Those sworn officers would just no longer reside on the Navigation Team. Fiscal Impact Aug – Dec: $1.08M Layoffs required: 14 sworn FTE (no 2020/2021 difference in this scenario) Bargaining: No. b. Reduce General Fund Allocations to the SPD for Aug-December by approximately 50 percent ($85 million) distributed between the following budget summary levels: This cut is larger than the estimate SPD used to project 1,100 layoffs caused by an immediate 50 percent cut last week. You can read Chief Best’s previous memo here. Fiscal Impact Aug – Dec: $85M If conducting layoffs in 2020: More than 1,800 FTE, sworn and civilian, if the reductions below are in addition to the reductions presented in the Mayor’s rebalancing package. If the $85M includes the $20.4M already proposed, then the layoff number would be less (est. 1,429). Bargaining: Very likely Budget Line 2020 Adopted Budget Reductio n SPD-BO-SP-P1000 – Chief of Police SPD-BO-SP-P1200 – Office of Police Accountability SPD-BO-SP-P1600 – Leadership and Administration SPD-BO-SP-P1800 – Patrol Operations SPD-BO-SP-P2000 – Compliance and Professional Standards Bureau SPD-BO-SP-P3400 – Special Operations SPD-BO-SP-P4000 – Collaborative Policing (Not CSOs) SPD-BO-SP-P7000 – Criminal Investigations SPD-BO-SP-P8000 – Administrative Operations Totals $10,268,376 $2,139,00 0 $0 $4,693,942 Layoffs Required * 47 0 Bargain ing Very likely N/A $70,026,107 $14,589,0 00 321 Very likely $147,826,693 $30,979,0 00 $0 681 Very likely N/A $14,158,0 00 $2,736,00 0 311 $59,695,661 $12,437,0 00 274 Very likely $39,090,706 $8,144,00 0 179 Very likely $409,111,751 $85,000, 000 1,873 Very likely $4,610,702 $57,635,958 $13,131,820 0 60 Very likely Very likely *If conducting layoffs in 2020. Layoff estimates are based on reduction amount. Actual layoffs may not correspond to the bureaus as listed above. Total projected cuts from Councilmember Sawant’s Issue ID in 2020: $85M 2. Cap the salaries and overtime of employees of the Seattle Police Department at 150,000 per year. Wages are a mandatory subject of bargaining – this would require bargaining with both unions representing officers in SPD, and because of that, could not feasibly be implemented in 2020. 3. Place a proviso on the budgets of the CAO and the SPD as follows: “No funds may be used, directly or through contract, to support the prosecution of individuals for actions taken while participating in Justice for George Floyd protests, including but not limited to, collecting or transmitting evidence, providing testimony, and attorney time, except as required by court order. Funds may be used for the purposes of dropping charges, releasing arrestees, and clearing records Council cannot instruct SPD to disobey lawfully issued subpoenas by King County Superior Court or Seattle Municipal Court, but it also cannot command SPD to disregard their oath to uphold State and Federal law. CAO and KCPAO have both committed to nonprosecution of peaceful protestors. Further, there would not be a way to isolate “funds” spent on these items from the other duties of CAO and SPD employees. Councilmember Lewis Issue ID 1. Request the Executive to develop a plan to implement and scale a 911 response system modeled on Crisis Assistance Helping Out on the Streets (CAHOOTS). Request that the Executive emulate a community visioning processes shaping CAHOOTS adoption similar to the experience of Portland, Denver, and Oakland. Further request that Decriminalize Seattle, among other community stakeholders identified by the Council and Executive, be intimately included in the visioning process to develop this new system of 911 response. The Mayor had previously worked closely with Councilmember Bagshaw to create the successful model of Health One, which took approximately significant time to create, fund, operationalize, train, and deploy. Considering it is a similar model to send a social worker and firefighter, Mayor Durkan, Chief Best, and Chief Scoggins believe this model can best be expanded and deployed in Seattle more rapidly. She welcomes the same level of partnership that she received from Councilmember Bagshaw to articulate resources needed, staffing, models, and implementation. Health One responded to 203 incidents in the second quarter of 2020, with the most common cases being non-medical needs, weakness, alcohol use, behavioral or mentation issues, anxiety, and minor injury. The below map shows where the vast majority of Health One responses have been since its launch. In Seattle, SPD responded to 17,000 crisis calls. In addition, the Mayor supports the work of Seattle Police Department’s Crisis Response Team, which is comprised of specially trained officers, partnered with mental health professionals, to assist individuals in mental health crises. The Crisis Response Team was created from the Consent Decree (paragraph 130) and is mandated under the Consent Decree. In last year’s budget, the Mayor added resources for civilian mental health professionals at each precinct, recognizing the need for more civilians to serve individuals in crisis. The Mayor acknowledges the immense lack of resources to serve behavioral health and mental health needs, which has typically not been a City function. As we look to send the right person, we can and should also evaluate other community-based programs funded by the County that do crisis response. Finally, the Mayor’s 2020 rebalancing proposal includes $500,000 in the Department of Neighborhoods for the purpose Councilmember Lewis outlines above. 2. Create a new Department of Public Safety removing numerous civilian elements of SPD from the sworn chain of command. This includes, but is not limited to, traffic enforcement, 911 dispatch, and the community service officer program. The Executive and Chief has already outlined their preliminary actions to remove many civilian functions from SPD as part of the 2021 budget. Creating a new department will likely require significant investment and the Mayor does not support the creation of a new department in 2020 Total expected cuts from Councilmember Lewis’s proposal in 2020: $0 as the Councilmember did not propose any cuts.