1 FILED THE HONORABLE JIM ROGERS 2020 SEP 11 02:15 PM KING COUNTY SUPERIOR COURT CLERK E-FILED CASE #: 20-2-13314-1 SEA 2 3 4 5 6 7 8 9 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING IN RE THE MATTER OF RECALL CHARGES AGAINST CITY OF SEATTLE COUNCILMEMBER KSHAMA SAWANT (SAWANT) No. 20-2-13314-1 SEA DECLARATION OF COUNSEL DMITRI IGLITZIN 10 11 I, Dmitri Iglitzin, declare and state as follows: 12 13 1. for Councilmember Kshama Sawant in this matter. 14 15 16 2. Attached as Exhibit A is a statement by Governor Jay Inslee dated May 30, 2020, reproduced from the Governor’s website, https://www.governor.wa.gov/news-media/insleestatement-saturday-protests as viewed September 9, 2020. In pertinent part, the Governor stated: 17 Everyone has the freedom - and the right - to demonstrate and speak their mind. However, violence and destruction have no place in Washington state or our country…. 18 19 I fully support the right to free speech and peaceful assembly. I applaud every Washingtonian standing for what they believe in, but we must do so in a way that allows space for these important and necessary discussions, not in a way that inspires fear. 20 21 3. 22 23 I am a partner at the firm of Barnard Iglitzin & Lavitt, LLP, and counsel of record June Attached as Exhibit B is an article that was published in The News Tribune on 1, 2020, containing a video 24 DECLARATION OF DMITRI IGLITZIN – Page 1 Case No. 20-2-13314-1 SEA viewed on its website, 1 https://www.thenewstribune.com/news/state/washington/article243175506.html, September 9, 2 2020, in which the Governor states, in pertinent part: 3 4 [Peaceful demonstration is] “enshrined in our Constitution; the ability to petition one’s government for redress of grievances is actually a constitutional right and we ought to respect that and understand it in that context.” 5 4. Attached as Exhibit C is an article that was published in the Seattle Times on 6 June 3, 2020, reproduced from its website, https://www.seattletimes.com/seattle-news/durkan- 7 promises-to-meet-with-seattle-protest-organizers-the-plan-has-to-come-from-communty-voices/, 8 reporting on Mayor Durkan addressing a BLM protest, as viewed September 9, 2020. 9 5. Attached as Exhibit D is an article that was published by KOMO News on June 10 2, 2020, reproduced from its website, https://komonews.com/news/local/mayor-durkan-city- 11 officials-speak-directly-with-thousands-of-protesters-for-first-time, as viewed September 9, 12 2020. 13 6. Attached as Exhibit E is an article that was published by The Urbanist on June 7, 14 2020, reproduced from its website, https://www.theurbanist.org/2020/06/07/council-stands-with- 15 protesters/, as viewed September 9, 2020, reporting on four council members, other than Sawant, 16 being present at a BLM protest. 17 7. In early 2019, complaints were leveled against Councilmember Kshama Sawant 18 with the Seattle Ethics and Elections Commission (SEEC). The complaints alleged that Sawant 19 misused her position on City Council to benefit Socialist Alternative, that she accepted gifts from 20 Socialist Alternative which were intended to influence her official actions, and that she both 21 violated the Public Records Act and disclosed confidential information. Sawant denied all three 22 sets of allegations and all were ultimately dismissed by the SEEC in March, 2019, on the basis 23 that they improperly applied the law or because they were not substantiated by sufficient 24 DECLARATION OF DMITRI IGLITZIN – Page 2 Case No. 20-2-13314-1 SEA 1 evidence. Speaking to the claim that Sawant misused her position by allegedly allowing Socialist 2 Alternative to influence hiring and firing decisions in her office, the Executive Director of the 3 SEEC, Wayne Barnett, stated the following in an official letter: “Fundamentally, I believe that 4 elected officials are free to structure their decision-making processes as they wish, subject to the 5 will of the voters every four years.” Attached as Exhibit F is an official letter by the Executive 6 Director of the Seattle Ethics and Elections Commission, Wayne Barnett, sent on March 26, 7 2019, discussing the SEEC’s reasoning for dismissing the complaints against Sawant. 8 9 8. 25.2, issued Attached as Exhibit G is Washington Governor Jay Inslee’s Proclamation 20April 27, 2020, reproduced from the Governor’s website, 10 https://www.governor.wa.gov/sites/default/files/proclamations/20- 11 25.2%20Coronovirus%20Stay%20Home%20Amend%20%28tmp%29%20%28with%20links%2 12 9.pdf, as viewed September 9, 2020. 13 9. Attached as Exhibit H is a letter by Seattle Police Department Monitor Merrick 14 Bobb titled, “Seattle Consent Decree 2013-2020”, viewed on September 9, 2020, at 15 https://www.documentcloud.org/documents/7204069-Clean-Final-Version-Bobb.html. 16 10. On March 19, 2020, Initiative Measure 130, An Act to Tax Big Businesses to 17 Fund Affordable Green Housing in the City of Seattle (the “Tax Amazon” ballot initiative), was 18 filed with the Seattle City Clerk. Attached as Exhibit I is information reproduced from the 19 Seattle City Clerk website, http://clerk.seattle.gov/search/clerk-files/321653, for Seattle City 20 Clerk File 321653, titled “Initiative Measure No. 130 relating to Tax on Corporate Payroll for 21 Affordable Green Housing,” as viewed September 9, 2020. 22 23 24 DECLARATION OF DMITRI IGLITZIN – Page 3 Case No. 20-2-13314-1 SEA 1 2 3 I declare under penalty of perjury under the laws of the state of Washington that the foregoing statements are true and correct. SIGNED at Seattle, Washington, this 11th day of September, 2020. 4 5 s/Dmitri Iglitzin Dmitri Iglitzin, WSBA No.17673 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DECLARATION OF DMITRI IGLITZIN – Page 4 Case No. 20-2-13314-1 SEA 1 2 3 4 5 6 7 8 DECLARATION OF SERVICE I, Jennifer Woodward, declare under penalty of perjury under the laws of the State of Washington, that on the date set forth below I served the foregoing document, in the manner noted, on the following parties: PARTY/COUNSEL DELIVERY INSTRUCTIONS Jennifer Atchison King County Prosecuting Attorney’s Office 900 King County Administration Building 500 4th Avenue Seattle, WA 98104 Jennifer.atchison@kingcounty.com Hand Delivery Certified Mail Facsimile E-mail U.S. Mail E-Service John McKay Chris Morley Jordan Harris 920 Fifth Avenue, suite 3300 Seattle, WA 98101 johnmckay@dwt.com chrismorley@dwt.com jordanharris@dwt.com Hand Delivery Certified Mail Facsimile E-mail U.S. Mail E-Service 9 10 11 12 13 14 15 16 DATED this 11th day of September, 2020, at Shoreline, Washington. 17 By: Jennifer Woodward, Paralegal 18 19 20 21 22 23 24 DECLARATION OF SERVICE – Page 5 Case No. 20-2-13314-1 SEA Exhibit A 9/9/2020 Inslee statement on Saturday protests Governor Jay Inslee Inslee statement on Saturday protests governor.wa.gov/news-media/inslee-statement-saturday-protests May 30, 2020 Story "As people gather today to protest the unjust death of George Floyd, I hope they do so peacefully and safely. Everyone has the freedom - and the right - to demonstrate and speak their mind. However, violence and destruction have no place in Washington state or our country. "Together, we grieve for the death of George Floyd, and many, many others. The events in Minnesota and across the nation the past few nights have been stunning and illustrate how inequity causes people to lose faith in their public institutions. "The trauma inflicted on generations of people of color must be acknowledged, and more must be done to correct it. Feeling second-class in one’s own community does not make people feel safe. Insecurity hardens into anger. "I fully support the right to free speech and peaceful assembly. I applaud every Washingtonian standing for what they believe in, but we must do so in a way that allows space for these important and necessary discussions, not in a way that inspires fear. "If you choose to protest today, please be safe and peaceful. These are important issues that deserve our full attention, without distraction from violence and destruction. Without solutions to inequity, the long road to justice will run even longer." Media Contact Public and constituent inquiries 360.902.4111 Press inquiries 360.902.4136 https://www.governor.wa.gov/news-media/inslee-statement-saturday-protests 1/1 Exhibit B “We can’t allow violence to hijack peaceful protest,” Gov. Inslee says thenewstribune.com/news/state/washington/article243175506.html By James Drew 'We can’t allow violence to hijack peaceful protest,' says Inslee As demonstrations against the death of George Floyd have spread across the country, including to Washington state, Gov. Jay Inslee said “we can’t allow violence to hijack peaceful protest.” By TVW Photo by Dean Rutz/The Seattle Times via AP Olympia As demonstrations against the death of George Floyd have spread across the country including to Washington state, Gov. Jay Inslee vowed “we can’t allow violence to hijack peaceful protest.” Those who have committed violent acts during the demonstrations in Seattle and other cities “need to be criminally prosecuted as appropriate and they will be,” the governor said at a press conference. “We will not allow that to obscure the justice of the underlying protest; the peaceful protesters’ efforts to challenge all of us to raise our eyes on the prize to have a more just society.” Inslee said peaceful demonstration is “enshrined in our Constitution; the ability to petition one’s government for redress of grievances is actually a constitutional right and we ought to respect that and understand it in that context.” Floyd, a black man, died after a white Minneapolis police officer held his knee on Floyd’s neck for several minutes and ignored his cries that he couldn’t breathe. The death, captured by a bystander on video, ignited protests in Minneapolis that have spread across the country including to Tacoma and Olympia. Inslee became emotional after he read a quote from Robert F. Kennedy on the day in 1968 when Martin Luther King was assassinated. The governor paused for several moments. “My dad cried that night and so did I,” he said. The governor’s press conference was held hours after President Donald Trump used a conference call to urge governors to use force against unruly protesters. “You have to dominate, if you don’t dominate, you’re wasting your time,” Trump said, according to an audio recording obtained by the media. “They’re going to run over you. You’re going to look like a bunch of jerks.” 1/3 At several points during the call, Trump told governors to get tougher and to use the National Guard if protesters began to damage property or loot stores. He said those arrested at the protests should serve 10-year prison sentences. “But you gotta arrest people, you have to try people, you have to put them in jail for 10 years, then you’ll never see this stuff again,” he said. “And you have to let them know that.” In response to a reporter’s question, Inslee, who took part in the call, said governors were shocked by Trump’s comments. “They are more like rants of a very insecure man than a person asking us to find the better angels of our nature. I think the most helpful thing the President could do at this point is to enjoy silence and let governors do the great work and very tough work that they’re doing,” he said. Inslee on Saturday activated up to 200 members of the Washington National Guard, in response to a request from the city of Seattle, to help protect against property damage and manage crowds and traffic during downtown protests. Guard personnel were unarmed and worked under the direction of the city administration. In his letter to the state’s adjutant general, the governor referred to violence Friday night in Seattle. “As you know, last night the City of Seattle experienced crowds of people (including what were reported to be masked anarchists)…This protest included acts of violence and damage, resulting in arrests on charges ranging from property damage, assault of a Seattle police officer, failure to disperse, and obstructing arrest.” On Sunday, Inslee activated 200 more guardsmen, responding to a request from King County to help Bellevue respond to looting, protect against property damage, and manage crowds and traffic. Later Sunday, Inslee ordered a statewide activation. That raised the total to 600 Guardsman. Spokane County requested assistance after what was described as a “rogue group” began looting and damaging downtown property. Reached for comment about Inslee’s comments on the demonstrations, Eatonville school board member Matt Marshall said he agreed with the governor. “Just about everybody can universally say that what happened to George Floyd is tragic. We need to make sure incidents like that, that seem to disproportionately affect the black community, don’t happen anymore. I support these protesters that are out there right now. 2/3 They have a constitutional right to be out there protesting. I think it’s fantastic to have peaceful protesters,” said Marshall, who is founder and leader of The Three Percent of Washington. 3/3 Exhibit C Durkan promises to meet with Seattle protest organizers: ‘The plan has to come from community voices’ seattletimes.com/seattle-news/durkan-promises-to-meet-with-seattle-protest-organizers-the-plan-has-to-come-fromcommunty-voices June 3, 2020 After four consecutive days of protests in Seattle, Seattle Mayor Jenny Durkan promised a crowd of thousands of demonstrators Tuesday afternoon that she would meet with their organizers the following day to start creating a plan for addressing police accountability and racial justice. The impromptu meeting was a key moment after days of tension, and the first indication of a tangible step, beyond voicing sympathy, that Durkan and her administration were willing to take to address protesters’ calls for action. Still, there were limits to what she agreed to. When asked if she could promise that there would be “no gas” from police as protesters continued their marches for a fifth night, Durkan demurred, saying she wasn’t going to “make a promise I can’t keep.” The city indicated it doesn’t expect the protests over the death of George Floyd , a Black 1/4 man killed by a white police officer in Minnesota, to subside soon: Officials announced Tuesday that Seattle’s overnight curfew would continue through Saturday morning, between 9 p.m. and 5 a.m. each night. Thousands were back out on the streets, marching in downtown and in Capitol Hill at Cal Anderson Park. Tuesday’s protests were peaceful until a little before midnight. At around 11:45 p.m., after the crowd had dwindled, police used tear gas and flash-bang devices against protesters at 11th Avenue and Pine Street near the Seattle Police Department’s East Precinct. As police advanced down Pine, people could be seen nearby coughing, spitting and running away. At about 12:15 am, officers issued a three-minute dispersal order and continued to deploy flash-bang grenades. Hours earlier, Durkan addressed the crowd from the steps of the city’s Emergency Operations Center at Fifth Avenue South and South Washington Street. David Lewis, an organizer who has helped lead protests for the past several days, asked Durkan what her immediate steps were to develop a proposal for “significant and immediate police reform.” “The chief and I and others will work on a plan, but the plan has to come from community voices,” Durkan said to the group. She added that the first step is to set up a process that brings individual leaders out to discuss specific and concrete objectives. “That is going to be a process of honesty and healing, it will bring out anger and disillusionment, there will be disagreement and agreement … It will only be successful if we can find some mutual love and common humanity,” she said. “I know that has to be earned. That kind of trust isn’t here today, or you wouldn’t be in the streets marching.” Lewis said that while he appreciated her words, he and others wanted to see a timeline. “What are you doing tomorrow?” Durkan responded, offering to meet outside the city’s Office of Emergency Management at 3 p.m. Wednesday. Seattle Police Chief Carmen Best, who joined Durkan, told the crowd that she’s listening to their voices. “I stand with you,” Best said. “I really stand with you. I understand the hurt and the anger that everyone feels, especially after the death of George Floyd … As a Black woman, I feel the same pain you feel and just because I wear the uniform, that doesn’t change that.” Durkan also addressed the black mourning stripe that covers police officers’ badge numbers, which sparked controversy over the weekend among protesters calling for more law enforcement accountability. 2/4 “The reason officers do that is to recognize fallen officers,” she said. She quickly added: “We are going to make a change … We are going to find a way that a badge number can be shown every time.” William Parham, a 35-year-old Seattle resident who has been out protesting every night except Sunday, said he thought Durkan should have addressed demonstrators earlier. “She’s trying to save face at this point,” he said, “So, it’s cool that she came out and I appreciate that she came out, I just don’t appreciate the dog-and-pony show and the kiddie court that they just brought out.” Isabel Warren, a 31-year-old Renton resident who works as a nurse at Swedish, was passing out masks to the crowd. She said Durkan’s openness to communicating with the community is a “great first step.” “But I think what everybody is really waiting for is more concrete plans and actions on her part. We want to know, step by step, how she’s going to heal our community and bridge the gap between people of color and the police force.” In a Tuesday afternoon news conference after speaking to the protesters, Durkan and Best said they’d seen widely shared videos of a moment Monday night when police officers on Capitol Hill began shooting pepper spray, flash-bang grenades and tear gas at protesters crowded against a police barricade. The demonstrators had for hours been peaceful and videos showed the officers react to a tug of war with a protester over a pink umbrella. Durkan expressed concern about how quickly the situation had escalated, while Best mentioned that officers were injured by projectiles thrown from the crowd. Both promised the incident, declared a riot by the police department, would be investigated for misconduct by the department’s civilian-led watchdog office and reviewed for policy purposes by its civilian inspector general. Neither rendered judgment on what happened, including whether officers complied with requirements to issue dispersal orders. At Cal Anderson Park on Tuesday, many appeared determined to show their protest was anything but a “riot.” At 5 p.m., nearly all the protesters kneeled in front of police and National Guard members in fatigues, who barricaded Pine Street less than a block away from the Seattle Police Department’s East Precinct. Most of the crowd was very young, but two longtime friends in their 70s, Margaret McMillan and Christopher Gee, stood near the front wearing surgical masks. 3/4 Gee, a Seattle resident who protested during the civil rights movement of the ’60s, said President Donald Trump’s comments about using the military drew her out. She feels the country is in danger of backsliding to the pre-civil-rights era. “It’s very scary to me,” Gee said. “The systemic racism I naively thought was going away.” McMillan, a Bellevue resident who helped clean up Bellevue Square after looting on Sunday, said she was disappointed more people her age weren’t at the protest. “I understand it’s dangerous with COVID,” she said, noting almost every protester around her was wearing a mask, “but it’s our generations that caused a lot of this.” “I think we didn’t do enough,” Gee added. “We gave up,” McMillan said. In an earlier version of this article, a quote by demonstrator William Parham contained an incorrect word. Elise Takahama: 206-464-2241 or etakahama@seattletimes.com; on Twitter: @elisetakahama. Daniel Beekman: 206-464-2164 or dbeekman@seattletimes.com; on Twitter: @dbeekman. Seattle Times staff reporter Daniel Beekman covers Seattle city government and local politics. Scott Greenstone: sgreenstone@seattletimes.com; on Twitter: @evergreenstone. Paul Roberts: proberts@seattletimes.com; on Twitter: @Pauledroberts. 4/4 Exhibit D Mayor Durkan, city officials speak directly with thousands of protesters for first time komonews.com/news/local/mayor-durkan-city-officials-speak-directly-with-thousands-of-protesters-for-first-time by Tammy Mutasa, KOMO News Reporter Tuesday, June 2nd 2020 Seattle Mayor Jenny Durkan and Police Chief Carmen Best spoke directly Tuesday to the protesters for the first time. The meeting was brokered by the grassroots organizers of the demonstration one day after tensions flared and police declared a riot. It was an extraordinary and inspiring moment in Seattle. Durkan and city leaders had a dialogue with thousands of protesters who marched right to the Seattle Emergency Operations Center, demanding attention. Protestors got the mayor's attention, calling for justice and reform in the police department. “We will continue to listen and we know you will continue to push us and that is your job," Durkan said. “I’m here to tell you I stand with you. I really stand with you,” Best said to the crowd. “I understand the hurt and the anger that everyone feels especially after the death of George Floyd.” That understanding—led the mayor and protesters to broker a meeting—coming up with a plan for real change starting Wednesday. The mayor addressed the concerns from the public that officers were covering their badge numbers to hide their identities. She explained the bands were used to honor fallen officers. “Chief Best and I have discussed it and we will change the policy at the Seattle Police Department so officers can wear mourning badges, but there is a way that at badge number is always displayed,” Durkan said. 1/2 She said the department's body camera policy, which doesn’t allow officers to recording lawful demonstrations, will be reviewed. In the meantime, city leaders say the Office of Police Accountability will review video from the protests that turned violent on Capitol Hill Monday night—and how SPD handled those protests. “Our city and our country are aching, and we are at a tipping point. Something has to change, and we need to heal,” Best. The meeting is scheduled to start at 3 p.m. Wednesday. 2/2 Exhibit E Council Stands with Protesters as Police Turn Violent Again in Day 9 theurbanist.org/2020/06/07/council-stands-with-protesters June 7, 2020 Doug Trumm June 7, 2020 Police again deployed chemical weapons and flash bang grenades on nonviolent protesters Saturday night, but by midnight four Seattle City Councilmembers were standing at the East Precinct barricades using their bodies and voices to de-escalate police. A petition calling for Mayor Jenny Durkan to resign or face removal by the Seattle City Council gained more than 7,000 signatures in just a few days. Councilmember Kshama Sawant (District 3) added her name to the list with a statement issued at noon. From the barricades Saturday night, Councilmember Teresa Mosqueda (District 8, at-large) hinted that much of the Seattle City Council may join that call on Monday. “We have a list of demands [Mayor Durkan] has not met, including her commitment to not use tear gas,” Mosqueda said. “So, these demands haven’t been met. I don’t see another way. We are going to have to make a statement on Monday.” #BREAKING Seattle City Councilmember @CMTMosqueda : “We have a list of demands and (Mayor Durkan) has not met them. I don’t see another way. We are going to have to make a statement on Monday.” pic.twitter.com/8HAjfZOC3e — ☂️ Joey Wieser ☂️ (@itsjosephryan) June 7, 2020 After getting upset protesters were touching their barricade, police used chemical agents that one commentator took to calling I Can’t Believe It’s Not Tear Gas for the remarkably similar effects on the human body. Police mounted a forward assault in full riot gear to push back unarmed protesters (video here). At this point, Omari Salisbury–a journalist and affordable housing advocate with Africatown who has been streaming protests all week–issued a call to elected officials to show up at the protest to prevent further violence. King County Councilmember Girmay Zahilay (who represents Southeast Seattle and King County in District 2) was the first to answer the call, but more came including Rep. Nicole Macri (D-Seattle) of the 43rd Legislative District and State Senator Joe Nguyen (D-White Center) of the 34th. “They need to de-escalate the situation. Everybody here on this side is peaceful,” 1/6 Councilmember Mosqueda said. “Do not use any tear gas. Do not use any flash bangs. Do not use pepper spray. Do you use any strategies that are going to cause harm to the protesters or the neighborhood. We’ve heard testimony of babies foaming at the mouth in these apartments… because of being gassed. This is our other public health pandemic right now.” With the help of friendly pro-police news sources like Fox Q13, Seattle Police Department attempted to create a narrative (seemingly from thin air) that police officers had been struck with an attempted “improvised explosives.” It appeared to a few candles, and more credible news source did not spread this rumor. Cops seeking retribution on protesters If spreading inflammatory misinformation wasn’t enough, the police apparently are making revenge arrests of protesters, including of the man who filmed the police officer macing a nine-year-old to the colossal embarrassment of the Seattle Police Department (SPD). It's confirmed. Seattle Police just arrested the man who filmed them macing a little girl last week. I don't believe in coincidences. They are targeting protesters, this is the second in 24 hours. Huge shows of force both times. I would be lying if I said I wasn't terrified. pic.twitter.com/yaFfp3pXQE — Spek (@spekulation) June 7, 2020 Police also pulled a mother who supposedly assaulted a police officer from her car while her child watched, while making the claim “you assaulted me” at a protest (video here). With actions like these, it’s hard to tell the difference between the police and a mafia protection racket issuing beat-downs to keep clients in line and punish snitches. Council coalesces around defunding SPD, pressuring Mayor Councilmembers Andrew Lewis (District 7), Dan Strauss (District 6), and Lisa Herbold (District 1) stood with their colleague at the barricade. Councilmember Tammy Morales (District 2) issued unequivocal support, but was out of town. Likewise, Council President M. Lorena González (District 9, at-large) said she could not physically attend for health reasons, but had staff members there and pledged her support. After standing with Mosqueda and protesters on Saturday, it seems likely they’ll back Mosqueda’s action in council on Monday. Large protests also happened in West Seattle and Magnuson Park/Laurelhurst on Saturday as “Defund The Police” protests continue building steam statewide and nationwide. Councilmember Debora Juarez (District 5) is immune-compromised and at high-risk of 2/6 Covid-19 so has not been attending protests. As an ardent supporter of building a lavish new North Precinct building, she has been a strong police ally in the past. It’s less clear now. (The hope she had of building a $160 million police “bunker” in North Seattle is likely gone, though.) Alex Pedersen fires Black staffer And then there’s Councilmember Alex Pedersen (District 4). Pedersen fired his only Black staffer this week whom he made sign a non-disclosure agreement (NDA), Erica C. Barnett reported. 3/6 Seattle City Councilmember Alex Pedersen held a homemade sign in a three-hole punch binder sleeve. (Courtesy of Councilmember Pedersen / City of Seattle) 4/6 Another Pedersen staffer, Alexa Halling, resigned in protest, highlighting the issue of Although accountability was one his main campaign promises, Pedersen shielded himself from accountability by making staffers sign NDAs and he’s also been slow to criticize SPD, shielding them as well. Pedersen also ran on fiscal austerity and has suggested a 10% cut across the board to the general fund to deal with the Covid recession budget hit, but seemed intent on sparing SPD. His fiscal austerity appears aimed at social programs not the police state. We could issue over 6,800 housing vouchers to households in need. — The Urbanist (@UrbanistOrg) June 7, 2020 Black Lives Matter Seattle-King County meanwhile is asking for a $100 million cut to SPD’s budget and Covid Mutual Aid and several allied groups have called for a 50% cut to the bloated $400 million police budget. The money would be reinvested in communitybased solutions like crisis intervention, health care, and social housing It’s hard to count on Alex Pedersen’s vote on police accountability or defunding, but they don’t need it. The Seattle City Charter requires only takes six councilmembers to impeach a Mayor and they may well have the votes. Those arrested at the protests must be released immediately Mayor Durkan must resign. If she refuses to, I will bring articles of impeachment forward. Tomorrow, I'm bringing legislation to ban all chemical weapons, "crowd control devices" & chokeholds#DefundPolice#TaxAmazon — Kshama Sawant (@cmkshama) June 7, 2020 What happens if Mayor Durkan is impeached? If the six or more Seattle City Councilmembers vote to remove Mayor Durkan through impeachment proceedings, we’d find ourselves in a similar position as April 2017 when Mayor Murray resigned. Council President González would have the opportunity to assume Mayor duties and the rest of the council would then vote on a temporary fill-in for her council seat and elect a new Council President. What does it take to remove a Seattle Mayor? Six votes from @SeattleCouncil. Mayor would get at least five days to prepare her defense. See Section 10 of Article 5 in the City Charter: https://t.co/AR3eeVjsQr pic.twitter.com/XE1TIG3Lcr — The Urbanist (@UrbanistOrg) June 8, 2020 5/6 González could also pass on becoming temporary Mayor and the council could elect one of their members Mayor. That’s what happened when then-Council President Bruce Harrell passed and the council elected Tim Burgess interim Mayor . Councilmember Mosqueda was exhibiting clear leadership last night and some have suggested she’d be the right fit. This is getting ahead of ourselves. Still, Mayor Durkan being in early retirement and somebody like Shaun Scott being on council to replace the Councilmember who becomes interim Mayor seemed like a pipe dream a week ago, but it seems a very real possibility right now. The featured image is courtesy of Councilmember Teresa Moqueda and was tweeted out last night. Advertisement 6/6 Exhibit F Exhibit G PROCLAMATION BY THE GOVERNOR AMENDING PROCLAMATIONS 20-05, 20-25 AND 20-25.1 20-25.2 ADJUSTING STAY HOME – STAY HEALTHY TO MAY 4, 2020 WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of Emergency for all counties throughout the state of Washington as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person spread of COVID-19 in Washington State; and WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant progression in Washington State, and the high risk it poses to our most vulnerable populations, I have subsequently issued amendatory Proclamations 20-06 through 20-52, exercising my emergency powers under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified laws and regulations, including issuance of Proclamation 20-25,and 20-25.1 (Stay Home – Stay Healthy), prohibiting all people in Washington State from leaving their homes or participating in gatherings of any kind regardless of the number of participants, and all non-essential businesses in Washington State from conducting business, within the limitations therein; and WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person to person which may result in serious illness or death and has been classified by the World Health Organization as a worldwide pandemic, has broadly spread throughout Washington State and is a significant health risk to all of our people, especially members of our most vulnerable populations; and WHEREAS, while there are currently at least 13,521 cases of COVID-19 in Washington State with 749 associated deaths, current models predict that we have started to slow its spread throughout the State; and WHEREAS, Washington State is known for a high level of outdoor recreation on its many trails, parks, lakes, beaches and other outdoor recreational areas, and outdoor recreation is a fundamental part of maintaining physical, emotional and mental health, particularly in a time of great stress; WHEREAS, these conditions now permit adjustment of some of the prohibitions in Proclamation 20-25 and 20-25.1 to allow for some recreational activities and related employment, while continuing to protect the health and safety of all Washingtonians by retaining the remainder of the prohibitions imposed in Proclamations 20-25 and 20-25.1; and WHEREAS, the worldwide COVID-19 pandemic and its progression in Washington State continues to threaten the life and health of our people as well as the economy of Washington State, and remains a public disaster affecting life, health, property or the public peace; and WHEREAS, the Washington State Department of Health continues to maintain a Public Health Incident Management Team in coordination with the State Emergency Operations Center and other supporting state agencies to manage the public health aspects of the incident; and WHEREAS, the Washington State Military Department Emergency Management Division, through the State Emergency Operations Center, continues coordinating resources across state government to support the Department of Health and local health officials in alleviating the impacts to people, property, and infrastructure, and continues coordinating with the Department of Health in assessing the impacts and long-term effects of the incident on Washington State and its people. NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of the abovenoted situation, and under RCW 38.08, 38.52 and 43.06, do hereby proclaim and order that a State of Emergency continues to exist in all counties of the state, that Proclamation 20-05 and all amendments thereto remain in effect as otherwise amended, and that, to help preserve and maintain life, health, property or the public peace pursuant to RCW 43.06.220(1)(h), Proclamations 20-25 and 20-25.1 (Stay Home – Stay Healthy) are amended to extend all of their provisions, except those specifically listed below and as specifically allowed in the requirements available here, and each expiration date therein, to May 4, 2020: As of April 27, 2020, in order to prepare for re-opening on May 5, 2020, all employees necessary to operate and maintain day-use activity and trails, including those in state parks and state public lands, state hunting and fishing operations, golf operations, and day-use activities and trails in other public parks and public lands are authorized to return to work; and As of May 5, 2020, the following outdoor recreational activities, when and where permitted, are authorized to commence so long as participants fully comply with the social distancing and coronavirus related hygiene requirements found here, such as:     Recreational hunting, fishing, and boating Outdoor exercise, including hiking, running, walking and biking Golfing Day-use activities at public parks and public lands All other provisions of Proclamation 20-25 and 20-25.1 shall remain in full force and effect. ADDITIONALLY, except as exempted above, I continue to prohibit all other public and private gatherings and multi-person activities for social, spiritual and recreational purposes, regardless of the number of people involved. Such activity includes, but is not limited to, community, civic, public, leisure, faith-based, or sporting events; parades; concerts; festivals; conventions; fundraisers; team sports activities, and similar activities that involve a gathering of people other than a household unit. This prohibition continues to apply to planned wedding and funeral events. I again direct that the plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented throughout state government. State agencies and departments are directed to continue utilizing state resources and doing everything reasonably possible to support implementation of the Washington State Comprehensive Emergency Management Plan and to assist affected political subdivisions in an effort to respond to and recover from the COVID-19 pandemic. I continue to order into active state service the organized militia of Washington State to include the National Guard and the State Guard, or such part thereof as may be necessary in the opinion of the Adjutant General to address the circumstances described above, to perform such duties as directed by competent authority of the Washington State Military Department in addressing the outbreak. Additionally, I continue to direct the Department of Health, the Washington State Military Department Emergency Management Division, and other agencies to identify and provide appropriate personnel for conducting necessary and ongoing incident related assessments. Violators of this of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5). Further, if people fail to comply with the required social distancing and coronavirus hygiene practices while engaging in outdoor recreation, or if the numbers of COVID-19 cases increase, I may be forced to reinstate the prohibition of recreational activities. Signed and sealed with the official seal of the state of Washington on this 27th day of April, A.D., Two Thousand and Twenty at Olympia, Washington. By: /s/ Jay Inslee, Governor BY THE GOVERNOR: /s/ Secretary of State Exhibit H SEATTLE CONSENT DECREE 2013-2020 For more than seven years, the Monitoring Team and I, as Monitor, worked with District Court Judge James Robart to oversee implementation of the consent decree and to help the Seattle Police Department (SPD) achieve full and effective compliance. This Monitor and Monitoring Team’s job thus is done. Because I am no longer Monitor, I can now speak my mind more freely. 1 Let me then first speak soberly about the recent demonstrations and protests. SPD’s performance left many observers disappointed and crestfallen, if not disturbed profoundly by what looked like multiple instances of excessive force, as if lessons learned and techniques trained under the consent decree were lost, or, at least, set aside. It is thus the right time for a new team and new monitor to help the SPD rebuild itself, return to full, effective, and sustained compliance, and move forward, perhaps in new directions, preferably under a new, well-experienced, and progressive outside Chief. I move forward from being the Monitor with appreciation for the Monitoring Team and the contributions it made to the reform of the Seattle Police Department and the city of Seattle. The Monitoring Team should take pride in the scale and depth of reform. This Team went farther in a shorter time to reach the most thoroughgoing reform that has been possible under any of the prior consent decrees to date. Yet as much credit as we would like to take, we must also acknowledge a human tendency to look upon one’s own successes myopically. So this Monitoring Team (“Team”) must take care not lose sight that the major component of success was the SPD itself which did most of the hard work to turn itself around. SPD deserves the victor’s laurels, and, 1 I write this document solely to reflect my own opinions. I no longer speak as monitor, and nothing I say should imply Judge Robart’s agreeing or disagreeing with me. 2 after recovery from events of the last months, will rightly deserve those laurels again. I was appointed Monitor on April 26, 2013. As I look back on the last seven years, I recall how difficult and frustrating the first two years turned out to be. Indeed, it is notable that the Team achieved reform within five years from then, given the intensity of the opposition the Team faced during the first two. We had a hostile mayor and an angry, resentful police department run tightly by a small coterie of men who had worked together for years to thwart reform. Rank-and-file as well as executives looked with disdain on the US Department of Justice (DOJ), refusing to acknowledge a pattern or practice of excessive force and the possibility of biased policing. Police beatings and shootings, exemplified by the killing of woodcarver John T. Williams (the tenth anniversary of whose death was August 30), led to the community as a whole, represented by more than 20 civil rights and civil liberties organizations, to write for redress to US Attorney Jenny Durkan, who in turn called upon the Civil Rights Division of DOJ to intervene. Without an advocate like Jenny Durkan, the chain of events leading to the consent decree and ultimate reform of the police department might not have occurred, and we gladly extend to her our ongoing appreciation. We also recognize and appreciate the contributions of her staff, including her successor, Annette Hayes, and Kerry Keefe, Mike Diaz, and Christina Fogg. When I was nominated as Monitor, I was immediately seen as a threat and was strongly opposed by the Mayor, the SPD, as well as by the police officers’ union. Led by Tim Burgess,2 Sally Clark, Nick Licata, Bruce Harrell, and others, the City Council, by an eight to one vote, nonetheless approved my selection on behalf of the City and, with the Tim Burgess is always the adult in the room. He is s a wise counselor and mentor, an able mediator, a farseeing prognosticator, and the indispensable man in any public role. 2 3 strong backing of City Attorney Pete Holmes3 and DOJ,4 I was nominated and ultimately selected by Judge Robart as Monitor. For a while, I was watched by the Administration hoping to find something to make me look bad, but those efforts soon stopped.5 Use of force policy. The strong Monitoring Team was not cowed by the cold SPD reception, and the first major achievement of the reform process, a new use of force policy that comported with the requirements of the consent decree, came about with the technical assistance and drafting skills of the Team. That use of force policy opened new ground that has become common as time has gone on—the policy recognized that the most important job of the police is preserving the sanctity of life, that force needs to be objectively reasonable, necessary, 6iand proportional The City throughout has been represented extraordinarily well by its able and honorable City Attorney, Pete Holmes, a man of conviction and compassion, and the admirable temperament to remain steady and capable in the face of conflicting demands. He has served Seattle with distinction. 3 The staff of the Special Litigation Section of the Civil Rights Division— among whom were Steve Rosenbaum, Jonathan Smith, Tim Mygatt, Michelle Leung, Emily Gunston, Sharon Brett, Puneet Cheema, and Jeff Murray— advocated in Seattle in the most honorable tradition of great civil rights lawyers. 4 Steve Rosenbaum, who has led that section on and off for most of the past years, has an indelible record of excellence and fortitude in defense of the rights of all people living in America to be free of police brutality and racial injustice. He has protected the mentally ill and disabled. He has brought to account the failures of prisons, jails, juvenile facilities, hospitals, nursing homes, and police and sheriff’s departments failing to afford individuals their inalienable rights. He and appointees Eric Holder, Loretta Lynch, Jocelyn Samuels, Tom Perez, and Vanita Gupta rightly deserve our thanks and appreciation. There were those Egyptian cotton sheets I bought at Costco and a corkscrew that I purchased, not realizing that anything that facilitated the drinking of wine with the monetary support of Seattle was impermissible. 5 6 Necessary: “Necessary” means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was 4 to the threat, and that efforts to de-escalate, buy time, negotiate, and warn need to precede the use of force.7 Also, of great importance was the insistence of the Monitoring Team that the definition of deadly force be broader than shooting with a firearm alone. Consequently, the definition was expanded to include serious head injuries. A corollary of the definition of the use of force was that force would no longer be evaluated solely when the force was applied. Rather, SPD would examine the chain of events that led to the force and ask whether different avenues or techniques could or should have been applied to obviate the use of force or result in a less serious or injurious use of force being applied. This approach was first articulated by former NYPD Deputy Commissioner of Training Jim Fyfe, who died in 2005. This important corollary became the touchstone of force analysis advocated by the Monitor across the country and in Seattle. Seattle’s Use of Force Board, as structured by the SPD with the technical assistance and drafting of the Team, uses that wider perspective ultimately to produce thoroughly analytic and thoughtful examination of shootings and serious use of force.8 To be sure, from time to time it stumbles, but the successes significantly outweigh its failures. reasonable to effect the lawful purpose intended. SPD Police Manual §8.050. 7 8 The SPD did not believe at first that Monitoring Team lawyers could help police officers analyze force, and the SPD loudly and repeatedly moaned that the Monitoring Team’s Peter Ehrlichman was being disrespectful and abusive. Putting aside the obvious ironies inherent in police making such complaints, Peter, although not the most gentle and politic individual, nonetheless was masterful and very smart, teaching a great deal about dispassionate analysis, logic, cross examination, and respectful skepticism to all those willing to listen. 5 The Monitoring Team prevailed on the Department to adopt best practice when dealing with the aftermath of an officer- involved shooting. The SPD Manual now articulates best practice, as quoted below 9 Co-drafted by SPD and the Team, this new policy took a long jump over prior police practice. Importantly, an officer should not have the ability to review videotapes of an incident prior to giving testimony as to the officer’s best recollection. Of great importance also was that years before the horrendous death of George Floyd, the Team insisted over the objection of an SPD use of force trainer that all chokeholds and neck holds be banned, and they were. As soon as Judge Robart approved the SPD’s new use of force policy, 125 police officers filed suit in federal court against Attorney General Eric Holder, Seattle Mayor Ed Murray, Seattle City Attorney Pete Holmes, the Seattle police chief, and me on claims of the use of force policy endangered officers and should be thrown out. The court dismissed the lawsuit and, in September 2017, the appellate court confirmed, concluding that the SPD’s use of force policy was constitutional under the Second Amendment. Following delivery of a brief public safety statement, both shooter officer(s) and witness officers should be immediately sequestered. • All officers should be separately transported back to Headquarters or the station. All other necessary measures should likewise be implemented to preclude the shooter and other involved officers from discussing the incident by the shooter and other involved officers. • Representatives sent to the scene to provide moral support to the involved officer(s) should not be permitted to discuss the details of the shooting itself, the events leading up to the shooting, or anything else related to how the shooting occurred. • A union representative or lawyer should be provided as quickly as reasonable to SPD officers who request such assistance or representation. Those representatives should be informed of and agree to be compliant with the SPD’s policy against sharing incident information with the involved officer prior to obtaining of the involved officer’s oral statement from the involved officer. • The voluntary or compelled interview of the involved officers, including the shooter, should be fully recorded on videotape or its equivalent prior to the involved officer being relieved of duty. 9 6 Use of Force Declined. Once the new use of force policy was put into practice, and police officers were trained, force began to drop rapidly. As we noted in the Ninth Systemic Assessment, “overall use of force by the SPD is down – both across time under the Consent Decree and compared to the time period studied by the original DOJ investigation. Overall, use of force has gone down even as officer injuries have not gone up and crime, by most measures, has not increased.… The significance and importance of this finding cannot be understated, as this report makes clear. It represents a singular and foundational milestone on SPD’s road to full and effective compliance – and represents Seattle crystallizing into a model of policing for the 21st century.” Ninth Systemic Assessment, June 2017. The trend continued, and force maintained its downward slide. DOJ reported that between January 2017 and April 2019, SPD experienced a 63 percent decline in force from eight years prior, before the consent decree began. Fox.com, Nov. 23, 2019. The Team should take pride in the part it played in bringing about the dramatic drop in force and in the number of persons who thereby did not suffer pain, injury, serious impairment, or death. Of course, much greater accolades go to the women and men of the SPD who learned how better to stop the use of excessive force. Data and data analysis. The Team learned early on that the SPD lacked the data with which to manage the risk of police misconduct. As we noted in our First Semiannual Report, SPD’s then-existing capacities to track, analyze, and use data were, at best, weak. The data produced by the IT Department was error-ridden and inadequate: The SPD simply did not have the data required to implement the Consent Decree, to manage unconstitutional conduct, to respond to the Monitoring Team’s requests for data in order to measure progress, to enable the Court to assess the speed and good faith of implementation, or to respond to routine inquiries by City Council for data needed for legislative purposes. 7 In our Second Semiannual Report, the Team repeated its criticism of the frequently erroneous and incomplete information about officer performance. The Team was blunt: “the absence of timely, trustworthy data [ was] a substantial impediment to progress, efficient management, and effective policing. A business intelligence system properly conceived and developed, [was] pivotal to SPD’s ability to hold itself accountable for constitutional policing and to test whether performance outcomes [were] consistent with the Settlement Agreement’s goals and ends. The Monitor cannot certify full and effective compliance until the Business Intelligence System is producing the data needed and the SPD is using that data in a manner consistent with the Settlement Agreement.” The Monitor faced strong opposition to developing a business intelligence system, particularly because although the SPD was incapable of doing it in-house, it would not so concede until an outside independent consulting firm confirmed the SPD’s incapacity. At that point, a highly qualified firm was selected to build the Data Analysis Platform or DAP. As we noted in February,2019, the DAP can measure officer performance on a historical and comparative basis; can analyze patterns, trends, and statistics on a historical and longitudinal basis; and can discover failures of supervision, discipline, and training. Its analytical work and reporting improved public transparency into core consent decree areas. The DAP is not only impressive when compared to where the SPD was at the commencement of the consent decree but in comparison to most major police departments today. 8 iThe Disciplinary System. As early as June 2014, in our Third Semiannual Report, the Monitoring Team recognized that the disciplinary system the was a failure. "Events during the last six months have made clear that SPD’s disciplinary system is byzantine and arcane. Providing SPD officers and the Seattle community with a rational, reasonable disciplinary system will require swift and sustained effort. It is difficult to envision the SPD reaching full and effective compliance with the Consent Decree without a well- functioning system for imposing discipline on police officers found to have violated SPD policy." The Team agreed to remain available for technical assistance with respect to the discipline system. The Department never requested that technical assistance despite our conclusion that "an irrational and convoluted system cannot be allowed to systematically undo the accountability that a host of other policies and practices are intended to foster." Judge Robart correctly saw how the disciplinary system failed in the Adley Shepherd case. The consent decree will not end until the "bizarre and arcane" discipline and accountability systems are fixed. This will perforce necessitate statesmanship and compromise by the police unions to restore proper management prerogatives. Stop and Frisk. Starkly and sadly, the likelihood that an individual will be stopped in the first instance and, when stopped, will be frisked, varies substantially by race —even after controlling for other potential influences like crime and neighborhood. Certainly, when comparing the incidence of stops by race, the share of Black subjects far outweighs their representation in the Seattle population. The Team used a variety of statistical methods to account for whether these potential influences and significant explanations might account for or explain any racial disparities. Thus, the Monitoring Team did more than simply compare who was stopped to the overall Seattle population. It went deeper and expressly tested whether some of the race-neutral reasons typically provided for why law enforcement activity might affect persons of some races more than others do. The Team nonetheless discovered that the racial disparity with respect to who is stopped and who is frisked in Seattle cannot be explained in terms of underlying societal or social disparities in crime, demographics, or socioeconomic factors manifesting in neighborhood or geographic trends. Even after incorporating those factors, an individual’s race alone helps to predict the likelihood of being stopped and the likelihood of being frisked by an SPD officer. Additional study by the Department and others to determine the underlying causes of the disparity and how such disparities might best be addressed is still necessary. The phenomenon of Black youth in particular being repeatedly stopped must end. Chief Kathleen O'Toole On June 23, 2014, Kathleen O'Toole became Chief of the SPD. Thereafter, there was a sea change in the attitude of the SPD executives toward the consent decree, the court, and the Monitor. Chief O'Toole, under the direction of Mayor Murray, had as her overriding goal full implementation of the consent decree as rapidly as practicable. She achieved that goal. A major milestone was reached on January 10, 2018 when federal Judge James Robart found that the department was in "full and effective" compliance with the terms of the Consent Decree. The SPD then entered a two-year Sustainment period. If after those two years it had maintained full and effective compliance, the SPD could expect the consent decree to be over. Chief O'Toole and the Monitor were most often of one mind and were in constant communication. As Monitor, I spoke with the Chief on close to a daily basis. When I was in Seattle, as I was every 2 to 3 weeks, I would meet the Chief for breakfast along with other members of the Team, and we would frequently meet her also for dinner. Likewise, I met with the Mayor and shared meals with him and his partner. Unquestionably, Mayor Murray had the best of intentions and helped the SPD to achieve substantial compliance. He thus realized one of the principal goals of his administration, At the end of the day, however, no one on the city side was more critical to this process than Kathy O'Toole. She was the pivot around which all the progress turned. If there ever was an ideal of a progressive police chief who understood and embraced reform at the same time as she could put herself in the shoes of the rank-and-file officer and understand him or her completely, it is Kathleen O'Toole. Following Kathy was Chief Carmen Best, Seattle’s first African American Chief, a warm, engaging person with a charming public presence and the enthusiastic support of the Black community and its leaders. Following efforts to cut the SPD budget and her pay, she recently resigned. For the Monitor and the Team, the acme of the last seven years was the Judge's finding that the SPD had achieved substantial compliance. This is thus the right time for my monitoring and this Monitoring Team to end. There are new challenges for a new team to assist Judge Robart. The SPD is at its nadir. It desperately needs a new chief from outside the organization to put it back together. It needs leadership. It can get back to the place where Kathy O'Toole left it and Carmen Best took over. Many of the same excellent people are still there. A wise chief of police will gather them up; empower them; bring in new good people, sworn and civilian, from around the country to leadership positions, like Chief O’Toole did with Mike Wagers; and get the job done. The SPD must move forward from the recent protests. There is undoubtably waste and inefficiency in the SPD that should be eliminated. There are roles that persons other than sworn officers can perform without a law enforcement orientation. But 50 percent or even some lesser cuts to the police budget smack of ideology rather than the reality of maintaining the peace. Nonetheless, the SPD set itself up to criticism. Its performance during the recent demonstrations and protests betrayed a lack of adequate preparation and training, an apparent absence of an overall strategic plan or foreknowledge how to deal with violent interlopers without cutting off legitimate First Amendment activity by peaceful protesters, even if loud and challenging; inadequate subtlety and sophistication about the use of powerful and injurious nonlethal weaponry; a seeming lack at times of sensitivity to the First Amendment role of journalists and the moral and ethical role of medics; a willingness to call something a riot when it might have met some technical definition but was a far cry from a rebellion or stampede or even a melee merely so the SPD could use tear gas, a chemical agent banned for use in warfare after World War I. There should be an outpouring of Seattle gratitude to federal Judge Richard Jones, who, upon an extraordinarily powerful showing by plaintiffs represented exceptionally ably by David Perez, established fair and meaningful rules of engagement for less-lethal weaponry during the protests, and to federal Judge James Robart, who at a critical time did not allow a misguided City Council ordinance to deprive the SPD of the use of less-lethal weaponry under the rules established by Judge Jones. A final word about the endless squabbling at the top of Seattle leadership: As Rodney King said, "Can we all just get along?" The Mayor, City Council, City Attorney, CPC, and other community groups and organizations must really try to work together and not at cross purposes. I will not miss the endless jockeying and some runaway egos. Finally, the Monitoring Team expresses its thanks, admiration, and affection for Judge Robart, who guided the implementation of the consent decree and was always there to get the train back on the rails when it was about to slip off. He will get the consent decree fully achieved, letter and spirit. He always spoke plainly and forthrightly, and litigants learned he always meant what he said. He is a wise and exemplary Article III judge. The members of the Monitoring Team Merrick Bobb, Monitor 2013-20 Ronald Ward, Assistant Monitor 2013-20 Jeffrey Yamson, Executive Assistant 2013-20 Marnie Carlin MacDiarmid, Esq. 2013-20 Peter Ehrlichman, Deputy Monitor 2013-19 Pat Gannon, Senior Police Expert 2013-19 Joseph Brann, Senior Police Expert 2013-15 Nicholas Armstrong, staff 2013-14 Christopher Moulton, staff 2013-15 Julio Thompson, Esq. 2013-19 Ian Warner, Esq. 2013-16 Ellen Scrivner, PhD 2013-19 Matthew Barge, Deputy Director 2013-18 Brian Center, Esq. 2014-19 Joseph Doherty, Prof. and staff 2015-17 Hassan Aden, Deputy Monitor 2016-19 Karlene Goller, Esq. 2016-19 Jim Newton, Writer 2018-20 Andrea Yang, Esq. 2016-17 Luis Perez, Accountant 2014-17 Bruce E H. Johnson, Esq. Davis Wright Tremaine 2019 Florence Finkle, staff 2019 Elana Dean, staff 2019 Meg Olsen, staff 2015-20 Carole Carona, staff 2013-18 Melissa Bretz, staff 2016-18 Tammy Hooper, Police Expert 2019 Tim Shugrue, Accountant 2017-19 Exhibit I 9/10/2020 Online Information Resources - CityClerk seattle.gov Office of the City Clerk Monica Martinez Simmons, MMC, City Clerk Seattle Comptroller/Clerk Files Index Information modi ed on June 22, 2020; retrieved on September 10, 2020 0:04 AM LINK Clerk File 321653 Title Initiative Measure No. 130 relating to Tax on Corporate Payroll for A ordable Green Housing. Description and Background Current Status: Index Terms: References: Filed INITIATIVES-AND-REFERENDA, TAXES, HOUSING Replaced by Initiative Measure 131 Legislative History Date Filed with Clerk: March 19, 2020 Text * Original initiative ling, 3/19/2020 clerk.seattle.gov/search/clerk-files/321653 1/10 9/10/2020 Online Information Resources - CityClerk seattle.gov :: WARNING Ordinance 94289 provides as follows: Section 1. It is unlawful for any person: 1. To sign or decline to sign any petition for a City initiative, referendum, or Charter amendment, in exchange for any consideration or gratuity or promise thereof; or 2. To give or o er any consideration or gratuity to anyone to induce him or her to sign or not to sign a petition for a City initiative, referendum, or Charter amendment; or 3. To interfere with or attempt to interfere with the right of any voter to sign or not to sign a petition for a City initiative, referendum, or Charter amendment by threat, intimidation or any other corrupt means or practice; or 4. To sign a petition for a City initiative, referendum, or Charter amendment with any other than his or her true name, or to knowingly sign more than one (1) petition for the same initiative, referendum or Charter amendment measure, or to sign any such petition knowing that he or she is not a registered voter of The City of Seattle. Section 2. Any person violating any of the provisions of this ordinance shall upon conviction thereof be punishable by a ne of not more than Five Hundred Dollars ($500) or by imprisonment in the City Jail for a period not to exceed six (6) months, or by both such ne and imprisonment. INITIATIVE PETITION FOR SUBMISSION TO THE SEATTLE CITY COUNCIL To the City Council of The City of Seattle: We, the undersigned registered voters of The City of Seattle, State of Washington, propose and ask for the enactment as an ordinance of the measure known as Initiative Measure No. entitled "An Act to Tax Big Businesses to Fund A ordable Green Housing the City of Seattle," a full, true and correct copy of which is included herein, and we petition the Council to enact said measure as an ordinance; and, if not enacted within forty- ve (45) days from the time of receipt thereof by the City Council, then to be submitted to the quali ed electors of The City of Seattle for approval or rejection at the next regular election or at a special election in accordance with Article IV, Section 1 of the City Charter; and each of us for himself or herself says: I have personally signed this petition; I am a registered voter of The City of Seattle, State of Washington, and my residence address is correctly stated. AN ACT to Tax Big Businesses to Fund A ordable Green Housing in the City of Seattle. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SEATTLE: A new Chapter 5.38 is added to the Seattle Municipal Code as follows: clerk.seattle.gov/search/clerk-files/321653 2/10 9/10/2020 Online Information Resources - CityClerk seattle.gov Chapter 5.38 TAX ON CORPORATE PAYROLL FOR AFFORDABLE GREEN HOUSING 5.38.000 Findings and Resolution Progressive revenues are urgently needed to address the deep a ordable housing and homelessness crisis a ecting a growing number of people in the City of Seattle. Average rents have risen 69% since 2010, far beyond the rate of in ation and more than double the national average, so that now 46% of Seattle renters are o cially rent-burdened. Nationwide studies have shown that rising rent increases homelessness - on average, in urban areas, each $100 increase in the average rent causes at least a 15% increase in homelessness. Meanwhile, the global climate crisis represents a threat to our city and humanity as a whole. The a ordable housing and climate crises are deeply intertwined, with Seattle's carbon emissions dramatically exacerbated by the ongoing process of rapid displacement and longer and longer commutes for workers. Yet, as the needs of ordinary people go neglected, Seattle and King County are home to some of the wealthiest corporations and individuals in the world, including Amazon and its CEO, Je Bezos. Raising taxes on the biggest businesses in Seattle can provide funding for a major expansion of a ordable green housing as a step toward making Seattle a ordable, sustainable, and welcoming for all. 5.38.010 Administrative provisions All of the provisions contained in Chapter 5.55 shall have full force and application with respect to taxes imposed under the provisions of this Chapter 5.38 except as may be expressly stated to the contrary herein. 5.38.020 De nitions The de nitions contained in Chapter 5.30 shall be fully applicable to this Chapter 5.38 except as may be expressly stated to the contrary herein. The following additional de nitions shall apply throughout this Chapter 5.38: A. "A ordable Green Housing" means residential housing structures that are: 1. Publicly-owned or publicly-rent-controlled and set aside for households with incomes between 0 and 100 percent of area median income (AMI); 2. Compliant with the following rent limitations: a. For households earning between 0-30 AMI, monthly rent that is no greater than 30% of the household's monthly income; b. For households earning above 30 AMI up to and including 80 AMI, monthly rent that is determined in accordance with the Seattle O ce of Housing's annuallypublished Income and Rent Limits schedule for the Rental Housing Program; c. For households earning above 80 AMI up to and including 100 AMI, initial monthly rent that is based on the cost of the individual housing unit selected by the household, independent of the household's income. The Seattle O ce of Housing shall either set, or create mandatory formulas for property-owners to use in setting, clerk.seattle.gov/search/clerk-files/321653 3/10 9/10/2020 Online Information Resources - CityClerk seattle.gov the initial monthly rental rates for housing units available to households in this AMI range at all properties participating in the A ordable Green Housing program. Thereafter, any annual total rent increases on such rental units shall be no greater than the annual percentage increase in the wage component of the consumer price index (CPI-W). In addition, all such rental units shall be subject to vacancy control, such that when a rental unit becomes vacant or is occupied by new tenants, the new tenants' initial rental rate shall not exceed the last tenants' most recent rental rate; and 3. Compliant with e orts to reduce or o set the e ects of climate change and global warming, as recommended by the Green New Deal Oversight Board, pursuant to Section 3.14.979. B. "Business" has the same meaning as that term de ned in SMC 5.30.020. Depending on the context, "business" may also mean a person engaging in business in Seattle. C. "Tax on corporate payroll" means the payroll expense tax imposed by this Chapter 5.38. D. "Compensation" means remuneration as that term is de ned in RCW 50A.05.010, net distributions, or incentive payments, including guaranteed payments, whether based on pro t or otherwise, earned for services rendered or work performed, whether paid directly or through an agent, and whether in cash or in property or the right to receive property. "Compensation" does not include payments to an owner of a pass-through entity that are not earned for services rendered or work performed, such as return of capital, investment income, or other income from passive activities. E. "Employee" means any person who performs work, labor, or personal services within the City of Seattle for a business, whether or not that person is on the business's payroll. An employee's work, labor, services, or personal services occur "within the City of Seattle" for a given quarterly tax period if the employee either (a) performs 50 percent or more of his or her duties within the City of Seattle during that quarter; or (b) is assigned to work out of a business location in the City of Seattle during that quarter. For purposes of this Chapter 5.38, the term "employee" also includes all full-time, part-time, and temporary employees or workers (regardless of whether they are referred from an employment agency) on the business's or the referring agency's payroll, excluding only those workers who (A) are free from the control and direction of the hiring entity in connection with the performance of the work, (B) perform work that is outside the usual course of the hiring entity's business, and (C) are customarily engaged in an independently established trade, occupation or business. Members of limited liability companies, professional limited liability companies, and partners shall be considered employees. F. "Employer" means any business which has one or more employees, or the employer's designee or any person acting in the interest of such employer. clerk.seattle.gov/search/clerk-files/321653 4/10 9/10/2020 Online Information Resources - CityClerk seattle.gov G. "Net distribution" means the draws from net income by any owner of a passthrough entity. Taxable distributions are limited by the amount of draws or net income for that owner, whichever is less. If the owner's draw exceeds that individual's net pro t, the excess draw is a return of capital. A return of capital is not taxable because it is a liquidation of an owner's assets. H. "Pass-through entity" includes a trust, partnership, corporation described in Subchapter S of the Internal Revenue Code of 1986, as amended, limited liability company, limited liability partnership, professional corporation, and any other person or entity which is not subject to the income tax imposed by Subtitle A, Chapter 1 of the Internal Revenue Code of 1986, as amended, or which is allowed a deduction in computing such tax for distributions to the owners or bene ciaries of such person or entity. I. "Payroll expense" means the aggregate remuneration by a business to its employees. Payroll expense includes, but is not limited to, salaries, wages, tips, or other draws or distributions made to employees, o cers, partners, or members of limited liability companies and professional limited liability companies as compensation for their labor and services. A business's payroll expense includes the corresponding payroll expense of any company that serves as paymaster for the business. A business's payroll expense also includes any business which is an alter ego of, or majority owned by, the business. J. "Publicly-rent-controlled housing" means housing that is: 1. Owned or sponsored by, or leased to, a public corporation pursuant to RCW 35.21.730, a behavioral health administrative services organization established under chapter 71.24 RCW, a nonpro t community or neighborhood-based organization, a federally recognized Indian tribe in the state of Washington, or a regional or statewide nonpro t housing assistance organization, that has applied to the City of Seattle for building permits and/or funding and met all applicable Mandatory Housing A ordability requirements; and 2. Regulated through appropriate legal agreements between the City of Seattle and the housing provider. Such legal agreements must specify renters' rights and the a ordability requirements, including: a. Incorporating covenants to maintain the housing's a ordability in perpetuity or for a period no less than 99 years; b. Limiting annual rents increases for housing units in accordance with Section 5.38.020(A)(2) of this Chapter. 5.38.030 Tax imposed-Measure of the tax A. A quarterly tax on corporate payroll is hereby levied upon and shall be collected from non-exempt employers for the act or privilege of engaging in business activities within the City. The tax shall be measured as a percentage of a non-exempt employer's payroll expense during a quarter of the calendar year. clerk.seattle.gov/search/clerk-files/321653 5/10 9/10/2020 Online Information Resources - CityClerk seattle.gov B. The amount of the tax shall equal 0.7 percent of a non-exempt employer's payroll expense during the previous quarter of the calendar year. The tax on corporate payroll imposed by this Section 5.38.030 shall take e ect on January 1, 2021. All tax on corporate payroll obligations under this Chapter 5.38 will remain in e ect and due and payable as scheduled. 5.38.040 Tax on corporate payroll-When due Non-exempt employers that le and pay their business license tax under Chapter 5.45 on a quarterly basis shall le and pay the tax on corporate payroll on a quarterly basis and non-exempt employers that le and pay their business license tax under Chapter 5.45 on an annual basis shall le and pay the tax on corporate payroll on an annual basis. Non-exempt employers shall report the tax on corporate payroll on forms as prescribed by the Director. Non-exempt employers discontinuing their business activities in Seattle shall report and pay the tax on corporate payroll at the same time as their nal business license tax return under Chapter 5.45 is due. 5.38.050 Exemptions from the tax on corporate payroll The following are exempt from the tax on corporate payroll: A. Businesses with quarterly payroll expenses less than a qualifying threshold. The qualifying threshold shall be determined as follows: 1. From January 1, 2021 through December 31, 2021, the qualifying threshold shall be $1,750,000. 2. Beginning on January 1, 2022, and on January 1st of every year thereafter, the Director shall adjust the amount of the qualifying threshold in this section as follows: a. The amount shall increase commensurate with the rate of growth of the prior year's June-to-June CPI-W for the Seattle-Tacoma-Bellevue area as published by the United State Department of Labor; b. If the annual change in the CPI-W is negative, no adjustment to the amount must be made; c. The amount calculated shall be rounded to the nearest whole dollar. B. Businesses that are preempted from taxation by cities pursuant to federal or state statutes or regulations, including, but not limited to, the following: 1. Insurance businesses and their agents as de ned by RCW 48.01.050 and 48.17.010, respectively, and whose total revenue is exempt from the business license tax per Chapter 5.45. 2. Businesses that only sell, manufacture, or distribute motor vehicle fuel as de ned in RCW 82.38.020 and exempted under RCW 82.38.080. 3. Businesses that only distribute or sell liquor as de ned in RCW 66.04.010 and exempted in RCW 66.08.120. clerk.seattle.gov/search/clerk-files/321653 6/10 9/10/2020 Online Information Resources - CityClerk seattle.gov 4. Businesses spending 75% or more of their gross income on retail sales of food and food ingredients to consumers that are exempt from the retail sales tax under RCW 82.08.0293 or a business spending 75% or more of their gross income on making wholesale sales of food and food ingredients that will be exempt from the retail sales tax under RCW 82.08.0293 when resold by the purchaser. C. Federal and state government agencies and subdivisions. D. Non-pro t organizations that hold a current tax exempt status as provided under Section 501(c) of the Internal Revenue Code, as hereafter amended, or that are speci cally exempted from the requirement to apply for tax exempt status under Section 501(c). E. Cooperative associations organized under RCW 23.86 or RCW 24.06, or any other cooperative business subject to 26 U.S.C. 1381, et seq. F. Hospitals as de ned in RCW 70.41.020. 5.38.060 Tax in addition to other license fees or taxes The tax imposed herein shall be in addition to any license fee or tax imposed or levied under any other law, statute, or ordinance whether imposed or levied by the City, the State, or other governmental entity or political subdivision. 5.38.070 Tax part of operating overhead The taxes herein levied upon non-exempt employers are not taxes upon the purchasers or customers, but shall be levied upon, and collectible from, non-exempt employers and shall constitute a part of the operating overhead or cost of doing business of non-exempt employers in the City of Seattle. A business may not make reduce employees' compensation to pay for this tax. 5.38.080 Allocating funds from tax on corporate payroll A. Taxes collected under this Chapter 5.38 shall be allocated exclusively for expenditures on A ordable Green Housing. B. Expenditures for A ordable Green Housing programs shall be budgeted on an annual basis as follows: 1. No more than ve percent of the proceeds in the rst year shall be used to fund one-time expenditures to implement and administer the tax on corporate payroll and to implement the investments in A ordable Green Housing-related strategies described in subparagraphs (2) and (3) below. Not more than three percent of the proceeds in subsequent years shall be used to fund the ongoing administrative functions to assess and collect the tax and administer the investments in A ordable Green Housing-related strategies described in subparagraphs (2) and (3) below. 2. 75% of remaining expenditures shall be allocated for the construction and maintenance of new A ordable Green Housing programs, including but not limited to: clerk.seattle.gov/search/clerk-files/321653 7/10 9/10/2020 Online Information Resources - CityClerk seattle.gov a. Developing and preserving permanently A ordable Green Housing, serving individuals and families with household incomes between 0 and 100 percent of the Area Median Income. Such housing may be mixed-income, will be built consistent with Seattle's Green New Deal strategies to equitably increase building e ciency and decrease the use of fossil fuels in homes, and may also be used to provide related and needed community services connected to A ordable Green Housing buildings, including but not limited to a ordable child care, community gathering spaces, and open spaces; b. Funding the ongoing operations and services for permanent supportive housing units, including an array of comprehensive services such as counselling and treatment, disability support, skills training, job search assistance, and other services needed to maintain housing stability; c. Acquiring existing structures to incorporate into A ordable Green Housing programs, particularly in areas at high risk for displacement of existing, low- and moderate-income households. At least 25% of new housing units constructed each year pursuant to this Section must be owned and operated by a public corporation, commission, authority, or other public entity created pursuant to RCW 35.21.730. For the rst three years that funds are allocated, for both new construction and acquisition of existing housing, at least 80 percent of these funds for new housing shall be expended on serving individuals and families who are between 0 and 30 percent of Area Median Income. Thereafter, at least 30 percent of these funds for new housing shall be expended on serving individuals and families who are between 0 and 30 percent of Area Median Income. At no time shall more than 20 percent of these funds for new housing be expended on serving housing for individuals between 81 and 100 percent of Area Median Income. 3. 25% of remaining expenditures shall be allocated for e orts to make preexisting housing structures more a ordable and environmentally sustainable, including but not limited to: a. Transitioning preexisting housing units from the use of natural gas and heating oil to electricity; b. Installing solar technology in or on preexisting residential structures; c. Weatherizing preexisting residential structures, with a focus on housing for renters in communities most harmed by racial, economic, and environmental injustice to become more energy e cient; and d. Mitigating any adverse employment impacts that might result from the abovedescribed activities through job training programs prioritizing workers negatively a ected thereby. Speci c job training investment proposals shall be informed by the clerk.seattle.gov/search/clerk-files/321653 8/10 9/10/2020 Online Information Resources - CityClerk seattle.gov recommendations of the Green New Deal Oversight Board, to ensure a just transition and no economic harm to any potentially negatively a ected workers. Projects invested in under this Section 5.37.080, whether for new construction housing development or renovation of existing housing, and regardless of whether the project is or is not considered a public works project, shall be consistent with the standards set forth in Chapter 20.37 of the Seattle Municipal Code, known as the Priority Hire Program. 5.38.090. Severability. If any part, provision, or section of this ballot initiative is held to be void or unconstitutional, all other parts, provisions, and sections of this ordinance not expressly so held to be void or unconstitutional shall continue in full force and e ect. 5.38.100. E ective date This ballot initiative shall take e ect and be in force on the later of (1) January 1, 2021 or (2) 30 days after the ballot initiative is approved by the People. * Initiative text re- led with petition form, 3/26/2020 Seattle City Council Office of the Mayor Office of the City Clerk Address: 600 4th Ave, 3rd Floor, Seattle, WA, 98104 Mailing Address: PO Box 94728, Seattle, WA, 98124-4728 Phone: 206-684-8344 Fax: 206-386-9025 City-Wide Information clerk.seattle.gov/search/clerk-files/321653 9/10 9/10/2020 Online Information Resources - CityClerk seattle.gov Departments & Agencies List Elected O cials Open Data Portal Public Information Requests Services & Information Top Requests 1. Pay your utility bill 2. Find a city job 3. Pay a parking ticket 4. Adopt a pet 5. Get building permits The O ce of the City Clerk maintains the City's o cial records, provides support for the City Council, and manages the City's historical records through the Seattle Municipal Archives. 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