Slog
News & ArtsMonday, July 16, 2012
Crime Feds Give City 15-Day Ultimatum to Settle or They'll Sue Us
Posted by Dominic Holden on Mon, Jul 16, 2012 at 6:35 PM
C.R. Douglas at Q13 has the story:
City Attorney Pete Holmes, who is the legal point person for the city in communications with the DOJ, sent an explosive letter to the mayor and city council late Friday with the DOJ’s demand... “Litigation itself will be costly in dollars, morale, public safety, and public relations; a loss paves the way for a federally-monitored reform plan with little or no City input.”
Mayor Mike McGinn, who oversees the negotiations with federal prosecutors, has essentially been playing chicken with the feds. He's acted as if the DOJ would never put its foot down. And he's been appeasing the right-wing police union as he drags his feet. All the while, his "20/20 police reform" plan is three months old, has 0 percent complete, and hasn't had a status update on the city's website since May.
So McGinn can play chicken with the feds. But he's gonna lose. In one scenario, we'll spend millions on litigation and "win," meaning we don't have to fix our troubled police department. But that's still a loss for the city. In another scenario, we'll spend millions on litigation and "lose." In that case, Seattle will have both lost the opportunity to reform our police department ourselves while we're also paying for years of federal oversight.
I hate to say it, but if the mayor can't reach a reasonable settlement, we should get sued. The DOJ has compiled a compelling case that our police use excessive force, show a concerning trend of racial bias, and have a bad case of distrust from citizens. The city's feckless handling of this issue—the mayor and the council are both to blame—proves the problem is so deeply engrained that we're incapable of reform until the feds take us by the hands and march us to our bedrooms for a spanking.
3
Our Mayor here in Port Townsend got in a similar pissing contest about upgrading our sewer system. Feds said do it, here's some grant money, he said no, we don't need it and fought in court.
Lost the court battle. Lost the grant money, because we didn't respond in time. And our small community was forced into an expensive system that pushed the rates through the roof since we didn't get the financial help.
Lost the court battle. Lost the grant money, because we didn't respond in time. And our small community was forced into an expensive system that pushed the rates through the roof since we didn't get the financial help.
4
Too many stupid assholes think they live in a movie. So they do stupid, overconfident shit.
It's endemic to any asshole who thinks he should govern other peoples' affairs.
It's endemic to any asshole who thinks he should govern other peoples' affairs.
5
Indeed Baconcat well said, really don't they know Seattle wants an arena MORE than accountable police behavior. Who the HELL do they think they are?
6
Meanwhile, we on Cap Hill get to guess whether there will be another impromptu police barricade around 12th street today. I really hope the feds smack the crap out of the mayor and the police. Time to clean house!
8
If the Feds sue us, the city can use the rules of discovery to actually look at DOJs evidence and methodology.
And the city can argue with the DOJ for the funding we'll need to implement reforms.
And the city can argue with the DOJ for the funding we'll need to implement reforms.
9
I think all police should have to wear live feed cams that are time and date stamped the entire time they are on duty, and be available online for public review, cams on the guns the cars the badges, that broadcast and can be seen real time at dispatch, they should be constantly recorded, but every department knows it would ruin the racket, the "fun" the whole good part of being a cop, it would give a true unbiased account for the judge and jury and ultimately it would expose the thing for what it is, completely rotten. I cannot wait, the time is coming soon, I think perhaps a referendum might be due, let us truly see what goes on, how people are actually treated here, you will be appalled to discover these few incidents recently recorded are but the tip of the iceberg.
10
The Feds are barking at the wrong end of the barrel.
The problem for the last 20 years has been the complete lack of law enforcement especially in South King county.
The problem for the last 20 years has been the complete lack of law enforcement especially in South King county.
11
@9: Holomos: Maybe instead of such radical transparency imposed specifically upon our police, we should require it of any public employee whose job description includes the enforcement of public policy at gunpoint. Maybe if you're authorized to hurt people on the job, we should reserve the right to look in on you whenever you're on the job.
I'm mostly in agreement with you, but I want it to be clear that I don't have it in for cops; I'm afraid of any of our most dangerous public staff working in the shadows.
I'm mostly in agreement with you, but I want it to be clear that I don't have it in for cops; I'm afraid of any of our most dangerous public staff working in the shadows.
12
@9 --
Would you agree to wear a live feed camera at all times?
I've got to say it would be convenient to know if cops are patrolling Aurora Avenue. I would totally break the 40 mph limit if I knew I could avoid a ticket.
Would you agree to wear a live feed camera at all times?
I've got to say it would be convenient to know if cops are patrolling Aurora Avenue. I would totally break the 40 mph limit if I knew I could avoid a ticket.
13
@ 6 & 7 I dunno, I kind of like the barricades. Protect the hell out of my building, you cops! Way to be.
14
@13: I don't know how to ask this without sounding rhetorical, but just what risk do you suppose the expression of political dissent poses to the East Precinct? Imagine the worst damage that is likely to come from demonstrators, consider how many times that damage is likely to come out of, say, five demonstrations, then estimate the overtime cost of barricading the street and defending it for two hours by several dozen cops who, on average, are each paid more than $100,000 per year.
16
I still think McGinn is deliberately giving the cop union enough rope to hang themselves with. He knows he can't rein them in, so he's going to let the feds lasso them (yeah, I love rope metaphors).
18
I'm with Fnarf -- McGinn is deliberately forcing the Feds to reform the police, because self-reform doesn't work.
Or maybe I'm just pleased, and figure if he's doing what I want, it must be intentional.
Or maybe I'm just pleased, and figure if he's doing what I want, it must be intentional.
19
Mayor Mike McGinn, who oversees the negotiations with federal prosecutors, has essentially been playing chicken with the feds. He's acted as if the DOJ would never put its foot down. And he's been appeasing the right-wing police union as he drags his feet. All the while, his "20/20 police reform" plan is three months old, has 0 percent complete, and hasn't had a status update on the city's website since May.
Hypothesis: O'neill told McGinn and Holmes point blank that they won't deal unless forced to by a court.
20
If Seattle is sued by the DOJ, it will cost the City (i.e., us) to defend the suit. Inviting the DOJ to sue is a really stupid strategy, if indeed it is a strategy and not just plain stupidity. I'm sure Burgess is rubbing his hands and licking his chops in glee at this.
22
The Mayor can't do anything so long as City Council won't force the cops to follow it.
Mayor: Executive.
Council: Legislative.
Comprende?
Mayor: Executive.
Council: Legislative.
Comprende?
23
Because the cure for a kinder, gentler police force is federally mandated "training".
I assume this means I can look forward to being shuttled in the middle of the night to Coeur D'Alene for an anal interrogation by Cletus and his brother/father?
Awesome.
I assume this means I can look forward to being shuttled in the middle of the night to Coeur D'Alene for an anal interrogation by Cletus and his brother/father?
Awesome.
24
@22, you obviously don't. Making the cops do something is an executive act, not a legislative one.
25
FTA: "[SPD] use excessive force, show a concerning trend of racial bias, and have a bad case of distrust from citizens."
I believe all of these statements to be true. Seattle deserves to be sued.
I believe all of these statements to be true. Seattle deserves to be sued.
26
Also what @9 said. We have the technology. Those little gopro cameras aren't that expensive. Have 'em plug it into a computer at the end of the shift. Write a little script to snarf the HD contents and upload it to S3. Easy.
27
Damn...THAT'S change you can believe in!! So I'm assuming McGinn is simply not going to try to be elected to a second term?
28
I still think McGinn is deliberately giving the cop union enough rope to hang themselves with. He knows he can't rein them in, so he's going to let the feds lasso them (yeah, I love rope metaphors).@16, c'mon. You've read his brutally stubborn statements and the letters he's had his lawyer Carl send DOJ, and rather than "stupid and wrong" you wonder if "mastermind of police reform" might apply?
That goes beyond giving him the benefit of the doubt. That's like the reacharound of the doubt.
29
Sounds like the mayor isnt even trying to negotiate a resolution, instead preferring to do things that boost his horrible approval rating. Looming federal lawsuit? Instead lets challenge DOMA, backpage.com, lets bring back the sonics, tax the shit out of car owners to create in city light rail, at a time when Metro and ST are struggling. Lets bring forth more greenways and road diets
Cant shake the feeling that the mayor thinks these things carry a higher priority than a federal lawsuit that could cost the city millions. And when people at town meetings decide they really dont want to hear about all his pet projects and would rather talk about the problems with the police, he'll do an about face and walk out when heckled.
Seriously, the mayor doesnt care about this, its painfully obvious.
Cant shake the feeling that the mayor thinks these things carry a higher priority than a federal lawsuit that could cost the city millions. And when people at town meetings decide they really dont want to hear about all his pet projects and would rather talk about the problems with the police, he'll do an about face and walk out when heckled.
Seriously, the mayor doesnt care about this, its painfully obvious.
30
When local government agencies get out of control, state or federal resources are required to restore order. The mayor is essentially powerless against the SPOG at this point, his only options being mass firings that would end up in the courts or throw in with the corruption and eventually end up in jail. This happens in many medium to large cities. (FL, NJ, OH, CA)
If it is going to end up in court anyhow, might as well draw the feds into action sooner than later. Nothing brilliant about the strategy, if you could even call it a strategy. His options aren't very good.
If it is going to end up in court anyhow, might as well draw the feds into action sooner than later. Nothing brilliant about the strategy, if you could even call it a strategy. His options aren't very good.
31
Fnarf @ 16: The only one hung in your scenario is McGinn. And not in the good way.
Oh, Nickels, if you'd only got those plows out sooner...
Oh, Nickels, if you'd only got those plows out sooner...
32
"Litigation itself will be costly in dollars...
And that's been such a long term problem, given the continuous corruption at the city level over the past forty years.
The expenses of litigation, with every budget, deriving from the SPD, and the utilities department, have been a major, and avoidable, cost.
I was hoping McGinn might just be the first noncorrupt mayor in the past forty years, but doesn't look likely.
And that's been such a long term problem, given the continuous corruption at the city level over the past forty years.
The expenses of litigation, with every budget, deriving from the SPD, and the utilities department, have been a major, and avoidable, cost.
I was hoping McGinn might just be the first noncorrupt mayor in the past forty years, but doesn't look likely.
34
Or maybe McGinn has no political power to make any kind of change and he's hoping he can ride this argument out until he's no longer responsible.
Thanks for the bike boxes, asshole.
And thank you too, by the way, SLOG readers. Please remember your incredible wrongness on picking mayors when we're discussing the next bunch of candidates.
Does anyone believe the T Mobile guy could suck more than McGinn?
Thanks for the bike boxes, asshole.
And thank you too, by the way, SLOG readers. Please remember your incredible wrongness on picking mayors when we're discussing the next bunch of candidates.
Does anyone believe the T Mobile guy could suck more than McGinn?
35
I hate to say it, but the DOJ's "takedown" is not that "devastating." Yes, Holmes wants to avoid costly litigation and has publicly called McGinn out on his stalling. Yes, McGinn and the SPD now have three major parties who oppose their "look busy; do nothing" tactics. But in a dogfight lawsuit, DOJ won't get half of what they're looking for; they'll get an independent monitor, and data collection. Then it will take another 3 years, as it did in Cincinnati and Los Angeles, before we even know what the problems are that need to be reformed.
The better solution? Take advice from those who already know the SPD, and have already collected data on SPD practices. Let Seattle public interest groups into the room, and give them a seat at the table. For some reason, this seems to be McGinn's worst nightmare--ironic, when you think about the fact that it was McGinn's community organizing experience that wooed us at the polls.
Does he have any friends left?
The better solution? Take advice from those who already know the SPD, and have already collected data on SPD practices. Let Seattle public interest groups into the room, and give them a seat at the table. For some reason, this seems to be McGinn's worst nightmare--ironic, when you think about the fact that it was McGinn's community organizing experience that wooed us at the polls.
Does he have any friends left?
36
No funding is needed to implement the reforms. Look into the problems of past attempts at reform and you need go no further than the Seattle Police Officers Guild, which has categorically and vehemently resisted all social justice initiatives of reform. In addition to that, SPOG has worked to create a culture of denial in regard to how police officers profile based upon race, gender identity, and sexual orientation. SPOG has publicly called such initiatives as the City trying to "shove beliefs down [their] throat." Imagine how they'd change their mind if Officers and the Guild itself would be liable for actions constituting constitutional violations. That's all. Things in SPD would change quick. But they don't have to worry, they're immune, and the city has to pay for the legal defense (which they send to a very big, and very pricey, law firm downtown). The money for that comes out of the city's budget. Meaning, the people subject to being deprived of their constitutional rights at the hands of SPD, are also paying for SPD to be defended by the "best" law firms money can buy.
Advertisement
Most Commented on Slog
-
All You Motherfuckers Complaining That aPodments Are Too Small at 200 Square Feet by Dominic Holden
-
Portland Voters Are Stoopid by Goldy
-
SL Letter of the Day: Did You Think I Was Going To Tell You Not To Come Out? (PLUS: Help Free Kate!) by Dan Savage
-
Rightwing Anti-Gay French Activist Commits Suicide at Notre Dame Cathedral by Dan Savage
-
Spoiled Rotten: Star Trek Into Darkness by Paul Constant
-
There Are No Atheists In Foxholes by Dan Savage
-
Tornado Truthers by Dan Savage
-
Why They Break Windows by Unpaid Intern
-
Listen Up, Gays: They're Coming to Recruit You by Cienna Madrid
-
Saint Genet Re-Creates "Shoot" by Brendan Kiley
Stranger Personals
The Stranger
RSSSeattle Art & Performance Quarterly
A complete guide to Seattle's current art, film, dance, and theater season.
Facebook
Twitter
Comments (37) RSS