Durkan Hires a Familiar Face, for $720,000, to Represent the City During Light Rail Planning

Mayor Jenny Durkan has chosen Anne Fennessy,  a public-affairs consultant who has known Durkan for decades, to serve as the city’s single point of contact during the development of a plan for Sound Transit 3, which will extend light rail to Ballard and West Seattle. According to the contract, which was provided by the mayor’s office, Fennessy’s firm, Cocker Fennessy, will be paid $720,000 for the work. Sound Transit will reimburse the city for the full cost of Fennessy’s four-year contract. Durkan spokesman Mark Prentice says the mayor’s office interviewed about five people for the position before selecting Fennessy through a sole-source justification—a noncompetitive process. Prentice notes that Fennessy has a long history of doing  work for Sound Transit, pointing to public opinion research and public outreach work her firm, Cocker Fennessy, did for the agency during and after the unsuccessful “roads and transit” campaign in 2007. Prentice could not immediately say whether Durkan considered designating a (likely less expensive) city employee as the city’s representative before hiring Fennessy for the job.

Cocker Fennessy has received at least two other significant transportation-related city contracts during Durkan’s first year in office—to coordinate the city’s review of the stalled downtown streetcar and to assist in an assessment of the Seattle Department of Transportation. (As I previously reported, Fennessy lives near the streetcar route, which has caused major traffic disruption in Pioneer Square, and is married to Durkan’s Deputy Mayor David Moseley. Her work on the SDOT review, for which Fennessy established a makeshift, closet-sized office inside the agency itself,  is reportedly complete.

According to the partnering agreement between the city and Sound Transit, Fennessy’s job will involve working with the transit agency “to manage the project, to establish a cooperative and communicative platform for reaching early and durable decisions, and to resolve disputes.” As the designated representative for the city, Fennessy “will be located in the Mayor’s Office and will report directly and exclusively to the Mayor or Deputy Mayor,” according to the agreement.  “This is a huge, complex project that requires a great deal of work with individual departments, and someone is needed to help keep that cogently tied together and moving forward,” Sound Transit spokeswoman Kimberly Reason says.

The agreement, which the city council approved last December, indicates that Durkan was supposed to have appointed a designated representative by January 15 of this year. Fennessy reportedly received the contract within the last month or two. Reason, who directed specific questions about the contract to the mayor’s office, says that in the absence of a designated representative over the last year, Sound Transit has been “working with individuals in various departments” directly, as they have done in the past. Reason couldn’t say whether the lack of a designated representative had slowed down the process of working with the city. “That’s a hypothetical,” she says. “This is a new idea that we are implementing because we are on such a compressed timeline. … We’re changing our processes in real time, so our approach is, let’s do everything we can to work with the city, and now that the designee has been brought on board, we can implement that idea as well.”

Support

In addition to serving as Sound Transit’s sole point of contact at the city, Fennessy’s role will include coordinating technical input on everything from  “land use/zoning, traffic/parking [and] parks/open space” to “utility, roadway/traffic, drainage, structural/building, fire/life safety, construction staging, property acquisition/right-of-way vacation,” according to the agreement. The designated representative is also charged with assembling and overseeing the city’s project development team (a task that was also supposed to be complete, according to the agreement, by January of this year. Reason did not know whether the city had put together a project team.)

In an email, Fennessy said that Cocker Fennessy “does not speak on behalf our clients – so you should reach out to the Mayor’s office.”

Morning Crank: Potential for Conflicts

1. The Seattle Times ran a story this weekend about the Move Seattle Levy shortfall, including the latest on “recalibrated expectations” for what the $930 million, voter-approved plan will cover. (I broke the news about the Move Seattle Levy “reset” at the beginning of April.) The story, by David Gutman, includes the news that the firm Cocker Fennessy will be paid about $34,000 to do an assessment of SDOT, on top of about $30,000 to “coordinate the city’s next steps” on the streetcar project. Anne Fennessy, one of two partners in the firm, has known Durkan for decades.

There are a few details about Fennessy that Gutman didn’t mention. First: Fennessy is married to David Moseley, one of Durkan’s three deputy mayors . The contracts thus constitute a potential conflict of interest: Not only is Fennessy an old friend and colleague of Durkan’s, she is married to Durkan’s second-in-command. (Both Cocker Fennessy and Moseley maxed out to Durkan’s campaign last year, giving $500 each.)

There are ways to address this kind of potential conflict. Previously, when Moseley was director of Washington State Ferries, Cocker Fennessy simply agreed not to represent the ferry system. However, as deputy mayor, Moseley’s duties are broader than they were at WSF, making potential conflicts of interest harder to track. Moseley has taken the lead for the mayor’s office on a few specific issues—homelessness and issues related to utilities, such as the appointment of a new City Light director—but has met with city council members about other issues, including transportation. (And, of course, utilities make up a huge part of the streetcar construction project, which is already underway on First Avenue).

Stephanie Formas, Durkan’s spokeswoman, says Moseley “has not participated in any aspect of the streetcar review nor the broader review of SDOT. Deputy Mayor Moseley and Anne Fennessy have also previously consulted with the Seattle Ethics and Elections Commission.”

Second: Fennessy is a board member at the Transportation Choices Coalition, whose former director, Shefali Ranganathan, is another one of Durkan’s deputy mayors. Transportation for Washington, TCC’s political arm, maxed out to Durkan last year and endorsed her over her opponent Cary Moon. (TCC signed a letter supporting the streetcar earlier this year.) Ranganathan is the key point of contact for the streetcar project, according to Formas.

And third: Fennessy and Moseley live directly on the streetcar route, where the street has already been ripped up for construction.

None of these connections, on its own, necessarily constitutes an insurmountable ethical issue. But the fact that the mayor has given two high-profile contracts to an old friend and colleague who also has deep ties to two of her deputy mayors—an old friend who happens to live right next one of the projects she is being paid to help review, a project of which Durkan herself has been critical—certainly reads like a throwback to the cozy, insular governance of old Seattle. Tim Ceis, anyone?

2. The Ballard branch of the Seattle Public Library—which, as I reported last week, excludes a larger number of people for sleeping or lying down on library property than most other branches—has installed a series of bent metal pipes to deter people from sitting on flat surfaces outside the library. The pipes, according to library spokeswoman Andra Addison, cost about $10,000 for “fabrication and installation” and were installed after “patrons and neighbors …  expressed concern about security and hygiene issues, citing unattended items left overnight in those areas, smoking, food and beverage waste, feces, urine and discarded needles, which fall through the grates into the parking garage below.

“The purpose of the metal work is to limit access to those areas to ensure an outdoor environment that is safe, clean and welcoming to patrons and passersby,” Addison said.

Hostile architecture is a type of urban design in which public spaces are constructed or altered to make them uncomfortable or unpleasant places for people to sit, lie down, or linger. It includes things like armrests in the middle of benches, spikes on windowsills, bike racks where homeless people used to camp, and “metalwork” that prevents anyone, homeless and housed alike, from perching on flat surfaces outside public buildings.

3. The search to find a permanent replacement for former Seattle Department of Transportation director Scott Kubly, who resigned last December, continues to creak forward, with the appointment earlier this month of a panel of experts to help Mayor Jenny Durkan select a new SDOT leader. The committee reportedly includes: Former Washington State Department of Transportation director Paula Hammond, Transportation Choices Coalition policy director Hester Serebrin, Seattle Metro Chamber director Marilyn Strickland, King County Metro general manager Rob Gannon, and Port of Seattle regional transportation manager Geri Poor.

Durkan has not announced a new interim director to replace Sparrman, who will leave at the end of August to take a job at HNTB Corporation, a consulting firm that has a large engineering contract with Sound Transit as well as numerous open contracts with the city of Seattle. Meanwhile, Andrew Glass Hastings—who, as SDOT’s transit and mobility director, has been an advocate for multimodal transportation, including pedestrian and bike infrastructure as well as the controversial downtown streetcar—is out. His deputy, Christina Van Valkenburgh, will reportedly replace him.