After Defeat of Head Tax, Council Scrambles for Plan B

City council budget committee chair Lisa Herbold made a risky gamble this week, and she lost. As a result, the council will pass a budget this coming Monday whose details were thrown together largely at the last minute, after a budget proposal that hinged on the passage of the controversial employee hours tax failed to secure a majority.

The gamble Herbold took was fairly straightforward, First, she proposed a version of the budget that incorporated revenues from the head tax—a $125-per-employee tax on businesses with more than $10 million in gross receipts, known as the HOMES tax. Second, she made sure that city council members’ top-priority projects would be on the chopping block without the tax, so that any council member who voted against the tax would risk losing funding for her favorite projects. Third, instead of coming up with a backup plan in collaboration with head tax opponents, she crafted a “Plan B” that included draconian cuts to council members’ priorities (including the criminal justice diversion program LEAD, housing for homeless Native Americans, and trash removal at homeless encampments), giving them an additional incentive to vote “yes” on the tax.

The problem was with step 4—the one where a majority of council members were supposed to fall in line and support the tax. That didn’t happen, for a number of reasons. First, some council members were simply dead set against passing the tax, or—to hear council members like Lorena Gonzalez tell it—opposed to passing it on a rushed timeline without an opportunity to do deeper analysis and look at other alternative revenue sources. (Council members have had less than three weeks to consider the proposal.) Second, several council members bristled at the way Herbold’s initial balancing package, in council member Debora Juarez’s words, “held hostage” so many important projects by putting them “in the head tax parking lot.” Juarez, in particular, was indignant about this forced tradeoff. And third, potentially persuadable council members may have been put off by the behavior of the head-tax supporters who showed up, many at Sawant’s behest, day after day, screaming invectives (“Shame!” “Their deaths are on your hands!” “Republican!”) at council members who didn’t fall in lockstep behind the proposal.

After the tax failed, it became clear that Herbold didn’t have a backup, and the council ended up canceling a scheduled budget meeting to hammer one out. The result was that the process that led to a final budget package was disorganized and chaotic, with some council members reportedly in the dark about budget amendments until less than an hour before they had to vote them up or down. (Many amendments weren’t available in hard-copy form until minutes before they were voted on.)

A few things stand out about the substance of the budget package that will go before the council on Monday. First, it includes aggressive cuts to incoming mayor Jenny Durkan’s budget. If the budget passes unchanged on Monday, the city’s first female mayor in nearly a century will have to reduce her budget 17 percent, the equivalent of five mayoral staffers. (This was one of the budget amendments that reportedly came through at the last minute). Much of the money that would have gone to the mayor’s office will now fund new contract management positions in the Human Services Department.

Council members who supported cutting the mayor’s budget, including Mike O’Brien, said they were merely bringing it down to the “baseline” level established under former mayor Mike McGinn. However, that characterization is misleading: McGinn had a skeleton staff because he became mayor during the worst economic recession in recent memory, and made the cut at a time when the city faced ongoing annual revenue shortfalls in the tens of millions. As the economy recovered and all city departments expanded back to pre-recession levels, McGinn’s successor, Ed Murray, staffed up too. While budget cuts during recessions are standard, I can recall no recent precedent for slashing the mayor’s budget so dramatically in the middle of an economic boom. Notably, the council did not propose any cuts to its own staff budget, which council members increased by 33 percent just last year.

Outgoing mayor Tim Burgess fired off a sassy response to the council’s cuts, saying that if the council, “in their wisdom[,] believes these funds are needed for other purposes, and remembering that the Legislative Department’s budget is twice the size of the Mayor’s budget, then the funds should come proportionately from the Mayor’s Office and the Legislative Department.” Should Durkan want to respond to the cuts more directly than Burgess did, she could take a hard look at the dozens of statements of legislative intent the council also adopted today, each of which constitutes a request for the mayor’s office to craft legislation or produce reports and analysis. Or the council could decide to dial back the cuts on its own; they still have until Monday to find cuts elsewhere if they don’t want to pick this fight with the new administration. Durkan, it’s worth noting, did quite well in several council members’ districts, including O’Brien’s (Northwest Seattle) and Herbold’s (West Seattle). Both council members are up for reelection in two years.

The cuts to Durkan’s office highlight another unusual aspect of today’s budget proposal: It shifts a significant amount of money into the city’s Human Services Department from other departments, primarily the Department of Finance and Administrative Services. Although intuitively, it makes sense to move funding for things like homeless encampment removals to the department that hands out contracts for homeless services, HSD was not necessarily clamoring for the change, and will need time to hire seven new employees and train them to do the work FAS has been doing. Durkan, meanwhile, presumably has her own ideas about how the department should be run, and who should run it (the current director is Catherine Lester).

Today’s budget debate also solidified the ideological fault lines on the council—and highlighted the need for someone to serve as de facto council leader. As budget chair and a council veteran (before her election in 2015, Herbold was a staffer for former council member Nick Licata for 17 years), Herbold had a chance to be that leader, by counting votes and dealing with both sides to come up with a best-case scenario for the council’s left wing as well as a viable Plan B that could win the support of a council majority. Instead, Herbold went for broke—proposing a budget that was, in essence, an ultimatum, and declining to work with council moderates like Rob Johnson on a backup plan. That gamble didn’t pay off, even with a reliable ally like Kirsten Harris-Talley temporarily on the council. Once the council equation shifts in November (when Teresa Mosqueda, who handily defeated Herbold-endorsed socialist Jon Grant, replaces Harris-Talley), she could find herself increasingly isolated—insufficiently socialist for Sawant (whose supporters yelled “Shame!” and “Republican!” as fervently at Herbold as they did at Johnson), insufficiently “moderate,” (which is to say, conventionally liberal) for the council’s new majority.

I’ll have more to say about the final budget package on Monday.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, phone bills, electronics, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

After Two-Year Gap, Detox Center Will Open on Beacon Hill

King County Executive Dow Constantine stands next to a detox bed at the soon-to-open Recovery Place.

The new detox and inpatient treatment center that will open later this year on Beacon Hill doesn’t look like much from the outside. A low-slung institutional building surrounded by a black iron fence and fronted by a small parking lot, it looks somewhat out of place in a residential neighborhood where brightly colored townhouses have sprouted like dandelions in recent years.

Even from the inside, you have to squint to imagine the transformation—from what Valley Cities Behavioral Health Care CEO Ken Taylor called a “ghastly” institution, run by Recovery Centers of King County, into a modern, brightly lit facility with fitness rooms, two large kitchens, and rooms for group meetings and private counseling.

The opening of the new facility, called Recovery Place, marks a significant milestone for detox and treatment in King County—the restoration of 32 beds for people needing medical detoxification from alcohol, heroin, and other drugs, and the first residential detox center in King County where people can access treatment for addiction and mental health issues simultaneously. (Most treatment centers do not deal with dual diagnoses).

The city’s Navigation Center, a new low-barrier shelter less than a mile away, will direct clients to Recovery Place, which will also take patients directly from emergency rooms and (eventually) on a walk-in basis. In addition to detox and a traditional two-to-four-week inpatient treatment program, the center will offer medication-assisted treatment with drugs like buprenorphine to heroin and opiate addicts. “We’re embracing a harm-reduction approach as much as an abstinence-based approach,” Milena Stott, Valley Cities’ director of inpatient services, said.

Valley Cities CEO Ken Taylor in the detox wing of Recovery Place

The last tenant to occupy the building, Recovery Centers of King County, went bankrupt and shut down abruptly in 2015, and since then, the 27 detox beds they provided have been distributed all over King County through contracts with institutions like Fairfax Hospital in Kirkland and the Seadrunar long-term treatment center in Georgetown.  Before RCKC closed down, Taylor said, the building “was dark and damp, and all throughout the central corridors there was plumbing and electrical running literally right down the middle of the corridor.” Outreach workers told me last year that RCKC was known for treating clients rudely and asking “inappropriate” personal questions in earshot of other patients; the new facility, in contrast, will have private consultation rooms. After RCKC closed, the building itself was taken over by squatters and stripped bare, with everything from the toilets to the copper wiring stolen and carted away.  Morgan Irwin, a Republican state representative (R-31) and Seattle Police Department officer who was on hand for yesterday’s tour, said that the last time he was inside the building, which is on his beat, “It was literally flashlight and gun out.”

The building cost $4 million to buy, plus $9 million to renovate. A million dollars of the budget to buy and fix up the building came from King County; the rest came from a combination of state and grant money and a $4.5 million loan that Valley Cities took out from Bank of America to cover the remaining costs. The state’s capital budget, which remains in limbo, is supposed to provide about $2 million toward the cost of repaying the loan, but Taylor said Valley Cities “is going to be able to repay the loan” ion its own if state funding doesn’t come through. “We’re very fortunate. Not every agency can do that.” Ongoing operations will cost about $5 million a year; that funding will come from the state and federal governments as well as from patients’ insurance payments. RCKC went bankrupt, King County Human Services Department director Adrienne Quinn told me, in part because of unfavorable state reimbursement rates, which she was quick to add have been addressed.

Contrary to common belief, not every person with addiction needs detox, although medication can ease the suffering and make it less likely that people withdrawing from opiates, for example, abandon treatment. (Severe alcoholism does require detox because going cold turkey can cause seizures, DTs, and fatal heart conditions.) Buprenorphine, and other opiate substitution medications, can help short-circuit the withdrawal process and get opiate addicts on a path to stability. “I hope that everyone for whom buprenorphine is appropriate will elect to do that,” Taylor said, “but sometimes it takes them time to get to that point.”

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

Is the “Head Tax” Half-Baked—or Long Overdue?

A plan to tax businesses with gross receipts above $5 million to pay for homeless housing and services faced intense scrutiny from several skeptical city council members yesterday at the first budget briefing since council members Mike O’Brien and Kirsten Harris-Talley first floated the HOMES (Housing, Outreach and Mass-Entry Shelter) Act last week. (The proposal would resurrect the so-called “head tax,” a tax for each hour an employee works, that was repealed in 2009). Council member Rob Johnson called the proposal a “false choice” between a head tax and doing nothing, and council president Bruce Harrell took umbrage with council member Kshama Sawant’s suggestion that council members who oppose the head tax are “beholden to the Chamber of Commerce.” After the meeting, Johnson told me that his goal is “to stay focused on the outcomes” and figure out how much money service providers need first, rather than to “reverse engineer” a set of solutions based on a specific revenue source like the head tax.

So far, the proposal comes with a big number—$24 million a year—but few details. Here’s what we do know: The HOMES Act would impose a 4.8-cent tax on every hour worked by employees for companies with gross receipts of $5 million or more. The math works out to about $100 per employee, per year, and the council members estimate it will raise about $24 million annually, which would include $5 million for shelters, new authorized encampments, and safe lots for people living in cars and RVs; $18 million for new housing construction and long-term housing vouchers for people with very little to no income; and $1 million to expand the Law Enforcement Assisted Diversion program, a pre-arrest diversion program for low-level drug offenders, into the North Precinct. The number of new units the package could build depends on whether the city can rely on state subsidies through the housing trust fund, which cut the cost of construction dramatically, but O’Brien estimates the measure could permanently house 1,000 people over the next ten years.

The Seattle Chamber of Commerce and the Downtown Seattle Association condemned the proposal, calling it a “tax on jobs” that sends a hostile message to businesses hoping to expand or move here. (Amazon came up a lot in the initial press coverage of the proposal, but the tax would actually affect about 2,200 businesses, not just so-called big corporations) O’Brien calls that a false narrative; he says the tax represents a tiny fraction of the cost of doing business—”0.3 percent of your labor cost if you pay your workers $15 an hour”—and that if business groups had a better idea, they would have proposed it by now. “We’ve been dancing around this for years— they hate [the head tax], but they haven’t come up with anything better,” O’Brien says. “It’s the only business tax we have access to, and so there’s a question: Do they hate it because they would like a different business tax better, or do they hate it because they hate business taxes, and this is the one we’re going for, so they hate this one?”

DSA president Jon Scholes insists the downtown business group doesn’t just reflexively “hate” all business taxes; what they hate, he says, is being left out of the loop. Case in point: Scholes says O’Brien contacted him on Thursday to let the DSA know that he was “exploring” the idea of resurrecting the head tax; less than 24 hours later, O’Brien was calling a press conference to announce his plan. The move blindsided the business community, Scholes says. “This was not developed with the input of [O’Brien’s] colleagues on the council or other folks who care deeply about this issue,” Scholes says. “We’re not saying that there shouldn’t be new resources, but we think the resources that are going to go to this issue should be thoughtful and discussed out in the open, not decided behind closed doors and foisted upon businesses and the community.”

Seattle’s business community is unusually progressive by business-community standards—the DSA, for example, was a critical partner in making LEAD a reality, back when there was widespread skepticism about any program that would allow drug offenders to go free. Could the council risk losing business support for progressive ideas like LEAD if it alienates them by imposing taxes they hate? Council member Harris-Talley says she doubts it. “I am hard-pressed to think that the businesses that are in our community are going to set aside their values to have a pissing match with elected officials who want to find resources for solutions” to homelessness, Harris-Talley says. “They know it impacts their bottom line” to allow homelessness to get worse, she adds.

The tax, if it passes, will be based on businesses’ gross receipts, not their net profits, which business groups argue could penalize companies that have thin profit margins and create a perverse incentive for businesses to pay their workers less or avoiding growing past the $5 million threshold. (To get a sense of what businesses would be impacted, they include groups of restaurants, like those owned by Ethan Stowell and Tom Douglas, but not individual Subway franchises or your local dry cleaner.) “Five million in gross revenues—there’s going to be a lot of people wrapped into that,” Scholes says. “Let’s say you’re a business making $4.5 million. If you grow the business [above $5 million], you get to pay tax to the city because you created jobs.”

O’Brien says he’s open to other revenue alternatives, if the business community will help him come up with some. “If we can come up with something better in the next few months, I’m happy to change my support to something better and undo this,” O’Brien says. However, he isn’t willing to shuffle around existing funding for homeless services and hope a new spending scheme will make the numbers pencil out. “Historically, four percent of people in shelters have exited to permanent housing, and to get that number to 40 percent [without additional revenue] is ludicrous. The challenge isn’t that we have a bunch of affordable housing that we’re not using—it’s that there’s nowhere to put them.”

Navigation Center Has Housed Just Two People Since Opening in July

This story first appeared at Seattle Magazine

Late last month, the city’s Human Services Department released its first annual report on Pathways Home, a new framework for serving homeless residents that emphasizes “rapid rehousing” and submits service providers to new performance standards. Among other conclusions, the report found that the Navigation Center, a 75-bed shelter that serves people who don’t do well in traditional shelters, has struggled to place people into permanent housing within the 60-day time limit set by the city.

“People coming inside from being unsheltered have a big adjustment to make and multiple issues to address and many barriers to housing stability; the Navigation Center is finding that mapping out a strategy to get them housed could take more than 60 days,” the report says.

In fact, as of October, the Navigation Center had placed just two people into housing, according to the Downtown Emergency Service Center (DESC), which runs the Center. DESC’s director of administrative services, Greg Jenson, says that one of those clients is now in transitional housing and one went to live with family. According to the Pathways Home report, of the 105 clients who came through the center in its first six weeks, 32 have left, and “nearly half” of those “have refused to disclose or didn’t know where they were exiting to.”

DESC director Daniel Malone says the “biggest challenge” to placing clients in permanent housing isn’t just that the people the Navigation Center serves are hard to house; it’s that there simply aren’t enough places for Navigation Center clients to go.

 

The Navigation Center is designed to serve clients who are the “hardest to house”—people experiencing chronic homelessness who often face multiple barriers to finding a place to live, such as ongoing substance abuse and mental-health issues. It “was not designed to serve the needs of the higher-functioning individuals who are more likely to thrive in traditional shelter settings which have strict rule requirements,” Jackie St. Louis, the coordinator for the Navigation Team, says.

However, DESC director Daniel Malone says the “biggest challenge” to placing clients in permanent housing isn’t just that the people the Navigation Center serves are hard to house; it’s that there simply aren’t enough places for Navigation Center clients to go. “One thing that has been good is being able to identify people who have a natural priority for the limited housing that is available in the community,” by giving them an assessment that scores them on the number of barriers to housing they face, Malone says. But, he adds, “If we aren’t producing new housing, they’ll just be getting it instead of someone else.”

Seattle’s Navigation Center isn’t the first of its kind; that distinction goes to a low-barrier shelter by the same name in San Francisco, which also serves a hard-to-house clientele. In San Francisco, clients seeking permanent housing stay an average of 90 days, and that figure would likely be larger if the city didn’t set aside some low-income housing units specifically for Navigation Center clients, something Seattle does not do. Although Seattle officials were familiar with the challenges San Francisco faced in housing people through its Navigation Center, the city adopted a 60-day cap, predicting that Seattle’s Navigation Center would be able not only mimic but surpass San Francisco’s success.

The city’s Navigation Teams—groups of police and outreach workers who facilitate encampment removals—frequently refer encampment residents to the Navigation Center. According to a report issued by the Navigation Team itself earlier this month, the teams have sent about 75 people to the center this year.

Meg Olberding, a spokeswoman for the Human Services Department, says she’s confident that the city is sending people who want and will benefit from the services that the center provides. “HSD and DESC are satisfied that the right clients are being referred to the Navigation Center,” she says.

But Malone notes that DESC has “definitely heard from some people that they only came there because they were having to leave where they were staying out, and they hadn’t really decided for themselves that was something that they wanted yet.”

Malone cautions against reading too much into what happens at the Navigation Center in the first few months. “Has it changed the face of homelessness in less than three months? No,” he says. “There have definitely been some start-up issues, and we need to try different things out.”

In San Francisco, Navigation Centers have been successful at getting some homeless people off the street, but they’re hardly a panacea. The success or failure of Seattle’s Navigation Center will be measured not by how many hundreds of people it moves on to permanent housing, but by how many dozens.

Morning Crank: Why They Didn’t Apply the Racial Equity Toolkit

1. King County Council member Joe McDermott and Jeanne Kohl-Welles have proposed legislation, sponsored by five of the council’s Democrats (Dave Upthegrove’s name is not on the legislation), that would remove Initiative 27—the ballot measure that ban supervised drug consumption sites throughout King County—from the ballot. In its place would be a two-part question that would give voters the ability to say “yes” to safe consumption sites, along with the other seven recommendations that were unanimously adopted by the county’s Heroin and Prescription Opiate Addiction Task Force a little over a year ago. The task force included public health experts, elected officials, cops, and representatives from the King County Sheriff’s Department and Prosecuting Attorney’s Office.

The legislation essentially asks voters to decide whether either  measure—I-27 or the task force recommendations—should be adopted; then, if a voter says “yes” to the first question, which option they prefer.

“If the people are going to have a chance to vote on safe injection sites, I want them to have all the alternatives,” McDermott says. “This is an effort to have a positive alternative on the ballot to address the public health crisis on our streets.”

A group of advocates is suing to prevent I-27 from going on the February 2018 ballot, arguing that state law does not allow voters to veto adopted public health policies. The case will be heard in King County Superior Court on Friday.

2. The committee charged with reviewing the city’s policies around encampment sweeps met last night for the first time in a month to hear from the city’s Office for Civil Rights (which monitors the sweeps to see if rules like a 72-hour notice requirement are being followed), the Department of Finance and Administrative Services, and the Navigation Team itself about how things are going.

Questions that came up during the meandering meeting: Whether SOCR should be in the position of monitoring encampment removals at all, given that they are themselves a city department (the committee is far from the first to raise this issue); whether the committee should have its own encampment removal monitor that answers only to the committee; and why the city did not initially apply its racial equity toolkit to its sweeps policies (Finance and Administrative Services Department director Chris Potter said it was because the city declared homelessness an “emergency.”)

One question I hoped the city might answer (they didn’t) is why FAS, SOCR, the city’s Human Services Department, and the navigation teams don’t share data in a way that enables them to know exactly what happened to each individual person who received “outreach” during an encampment sweep. HSD and the mayor’s office often tout high numbers of “contacts” and “referrals” to services and safer alternative sleeping arrangements as proof that the Navigation Teams are working, but it’s virtually impossible to find out what happened to the people who received these referrals over the long- or even medium term. No single agency or organization tracks people’s progress after the initial contact by the navigation teams, and people count as success stories for the city’s purposes even if they stay in a shelter for one night and move on.

Navigation Team coordinator Jackie St. Louis did provide some information about where the teams were providing referrals to (not everyone who received a referral followed through by showing up at the shelter or other location to which they were referred). The most common locations for referrals were: The new low-barrier shelter run by Compass Housing on First Hill (capacity: 100); the sanctioned encampment in Georgetown (capacity: 70), which does not allow drugs or alcohol; the sanctioned low-barrier encampment at Licton Springs (capacity: 70), which does not require sobriety; and the Navigation Center (capacity: 75), a city-run low-barrier shelter.

That means that most people the Navigation Teams encounter are being referred to either other encampments or low-barrier shelters, not traditional shelters, transitional housing, or behavioral health or addiction treatment centers. The large influx of referrals from encampments could be one reason the Navigation Center is taking longer than that to move people along to the next thing; last month, HSD reported that the city-run center was “finding that mapping out a strategy to get [clients] housed could take more than 60 days.”

3. At an AARP-KOMO TV-sponsored debate last night, mayoral candidates Cary Moon and Jenny Durkan offered their responses to a question about whether the two-thirds of Seattle’s land zoned exclusively for detached single-family houses should be opened up to allow other types of housing. (Former mayor Ed Murray initially proposed allowing duplexes, row houses, and other types of low-density housing in single-family areas as part of the Housing Affordability and Livability Agenda but backed off after homeowners complained that other types of housing would drive down their property values, make it impossible to park their cars, and destroy their neighborhood character). Moon said she wanted to restart the process so that neighborhoods could be involved in determining how to accommodate density while preserving neighborhood “character”; Durkan seemed to suggest that if the city simply made it easier to add mother-in-law and backyard apartments to existing single-family houses, there would be enough density to provide all the “missing middle” housing Seattle needs.

Moon: “I would restart that conversation with communities to say, ‘This is how many folks are moving here. Here are all the tools we could be using, including backyard cottages, mother-in-law apartments, clustered housing, row housing, stacked flats,’ and show folks all the different models for how do we add infill development in neighborhoods, and invite them to be a part of picking what works for their neighborhood. Because if you impose it from on high in Seattle, that doesn’t work. We all feel this right to shape our city, the right to be at the table and help determine what’s the right way to grow with grace. … We’ve got to involve neighborhoods in doing it together in a way that works for their character that they’re trying to protect, for how they live their high quality of life in their neighborhood.”

Durkan: “I’ve got some friends who, for 18 months, have been trying to get a permit for a mother-in-law apartment. If we made it easier for folks to get mother-in-law apartments and real backyard cottages—not these monstrosity[ies] that everyone’s afraid of—we could make almost every single-family lot into a triplex overnight. But we are having impediments, so we need to make it a priority, and the mayor needs to say to the housing and zoning people, ‘We’re going to speed up affordable housing. We’re going to give people the ability to have density,’ and then we’ll move forward.”

If you enjoy the work I do here at The C Is for Crank, please considerbecoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the substantial time I put into reporting and writing for this blog and on social media, as well as costs like transportation, equipment, travel costs, website maintenance, and other expenses associated with my reporting. Thank you for reading, and I’m truly grateful for your support.

The C Is for Crank Interviews: Cary Moon

Civic activist, engineer, and first-time candidate Cary Moon isn’t much of a political brawler; during the 2007 campaign against the waterfront deep-bore tunnel, when most Seattle voters first got to know her, Moon’s style was more “convince them on the merits” than “bury the opposition.” But this year, aided by her pugnacious consultants at Moxie Media, Moon has come out swinging, accusing her opponent, Jenny Durkan, of knowingly accepting “illegal contributions” claiming that Durkan wants to protect “profiteers and Wall Street interests,” and issuing a celebratory press release when the Seattle Metropolitan Chamber of Commerce declined to endorse her. At the same time, Moon (who is white) has aggressively courted supporters of Nikkita Oliver, a black activist, poet, and attorney who finished third in the primary, by pledging to  “share power” with Oliver’s supporters. In carving out an ideological niche on the left, Moon has earned enthusiastic support from the Stranger, which mocks Durkan as a status-quo Hillary clone who will say anything to get elected, but has yet to win an endorsement from Oliver or the candidate who ended up in fourth place, former state legislator Jessyn Farrell.

When we sat down at Moon’s temporary office at Moxie Media HQ in September, I started out by asking Moon about her early support for a tax on foreign homebuyers, which Durkan (who has some pugnacious consultants of her own) has portrayed as a racist attack on Chinese investors.

The C Is for Crank [ECB]: Your opponent argues that your proposal to tax non-resident property buyers is an attack on Chinese people, because a large percentage of foreign investors in the Northwest are from China. How do you respond?

Cary Moon [CM]: It feels fairly desperate and way off target.

ECB: How so?

CM: Our housing market used to be local—local buyers, local builders, local bankers. That’s how housing markets worked for decades and decades. When we have a housing market that’s hot because of our growth, and because tech workers are moving here, and we’re building more housing, and prices are going up because of natural demand, We’re attracting outside capital and we need to understand that dynamic.  How much of it is private equity firms, real estate investment trusts, or LLCs? How much of it is wealthy Seattleites buying second, third, and fourth homes for rental properties? How much of it is global money that is looking for a safe place to park capital that they need to invest somewhere and they’re like, ‘Oh, look, Seattle’s a nice city with escalating property values, so let’s put our money there’? We need to understand exactly the dynamic of, what is the activity and what would be an effective way to create a disincentive to block it.

 

“Could we do a special real estate excise tax or a capital gains tax on the sale of that property that was a non-primary residence? We need to look at the whole dynamic of what the problem is and we need to look at what is legal, but I think  a foreign buyers tax was never the right approach or the right question to ask.”

 

ECB: I know there’s no definitive data on this, but the indication seems to be that foreign investment is not a huge reason for rising housing prices in Seattle right now.

CM: We need to look at the data. Something’s going on. It could be that because of our condo code and the problems around liability [Washington State law exposes developers and builders to significant legal liability for actual and potential construction defects], we aren’t building very many condos, which are the starter homes that people can usually first buy. [There are conflicting accounts about whether liability really represents a significant barrier to construction.] We have an Airbnb  issue and we don’t really know how big it is. Maybe homes are coming off the market for use by commercial Airbnb operators. It’s just shrinking the available supply of homes for people who do want to live here. And even a fairly small number in each of those categories can have a big, dramatic effect, because it affects price levels at every single tier. So if you take luxury homes off the market and you take starter homes off the market, everything shifts up and it just becomes more and more desperate. The more money there is chasing fewer homes, the more that encourages [price] escalation.

ECB :The city attorney has argued that taxing foreign buyers or vacant homes is illegal. Do you disagree?

CM: I don’t think that’s the right approach. It’s not the foreignness of the buyers that’s the problem–it’s the activity. So maybe if it’s a corporate or nonresident owner and a vacant property. Could we do a special real estate excise tax or a capital gains tax on the sale of that property that was a non-primary residence? We need to look at the whole dynamic of what the problem is and we need to look at what is legal, but I think  a foreign buyers tax was never the right approach or the right question to ask.

ECB: Vancouver has a tax on home sales to nonresident buyers, and it doesn’t seem to have stabilized prices.

CM: It did for a while. For the first six eight months, it stabilized prices and sales dropped dramatically. But what happened there is there is so much capital trying to get out of China right now that even at a 15 percent fee [on sales], it’s still better than leaving the money in China. They’re so motivated to get it out that they’re willing to pay the 15 percent fee.

ECB: What are some other measures you’d support to increase housing supply and reduce housing costs?

CM: We have to keep funding flowing to nonprofit housing production. Get the housing trust fund back up to $200 million, like it used to be before the recession. Look at using surplus city land for very low-income affordable housing production. Look at how do we get more community land trusts going, because that is an excellent step toward homeownership for so many folks. There’s a lot of infill, like multifamily lowrise, that we could be doing in neighborhoods. We need to restart that conversation again, on a more constructive note, about how can we grow in each neighborhood in a way that welcomes people from all income levels and all ages and stages of life into the neighborhoods, so it’s not exclusive by economic class.

ECB: Tell me what do you mean by ‘on a more constructive note.’ Because a lot of the stuff you’re talking about seem very much like things that were on Ed Murray’s agenda.

CM: So HALA had identified 65 different strategies, and we got hung up on the [Mandatory Housing Affordability] upzones because of the way it got leaked. [Ed: Seattle Times reporter Danny Westneat published a column in 2015 that claimed Murray was planning to “get rid of single-family zoning,” prompting a homeowner backlash that ultimately led Murray to walk back a proposal to allow modest density increases, such as duplexes, in single-family areas.]  I think we still need to have those conversations, and I’d like to hit the reset button and start those conversations over again.

“We can’t do what San Francisco did and falsely limit supply, because that escalates prices. But I also want to recognize that only expecting the free market to solve this is not going to work.”

 

ECB: Would you eliminate exclusive single-family zoning, as Murray initially proposed?

CM: I would really look at all the zones and say, would it makes sense for a Single Family 5000 zone, for instance [where housing is restricted to detached single-family houses on 5,000-square-foot lots] to allow backyard cottages or clustered housing, and look at, how do we add row houses, duplexes, or low-rise multifamily in some places? How do we add a little bit more density at each level? So, yes, I would like to take another look at all the zoning and find a way to add infill development in all zones.

ECB: I’m trying to get a better sense of how you differ from your opponent on affordable housing and the need for more housing supply, because I hear her saying very similar things.

CM: I have a very firm belief that the free market is not going to be the only answer. Yes, we need to keep up with demand for people who want to move here. No question. We can’t do what San Francisco did and falsely limit supply, because that escalates prices. But I also want to recognize that only expecting the free market to solve this is not going to work. We have to have a strong component of public and market and affordable housing to balance the volatility that will happen in the housing market. We need rent stabilization.

ECB: What do you mean by rent stabilization? Do you have a proposal to restrict rent increases?

CM: Not yet. I have to look at best practices and what’s working in other cities. You hear the stories that most of us live, of having to move year after year, having to be more and more downwardly mobile, because apartments are increasingly unaffordable and you have to just keep moving to find a place you can afford. It’s causing tremendous housing insecurity. For folks who can afford to keep an apartment, it’s stressful, and for folks who can’t, it’s toxic. So we’ve got to do something, and rent stabilization looks like it’s part of the answer, as well as increasing tenants’ rights and making sure that everybody facing eviction or a huge rent increase has access to a lawyer. It makes a really big difference, because the folks who are getting taken advantage of can get help.

ECB: You’ve said that you think “rapid rehousing” with temporary vouchers, which the city is emphasizing as a key solution to homelessness, is inadequate. Can you elaborate on that comment, and what are some other solutions you would support?

CM: I think the starting point for that set of solutions was that the housing affordability crisis and the homelessness crisis are unrelated, and we all know that’s not true. That’s just stupid. That’s not reality. We have to come up with solutions that acknowledge that two of the main drivers of the homelessness crisis are the defunding of behavioral health services and addiction services, and the housing affordability crisis.

So the solutions I would put forward are: how can we get more funding into those services? How can we build more low-barrier shelters? How can we get more funding for long-term supportive housing, because a lot of the folks in shelters now really do need long-term help? How can we look at some of the emergency solutions, like the RV parks that Mike O’Brien’s feeling out how to implement? How can we build more tiny house villages, because for folks who are currently on the streets, having a roof over your head and a door to lock is pretty much essential?

“I think the starting point for [Pathways Home] was that the housing affordability crisis and the homelessness crisis are unrelated, and we all know that’s not true. That’s just stupid. That’s not reality.”

 

ECB: Some of the changes the city is implementing, like requiring that all providers go through a competitive bidding process that emphasizes permanent housing, could move city funding away from providers that focus on more temporary solutions, like low-barrier shelter and tiny houses. Do you think the city is moving in the right direction with this new bidding process?

CM: I want to be careful here, because I have never worked at a homeless service provider and I am not sure really how to talk about it, except that there always is room for more efficiency in any organization. So if we can figure out a way to get more program delivered for less money, we should definitely be doing that. I think we’re in the middle of the process, so we should continue with the process and see where it gets us.

ECB: One aspect of the new bidding process that has been controversial is that it’s performance-based—meaning, providers get ranked largely on whether they get people out of shelter and into ‘permanent’ housing. There’s a concern that this will result in service providers focusing on the people who are the easiest to serve, rather than the hardest to house.

CM: That’s a good point. Some of the supportive housing for folks in need—for survivors of domestic abuse, for kids coming out of foster care, for people coming back from the criminal justice system—they need more supportive help. If we can afford it, permanent supportive housing is the right approach, but there are certain populations that do need transitional housing, and I don’t want to move way from it completely for those populations.

ECB: Nikkita Oliver has declined to endorse you. How did you feel when you heard about her decision?

CM: The People’s Party [the organization that ran Oliver as its first candidate] is a really important movement in our city, and I want to honor everything that they’ve done and will do, because building black and brown power and building black and brown voices is an essential part of turning the corner and becoming a more just and inclusive city. I feel patient. I don’t question that it’s going to take some time to figure out if and what to do in the mayor’s race. So I honor the process that they’re going through, and I have faith that we’ll reestablish dialogue.

ECB: So you haven’t actually spoken to Nikkita since the election?

CM: No, just texting and voice mail.

ECB: How do you respond to the criticism that, as a wealthy white woman,  you can’t adequately represent low-income black and brown people?

CM: I mean, the reality is that too much power is held by wealthy white people who have access to privilege like I have my whole life. So they’re not wrong. My commitment to building a more just world is true, and I know that means tackling systemic racism. It means changing who has power. It means including the voices of the folks most marginalized and most impacted by inequality and centering their needs and their power as we make the transition.  I’m ready to help do that work from this position, but I own my privilege. I know I’m in a position where I had a lot of doors open for me, and I have a lot of advantages. It’s okay for them to call me out on that.

ECB: Beyond calling you out on your privilege, Oliver and her supporters raised a lot of issues during the campaign that just might not be top of mind for you, like displacement, gentrification police violence, and restorative justice. You’ve talked a lot about wanting to focus on those issues and ‘share power’ with people who have been marginalized. What will that look like in practice?

CM: What it looks like to me is, the campaign cabinet I put together is majority people of color, women, and LGBT people.I’ve made commitments about my leadership team and boards and commissions. I believe that’s the right path to get there. [Ed: Moon has pledged that her “leadership team will be at least half women, LGBTQ and people of color.”] And using a racial equity lens in the budgeting process is really important, [as is] continuing the Race and Social Justice Initiative within the city departments and expanding that and resourcing it so it really can be meaningful in terms of changing how the city operates.

ECB: This is another privilege question, and it’s about your campaign funding. Between campaign contributions and spending by PACs, Durkan is going to be able to raise far more money than you. You spent more than $110,000 of your own money getting through the primary. How much are you planning self-finance to win in November?

CM: I’m hoping not at all anymore. I’m hoping to raise all the money I need for the general from donations, and I’m working my ass off to do that. It’s hard with a $500 limit, and most of the people on my side are not $500 donors. So I’m working really hard to raise as much as I can, because you’re right, we will be outspent two to one, if not three to one. So we need to make up for it in people power and smarts.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue doing interviews like this one, which take an average of about 8-10 hours from start to finish. This site is funded entirely by contributions from readers like you. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: “Meets All Necessary Privacy Requirements”

Image via Hope to the End.

1.  Some little-picture observations about the proposed city budget, which interim mayor Tim Burgess released on Monday:

• The budget includes extremely sunny ridership projections for the South Lake Union and First Hill streetcars, assuming that farebox revenues from the two streetcars combined will be 25 percent higher than actual 2016 revenues, and 21 percent higher than the assumption that was used for the 2017 budget.

• The budget includes $343,000 to expand the city’s Our Best program, which is aimed at increasing mentors for young African American men and improving black male outcomes. As I’ve reported, this fix-boys-first focus can black girls, who face very different challenges than black boys, behind; programs like Our Best also tend to emphasize traditional gender roles, including a heteronormative family structure in which the man is the breadwinner and the wife stays at home.

• The phrase “African American/Black” occurs 10 times in the city budget itself. Nine of those 10 times, it precedes either “male” or “boys.”

• In addition to increasing funding for homelessness-related programs and services by $2 million, the budget for the city’s Human Services Department includes funding for new Homeless Management Information scan cards, which are just what they sound like—bar-coded scan cards identifying and tracking homeless people who use the city’s shelter system. According to the budget book, the cards will, “for a small investment, significantly decrease the burden on people using homeless services to provide information and decrease the burden on agencies to enter duplicative data while significantly increasing efficiencies in the homeless service delivery system by ensuring data quality.” The proposed new homeless scanning system, HSD assures readers, “meets all necessary privacy requirements and is used in homeless response systems around the

• In another nod to HSD’s renewed emphasis on “performance-based contracting” and “measurable outcomes,” the department’s budget also includes two new data analysis staffers.

• And in a nod to the fact that addressing homelessness was never going to be a short-term problem, the budget takes two positions that were created in 2017 to execute the city’s interim response to homelessness and makes them permanent.

 

“The Navigation Center is finding that mapping out a strategy to get them housed could take more than 60 days.”

 

2. Speaking of homelessness as a long-term problem: The first annual report on Pathways Home, the new city homelessness framework that emphasizes “rapid rehousing” and “performance-based contracting,” is out. Overall, the city gives itself high marks for moving people from unsanctioned to sanctioned encampments and for getting people into safer (if still precarious) living situations. HSD praises itself, in particular, for the work of its new Navigation Teams—groups of police and outreach workers who offer services and safer shelter or housing to people living in unsanctioned encampments that are about to be swept by the city—and for two new low-barrier shelters, the city-run Navigation Center and a new low-barrier shelter run by Compass Housing, which together provide 175 new shelter beds.

However, the number of people served by the city-run Navigation Center remains low. (The Compass facility just opened last month). Between July and September, according to the report, the center has seen just 105 people—and 30 percent of those left the program in the first 45 days it was open. The goal of the Navigation Center is to get hard-to-house and chronically homeless clients with complicated problems, including addiction, into long-term shelter, permanent housing, or treatment. When the center opened, HSD said it would aim to get people through the shelter and on to their next living situation within 60 days; the progress report released Monday, however, concedes that “[p]eople coming inside from being unsheltered have a big adjustment to make and multiple issues to address and many barriers to housing stability; the Navigation Center is finding that mapping out a strategy to get them housed could take more than 60 days.” Next year, the city will switch to a system that awards contracts to shelter providers based in part on how many of their shelter clients “exit shelter to permanent housing,” which could weigh against shelters like the Navigation Center that serve clients that are among the most challenging to house.

“There is an urgent need to provide unsheltered people with real time referrals to shelter and housing by using scan card technology in the field to link outreach workers and housing resources.”

 

The report also touts the Navigation Teams, praising the groups for getting people living in unsafe encampments into “safer alternative living spaces.” Overall ,64 percent of the people the Navigation Teams “engaged” accepted some kind of services (down from the 69 percent an SPD lieutenant described as “staggeringly high” back in May). Thirty-nine percent accepted alternative living arrangements (up from 32 percent), which include other (sanctioned) encampments; although the city tracks this number closely, HSD has told me it does not know how many people in that group actually got permanent housing, as opposed to a shelter bed or reassignment to another outdoor encampment.

In a nod to the budget line item adding funding for homeless scan cards, the Pathways Home report says “there is an urgent need to provide unsheltered people with real time referrals to shelter and housing by using scan card technology in the field to link outreach workers and housing resources.”

3. Eli Sanders, the Stranger writer-turned-speechwriter/deputy communications director for interim Mayor Tim Burgess, has said he plans to use what he sees and hears while embedded at the mayor’s office as material for a piece of “experiential journalism” when he returns to his job at the paper full-time in November. (Sanders will continue to host the Stranger’s political blog, “Blabbermouth,” one day a week.) On Monday, the city provided me with Sanders’ offer letter for the position, which consists primarily of writing Burgess’ speeches and public remarks, not taking media calls or dealing with external communications. Sanders, according to the letter, will make $55.598 per hour, plus a five percent bonus for his first 520 hours; after that point (which Sanders will likely never hit, given the short-term nature of his assignment), he will receive a ten percent bonus.

Doing the math: Sanders started his new job on September 19; the job will conclude on November 28, when a new mayor takes office. At 8 hours a day, and assuming he receives no pay for additional hours or other bonuses, Sanders will make $26,153.30 for his 56 full days of work for Burgess, which (if extrapolated out to the full year) would amount to a salary of $125,762.78. This places Sanders’ starting salary within the top third of mayoral staff salaries; only 16 of the 47 mayoral staffers make more than Burgess’ new hire.

Also Monday, I got a request to remove Sanders’ personal email information from his offer letter, which is a public record available to anyone. The ask was reasonable, and I removed the address, but I couldn’t help but note a certain irony in the request, as I told the staffer who asked for the redaction:

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The C Is for Crank Interviews: Teresa Mosqueda

As the lobbyist for the Washington State Labor Council, the campaign chairwoman for Raise Up Washington (which ran last year’s successful minimum-wage initiative), and legislative director for the Children’s Alliance, City Council Position 8 candidate Teresa Mosqueda has credentials in Olympia a mile long. Most of the causes she has championed involve historically marginalized or disempowered groups, particularly women and children; this year, for example, she worked behind the scenes to pass a paid family leave law that’s the most generous in the nation. Her work as a labor lobbyist, however, has led her opponent Jon Grant to criticize her as a pawn of “Big Labor,” a term that some on the socialist end of Seattle’s political spectrum consider synonymous with Big Business. Mosqueda has endorsements from every Seattle labor group and the support of a political action committee, Working Families for Teresa, that is backed by the grocery workers’ union (UFCW 21), the home health care workers’ union (SEIU 775), the Teamsters, and the AFL-CIO.

I sat down with Mosqueda at her office at WSLC headquarters on South Jackson Street.

The C Is for Crank [ECB]: If you win, the council will have a six-woman majority for the first time since the 1990s. Do you think a majority-female council will emphasize different issues or produce different policy results than the majority-male councils we’ve had for the vast majority of Seattle’s history?

Teresa Mosqueda [TM]: I hope so. I think part of the lived experience that I’m going to be bringing to this seat is one of creating greater economic stability for working families and women. Women are part of the workforce now. We do not have affordable child care. We do not have affordable family leave yet. Although Seattle has made some good strides to push the state in the right direction, [the new statewide family leave plan is] not going to start coming onto the books until 2019, 2020. And, frankly as women, we are often left out of conversations about what retirement security looks like. Because we have to step out of the workforce so many times [to do unpaid work as mothers and caregivers], because we tend to get tracked into lower-paying jobs, our retirement security also suffers when we don’t have people proactively thinking about how to create equity.

One of the things I want to do is help prevent folks from getting retaliated against for speaking about their pay on the job. Right now, there are zero protections. It says on the books that you have protection from retaliation, but the reality is, talking about your pay at work gets people fired, it gets them demoted, it gets their hours cut. So we need to make that a protection. Second, I’m also very interested in looking at the data in terms of [job] tracking. Let’s take an organization like Safeway, for example, or Whole Foods. If you look at who’s in floral versus who’s in meat-cutting, it’s women in floral and men in meat-cutting, and meat-cutting pays significantly more than floral. And you can see that people are tracked into certain jobs in various industries based on their gender, and I want to make sure that is something that we look at and do an analysis of and seeing how we can prevent that. And then, lastly, I do think that it’s important that we ask companies to display their pay, to give more folks transparency in the workplace.

ECB: You identified child care as an economic issue that falls largely on women. What’s your plan to provide child care for women and families?

TM: The principles are pretty simple. One: We’ve said that nobody should spend more than 9.5 percent of their income on health care. I want to apply that same principle to child care. Seattle, as you know, is the most expensive city in the country right now for a parent to have child care. Right now, it costs more to pay for child care for a year than it does to go to the University of Washington for a year. So there are a few things I would like to do. Number one is creating a sliding scale subsidy, especially for those on the bottom levels of the income spectrum. Number two is to really encourage or try to facilitate people going into the early learning profession, by working with our local colleges to make sure that we’re getting more folks into child care and early learning.

One way to do that is to actually pay them better. One idea I have is to actually subsidize or enhance the pay rate that child care providers receive in our city. I know everyone’s got their eyes on the [Families and Education] levy right now, but I do think there is a direct tie-in [between child care and education]. I also think we should work with the state on the square footage limits that we have on child care. Right now, an in-home child care provider has to have 35 square feet per child inside, and I think it’s 65 square feet per child outside. What home can you buy right now where, if you wanted to have a dozen kids and make it a sustaining business, that you could actually have that amount of square footage? I also think there’s a lot the city could do in terms of zoning and incentives for child care throughout the city.

 

“I’ve seen the Freedom Foundation use very similar tactics that I’m hearing, unfortunately, from some [on the left], saying that labor is not representative. I think it’s extremely dangerous for us to be using right-wing rhetoric when it comes to electing local progressive candidates.”

 

ECB: Your opponent keeps suggesting that you are a tool of “Big Labor,” while he’s the true progressive in the race. Should voters be concerned about the fact that labor groups are spending tens of thousands of dollars on independent expenditures to help get you elected?

TM: People in the labor movement elect their leaders. Those in the labor movement decide through a democratic process who to endorse. It’s workers who’ve endorsed me. Every labor union has endorsed me. The workers, faith communities, organizations from communities of color, environmentalists, health care advocates are behind me. So I say that it’s a false narrative. I’ve seen the Freedom Foundation [an anti-union advocacy group] use very similar tactics that I’m hearing, unfortunately, from some [on the left], saying that labor is not representative. I think it’s extremely dangerous for us to be using right-wing rhetoric when it comes to electing local progressive candidates. I think this is exactly what the right wing wants us to do—to fight against each other, fight over the scraps and to pull our community apart. I’ve seen that language be used in the halls of  Olympia and across our country, where labor is being demonized, and I think now is the time for us to find the commonality between movements and find common interest in fighting the -isms, whether it’s sexism, classism, racism, and uniting against the forces that are trying to divide us.

I entered this race when I was 36. I’m now 37. I am a Latina woman who’s a renter in Seattle. I am a progressive advocate who has proven credentials that I brought to the table, fighting for health care for all kids, including undocumented kiddos, standing up for the rights of all workers, fighting for retirement security and affordable health care for kiddos—the issues that I brought to this race stand on their own.

ECB: Would you revisit any aspect of the city’s Housing Affordability and Livability Agenda, and can you address Grant’s proposal to require developers to make 25 percent of all new housing affordable to low-income people?

TM: I’ll start with the 25 percent affordability suggestion. I’ve looked into this in depth, and what we saw in San Francisco, which passed an initiative saying they wanted a 25 percent requirement for all new buildings, is that it basically brought development almost to a halt during one of the biggest economic booms in history. Now it’s back with their board of supervisors. They’re trying to make a decision about what is the right number across the city, and they’re looking at what we did in Seattle [where the mandatory housing affordability proposal calls for different density increases] zone by zone. I’m not interested in grinding us to a halt. I’m interested in actually creating the housing that we need right now.

“The two-thirds of our city that is zoned for single family use has got to be reevaluated. We cannot create the affordable housing that we need for the folks who are living here, working here, retiring here, and those who are coming here, if we do not go back and add cottages, duplexes, triplexes, and affordable units.”

 

If there was something that I was going to push for on city council, especially with a new mayor and a new city council, it would be to say, did we lowball it [on affordable housing requirements] before? Twenty-five percent has obviously proven too much of a requirement to actually incentivize building, but instead of looking at [a] 2 to 11 [percent affordability requirement], is there a range that would allow us to move forward in this economic boom and get the affordable housing that we need without driving us back to either the conference room table or into court?

What I’ve been talking about is looking at every developable parcel of land that the city, county, and state owns, and that Sound Transit owns, and turning that into affordable housing options across the income spectrum— working with community land trusts, working with nonprofit housing developers, creating cohousing, coops, and subsidized housing models.

And in addition to that, the two-thirds of our city that is zoned for single family use has got to be reevaluated. We cannot create the affordable housing that we need for the folks who are living here, working here, retiring here, and those who are coming here, if we do not go back and add cottages, duplexes, triplexes, and affordable units for folks who probably rent but would like to buy one day. We have to be creative. We have to think out outside of the box. I don’t know about you, but I think a lot of your readers are tired of people who run for office who make these grand promises and then don’t deliver. What I’m talking about is getting in to office and then delivering the affordable housing that we need across the income spectrum. So it’s not going to be a one-sentence bumper sticker solution, it’s going to be a multifaceted approach.

ECB: The city’s Pathways Home strategy for addressing homelessness is based on a report that explicitly decouples homelessness and housing affordability, and concludes that people may just have to move outside the city or county to avoid being homeless. Do you agree with that strategy, and would you change anything about the city’s current approach to homelessness?

TM: I see them as interconnected. We have a crisis in the city both in terms of the lack of affordable housing and in terms of the number of folks who are living unsheltered on our streets. So I think that we need to take  a comprehensive approach and overhaul how we’re addressing the homelessness crisis. Number one, we have to stop the sweeps. It is retraumatizing people. It is not creating equitable solutions for folks who have already been failed by the system so many times. Getting moved from corner to corner is not a way to make sure they feel safe, and it is not a way to make sure they can access the services they need. We have to treat this as the health issue that it is.

 

“We are going to politicize the process and polarize the process, and it will not result in an actual [police] contract. The Freedom Foundation wants open collective bargaining  because they know it will result in stagnation and finger pointing.”

 

I’ve been talking about building the shelters that we need, building the permanent supportive housing that they need, and getting folks inside navigation centers [low-barrier shelters]. We obviously have to work with the community so people know where they’re being placed and why they’re being placed there, but they have to be placed throughout the city so that they’re in places where people can actually access them. It does us no good to place a navigation center ten miles away from where somebody can actually walk to where the services are needed. But in addition to that, making sure that we have actual inpatient treatment services in Seattle is one big priority that I’d like to address with the county. We do not have inpatient substance abuse treatment in Seattle that is sufficient. Folks end up going to Harborview and they’re let go 12 hours later. What they can do at Harborview is stabilize people. They can’t give them the case management and the substance abuse counseling and the long-term care that they need to be able to actually get sober. They should not be acting as our primary care providers throughout our city.

ECB: You’ve said that, unlike your opponent, you don’t want to open the police union negotiations to the public. Why not, and what would you do to increase transparency in police contract negotiations?

TM: I have constantly said what we need in this city is to rebuild trust. We need to make sure that people are not fearful when they call the cops  because they’re having a mental health crisis or because they are fearful that somebody broke into their home. And without a contract, I think a lot of people are concerned that we’re not going to get that trust. A contract can help us to that, but we’re not going to get a contract if you open up negotiations, like the Koch Foundation and the Freedom Foundation have called for. Because what that will inevitably create is folks sitting around a conference room table grandstanding. We are going to politicize the process and polarize the process, and it will not result in an actual contract. The Freedom Foundation wants open collective bargaining  because they know it will result in stagnation and finger pointing.

What I would commit to is saying, here are the things that I would want to see as part of a collective bargaining process: Be transparent with the public about how we’re going to hold folks accountable, how we’re going to create trust, and then be honest about what actually happens post-negotiations. The other thing I’ve said is, in addition to what the [Community Police Commission] has called for, which is the inspector general being in the room, the Office of Police Accountability being in the room, and CPC being in the room, I want there to actually be a community member at the table.

ECB: Are you talking about this community member being an observer or an active partner in contract negotiations?

TM: An active partner. I would like to see somebody sit in for the duration of the negotiations and be an actual part of the negotiations. Obviously, there’s things that come with that we need to be confidential and we need to be very respectful of the negotiating process, but I think we could have one or two community members sitting at the table bargaining in good faith. I think it can help us get to a base of trust.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue doing interviews like this one, which take an average of about 8-10 hours from start to finish. This site is funded entirely by contributions from readers like you. Thank you for reading, and I’m truly grateful for your support.

The C Is for Crank Interviews: City Attorney Candidate Scott Lindsay

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Scott Lindsay, the onetime public safety advisor to former mayor Ed Murray who is challenging City Attorney Pete Holmes, was in the news a few weeks ago for leaking draft legislation that would offer limited amnesty from fines and impoundment to people living in cars and RVs and create dozens of small safe lots for people to park their vehicles around the city. Lindsay released an early version of the bill, sponsored by city council member Mike O’Brien, last month, forcing O’Brien to quickly amend and release the proposal and to hold a hasty press conference to walk back some of the more controversial elements of the draft Lindsay leaked. Lindsay’s reputation as the guy who defended Murray’s encampment sweeps, and his efforts to kill legislation reviled by neighborhood activists, like O’Brien’s RV bill, helped earn him the endorsement of the Seattle Times, which effused about his “tougher,” “stronger,” more “aggressive” approach to homelessness and drug addiction. But Lindsay has also won endorsements from onetime Holmes supporters like Harriet Walden and Lisa Daugaard, two members of the Community Police Commission and longtime advocates for police accountability and reform. The CPC soured on Holmes when he proposed delaying police reform legislation earlier this year.

I sat down with Lindsay at Cupcake Royale in Madrona.

The C Is for Crank [ECB]: When we set up this interview, you said you could make a strong case that people who lean further left should vote for you. From what I’ve seen so far, most of your support has been coming from the right, from places like the Seattle Times editorial board and neighborhood groups like Safe Seattle. If you’re the candidate for the left, why are those groups so convinced that you’re their guy?

Scott Lindsay [SL]: I have no idea what their impressions are. I’ve clashed in very public ways with them. What makes me different, and maybe what they might find attractive, is, I’m willing to go talk to them, and I’m actively trying to convince them that fighting supervised [drug] consumption [sites] is maybe not the smartest use of their resources. The thing that also may differentiate me is that I do think we have some public safety issues in the city of Seattle, and I’m willing to acknowledge that. I think  we’ve heard a lot of talk about a progressive approach to public safety. We have not seen action and we have definitely not seen results, and I’m a guy who is going to not only say it but do it.

ECB: What are some of the places where we haven’t seen results?

SL: Holmes, and in fact all of the Seattle political establishment, talks as if we have implemented significant criminal justice reforms in Seattle when we’ve not. We’ve not. The [Law Enforcement Assisted Diversion program has been in existence for five and a half years, and it’s barely grown outside of downtown into Capitol Hill. [Eligibility for LEAD] has not yet expanded out of the narrow classification of [criminal] charges that we started with. That program is touching just some tiny portion of the population that actually needs it. Holmes says that the cosponsored LEAD, but I haven’t seen any evidence of his engagement over the last three years. We’re not delivering on that program. We’re not delivering on  criminal justice reform within the court  system. And so the result is, people are cycling through the system repeatedly, and reoffending to a significant degree.

ECB: What do you say to neighborhoods when they’re already worried about Navigation Centers bringing more homeless people into their communities? It sounds like you’re saying to them, ‘We’re going to take people directly out of jail and bring them into your neighborhood.’

SL: Well, they’re going directly out of jail and into your neighborhood anyway.

What I told the Seattle Times is, I laid out a specific plan and I said we need to address the intersection of criminally involved individuals who are suffering from addiction and suffering from homelessness. And I brought to them specific data about how that population makes up the bulk of people currently being prosecuted by the city attorney and how we’re getting very crappy results in terms of trying to change the behavior of that population.

ECB: Do you believe that the population of homeless people with addiction is primarily responsible for crimes like car prowls and break-ins?

SL: Absolutely.

ECB: What makes you so confident?

SL: Because that’s what our data tells us, and that’s what our police tell us, and that’s what our courts tell us. Go to SPD and they will say that virtually 100 percent of the car prowls in the North Precinct are committed by people whose underlying issue is addiction, principally heroin and methamphetamine.

ECB: I find addiction as a contributing factor easy to believe. What I don’t know, and what I’m asking, is how many of the people committing property crimes are homeless. I have heard many people in the neighborhoods express the opinion that by cracking down on homeless people, the city will solve the problem of property times, and I’m wondering if you think that’s true.

SL: I am the first to say that we are not talking about all homeless. The county has done good work on this. What we know is, it’s people with addiction and who are unsheltered who are currently going through  the system. That does not mean that the vast bulk of homeless individuals are criminally involved or that they’re struggling with addiction, but the folks who are in the  criminal justice  system are very substantially homeless and suffering from addiction.

This is our status quo—the streets-to-jail cycle—right now. We’ve got a lot of folks who are coming out of the criminal justice system right back onto the streets, right back into homelessness, right back into drug addiction. So we have to go and do proactive outreach to folks where they are. The Navigation Team is a form of proactive outreach that’s trying to find low-barrier housing and services for folks to get them out of the cycle before they enter into  criminal justice  system.

The second [intervention] is diversion after arrest. That means expanding LEAD citywide and expanding the total number of qualifying crimes for LEAD. If somebody’s committing a car prowl right now, and they are arrested right here, and their underlying issue is addiction and homelessness, that would be a perfect client for LEAD. And yet because we’re outside of the geographic boundary [of LEAD] and car prowl is not a qualifying crime, they are not eligible to be diverted. Then, if we arrest somebody whose underlying issue is addiction and homelessness [and the case goes to court], we should tie that judge into the Navigation Team, into LEAD, and have, in effect, a street court that is oriented around a harm reduction approach.

And then, in jail, we have to have treatment options. The second somebody on a Seattle Municipal Court charge is booked into a jail and if they [have heroin] addiction,  we need to be offering them counseling and, if not methadone treatment, which can be more involved, then at the very least suboxone.

And finally, we need to have a serious warm handoff. Instead of pushing folks [leaving jail] out onto the street who we know came in homeless, came in with addiction, let’s crate warm handoffs, all tied into the Navigation Center and the Navigation Team.

ECB: So is idea they would exit jail and go straight into the Navigation Center?

SL: I think so, yes—or in a setting similar to the Navigation Center facility.

ECB: It seems like that would require a scaling up of our shelter facilities that isn’t anticipated in the Pathways Home plan (which proposes a shift from shelter to permanent housing) or in the city budget.

SL: This is a four-year plan, but absolutely, if we’re going to be serious about these things, we need to have a vision, have an architecture, and then fund these things appropriately.

ECB: What do you say to neighborhoods when they’re already worried about Navigation Centers bringing more homeless people into their communities? It sounds like you’re saying to them, ‘We’re going to take people directly out of jail and bring them into your neighborhood.’

SL: Well, they’re going directly out of jail and into your neighborhood anyway. And so the question is, can we do something to reduce the impact of that? We already have a lot of transitional and halfway housing around Seattle. We’ve been able to manage this in the past. The Navigation Center is a temporary way station on the way toward, hopefully, more permanent options.

ECB: Would you have released the draft [of Mike O’Brien’s RV legislation] if you were city attorney?

SL: Not if they were seeking my attorney-client privileged legal advice.

ECB: What if they weren’t, and you just didn’t like a piece of legislation and you wanted to slow it down?

SL: I think the city attorney should speak publicly on issues of significant importance to the city.

ECB: Why did you leak O’Brien’s RV legislation—or do you dispute the term ‘leak’?

SL: I dispute the term ‘leak.’

ECB: Okay, how come?

SL: So O’Brien had created his [vehicular living task force]. They’d made their recommendations in April. He then worked up the legislation and his office spread it to a lot of stakeholders. They briefed it to some other council members. They briefed it to city departments. And it spread to series of stakeholders. His office then put out an email out 15 to 20 stakeholders that they were introducing that version of the legislation imminently and it was in the law department for a final review—with minor revisions, but they made clear that it was final. That version of the legislation was in the hands of 50 to 100 people. It was not closely held. In that email, they said, we are introducing it imminently and we’re going to have two hearings on it his month and vote it out of committee right after Labor Day. It was a very truncated legislative process right in the middle of August, when a lot of people aren’t paying attention. That had me very concerned, because I thought the legislation was deeply flawed in a legal sense and a policy sense, and that O’Brien was going to try to shove it through at the wrong time. I wasn’t going to do anything with it until his office said they were introducing it imminently. Once they said they were doing that and on such a truncated timeline, I made it public.

ECB: Would you have released the draft if you were city attorney, rather than a candidate for city attorney?

SL: Not if they were seeking my attorney-client privileged legal advice.

ECB: What if they weren’t, and you just didn’t like a piece of legislation and you wanted to slow it down?

SL: I think the city attorney should speak publicly on issues of significant importance to the city. I have very specific experience with this. I was the guy who created the RV safe lots [a safe RV parking program that the city abandoned after deciding it cost too much.] I tried to make those work. I saw what the challenges were. So I have experience. I’ve also seen how Mike O’Brien’s program, Road to Housing, which we spent several hundreds of thousands of dollars on, was a serious flop. [Road to Housing was a program that encouraged churches to allow people living in vehicles to park in their lots. Ultimately, it only created a dozen safe parking spots]. So I’m not coming at this as, ‘Oh, I got a special document and I’m just going to throw it out there.’

“They had a small group of investigators that were able to make sure the domestic violence cases were able to be filed right away. Holmes says domestic violence is a top priority, but he took away these investigators. SPD’s domestic violence unit is telling me, ‘Here’s why we’re getting shitty results out of our domestic violence cases.'”

ECB: Why did you think O’Brien’s plan wouldn’t work? What was the issue?

SL: I think the blanket amnesty [from fines and towing] is just a very legally problematic policy. The thought that we could create 50-some safe lots is unfortunate—it’s counterproductive because we already have experience with this. At the end of the day, what we found was that trying to serve people in their vehicles and to help them stay in their vehicles is the most expensive way to try to service this population.

ECB: So what is a more effective and affordable solution?

SL: I think we need to vastly ramp up the outreach, and outreach to somewhere. Just going and sending an outreach worker alone and cold to a situating and saying, ‘Hey, would you like services?’—the answer is almost always ‘No, thank you.’ Having a police officer try to resolve the legal issues and the social and health issues at the same time is a more effective model.

ECB: You said that ‘blanket amnesty’ isn’t workable from a legal perspective. It seems to me that from a ‘managing homelessness’ perspective, towing people’s vehicles away isn’t working either, since they go from being homeless people in cars to being homeless people in tents and doorways.

SL: There’s a way to do this with appropriate controls and forgiveness, where we say, if your vehicle’s broken down and you received tickets and all you need is $250 for a new starter, we’re going to forgive the tickets and we’ll help you with the starter, but you have to get your vehicles back into basic legal compliance. We absolutely should not be towing somebody’s vehicle away if it’s just a matter of some basic economics. At the same time, to say that there’s blanket amnesty if you’re living in a vehicle creates a whole host of significant issues.

Go under Spokane Street. We had massive fire hazards. We had major public health problems. We had widespread exploitation of women. We had serious drug dealing and other issues. And we had a homicide just three weeks ago. How is the city going to manage the impacts of significant accumulations of vehicles in one location if there’s a blanket amnesty?

ECB: Let’s shift gears and talk about domestic violence. You accuse Pete of declining to file more DV cases than any city attorney in recent history. His counter is that he’s been boosting more DV cases to felony status, which goes through the county court system, and that the number of DV cases that come before the city attorney are cyclical. How do you respond?

SL: The decline rate, at which they refuse to file cases up front, is 65 percent. That is the highest that it’s been in Seattle’s history. In 2009, it was under 50 percent. So, per the city attorney’s own stats, they are declining to file more cases than they ever have in the history of Seattle. [Ed: The city attorney can decline to file a domestic case for prosecution for many reasons, including a victim who is unwilling to testify, incomplete or unclear paperwork, or an accuser who decides it’s safer not to press charges; charges that are boosted to felonies also show up as declines].

One of the major problems is that Pete Holmes has been shuffling and reshuffling the criminal division and moving people around. They had a small group of investigators that were able to make sure the domestic violence cases were able to be filed right away. Holmes says domestic violence is a top priority, but he took away these investigators. SPD’s domestic violence unit is telling me, ‘Here’s why we’re getting shitty results out of our domestic violence cases.’ It used to be the case that when there was some missing information, the investigators would complete that—no problem, it’s a little Google search, boom, complete. Now the city attorney’s office says, ‘Okay, SPD, this case isn’t ready to file,’ and they send it back to the officer who’s out on the street. And that officer may be on vacation, or maybe he has a really full workload. Maybe it gets pushed to the back of pile, and they maybe complete it a week, two weeks later. The case gets more and more stale.

Domestic violence cases are hard, but they haven’t fundamentally changed in the last 30 years, and Holmes has a burden to explain why, if you are an abuse survivor in the city of Seattle, the prospect of you making it through  this process and holding your abuser accountable is slim to none. He says it’s a priority. Those numbers don’t show that. Those numbers show that, in fact, we are badly failing survivors.

Read my pre-primary interview with Lindsay, where we discussed even more issues, including the role of the Community Police Commission in police reform, here; and check out both my recent conversations with City Attorney Pete Holmes here.

The C Is for Crank Interviews: City Attorney Pete Holmes

Image result for pete holmes city attorneyCity attorney Pete Holmes was first elected in 2009 as a reformer. A bankruptcy attorney who advocated for marijuana legalization and was one of the original members of the Office of Professional Accountability Review Board (OPARB), the body that reviewed disciplinary decisions in police misconduct cases, he challenged then-incumbent Tom Carr from the left, assailing Carr for cracking down on minor crimes like pot possession and waging war against bars and clubs while letting DUI and domestic violence cases molder. Now, Holmes’ challenger, Scott Lindsay, is ripping some pages from the city attorney’s own playbook, accusing him of allowing domestic violence cases to founder, ignoring crimes committed by homeless people and people with substance use disorders, and failing to implement criminal justice reform.

I sat down with Holmes last month to discuss his record, Lindsay’s accusations, and issues ranging from health care to homeless RV residents to downtown disorder.

The C Is for Crank [ECB]: Your opponent, Scott Lindsay, has accused you of deprioritizing domestic violence cases in your eight years in office, pointing to stats that show a steady decline in the number of cases filed. How do you respond to this allegation?

Pete Holmes [PH]: That is simply, unequivocally wrong. And it’s unfortunate because, without getting defensive, it is quite easy for someone smart like Scott to take the stats out of context and give them a spin that is at best misleading and at worst, intentionally creates a completely false impression that is, in fact, diametrically opposed to what my policies are and what the performance has been. In truth, domestic violence referrals from SPD, as well as [case] filings, have been cyclical. They have gone up and down over the last 10 years.

What happens immediately in every case is that advocates reach out to the victim and assess whether or not a case needs to be filed. Sometimes the victim doesn’t want it to happen. What’s best for the victim is always assessed early in a case. Frankly, we’re making better decisions [on which cases to file.] A referral to the county for prosecution as a felony case, instead of  filing as a misdemeanor, will show up as a decline. That’s really what a really good  domestic violence section does, is to do triage. We don’t have the resources to file every case, nor would you want to.

If there is a follow-up investigation required for a misdemeanor, there are next to no resources available for that. In fact, for years, SPD had no detective support whatsoever for any misdemeanor  domestic violence referrals. So, in other words, whatever the patrol officer got that evening on response is all we have. Today, as we speak, we have one [full-time] detective at SPD that’s handing an average of about 1,500 cases. And this is not a criticism of SPD. They’re managing resource problems in the same way that we are. They do have a team that’s dedicated to felony domestic violence investigations. If it’s a felony, they get full backup support, and we have to get in line and wait. So that’s why our triage is even more important. This is something that I have talked about with every police chief since chief [John] Diaz: ‘Please make sure that this stays on your radar. We need misdemeanor support.’

“I know that the one thing even council members with whom I have had strong disagreements over the years, and there have been many will, tell you is that even when they’ve disagreed with Pete, they have never feared that Pete is going to somehow rat them out or put them in a false light.”

ECB: And nothing has improved since Diaz?

PH: Well, it comes and goes. The domestic violence unit under Captain Deanna Nollette is hugely supportive. It’s not a criticism. I recognize that we’re all struggling to get the job done, and we’re always using triage. That’s true with SPD as well as our office.

That’s the other thing that’s so disappointing when Scott pulls these stats and does not give the full story. This shouldn’t be a finger-pointing exercise. When you go public with stats like this, it’s not unlike if you leak an early draft of an ordinance. [Lindsay released an early version of city council member Mike O’Brien’s legislation creating protections for people living in their vehicles.] That’s not a good way to encourage collaboration.

ECB: Since you brought it up, what do you think was the impact of Scott leaking the RV legislation?

PH: That’s a great question for you to ask the council members. I know that the one thing even council members with whom I have had strong disagreements over the years, and there have been many will, tell you is that even when they’ve disagreed with Pete, they have never feared that Pete is going to somehow rat them out or put them in a false light. Because all these things have a lengthy, deliberative fact-gathering process, and arriving at the best policy is not waking up one morning and saying, ‘We should have an ordinance that says this.’ It’s going, ‘This is a problem. How should we address this?’ And you go through a lot of iterations. I don’t want to get in [O’Brien’s] head and say whether he felt pressured to get it out, but I don’t see how it was avoidable, frankly. And that’s why you shouldn’t do attention-grabbing stunts like that, especially if you’re going to be an ethical lawyer. That is precisely the wrong way to have a mature debate about a lightning-rod issue. If you want to throw red meat, if you want play on people’s fears and prejudices and anger, that’s Page 1 in Donald Trump’s playbook, and it only lends itself to poor, poor policy making.

ECB: What do you think of the legislation itself, which proposes opening dozens of small lots for people living in their vehicles and granting amnesty from parking tickets and fines for people living in their vehicles who agree to participate in a program?

PH: I’m not going to comment on that, except to say that under Scott’s tenure, the executive tried the approach of having these car camps, these designated parking spots, and I think the results speak for themselves on that. [The city abandoned the “safe lot” and “safe zone” program after concluding that the “safe lots” cost too much and the unmonitored “safe zones” resulted in too many public safety risks]. It doesn’t mean the problem went away. There are litter and human waste issues. The allegations of criminality at least have to be investigated. But when you ask people, ‘What would you like to do?’ that’s when usually people start to be quiet and say, ‘Well, seriously—is the tow truck driver going to tow away the camper that’s got a family in it?’ Perhaps there are some really hardened tow truck drivers who will do that, but are you comfortable with that if you’re in the position of authority and authorizing that?

“If you want to throw red meat, if you want play on people’s fears and prejudices and anger, that’s Page 1 in Donald Trump’s playbook, and it only lends itself to poor, poor policy making.”

So, a, the problem hasn’t gone away. B, the only thing you can do is to attempt to address it. And c, when you criticize early efforts in that way, especially in this office, it is so wrong-headed. It should be self-evident, but if you are simply walking into a room of people who are angry about homelessness for whatever reason—maybe they feel genuine distress about the plight of the homeless, maybe they just don’t like the blight of their city, whatever their reason, they’re angry about it—having a shouting match is just not going to lend itself to really good decision-making.

ECB: Your opponent talks a lot about how he came up with the idea for Navigation Teams [groups of police and social service providers who offer services before sweeping homeless encampments] when he worked at the mayor’s office. Do you think the teams are an improvement on the way the city used to do encampment sweeps?

PH: To an extent. I certainly have been impressed by the officers and the teams that include social service providers. That has been a much better response than the status quo, which was: Send out a cop to make an arrest. They are now actually engaged in bona fide problem-solving. I think it’s the right approach. But the big question is, are there sufficient resources for the Navigation Team to refer people to, and that’s always going to be the question.

There is also an issue about how the resources of the executive compare to the resources of the city attorney. If you’re running for this office, you need to make sure that you correct any misimpressions about just what it is you can do. You can promise that you’ll cure rain in Seattle. It does beg the question, how are you going to do that? It seems like [Lindsay] really got ahead of himself and doubled down when he said [to the Seattle Times editorial board] that he was the only person in the mayor’s office working on homelessness. That’s not true on its face, and it ignores that the mayor is the executive who appoints all the department heads—like human services, like SDOT, like the chief of police. All of those are subject to mayoral direction and that includes spending of resources the actual general fund. So the city attorney, in that case, is very much in a supportive role.

I think the city attorney’s role is also to say, ‘I’m sorry, Mr. Point Person for the Mayor [Lindsay], if you’re going to use prison labor to clean up an unauthorized encampment, that is a nonstarter from a liability perspective. I would like to think that you have enough just social justice chops in your body to understand that that’s a stupid thing to do—a heartless thing to do—but if you don’t, here’s the legal analysis. If one of these guys gets pricked by a used needle without the proper equipment by a used needle we are on the hook. So if you don’t understand common sense, here’s a legal analysis for you.’ That’s what the city attorney does.

ECB: What do you think of the merits of the lawsuit against Initiative 27, which would ban supervised consumption sites throughout King County?

PH: I can’t get into [the merits] because I’m looking at a response right now to the initiative. But it’s completely wrongheaded policy, and it’s an example of what I’m talking about. What’s disappointing about my race is that Scott is effectively playing into that same angry narrative. He is going after the people who want to just call a cop and ‘clean up these people, clean that tent, send these people packing on their way. What do you mean you’re going to allow people to shoot up? Are you crazy?’ And these are people that have done zero research, have probably next to no public health qualifications, and it is emblematic of how we backslide.

We do, at best, an ineffective job of trying to get policy headed in the right direction—that is, a public health approach to a public health problem. I think Scott is playing into that, and that is so disingenuous. It’s so cynical. That approach is simply going to mean that, well, the pendulum may just swing back the other way, which is, call the cops. Maybe we’ll renew the debate over whether we should have a  municipal jail, because there are consequences to every policy decision you make. So if we decide we’re going to go back to a law enforcement approach, a  criminal justice approach, to a public health problem, then you’re going to overtax the criminal justice system. You may find us having a difficult time maintaining the reforms under the federal consent decree when you start asking cops to go deal with addicts. That approach has failed. We can’t have backsliding right now, and the thing that’s going to make us most susceptible to backsliding right now is pandering.

“I think the city attorney’s role is also to say, ‘I’m sorry, Mr. Point Person for the Mayor [Lindsay], if you’re going to use prison labor to clean up an unauthorized encampment, that is a nonstarter from a liability perspective.”

ECB: Are the existing therapeutic courts sufficient to deal with all the people coming into the criminal justice system needing help with mental illness and addiction?

PH: Anything that is resource-oriented is insufficient. I can tell you, we simply don’t have enough resources. The criminal justice system is a bad place to deliver public health services. That said, there aren’t enough resources that we actually can refer people to and say instead of going to jail, I’m going to refer you to counseling or inpatient treatment or whatever. We can only do that now if we invoke the involuntary commitment act, where you’ve actually got someone who is not competent to stand trial and is a danger to themselves or others.

The preference would be that we upstream all these things and avoid the criminality in the first place. That’s the problem. Say you’ve got someone who’s not a criminal, who’s an addict, or you’ve got someone who’s mentally ill, and then we try to say, ‘Well, we’re going to force you to get that treatment.’ We obviously need to do that when that’s the only option we have, and we need more resources to do that, but where I struggle and where the policy debate needs more calm discussion is, how are we going to allocate more policy resources upstream? Every time you say, ‘We’re going to call the cops and make an arrest,’ that’s some money that can’t go upstream. The pie ain’t getting any bigger.

“We can’t have backsliding right now, and the thing that’s going to make us most susceptible to backsliding right now is pandering.”

ECB: What would you consider to be upstream of even programs like [Law Enforcement Assisted Diversion, the pre-filing diversion program for low-level offenders] or arrest?

PH: It would be wonderful if we had universal health care, but if we were able to do as much as we can to compensate for the lack of universal health care, that alone would be a huge  public safety advance.

ECB: Would you support a program along the lines of Healthy San Francisco, which provides health care to people who don’t qualify for Medicaid but also can’t afford or access insurance?

PH: Again, it begs the resources question. It’s going to cost money. Obviously, it makes sense to me, because it’s going to get you the better solution, but I can just sit here and hear the counter-arguments—that, ‘Oh, it’s Freeattle all over again. You’re going to offer these services and attract more people.’ That’s going to be the debate, and it’s going to be so unhelpful. The role of the city attorney  is to make it more likely that that debate is going to happen and happen in a productive way, and I would support having that debate.

Read my pre-primary interview with Holmes, where we discussed even more issues, including encampment cleanups and the role of the Community Police Commission in police reform, here.

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