Morning Crank: “Unacceptable By Any Measure”

Image result for escalator broken temporarily stairs

1. At Sound Transit’s board meeting Thursday, agency CEO Peter Rogoff said the 40-minute waits many commuters experiencing when escalators at the University of Washington light rail station stopped working last Friday were “unacceptable by any measure.” Sound Transit wouldn’t let commuters use the stalled escalators as stairs—a common practice in other transit systems across the country—because they said the variable stair height on the escalators could result in people tripping. “This resulted in painfully long lines for our customers and rightly resulted in numerous customer complaints,” Rogoff summarized, adding that Sound Transit staff would come back to the board’s operations and administration committee with a set of “remedies” on April 5.

At the same meeting, board members also approved a set of performance objectives for Rogoff, including the development of a “Leadership Development Plan” for Rogoff in collaboration with a panel consisting of board members Nancy Backus, Paul Roberts, and Ron Lucas—the mayor of Auburn, mayor pro tem of Everett, and mayor of Steilacoom, respectively. The board mandated the plan at its last meeting, after (mildly) chiding Rogoff for his alleged behavior toward agency employees, which included looking women up and down and giving them “elevator eyes,” using racially insensitive language, shoving chairs, and yelling and swearing at employees. At that meeting, the board declined to give Rogoff a $30,000 bonus but did grant him a five-percent “cost-of-living” raise, bringing his salary to more than $328,000.

Several board members, including Seattle city council member Rob Johnson, expressed concern about a potential lack of transparency around the development of the plan, but no one raised any objections over the adequacy of the guidelines themselves, which include vague directives such as “Continue to enhance leadership skills, including the areas of active listening, self-awareness, and relationship building” and “develop specific action plans, performance expectation targets, and measurements to improve leadership abilities in these areas.” Last month, Johnson and Mayor Jenny Durkan were the only votes against the plan for Rogoff’s rehabilitation, which they both deemed inadequate given the seriousness of the allegations against him.

2. A petition to begin the process of removing Bailey Stober as chair of the King County Democrats has enough signatures to move the process to the next step: Holding a meeting of all the precinct committee officers (PCOs) in the county to vote on whether to remove Stober, who is under investigation for allegations of sexual harassment and financial misconduct. However, dozens of PCOs who have been appointed but not yet approved by Stober may be unable to vote, including nearly a dozen “pending” PCOs who have signed an open letter calling on Stober to resign.

On Monday, the group’s executive board agreed to hold a meeting to discuss the financial misconduct allegations against Stober; the petition will be presented at that meeting. On Tuesday, Stober said he planned to make an “announcement pertinent to our organization” during his report at the beginning of the meeting. Some in the group have speculated that he may attempt to present “evidence” in a separate harassment case against him that would cast his alleged victim—a former employee whom Stober fired—and her supporters in an unflattering light, and then resign.

One hundred twenty-two appointed PCOs remain in “pending” status waiting for Stober to sign off on their appointments, which is one of the duties of the King County party chair. Some have been waiting for more than a year for Stober’s approval.

3. Meanwhile, Stober has lost his legal representation in a separate case stemming from alleged campaign-finance violations in his 2015 run for Kent City Council.  The firm that was representing him, Schwerin Campbell Barnard Iglitzen & Lavitt, filed a petition formally removing themselves from the case on March 8. The state Attorney General’s Office (AGO) has been attempting to get documents from Stober for nearly a year in a case related to two citizen actions filed by conservative activist Glen Morgan; the first accuses Stober of using campaign funds for personal use and other campaign-finance violations, and the second alleges that Stober campaigned for other candidates on public time (in his role as King County Dems chair) while on the clock as spokesman for King County Assessor John Arthur Wilson. Last June, the AGO issued a press release announcing it was seeking an order forcing Stober to hand over the documents; although that request was granted, subsequent court records reveal that the AGO was (at least initially) unable to serve Stober at his home (where the lights were on and a car was in the driveway but no one answered) or his office (where the process server was told Stober was on vacation.)

Dmitri Iglitzen, a partner at the firm, declined to comment on why his firm decided to stop representing Stober, citing attorney-client privilege, but did say that the firm has “at no time billed King County Democrats (or any other entity) for legal services related to our representation of Mr. Stober” and “at no time has provided legal services to Mr. Stober on a pro bono basis.” In other words, Stober was (or was supposed to be) paying them for their services. Iglitzen declined to say whether nonpayment was an issue in his firm’s decision to cut ties with Stober.

Stober, who ran for the Kent Council three times, has already been fined $4,000 for campaign disclosure violations related to his 2011 and 2013 campaigns for the position.

4. On Wednesday, the city council’s Planning, Land Use and Zoning committee finally approved legislation that will lift parking mandates, require more bike parking at new buildings, and require developers of large buildings to “unbundle” the cost of parking and rent by charging separately for each, on Wednesday, although one controversial provision will be back on the docket at Monday’s full council meeting.

Council member Lisa Herbold raised objections to several changes made by the legislation, including the unbundling provision (she worried that renters would choose not to rent parking and just park on the street); a new definition of “frequent transit service” that allows apartments without parking within a quarter-mile of bus routes that run, on average, every 15 minutes; and a provision removing parking mandates for affordable housing and one lowering the mandate for senior housing.

Most of Herbold’s amendments were unsuccessful, although she did manage to pass one that will impose a special parking mandate on new buildings near the Fauntleroy ferry dock. (Council member Mike O’Brien voted against that proposal, arguing that that there were ways to prevent ferry riders from parking in the neighborhood that did not involve requiring developers to build one parking space for every unit so close to a frequent bus line, the RapidRide C). When the full council takes up the legislation Monday, Herbold said she plans to reintroduce just one amendment: A proposal that would allow the city to impose “mitigation” requirements under the State Environmental Policy Act on new developments in neighborhoods where more than 85 percent of parking spaces are routinely occupied. Those measures could include site-specific parking mandates or provisions barring renters at a new development from obtaining residential parking zone permits to park on the street (currently, RPZ permits are available to all city residents.)

Both Johnson and O’Brien objected that the purpose of environmental mitigation under SEPA is to mitigate against the negative environmental impacts of projects, not build new parking lots for cars. O’Brien pointed to the well-documented phenomenon of induced demand—the principle that adding more parking spaces or highway lanes simply leads people to drive more. Herbold countered that driving around searching for parking has an environmental impact, an argument that equates the minuscule climate impact of circling the block for a minute to that of purchasing and driving a car because your neighborhood has plenty of free parking. “We should be reverse engineering” our existing urban landscape, Johnson argued, “and requiring more green space instead of more asphalt.”

The council will take up the parking reform legislation, and Herbold’s amendment, on Monday at 2pm.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! 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 time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: “Sound Transit Is Not Felt To Be a Safe Workplace”

1. Sound Transit CEO Peter Rogoff escaped serious reprimand on Wednesday for alleged behavior toward agency employees that included looking women up and down and giving them “elevator eyes,” using racially insensitive language, swearing at employees, and using an abrasive style that both the public memo on the investigation into his behavior and King County Executive Dow Constantine described as “East Coast” (whatever that’s supposed to mean). With only Seattle Mayor Jenny Durkan and Seattle City Council member Rob Johnson dissenting (because they believed Rogoff’s punishment was insufficient), the board voted to require Rogoff to create a “leadership development plan” to improve his listening, self-awareness, and relationship building” skills and to  assign a three-member panel, made up of Sound Transit board members, to monitor his progress on the plan for six months.

Durkan skipped the launch of an NHL season ticket drive and the raising of the NHL flag over the Space Needle to be at today’s board meeting, an indication of how seriously she took the charges. Before voting, Durkan read the following statement:

“The issues raised and on which we were briefed led me to believe the conclusion that these [performance] factors cannot be met, and so I will be voting against this motion. I think the facts that we have been briefed on and the conclusions reached by our Counsel demonstrate that Sound Transit is not felt to be a safe workplace for all employees, that they do not feel that they can act without repercussions, and that there are many who feel that their work is not valued. I am also concerned that the statements that were alleged to have been made by the CEO, and the actions that were raised – raised the issue of racial bias and insensitivity, as well as other workplace harassment issues. I do not believe that these issues have been resolved as completely as indicated by Counsel, and that having three Board Members oversee the daily work of this CEO is not the resolution, and so I will be voting against this motion.”

Neither Durkan nor Johnson had any further comment after the meeting.

The memo on the investigation lays out a few specific examples of behaviors that the investigation deemed inappropriate, including a Black History Month event in 2016 at which Rogoff “reportedly made comments condescending toward persons of color” and a 2017 incident in which he dismissively told a female employee, “Honey, that ain’t ever going to happen” in response to a question. But the memo, and most of the Sound Transit board, is also quick to chalk much of Rogoff’s reported behavior up to difficulty navigating the politeness of Pacific Northwest culture and the fact that the previous CEO, Joni Earl, was so beloved that Rogoff faced built-in challenges from the time he was hired, in late 2015. To wit:

In the meeting, King County Executive Dow Constantine, who was chair of the Sound Transit board when Rogoff was hired, said he talked to Rogoff when he applied for the position and “cautioned him that his directness was going to run up against a very different way of interacting  to which we are accustomed here in the Pacific Northwest, and that he was going to have to modify his manner and understand the local culture if we were going to be successful.” Constantine also described Rogoff as “bracingly direct” before praising his effectiveness.

Rogoff echoed Constantine’s complimentary assessment of his style in his own memo responding to the allegations. In the memo, Rogoff acknowledges (using language that reads a bit like a job applicant saying that his worst flaw is his “relentless attention to detail”) that his “directness and unvarnished clarity did not sit well with some staff” and that he was, at times, “overly intense in articulating my expectations for performance.” Rogoff goes on to explicitly deny some of the allegations,” calling some of the claims made during the investigation “misquoted, misunderstood, mischaracterized or false. I don’t yell at people.  I don’t disparage small city mayors and I don’t shove chairs to make a point,” two incidents that were detailed in the documents released today. “I was shocked to read some of the characterizations on this list.”

A document labeled “Peter Rogoff, CEO ST: Note to file” describes some of those alleged incidents. They include: Directing a staffer to tell Seattle Times reporter Mike Lindblom to “go fuck himself”; yelling over the phone at a staffer in a conversation that lasted from 11pm to 1am; standing up at a meeting and saying “When I give direction, it’s for action, not rumination” and shoving a chair; saying that he “couldn’t give a flying fuck about how things were when Joni [Earl] was here, because she’s not here anymore”; using the term “flying fuck” constantly “to everyone”; and the aforementioned incidents in which he allegedly looked women up and down and gave them “elevator eyes.”

King County Council member and Sound Transit board member Claudia Balducci said after the meeting that she has “seen a lot of improvement” in Rogoff’s behavior. “I think that at least shows that it’s possible, and therefore that we could have a successful CEO. If he can manage people with respect and dignity then I felt he deserves the opportunity.” Balducci disagreed that Rogoff’s management style could be explained away by “regional” differences. “I’m from New York,” she said, and “I think everybody, no matter where they’re from, knows how to be respectful. The things that we were talking about were more than just style.”

Although Rogoff did not receive a bonus this year, he did receive a five percent cost of living adjustment, which puts his salary at just over $328,000.

2. The city’s progressive revenue task force held its final meeting on Wednesday morning, adopting a report (final version to come) that recommends new taxes that could bring in as much as $150 million a year for housing and services for homeless and low-income people in Seattle. Half of that total, $75 million, would come from some version of an employee hours tax; the variables include what size business will pay the tax ($8 million vs. $10 million in gross revenues), the tax rate and whether it will be a flat per-employee fee or a percentage of revenues; and whether businesses that don’t hit the threshold for the tax will have to pay a so-called “skin in the game” fee for doing business in the city. The task force also talked about making the tax graduated based on employer size, but noted that such a tax may not be legal and would almost certainly be subject to immediate legal challenges.

The original memo on the head tax proposals suggests that the “skin in the game” fee should be $200 and that the fee would kick in once a business makes gross revenues—not net profits—of $500,000. During the conversation Wednesday morning, some task force members floated the idea of lowering that threshold to just $100,000, a level that would require many small businesses, such as street-level retailers, to pay the fee, regardless of what their actual profit margins are. However, after council member and task force chair Lorena Gonzalez pointed out that the city has not done a racial equity analysis to see how any of the head tax proposals would impact minority business owners, the group decided to keep the trigger at $500,000 in gross revenues. Additionally, they decided to raise the recommended fee to $395—a number that was thrown out, seemingly at random, by a task force member who called it “psychological pricing” (on the theory that $395 feels like significantly less than $400).

The other $75 million would come, in theory, from a combination of other taxes, some of them untested in Seattle and likely to face legal challenges, including a local excise tax, an excess compensation tax, a tax on “speculative real estate investment activity,” and an increase in the real estate excise tax. Legal challenges could delay implementation of new taxes months or years, and—although no one brought it up at yesterday’s meeting—REET revenues always take a nosedive during economic downturns, making them a fairly volatile revenue source.

3. The Teamsters Local 174 confirmed yesterday that they will no longer allow the King County Democrats to hold meetings at their building in Tukwila, after a contentious meeting Tuesday night that lasted until nearly midnight. My report on that meeting, at which the group decided to extend and expand the investigation into sexual harassment and financial misconduct claims against the group’s chairman, Bailey Stober, is here.

According to Teamsters senior business agent Tim Allen, the decision wasn’t directly related to the allegations against Stober, but had to do with the behavior of some of the group’s members and their treatment of a custodial worker who had to clean up after the group, who may have been drinking alcohol on the premises. “We have standards of conduct that people are supposed to live up to” around how guests treat the building and whether they “treat our [staffers] properly,” Allen said. “They had the whole building to clean, and usually we expect [groups that use the building] to clean up after themselves. Stober, contacted by email, said “I’ve heard varying degrees of that story” (that people were drinking, continued to do so after they were asked to stop, and left a mess), “but I can’t confirm that because I was sitting in the front of the room and have no knowledge of what was happening outside of the room.” Many other local progressive groups, including some legislative Democratic groups, have alcohol at their meetings (many provide beer or wine for a suggested donation), but some venues do not allow alcohol without a banquet license.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! 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 time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: “Debt Is Still Debt.”

Cary Moon and Jenny Durkan at last night’s League of Women Voters forum, which I livetweeted at twitter.com/ericacbarnett.

Editor’s note/correction: I’ve been informed that the Mike O’Brien who commented on Sightline’s website about impact fees is not city council member Mike O’Brien but a different Mike O’Brien. I regret the error and have removed the item referring to the comment, which made an analogy between development and guns.

1. The conventional narrative in the mayor’s race is that former US Attorney Jenny Durkan is the “big money candidate,” backed by big corporate contributions, and that urban planner Cary Moon is running a people-powered, grassroots campaign backed primarily by small contributions from individual donors.

It’s undeniable that Durkan has the support of business (the Chamber) and much of labor (SEIU 775, the King County Labor Council). However, a look at contributions to the two candidates calls the rest of the conventional narrative into question.

According to the Seattle Ethics and Elections Commission, Durkan has received $727,689 in contributions from 3,120 contributors, for an average donation of $234.50. (Contributions are capped at $500). Moon, in contrast, has received just 599 contributions—2,503 fewer than Durkan—for a total of $119,810. Her average contribution is only slightly smaller than Durkan’s, at $200.02. What this means is that not only has Durkan raised about six times as much as Moon, it has been largely in modest (non-maxed-out) contributions, although Moon does have a slightly higher percentage of small (under $99) contributions (about 6.8 percent of donor contributions, compared to Durkan’s 4.5 percent).

Yesterday, Moon’s campaign sent out a fundraising email with the subject line “3 to 1,” indicating that that’s how much Durkan has outspent the underdog candidate by. terms of supporter contributions, though, it’s more like 6 to 1, because Moon has self-financed with $111,521 of her own money. So far, Durkan has contributed $400 to her own campaign.

Durkan’s contributions.

And Moon’s.

2. Moon has proposed speeding up delivery of Sound Transit light rail to Ballard and West Seattle—approved by voters last year as part of the Sound Transit 3 tax package—by using the city’s excess bonding capacity to “help fund Sound Transit 3 (ST3) construction sooner (in other words we will loan Sound Transit the money to move this forward and Sound Transit will pay us back).” That commitment, along with a commitment to find  the money to bury light rail in a tunnel under the Ship Canal and add a (King County Metro) bus rapid transit line linking Ballard and the University of Washington, helped win Moon the support of folks like the Stranger and Seattle Subway, which gushed, “she had us at ‘Speed up design and planning of ST3 to maximize available construction funding,’ accelerate ‘delivery of Seattle projects with City money’ and/or combine that funding with bonding measures” in their endorsement statement.

But Sound Transit has rejected the kind of Seattle-backed bonding proposal Moon is proposing, noting that even if Sound Transit were to borrow money from the city, they would still have to pay that money back, and the revenue package voters just approved does not include the funds to finance the kind of additional debt the agency would need to speed up service in Seattle. In a statement, Sound Transit director Peter Rogoff said that “while Sound Transit can accept funding from third parties, debt that we have to repay is still debt and would count against our agency debt limits.”

“If there is to be any possibility of speeding up light rail to Ballard, two things must happen.  The city must work with Sound Transit and effected communities to identify a preferred alternative alignment no later than early 2019, and the city must eliminate the multiple layers of bureaucratic red tape that slows the delivery of new transit services to Seattle citizens. Sound Transit wrote to the Seattle City Council back in May of 2016  detailing 27 concrete steps the City could take to eliminate unnecessary and duplicative processes to save taxpayer money and deliver projects more quickly. Adopting these reforms is how we can create the potential to expedite the project.”

Most of the steps Sound Transit has proposed involve expedited permitting processes—using the existing environmental impact statement instead of requiring additional environmental reviews, fast-tracking master use permits, and exempting light rail stations from design review during the permitting process, for example.

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.

Morning Crank: The Right Side of History

Peter Rogoff

In the spirit of last Friday’s Morning Crank, here are five things I heard at the Transportation Choices Coalition’s New Year’s transportation forum, held last Wednesday at City Hall. I moderated the panel, which included city council member Rob Johnson, TCC advocacy director Abigail Doerr, King County Council member Claudia Balducci, and Sound Transit CEO Peter Rogoff. In truth, the statements I’m quoting are from Rogoff and Johnson, whose comments dealt specifically with the political situation in Seattle; this is not an attempt to silence Doerr or Balducci, the two other women on the panel, whose thoughts on Metro, transit on the Eastside, and the future of transportation advocacy were cogent and valuable. For my Seattle politics site, though, I’ve focused on the remarks specific to Seattle politics, and encourage you to watch the whole event yourself on the Seattle Channel website; the whole thing runs about an hour.

1. Johnson, on what it will take to ensure that Metro’s expansion of Rapid Ride bus service throughout the city will be true bus rapid transit, not just express buses stuck in traffic: “We need to connect with individuals on the ground about the rationale for why [we’re building Rapid Ride]. I can’t tell you how many times I’ve had a conversation with somebody who articulates their strong environmental values and in the same breath talks to me about how important it is for people to have more parking spaces in the city. We need to do a much better job connecting the values of our city around sustainability, the environment, and race and social justice with the importance of capital facilities like bus-only lanes.

“The 44 is a critical bus route that runs, basically, from the very tail end of Ballard all the way through Fremont, Wallingford, and the University of Washington, and I believe we should be expanding that as a Rapid Ride corridor and running it all the way to University Village. When we do, we’re going to receive opposition not just from the community but from business owners who will say, ‘Taking away a parking space hurts my business. My argument would be that everyone who gets on and off a bus has a wallet too, and they could be spending money in your business.”

“It’s really disturbing for me when I hear somebody talking about how glad they were to see the neighborhood district councils stand up for single-family zoning and then in the next breath disparage the president for wanting to build a wall between the US and Mexico. I see those two things as actually linked.” – City Council member Rob Johnson

2Rogoff, on the long history of collisions, many of them fatal,  between light rail trains and pedestrians in the Rainier Valley—a lower-income area, populated largely by people of color, that is the only part of the regional system where light rail runs primarily at street level: “This is not just a light or rail grade crossing safety risk. It is also, quite frankly, more prominently a pedestrian safety risk. There’s a tendency for people to be walking on the streets looking at their devices with earbuds in their ears and it’s killed a whole bunch of people. It already did. There’s only so much we can do, frankly, for someone who insists on walking singularly focused on their device, with music playing in their ears, when our warnings, our available warnings, in addition to putting down gates to actually block [the crossing] is lights and alarms.” (Rail crossings in the Rainier Valley, it’s worth noting, do not include physical barriers between pedestrian areas and the tracks.)

3. Johnson, on the possibility that the city and county will lose federal funds in retaliation for remaining “sanctuary” jurisdictions that refuse to cooperate with federal immigration crackdowns: “We will fight back against those cuts. There is a strong argument that we can make that says you can’t cut our transportation dollars because of a decision that we make on immigration, but we also are prepared to lose every single penny of those federal funds to make sure that we are a welcoming city.

“The biggest concern for me is watching the appropriation process on an annual basis, making sure that the federal funds that have been allocated to us as a region actually get appropriated to us.”

4. Rogoff, on the possibility that the Trump Administration could cut federal funding, to Sound Transit (Trump is reportedly taking its cues on transportation from the Heritage Foundation, which advocates eliminating federal funding for public transit, and his transportation secretary, Elaine Chao, is a GOP insider who is closely affiliated with the foundation):  “[Trump] said a lot of things, actually throughout the campaign. … There’s a lot of upticks that come with [transportation budget] proposals in some administrations and downticks that come with proposals [in] other administrations, but often Congress levels out the upticks and downticks quite a bit. Congress is going to have to consent to the budget presented by the White House. … I would just say, watch this space and see if their proposals will be as draconian as expected.”

Rob Johnson

5. Finally, Johnson, bringing down the transit-loving, density-friendly house on the contentious University District upzone, which Johnson’s Planning, Land Use and Zoning Committee will discuss tomorrow morning:  “This is about making sure that the council members that represent those districts where we’re going to see long-term investments are also going to be willing to stand up to single-family homeowners who are saying,  ‘Don’t turn my single-family home into a place where you can build a duplex or a triplex.’

“I feel, as the chair of the committee, that it’s my responsibility to make sure that we’re a welcoming city for everybody, and it’s really disturbing for me when I hear … somebody talking about how glad they were to see the neighborhood district councils stand up for single-family zoning and then in the next breath disparage the president for wanting to build a wall between the US and Mexico. I see those two things as actually linked. I see us, as a city, really needing to build more housing for more people, because we’re adding 40 people per day but we’re only building 12 housing units per day, and that’s creating an economic circumstance where lower-income people and middle-income people are being forced out of the city, and I think we need the political will for folks to step in that space and create change for more density around those stations. I firmly believe that. It may result in me only having this job for four years, but if that’s the case, I feel like I’ll have gone down on the right side of history.”