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Seattle City Attorney Annual Report 2014

1 TABLE OF CONTENTS 3 Statement from the City Attorney 7 Precinct Liaison Division 12 Civil Division 29 Criminal Division 42 Administration Division

2 STATEMENT FROM THE CITY ATTORNEY

The first year of my second term as your City finally headed in the right direction. As sister cities Attorney coincided with the first year of Mayor Ed across the country begin just now to grapple with Murray’s first term in office.1 I am proud to have questions raised about American policing in the endorsed Mayor Murray’s candidacy in 2013, and wake of the deaths of unarmed black men in Pasco, have worked hard to ensure that his administration Ferguson, Cleveland, Baltimore, North Charleston has the full support of my office in attacking the and elsewhere, Seattle can be proud of the strides unavoidable learning curve. Interdepartmental made by our police department. collaboration and teamwork have already yielded Citizen Initiatives and Progressives’ significant results. Ability to Govern SPD Reform, Chief Kathleen O’Toole and the DOJ 2014 saw two other, simultaneous developments Consent Decree in Seattle: Citizens filed a near-record number of At about this time in 2014, the Mayor had just initiatives for the general election ballot3, and the announced his choice of Kathleen O’Toole as new Mayor’s consensus-building leadership style. Seattle’s Chief of Police—our fourth chief in the Our office has assisted the Murray Administration past five years. Officially taking the helm on in launching several initiatives using innovative June 23, 2014, O’Toole has begun the process of techniques to arrive at consensus. Seattle isn’t SPD’s cultural and technological transformation alone, for instance, as many U.S. cities have into a modern, effective and constitutional police struggled with the clash between traditional, department. While there is still much work to do, licensed taxi services and new “ride share” I have seen much progress under her leadership technologies such as mobile app-dispatched toward full and effective compliance under the transportation network companies (TNCs) federal consent decree2. In baseball lingo, in Uber and Lyft. City Council had tried to balance selecting O’Toole, the mayor “knocked it out of the equitable and other service concerns between these park.” It has been a pleasure getting down to work competing industries, only to witness continuing with the true professional and command presence competitive strife in our rapidly growing city. that O’Toole personifies. State and municipal laws plainly had not kept up Rather than resisting police reform, 2014 was the 1 Ed Murray is Seattle’s 57th Mayor; I am your 30th City Attorney/ first full year in which Seattle truly embraced and Corporation Counsel. explored the implications of constitutional policing, 2 The original signatories to the 2012 Seattle/DOJ Consent Decree included then-Mayor Mike McGinn, then-U.S. Attorney for the Western informed by the latest best practices. Reports District of Washington Jenny Durkan, U.S. District Court Judge James in 2014 from the federal monitor, Merrick Bobb, Robart, and myself. Only the latter two signatories are still in office. 3 In 2014 there were 18 proposed initiatives, six charter amendments and indicate that while much work remains, Seattle is 1 referendum. Pete with portrait of U.S. Supreme Court Justice Oliver Wendell Holmes in D.C.

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Pete at inauguration rehearsal Pete with newly elected Mayor Ed Murray and City Council members Pete as a panelist at a Seattle Channel show with technology and consumer demand, but with the challenge, and following enactment of the nation’s eliminate potential post-election confusion between support of my office, the TNC task force assembled most aggressive municipal wage hike in history, the the essentially unfunded mandate represented by the by the Mayor helped to strike a balance that enabled inevitable litigation commenced. Defending Seattle’s initiative and the comprehensive measure enacted by Council to enact an improved regulatory framework game-changing $15 minimum wage initiative has been the Mayor and City Council. Voters selected the City’s to level the playing field for both traditional taxi cabs one of the most rewarding but challenging efforts of preferred alternative by a substantial margin. and TNCs. Our office continues to assist regulators to my office. I am proud to have so far fended off the Even now a progressive City Hall is attempting to tackle fine-tune administrative rules, and to enforce both civil most aggressive attack on income disparity ever from what I believe to be Seattle’s most formidable social and criminal penalties against unfair, unsafe outliers. equally aggressive and well-funded legal opposition on and legal problem: the rapidly disappearing supply behalf of franchisees. I share the Mayor’s urgent desire to address economic of affordable, mixed-income housing. As densities disparities in our City. The simple truth is that Most of the legal challenges we defended in support soar through new development, Seattle is exporting Seattle’s return to economic prosperity following of the Seattle Preschool Program, in contrast to its poorer, working residents to South King County the Great Recession is not being shared equally. franchisees’ attack on the $15 minimum wage and elsewhere. Fortunately, the Mayor and Council Seattle’s push to dramatically raise the minimum ordinance, took place even before voters had the recognize the crisis and are looking at all available wage to $15 an hour without inflicting undue harm chance to select between two alternatives on the measures to address the problem. Our land use to the recovering economy presented an enormous, November 2013 general election ballot. Assistant City lawyers are working closely with the legislative and obviously contentious, political and legal challenge. Attorneys had already rendered advice on the City’s executive branches to advance the work of the Housing Our lawyers supported the Mayor’s Income Inequality authority to fund universal preschool programs in Affordability and Livability Agenda (HALA). The sheer Advisory Committee in much the same manner as Washington as Councilmembers examined firsthand amount of money at stake in developing America’s with the Committee on Taxi, For-Hire and Limousine existing programs elsewhere. With our assistance, fastest growing city accentuates the need to get city Regulations. They helped committee members Council enacted a fully-funded alternative to a citizens’ policy right—and that means a solid legal foundation. understand pertinent legal constraints and drafted initiative. Although both progressive measures I believe in the fundamental right to affordable legislation for Council’s consideration—while recognized the value of investing in early childhood housing, and will work hard to make sure that the maintaining strictest confidences to ensure full and education, resources were expended fighting over the City Attorney’s Office is a strong partner in creating unfettered debate over the underlying social and ballot title and in defending my decision to present the Seattle we all want, with shared prosperity. The economic issues. Our Council also embraced the voters with mutually exclusive ballot alternatives—and decisions we make today will leave an indelible mark on

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Pete at the opening of Cannabis City, the first retail Administering the oath of office to assistant City attorneys OPA logo Practice swearing in by City Clerk marijuana store in Seattle Monica Simmons

Seattle for decades to come. It is vitally important that safe Seattle—the economic engine for the state and the marijuana sales—in both open-air drug markets and progressive leaders and activists advance our common entire Pacific Northwest. I’m proud of the groundwork storefronts thinly disguised as medical marijuana values and not work at cross purposes. Now more than by my office some four years ago to craft effective city- “collective gardens.” By the end of 2014, I had drafted ever, the perfect cannot hinder the good. state agreements initially, and continue to advance legal and policy guidance for both the City and the state the work needed with the county and state to complete Legislature to fold medical marijuana into the state- How Progressive Government Should Work: The the project. licensed I-502 system. My Jan. 4, 2015 memorandum Alaskan Way Viaduct Replacement Project and (http://www.seattle.gov/Documents/Departments/ Seawall Replacement Project Marijuana & Drug Policy Reform: Implementing cityattorney/pr/2015Jan05_MarijuanaMemo.pdf ) Some of the biggest challenges facing Seattle at the start I-502 in Washington’s largest city helped to secure much of the needed state law changes of my second term in 2014 were technological; the big- Washington voters knew they were plowing new in the 2015 legislative session. Attention now turns to gest, most obvious example being the stalled tunneling ground in drug policy reform by enacting I-502, efforts in Seattle, where I’m confident our leadership machine known as “Bertha.” When one massive public mandating creation of a completely new, seed-to-sale can show that I-502’s “New Approach” can enhance works project such as the SR 99 tunnel project impacts regulated marijuana supply system amid uncertainty both public safety and social justice, as we increasingly another—the City’s Seawall Replacement Project, for over federal law and an unregulated state medical turn away as a nation from the failed War on Drugs. instance—the potential to compound the loss of public marijuana industry. Unlike Colorado, it has taken more resources requires redoubled efforts by government time for Washington’s system to come on line. I-502 Amendment 19: Seattle City Government will agencies to coordinate activities and keep long-term seeks to beat illegal suppliers in the market place; with be different goals firmly at the forefront. It’s when projects run into just one store open in Seattle by July 2014, however, Seattle is again gearing up for change, with every problems that calm, decisive leadership is most need- it has been difficult to determine how and when to Council position up for grabs in a rare, unstaggered ed. Interagency difficulties and disputes are inevitable, apply traditional law enforcement measures against election. As the result of 2013’s voter initiative, we but with firm leadership at the top of city, county and unlicensed, felony operations flourishing in the face of are already seeing the impact of the return to district state governments, they can be overcome and critical unmet demand. elections for seven of Council’s nine positions. Two infrastructure projects delivered. I embrace the “we’re incumbent Councilmembers, Nick Licata and Tom Our precinct liaison attorneys helped to review all in this together” approach to problem solving that Rasmussen, have decided not to run for reelection; a applications to the state Liquor Control Board, and my never overlooks risk to the City while keeping an eye on third, Sally Clark, has resigned from office. Amid such office advised the Murray Administration on challenges the ultimate goal of an ever more viable, efficient and change and anticipated change, it’s important throughout the City from opportunistic, unlicensed

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Pete and former Attorney General Eric Holder at Justice Department in D.C. to have continuity in the City Attorney’s Office. I Consolidated CAO Offices at Columbia Center— represents a major milestone in taking Seattle’s law pledge to work hard with both returning and newly the lease, the Council vote, and why. firm to the next level. elected Councilmembers to further the work of our I write these words as a consolidated Law Department As Seattle and the rest of America emerge from the municipal government. settles in new offices in Columbia Center, immediately Great Recession, I rededicate the City Attorney’s Office adjacent to City Hall, the Seattle Municipal Tower, Regulatory Enforcement & Economic Justice initiative to the principles of shared prosperity and racial equity. SPD headquarters and Seattle Municipal Court. I In 2014 I began planning for a new unit within the Metropolitan governments like Seattle’s must lead made this decision at a crucial time when favorable City Attorney’s Office to ensure civil, regulatory where Washington, D.C., and Olympia fall short, and lease rates and other terms were available, and am enforcement of both existing city ordinances and new the Rule of Law must be there with our policy makers to proud of the results. In particular, my Administration initiatives like paid sick leave, rental housing inspection, ensure these egalitarian goals are met and secured. Director, Dana Anderson, managed this mammoth and medical marijuana enforcement—to name a few. project from beginning to end with grace and Those plans are almost ready to launch, and promise style; Assistant City Attorney Rebecca Keith did a to provide a more effective clearinghouse for targeted magnificent job preparing a lease that fully protects City enforcement efforts that partner with traditional Seattle City Attorney City interests. I am, finally, grateful for Council’s near- criminal law enforcement. More effective, responsive unanimous support in relocating my entire department outcomes that move us away from an overreliance on into efficient, professional office spacec. I bring SPD resources is our goal. private sector sensibilities to this job, and this move

6 PRECINCT LIAISONS DIVISION

Nora Lincoln NORTH PRECINCT West Precinct (SPOC), providing support as needed, The West Precinct, answering questions from officers and Boy especially Downtown relaying information to other contacts in Seattle, experienced the CAO. Despite the number and size significant growth in of demonstrations, and with the collab- 2014. Precinct Liaison orative efforts of multiple departments, John Union Attorney Dave Lavelle there were comparatively few emer- was assigned to West Precinct in June gency incidents while free speech rights 2014. As the new liaison, he attended were protected. Queen SPD roll calls, community meetings such Throughout the year Lavelle continued as the West Precinct Advisory Council, to support and work with the Center smaller meetings with neighborhoods Charlie City Initiative (CCI) Multi-Disciplinary and individuals, and, with Pete, met with David Team (MDT) to address the individuals larger organizations across the City. WEST PRECINCT Mary causing the greatest concern to busi- EAST PRECINCT Edward Each year over 300 demonstrations nesses and residents. Led by the City’s HEADQUARTERS and events take place within the West Human Services Department (HSD), the George Precinct, from the 2014 Seahawks MDT comprises members of SPD, Parks King Parade to the National Night Out. Department, the City Attorney’s Office, Demonstrations following the grand Metropolitan Improvement District jury decision in Ferguson,MO, resulted (MID), Downtown Emergency Service Center (DESC) and Evergreen Treatment in at least 17 nights and days of demon- William strations towards the end of the year, Services. In a collaborative partnership, the Robert ranging in size from small crowds to MDT develops a plan to engage the indi- vidual in services to provide the assistance several thousand people. To ensure the Ocean safety of both participants and non-par- needed. If these efforts fail, the individual may be prosecuted for criminal behaviors. SOUTHWEST SOUTH PRECINCT ticipants, West Precinct supported Frank these demonstrations at a staffing level With Pete’s leadership, efforts to address PRECINCT ranging from 100 to 400 officers based these complex issues have been extended Sam on information and lessons learned into Seattle Municipal Court where from prior demonstrations. As part of appropriate individuals can be referred to that effort, Lavelle was present and Mental Health Court, Community Court or available to the SPD Operations Center Veterans Treatment Court.

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Cellars in Belltown

With Criminal Division Supervisor worked on a project to compare the cur- and firearms at the location. Acting North Precinct Andrea Chin, Lavelle represented the rent alcohol enforcement laws available in on the request of the City, and after One of the most CAO at the Law Enforcement Assisted the Seattle Municipal Code to those avail- a thorough investigation, the WSLCB significant issues Diversion (LEAD) program meetings. able in the Revised Code of Washington recommended a 14-day suspension of Brendan Brophy The program allows certain crimes to and the Washington Administrative Code. license. Shortly thereafter the license was worked through as be diverted from criminal charges at the As a result, the City Attorney’s Office transferred to new ownership. North Precinct Liaison discretion of the arresting officer when could propose incorporation of several new Attorney in 2014 Civility issues continued to dominate the suspect agrees to engage in social laws in 2014. Based on 911 incident reports, involved a house in many of the community meetings in services such as chemical dependency or community concerns and public safety, the the Haller Lake area that had drawn 2014. SPD deployed a squad of officers, mental health treatment. The collabora- West Precinct was responsible for half of many complaints about suspected drug named the Neighborhood Response tive sharing of information is invaluable in the license objections for the entire City. In activity, excessive garbage and con- Team, with the task of addressing these assisting the CAO in the most appropri- several cases, those requests have resulted stant traffic. The house was functioning issues in the downtown core. As part of ate way to handle subsequent offenses in additional restrictions being placed on as a temporary home for the tenant’s those efforts, Lavelle worked with SPD committed by those already engaged in the liquor license. friends and the yard had become a to streamline filing of charges as a last LEAD. (See the Criminal Division report temporary land fill. Brophy checked At Pete’s direction, after a shooting inci- resort. In one particular case, working for more detailed information about CAO with the City agencies and learned dent in Belltown, the City took the rare with the MDT, an individual refused to participation in this program.) that all of them had already visited the step of requesting an emergency can- accept social services until the CAO house in one form: the Department of The Washington State Liquor Control cellation of a liquor license when it was filed charges for failing to respond to Planning and Development (DPD) had Board (WSLCB) notifies the City of all learned that both the victim and suspect multiple civil infractions. The CAO is completed some cursory inspections; liquor license applications to be within city in the shooting had been armed inside working with SPD and downtown stake- the SPD Anti-Crime Team (ACT) team limits. The City comments in writing to Cellars, the licensed establishment. The holders to employ individualized, grad- was watching the house carefully for WSLCB on new applications and license City also learned that several underage uated approaches to addressing civility drug activity; and the SPD Community renewals. West Precinct continues to pro- individuals had been inside the establish- issues, using criminal charges only as Police Team (CPT) had contacted the cess well over 400 liquor license applica- ment in violation of WSLCB rules. To sup- a last resort where outreach and civil residents of the home, warning them to tions and special event license applications port its position, the City noted there had enforcement do not address ongoing get into compliance. each year. During the summer, Lavelle been several incidents involving assaults chronic issues.

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Haller Lake house

While many people claimed that resi- be removed from the home through the next week, Brophy visited the home with Corps to confirm they had the tools, dents of the house were trespassers or eviction process under the Residential officers and the home owner, verified namely a large dumpster, standing by to squatters, there was no indication that Landlord Tenant Act. that the tenants had not yet vacated. clear the garbage off the property. the home had been previously boarded Just as this information came together, As eviction day grew closer it became Finally, on Sept. 18, all of the agencies up or abandoned. The next step was to the Haller Lake community held a evident that removing the tenants headed out to the property for the 10 find out if they were legal tenants; to meeting. Brophy explained the differ- would not solve all the problems. Land a.m. eviction. When they arrived, the determine that, Brophy worked with SPD ences between tenants and trespassers Use Section attorney Tamera Van Ness Conservation Corps was set up and to find out who owned the property. An and discussed why the property did not pushed DPD to issue a citation and ready to go with a large dumpster and officer tracked down the owner but we amount to a chronic nuisance property. expedite the abatement process to clean a back hoe. The eviction went smoothly also learned the property itself was tied Everyone at the meeting, with their up the house. Once the citation was and the tenants left peacefully. Then the up in a bankruptcy declaration. Despite new understanding of the home’s legal posted, the owner consented to a volun- cleanup frenzy began, and by 3:00 pm the legal proceedings, the owner had status, took up a collection to assist tary abatement. This allowed the City to the place was unrecognizable. The most maintained legal ownership of the prop- the property owner in hiring a landlord have the property cleared immediately gratifying part for the public servants erty, but thought she had relinquished tenant attorney to file eviction proceed- after the eviction. involved was seeing how grateful all the property in bankruptcy. ings against the occupants. They man- the neighbors were to finally have the In the weeks leading up to the eviction The owner, who had relocated to aged to collect over $1,000 on the spot. property cleaned up and the problem Brophy worked closely with SPD to California, had stopped monitoring the tenants gone. By mid-August, the owner of the home make sure all the pieces were in place. property. The last action she took was had hired an attorney, who was well He maintained contact with the sheriff’s Brophy also provided planning and to lease the home to the current tenant’s into the eviction process. The owner deputy to ensure all parties would be on-site advice for several special brother. The current tenant had moved had already served the required notices present as required. The owner, with events held in the North Precinct, in with his brother shortly after it had on the tenant and filed for eviction. In neighborhood cooperation, secured a namely the 4th of July celebration at been leased and helped share utilities. September, the final show cause hearing contractor to board up the doors and Gasworks Park, Fremont Oktoberfest, Based on this information, we deter- for the tenant’s eviction was held. When windows of the home. The owner and Fremont Solstice Parade and Fair, and mined that the current tenant (brother) the tenant failed to appear, the order neighborhood volunteers would clear the University District Street Fair. He was a legal tenant and subject to a was issued and the King County Sheriff out anything of value left by the tenant. helped to advise SPD on applicable month-to-month tenancy. He could only posted notice the following day. Over the CPT conferenced with the Conservation laws that varied on the organizations’

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Ocktoberfest run in Fremont 4th of July at Gasworks Park permissions and intended use of the Southwest Precinct While there are still several areas of hear concerns and work on solutions. location, and to educate the organiza- Matt York took over trouble in the precinct, York has begun Following the walks, two unlicensed tions on what actions SPD could take for Melissa Chin as work with the CPT and command staff marijuana dispensaries subject to many versus what their event security would Southwest Precinct to address environmental issues such as complaints closed and several unmain- be responsible for. Many of the issues Liaison Attorney in poor lighting, overgrown areas, unused tained properties had vegetation cleared involved trespassing, marijuana and 2014. He immediately payphone booths and poorly placed and graffiti painted over. alcohol use, and protesting. collaborated with bus stops. York and SPD are working York has also been involved in the police command staff, the King County to have lights replaced with LED bulbs Brophy also helped address issues with implementation of I-502 and legalized Prosecutor’s Office and the Community and property owner to remove plant the Aqua Dive in Lake City. This prop- marijuana businesses in production, Police Team (CPT) to address issues at growth to increase visibility. York has erty was once a vibrant recreational processing and sale. The majority of the Westwood Village shopping center. also responded to question and concerns center, but it had been abandoned in applications have fallen to the South The businesses there were experiencing of the City Council and the community recent years. Even though the prop- Precinct due to the limited locations a large group of repeat juvenile offend- regarding marijuana regulation and com- erty was fenced in and the building available under state law. York and the ers trespassing, harassing customers plications from its decriminalization. was boarded up, people still got past CPT reviewed each application as part of and committing theft. Through coop- the fencing to break into the building. South Precinct a citywide cooperative effort to foster a eration with the local businesses, this After repeated attempts by the owner York also covers the South Precinct for safely regulated legal marijuana market. chronic issue was greatly reduced and to board up the building and SPD to the City Attorney’s Office. Starting in York has also worked with the Mayor’s criminal activity all but vanished. York remove trespassers, the building deteri- the summer, the mayor and several code Office on enforcement options for regu- also started work on some nuisance orated so much that no one could enter compliance agencies began their “Find lating all marijuana sales in Seattle. residential properties, with several the building safely. Brophy helped coor- it, Fix it” walks in the precinct. These successes in the removal of problem Code compliance continues to be a dinate with DPD, SPD and the owners walks, led by SPD, were an avenue for residents with the help of the property liaison responsibility. Chin, York’s prede- to get the proper permitting to allow the the public to communicate directly with owners. While these properties con- cessor, had objected to the liquor license owner to begin demolition. Even though their elected officials and city employees tinue to surface, York continues his for May Bon Phuong. York continued to the property is now just an empty lot, it about real concerns in their community. efforts in the coming year to improve shepherd this objection, which succeeded is a significant improvement over what Pete attended all of these events to make the quality of life of those living in the as the owner voluntarily withdrew the the building had become. certain that our office was available to Southwest Precinct. application. York also met with several

10 CIVILPRECINCT DIVISION LIAISONS continued DIVISION continued neighborhoods about localized problems shortly after the letters were sent. While to prevent future incidents and makes prostituted people. Since then, the CAO to work on individualized solutions to Casablanca remains in business, the transformative changes. has been working with SPD and non-gov- these issues. violence associated with it has declined ernmental organizations to end demand The action plan requires the accused dramatically. in our city. In fall 2014, the CAO joined East Precinct person to “set things right,” if possi- forces with the King County Prosecuting One of Beth Gappert’s Another longtime public safety issue in ble, with the person(s) harmed; those Attorney’s Office in this effort. By focus- focuses as the East the East Precinct was Waid’s, a night- affected in the family and community; ing on prosecuting those who create the Precinct Liaison club at 1212 E. Jefferson St. The City had and the accused. In pre-filing diver- demand for prosecution—the sex buyers Attorney is address- objected to Waid’s liquor license on five sion cases, provided the action plan is —and increasing services and outreach ing public safety occasions. Through York’s hard work completed, charges are never filed. This to prostituted people, we are creating issues around hookah when he was East Precinct Liaison, the project is still in development, but if opportunities to escape the life and end bars. Two of these establishments, Liquor Control Board finally revoked the the CAO proceeds, we will hand-select the downward spiral. Casablanca and the Royal Spot, were liquor license in early June 2014. Waid’s cases that meet our filing standards at the same intersection. In early June closed for business later that month. and divert those cases, before filing, to Sargent also worked on changing the lan- 2014, a homicide occurred in the parking a restorative justice agency. All of the guage of prostitution to reflect the true Gappert also worked on the CAO’s lot of the Royal Spot. The Mayor’s Office parties, including the victim, would need nature of the crimes involved by updat- proposal for an alternative to traditional asked the City’s regulatory departments to agree to the restorative justice diver- ing the name of the City’s ordinance criminal justice processes based on a and Seattle-King County Public Health sion before prosecutors would divert regarding sex buying from “Patronizing a restorative justice model. Restorative to do a one-night mass enforcement of the case. The CAO believes that the Prostitute” to “Sexual Exploitation.” She justice is a face-to-face, facilitated dia- regulatory inspections at these busi- restorative justice process could benefit also worked on efforts to change the law logue practices that include restorative nesses. Gappert advised the police chief both the suspect and the other people at the state level to increase the penalties circles, peacemaking circles, restorative and Mayor’s Office on the legal options affected by criminal actions. for sex buying. mediations, family group conferencing, available to the City and worked with and some traditional dispute resolution High-Risk Victims/ In her role as narcotics liaison, Sargent departments on enforcement. Each busi- practices. In restorative justice, an indi- Narcotics worked on two legislative proposals. The ness received several notices of violation vidual accused of a crime meets with the Unlike the other liai- proposal involved hash oil, also known for failing to comply with City codes. person harmed, community members son attorneys, Heidi as marijuana concentrates. Prior to 2015, The City also wrote letters to the affected by the harm, and family mem- Sargent isn’t geo- Washington law defined marijuana con- business and property owners of each bers and other supporters of the parties. graphically restricted. centrates in a way that excluded many hookah bar, warning them that the Through facilitated dialogue, the partic- That’s because her types of hash oil, allowing possession of police chief was considering declaring ipants discuss the consequences of the title, Narcotics and up to 72 ounces (an amount of hash oil their properties to be chronic nuisances event, its impact and harms, the needs High-Risk Victims Liaison, takes her all worth somewhere as much as $50,000 under the Seattle Municipal Code. The and interests that arise, and the needs over Seattle. or more). Sargent worked with City and East Precinct captain and Gappert met and interests that gave rise to the event outside stakeholders to redefine mar- In this role, Sargent works to end the with the owners of Casablanca and their itself. The participants then develop ijuana concentrates to include all hash demand for prostitution in Seattle. The landlord. The landlord initiated eviction a consensus-based action plan that oil, lowering the possession limit to 7 CAO announced its change in empha- proceedings against the business but addresses the needs of all participants, grams, a much more reasonable amount sis in the fight against prostitution over eventually settled the case, allowing the repairs harms, restores relationships, for personal use. two years ago, emphasizing enforce- tenants to remain. The Royal Spot closed and addresses underlying conditions ment against sex buyers rather than

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The Civil Division is the City’s law firm. Daily, the 50-plus lawyers in the divi- • Duwamish Cleanup: In the industrial heart of Seattle is a federal sion provide legal advice and representation on everything from affordable Superfund Site comprising the lower six miles of the Duwamish water- housing to constitutional policing to the SR 99 tunnel and seawall construc- way. Attorneys in the Environmental Protection Section have been advis- tion to marijuana regulation. As the City’s in-house law firm, the Civil Division ing the City regarding this site for over a dozen years and are now guiding provides high-quality legal advice and litigation services without the high the allocation of costs for the cleanup (estimated at over $340 million) to price tag of a private law firm. Cases and projects handled by the division in responsible parties. 2014 included:

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Seattle Seawall project Looking over the top of the Bullitt Center

• DOJ SPD Settlement Agreement: As SPD rises carry on its business operations. This section also pro- Representative Projects and Contracts: to the challenge of meeting its obligations under vides advice to the City’s own electric, water, drainage • Bonds: Section attorneys worked with the the federal consent decree, lawyers from the Civil and solid waste utilities—Seattle City Light and Seattle Department of Finance and Administrative Services Division negotiate with the U.S. Department of Justice Public Utilities (SPU). Clients frequently draw upon the and outside bond counsel to issue approximately and the Monitoring Team and help guide the Police practical and business experience of section lawyers $397 million worth of new and $220 million worth Department to full compliance. as well as the particularized knowledge of the utilities of refinanced general obligation and revenue bonds lawyers to support the complex operations of the City, for the City. • Waterfront-Tunnel-Seawall: Seattle is on course to its utilities and any resulting litigation. remake its waterfront to make sure its residents are • Boundary Dam: City Light is rebuilding part of its safe, its transportation needs are met, and its natural Representative Litigation: dam in Idaho. Our attorneys assisted City Light in beauty is available to all. Lawyers help the City The section handles contract litigation and litigation a difficult contract negotiation over $1.2 million in navigate the complicated partnerships and risks that against Seattle’s two utilities: City Light and SPU, as liquidated damages charged to the contractor when accompany such an enduring change. well as projects and advice. Below is a sampling of it was late in meeting the completion date. Civil Division attorneys also recover money for the projects and cases: • Bullitt Foundation: Section attorneys worked with City in taxes, damages and enforcement penalties. In • Oregon Tax: City Light electricity flows across state City Light to negotiate a power purchase agreement 2014, our collections and torts attorneys recovered lines. In November 2014, our attorneys argued before to buy energy efficiency created by the Bullitt Center. $1,807,825.01 in damages owed to the City. Division tax the Oregon Supreme Court that Oregon taxes were • Bicycle Sharing Program: Section attorneys lawyers collected $1,222,191.15 in disputed taxes. Our improperly assessed against Seattle City Light. have helped establish the City’s bicycle sharing Land Use Section collected $134,679.45 in enforcement • Pacific Northwest Refund: The effects of the energy programs through advice on grants and negotiation penalties for land use violations. crisis live on. The City has been pursuing refunds of the contract. CONTRACTS AND UTILITIES SECTION from energy sales made in the Pacific Northwest • Cable Communications Code Revisions: The City’s between December 1999 and June 2001 when Enron The Contracts and Utilities Section provides legal Cable Code needed modernizing to remove barriers and others were overcharging. Although the Federal advice, handles litigation, drafts agreements and legis- to new entrants into the cable television market, Energy Regulatory Commission has denied the lation for all City departments to support a wide variety while maintaining the City’s regulatory authority and refunds, the City is appealing to the 9th Circuit U.S. of capital projects, real property transactions, purchas- enhancing consumer protections. Court of Appeals. ing, and intellectual property matters that help the City

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First Hill Streetcar at Marion and Broadway Mercer Project rendering Oso landslide

• City Light and Cable Franchise Negotiations: We helped craft an interlocal agreement with King Natural Resources, Snohomish County, and the Comcast’s cable television franchise with the City County and a dozen other local jurisdictions to build Darrington & Arlington School Districts for City expires in January 2016, leading to negotiations with and implement a new regional radio system eventu- Light’s Transmission Corridor Road for an emergency Comcast and CenturyLink to establish and/or renew ally operated and maintained by a government-cre- reroute for SR 530 affected by the Oso Landslide. the franchise. During 2014, the cities of Shoreline and ated non-profit. The negotiations resulted in consent agreements Burien also granted City Light new 15-year franchise with the state. • Mercer Street Projects: Since 1960s the City has agreements. New long-term franchises for Lake struggled to bring about change to the “Mercer Mess.” • PC1-North Project: Section attorneys negotiated Forest Park, Snohomish County, King County and During 2013, constructing the eastern segment of the agreements that will allow for developing a new Renton are under negotiation and likely will be exe- new two-way Mercer Street was completed. During mixed-use public market building that includes struc- cuted in 2015 and 2016. 2014, the western segment of the project moved tured parking, low-income housing and public open • Emergency Management: Section attorneys con- forward, with the goal of extending a two-way Mercer space and connections to the waterfront on property tinued to improve the Law Department’s emergency Street from I-5 to Elliott Avenue. Section attorneys that the City will convey to Pike Place Market PDA. management response capabilities. During 2014 have provided continuous legal support to this new • Transit Service Funding: In November 2014, Seattle they staffed the City’s Emergency Operations Center project, which will continue Mercer Street as a two- voters passed STBD Proposition 1 to fund transit ser- and SPD’s SPOC during several emergency event way enhanced transportation corridor. vice hours that would otherwise be eliminated by King activations protests. • North Recycling and Disposal Station: SPU’s con- County Metro in Seattle. After passage, the City and • First Hill Streetcar: Section attorneys advised on struction of this $60 million transfer and recycling King County entered into contract negotiations for and negotiated agreements for the operation and station commenced during 2014. We have provided the provision of over 123,000 annual transit service maintenance of the Seattle Streetcar that will allow its legal advice and contract drafting assistance to the hours. Section attorneys assisted the Department of extension to First Hill. client and helped develop negotiating strategies Transportation (SDOT) with legal advice, negotia- when the contractor and SPU were having difficulty tions, and contract drafting, and with legislation for • Interlocal Agreements to Update Regional Public agreeing on the contract price for the work. approving this major transit project. Safety Emergency Radio Network: The public safety radio system used by Seattle’s first responders is part • Oso Landslide Interagency Response: Our Real Property of a regional system built in the 1990s. The system attorneys represented the City and City Light in Section attorneys provided ongoing advice on pur- is aging and will soon be unsupported by the vendor. negotiations with WSDOT, state Department of chases, dispositions, and leases of real property related

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First Hill Streetcar: Overhead Electrical Work Bertha tunneling machine to park and utility operations, and land management protection incompatible uses on SCL Skagit, Sauk, and removing and repairing the boring machine began. issues, including easements, encroachments, trespass and Nooksack River floodplain properties. In October 2014, the state’s contractor began excavat- and illegal dumping. Highlights include: ing a 120-feet pit to reach the damaged machine. As • Assisting the Parks Department on the property part of that excavation, the contractor began a massive • Advising SCL on execution of its surplus property sales transfers and agreements occasioned by the loss of underground dewatering operation that pumped over program, including drafting, review and editing of ordi- City parkland as a result of the SR520 project that will 500 gallons of water per minute deep under the exca- nances, purchase and sale documents for negotiated result in the creation of a new waterfront park in the vation work. That dewatering is believed to have caused and competitive bid sales of former substation proper- University District in addition to restored open space settling of the ground that affected several million ties, including completed sales of the Hill, Wedgwood, once the SR 520 project concludes. dollars-worth of City water and sewer pipes. Section Greenlake, Beverly and Boulevard Park Substation • Alaskan Way Viaduct Bored Tunnel: During 2013, the attorneys have also continued to advise City Light and properties and finalizing of ordinance documents state and its contractor began mining the bored tunnel SPU on issues regarding the protection and relocation for sale or transfer of the former Ambaum, Andover, that will replace the Alaskan Way Viaduct. While the of their facilities, and other issues involved with imple- Dakota, Delridge, Dumar, Fauntleroy, Glendale, and tunnel is a state highway project, over 15 contracts menting their contracts with the state. White Center substation properties. between the City and state require Seattle to be heavily • Elliott Bay Seawall Replacement Project: The City’s • Assisting City Light’s Environmental Affairs Division involved in relocation of City utilities, roadway and traf- $300 million Elliott Bay Seawall Replacement Project (EAD) on a variety of conservation property real fic control, which must be coordinated with the state’s started construction in late 2013 under complex estate matters, including at least several separate project. Section attorneys assisted in developing those contracts. This project requires implementation of purchases of Endangered Species Act (ESA) and contracts and since construction began, have continued contract obligations to coordinate with the state on Federal Energy Regulatory Commission (FERC) to provide guidance and advice on the meaning and its tunnel project and ferry operations at the Colman license mitigation fish and wildlife habitat lands, implementation of contract provisions and laws govern- Dock and our attorneys were heavily involved. We granting of state Salmon Recovery Funding Board ing the legal relationships between the City and state. also advised SDOT, SPU and City Light in finalizing and Deeds of Right, transfer of DNR Trust Lands, ease- In December 2013, the tunnel boring machine broke implementing their interdepartmental agreements ments, encroachments, and unpermitted/habitat down. Throughout 2014, all mining operations ceased regarding cost allocation and other responsibilities for

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Advocates lobbying City Council for a $15 minimum wage law

this City-led project, and mediated interdepartmental employees) in court, before administrative agencies, in Discrimination, wage and hour laws, personnel rules, differences as they arose. arbitration, and in mediation. As counselors, we help workers’ compensation statutes, and the Washington our clients comply with the laws and our contract obli- and United States Constitutions. • Local Improvement District: The City continues to gations. And as litigators, we stand behind our clients, consider a local improvement district (LID) to pay for City managers and employees typically are dedicated, advocating for the City’s best interests. certain waterfront improvements. Section attorneys conscientious public servants who face difficult daily have worked closely with a variety of departments to Advice challenges. Employment attorneys serve as trusted explore all available options and legal risk. Once com- How should the City’s new Minimum Wage Ordinance advisors as managers confront personnel issues. pleted, the LID will fund a portion of the “Waterfront be implemented? How should we work with an In 2014, our advice work included evaluating dis- for All,” one of the most significant civic projects in employee who may have a disability? Should our ciplinary options for misconduct by police officers the City’s history. department investigate an employee complaint, and and other employees, helping to identify reasonable if so, how? Will our efforts to accomplish City Race EMPLOYMENT SECTION options for accommodating disabilities, and guiding and Social Justice Initiative goals conflict with our investigations into claims of harassment and discrim- The 10 attorneys in the Employment Section assist collective bargaining agreements? Is it legal? Is it wise? ination. We gave highly specialized and technical the City’s executives, managers and human resources What are our options? advice on management of workers’ compensation professionals as they navigate the complicated matrix Employment Section attorneys consider such ques- cases. We helped determine when managers could of employment laws, collective bargaining agree- tions day by day throughout the year. The attorneys change policies that concern employees and when ments, civil service regulations and City policies that strive to provide solid legal, pragmatic advice that such changes must be bargained with unions. apply to roughly 10,000 City employees. In 2014, the allows City operations to proceed efficiently and Employment Section expanded to provide additional In 2014, the Employment Section continued to develop fairly. The Employment attorneys monitor develop- day-to-day on-site assistance to SPD. We also serve its expertise in the unique and growing field of local ments in diverse aspects of employment, labor, and as the City’s in-house counsel for all workers’ com- labor-standards regulation. The City has focused workers’ compensation law. With a collaborative pensation matters. increasingly on establishing minimum standards for approach within the section, the attorneys take advan- private employers, through such efforts as the break- The Employment Section attorneys are also top-notch tage of expertise on such topics as the Americans through $15-an-hour Minimum Wage Ordinance and litigators, defending the City (and sometimes its with Disabilities Act, the Washington Law Against our Priority Hire legislation. Employment attorneys

16 CIVIL DIVISION continued have played an integral role in developing and imple- court to review the trial judge’s decisions, even though Police Discipline Appeal menting such reforms. the case had not yet concluded at the lower level. The Employment attorneys represent SPD in all appeals Court of Appeals denied the appeal. This naturally that challenge discipline imposed upon police officers. Litigation led to a Supreme Court appeal, contending that the The City bears the burden of proof when it seeks to Employment disputes sometimes lead to litigation, Court of Appeals and the trial court were both wrong. sustain the disciplinary decisions by the police chief. and the Employment Section attorneys represent The Supreme Court, too, ruled in the City’s favor. Not Occasionally, despite the best efforts of the attorneys the City in federal and state courts—from the initial satisfied, the plaintiffs filed yet another Supreme Court and City management, we receive an adverse decision. response to lawsuits, through extensive discovery, brief, asking the Court to “modify” its earlier ruling. In Even in losses, however, there is value in supporting the in motion practice, through trial, and all appeals. December, 2013, the Supreme Court agreed with the chief’s goals and objectives in improving SPD and its The attorneys provide the same service in admin- City again, denied the plaintiff’s motion, and returned delivery of policing services to the public. istrative forums, including the Public Employment the case to Superior Court. Relations Commission, both of Seattle’s Civil Service One difficult case in 2014 arose from a well-publicized Commissions, in arbitration, and in any other arena The final legal battle occurred in 2014 and, once encounter between a police officer and a Seattle resi- that employees or unions might press their claims. A again, the City prevailed. The Superior Court affirmed dent detained following a hit-and-run accident. The sus- few examples: that the plaintiff’s claims were now so minimal that pect complied with the officers’ instructions for a time, the matter should be sent for mandatory arbitration. but became uncooperative. Another officer arrived to Employees v. City The parties then resumed settlement discussions assist, raised his voice to “command” levels, and placed Some cases demonstrate the value of patience and and resolved the case on favorable terms for the City. the suspect in handcuffs. The suspect complained that tenacity by the City’s lawyers. Our 2012 and 2013 The hard work and tenacity of the City attorneys was he was being choked and then spat upon the officer. The Annual Reports described lengthy, vigorously litigated ultimately well rewarded. officer then hit the suspect twice, causing significant claims asserted by two City employees. For years, the facial injuries. Following an investigation by the Office of case proceeded on a slow and contentious journey Engineer v. City and CEO Professional Accountability, the police chief imposed an through the legal system. In 2014, the matter finally Here, Employment Section attorneys teamed with eight-day suspension upon the officer for (a) escalating saw its conclusion. outside counsel to obtain a complete defense verdict the conflict, and (b) excessive use of force. in a jury trial in King County Superior Court. A former The employees alleged that they had been treated City Light engineer, who had taken a job with the Parks An attorney from the Employment Section presented poorly through discipline and lost advancement oppor- Department, twice applied to return to City Light in the facts to a Disciplinary Review Board, opposed by tunities—not because they had engaged in misconduct managerial positions. When City Light did not re-hire counsel retained by the Seattle Police Officers Guild. but because of their sexual orientation, genders or its former employee, the employee sued, alleging that Although much of the officer-suspect interaction was disabilities. The City prevailed in virtually every phase , she was the victim of a retaliatory conspiracy. It was captured by dash-cam video, a critical portion of the because the department’s promotional decisions were true that, years earlier, the employee had cooperated in altercation was obscured. The board credited the offi- reasonable and thoroughly documented. a City Light internal review of a gender-discrimination cer’s version of the interaction and found he employed In 2012, the Employment team obtained dismissal of issue. But the employee’s hypothesis—that she was not self-defense tactics in response to a threat posed by most claims asserted in the latest, state-court lawsuit. re-hired because City Light and its CEO bore a grudge the suspect. The Employment attorneys respectfully Notably, the Superior Court judge affirmed the City’s against her—was not supported by the facts. disagreed with the outcome, which was final and not right to evaluate evidence of the plaintiffs’ alleged men- appealable. There is considerable value, however, The lengthy trial concluded with an 11-1 verdict for the tal distress when the plaintiffs seek compensation for in our efforts to support SPD as it works to ensure City and City Light’s CEO. The case is now before the such distress. In 2013, the plaintiffs filed an “interloc- accountability during difficult situations. Washington Court of Appeals. utory appeal” in the Court of Appeals. They asked the

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Wetlands at Magnuson Park, a former clean-up site

Workers Compensation managers, and other government agencies. Instead of Another call could be from staff in the Seattle leading to litigation—with potential damages and attor- Department of Transportation (SDOT) that have discov- During 2014, the workers’ compensation practice group ney-fee obligations—the Employment Section enabled a ered contamination while doing work on a City street or continued to process a high volume of cases. Some cases fair and reasonable settlement of the issues. In appropri- even have found a long-forgotten underground storage are routine, involving such disputes as disagreement over ate cases, the best outcome for the City can be obtained tank. An environmental attorney would advise them how the cause of medical problems (was it work-related or without litigation costs. to comply with state and federal reporting requirements, not?). Other workers’ comp cases are more complex and things to consider before cleaning up the contamination unique: Does surveillance footage of an employee indicate Training or removing the underground tank, and how to legally that he or she is being untruthful about their injuries? The Employment attorneys have continued to lead and dispose of what they remove. section’s goal is to help the City’s workers’ compensation assist with training for other City employees. These unit fulfill its primary mission; which is to ensure that training sessions occur through the City’s Personnel Frequently environmental attorneys advise City employees get the benefits to which they are entitled, Department or directly through individual departments. departments how to reduce the risk that the City while at that same time, responsibly protecting the City’s Employment attorneys take an active role in helping must pay for cleaning up contamination . If the Parks resources from invalid claims. plan and develop training programs. Department wants to purchase property that may have been contaminated by a former business, envi- Alternative Dispute Resolution ENVIRONMENTAL PROTECTION ronmental attorneys may help draft the purchase and Employment attorneys recognize the significant value Attorneys in the Environmental Protection Section sale agreement to keep the former owner responsible in Alternative Dispute Resolution, which can lead to advise City leaders and staff regarding every type for cleaning up any contamination discovered later. results acceptable to both the employees and man- of environmental law. An inspector in the Drainage agement. They are frequently engaged in mediation Environmental health was a new topic addressed by envi- and Wastewater Utility may call when a business is efforts, both prior to and during litigation. In one case an ronmental attorneys in 2014. They did extensive research washing trucks and letting the dirty water run into attorney assisted the benefits unit in the City Personnel and advised on issues such as the continuing dangers the storm drain, a violation of the City’s Stormwater Department as it responded to threatened litigation from lead paint and the effect of other contaminants on Ordinance. Environmental attorneys help inspectors over insurance coverage for behavioral therapies for children’s neurological development. Attorneys identified draft Notices of Violation and later may represent the certain disorders. The matter required coordination with changes to the City’s Housing Code that would reduce utility in municipal court. the attorneys for potential class-action plaintiffs, City children’s exposure to toxics in homes and day cares.

18 THE ONCE-MEANDERING DUWAMISH RIVER

In 1906, the Duwamish River curved and twisted through the mudflats of Seattle. Ten years later, like a string pulled taut, it was nearly straight. Now ships could move cargo easily from Elliott Bay to industries along the Duwamish “waterway,” no longer a river even in name. The former loops, or oxbows, were filled with mud dredged from the channel, leaving stubby protrusions, like branches cut off near the trunk. These became slips for barges to moor while being loaded and unloaded. The river was channelized to promote economic growth and that goal was met. Meat-packing plants, dairies and sawmills perched on the banks and dumped wastes in the water. They gave way to steel mills, airplane and truck factories, asphalt plants and barrel recyclers. The waterway received wastes from all of them. The residents of Seattle sent their waste there, too. Sewage and stormwater flowed directly into the Duwamish. In 1940, the City built the first sewage treatment plant on the Duwamish. Treatment in those times addressed biological wastes, not chemical ones. Plus, the surge of development during WWII quickly outstripped the plant’s capacity, so that much of the area’s sewage flowed directly into the waterway. In 1959, the pollution of Lake Washington where lakefront residents could not swim safely, catalyzed creation of a regional sewage utility, Metro. Over the next two decades, the City partnered with Metro to Duwamish River 1907 separate stormwater from sewage in order to free Those that remain will share the cleanup costs, but so will current Seattle residents up capacity in the sewer system. The separation projects meant Metro could and businesses. We have all polluted the waterway. We pollute it every time we build trunk lines to convey sewage to a new major treatment plant at West Point. drive a car and flecks of metal come off the brake pads; every time we water a lawn Stormwater was considered relatively harmless, and therefore continued to flow and wash fertilizers and pesticides into the storm drain. We pollute less directly into the Duwamish. Today, rain continues to fall and stormwater goes into the but with more of a chemical punch when we buy plastics and other products, such Duwamish. Sewage does, too, when the pipes are overloaded. as cosmetics, which release phthalates. Pthalates have become ubiquitous in our When people ask who will pay to clean up the Duwamish, the answer is, “All of urban environment and will continue flowing into the Duwamish as long as they are us.” Many of the industries that dumped wastes into the waterway are long gone. in the products we buy.

19 SPECIAL SECTION: DUWAMISH RIVER continued

The City Attorney’s Office has worked with staff at SPU, City Light and other departments for the past 16 years regarding the Duwamish. We have been there while scientists and managers wrestle with the best way to investigate contamination in the waterway and the options for addressing it. Now we are representing the City in a process to volun- tarily resolve which entities will pay, and how much they will pay, for the cleanup. Forty-seven parties, including the City of Seattle, the Port of Seattle, King County and The Boeing Co., are participating in a kind of confidential mediation. They have agreed to share their information on pollution in the waterway and to pay for a neutral person, called the allocator, to assign them shares of the cleanup costs. Since the cleanup strategy chosen by the U.S. Environmental Protection Agency is cur- rently estimated to cost $340 million, even a small share of liability can be painful. Parties do not have to accept the share assigned to them by the allocator, but everyone knows that those who reject their assigned shares are likely to be sued by the others. In order for the allocation process to succeed, the parties have to be thorough and transparent in disclosing how they may have polluted the waterway. This information is confidential because the process is a voluntary mediation. Over the next four years, the allocation process will continue, while EPA works with a small group of parties, including the City, on further studies that are needed before cleanup can begin. In about five years, dredging will start in some parts of the waterway. Other areas will be capped with clean material and others will be monitored over time to see if they are buried with clean sediment coming from upriver. The dredging and capping work will take seven to 10 years. Monitoring will continue for decades. The Duwamish waterway will never again be a free-flowing, completely clean river. The best we can do with today’s technology is to make it clean enough that it will not be a major threat to human health. Sadly, people old will not be able to eat an unlimited amount of shell fish or bottom fish, new because the sediments where those creatures live cannot be cleaned enough. Our society is paying for the economic boom times of the past and for our current dependence on products that release toxic chemicals into the environment. It will take a cultural shift and a great deal of time for the future of the Duwamish to be truly bright. Old, new channels of the Duwamish River

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Marijuana Preschool

GOVERNMENT AFFAIRS medical marijuana users with an affirmative defense Creation of the Seattle Park District post-arrest to criminal prosecution if they meet certain Our attorneys advised the City Council and Mayor Every day legal issues arise related to the powers and qualifications. Our attorneys are working with City and assisted with drafting the proposal to create a duties of local government, and the distinct branches departments to determine legal options to address park district to fund Seattle park programs. The voters within local government. The City also faces legal concerns that medical marijuana dispensaries operate approved the creation of the Seattle Park District at the challenges on issues unique to city government such illegally, provide unfair competition to licensed rec- August 2014 election. as free speech, the release of public records, the reational dispensaries, and have become nuisances power to tax, the ethical behavior of public officials, Seattle Transportation District ballot measure in their neighborhoods, while also providing for the and regulating business. In 2014 the 10 attorneys in Through an interlocal agreement with the City, the City medical needs of patients. Our attorneys are also active the Government Affairs Section provided legal advice Attorney’s Office advised the Seattle Transportation in lobbying the Washington Legislature to enact state and litigated cases concerning regulating marijuana, District in drafting a voter measure to increase vehicle legislation to address these problems. strip clubs, taxis, transportation network companies license fee and sales tax to support King County Metro and oil trains; camping in public parks and sidewalks; Pre-school ballot measure bus service. These revenue measures were approved at requests for government records; minimum wage and Our attorneys advised the City Council and Mayor the November 2014 election. protecting workers against wage theft and discrimi- and assisted with the drafting of Seattle’s Proposition Minimum wage legislation and litigation nation; elections; and the collection of business taxes 1A concerning a property tax measure to finance a Our attorneys advised the City Council and Mayor in and debts owed to the City. Below is just a sampling of pre-school program for the City’s three- and four-year- drafting an ordinance establishing the highest min- their work. old children. After our office successfully defended imum wage of any major city in the United States. challenges in court, that proposal and Proposition 1B MUNICIPAL ISSUES Under the ordinance, with some limited exceptions, all (a competing initiative measure on the same general businesses operating in Seattle will be required to pay Marijuana Legalization subject that did not provide funding) were on the at least $15 per hour by 2021. Larger businesses, and In 2012, Washington’s voters approved Initiative 502 November 2014 election. These were two alternative those operating as part of a large franchise network, (I-502), which legalized marijuana for adults over 21. measures concerning providing pre-school programs. will be required to pay at least $15 per hour by 2018. The Medical Use of Marijuana Act, approved by voters The voters approved Proposition 1A, the City Council’s Our attorneys, with the assistance of outside counsel, in 1998, did not legalize marijuana, but just provided and Mayor’s proposition. are also representing the City in a lawsuit, International

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Assistant City attorney speaking to the media about the SPD consent decree after a hearing in federal court

Franchise Association v. City of Seattle, challenging the the City’s automated traffic safety camera program the state seeking the broadest possible access to all City’s minimum wage ordinance. and advising the department on proposed legislative police videos and other police records. Departments changes involving camera enforcement; and advising estimated that responding to his requests would take Wage theft legislation the department on issues ranging from off-duty employ- decades, and some police agencies decided to forego Our attorneys advised the Mayor and City Council in ment to in-car video to contracting with professional body cameras rather than be burdened with responding drafting legislation that created a civil means of ensur- sports teams for police officers at major sports events. to such broad disclosure requests. We advise depart- ing that employers in Seattle pay workers what is owed ments on how to comply with the law and still do the to them. The legislation created an Office of Labor Mahoney v. City rest of the work for the City and defend lawsuits when Standards empowered to investigate claims of wage Government Affairs and Torts lawyers defended the filed. Example lawsuits include: theft and to issue fines and orders of restitution, and City in a lawsuit filed by approximately 100 Seattle requires all employers to provide notice to workers of police officers challenging the department’s use of force • West v. City of Seattle: The City prevailed in the their right to receive proper wages. policy, prompting U.S. District Judge Marsha Pechman Washington Court of Appeals involving a public to dismiss the complaint and allow SPD reforms to records request to the Law Department. The court Transportation Network Company/For-hire vehicle/ proceed. The ruling , which presents novel issues under commended the Law Department’s responsive com- Taxi legislation and litigation both the 2nd and 14th amendments, is on appeal to the munications and efforts to ensure we had correctly Our attorneys advised in the drafting of one of the first Ninth Circuit. interpreted the request regarding calendar entries. laws in the nation that legalized transportation network This is the first Washington case, and perhaps the companies such as Uber, Lyft and SideCar. With help Public Records first anywhere, offering guidance on interpreting from our lawyers, the Mayor facilitated mediation with Washington’s Public Records Act (PRA) mandates requests for Microsoft Outlook calendar entries. stakeholders from each transportation industry to draft that, upon receiving requests for records from citizens, agreeable terms for new legislation. City Council passed governments conduct reasonable searches and provide • Fisher Broadcasting v. City of Seattle: KOMO TV the resulting legislation on July 14, 2014. access to records unless they fall within specific legal reporter Tracy Vedder requested the entire database exemptions. The City receives thousands of requests of all of SPD’s in-car video recordings tagged for Police Department litigation and advice each year, the majority directed to SPD. An anony- retention. Our attorneys prevailed at the trial court Our attorneys do extensive work for SPD on a variety mous requestor submitted hundreds of public disclo- regarding the interpretation of how long a statutory of issues. These include advising the department on sure requests to SPD and police departments across exemption applied to the videos. KOMO sought direct compliance with the federal consent decree; defending

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review by the Washington Supreme Court. In a five- Business Improvement Areas • City v. Addiction Industries, Inc.: This tax collec- four decision, the Supreme Court reversed the trial The City supports nine Business Improvement Areas tion case involved the failure of the taxpayer, who court. The case has been remanded to the trial court. (BIA) throughout Seattle. BIAs allow business districts does business as a nightclub at Pike Place Market, to assess members to provide services that support to pay admission and B&O taxes for several years. • Richard Lee v. City of Seattle: As the 20th anniversary growth and management . The City’s BIA program col- We sued and obtained a judgment for $80,000 in of the death of Nirvana’s Kurt Cobain approached, lects $15 million annually in BIA assessments to benefit unpaid taxes. Lee requested SPD’s investigative records of the neighborhoods. In 2014, our attorneys defended a chal- singer’s suicide. SPD’s response included four rolls of • Evergreen Moneysource Mortgage Co.: The City’s lenge to the ordinance that created the SoDo (South of never-before developed 35mm film retained with the Hearing Examiner ruled in favor of the City in a case Downtown) BIA. file. SPD withheld some of the photographs because where the taxpayer claimed that the City wrongly they showed graphic images of an identifiable dece- FIRST AMENDMENT imposed B&O tax on income received as “points” dent. Washington and federal courts have held that on mortgages. ATL v. City of Seattle disclosure of decedent images invades the privacy of 2014 saw the conclusion of a federal constitutional • Wedbush Securities, Inc.: What is the apportion- surviving family members. Lee sued seeking release of challenge to the City’s strip club ordinance. In a case ment of taxes when the taxpayer has offices both the photographs of Cobain’s body. This case is pending that lasted over two years, the CAO defended the in Seattle and outside Seattle—all over the coun- in King County Superior Court. City’s buffer zones that prohibit strip clubs within try—and our mandatory apportionment formula • Jane and John Does v. King County and City of 800 feet of property previously permitted for a day measures the ratio of income here to income every- Seattle, Seattle Pacific University v. King County care, and within 600 feet of property previously where? The City’s position is that the City is owed and City of Seattle: Following the June 2014 shootings permitted as a strip club. After a trial and an appeal tax on all the income generated by the Seattle office at Seattle Pacific University, SPD and the King County the City resolved the challenge for payment by the (resulting in tax of $118,982.21). Our attorneys Prosecuting Attorney’s Office received multiple PRA City of $125,000. prevailed before the Hearing Examiner in May 2013 requests for investigation records, including surveil- and in King County Superior Court in April 2014. Taxes lance videos provided by SPU to investigators. King Wedbush appealed to the Court of Appeals. We We regularly work with the City Council, the County and SPD notified SPU and the victims and wit- anticipate oral arguments in spring 2015. Department of Finance and Administrative Services nesses in the video that the videos would be disclosed (FAS), the Mayor’s Office, SPU, City Light and other Collections Unit with the identities of the victims and witnesses who departments to review ordinances and advise on state This unit collects debts owed to the City by taking had requested non-disclosure redacted by blurring and local tax issues. We work frequently and closely debtors to court. In 2014, it assisted the City in collecting their faces in the videos. Those victims, witnesses with FAS’s audit division to address issues that arise $1,807,825.01 by sending out 36 demand letters, filing and SPU sued to enjoin disclosure of the videos. The during audits and to litigate or resolve taxpayer appeals. 22 lawsuits, entering 22 judgments, and extending 18 trial court denied motions for a preliminary injunction judgments. In addition, the unit completed all work iden- brought by the victims, witnesses, and SPU. The mat- Besides advising clients on tax issues, we achieved suc- tified under a 2013 audit and established new follow-up ters are pending before the Court of Appeals. cessful outcomes in several court cases, including: procedures. The largest collections came from Martin PRA Training • Rogers and Lambert v. City: We prevailed in a case Selig for over $300,000, and from Clyde Yancey through Our attorneys have provided training on compliance alleging that the City was preempted by state and a receivership to aid in collecting four unpaid Department with the Washington Public Records Act, Chapter 42.56 federal law from enforcing business license and of Planning and Development (DPD) judgments for code RCW, including in-house CLE sessions, community and zoning codes against so-called medical marijuana violations. Through the sale of real property, the unit could client-training classes. “collective gardens.” collect $421,035.55 and fully satisfy two judgments.

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Amazon’s new business center to be warmed by the excess heat from the Westin’s downtown data center

Yancey owned several investment properties in land values, which makes finding affordable housing • The City Offices of Housing and Economic Seattle and Bellingham. Beginning in 1987, neighboring a critical problem. This reduces sprawl and enhances Development provide tens of millions of dollars in property owners complained about the condition of sustainability. The Land Use Section plays a critical role loans annually, and tap additional federal funding and Yancey’s Seattle properties. Between 2000 and 2012, in ensuring that Seattle doesn’t become a city where tax incentives, to support affordable housing projects the City issued 39 citations and notices of violation to only the wealthy can afford to live. throughout the City. These significant deals require Yancey and obtained five separate judgments for land legal advice and complex negotiations to ensure the • City leaders are considering innovative ways to use penalties and abatement fees. In 2013, Yancey public’s money is invested consistent with an array of mitigate the impacts of growth on affordable housing paid one of the judgments to avoid the sale of a Seattle complex laws and regulations. and protect tenants. They need solid legal advice property by the sheriff. In 2014, the City filed a com- on how to craft those solutions to fit state laws and • Under the guise of “affordable housing,” some land- plaint to have a receiver appointed to manage and sell constitutional limits. lords offer squalid rental units. The Land Use Section Yancey’s properties. The City held four judgments, enforces the Housing Code to protect tenants, who all which totaled over $2 million with post-judgment inter- • Developers have already challenged some of those deserve safe and decent affordable housing. est. Since then, the receiver has sold two of Yancey’s innovations. The Koontz Coalition—an homage to a Seattle properties and the City has recovered over 2013 pro-developer U.S. Supreme Court opinion— Fostering affordable housing is just part of the Land $420,000, which satisfied two judgments. The receiv- objected to increases in the affordable housing fee Use Section’s duties. The Section’s 10 attorneys and ership continues and additional properties will be sold. developers must pay to gain extra height as part of three professional staff constitute one of the single the downtown bonus program. The Land Use Section largest, and most respected, land use law teams in LAND USE beat back those challenges in federal court and before Washington, public or private. The section supports Affordable Housing the Growth Management Hearings Board. the City in all facets of shaping the urban landscapes we call home. Following Washington’s landmark Growth • Neighbors have challenged other innovations. Management Act(GMA), Seattle has accommodated When a group appealed the City’s approach to District Energy ever-increasing numbers of residents over the past “micro-units” in Superior Court, the Land Use It seemed like a simple idea: The Westin company’s two decades, passing Boston in 2014 to come the 21st Section defended the City and worked with downtown data center generates excess heat that largest and fastest growing American city. Reducing Council members on a new approach that avoided Amazon wants to use to help warm its new downtown urban sprawl enhances sustainability but also raises further litigation. campus, saving resources and money. But because this

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Bike lanes on 2nd Avenue Yesler Terrace

“district energy” proposal was among the first of its kind operated by the Seattle Housing Authority. For nearly a TORTS in the nation, it did not fit neatly within traditional code decade, SHA has been working with residents, city- The Torts Section defends the City against lawsuits requirements. A Land Use lawyer helped the parties nav- wide stakeholders, funders and City officials to plan a brought by plaintiffs who seek money damages for igate the law, in turn helping to establish a model for how sweeping redevelopment of the community. Section either personal injury or property damage. The section future downtown neighbors can turn waste into energy. lawyers have been crucial to every step. In 2014, also defends individually named employees where they worked on finalizing such details as plats, street Bike lanes the underlying facts arise out of the course and scope vacations, funding, park acquisitions and usage, and Seattle likes bikes. But the sentiment is not universal, of employment. Lawsuits against the City and its legislation enacted by the Council. especially when enhancing safe cycling opportunities employees arise out of a wide variety of circumstances. means changes to a neighborhood. The Department of Signs Besides defending lawsuits, the Torts Section takes Transportation proposed a more formal bike lane along Signs are part of our urban landscape. But balance is a lead role in pursuing large damage claims on behalf the west side of Lake Union. Local property owners key. Land Use lawyers work to strike that balance. To of the City as plaintiffs seeking damages due to the and tenants challenged the adequacy of the proposal’s address the misuse of “on-premise signs”—which are negligence of one or more persons or entities. The City environmental review by filing an appeal with the City limited to the sole use of a business on the property to is “self-insured” for all claims up to $6 million; that is, Hearing Examiner. Land Use lawyers defended the promote its own wares and services not to be handed Seattle’s general fund covers the first $6 million in fees, action and also worked with SDOT, the Mayor’s Office, over to billboard companies to sell space to the settlements and judgments. The Torts section also and opposing counsel to settle before the hearing. highest bidder—Land Use lawyers pursued a sweep- pursues insurance companies when they fail to accept Plans for the bike lane, shaped by input from a range of ing lawsuit to bring those signs in line with City law. our tenders of defense of cases exceeding $6 million. stakeholders, continue to take shape. When a company converted an on-premise sign into The section opened 74 cases and 26 project files in a billboard without proper permits, section lawyers Yesler Terrace 2014. The number of new cases is slightly higher battled an enforcement action through three levels of Thirty acres next to downtown Seattle will soon than the previous two years but is still lower than courts. And when the Councilmembers tightened City transform. Yesler Terrace is a diverse community of during the years leading up to 2012. The City has law to achieve a new balance, section lawyers helped 1,200—including families with children, seniors, people benefitted from a general trend county-wide but also them navigate the constitutional and other parame- with disabilities, and immigrants who speak a variety from the City Attorney’s emphasis on loss prevention ters in play. of languages—living in subsidized housing owned and and risk management.

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Risk Management the influence of alcohol and ultimately pleaded guilty because the driver reportedly complied with all treat- The Torts Section works extensively with City depart- to DUI. The City denied liability on grounds that the ment provisions of his probation, had committed to ments and with the City’s Risk Manager on liability detective was not in the course and scope of employ- not drive, and because the probation officer exceeded issues, focusing much of its attention on the operat- ment when the accident occurred. The City prevailed all probation policies by requiring him to report back ing departments that are most frequently involved in in its motion for summary judgment and the case at a greater frequency than otherwise required. At litigation due to the nature of their work: the Police was dismissed. a hearing, the trial court held that a question of fact Department, the Department of Transportation, SPU, remained whether, having undertaken to question the • K e a t t s – This case arose out of a boating accident Parks and City Light. Wide-ranging issues, incidents, driver about whether he was driving, the probation on Lake Washington. Plaintiff alleged that his rec- exposures, programs and opportunities are presented officer was grossly negligent by not then seeking to reational boat hit a large wake created by a “police each year. The section also provides direct training to verify the truthfulness of the driver’s statements by boat,” causing him to become airborne and break his operating departments on risk management techniques contacting outside sources. The City has appealed. back upon landing hard on the boat deck. Plaintiff and approaches. These efforts have paid off in the sued both the City and Mercer Island, both of which • The Torgerson (Gayle) case involved a pedestrian reduction of lawsuits filed. regularly provide harbor patrol of Lake Washington. struck by a motorist while crossing a City street in Personal Injury and Property Damage Litigation The City was dismissed on summary judgment after a marked crosswalk. The City was dismissed on The section’s cases typically involve matters ranging proving that it had no boat in the vicinity of the acci- summary judgment for lack of proximate cause. from relatively minor and resolved injuries to allega- dent when it took place. The plaintiff appealed to Division I of the Court of tions of wrongful death and catastrophic injury cases. Appeals. During 2014, the Court reversed the dis- • City v. Schneider Homes – The Torts Section recovered The section also handles property damage cases. missal and remanded the case for trial. The case then $102,500 regarding a sewage discharge into Bitter In cases handled during 2014, the underlying facts settled for $60,000. Lake that resulted from a defect in a private facility. included allegations of injuries resulting from negli- APPEALS gent road design, sidewalk trip and falls, automobile • S c o tt – Plaintiff, a university professor and nurse, accidents, premises liability, negligent supervision sustained a traumatic brain injury after tripping over • The plaintiff in the Cho is one of five pedestrians of a Municipal Court probationer, one boating acci- a displaced sidewalk panel. Defense and plaintiff struck by a pick-up driven by an intoxicated driver dent and various allegations against police officers experts agreed that plaintiff more probably than not at First Avenue S. and S. Massachusetts Avenue in such as excessive force and false arrest. Property suffered from cognitive impairment because of the October 2011. Cho alleged that the City was negli- damage cases included allegations of surface water fall. The case settled for $270,000, despite alleged gent regarding its failure to signalize or otherwise flooding, sewer backups and landslides. One police medical specials of $1,070,475 and alleged wage loss control the intersection. The trial court granted the action case was tried to a jury during 2014 (Morales, of $732,493. City’s motion for summary judgment in 2013. Plaintiff discussed below). • The Schulte v. City of Seattle and Mullan case arises appealed to Division I of the Court of Appeals, which affirmed the dismissal. Plaintiff then filed a petition Cases of particular interest out of a tragic incident in which a drunk driver struck for review to the Washington Supreme Court; that The section obtained dismissals and favorable settle- a family crossing a street, critically injuring a mother petition is pending. The companion case of Ha, which ments in numerous cases. Examples include: and her baby and killing the baby’s paternal grandpar- ents. At the time of the collision, the driver was under was brought by another of the pedestrians struck in • P r a t t– Plaintiff claimed injuries resulting from a Seattle Municipal Court supervision for a prior DUI. this crash, is still pending before the trial court. Given rear-end collision by an SPD detective, who was The plaintiffs sued the driver and the court, alleging the thousands of Seattle intersections and miles of then employed as an undercover narcotics detective, that the court’s probation department was grossly streets, the potential impact of cases like these on while driving a City vehicle. The defendant was under negligent. The City moved for summary judgment the City’s general fund is enormous.

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• In Elliott Bay Marina, plaintiff alleged that the City To avoid potential conflicts, the office continues to retain is illegally taxing it by requiring the marina to pay outside counsel to handle inquests into officer-involved • Oregon – The City defendants’ motion to dismiss was the rate for City sewer services when its side sewer incidents. During 2014 outside counsel handled four granted during 2013. This case settled during 2014 for connects directly to a King County trunk line. The inquests into shooting deaths. $38,000 while plaintiff’s appeal was pending. City prevailed on summary judgment and plaintiff Police Action Cases of Interest: appealed. Division I of the Court of Appeals affirmed • P o p e – Plaintiff alleged that he was falsely arrested • The Morales case arose out of an arrest on May Day the decision of the trial court. after witnesses called police complaining about his 2012. Plaintiff claimed that excessive force was used treatment of his daughter in a grocery store. The trial Advice and that she was falsely arrested. This case was tried court dismissed the case on summary judgment. Besides the section’s risk management work described to a jury in federal court. The jury found for defen- Plaintiff’s appeal to Division I of the Court of Appeals above, Torts lawyers routinely advise other Law dants on all claims but one and awarded $0 on that is pending. Department sections and City departments on numer- one claim. The court then changed the award to $1 in ous issues. During 2014 the Torts Section worked on nominal damages (since an award of nominal dam- • Caylor – City defendants sought dismissal on sum- several significant issues: ages must follow from the one claim found in favor mary judgment based upon qualified immunity • Recommended new language to include in future of plaintiff) and then awarded $165,405 in attorney’s involving claims of excessive force. The trial court City contracts that require the contractor to obtain fees to the plaintiff. The City’s appeal to the Ninth denied the motion. City defendants then appealed to insurance and to have the City named as an additional Circuit is pending. the Ninth Circuit; that appeal is pending. insured on those policies. The new language will pro- • The Brooks case involved the use of a Taser in drive- OTHER POLICE ACTION WORK hibit insurers from including cross-liability exclusions stun mode on a pregnant plaintiff during a traffic DOJ SPD Settlement Agreement in commercial general liability policies listing the City stop. The case was initially filed in federal court in While litigation remains the primary focus of the Police as an additional insured. 2006 and resulted in a decision by the Ninth Circuit Action Team, attorneys on the team are also deeply in favor of City defendants on all federal claims. Police Action Litigation involved in working with SPD in implementing the con- The plaintiff re-filed in state court during 2012. The majority of the police litigation continues to be sent decree between the City and the Department of The case settled during 2014 for $45,000 on all handled in-house with a small percentage of cases Justice. In 2014 this work included drafting and review- remaining claims. being handled by outside counsel mostly due to con- ing policies, representing SPD (and the City) in meetings flict situations. In 2014, 17 cases and six projects were • The Adams case involved five plaintiffs who claimed with the court-appointed monitoring team and DOJ, opened. All new lawsuits were assigned to in-house that excessive forced was used against them by police and serving as stewards for department reform while counsel—the first year that all of the police action work responding to neighbors’ noise complaints during a making sure that legitimate City concerns were raised was assigned in-house. Of the cases assigned to out- party. The case settled with all plaintiffs during 2014 in a diplomatic manner. Police action attorneys con- side counsel in prior years, only two remain active. for $195,000. tinue to attend most meetings on DOJ-related issues and also regularly attend Use of Force Review Board The City Attorney’s decision at the beginning of his first Appeals in Police Action Cases: sessions, Crisis Intervention Committee meetings, and term to bring police action work in-house continues to • Bear – Plaintiff claimed claimed that he was wrong- Community Police Commission meetings. In 2014 the pay dividends. In 2014, the section’s police action team fully arrested and that officers used excessive force team also provided technical assistance for developing and/or outside counsel obtained several dismissals and in his arrest. His claims were dismissed by the trial training modules on issues such as search and seizure, advantageous settlements. Six cases were closed with- court. In 2013 the 9th Circuit affirmed the dismissal. use of force, crisis intervention, and supervision of out payment and eight cases were settled for amounts Plaintiff’s petition to the U.S. Supreme Court was officers. The Police Action Team also continues to work ranging from $3,000 to $195,000, for $570,500. One denied in 2014. case went to trial. with SPD to implement data systems and analytical

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measures to track the extent to which policy reform Several Assistant City Attorneys and Assistant City independent investigative position. materializes into improved practices and stronger Prosecutors, including Torts attorneys, provide legal • The City Investigator prepares and provides City- relationships with the community, particularly regarding support to SPD’s Emergency Management Section. wide and departmental training courses on employ- stops and detentions and persons in crisis. Section attorneys help to staff the City’s Emergency ment law issues and workplace policies. She has Operations Center, provide legal support during emer- Other SPD Advice teamed up with the Personnel Department and other gencies and participate. In 2014 the Police Action Team provided direct client members of the City Attorney’s Office to develop advice to SPD on issues such as tracking cell phones; Non-City Litigation Advice and coordinate City-wide training and coordinate body-worn cameras; the use of drones, special commis- City employees are sometimes subpoenaed for deposi- joint training programs for the City and King County. sions and secondary employment; and various other tion in cases where, even though the City is not a party, The training programs are relevant, interesting, inter- issues. Team members continue to work with the Mayor’s the subpoena arises out of work-related issues. The active and in-depth. Office, the City Council and the Community Police Torts Section provides review and legal advice to indi- Commission on issues as they arise. Of particular note, vidual City employees and client departments regarding as the department has begun a pilot project to test the those business-related non-City litigation issues, includ- use of body-worn cameras on patrol officers, the Police ing trial and deposition subpoenas and required witness Action Team has worked closely with the department and appearances and requests for production of documents the Community Police Commission to balance the use of when needed. cameras to support police accountability with the privacy THE CITY INVESTIGATOR concerns of the community. The City Investigator’s services are offered through the Team attorneys regularly attend local police advisors City Attorney’s Office but benefit all City departments, meetings that bring regional attorneys together to discuss saving tax dollars compared with the cost of retaining issues in law enforcement. Team attorneys also attend outside counsel. local and national law enforcement conferences. • The City Investigator has handled numerous inves- Insurance Coverage Tenders tigations since July 2010, when the position was One of the City’s primary risk management tools is its created. She has worked with dozens of different City “additional insured” status under insurance policies departments, investigating complaints of discrimina- issued to the City’s contractors, concessionaires, vendors, tion, harassment, workplace safety concerns, retalia- permittees and those who hold events on City rights-of- tion, whistleblower claims, fraud, disciplinary issues way under street use permits. In 2014, section attorneys and citizen concerns. aggressively asserted the City’s interests in insurance coverage often in the face of denial or delay. Examples • The City Investigator provides assistance to man- include: Roberts (settled for $22,500 without contribu- agement or human resources personnel in pending tion by the City); Oltesvig (settled for $46,500 without investigations. She has acted as a co-investigator with contribution by the City); and Heay (settled for $90,000, outside investigators to address complex employ- including the City’s contribution of $30,000). ment issues or data driven investigations. Disaster Planning and Emergency Operations • The City Investigator’s position is unique. Other agen- Center Legal Support cies have asked how they could establish a similarly

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Pete and Police Chief O’Toole with DUI award winners at December ceremony

Establishing a new foundation was the theme in the developed a formal method of information sharing As we transition into 2015, our priorities are to focus Criminal Division in 2014. We continued the transition with the U.S. Department of Labor’s Wage and on refining the electronic discovery process; continue in key personnel and made advancements in electronic Hour Division. A Memorandum of Understanding to update internal polices to include proportionate discovery and many IT-related matters. We also made between SPD and the Labor Department will allow for sentencing, and to work more effectively with our com- tremendous strides with our partners in the Criminal investigative information to be shared, so that more munity justice partners. Justice Planning Committee. The CJPC began meet- wage theft cases can be prosecuted at the Administration ing in earnest in 2014, with representation from CAO, City’s misdemeanor level. Seattle Municipal Court, King County Department of CAO has a long history of providing opportunities for The Criminal Division’s new internal organizational Public Defense, Mayor’s Office and the Seattle Police volunteers and student interns to learn more about the foundation was formalized in 2014. We completed Department (SPD). The committee has established bet- legal process and criminal justice system. Law students our administrative reorganization and will conduct an ter ways to achieve justice for those interacting within work side by side with prosecutors to learn the basics of evaluation during the first half of 2015. With the reor- the municipal criminal justice system. case preparation, filing and trial work. During 2014, the ganization, we will better serve the needs of victims Criminal Division hosted 31 volunteers who provided In finding better ways to serve immigrants who and the community, and provide more support for the over 7,040 service hours, or the rough equivalent of may have fallen victim to wage theft, we have assistant city prosecutors. three full-time employees.

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Prosecution Support Team of 2014. Except for some report types, any report miss- CRIMINAL DIVISION OVERALL: 2014 2013 compared to 2014** In 2014 we brought the administrative and paralegal ing key information (suspect name, birthdate, height, 2013 Reports Rec’d ** 13,953 support from various units together under one umbrella, weight, race, sex, address and zip code) is automati- 2014 Reports Rec’d 12,175 Diff 2014–2013 (1,778) Prosecution Support. This team prepares all case filing cally rejected and returned to the officer or detective % Change -13% paperwork, orders and receives thousands of items of submitting the report to gather the required informa- 2013 Cases Filed 7,818 2014 Cases Filed 7,142 discovery, makes victim and witness contact for inter- tion. Once the key information is gathered by SPD, the DIFF 2014–2013 (676) views, restitution and files motions for the division. report will be re-released to the division for a charging % Change -9% decision. This will allow us to file cases that before 2013 Reports Declined 5,740 Cross training staff to prepare various types of cases 2014 Reports Declined 5,045 could not have been filed, per court rules. DIFF 2014–2013 (695) rather than having individuals specialize in a certain case % Change -12% has reduced backlogs of Retail Theft Program and sum- Criminal Division Statistics 2013 % Reports Received were Declined 41% mons cases within the Case Preparation staff. We con- In 2014, the division received 12,175 reports from SPD 2014 % Reports Received were Declined 41% 2013 Avg # Days from Date Rec’d to Dispo this Qtr 351 tinue to strive toward standardization of office processes. and filed 7,142 cases. Breaking down those numbers, 2014 Avg # Days From Date Rec’d to Dispo this Qtr 244 the division received 3,527 domestic violence reports Prosecutors have started their training on the prosecutor 2013 In Custody Arrg 8,000 and filed DV charges on 1,273; we received 958 DUI 2014 In Custody Arrg 8,051 software DAMION, and declines (police reports sent DIFF 2014–2013 51 reports and filed on 977. (Note: Some reports may have % Change 1% back to SPD) are now processed electronically. A new been received in 2013 but not filed until 2014.) In 2014, 2013 Total # Bookings this Qtr 4,609 SPD process of report submission will allow for com- 2014 Total # Bookings this Qtr 4,108 overall cases were, on average, finalized in 244 days plete reports to be received electronically by our office. DIFF 2014–2013 (501) and 107 days sooner compared with 2013. % Change -11% If a report is missing a necessary tabled field, the officer 2013 Total Booked w/Case Declined at ICA 867 will receive an email and is expected to provide that APPEALS 2014 Total Booked w/Case Declined at ICA 839 DIFF 2014–2013 (28) information within a short while so the report can be % Change -3% The Appeals Unit resolved 35 criminal appeals and resubmitted for a charging determination. 2013 % Total Booked w/Case Declined 19% writs in 2014. We also argued Seattle v. Evans, 327 P.3d 2014 % Total Booked w/Case Declined 20% Successful collaboration with SPD’s Video Unit has also 1303 (2014), in which the Court of Appeals upheld the 2013 Intake 5,405 resulted in reducing the time required for obtaining in 2014 Intake 4,517 constitutionality of Seattle’s dangerous knife ordinance. DIFF 2014–2013 (888) car videos. Several new technological systems emerged: We also prepared six summaries of recent decisions of % Change -16% SECTOR (e-citations); SPD Auto-Decline project; the our appellate courts for the Criminal Division attorneys. 2013 Motion Setting 722 2014 Motion Settings 699 Prosecutor Discovery Module and Electronic Court Filing. DIFF 2014–2013 (23) APPEALS 2014 % Change -3% Law Department Liaison Officer: In summer 2014, 2013 PTH Setting 15,733 80 73 (up 16%) SPD appointed a dedicated liaison officer, Miguel 69 (down 5%) 2014 PTH Setting 13,929 70 DIFF 2014–2013 (1,804) Torres, to be housed within our office. Torres assists 63 (up 40%) 60 % Change -11% 2013 Jury Trial Settings 821 city prosecutors in completing pre-trial investigative 50 49 (down 29%) tasks. The objective is to increase the number of suc- 2014 Jury Trial Settings 686 40 35 (down 28%) DIFF 2014–2013 (135) % Change -16% cessful criminal prosecutions by providing prosecutors 30 2013 Jury Trials with Finding 128 with pre-trial investigative assistance and determine 20 2014 Jury Trials with Finding 104 training needs for other officers. 10 DIFF 2014–2013 (24) % Change -19% 0 Law Department Decline Project: In partnership with 2010 2011 2012 2013 2014 SPD, the Decline Project was implemented at the end ** Auto decline filter was activated during a portion of 2014

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PUBLIC RECORD REQUESTS for blood testing. The ruling potentially invalidated DUI 2014 2013 compared to 2014 hundreds of blood test results on pending DUI cases. The City Attorney’s Office is committed to open gov- 2013 Reports Rec’d ** 1,118 The DUI unit worked with SPD and the Washington 2014 Reports Rec’d 958 ernment and compliance with its obligations under the Diff 2014–2013 (160) State Toxicology Lab to re-write warrants on numer- % Change -14% Washington Public Records Act, RCW 42.56, and related ous cases and re-test the blood to obtain admissible 2013 Cases Filed 1,030 laws. We strive to respond in a timely and professional toxicological results allowing these cases to be pros- 2014 Cases Filed 977 manner to all requests from the public for records. DIFF 2014–2013 (53) ecuted. The DUI unit also worked with SPD to revise % Change -5% In 2014, the Criminal Division addressed 45 public search warrant requests for a blood draw and testing 2013 Reports Declined 12 2014 Reports Declined 45 records requests. The majority of requests were related pursuant to Martines. DIFF 2014–2013 (33) to an incident or specific police report but some were % Change 275% The DUI unit prosecuted many high-profile offend- 2013 % Reports Received were Declined 1% more far-ranging, in-depth or time-consuming. ers in 2014, including a member of the Seattle Fire 2014 % Reports Received were Declined 5% 2013 Avg # Days from Date Rec’d to Dispo this Qtr 421 DRIVING UNDER THE INFLUENCE Department who is a repeat offender. The City also 2014 Avg # Days From Date Rec’d to Dispo this Qtr 461 prosecuted a woman with a past vehicular homicide In 2014 the Criminal Division increased its capacity 2013 In Custody Arrg 550 conviction. These cases remind us of the importance 2014 In Custody Arrg 666 to prosecute DUI cases in order to assist in reduc- DIFF 2014–2013 116 of prosecuting all DUIs to prevent future harm to % Change 21% ing SPD’s backlog of DUI warrants. The DUI unit is our community. 2013 Total # Bookings this Qtr 206 staffed by two experienced DUI prosecutors, Miriam 2014 Total # Bookings this Qtr 298 DIFF 2014–2013 92 Norman and Meagan Westphal. These prosecutors The year also marked the inception of the DUI % Change 45% file most DUI charges, try the high-profile cases and Enforcement Awards. In December, CAO hosted a 2013 Total Booked w/Case Declined at ICA 2 train both prosecutors and law enforcement on DUI ceremony honoring the hard work of our SPD officers; 2014 Total Booked w/Case Declined at ICA 5 DIFF 2014–2013 3 and traffic related matters. they truly save lives “one traffic stop at a time.” The % Change 100% ceremony culminated with the presentation of the 2013 % Total Booked w/Case Declined 1% 2014 also brought new challenges to the prosecution Annual “Joselito Barber Memorial Award” to Officer 2014 % Total Booked w/Case Declined 2% of DUIs. State v. Martines changed the legal require- Edward Harris for his outstanding lifetime commit- 2013 Intake 982 ments for application and testing for blood procured 2014 Intake 901 ment to DUI enforcement. DIFF 2014–2013 (81) by a search warrant by requiring a specific warrant % Change -8% 2013 Motion Setting 497 2014 Motion Settings 476 DUI – 2014 AVERAGE DAYS TO DISPOSITION DUI – 2014 * DIFF 2014–2013 (21) 500 % Change -4% 4000 450 2013 2013 PTH Setting 3,449 COMPLETED** 2014 400 3500 2014 PTH Setting 3,500 PENDING* DIFF 2014–2013 51 3000 350 % Change 1% 300 2500 2013 Jury Trial Settings 361 250 2000 2014 Jury Trial Settings 259 DIFF 2014–2013 (102) 200 1500 150 % Change -28% 1000 100 2013 Jury Trials with Finding 32 500 2014 Jury Trials with Finding 27 50 DIFF 2014–2013 (5) 0 0 % Change -16% 2013 2014 REPORTS CASES DECLINE ICA INTAKE MOTIONS PTH JURY JT SETS FINDINGS

**Average Number of Days to Dispo beginning 2014 no longer include Dismissals Due to Age *** Decline code not used until 7/1/2011. 2011 only reflects numbers for 6 months. ** Auto decline filter was activated during a portion of 2014 *Pending dispo = start date of PTD, DP, SOC and DC

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DUI awards ceremony Signing the labor agreement with criminal attorneys union Pete, Chief O’Toole and DUI prosecutors

DOMESTIC VIOLENCE UNIT a single visit by a patrol officer is often not enough to request and unwittingly called the victim in violation either get the whole picture of a domestic violence of the original no-contact order. Each time, the victim 2014 provided the Domestic Violence Unit (DVU) sev- situation or collect all the necessary evidence and informed them she did not have the means to bail eral opportunities to be nimble in the face of productive interview, to develop a complex case. him out. The defendant was charged with 10 counts change. The unit expanded services provided to families of Violation of a No Contact Order (VNCO) based on experiencing the crisis of violence. We now offer victim One case in which detective support was critical to those calls. advocacy in all family violence cases, providing support the success of the prosecution was that of Gabriel and enhanced access to the criminal justice system. Hernandez. One DV case turned into much more when Pursuing charges on these violations would have been the City could fully investigate the witness intimidation impossible without the help of detective follow-up DVU prosecutors handle these cases at every phase by the defendant during the initial litigation. Hernandez work. SPD Det. Suzanne Ross helped find the hotel now, which ensures that the quality litigation we have is a high-risk offender with a conviction for second-de- manager to identify the victim as the person in the traditionally provided intimate partner violence cases gree murder and significant DV history in Illinois. In room with the defendant. She also helped document serves many family violence cases. The DVU also the initial case, he and his girlfriend were staying in a the jail calls so charges could be filed. Ross also located streamlined its trial preparation process, with a divi- hotel room when they began arguing. The defendant each bail bonds company employee, who testified sion-wide restructure of the Prosecutor Support Team. punched her in the head as she tried to push past him about the calls and identified the voice of the caller. We can more quickly meet the enhanced demands to leave. She did not appear for trial and that assault of DV litigation, as our designated assistant paralegal The defendant was convicted of five counts of case was ultimately dismissed. devotes all her time to DV cases. Attempted VNCO for the calls to the victim, and six While the assault case was pending, however, counts of VNCO for the calls to the bail bonds. SMC Detective support from SPD Assistant City Prosecutor Lorna Sylvester requested Judge Karen Donohue sentenced the defendant to In 2014 the DVU continued its good working relation- jail recordings that showed the defendant calling the 1,500 days in jail based on his history and the strong ship with the police department. Cases that required victim several times. She only answered one of the evidence of persistent violations. detective follow-up received attention from two desig- calls, but many other calls went unanswered. After sev- nated detectives, and later in the year SPD transitioned One of the unique challenges facing the Domestic eral unsuccessful attempts to reach her, the defendant the coverage so that all felony detectives handled some Violence Unit is how to maximize victim safety and began calling bail bonds companies and asking them misdemeanors by assignment. The support of this unit offender accountability when the victim is not willing to call the victim to bail him out of jail. Each time, the was invaluable in some of our most serious cases, as to participate in prosecution. Many of our cases rely bail bonds companies complied with the defendant’s

32 CRIMINAL DIVISION continued on the victim’s participation in the system, which is Rosa-Mullen, maintained contact with her, updating her frequently very intimidating and can even make a on the status and discussing her concerns about the No I honestly appreciate the time victim feel much less safe. Sometimes, we can proceed Contact Order. She could address the court three times “ without the victim, and since witness intimidation is so prior to the trial, to ask that the No Contact Order be and genuine concern. It was prevalent in domestic violence cases this is often the canceled. Eventually, the court allowed email and phone very refreshing to feel heard by only way to ensure that an offender is held accountable. contact, but no in-person contact. someone who genuinely cares A DV case under the microscope Assistant City Prosecutor Jana Jorgensen took the Little in a process that can feel too In late 2013 a woman heard a loud altercation downtown. case to trial and the civilian witnesses testifi ed, as did She saw James Little pushing a woman over the top of the victim and offi cers. The victim again denied the bureaucratic at times. Thank you a short fence, his hands around her neck in a strangling assault occurred; however, the jury convicted the defen- so much. position. The victim’s body was bent backwards over the dant of assault because of what the witnesses saw. The ” From the boyfriend of a fence from the force of the man strangling her. When jury found the defendant not guilty of reckless driving. mentally ill woman who had attacked him: the man noticed the witness was on the phone with After hearing from the victim, the court sentenced Little police, he ran to his nearby SUV and ordered the victim to 30 days in jail with domestic violence treatment and into the car. The woman complied, and they drove away mental health treatment, a No Contact Order protect- at high speeds, sometimes weaving in and out of busy ing the victim, and other conditions. While the victim downtown traffi c. The fi rst police offi cer who followed remained opposed to the outcome, the DVU and the the car lost sight of it but eventually caught up and con- court made sure that she was heard during the case. ducted a high-risk stop. Specialized advocacy for more victims Offi cers spoke with the victim, who acknowledged they The DVU continues to make strong victim advocacy had been in a heated argument and that the suspect the centerpiece of a victim-focused criminal justice was driving the way he was to avoid the police, but she response. The unit has always provided advocacy not denied the assault. From the outset, this case appeared only for Intimate Partner Violence (IPV), but also for to be one where the City would have to proceed without Child Abuse and Elder Abuse cases. The DVU continues the victim’s cooperation. Even when the prosecutor tries to have advocates who primarily specialize in Intimate a case without the victim, they still must have a “voice” Partner Violence: Kimberly McDaniel, Theresa Phillips, in the system. Research shows that simply being heard Alma Pavlik and Summer Rosa-Mullen work hard to benefi ts the victim more than the eventual adjudication. make the voices of IPV victims are heard in a system The DVU does outreach and service referrals for even often bewildering and frustrating for survivors experi- reluctant victims. It also has a process for victims encing a crisis. They also work with victims to access to address No Contact Orders relatively easily. No services in the community that help survivors in crisis Contact Orders can have a serious negative impact achieve stability and support. on the lives of those who are protected by them, so The DVU also focuses on Elder Abuse by having advo- the court must allow low-barrier access to victims to cates who specialize in working with elder and physically address these orders. vulnerable victims. Joanne Luong and Cheryl Mezich both Throughout the Little case, the victim did not sup- work with this unique population, and they cooperate with port prosecution. The victim’s advocate, Summer Lorna Sylvester, who besides being the DVU’s prosecutor

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for high-risk cases, is the unit’s Elder Abuse prosecutor. overall response to the defendant’s violence and control. DV UNIT 2014** 2013 compared to 2014** Giving a voice to this unique population is a rewarding Cominos was initially charged with assaulting his elderly 2013 Reports Rec’d ** 3,229 challenge, and besides doing this work Luong and Mezich mother who suffers from dementia. A third party 2014 Reports Rec’d 3.527 Diff 2014–2013 228 carry a caseload of IPV cases. Karen Irish works exclu- observed the defendant forcing his mother into a car % Change 7% sively with child victims. Having advocates who can work and could hear the defendant screaming and yelling at 2013 Cases Filed 1,154 2014 Cases Filed 1,273 in multiple disciplines has helped the unit stay nimble her to take him to the store. The defendant has chemi- DIFF 2014–2013 119 and achieve good coverage of cases in light of busy court cal dependency issues and is on methadone. % Change 10% schedules and tight deadlines. 2013 Reports Declined 2,033 While the case was pending, elder abuse advocate 2014 Reports Declined 1,997 DIFF 2014–2013 (36) We have worked to maintain our strong staffing of advo- Mezich kept in contact with the mother, who was % Change -2% cates, adding Rosa-Mullen and Lynn Craig to the team also physically frail. On one occasion, Mezich noticed 2013 % Reports Received were Declined 62% to fill positions vacated by advocates who left. The team 2014 % Reports Received were Declined 57% 2013 Avg # Days from Date Rec’d to Dispo this Qtr 248 also brought Jeaneen Watkins and Craig to the DVU to DV 2014 2014 Avg # Days From Date Rec’d to Dispo this Qtr 239 provide a type of advocacy not provided before. Watkins, 4000 2013 In Custody Arrg 1,163 who was previously the Criminal Division’s Harassment 2014 In Custody Arrg 1,631 DIFF 2014–2013 468 3500 Advocate, joined the team to provide advocacy to all % Change 40% family violence cases that are not Intimate Partner 3000 2013 Total # Bookings this Qtr 1,339 2014 Total # Bookings this Qtr 1,426 Violence, Elder Abuse or Child Abuse. As with many of 2500 DIFF 2014–2013 87 our other victim advocates, Craig divides her caseload % Change 6% 2000 2013 Total Booked w/Case Declined at ICA 427 between her specialty caseload and IPV cases, and she 2013 2014 Total Booked w/Case Declined at ICA 489 2014 has a background in chemical dependency treatment 1500 DIFF 2014–2013 62 % Change 15% that makes her especially suited to advocate for the 1000 2013 % Total Booked w/Case Declined 32% families of defendants. 2014 % Total Booked w/Case Declined 34% 500 2013 Intake 300 One example of how advocacy is different is that many 2014 Intake 359 0 involve adult children and parents as victims and REPORTS CASES DECLINE ICA INTAKE MOTIONS PTH JURY JT DIFF 2014–2013 59 SETS FINDINGS % Change 20% defendants. Issues of mental health or chemical depen- *** Motion settings were not counted until Q1 2014 2013 Motion Setting 61 dency frequently underlie the criminal behavior, so the 2014 Motion Settings 55 DIFF 2014–2013 (6) advocacy needs of the victims are unique. Watkins has a % Change -10% background in mental health interventions that helps her 2013 PTH Setting 2,297 DV – 2014 AVERAGE DAYS TO DISPOSITION steer families in crisis to resources that improve stability 2014 PTH Setting 2,547 DIFF 2014–2013 250 beyond the criminal response. Both she and Craig inform 300 % Change 11% COMPLETED** 250 the prosecutor of the family’s unique needs so condi- PENDING* 2013 Jury Trial Settings 369 200 2014 Jury Trial Settings 377 tions of release or probation conditions are appropriate DIFF 2014–2013 8 tools for both the defendant and his or her family. 150 % Change 2% 100 2013 Jury Trials with Finding 31 A Family Violence case up close 50 2014 Jury Trials with Finding 22 DIFF 2014–2013 (9) One family violence case that also involved elder abuse 0 % Change -29% was that of Peter Cominos. The relationship between 2013 2014 **Average Number of Days to Dispo beginning 2014 no longer include Dismissals Due to Age ** Starting April 1, 2014, DVNI (Domestic Violence Non-Intimate Partner) referrals and cases were captured the advocate and the victim was very critical in the *Pending dispo = start date of PTD, DP, SOC and DC in DV data per change in office policy

34 CRIMINAL DIVISION continued a change in her demeanor. She suspected that the than other cases and have evidentiary elements other defendant was present in the house in violation of the cases don’t have, such as important 911 recordings, I totally appreciate all that you are no-contact order. Assistant City Prosecutor Sylvester photographs, recorded statements, medical records “ called the precinct and asked for offi cers to do a welfare and documentation by detectives. doing for me and my son in this check of the home. When offi cers arrived, they saw Elms coordinates the ordering of supplemental evi- process. It would most defi nitely the defendant at the home in violation of the no-con- dence and provides discovery to defense attorneys for tact order. Our attorney then charged Cominos with be a lot more scary and unsettling all DV cases. Having a designated assistant paralegal Violation of the No Contact Order. if I didn’t have you helping me. has been uniquely helpful, as Elms understands the Cominos pleaded guilty to the No Contact Order timelines and need for accuracy in all DV cases. Her I really appreciate it. charge in exchange for a dismissal of the assault diligent performance and attention to detail is even From a victim who had fl ed the state with her infant ” charge. Later, the prosecutor discovered numerous jail more critical to the success of the team due to the son to get away from her abuser calls made by the defendant to his mother in violation increased caseload and broad range of family violence of the order. A probation hearing was scheduled, and cases DVU prosecutors now litigate. jail time was imposed for the probation violations. Co-location of services However after he served his sentence he was again released from custody. The DVU continues to have tremendous success with its co-located programs, in which staff from other agencies Following his release, the mother arrived at court, plan- physically reside with the DVU to provide a multi-dis- ning to ask that the no-contact order be lifted. Mezich ciplinary response to legal issues and victims’ needs. was present in court that day to assist her. When she The King County Prosecutor’s Offi ce assigns a deputy arrived at the courtroom alone, Mezich became con- prosecuting attorney part-time to our unit, and in 2014 cerned because she knew that the mother had trouble Kim Wyatt continued in this position. She streamlined with transportation in the past and had diffi culty getting the referral of cases for felony charges, coordinating around. After speaking with the marshals and security litigation and negotiation of cases where defendants staff, she and the prosecutor determined that the defen- have charges in multiple jurisdictions, and assisted with dant had driven the victim to court to have the no-con- investigation of complex misdemeanor cases. tact order lifted. Offi cers were called to the scene and the defendant was immediately taken into custody. The DVU also continued to benefi t from the co-located victim advocate program. The City’s Human Services Dedicated trial support Department has funded this position and expanded it Cary Elms joined the DVU as our assistant para- last year to include two co-located advocates. Cydney legal, and her arrival has been a great help to the Jones of Salvation Army and Ana Rivera of Consejo are prosecutors’ trial preparation. Across the Criminal the community-based advocates who spend time in the Division, the relationship between support staff domestic violence units of both the CAO and SPD. They and trial preparation changed dramatically in 2014. provide direct services to victims, including housing, Much more focus was put on effi cient and thorough food, transportation and other assistance. Their work trial preparation, and closer relationships between with victims has succeeded, and the ability to help coor- prosecutors and support staff. The DVU has unique dinate direct-service outreach has been a huge help to needs in this area: DV cases are litigated more quickly the victim advocates in our DVU.

35 CRIMINAL DIVISION continued

Pete at Buyer Beware prostitution press conference Marra Farm DUI attorneys being interviewed by KIRO

The DVU prosecutors in 2014 Jim Kenny, Krystle Curley, HIGH PROFILE CASES Overall, the eyewitnesses portrayed Bullene, Howell Jenna Robert, Yelena Stock, Jana Jorgensen, Andrew and Jarvinen as the aggressors who started and esca- Firefighters’ case: On March 15, 2014 after a Tsoming and Lorna Sylvester. Each worked hard to lated the violence while making derogatory remarks. In Sounders game two Seattle firefighters, Scott Bullene deliver effective litigation in these difficult cases. Julie response, the three were charged with assault and with and Robert Howell, and Bullene’s girlfriend, Mia Huffman is the Advocate Supervisor and Cindi Williams malicious harassment. Malicious harassment is Seattle’s Jarvinen, were reported to have attacked multiple is the DVU Supervisor. sole hate crime statute. In 2007, “homelessness” was homeless individuals near the firefighter’s memorial added to the statute as part of a continued effort to The DVU has five prosecutors, and in 2014 they were in Pioneer Square. In the fall of 2014 the three were combat hate and intolerance directed towards homeless Jim Kenny, Krystle Curley, Jenna Robert, Yelena Stock, prosecuted for their actions. individuals. This case was the first time that the “home- Jana Jorgensen, Andrew Tsoming, and Lorna Sylvester. As Bullene, Howell and Jarvinen approached the lessness” prong of the statute was used and this case Each worked hard to deliver effective litigation in firefighter’s memorial they came upon a man who demonstrated why this prong is necessary. During trial these difficult cases. Julie Huffman was the Advocate appeared to be homeless. Eyewitnesses said defen- the statute was upheld by the court against multiple Supervisor and Cindi Williams was the DVU Director. dants called out the victim for “disrespecting” the challenges raised by the defense attorneys. Trial lasted Domestic Violence Non-Intimate Partner Cases: firefighter’s memorial as he lay on/near the memorial. slightly over three weeks and the jury heard testimony In 2014, the SCAO adjusted its internal procedures Some eyewitnesses saw Jarvinen kick the man in the from 16 people. The City called 13 witnesses, most of to include victim advocacy for victims of domestic face as he lay on the ground, wrapped in a blanket. whom were eyewitnesses, and each defendant testified. violence not in an intimate relationship with their Other witnesses saw Howell stomping on the man. The defendants were acquitted. abuser. These types of cases include violence between In response many people ran to aid the man on the Assault with Sexual Motivation: The Seattle Municipal roommates, sister/brother, parent/adult-child, among ground. Bullene was then seen beating a different Code was amended in 2013 to include the crime of others. We intend to provide advocacy to a greater man who appeared to be homeless with a walking assault with sexual motivation. number of victims and provide increased clarity and stick he had taken from him. Eyewitnesses further consistency within the division. The transition will indicated that among Bullene, Howell and Jarvinen Under SMC 12A. 06.010 (B) the City Attorney may also allow for all reports that fall under the domestic they called the people around them “worthless,” file an assault charge with a special allegation of sexual violence definition of family or household member per “scum” and chastised them for being homeless, living motivation. The City must prove that “at least one SMC 12A.06.120 to be handled by the same unit. on taxpayer support and being a drain on society. of the purposes for the assault was for the actor’s sexual gratification.”

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This change allows prosecution of misdemeanor its innovative Community Court. 2014 was the fi rst assaults done for sexual gratifi cation of the offender. full year of “Community Court 2.0.” The court, which began in 2005, provides an alternative path from the This past year the City fi led 42 such charges. The In my own life, the only person traditional escalating incarceration approach for people “ most notable were charges against an individual who who had seen justice for domestic charged with “quality of life” type crimes (theft, criminal became known as the “Westlake Groper.” With the trespass, prostitution etc.). Using ideas of restorative violence was my ex-fi ancé and that assistance of a dedicated citizen the police appre- justice, people accepted into Community Court give hended the offender who had groped many women took 10 months of legal battles back to society by participating in community service in the area around Westlake Park. The defendant was and the support of the prosecuting projects throughout the City. This work can range successfully prosecuted. from assisting at a local food bank, helping to fi x up a attorney’s offi ce. If I hadn’t had Other successful prosecutions featured the team- community garden or cleaning up graffi ti. With over 15 their support and a court advocate, work of prosecutors and domestic violence advocates. partners, the work is varied and provides meaningful perhaps I wouldn’t have gone all Assistant City Prosecutor John McGoodwin had two benefi t to local organizations. cases in which he worked with DV advocates Rosa- the way through to seeing justice. Besides giving back, Community Court’s other focus is ” Mullen, McDaniel and Watkins. In both cases we From a victim who had a family history of violence and on providing participants the help they need to put their brought to justice a suspect sentenced to substantial sexual abuse, and her case in Seattle Municipal Court lives on a better path. One of the major recent changes was the fi rst time she had seen someone prosecuted amount of jail. Assistant City Prosecutor Marc Mayo, to Community Court is an emphasis on creating an with the invaluable assistance of advocate Irish, suc- individualized plan for each person. Where the original cessfully prosecuted a suspect who assaulted a 17-year- court had a one-size-fi ts-all approach, the new ver- old young woman waiting at a bus stop on her way to sion recognizes that some people benefi t from greater school. He was attempting to grab her and at least kiss structure in their lives that the court can provide while her. The brave young woman successfully fought him others may benefi t from having a more limited contact off long enough to get away and call the police. with the criminal justice system. Another major change Our offi ce, with the help of the victims and SPD, could is an emphasis in helping participants take bigger steps act quickly to have strict No-Contact Orders in place in addressing the underlying issues that may have led and to request that high bail be set. Successful prosecu- to their criminal behavior. These steps might include tions resulted in offenders receiving substantial jail time, getting assistance in signing up for housing or public strict no-contact orders and offenders were ordered to benefi ts, starting a GED or job training program, or undergo evaluations and recommended treatment for participating in chemical dependency or mental health sexual deviancy. treatment. Even with these changes, the old goal of helping participants to help themselves remains. In all cases prosecution would not have succeeded without the victims’ brave and invaluable assistance In 2014, Community Court added two exciting commu- in reporting the crime and willingness to assist in the nity service partners: prosecution. • Marra Farms: In the South Park neighborhood of Community Court Seattle, Marra Farms is a four-acre urban farm In October 2013, the City Attorney’s Offi ce, with Seattle engaged in sustainable agriculture and education Municipal Court, launched an ambitious update to that provides fresh produce to food banks and

37 CRIMINAL DIVISION continued

local residents. This site has quickly become a opportunity to succeed. The court has also been DWLS-3 2014 2013 compared to 2014** favorite of Community Court participants who fortunate to continue its strong relationship with 2013 Reports Rec’d 932 AmeriCorps. These volunteers work tirelessly to help 2014 Reports Rec’d ** 644 have commented on the satisfaction they have Diff 2014–2013 (288) taken from the work at the farm and whose participants embrace the opportunities of the court % Change -31% and often work side-by-side with them on community 2013 Cases Filed 419 efforts have helped contribute to the 22,000 2014 Cases Filed 329 pounds of fresh organic produce grown there. service projects. DIFF 2014–2013 (90) % Change -21% • Seattle Public Utilities (SPU): A common This time of change for Community Court has been 2013 Reports Declined 513 both challenging and rewarding as we see how the 2014 Reports Declined 366 complaint of Seattle residents is the blight DIFF 2014–2013 (147) of graffiti in our neighborhoods. In 2014, implemented updates are making such a positive % Change -29% impact on people’s lives. As we move forward, we rec- 2013 % Reports Received were Declined 55% Community Court teamed up with SPU to work ognize the difficulties we face in dealing with individuals 2014 % Reports Received were Declined 57% on its graffiti abatement project. Community 2013 Avg. # Days From Date Rec’d to Dispo 668 often suffering from serious chemical dependency Court participants, under supervision of our 2014 Avg. # Days From Date Rec’d to Dispo 683 2013 In Custody Arrg. 268 new Community Service Work Crew Leader, DWLS –3 2014 2014 In Custody Arrg. 243 DIFF 2014–2013 (25) 1000 painted over graffiti at numerous locations % Change -9% 900 throughout the City. 2013 Total # Bookings 87 800 2014 Total # Bookings 72 Throughout 2014, Community Court participants con- 700 DIFF 2014–2013 (15) 2013 % Change -17% 600 tributed over 5,000 hours of community service at local 2014 500 2013 Total Booked w/Case Declined at ICA 16 non-profit partners in Seattle. 2014 Total Booked w/Case Declined at ICA 11 400 DIFF 2014–2013 (5) Another change for 2014 was the roll-out of a differ- 300 % Change -31% ent plan to address prostitution cases. Under the new 200 2013 Total Booked w/Case Declined 18 100 2014 Total Booked w/Case Declined 15 guidelines, all prostituted persons are given the oppor- 0 2013 Intake 461 tunity to have their charges dismissed upon completion REPORTS CASES DECLINE ICA INTAKE MOTIONS**** PTH JURY JT 2014 Intake 359 SETS FINDINGS DIFF 2014–2013 (102) of their Community Court obligations. Prostituted % Change -22% **** Motion settings were not counted until Q1 2014 persons entering Community Court must attend a 2013 Motion Setting 28 four-session Sex Industry Worker’s Class, complete an 2014 Motion Settings 49 DWLS– 3 2014 AVERAGE DAYS TO DISPOSITION DIFF 2014–2013 21 HIV test, and make social service contacts as deter- % Change 75% 800 2013 PTH Setting 909 mined by a probation counselor. At the class, partici- COMPLETED*** 700 2014 PTH Setting 758 pants can meet with a case manager who can be their PENDING* DIFF 2014–2013 (151) 600 advocate and assist them in attaining wrap-around % Change -17% 500 2013 Jury Trial Settings 45 services. 400 2014 Jury Trial Settings 46 DIFF 2014–2013 1 While much has changed about Community Court, 300 % Change 2% it still remains a firm partnership among our office, 200 2013 Jury Trials with Finding 0 100 2014 Jury Trials with Finding 2 municipal court and the Associated Counsel for the DIFF 2014–2013 2 0 Accused Division of the King County Department 2013 2014 % Change 100% of Public Defense. Collaborating ensures that each ** Auto decline filter was activated during a portion of 2014 and approximately 176 citations were not captured ***Average Number of Days to Dispo beginning 2014 no longer include Dismissals Due to Age due to backlog. participant is treated with respect and is given every * Pending disposition = start date of PTD, DP, SOC and DC

38 CRIMINAL DIVISION continued

issues or mental health concerns. We strive to seek the MHC can be an effective tool in assisting mentally ill proceed with the criminal charges. Some cases qualify proper balance between holding people accountable for defendants to stay on medications and stay engaged for the defendants to be transferred to Washington their actions and providing them the services they need with community mental health services. An example State Hospital for medications. Usually, however, the to keep them out of the criminal justice system. from this year is the case of Mr. S. His mental illness charges are dismissed. To ensure the safety of both the caused him to become obsessed with his former community and defendant, defendants are referred to When it began, Community Court’s slogan was “a employer’s daughter, and even though no relationship mental health professionals to determine whether civil non-traditional approach to solving traditional prob- existed between them, he had a fixed delusion she commitment is prior to release. Our office continues to lems.” We hope that with the updates to the program was his wife. The victim and her family became very advocate for better county and state funding for mental we continue to be innovators and continue our quest to afraid because of his repeated unwanted contacts. health programs. make Seattle a safer and more just place to live. Mr. S was charged with one count of stalking. Shortly Veterans Treatment Court Mental Health Court after his arrest, he was transferred to a hospital on an involuntary civil commitment. Following the hospital- Veterans Treatment Court (VTC) began serving Seattle Municipal Mental Health Court completed its ization, Mr. S was stable on medications and was no eligible veterans during Pete’s first term, in September 15th year in operation to improve public safety, reduce longer fixated on the victim. The City was concerned, 2011. It was created to serve the needs of veterans jail use and interaction with the criminal justice system however, that Mr. S might not continue mental health negatively affected by their military service. It is a for persons with mental illness, and connect partici- treatment. Considering that his stalking behavior was voluntary court-monitored therapeutic treatment pating defendants to mental health services. Mental caused by mental illness, the City offered a two-year program that balances the mental health and/or sub- Health Court (MHC) is a voluntary program in which dispositional continuance to resolve the case, as stance abuse needs of the veteran defendants with defendants must be willing and competent to comply opposed to requiring a guilty plea and conviction. Mr. the need for public safety. It was created through the with conditions set out by the court. CAO is an integral S opted into MHC in May and agreed to follow the collaborative efforts of our office, Associated Counsel part of the MHC Team, which comprises a judge, pros- conditions of the court for two years. Throughout the for the Accused, the state Department of Veteran ecuting and defense attorneys, probation counselors remainder of the year, Mr. S maintained engagement Affairs, the U.S. Department of Veteran Affairs, King and mental health professionals. In late 2011, the court with his mental health services, continued to take his County Department of Community and Human commissioned Law and Policy Associates to conduct mental health medications, and met regularly with his Services and the Seattle Municipal Court. Seattle VTC a study of MHC’s processes and outcomes. The study MHC probation counselor. is the first at a municipal level in the state; there are was released in December 2013, and the data sug- now eight statewide. gested that the program did support MHC’s objectives. MHC also continues to resolve all competency issues. This study was encouraging to the MHC Team as it When a defendant is found incompetent to stand trial Any person who has served at least two years active continued its work in 2014. because of mental disease or defect, the City cannot duty in the armed forces, was discharged honorably or generally under honorable conditions, receives (or is

39 CRIMINAL DIVISION continued eligible to receive) VA benefits, has an Axis 1 diagnosis accomplishments, rather than compliance issues, as program allows certain drug or prostitution crimes to and/or substance abuse need can be referred to VTC. one would expect in a traditional court. be diverted from criminal charges at the discretion The VTC clinician meets with interested veterans to of the arresting officer when the suspect agrees to Twelve veteran defendants were welcomed into VTC confirm their VA status and eligible diagnosis/sub- engage in services such as chemical dependency or in 2014 with a Challenge Coin created specifically to mark stance abuse need, and determines whether they are mental health treatment. The CAO attends twice- their participation. It carries the program logo on one side, amenable to treatment. Amenability contemplates prior monthly staffing meetings in which referral decisions and the seal of each branch of the military on the other. treatment compliance, the veteran defendant’s insight and program participant progress is reviewed. The col- into their diagnosis and/or addiction, as well as their VTC has graduated 13 veteran defendants in the last laborative sharing of information is invaluable in assist- motivation for recovery. Eligible veterans will be asked two years. Each graduate receives a framed certificate ing our office in the best way to handle subsequent to meet the team and observe the court. of graduation, a VTC lapel pin, and a military patch offenses by those already engaged in LEAD. One LEAD reflecting their military branch of service. Graduation participant had several cases pending that involved VTC operates differently than traditional courts. ceremonies afford past/present VTC team members repeated trespassing in the same parking garage Following the mental health court model, veteran the opportunity to express their pride in the defendants’ downtown. He became engaged in services through defendants must attend treatment, abstain from success. All graduates have previously experienced LEAD, found housing, and agreed to inpatient chemical alcohol and non-prescribed drugs, and attend frequent traditional court, and express heartfelt gratitude for the dependency treatment. Based on his progress over court reviews. Graduated sanctions are employed to structure, respect, support and assistance of VTC. The time, the CAO substantially reduced the recommenda- encourage compliance, with termination from the pro- VTC team and the camaraderie of military colleagues tions on his pending charges, so additional jail would gram as the last resort. The most significant difference made for a positive experience filled with growth, hope not interfere with his housing and treatment. Another from a traditional court is the cohort effect achieved and new beginnings. participant was diverted into LEAD, but in spite of by having veterans assemble as a group for the hearing. extensive efforts by his case manager to engage in ser- Rather than leaving court when their hearing is finished, This past year the court and VTC team worked with a vices, he refused and continued to accumulate multiple veterans must stay for the entire calendar so they court systems analyst to help improve service to our misdemeanor theft charges. The LEAD team agreed observe the struggles and accomplishments of their veteran defendants. Four VTC surveys are ready for that the program was not effective for this individual so fellow defendants. implementation in early 2015, and will be tracked by the Research Planning and Evaluation Group at the court. prosecution of his pending cases proceeded. The VTC team is comprised of an assistant city pros- The Criminal Division continues to work with other City ecutor, two defense attorneys from the Associated Graduates ask about helping sustain VTC for future departments in reviewing incident reports for less com- Counsel for the Accused Division of the Office of Public veterans. In 2015, the VTC team will continue to work mon charges in SMC. This year, we worked closely with Defense, a court clinician from Seattle Mental Health, towards developing a Veteran Mentor Program where Animal Control to review and file cases for neglect and two Veteran Justice Outreach Social Workers from the VTC graduates can provide morale and motivational cruelty, and negligent control of animals. We worked VA, a representative from the Washington Department support to current and incoming veterans. with Code Compliance and Consumer Protection to of Veteran Affairs, two SMC probation counselors, and The VTC team maintains an ongoing commitment review cases for criminal charges when business own- the judge. Except for the judge, the VTC team attends to looking for ways to improve the court, to increase ers repeatedly failed to comply with business license a weekly pre-court meeting to discuss each veteran services for veteran defendants, and to ensure and tax requirements. defendant to be sure all expectations of the court and public safety. individual needs are being met. The team then appears A significant case from the Fire Department involved the before the judge to make a record of the veteran defen- Law Enforcement Assisted Diversion (LEAD) illegal possession and storage of fireworks by a Buddhist dants’ progress. More often than not, VTC reviews Our office continues to play a key role in the Law temple. A 12-year-old temple member was seriously are positive and the team can focus on incremental Enforcement Assisted Diversion program (LEAD). The burned when he ignited the explosives. The CAO

40 CRIMINAL DIVISION continued determined there may have been sufficient evidence to file criminal charges but decided another route was more prudent: In exchange for no criminal charges, the temple agreed to abide by a set of conditions to ensure the safety of the temple and its members. We realized there was a general misunderstanding, or lack of infor- mation, about what was or was not permissible in the communities that use fireworks for religious and cultural celebrations. We worked with the Fire Department’s Public Education Division to set up a community out- reach meeting in the International District that covered the permitting process and general safety information. The meeting in December offered informational hand- outs translated into several languages, and translator services were offered for the meeting.

41 ADMINISTRATION DIVISION

Raising money for nonprofits Attorneys locate their new offices Pete’s hard-hat tour of construction A summer get-together at the office

The Administration Division provides staff prepares a bi-monthly internal further collaboration and teamwork goal of the program is to teach students executive leadership, communications and employee newsletter, In Brief. within the office while still remaining about the legal process and criminal operational support for the 160-employee close to our clients in City Hall, Seattle justice system. The Criminal Division Budgeting for an Office Move department and numerous interns and Municipal Tower and the Justice Center. program offers opportunities to both The Administration Division was instru- volunteers. The division comprises the Construction of the new office space undergraduate and law students, while mental in helping the office achieve its city attorney, his immediate staff and the began in November 2014 and moving is the Civil Division program focuses budget goals for 2014. The team tracks accounting, human resources and infor- slated for April 2015. The office will take exclusively on law students and lawyers. expenditures, ensures salaries and other mation technology sections. over almost three full floors in Columbia personnel costs meet the City’s com- Criminal Division program: Participants Center at 701 Fifth Ave. Pete will ensure the office remains pensation standards, and forecasts costs learn about the criminal justice system transparent and accessible to the anticipated later in the year. As part of Besides planning for the office move, the while combining classroom knowledge people of Seattle. In 2014, the office the 2015 budget process, the department department added two new positions to with on-the-job training. Law students continued to produce its bi-monthly negotiated and received approval from provide legal advice and support to the work side by side with prosecutors to electronic newsletter for the public the City Council for a 12-year office lease Seattle Police Department. learn the basics of case preparation, (E-Newsletter). The newsletter provides at Columbia Center. For the first time in filing and trial work. During 2014, 31 Volunteer and Externship Programs updates on new legislation, current over 20 years, all employees of the City volunteers and law students donated The City Attorney’s Office has a long events, significant cases and news Attorney’s Office will be in one building. approximately 7,040 hours; the equiv- history of providing opportunities for links. In addition, the administration Bringing the staff together will promote alent of about three full-time positions. volunteers and student externs. The

42 CIVIL DIVISION continued

Of the 31 volunteers, 12 were male and protects data in email messages for technology used in Windows 8 provides Records Act requests received by the 19 were female. retrieval at a later date. The IT team better efficiency over the prior Windows City Attorney. Also, assistant city attor- worked closely with the project man- 7 netbooks. Criminal Division prosecu- neys provided extensive legal advice and Civil Division program: The Civil Division ager and DoIT to make sure current and tors now use these devices in Seattle compliance training regarding public externship program hosted 12 vol- future archive practices align with the Municipal Court to assist in scheduling disclosure requests to our employees, unteer legal externs (eight male and department’s and City’s methods for trials and accessing case information. In staff from other City departments, the four female) last year. Law students preserving email used in litigation and in addition, several netbooks are available Mayor’s Office and the City Council. conducted legal research, wrote briefs, compliance with the state Public Records for Civil Division employees to allow observed court proceedings and assisted Race & Social Justice Initiative: Human Act. The new system is scheduled to go electronic access to documents at attorneys with a variety of employment, Resources live in mid-2015. meetings, reducing the need to print and land use, government affairs and torts The Human Resources staff continued transport legal documents to and from cases in 2014. Department-wide Projects: its focus on the City’s Race and Social off-site appointments. With the City’s move to a new web Justice Initiative in 2014. Staff mem- Information Technology publishing system, the IT team devoted Criminal Division: bers attended training on Diversity in Daily , the department’s IT staff sup- considerable time to revamping the City A new eDiscovery module was released Hiring and Recruiting, which prompted a ports 190 desktop computers, 15 laptops Attorney’s Office public-facing website. in 2014 as part of the office-wide move change in the language of our job post- and four department-specific servers This system, developed by the City, toward paperless case filing and docu- ings, diversity of our interview panels, for staff in City Hall, Seattle Municipal allows better content management, ment management. The IT team trained and drafting of interview questions. Tower, Seattle Municipal Court, Seattle including permissions for non-tech- prosecutors using the Case Navigator to Besides posting attorney and paralegal Police Department headquarters and nical staff to author web pages. This review archived documents and trained job announcements with local minority five Seattle police precincts. In addi- will help the office keep information support staff to perform case document bar associations, the office renewed its tion, the IT team works collaboratively on our website current, make updat- archiving. With Phase I launched in commitment to honor and respect cul- with the senior planning and manage- ing pages easier, and reduce broken 2014, the IT team will continue to work tural differences in the workplace and ment staff in the City’s Department of links to old or deactivated sites. Phase with staff to revamp business practices. across the City. Information Technology (DoIT) to imple- I is due to launch in early 2015 and This migration away from paper files ment improvements to citywide data Phase II enabling new authors is set for coincides with Seattle Municipal Court’s systems and security. mid-2015. recent launch of electronic case filing. Citywide Projects: A rollout and replacement of existing Public Records Requests: In 2014, the City began work on an Netbooks (small laptops) was com- Throughout the year, the Administration enterprise-wide project to replace its pleted in 2014. The newer touch-screen team produced responses to 169 Public email archiving system. This saves and

43 Seattle City Attorney Annual Report 2014

Kimberly Mills Communications Director 206.684.8602 [email protected]

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