Tim Burgess' City View

Supporting Our Police Officers by Strengthening Public Trust and Confidence

We've had quite a season of controversy in our good city related to police incidents, including events captured on videotape that have shocked many of us.  The most serious was the unfortunate death of John T. Williams, shot and killed on a downtown street by one of our Seattle police officers. 

The accumulation of these incidents has damaged the public's trust and confidence in our officers and in the police department and maintaining public trust in the police is very important.  Keeping our neighborhoods safe for everyone is city's government number one priority.  This task is made more difficult when there is a lack of trust between citizens and the police officers employed to do the job.  I've written previously about my perspective on all this here and here.

I believe the Council needs to be more proactive on this issue. Our police officers deserve it and the people of Seattle demand it.  The longer we wait to seek specific and effective solutions, the greater the damage to police-community relationships.  So, today, the members of the Council's Public Safety and Education Committee sent a letter to Mayor McGinn, Chief Diaz, and the leaders of the two unions representing our police officers laying out 11 specific policy initiatives we believe will strengthen public trust and confidence in our police officers.  These policy initiatives will help the Police Department in accomplishing its mission of preventing crime, reducing the fear of crime and building peace in our city. 

You can read the letter here.

Police Use of Deadly Force Finding

I want to acknowledge that the King County Prosecutor’s decision today leaves many people angry and disappointed. I’ve read the prosecutor’s decision and I understand his reasoning, but I fully appreciate that it won’t sit well with many in our city.

In determining criminal liability, Washington law gives great deference to the judgment of police officers in the use of deadly force. However, in contrast to state law, Seattle Police Department policies regarding the use of deadly force are more restrictive. Now that the prosecuting attorney has made a decision about criminal charges based on state law, the Chief of Police must determine if Officer Birk’s actions met the higher standard of Seattle’s policies. Chief Diaz should complete his review and let all of us know his decision as quickly as possible.

Based on the findings of the police department’s Firearms Review Board that the use of deadly force in this specific incident was not justified, I don’t believe Officer Birk should remain as a Seattle police officer.

Here is the King County Prosecuting Attorney's decision to decline prosecution: Download 2011 02 16 KCPAO Decision

Here is the SPD Firearms Review Board report: Download 2011 02 16 FRB 10-03

I've written on the culture of the police department here.

Personal Reflections on Seattle Police and Our City

Tonight at City Hall, I’m part of a discussion about police accountability with the Mayor, the Chief of Police, police union leadership and community representatives. C. R. Douglas of the Seattle Channel will moderate the discussion.  It’s free and open to the public.  Please join us if you can at 7 p.m. in the Bertha Knight Landes room on the main floor of City Hall, Fifth Avenue and James Street.

I served as a Seattle police officer and detective in the 1970s, admittedly a very long time ago. Policing has changed dramatically since my time on the street.  We didn't have portable radios in my first year as a patrol officer, DNA-based investigations were a figment of our imagination, and crime scene specialists were only seen on Hill Street Blues.

But, one thing I witnessed every day way back then was the dedication and commitment of police officers and detectives to serve our city with honor and distinction.  I still witness that today.  The women and men of the Seattle Police Department have half-a-million contacts with people every year; almost all of these encounters are handled professionally and we never hear a peep about them.

In fact, a recent report from the police department showed that in 2009 Seattle officers used force at a rate far below the national rate—0.12% compared to 0.88% of all police-public encounters.  Even when these encounters resulted in an arrest, Seattle officers used force to effect the arrest in only 2.4% of the incidents.

But despite the reality that most of our officers do exemplary work on our behalf, something is clearly wrong.  Recent incidents have tested public confidence in our police department, to say the least. Many wonder if there is a larger, more systemic or cultural problem in the police department. It is this concern that I want to address here.

Civilian Oversight of Police

I shared these remarks at the opening session of the annual conference of the National Association for Civilian Oversight of Law Enforcement yesterday morning at the Fairmont Hotel in Seattle.  Approximately 230 delegates from around the United States and overseas are participating in the conference.

My colleagues on the City Council and I welcome you to Seattle.  We are delighted you chose our great city . . . the home of the WNBA champion Seattle Storm.

Over the next several days you will discuss, debate, and learn about the best ways and means to provide civilian oversight of police practices and behavior.

All of us know from our own experience, that this is an important topic because . . .

Nothing to Fear: SPD Should Open Up Even More

Yesterday, I urged the police department to invite a peer review of their investigation of the officer-involved shooting of John Williams last week at Boren Avenue and Howell Street.

Such a review would accomplish several good things.

First, it would signal to both the public and, just as importantly, the members of our police department the high confidence police commanders have in the quality and integrity of their own investigation.  Inviting outside peer review would be a powerful statement that the department has nothing to fear. Plus, there is wisdom in seeking the counsel of experienced and respected colleagues.

Second, inviting a peer review would directly refute the claims of some in the community that the case file presented to the prosecuting attorney for use in the public inquest will somehow be incomplete or slanted to emphasize some facts over others in a manner that distorts an accurate assessment of the incident.  Openness to outside review is a proactive action that will build public confidence.

Third, our officers and detectives deserve to be supported by the bold leadership of police leaders.  Inviting a peer review of this specific incident would indeed be bold.  To be blunt, police leaders need to "get ahead of the story."  Taking proactive steps to demonstrate true openness, true accountability, is always a good thing.

Why is this so important? 

Police use of deadly force is the ultimate expression of the authority and power we give our officers.  No officer takes this authority lightly.  No officer wants to use deadly force.   But when it is used there must be a very careful, deliberate, and objective review and analysis.  This review process is well established and includes various internal police processes and a public inquest before a judge and jury.  

Because of the many questions being raised about this specific incident, adding additional scrutiny through a peer review can only help.  It would be good for our city and especially good for our police officers and detectives.

Updated: Police Use of Deadly Force

Tuesday, September 7: The documents linked below have been updated.

Seattle police officers have authority to use deadly force in certain limited circumstances.  Thankfully, such incidents are rare.  But there have been two occasions in recent weeks where Seattle officers have used deadly force, the most recent on the afternoon of August 30 at Boren Avenue and Howell Street. 

Several things happen when police use deadly force: there is an internal SPD investigation, then a Firearms Review Board hearing and, finally, a public "coroner's inquest," which is conducted by the King County District Court and prosecuting attorney.  These steps are sometimes confusing, so here are a couple helpful documents that give more detail and explain the process.

Description in SPD manual of Firearms Review Board process (PDF): Download FRB process

Flow chart of Coroner Inquest (PDF): Download flow chart

Next Wednesday morning, the Council's Public Safety and Education Committee will receive a report from the civilian observers of the Firearms Review Board.  These reports are contained in this clerk file.