Officials and Guests in Attendance
The entire committee was present, although Councilmember Balducci was excused some time in the middle of the proceedings. Guests present for public comment: Shawn Kelly (Mayor of Maple Valley), Nina Gregory, Rob Karlinsey (City Manager of Kenmore), Jeff Levy (Resident of Downtown Seattle), Candace Cochuke (not sure spelling of the last name), Heather Kelly for LWVSKC, Nancy Kirk (Burien Resident), and Sakaru Remmu for BLM Seattle KC. Officials for the 1st Proposed Ordinance: Nick Bowman (Council Staff), Patti Cole Tindal (Undersheriff), Karan Gill (Council Relations Director). Officials for 2nd Proposed Ordinance: Nick Bowman (Council Staff), Deb Flewelling (Government Relations and Outreach Manager, E 9-11 Program Office), and Ben Breier (E-911 Program Office). And finally officials for the 3rd Proposed Ordinance: Clifton Curry (Council Staff).
All government officials were prepared, attentive, and courteous. All were respectful of the guests for public comment. Those who spoke had well thought out questions and were respectful of the guest officials.
Accessing the Meeting and Materials
I believe the meeting started on time or only a couple minutes after the starting time. I was able to observe the whole meeting. I was able to get a copy of the agenda before the meeting. The meeting was very easily accessible. It can be found as a link for the livestream on the King County Law and Justice Committee's website.
Summary of Discussion
The agenda was followed and all proposed ordinances were discussed.
Shawn Kelly (Mayor of Maple Valley): Discussing the oversight committee and representation of the contract cities (coming from a contract city of Maple Valley). Request to add 2 more positions on the advisory committee to add representation for contract cities.
Nina Gregory: Speaking in support of the proposed advisory committee to find a new county sheriff. Support for families who have lost loved ones to deadly force.
Rob Karlinsey: City Manager for Kenmore, Part of Police Oversight Committee. Support for the oversight committee and for representation in the advisory committee.
Jeff Levy: Resident of Downtown Seattle. Support for the advisory committee.
Candace Cochuke: Support for the advisory committee, including people who are representative of the community and have lived experience with current systems.
Heather Kelly: Support from the League of Women Voters for the advisory committee, endorsement for the reforms. Reduce or eliminate barriers for people serving on the committee.
Nancy Kick: Burien resident and part of group on police accountability and criminal justice reform. Give adequate time to make well-reasoned choices, support the oversight committee’s work. Select people with lived experience in the current systems, representative of BIPOC populations.
Sakara Remmu: Testifying on behalf of BLM Seattle KC, supporting the advisory committee to select, appoint, and confirm the new sheriff. Support for community oversight, demand a higher standard of community safety and oversight, especially with law enforcement. Encourage consideration of the representation of impacted families with this ordinance.
Approving the minutes of February 2nd 2021: All approved.
Proposed Ordinance No. 2021-0113: Establishing an advisory committee to engage community stakeholders regarding selection, appointment, and confirmation of the chief officer for the department of public safety and matters pertaining to the department safety. Sponsors: Mr. Zahilay
Mr. Zahilay: wants to take action on this ordinance and have it expedited as the council needs it soon for the election of a new sheriff. Connection to Charter Amendments 5 and 6.
Nick Bowman (Council Staff): The ordinance establishes a public safety advisory committee, containing people with expertise in police and criminal justice reform and increased representation of impacted communities. Appointing instead of electing the KC sheriff through the establishment of the advisory committee. 13 members representing the Sheriff's office service area.
Responsibilities: connection to the impacted communities as well as the stakeholder cities/communities, soliciting input from experts on fields relevant, interviewing candidates provided by the executive, providing a report.
Hear from and work with stakeholder communities, on both appointing a new sheriff as well as creating further equity/representation.
Question, Ms. Lambert: Question about compensation for the advisory committee. Concerns about contract cities and keeping people who are in partnership with the committee happy. Who’s going to chair this committee? Concern with the advisory committee appointing their own chair.
Response: About 35% of budget comes from contract cities, 58% with transit services (not from cities themselves). Committee will establish their own chair and their own rules.
Question, Mr. Dunn: What is the population of the contract cities and population of other incorporated areas?
Response: Around 500 thousand. Correction to 300 thousand inside and about 250 thousand outside by Mr. Dembowski and Undersheriff Cole Tindall.
Question, Mr. Dembowski: Question about compensation and staff support for the committee, as well as the barriers to serve. Language to at least authorize compensation before the ordinance moves on?
Response: Language for compensation would need to occur in the ordinance.
Mr. Dunn, Amendment 1: Expand advisory committee, adding two members. Recognizing a huge amount of budget is coming from the contract cities, gives them representation.
Motion to Move Ordinance and to Move Amendment 1:
Mr. Zahilay: Not supportive of Amendment 1 in that cities have already agreed on the setup, want to emphasize the community representatives (would make it more half community and have government voices, not as equitable witH Amendment 1). Elevate the community voices where the current system makes people feel unsafe.
Mr. Dunn: Need for district representation, many of the contract cities rejected getting rid of elected sheriff. Worries about starting to lose contract cities for KC Sheriff’s Office.
Ms. Lambert: Very concerned about similar ideas as Mr. Dunn, wants to keep contract cities happy. Not government people, these are elected officials that represent the citizens -> they would bring the voice of their people as they are accountable for their people (reasoning for Amendment 1).
Mr. Dembowski: There isn’t a resident voice for all the contract cities, including the Muckleshoot tribe, currently in the advisory committee. Wants to really get the input from the communities from the oversight committee. Advisory committee isn't the exclusive list that is going to be listened to (in the representation on the committee), extending public meetings and discourse/engagement with contract cities and communities. Stick with the original proposal.
Vote on Amendment 1:
Aye: Dunn and Lambert .
No: Balducci, Dembowski, Kohl-Welles and Zahilay (Chair).
Amendment 1 fails on the vote.
Vote on the Ordinance:
Aye: Balducci, Dembowski, Kohl-Welles, Lambert and Zahilay (Chair).
Proposed Ordinance is approved.
Patti Cole Tindal (Undersheriff)
Karan Gill (Council Relations Director)
Proposed Ordinance No. 2020-0170:
Authorizing the King County executive to enter into and implement an interlocal agreement, under chapter 39.34 RCW, with the Bothell Police Department, the city of Seattle, the city of Redmond, the Enumclaw Police Department, the King County sheriff’s office, the Issaquah Police Department, NORCOM, the Port of Seattle, the University of Washington Police Department, Valley Communications Center and the Washington State Patrol, relating to the countywide enhanced 911 emergency communications system. Sponsors: Mr. Zahilay.
Nick Bowman (Council Staff): Agreement on enhanced system for 911 between county and these groups. Partnership between county and independent PSAPs (public safety answering points).
Discussion of the history of 911 services and strategic plans.
E911 Strategic plan to address challenges: Recommends new regional structure, 10 year technology plan, 10 year financial plan. New formal agreement between county and PSAPs.
Proposed Ordinance: product of several years of negotiations, can be terminated by any PSAP or county with informed action. County will fund and provide 911 systems, the counties will adopt procedures and practices to follow the strategic plan for systems. Accessibility to all PSAP facilities to make sure systems are working.
Amendment 1: revise ILA template, technical and language consistency changes. Addressing funding and reimbursement
Question, Ms. Lambert: Why don’t changes come back to the committee?
Response: It's just how the ordinance was transmitted and what the groups agreed upon.
Question, Mr. Dembowski: Anything that facilitates the development of the service provisions for public safety?
Motion to Move Ordinance and Approve Amendment 1.
Vote on Amendment 1:
Aye: Dembowski, Dunn, Kohl-Welles, Lambert, and Zahilay (Chair).
Vote on Ordinance:
Aye: Demobowski, Dunn, Kohl-Welles, Lambert, and Zahilay (Chair).
Proposed Ordinance is approved.
Deb Flewelling (Government Relations and Outreach Manager, E 9-11 Program Office) and Ben Breier (E-911 Program Office):
Response to Ms. Lambert: Because of the strategic plan’s setup, it will include an annual report to the committee.
Response to Mr. Dembowski: added provisions in the document with collaborative group to add language that Mr. Dembowski is speaking about. Be able to react to state level legislation. At any time the council could engage and work with the groups in the agreement.
Proposed Ordinance No. 2020-0201:
Creating the offense of obtaining information or disrupting video teleconferences of recovery, mental health, and behavioral health support groups without authorization; adding a new chapter to K.C.C. Title 12 and prescribing civil liability and criminal penalties. Sponsors: Mr. Dunn.
Clifton Curry (Council Staff): The ordinance defines teleconferencing, extends to audio and similar groups (even two people with only audio). All individuals need to consent in the teleconferencing call for ordinance not to apply.
Legal Section of the Ordinance: Violation of the chapter would be a gross misdemeanor, the sheriff would enforce the chapter. Includes provision on civil suits for damages, filing for damages in relation to illegally obtained information.
Proposed Amendment by Mr. Dembowski: Remove criminal sanctions and criminal enforcement provisions.
Mr. Dunn: Since the pandemic has begun, there has been increased mental health and substance abuse issues (as well as increased relapses). Connects to the value of these meetings/support groups that are now available online, how they are even more valuable now for people that are struggling.
Continue to hear complaints including violations to people’s personal privacy rights. -> Need to create protections for these groups online. Privacy is critical for recovery.
Appropriate to keep the ordinance as civil liability, not necessary to have a criminal penalty.
Mr. Dembowski: Thanking Mr. Dunn for his work and his courage in using his experience to discuss and emphasize these issues. Appreciate willingness to focus on civil liability and removing criminal penalties (Amendment 1).
Emphasized statistics Mr. Dunn presented.
Mr Zahilay: Question about whether Amendment 1 would eliminate criminal penalties. Still stated fine associated with this?
Response by Mr. Curry: No fine associated with the amendment.
Move Ordinance and Amendment 1.
Vote on Amendment 1:
Aye: All in favor.
No: none opposed.
Vote on Ordinance:
Aye: Dembowski, Lambert, Kohl-Welles, Dunn, and Zahilay (Chair).
Proposed Ordinance is approved.
Closing statements by Mr. Dunn: Importance of working to protect the sanctity of people in recovery, continue to establish the reasonable expectation of privacy. Thank the committee for their work on this issue.
Minor clarifications on the advertising side of the last ordinance by Mr. Curry, moved to priority of upcoming meetings. Minor clarifications by Mr. Bowman as well.
Officials and Guests in Attendance
The committee members were present as well as Kimberly La Fronz (Attorney with Department of Public Defense, State Courts), Michael Schueler (King County Public Defender, Superior Courts), Rachel Schultz (Dept of Public Defense Union), Dr. Edwin Lindo (U of Washington, Critical Race Theorist, UW Vaccination Rollout Equity Committee), Dan Satterberg (KC Prosecuting Attorney), Stephanie Soto (HR for the Prosecuting Attorney’s Office), Anita Khandelwel (Director, Department of Public Defense), Presiding Judge Jim Rogers (Superior Court), Judge Susan Mahoney (KC District Court), and Jennifer Brenes (President, KC Search and Rescue).
Officials were prepared, attentive, and courteous. Some had differing opinions from certain speakers or other members but it was kept very professional.
Accessing the Meeting and Materials
The meeting started on time. I observed the entire meeting. The agenda was available and the meeting was easily accessible.
Summary of Discussion
The agenda was followed. A discussion of the implementation of the recently voted upon King County Charter Amendments (5 and 6) at the end that was added.
CM Zahilay: Recognition of being on Duwamish land. Clearly outlined structure of different parts, emphasis on safety.
Question about the hundreds of cases that have been tried that aren’t an immediate threat to public safety, things that we should care about but not necessary right now.
Supports changing the system, emphasizing the importance of the safety of those incarcerated over the importance of the backlog.
Question to Judge Rogers: disconnect between policies and practices. What mechanisms to push for compliance to public health/safety?
Comments on recidivism, that incarceration is not the answer. Need to focus on fixing the root causes, racial inequities in the incarcerated population.
CM Lambert: Comments saying that the idea of not doing a good job on vaccination is not necessarily true, hard to get vaccines to all people and saying those in jails are on the list for vaccinations.
Concern about backlog and domestic violence.
Question about repeat offenders.
Thanked the search and rescue team for their hard work and dedication.
CM Balducci: Interested to know after the hearing, something statistical to learn about case filings. Question to Judge Rogers: problem solving form.
CM Dunn: Question about moving forward on stopping prosecution of crimes, misdemeanor/poverty. Comments to Judge Rogers and Judge Mahoney, emphasize budget requests in relation to the courts.
CM Kohl-Welles: Question to Judge Rogers, virtual court meetings more inaccessible to those who don't speak english or don't have access to tech. What steps to overcome this?
Public Defender: Comment about trial during covid: concerns about lack of technology, hard to conduct the trial. Safety concerns, jurors being unmasked with others, being close to their client (lack of safety measures, even after a juror was potentially exposed). Court system had no plans with what to do with covid exposures, notifying people. Was impressed with spread of jurors, use of zoom.
Rob Karlinsey, City Manager of Kenmore, Part of Oversight Committee for Police: Hopeful about changes from Charter Amendments 5 and 6.
Short but well controlled and very respectful from the Chair, allowed each person to speak in detail even past the allotted time.
Approving the minutes of December 8th
Briefing No. 2021B0013: Covid 19 Public Health Compliance in County Courts and Jails
CM Zahilay: Emphasized the necessity of keeping people safe, but also our duty to do so.
Kimberly La Fronz (Attorney with Department of Public Defense, State Courts): Courts not always following the required public safety guidelines (social distancing, dividers, etc), even with some developments but still not enough (people feeling unsafe).
Two main difficulties/disconnects, even with zoom meetings: communication, court to attorneys and those on trial. Many showing up not knowing they had opportunity over zoom, confusion. Enforcement, masking wearing and social distancing. Falls on judges but they have a lot to handle, policies go unenforced.
KC Prosecuting Attorney’s Office: Concern with arraignment calendar, pushing trials that could wait until it's safer.
Michael Schueler (King County Public Defender, Superior Courts): Problem with judges removing masks to emphasize points as well as the capacity of the court, difficult to properly distance and enforce masking. Difficulty with arraignments and outbreaks in the courtroom.
Concern isn’t just with the courts: concern with the jail and the prosecuting attorney’s office. Issues with masking, safe access to clients.
Guards with masks down, taking them off (consistent complaint since beginning of covid). Combined with high rates of positive tests from guards.
Attorney booth: can feel air being blown from each side, stuck close together between attorney and those accused. Anytime meeting with a client, not able to fully follow cdc guidelines (need more safety measures).
Jail not setup to handle positive cases, lack of online abilities to meet with clients who are suspected positives for covid (jails have capacity to allow for remote hearings, but haven’t done so).
Similar concerns about arraignment calendars: chose to file some cases during covid even when the Statute of Limitations allowed them to wait. Lower level cases and charges that could have waited.
Rachel Schultz (Dept of Public Defense Union): These examples being presented aren’t “one-offs,” safety is a problem for everyone in these situations.
Discussion of advances in structure, steps taken: more safety measures/equipment, working online.
Courts still inconsistent with safety, similar to what was said before -> hold courts and jails accountable for lack of safety.
Dr. Edwin Lindo (University of Washington, Critical Race Theorist, UW Vaccination Rollout Equity Committee): People being held behind bars for poverty crimes, smaller misdemeanor crimes that can be easily remedied. Those in jail unsure about their safety and when they could get the vaccine.
Willing to commit resources and time to volunteer and give vaccines to incarcerated folks, just need vaccines available.
Need organization: who is serving South Seattle, incarcerated people. Before vaccine distribution becomes inequitable -> time to put direct and intentional focus on where vaccines go (to most marginalized, still have to work and live in intergenerational families).
Response to VC Lambert: Physicians in jails saying there is no real plan to get vaccines to those incarcerated, no intentional plan (just saying go to the website isn’t a plan).
Dan Satterberg (KC Prosecuting Attorney): Saying that they are working to transition to online, wishing to have technology where it should be. Know where they need to go. Emphasizing the use of the virtual platform, unclear about legally whether a trial can be virtual.
Case Backlog: historic levels of backlogged cases, threat to the efficiency of the courts. Saying they haven’t been pursuing a large amount of cases.
Response to Mr. Chair: limiting cases, emphasis on felony cases and the growth of violent offenses. Filing case right now (formula/algorithm to make best decisions): means defendant has another case in the system, long criminal history, etc.
Stephanie Sotto (HR for the Prosecuting Attorney’s Office): Discussing public health measures: screening protocols, following telecommuting guidelines, signs for social distancing. Will continue to advocate for employees who are on the frontline for vaccination.
Anita Khandelwel (Director, Department of Public Defense):
Presiding Judge Jim Rogers (Superior Court): Trying virtual civil jury and bench trials, emphasizing high crime in 2020 and backlog of criminal cases.
Superior Court Public Health Plan: adopting technology and further safety guidelines for covid 19.
Accepting not everyone masks, but saying they call people on it. Everyone is doing their best to stay safe in courtrooms.
Response to Ms. K-W: wants to hear more from community leaders, how to create a better system for online trials (working on it).
Response to Mr. Chair: separation of court rooms, reporting non-maskers. Dealt directly with a judge who didn’t wear a mask. Active communication, need a safety manager and accept the need to slow work down for safety.
Response to Ms. Balducci: response line for safety questions/problems.
Judge Susan Mahoney (KC District Court): Similar safety measures as what Judge Rogers laid out.
Compliance: increased filtration, reduced capacity, telling people to distance and mask, using signs and plexiglass, sanitization. Working to have video and remote hearings whenever possible.
Emphasis on large backlog, DUIs, domestic violence, etc.
Response to VC Lambert: easy answer is yes, seeing a lot of repeat offenders (main example is DUIs). Emphasis also needs to be violent crimes.
CM Zahilay: Solutions heard, need to focus on compliance (policies don’t mean practical success), safety in courtrooms and jails, vaccinations for incarcerated populations.
Briefing No. 2021B0024: King County Search and Rescue Annual Update
Jennifer Brenes (President, KC Search and Rescue): How busy search and rescue teams were in 2020, improved tracking and data (Able to identify trends and work to address them).
Continue to refine the website.
Moving forward on the search for a formal headquarters, given a grant to help in that process.
Other Business: Update on KC Charter Amendments
Interbranch team working in collaboration with Executive Constantine. Preliminary roadmap for addressing duties of sheriff’s office and electing a new sheriff -> sending a roadmap to councilmembers. Engaging stakeholders and communities, create an advisory committee out of this group of people as well.
Roadmap anticipated legislation: ordinance describing the council’s process for conducting the structure and duties of the sheriff's office review process, ordinance describing public engagement process, ordinance implementing any changes deemed necessary for sheriff’s office duties, and a motion appointing a new sheriff.
Will discuss more in depth next week.
Virtual Meeting Highlights:
(Note: League Observer missed the first 15 minutes of the meeting, and then had trouble accessing the meeting by using Redmond.gov/rctvlive, one of the ways to view the Council suggested in their agenda. Observer ended up accessing the meeting through the Council's Facebook page.)
The meeting started out smoothly, but after 10-15 minutes two staffers reporting to the Council had connection difficulties. After that, there was a power-point presentation, and at the end of that presentation we never went back to a typical Zoom format. All you could see was the empty City Council room in Redmond.
1. “Transportation Improvement Program” ("TIP"). At the close of the staff presentation there was time for public comment, and two people commented on ways to make roads and transportation ‘greener’ by the City.
2. Upcoming 2021-22 City budget process, with an emphasis on gathering input on top priorities.
3. Staff report on Indexing of Impact Fees, and proposed 2021 Fees. Impact fees are one-time charges on commercial and residential developments. The fees help the City pay for improvements known as “capacity” improvements – this refers to adding something to City costs which occurs because of an increase in Redmond’s population. Impact fees contribute to the budgets of Fire, Parks/Recreation, and Transportation, for example. Redmond also collects impact fees on behalf of the Lake Wash School District.
Members Present: Chair Girmay Zahilay, Vice Chair Kathy Lambert; Committee members Rod Dembowski, Reagan Dunn, Jeanne Kohl-Welles, Dave Upthegrove and Committee Staff Nick Bowman and Marka Steadman.
Others Present: The parents and aunt of Tommy Le.
Virtual Meeting Highlights: The purpose of this meeting was to discuss the Systemic Review of the Officer Shooting of Tommy Le on 6-14-2017. The League Observer attended the whole meeting attended from 9:30 AM to 12:30 PM.
Presentation of Systemic Review by Michael Gennaco
The Council heard the results of an outside review by Michael Gennaco, President of OIR Group, who previously worked as a Department of justice civil rights lawyer and lead attorney for L. A. County’s Office of Independent Review. Gennaco had also made similar recommendations in February of this year about the 2017 shooting of death of 17 year old Mi’Chance Dunlap-Gittens.
Mr. Gennaco stated that an Internal Review is to stop shootings from occurring. New law mandates Internal Reviews. The Sheriff’s Office still does it’s own review also.
Mr. Gennaco stated the following problems with the original shooting:
Q: Should departments review themselves?
Gennaco: Waiting 5 weeks to do interviews left out so many questions. Hard questions were left out as to the state of mind of the officers. Tommy Le was moving away from the officers and was shot in the back. Reviews are not open to the public. The George Floyd case changed all that. The public wants to know. Gennaco gave the King County Sheriff’s Office a C or B for its Reviewing Structures, but not a passing grade in application.
Sheriff Mitzi Johanknecht: Stated she had had only a few days to respond to the Independent Review by Gannaco. She stated the King County Sheriff Office had structures in place and had made improvement since she took office in 2018. The public got less under the previous Sheriff. The Office is taking Gannaco’s suggestions for more complete discussion of officer-related shootings and had them at the time but they only showed in footnotes. They had modernized their tazers and given officers first aid kits for shootings.
Follow-up: It was pointed out that the Review Process happened under the current Sheriff. The Police Guild is trying to stop Systemic Reviews with which the current Sheriff disagrees.
The remainder of the meeting was taken up with Proposals that all passed unanimously as follows:
1. Proposed Ordinance #2020-0227- Adopting the updated 2020-25 King County Regional Hazard Mitigation Plan.
2. Proposed Motion #2020-0036 - Acknowledged receipt of proposed detention policy for youth report concerning solitary confinement concerns of damage to juveniles and youths tried as adults.
3. Proposed Motion #2020-0108 - Acknowledged receipt of first of two individual monitor reports as relates to the damage of solitary confinement to juveniles in county detention and continuance of individual monitoring.
Members Present: Girmay Zahilay (Chair), Kathy Lambert (Vice Chair), CM Rod Dembowski, CM Jeanne Kohl-Welles, and CM Dave Upthegrove. Also present were several speakers, named below.
Virtual Meeting Highlights:
There was trouble with people's ability to talk at the beginning with the mute/unmute function. The Committee was able to figure out the issue and help each other, providing the link for written comment online as well as to find the ability to talk for some.
Only two people gave public comments. Both expressed their want for substantial oversight for police actions under OLEO. Also both expressed support for Ms. Jacobs as the Director of OLEO, citing her abilities and resume, while also citing that she is a King County native and is directly invested in communities because of this. However, these comments were slightly off topic and weren’t based on the committee’s agenda which caused the second person to be stopped.
Briefing on Independent Investigations by OLEO
Deborah Jacobs (Director of OLEO):
Guidance for independent investigations
Mike Mansanarez (King County Police Officers Guild): Willing to “find best solutions for the sheriff's office and for King County.”
Jose Marenco (Puget Sound Police Managers Association): Wants transparent, quality, professional policing->”all want to improve ourselves”, our department (want collaboration to deal with issues).
Sonia Joseph (community activist): Son was killed by a police officer in Kent. Communities want independent investigations, particular for allegations for use of force/deadly force. Outside entity to monitor/oversee.
King County Auditor’s Report on Sexual Offense Cases handled by KCSO and PAO
Ben Santos (Prosecuting Attorney, King County)
Recommendations by counsel previously included making more advocacy available, improved clarity in information available, being timely.
David Baker (Prosecuting Attorney, King County): Reliance on other agencies for demographic data is problematic. Need new/modernized way to collect this data (exploring possibilities).
Mary Ellen Stone (Director KC Sexual Assault Resource Center): Long overdue. Shouldn’t take an audit to have information out in the public. Express the ability of CASARC and the want for further improvement of the system. Extra staffing needed for advocacy and also legal proceedings (attorneys, judges, etc.)
Jose Marenco (Captain, King County Sheriff’s Office): Focus on training, which is moving virtual now. Want to really focus on cutting down numbers of cases, providing counseling and resources, but also looking to get justice if possible. Working on a forum for materials. Need more training for deputies to know how to get information out, provide clarity/better materials. Need to work with CASARC to streamline process.
Proposed Motion: Acknowledging Receipt of KC Search and Rescue Plan(KCSR)
Nick Bowman (Council Staff):
Plan to provide bulk rate gasoline and vehicle license plates to KCSR volunteers based on budgetary appropriation. Giving background on the topics at hand. Looking at cost and the benefit for these provisions
Jen (LNU): Wants to figure out a path that works for everyone. Need something very flexible and specific: A small fleet without tags, not the entire program for the vehicle licensing.
Aye: Dembowski, Dunn, Kohl-Welles, Lambert, Upthegrove, Zahilay.
Proposed Ordinance for Enhancing Privacy Online
Clifton Curry, County Policy Analyst
Provided background on the proposed ordinance, emphasizing consent before accessing video teleconferences of recovery, mental health and behavior health support groups. Legislation creates criminal and civil penalties for disrupting meetings. Similar penalties for hacking into data systems, but different emphasis here on consent.
Two mechanisms to enforce: 1. Criminal penalty, gross misdemeanor. 2. Provision that would allow a person injured by the disruption to file a civil cause of action for damages.
CMs Kohl-Welles, Lambert, and Demowski: Trying to find the answers to the legal elements of the ordinance and to clarify the clause of disruption of an “online meeting.” Questions to be further answered and discussed during the next meeting when the ordinance is decided upon.
CM Dunn (sponsor): Doesn’t want to take action on it today, but instead hold it to be discussed fully by the council with all members involved present. Concerned by people possibly infiltrating the reasonable expectation of privacy for many. Provide safety for people willing to share their personal information with professionals, provide confidentiality with ordinance to disallow people from recording or otherwise taking this private information.
Summary of Councilmembers' Comments (across all topics)
CM Zahilay: Quick, but precise through opening procedures and public comment procedures (clear and explicit with instructions/requirements). Very respectful and open to perspectives/feedback. Many thanks for advocacy and words by the speakers.
CM Lambert: Wondering about the lack of attorneys and advocates for sexual assault cases. Respectful with inquiry and taking in perspectives of speakers. Supports direct appropriation for KCSR in explicit response.
CM Dembowski: Comment on brief about sexual assault cases. Discussion on providing info quickly after a case is registered and allowing for resources/materials to be easily obtainable. Thanked speakers for discussing and being there. Very respectful. Discussion with the Police Guild about OLEO oversight.
CM Reagan Dunn: Discussion of the proposed ordinance focused on privacy in online meetings. Note the personal topic (meetings for people who are recovering->confidentiality is crucial, and information is meant to be private). Expressed gratitude for the other members of the committee for having questions and speaking on the ordinance.
CM Kohl-Welles: Commented on brief about sexual assault cases. Passionate about change to help victims and create a better process. Respectful with her inquiry.
CM Upthegrove: Expressed gratitude for meeting and for the comments by Ms. Joseph, giving passion and emotion to the brief. Interest in the stand-alone option, providing an entity for service to many orgs. Agency to develop trust of communities.
Members Present: Chair, Girmay Zahilay, Vice Chair, Kathy Lambert, Rod Dembowski, Jeanne Kohl-Welles, and Dave Upthegrove.
Members Absent: Regan Dunn.
Public input was robust. Over 30 people spoke in the roughly first 45 minutes of the meeting. There was a significant emphasis and motivation for the Youth Right to Council Ordinance (see summary of that agenda item, below) that the Committee would be deciding on that day. Many people came to support the ordinance, with many lawyers, civil rights activists, and youth activists. Even with all the time of public comment, not everyone was able to speak because of the allotment of time. The Committee needed to move on to be able to fit their agenda in.
One woman had a comment about some of the Committee members being distracted at the beginning, wanting them to completely focus on the importance of the meeting.
Members seemed prepared, knowing the material and asking questions to further the understanding of the policy at hand. The members were respectful of those who spoke, allowing each person to have their time and thanking them for their contribution. CM Dembowski was engaged and supportive of the Ordinance as a lawyer and a dad.
After public comment, the committee discussed motion 2020-0291, which is to increase the sheriff’s office patrols on boats, specifically river patrols, to help guarantee the safety of residents along bodies of water. The motion was not an increase to the Sheriff’s Office budget, but instead an allocation of money that was previously withheld in the budgetary spending. The motion passed with 100% support from the Committee.
Youth Right to Counsel Ordinance--Discussion and Vote
The Committee discussed Ordinance 2020-0253 the Youth Right to Counsel providing youth Miranda Rights, which says that there must be consultation before questioning a youth. There is one exception: If the police identifies an imminent threat and need to question the person because of this threat. The second part of the Ordinance was to provide counsel for youth before any search or seizure by an officer, also mandating the keeping of records by police of searches and seizures which will be sent to a 3rd party at set intervals of time to provide a check and balance.
The Ordinance had many speakers. Ultimately, the Committee approved the Ordinance. CMs Dembowski, Upthegrove, Kohl-Welles, and Zahilay voted “aye,” while Lambert voted no on the grounds of wanting more detail in the Ordinance on the imminent threat clause of the first part of the Ordinance.
Reporting Sex Offenses
Finally, the Committee discussed briefing 2020-B0065, about sexual offence cases and the reporting process. The main points revolved around the inequities in the situations and the lack of appropriate response to cases. There are and were many reports of sexual misconduct that come through the system, and most cases are not referred because of lack of evidence, which leads to less detectives on cases and low reporting numbers. This then culminates in low conviction rates. A change in statute of limitations was proposed to help supply early connection to the people who file cases, finding advocacy for these people.