Seattle continues to lose police, new report finds mixed results for hiring bonus program

The review was triggered following a complaint made by a community member to the Office of Police Accountability (OPA), who asserted that the Seattle Police Department had engaged in “pervasive non-compliance” with mask mandates. That complaint included “extensive documentation” of unmasked officers in settings where a facial covering was required.

Issues with masking among SPD officers have since been documented across numerous agencies and departments. That included “two notices of serious violation of Washington Administrative Code” following a February 2021 citation from the Department of Labor & Industries, where seven SPD employees at the East Precinct were seen “not wearing masks properly or maintaining social distancing.” That led to L&I levying a $5,400 fine.

L&I issued another citation in July of 2021, after officers — this time near the West Precinct — were again seen not adhering to masking and social distancing requirements, this time while responding to public demonstrations.” Because it was the second citation L&I had issued to the department, the fine was raised to $12,000.

Prior to that, SPD command staff had repeatedly sent reminders to personnel regarding masking policies between March of 2020 and January of 2021. Each time, mandates from the chief of police, mayor, and assistant chief were reiterated, detailing how officers were required to remain clean-shaven to allow for tight-fitting facial coverings and maintain six feet of distance when possible, eventually noting how violations of the policy would be referred to the OPA.

“These explicit orders were accompanied by many email reminders from supervisors sent throughout the year,” the OIG’s report reads. “However, these communications were not generally successful in obtaining compliance.”

In April of 2020, that saw an SPD assistant chief describe the continued noncompliance as “incredibly disappointing” while addressing precinct captains. Three months later, a “high-risk SPD employee” asked to not return to in-person work, intimating how they were “not comfortable being around as many people that are in our building, especially since no one appears to wear a mask.”

Then in January of 2021, an internal email from an SPD captain described how he was “just stunned at the non-compliance” among officers. In that same month, interim Chief Adrian Diaz sent a message to command staff stating that the department’s policy encouraging “voluntary compliance and supervisor action” had proven to be “not sufficient internally.”

The OIG also spoke to then-OPA Director Andrew Myerberg “regarding the decision to not review mask non-compliance through the lens of insubordination,” driven by how the OPA had “struggled with the extent of non-compliance” across the department. That was in addition to the fact that “others higher in the chain of command” were similarly observed violating the policy.

Report details path to repairing ‘erosion of trust’ between Seattle police, protesters

“Director Myerberg explained that he perceived the mask non-compliance as indicative of a serious culture issue within SPD and stated that it was not sustainable for OPA to be the ‘thought police’ of the Department,” the OIG report notes.

A physician contracted by SPD to manage COVID exposures provided further insight into some of the more common objections officers had related to policies mandating eye protection in addition to the wearing of N95 masks. He asserted that “some personnel resisted due to concerns of comfort, fogged glasses, communication difficulties, and a belief that the COVID-19 virus was not real.”

Ultimately, the OIG concluded that “the degree of mask order violations appears related to a combination of organization culture and discretionary decisions” in responding to those who flouted the policy.

“However, the challenge is larger than just mitigating the spread of COVID-19,” it added. “SPD management should reframe how the department views matters of public health including COVID-19. Further, compliance – and public safety – may improve if all staff are held accountable for not following orders. Setting the precedent that mask orders do not need to be followed establishes a culture in which future, unrelated orders may be ignored as well.”

You can read the full OIG report at .

Washington’s preemption law bars cities and counties from enacting tougher gun laws than the state. requires gun owners to lock up their weapons in safes or secured boxes, while levying civil fines in situations where a child gets hold of an improperly stored firearm and uses it. Under the law, if someone gets access to an owner’s gun and uses it to commit a crime, the owner could be fined up to $10,000.

Seattle politician aims to take safe gun storage law national

The state’s requirements — as laid out in the I-1639 ballot initiative approved by voters in 2019 — make it so that a gun owner who improperly stores their firearm can be charged with a gross misdemeanor if someone else uses it to “intimate someone” or commit a crime, but it does not lay out restrictions regarding children.

Thursday’s ruling remands the case regarding the Edmonds ordinance back to trial court, with plaintiffs lauding it as a victory for gun rights.

“This should send a signal to other municipal governments — especially the City of Seattle against which we have a nearly identical pending lawsuit — that they cannot enact their own gun restrictions in violation of state law or the state constitution,” the Second Amendment Foundation told ����Xվ Newsradio.

A similar law in Seattle is also being challenged, but has yet to be ruled on. Because state Supreme Court decisions are not binding in other jurisdictions, that case will have to be resolved for Seattle to get clarity on whether its own ordinance can remain in place.

New Seattle ballot initiative would look to tackle homelessness with ‘social housing’ model

Social housing is common in European countries, most prominently , where it comprises roughly 40% of the city’s housing. A Seattle iteration being proposed in Initiative 135 by a group known as would establish a new standalone authority known as the Seattle Social Housing Developer, functioning outside the city’s government to build and maintain affordable, high-quality living spaces for people across a wide range of backgrounds, spanning 0% to 120% of median area income.

In a city where the cost of housing has continued to skyrocket — and where residents have recently voiced concerns over being priced out — the group behind I-135 believes that it could provide a crucial salve.

“This is another tool for the toolkit in response to a dramatically-rising housing crisis here,” Seattle University public affairs professor and I-135 campaign advisor Zach Wood told ����Xվ Newsradio.

“The idea of the public housing programs that we’re used to in the United States serves essentially the 0 to 30% (area median income),” he continued. “What social housing does is actually expand that quite a bit to say, one, we want to continue to serve the poorest of the poor income levels, but we also want to develop much more robust and cohesive communities for middle income — that is absolutely attached to the affordability crisis.”

If it gets approved by voters and implemented, the initiative would take shape in a few ways, starting with the public developer working to acquire and construct buildings to house these new affordable units. Those living in existing buildings acquired by the developer will be able to stay, “and as they leave on their own volition, those units will be opened up to the income ranges included in the program,” House Our Neighbors Campaign Co-Chair Tiffani McCoy described.

From there, the developer would “look at each building that it acquires or builds” to determine the loan balance needed to pay off purchases, the cost of ongoing operations and maintenance, and then determining the “different income brackets between 0 to 120% that we can actually serve.”

New buildings will then fill units with a lottery system, open to anyone living or working in Seattle. They will then be selected at random “based on what income levels can be served in each building.”

“Then people will move in, and they can stay there however long they want to,” McCoy described.

For anyone who eventually exceeds the range of incomes needed to enter the social housing program, they will still be able to stay, albeit while paying “a little bit more rent,” with those extra dollars going toward subsidizing those on the lower end of the income bracket.

Seattle council looks to catch up on affordable housing data

“These are going to be vibrant communities,” McCoy said. “We want people to own this and live in their community and be part of it forever, or as long as they want to be; this isn’t a stepping stone. We just see this as a mechanism where you can live here, this is your home, this is your community, whereas right now, renters are usually moving yearly based on rent increases.”

As for whether it can adequately address Seattle’s homeless crisis, McCoy notes that social housing is not designed to be “a silver bullet” that will get people off the streets immediately.

What it can do, she posits, is prevent homelessness from occurring down the road.

“This isn’t going to magically solve homelessness,” McCoy clarified. “But can we start preventing homelessness from happening, and all of the costs and the mental toll on individuals that that takes? We absolutely can, if there is the political will to fund this and to get behind this as another mechanism to solving the crisis.”

Listen to Seattle’s Morning News with Dave Ross and Colleen O’Brien weekday mornings from 5 – 9 a.m. on ����Xվ Newsradio, 97.3 FM. Subscribe to the podcast here.

Washington schools begin shift to mask-optional approach for students

This move comes as part of guidance from the Washington Department of Health. Up until now, students and staff had been required to maintain three feet of physical distancing in classrooms, down from the six feet that had initially been required in the early days of the return to in-person instruction. Seattle schools also sought to maintain distancing during lunch and recess whenever possible, requiring six feet in common spaces and hallways.

Starting on April 25, those requirements will no longer be in place, as the district pivots to an approach centered more around testing and isolation for positive cases. Schools will also continue to maintain upgraded air ventilation systems for indoor spaces.

Moving forward, SPS will look to conduct testing of students in groups and classrooms, cited as “an important tool for responding to an increase of COVID cases or suspected outbreaks.”

“This type of testing allows us to get a clear picture of spread in a classroom or student group and is an additional step we can take to keep our classrooms safe and students learning in-person,” the district said in an updated .

Seattle students plan Monday walkout over lifting of mask mandate in schools

That testing will be done with the consent of parents, who can opt into the program at .

Masks remain optional in school settings as well, while the state Board of Health voted this month to not add the COVID-19 vaccination to the list of required vaccines for students.

Pot shops call for more collaboration, police, and new banking rules

Recent incidents include one at a Tacoma dispensary where an employee was shot and killed during an armed robbery. Just days before that, an employee at a Covington pot shop was taken hostage, before the suspect was shot and killed by another store employee.

Because of federal regulations, cannabis sales in Washington are conducted with cash, which keeps large quantities on-hand at most pot shops, and in turn, makes them prime targets for robberies. That has local leaders pushing for a bill known as the SAFE Banking Act, which has been passed by the U.S. House Representatives upwards of six times despite repeatedly stalling out in the Senate.

In practice, it would allow banks to conduct financial transactions related to the sale of cannabis, which remains illegal at the federal level despite recreational marijuana being permitted in 18 states. The hope is that by allowing transactions to be conducted using debit and credit cards, shops will no longer have to carry as much physical currency.

“Washington businesses and their employees need action today,” Gov. Jay Inslee and Attorney General Bob Ferguson wrote in published on Tuesday. “This has become a matter of life and death.”

Washington treasurer pushes Congress for solution to rash of violent pot shop robberies

Joining that push on Wednesday was Washington Sen. Patty Murry, who voiced her thoughts on the SAFE Banking Act during a press conference in Tukwila.

“It makes absolutely no sense that legal cannabis businesses are being forced to operate entirely in cash,” she said. “It’s dangerous — and sometimes even fatal — for the employees behind the register, but this situation is also completely preventable.”

This also comes after Washington Treasure Mike Pellicciotti met with the state’s Congressional delegation in late March to lay out a plan to finally push the SAFE Banking Act over the finish line, at the time intimating how he believed “there might be a path” in the months to come.

Seattle City Attorney tightens filing deadline for incoming cases to address growing backlog

Moving forward, Davison plans to have her office prioritize case referrals related to “crimes against persons,” including domestic violence, assault with sexual motivation, and “other assault and harassment related crimes.” After that, the focus, in order, will be on crimes involving guns and other weapons, DUIs, and those with suspects who meet the “High Utilizer Initiative” criteria of three or more current referrals in the existing backlog.

Although was centered around increasing prosecution for misdemeanor crimes like property destruction, theft, and trespassing, a sizable portion of backlogged cases related to those offenses will be declined “in order to maintain close-in-time filing for present day cases.”

Combined between those cases and others where the statute of limitations has already lapsed, Davison’s office estimates that over 1,900 total cases in the backlog will be declined in total.

“To best serve the interests of public safety, we must prioritize resources to review our recent referrals within a reasonable amount of time,” Criminal Chief Natalie Walton-Anderson said in a news release. “Simply filing every case would not resolve the backlog – the court system cannot handle an influx of cases of this magnitude all at once.”

Ann Davison: Will be ‘room in the middle’ in Seattle City Attorney’s office

The hope is that this strategy — along with having filled nine vacant prosecutor positions since Davison’s term began — is to “address the backlog by the end of the year.”

To mitigate against the potential for “overwhelming the criminal justice system with a onetime influx of cases,” Davison plans to have her office collaborate with other stakeholders in the process to plan around expected monthly case referrals.

Seattle Starbucks location votes to become first on West Coast to unionize

The union vote came from Verizon retail workers in Everett and Lynnwood, following what they say had been “years of retaliation by senior management and poor working conditions, including understaffing and unlivable wages.”

“We know our worth, and it’s time we have a seat at the table and have our voices heard,” Verizon worker Austin Hitch said in a news release. “We hope that our success shows our fellow Verizon Wireless workers across the country that their voice matters, and when you stand united you can do great things.”

Workers further allege that the company has engaged in a “long history of union-busting,” pointing to “an aggressive anti-union campaign amid organizing efforts at its retail stores in Brooklyn” in 2014. Verizon employees in Brooklyn to become the first among the company’s stores to successfully unionize.

Today, Lynnwood and Everett workers cite a recent union push by Seattle-area Starbucks employees as the impetus for their own movement.

“We are witnessing an inspiring moment of worker power in this country,” Verizon employee Natalia D’aigle said. “After seeing the organizing efforts by Seattle Starbucks workers and their ultimate success in forming a union, we felt even more empowered to join together and demand a seat at the table.”

Seattle’s flagship Starbucks location throws weight behind nationwide unionization push

“If Starbucks workers can do it, why not us?” she added.

Responding to this week’s union vote, the company claimed that “tens of thousands” of Verizon employees have “indicated time and again they prefer having direct contact with their manager” over involving a union representation.

“While we respect the choice made by these few employees, we firmly believe that direct manager involvement is the best way to build a healthy culture and our industry-leading compensation, benefits and work environment are proof positive,” a Verizon spokesperson told ����Xվ Newsradio.

Just days after the union vote, the company raised its minimum wage to $20 for new customer service and retail employees, while “adding premium pay differentials for assistant managers who work on holidays, Sundays and for those who are bilingual.”

According to sources who spoke to the Times, Kreidler had used derogatory terms for transgender people, as well as people of Japanese, Mexican, Chinese, Italian, and Spanish descent. That allegedly included one instance where Kreidler asked a woman interviewing for a position — and who was born in Hawaii of Japanese descent — “whether her great-grandparents came over to Hawaii to work on sugar plantations or pineapple plantations.”

On Monday, Kreidler in as many months, stating that he was “sorry for any pain” he had caused.

“I’ve been in public office for more than four decades. During that time, society’s norms have steadily changed —and that’s a good thing. We should evolve and get better,” he wrote. “Unfortunately, sometimes my language has not kept up with those changes.”

“… I will be more careful with the words I use and will also continue to push the policies that lift people up and protect them against any injustices that remain in our society,” he continued. “I regret that public discussions of my word choices might leave any uncertainty about where I stand when it comes to protecting those who have historically been told they did not have a genuine place in our society.”

Kreidler had previously apologized in early March for his treatment of staff, following allegations in a report from the Northwest News Network claiming he had engaged in a pattern of abusive behavior.

State insurance commissioner issues apology following reports of abusive behavior

“I’m talking about meanness, deliberately cutting people down publicly to humiliate them, not letting bygones be bygones,” one employee had said.

Shortly after those allegations came to light, Kreidler expressed that he “must do better.”

“I care about everyone who works with me at the Office of the Insurance Commissioner,” he said at the time. “I deeply regret that some of my behavior and actions have taken attention away from the good work we do on behalf of insurance consumers. We hold each other to high standards, and I am not above those.”

E-scooters roll out in Seattle as part of one-year pilot program

The pilot program rank between September 2020 and October 2021, starting with permits for three companies — Lime, Link, and Wheels — each of whom were allowed to start with fleets of 2,000 scooters each. In July of 2021, Spin was added as a fourth provider.

During that period, the Seattle Department of Transportation estimates that roughly 260,000 riders took 1.4 million scooter share trips. In a fall 2021 survey where 4,700 of riders responded, 43% reported using e-scooters for social/recreational reasons. Another 22% said they used them as part of their daily commute, while 15% rode them to or from restaurants, bars, and takeout, 12% for errands, and 6% for shopping.

Scooters also proved helpful for those using public transit, with 21% of riders using them to connect to buses or trains. Of those, “over half said they would have used a taxi, ride-hail, or personal vehicle if scooter share had not been available.”

One of the larger concerns leading up to the approval of the pilot program surrounded the potential for injuries, an issue which has been prevalent in other cities. That said, SDOT found that although 11% of those surveyed reported experiencing an injury while using an e-scooter, just 2.3% sought medical attention. The most prominent reasons cited for those injuries included raised pavement, potholes, debris, and “changes in the right-of-way.”

Why e-scooters have been dangerous for riders in cities like Seattle

“Some noted driver inattentiveness and being struck or needing to veer away from those driving too close,” SDOT described.

In , law enforcement and local leaders have reported an increase in instances where people have used bikeshares to flee from crimes. A review of over 8,000 police reports in Seattle did not see a similar trend take shape for the city’s e-scooters, finding just 17 incidents “in which a scooter rider was involved.” And in some of those case, SDOT could also “not verify if the scooter was privately owned or part of the scooter share pilot program.

With Seattle’s pilot program having wrapped up last fall, the city will now begin accepting applications for a “competitive permit application process,” where as many as four scooter share operators will be chosen to operate full-time.

“This could include companies operating today, as well as new ones,” SDOT clarified, detailing how it plans to focus on growing ridership equity in underserved areas, distributing helmets, and working to reduce obstructions caused by scooters parked in public rights of way.

You can read SDOT’s full evaluation at .

State lawmakers approve changes to how voter initiatives appear on ballots

That effort is taking the form of I-1929, which would repeal a 7% tax on the sale or exchange of capital assets above $250,000 approved in 2021. The initiative has already garnered over $211,000 in contributions from wealthy donors, with hundreds of thousands of dollars more in pledged donations.

Despite the assertion that the levy represents an income tax — which has regularly failed to gain traction with voters in past years — a bill passed during this year’s legislative session could throw a wrench into the works.

The bill, SHB 1876, makes it so that any ballot initiative that would impact taxes, fees, or “cause a net change in state revenue” must include an “impact statement” written by Attorney General Bob Ferguson that lays out the direct financial impact of the measure, explaining how it would increase or decrease funding for specific services. In the case of I-1929, polling data released this week by Public Polling Policy on behalf of Civic Ventures demonstrated the effect this might have come November.

The data was divided between two surveys — one asking 553 likely Washington voters whether they would support a repeal of the state’s capital gains tax based on a brief description of I-1929, and another asking a separate group of 572 voters whether they would support the initiative as it would appear on the ballot with the requisite impact statement, adding how it would “decrease funding for education, early learning, child care and school construction.”

Court battle over capital gains tax could rewrite Washington’s tax code

In the first survey, 40% said they would vote in favor of I-1929, with 39% opposed, and another 20% saying they were unsure. The second survey showed support for the initiative dip to 37% with the impact statement included, with “no” votes rising to 49%, and the percentage of people who were uncertain dropping to 14%. The rise in opposition to I-1929 in the second survey was also consistent across “all age groups and political affiliations.”

This also comes while the sponsors behind the initiative are challenging — which does not yet include an impact statement — for describing the capital gains levy as an excise tax rather than an income tax, in light of a recent court ruling asserting its status as the latter.

In a written response, a spokesperson for Ferguson’s office countered by noting that the Douglas County court ruling “is not final,” as it is currently in the process of being appealed to the Supreme Court of Washington, and as such, “is not binding.”

The strikes will run between 6 a.m. and 3 p.m., and will include workers from Starbucks stores on Fifth and Pike and Eastlake.

Employees at the Eastlake location assert that the company has engaged in “uneven and retaliatory enforcement of policies, fabrication of employment requirements, and slashing hours available to employees despite increased sales.”

Happening Now: ⁦⁩ workers fighting to unionize launch day-long strike demanding an end to what they see as union busting. ⁦⁩ ⁦⁩

— Hanna Scott (@Hanna����XվFM)

Fifth and Pike Starbucks workers further claim that that since they filed for a union election early in 2022, “they have faced intense union-busting from Starbucks corporate, including threatening, intimidating, and retaliating against union leaders.”

“Management has ignored deteriorating working conditions, leaving staff overworked and underpaid,” they said in a statement .

This comes after employees at a Marysville Starbucks similarly went on strike last weekend, claiming they had been subjected to unfair working conditions and a lack of adequate staffing.

In late March, a Seattle Starbucks at Broadway and Denny became the West Coast’s first location to vote in favor of unionizing, with at least four others looking to follow suit.

How new ‘mini wave’ of COVID cases in King County is different from past surges

For the seven-day period ending on April 9, cases have increased by 39% countywide, while hospitalizations have risen 9% over that same period. But as Dr. Duchin points out, that increase has been slower than what we saw in the early days of the omicron variant, with totals still “much lower than the peak we saw in January.”

“At the peak of the Omicron surge, an average of 6,500 new cases were reported daily. Currently, we’re seeing an average of 484 new cases/day,” he . “That’s about 3X the # reported at the post-surge nadir a month ago, but 7% of the number at the Omicron peak.”

Duchin further notes that deaths and hospitalizations “are comparable to the lowest levels we’ve seen during the pandemic,” the majority of which have occurred among those ages 65 and up. That’s largely driven by the fact that over 85% of eligible King County residents completed their primary series of vaccine shots, while 51% have gotten both their first shots and a booster.

That said, he also cited concerns over the relatively low rate of those who have received boosters when measured against those who got the first series, particularly among communities of color. According to King County’s latest data, just 43% of Black residents have been boosted, in addition to 42% of its Hispanic/Latino population.

UW researchers: ‘The pandemic phase of COVID-19 is gone’

Duchin goes on to warn that long COVID — instances where someone experiences symptoms that persist for months after the fact — can still occur in “less severe and even mild cases,” although being vaccinated does decrease that risk.

“There’s much we don’t know about long COVID, including how best to diagnose and treat it,” he said. “Many recover after weeks to months. However, even among young, healthy people, long COVID can be serious & long lasting, affecting the brain, nervous system, heart, lungs, and other organs.”

In the weeks and months to come, he advises that people continue to take basic precautions, and that it would be “a good idea to wear a high-quality and well-fitting mask in crowded indoor spaces.” For anyone going to indoor group gatherings, he says that people should also “consider rapid testing.”

Right now, it’s a good idea to wear a high-quality (I.e., N95, KN95, KF94) & well-fitting face mask in crowded indoor spaces. A high-quality mask can reduce your risk of infection where risk is greatest, such as indoor events or settings with poor ventilation. 19/

— Jeffrey Duchin, MD (@DocJeffD)

That sort of layered protection is what Duchin says will be crucial moving forward, given that the virus “will likely continue to challenge us with intermittent surges.”

Seattle lays groundwork for ‘shared vision’ of denser housing

Roughly 70% of Shoreline is zoned almost entirely for single-family homes, excepting instances with accessory dwelling units and basement dwellings where the owner also lives in the residence. The hope from Councilmember Chris Roberts is to provide more options by allowing duplexes and triplexes to be built in those areas, which he says could effectively triple the city’s housing supply.

“We’ve seen that housing, especially the kind of multifamily housing that many cities have been promoting, is very expensive to build,” he described during . “We need the federal government and the state to come in to build that kind of low income housing — short of that we need to really increase supply.”

“When we think about all of this, I don’t think it’s a terribly bold thing to say and explicitly say that yes, duplexes can be and should be allowed under our code,”  Roberts continued. “I think it’s just sort of a natural evolution of where we are.”

Roberts’ amendment doesn’t immediately expand Shoreline’s existing land use regulations. Rather, it tasks the city’s Planning Commission with looking into such an expansion through community outreach, studying environmental factors, and determining the exact land use codes that would need to be altered or replaced.

Among those in support of the proposal was Councilmember Eben Pobee, who pointed to how it could open up more options for younger first-time home buyers in a market where many have already been priced out.

“If a young man who just got married possibly cannot afford a dream house, I think a duplex is just better at the time to start a life, continue to live in the city, and contribute to community-building, which is very essential,” he posited.

Others expressed hesitance, with council staff voicing how it was “concerned about adopting goals, policies, and development regulations for duplexes and triplexes before the State adopts a missing-middle housing bill.” A proposed state bill this session that would have expanded middle housing options near major transit corridors failed to get a vote, despite several key aspects being scaled back during the committee process.

Tacoma approves landmark bill doing away with single-family zoning label

Others still noted that while they’re supportive of denser housing options, they had reservations about a proposal that will still require years of outreach and development, while further pointing out that the Planning Commission is already working on plans to potentially allow other alternatives like cottage housing.

“This is a tough one for me because I believe that we do need to add density and I really support and thank the folks who jumped on board to give comment today,” Deputy Mayor Betsy Robertson said. “It also feels like it’s not fully baked yet.”

“I’m really interested in increasing density — I completely share the views of so many of my colleagues that we’re in a time where this is something that we all need to identify and look at,” Councilmember Laura Mork added. “But the Planning Commission to my understanding is already working on the cottage housing and the missing middle components of this, and I want to get that done first.”

Ultimately, Roberts’ amendment passed by a 4-3 margin, meaning that Shoreline will soon begin work on further exploring the feasibility of the proposal.

New ballot initiative takes aim at Washington capital gains tax

Registered as I-1929, the ballot initiative would repeal SB 5096, which created a 7% tax on the sale or exchange of capital assets above $250,000. While the bill defines the levy as an excise tax, a Douglas County Superior Court judge ruled in early March that it qualified as a graduated income tax, which would violate Washington’s state constitution.

During the last legislative session, lawmakers approved a new measure that made Attorney General Ferguson responsible for drafting the titles and summaries for ballot initiatives as they would appear to voters. For I-1929, describes the levy as an excise tax, despite the recent court ruling asserting otherwise.

The initiative’s sponsors took issue with that this week, claiming in a legal challenged filed in Thurston County Superior Court that Ferguson’s description is “misleading, imprecise, and will likely cause confusion and improper bias in opposition to the initiative.”

In a written response, a spokesperson for Ferguson’s office countered by noting that the Douglas County court ruling “is not final,” as it is currently in the process of being appealed to the Supreme Court of Washington, and as such, “is not binding.”

Figuring out how state Supreme Court might rule on challenge to capital gains tax

“All the parties recognize this case will ultimately be decided by the State Supreme Court,” spokesperson Brionna Aho told MyNorthwest. “There is nothing disingenuous about using the Legislature’s accurate characterization of a statute to describe the statute.”

Currently, Ferguson is awaiting word from the state Supreme Court on a request for direct review, which would bypass the lower appeals court and allow for a more expedited timeline to deliver a final ruling. In the interim, the tax remains in effect pending that action.

Economist: Seattle’s single-family zoning ‘doesn’t make any sense’

As Morales noted, “land use planning really is the most powerful tool that we have as a city.”

“It affects how the neighborhoods in our city change and grow, and so it’s really important that we all understand what the processes are, and figure out how we engage in those processes,” she added.

The hope with the updated Comprehensive Plan is to design a “shared vision” for how Seattle can keep up with the ever-increasing demand for housing, particularly in a city where a large majority of areas are zoned for single-family homes. Without dramatic changes to that ratio, Seattle Planning Commissioner and architect Matt Hutchins warns that housing affordability could only be maintained with a significant increase in new homes.

“The growth target of just keeping things as affordable as they currently are is that we need about 152,000 new homes in the next 20 years,” he estimated. “That’s more than we have single family lots in the entire city — we have about 128,000 — so, we’re talking about doubling the density of a good portion of the city to make make space for all the people that we expect to come to Seattle.”

That’s compounded by the fact that the city’s existing zoning does not allow for the basic infrastructure needed to build and maintain well-served, denser communities, VIA Architecture’s Dylan Glosecki described.

“We have a huge swath of Seattle that only allows for detached homes and residential, it does not allow for neighborhood services, a corner stores, a dry cleaner, it doesn’t allow for the sort of daily needs and services that we need access to,” he said.

This also comes during a time where many in Seattle are concerned about rising home prices and affordability, evidenced by a recent survey released by the Chamber of Commerce. It found that 82% of respondents supported “policies that make it easier to build new housing in transit and commercial areas, while 61% expressed their willingness to change regulations to “allow more density in single family home zones.”

Tacoma approves landmark bill doing away with single-family zoning label

Even so, those policies have been slow to arrive, with Seattle’s last prominent attempt to allow for denser housing upzoning a relatively modest 5% of the city in 2019. In the 2022 legislative session, a state bill which sought to expand housing options near transit routes fell short of passage, despite scaling back several key aspects of the original proposal by the time it moved through committee.

The hope from city leaders moving forward is to have Seattle build a roadmap into its Comprehensive Plan which hones in on new urban centers near light rail stations, improving walkability, and “supporting a greater variety of housing options.”

You can read full details on the timeline for updates to the Comprehensive Plan .

King County moving forward with plan to convert Kirkland hotel into homeless shelter

The lawsuit was filed in early April by a group of parents called Keep Kids Safe, who claim that the city ignored state and county laws it purchased the hotel, and that the county should been required to hold a public meeting regarding the intended use of the property.

The former hotel is located near State Route 520 on the south edge of Kirkland, marking the latest site added to the county’s Health Through Housing initiative. As part of that effort, the county has already purchased nine other former hotel properties, spanning Auburn, Federal Way, North Seattle, Pioneer Square, Queen Anne, Redmond, and Renton.

When it first became known that the county was considering the Kirkland site for its next shelter space, several residents expressed concerns over its proximity to at least four schools, as well as the area’s status as “a major hub for several businesses” along the border between Kirkland and Bellevue. That led to the lawsuit, which alleges that “the risks of locating so close to all these schools and a daycare” were not considered.

In an open letter “to our community” from Mayor Sweet, she expressed how she was “disappointed that the plaintiffs in this case … seem willing to jeopardize the confidence that Kirkland’s residents and businesses have in their City and its government.”

UW researchers see ‘compelling’ results from bringing homeless into hotels

“At the same time, however, we want to make it clear we hear and understand the concerns members of our community have expressed about this proposed use,” she added, directing residents to the city’s , which lays out its larger strategy regarding homelessness, as well as the process surrounding the use of the hotel.

“Both the Council and City staff, at our direction, have been transparent in this process and will continue to be,” Sweet continued. “As we have stated from the outset, we will conduct additional, robust public outreach to help ensure that community concerns are addressed in the agreements between the City and the County.”

That will include a town hall meeting hosted by King County and Kirkland leaders on May 9, with more details expected to be released in the coming weeks.

The committee — registered — has taken in the bulk of its funds from Columbia Pacific Advisors Vice President Stan Baty, who donated $100,000 to the group in late March. Other contributions include $50,000 from Mary Kay McCaw, the wife of late billionaire Keith McCaw, and $20,000 each from prominent Republican donors Steve Gordon and Brian Heywood.

Figuring out how state Supreme Court might rule on challenge to capital gains tax

Gordon has also pledged to donate another $100,000, with other pledges including $5,000 from former Republican gubernatorial candidate Bill Bryant, $50,000 from former Columbia Bank Chairman Bill Weyerhaeuser, $50,000 from Columbia Ventures CEO Ken Peterson, and $100,000 from First Republic Private Wealth Management Managing Director Phil Schlaepfer.

The initiative the PAC is supporting was filed with the state in late March by Chehalis attorney J. Vander Stoep, seeking to repeal SB 5096, which created a 7% excise tax on the sale or exchange of capital assets above $250,000.

In its text, the initiative alleges that state lawmakers “will continue to try and impose taxes on different forms of income” if the capital gains tax is allowed to remain in place, “despite voters repeatedly rejecting such taxes.”

In early March, a Douglas County Superior Court ruled the tax unconstitutional, siding with plaintiffs in supporting their definition of capital gains as income. The capital gains tax remains in place in the meantime ahead of a possible hearing with the Washington Supreme Court.

New ballot initiative takes aim at Washington capital gains tax

The state’s capital gains tax was approved by state lawmakers in 2021, imposing a 7% tax on capital gains above $250,000 for all to bring in an estimated $415 million in 2023, its first year. The text of the bill describes it as an excise tax on the sale of stocks, bonds, and other assets above $250,000, excepting real estate and family-owned small businesses.

In early March, a Douglas County Superior Court ruled the tax unconstitutional, siding with plaintiffs in supporting their definition of capital gains as income. State Attorney General Bob Ferguson then filed a request for direct review with the state Supreme Court, which has yet to render a decision as to whether it will hear the case right away, or kick it down to an appeals court first.

If or when it does end up in front of the state’s highest court, University of Washington constitutional law professor Hugh Spitzer believes that it is “more than likely” justices will side with the state in defining the levy as an excise tax.

Under existing court precedent, the state defines income as property, making it a violation of the state’s constitution to tax either at a graduated rate. Speaking during Spitzer pointed to how Washington’s definition of an excise tax gets around that mandate.

“Under Washington law, an excise tax is a tax on an activity, on an event; property tax is a tax on standing property,” he described.

Essentially, an annual tax on property owned by someone in Washington falls under the “income tax” umbrella. But when that property is sold, the money from that sale is levied as an excise tax based on a separate decades-old state Supreme Court ruling.

“That’s how the capital gains tax was structured from a state perspective,” Spitzer added. “It’s a tax on the activity of selling certain kinds of capital assets measured by the amount of the gain — it’s a very technical issue, but I think that the state Supreme Court is going to understand this issue, and will make this ruling under Washington law.”

Taking issue with that position was UW tax law professor Scott Schumacher, who believes that the capital gains tax is unconstitutional.

Court battle could rewrite Washington’s tax code

“The way it’s measured how it’s reported, the various deductions and exemptions, make it seem more like an income tax than an excise tax,” he posited. “I think the indicia of the tax make it more like an income tax, and as such, there are 70, 80 years worth of Washington Supreme Court decisions on this saying that an income tax or tax on property is unconstitutional.”

As Schumacher further points out, money made from capital gains is also reported on federal income tax returns.

“Professor Spitzer is correct that this is a state tax question, but just the way it’s calculated, the way it’s reported, you have to file your federal income tax return to show that the capital gains tax that you’re reporting to the federal government is equivalent to or equal to the capital gains you’re reporting to the state of Washington,” he continued. “To me, it just has the indicia of an income tax. It tracks the federal definition and provides deductions and exemptions for the charitable deduction that goes against that.”

That’s the primary argument made by plaintiffs in the lawsuit seeking to overturn the tax, who point to a series of similarities between how income taxes are calculated and how the capital gains tax was designed.

You can watch the full debate between Spitzer and Schumacher here: 

With position no longer up to voters, King County begins search for new sheriff

The three finalists are: interim King County Sheriff Patti Cole-Tindall; Killeen, Texas Police Chief Charles Kimble; and Atlanta Police Major Reginald Moorman.

Cole-Tindall has been served as interim sheriff since the start of 2022, becoming the first person of color to ever serve in that role. She first joined the department in 2015 as the chief of technical services. She was then appointed to serve as undersheriff in 2020. According to the county, that role had her overseeing “the development and implementation of the KCSO strategic plan and the examination and strengthening of the KCSO complaint and use of force review processes.”

Kimble has been Killeen’s police chief since 2017. Prior to that, he was assistant chief of police for the Fayetteville Police Department for over 19 years, before briefing serving as chief in Spring Lake, North Carolina. More recently, he to “un-strain” the Killeen Police Department’s relationship with the community by increasing outreach efforts, particularly related to mental health crises.

Moorman has served with the Atlanta Police Department , first as a beat officer, before being promoted to sergeant in 2007, lieutenant in 2011, captain in 2015, and then finally, major in 2020. As part of that last promotion, he was assigned to lead the department’s Community Oriented Policing Section, tasked with “working with the community to implement positive change.” He also works as an adjunct criminal justice professor at Georgia State University, Atlanta Metropolitan State College, and American Intercontinental University.

Former King County Sheriff looks back on shortened tenure

Next, the county will hold where the public can “provide input, ask questions, and get to know the candidates better.” The first forum will take place virtually on April 18 at 6 p.m., followed by another on April 21 at 9 a.m.

Previously, King County’s sheriff was an elected position decided by voters. A trio of charter amendments approved during 2020’s election changed that, giving the county executive the authority to appoint the role. That saw Sheriff Mitzi Johanknecht’s term expire at the end of 2021, with Cole-Tindall tagged to serve in the role in an interim capacity until a full-time appointment is made.

Lawmakers disappointed by Gov. Inslee’s veto pen

Passed with broad bipartisan support, was designed to create a sales tax deferral program for counties with populations under 650,000, expanding a sales tax exemption to large warehouses in those areas, and capping the sales taxes exemption on the construction of large warehouses and grain elevators at $400,000.

After to reject the bill entirely, Inslee eventually opted to scale back his veto to include specific portions of the legislation, including the sales tax exemption cap and a stipulation expanding access to the program itself.

In justifying his initial opposition to the proposal, Gov. Inslee criticized the measure for being “overly broad” in providing exemptions to businesses in 36 of 39 Washington counties, while arguing that overall, “the warehousing industry has remained strong” with the rise of online shopping, and as such, “does not require an expanded tax incentive program to remain competitive.”

Among those criticizing Inslee’s partial veto , Democratic Rep. Emily Randall, who labeled the move as “a short-sighted attempt to apply a Seattle-centric, one-size-fits-all policy to our whole state,” going on to express how she was “extremely disappointed in the governor’s decision.”

A year after veto, Gov. Inslee signs pledge to end sale of new gas-powered cars by 2030

“This bipartisan bill made it to the governor’s desk with broad support because it was an overdue investment in our communities beyond the I-5 corridor,” she continued. “Now, with this partial veto, SB 5901’s impact will not expand beyond the biggest warehouses in King County, and the smaller facilities and businesses — like those that might grow and scale at the Port of Bremerton’s industrial park — will not see the benefits of this tax exemption.”

This also isn’t the first time Inslee has butted heads with lawmakers over his veto pen. In 2021, he struck down language in climate change legislation that would have linked a cap-and-trade proposal and a clean fuel standard measure to a yet-to-be-passed transportation package. At the time, then-Senate Transportation Chair Steve Hobbs claimed that the partial veto was “illegal.” House Speaker Laurie Jinkins similarly stated that Inslee had reached “beyond his constitutional powers.”

Later in that same year, the Supreme Court of Washington State ruled that a separate line-item veto from Inslee in a 2019 transportation bill had upset the “constitutional balance” between the governor’s office and the Legislature.