Item Number:  7a__ 
Meeting Date:  July 14, 2020 

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5                                                     MOTION 2020-15: 
6                                      A MOTION OF THE PORT OF SEATTLE COMMISSION 
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8                             to direct a comprehensive assessment of the Port of Seattle
9                             Police Department to ensure alignment with the highest
10                          national standards and best practices related to policing; and
11                          to establish a Task Force on Port Policing and Civil Rights to
12                          lead the assessment  and develop recommendations for
13                          action. 
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15                                                    PROPOSED 
16                                                  JULY 14, 2020 
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18                                                  INTRODUCTION 
19    A broad consensus has formed in the United States that a close examination of current policing practices
20    is necessary and urgent. The Port of Seattle has the responsibility during this critical moment in history
21    to ensure that our Police Department is held to the highest nationwide standards achievable for public
22    safety, protection of civil rights, equity, accountability and oversight. 
23 
24    While much of the Port of Seattle Police Department's primary function is in service to port-owned
25    facilities and the unique requirements of international aviation and maritime activities, public safety
26    remains at the core of its mission. In addition, Port Police provide mutual aid requests to other
27    jurisdictions when needed. 
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29    The Port can lead by example by embracing a thorough review of Port Police practices, protocols and
30    internal processes, and by acting swiftly and meaningfully in identifying and acting upon areas for
31    improvement. 
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33                                              TEXT OF THE MOTION 
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35    The Port of Seattle Commission hereby directs a comprehensive assessment of the Port of Seattle Police
36    Department's policies, protocols and procedures impacting issues of diversity, equity and civil rights  
37    resulting in the development of recommendations for action. Recommendations should in no way
38    impede or detract the Police Department from fulfilling is critical public safety functions. 
39 
40        1)  The Commission affirms its strong support for the actions taken on June 23, 2020 by the
41            Executive Director, under his authority, to immediately implement reforms to Port Police
42            policies and practices: 
43                a.   An immediate ban on use of vascular and airway neck restraints, termed by the public as
44                    "chokeholds.'' 
45                b.  Ensuring diversity in all police hiring evaluation panels. 
46                c.   In recruitment and evaluation of police officer candidates, automatically disqualifying
47                    applicants based on a substantiated finding of the use of excessive force against a

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48                    member of the public, or a substantiated finding of racial discrimination against another
49                    employee or the public. 
50                d.  Ensuring that police training required for all officers on a regular basis includes de-
51                    escalation training, bystander intervention where an officer observes another officer
52                    acting in violation of the law or Port of Seattle policies, and anti-discrimination training. 
53                e. Reviewing the issue of "qualified immunity,'' as it applies to police officer conduct, for
54                    inclusion in the Port's federal legislative agenda. 
55                f. Continuing the Port's moratorium on police use of facial recognition technology. 
56                g.   Making Police Department policies visible to the public and Port staff. 
57                h.  Ensuring police officers' names are clearly identifiable on any uniform worn on duty. 
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59        2)  The Commission authorizes the creation of a Task Force on Port Policing and Civil Rights. The
60            Task Force will include two Port of Seattle Commissioners, appointed by the Commission
61            President, who will oversee and help guide this assessment. The Commission President shall also
62            appoint two Task Force co-chairs. 
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64        3)  The Task Force will develop and implement the approach, methodology, scope of work, and
65            timeline for the assessment. It will also develop recommendations for action, and will report
66            back to the full Commission on a regular basis. In addition to the two Commissioners, the Task
67            Force will be composed of: 
68                a. Representatives from the Port's Blacks in Government employee resource group, the
69                    Office of Equity, Diversity and Inclusion, Port Police, Legal, Human Resources, Labor
70                    Relations, and other Port corporate and business divisions and employee resource
71                    groups; and 
72                b.  External representatives such as community leaders, civil rights advocates, union
73                    representatives, members of the Civil Service Commission, and/or experts on criminal
74                    justice and law enforcement. 
75                c.   The Task Force will also be responsible for procuring the services of a consultant, if
76                    needed, to provide process facilitation, additional subject matter expertise and/or
77                    written report development. Sufficient funds reserved for this purpose shall be included
78                    in the Port's 2020, 2021 and 2022 budgets. 
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80        4)  The Task Force shall have the authority to review any existing Port data and documentation,
81            including police after-action reports, use of force reports, demographic data and any other
82            information necessary  within legal limits, appropriate confidentiality, and privacy laws  to
83            effectively and comprehensively conduct the assessment. In addition, the Task Force shall 
84            collect and review existing research, data, and best practices from similar assessments and
85            reports completed throughout the country, as well as remain coordinated with current local and
86            state efforts in order to maximize efficiency and alignment. Through the collection and analysis
87            of this data, the Task Force shall establish key metrics for evaluation of success for this process,
88            and metrics for measurement of progress toward any resulting recommendations. 
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90        5)  In developing a scope of work, the Task Force shall review all relevant issues, including but not
91            be limited to: 
92                a.   Diversity in Recruitment and Hiring: The assessment should include how potential
93                    officers are vetted during the testing and hiring process, including how an officer's
94                    background is reviewed and evaluated as well as how an applicant's physical, mental,
95                    and emotional fit for the Port of Seattle Police Department is assessed. Building on the
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96                    Executive Director's executive action that would "disqualify applicants based on
97                    substantiated instances of excessive use of force or racial discrimination," the
98                    assessment should more clearly define how these instances would be identified and the
99                    types of misconduct that would be prohibited. It shall also assess the diversity of the
100                   Port of Seattle Police Department in terms of demographics and other aspects such as
101                   languages spoken; and identify what additional efforts can be made to increase diversity 
102                   in each of those areas. Areas of exploration may include increased outreach during the
103                   recruitment process, internships and youth training opportunities, community-focused
104                   hiring programs or incentives, changes to the use of lateral postings for frontline
105                   officers, hiring panel diversity, and removal of disqualifications that disproportionately
106                   impact people of color. 
107                b.  Training and Development: The assessment should include a comprehensive review of
108                   the Police training curriculum, including whether existing training promotes a "guardian
109                   mentality" approach to policing as well as what training is provided to officers as
110                   alternative or intermediate approaches to avoid excessive use of force. In addition, the
111                   assessment should review whether officers are developed and advanced throughout the
112                   organization in a way that ensures equitable outcomes for officers of color; the
113                   assessment should identify whether barriers to advancement exist for officers of color
114                   and recommend ways to overcome those barriers. The assessment should also
115                   review current community engagement activities by the Port of Seattle Police
116                   Department in communities of color and economically distressed zip codes. 
117                c.   Equity: The assessment should identify what protocols and oversight are in place to
118                   ensure all officers  in particular, Black officers, other officers of color and other
119                   underrepresented demographics in the police force  are treated respectfully, equally, 
120                   and equitably. The assessment should determine what protocols are in place for Police
121                   employees to identify and report any mistreatment experienced or observed that are
122                   contrary to the Port's high standards expected of law enforcement, without fear of
123                   retaliation or reprisal. 
124                d.  Use-of-Force: The assessment should include a review of protocols governing use-of-
125                   force. The assessment should consider whether additional prohibitions on potentially
126                   lethal restraint techniques are needed, as well as whether changes are needed to Police 
127                   policies, practices or protocols regarding the use of weapons and tactics used to manage
128                   and disperse crowds and/or respond to crisis situations. As referenced above, the Task
129                   Force should look at how training can provide officers with alternatives to these tactics,
130                   in order to ensure officers have options to address difficult situations in productive
131                   ways. 
132                e.  Oversight and Accountability: The assessment should look at how complaints by
133                   members of the public or other Port employees are handled; in particular, the
134                   assessment should look at how civilians are able to submit complaints, and how those
135                   complaint mechanisms are publicized. The assessment should also include a review of
136                   internal reporting mechanisms for police officers who want to report alleged
137                   misconduct of other officers  including racially-motivated misconduct  without fear of
138                   reprisal or retaliation. In addition, the assessment should review whether additional
139                   Commission, Port leadership and/or external oversight is needed to facilitate
140                   accountability and transparency to the community, including any recommendations for
141                   ongoing reporting of progress toward approved metrics and notifications to Commission
142                   and Executive leadership of relevant complaints and reports. Finally, the Task Force
143                   should review the Port Police disciplinary process and how civil lawsuits brought against 
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144                   a Port Police officer are considered during that process. The Task Force should consider 
145                   how the Port Commission and Executive Director are made aware of such civil lawsuits,
146                   particularly where "qualified immunity" is invoked. 
147                f.   Police Union Participation: The assessment should engage police union representatives 
148                   in collaborative dialogue about how collective bargaining agreements properly balance
149                   officers' rights with the ability to enforce a high standard of conduct and continued
150                   employment; how members of the Police Department are held accountable for
151                   violations; and whether the negotiated disciplinary process could be improved. The
152                   assessment should also identify any issues related to collective bargaining that have the
153                   potential to serve as, or create barriers to, progress on addressing systemic racial issues
154                   to the success of people of color in the Police Department. 
155                g.  Budget, Roles and Equipment: The assessment should examine whether certain non-
156                   emergency situations could be better responded to by the deployment of non-
157                   uniformed officers, and whether investments in community-focused programs could
158                   decrease the prevalence of such situations. In addition, the assessment should review
159                   Port Police equipment and supplies used to conduct routine police work, including mass
160                   events and crowd management, and determine if any are excessive or unnecessary; in
161                   particular, the assessment should look at how military-grade equipment is procured and
162                   used, as well as the role of body cameras as a potential accountability measure for Port
163                   policing. 
164                h.  Mutual Aid: The assessment should include an exploration of how and when Port Police
165                   engage in mutual aid, the protocols for that engagement to ensure alignment with Port
166                   values and policing policies, and the formal agreements in place to ensure compliance
167                   with Port standards when engaged in mutual aid. The assessment should also look at
168                   how the Port and partner agencies review these mutual aid agreements on a regular
169                   basis, as well as the risks and benefits of mutual aid in the various scenarios in which it is
170                   provided. Similarly, the Task Force should review the scenarios in which the Port calls
171                   for mutual aid from other jurisdictions, what accountability measures are in place during
172                   those mutual aid situations, and how Port Police protocols are enforced during those
173                   instances.
174                i.   Advocacy: The assessment should include a review of potential state and federal
175                   legislation and reforms, such as changes to federal "qualified immunity" provisions or
176                   the creation of state or federal misconduct tracking databases, for the Port to include in
177                   its advocacy efforts. 
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179        6)  By no later than October 31, 2020, the Task Force shall submit its first report on progress and
180            any recommendations for immediate actions to the Commission and the Executive Director. By
181            no later than July 31, 2021, the Task Force will submit a final report and final recommendations
182            to the Commission and the Executive Director. As recommendations are developed, the Task
183            Force co-chairs shall submit a report to the Executive Director and Commission who will review
184            the report within 90 days of receipt. The Executive Director, Commission President, Task Force
185            co-chairs, and Port Police will collaborate to respond to the recommendations within six (6) 
186            months. 
187 
188    If, during the assessment, the Task Force recognizes the need to review additional policies, practices and
189    protocols of the Police Department, the Commission empowers the Task Force to do so. Budgetary
190    impacts of the Task Force's recommendations should also be considered, and changes to the Port of
191    Seattle Police Department budget should be prioritized to ensure sufficient resources are allocated to
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192    comply with any approved recommendations. The Port shall use the recommendations of the Task Force 
193    to create binding, long-term improvements  through Executive Director implementation, Commission
194    action, or the collective bargaining process. 
195 
196                                     STATEMENT IN SUPPORT OF THE MOTION 
197    The tragic killings of George Floyd, Breonna Taylor, Manuel Ellis, Rayshard Brooks and Ahmaud Arbery
198    are only some of the most recent in a long history of unjust killings of Black Americans at the hands of
199    police, reflecting a deeply disturbing pattern of systemic racism in our country that continues to severely
200    impact our cities, communities and essential institutions. 
201 
202    Over the past few weeks, hundreds of thousands across our nation gathered to protest, and continue to
203    protest, the unjust death of George Floyd, and the tolerance of racism by our communities and
204    institutions. The cruelty and callousness of these deaths is abhorrent to a just and civil society. Recent
205    demonstrations organized by groups in our community and around the country and world have offered
206    people an opportunity to share their pain, heal, organize, and demand immediate action for broad social
207    change, and to end systemic racism in policing and beyond. 
208 
209    Black Lives Matter and the nation are calling for an end to racial injustice, police brutality, killings and
210    dehumanizing of Black Americans, and major reform of policing in the United States. There is a clear
211    demand for an end to these issues, and immediate, deliberate action with sustained resolve. 
212 
213    The Port of Seattle relies on a diverse and inclusive workforce to accomplish our work for a better
214    future. Respect for one another is a Port core value. The Port must therefore take responsibility by doing 
215    its part to respond to the call of history at this seminal moment. 
216 
217    In light of the national movement to reexamine policing within our communities and in accordance with
218    the Port's Century Agenda goal to "Become a Model for Equity, Diversity, and Inclusion," a review of the
219    policies, practices and oversight of the Port of Seattle Police Department is fully appropriate. On July 14, 
220    2020, the Port of Seattle Commission will vote to direct a comprehensive assessment of the Port of
221    Seattle Police Department's policies, protocols and procedures impacting issues of diversity, equity and
222    civil rights, in order to develop recommendations for action. In addition, the Commission will authorize
223    the creation of a Commission Task Force on Port Policing and Civil Rights. Based on the work of the Task
224    Force, the Port will issue a set of recommendations and a plan for ensuring that the work of the Port
225    Police is transparent and accountable to community members and is fostering safe, healthy
226    communities. 
227 
228    On June 23, 2020, Executive Director Metruck announced publicly that he would use his authority to
229    direct the Acting Port of Seattle Police Chief to take immediate actions on this topic, including an
230    immediate ban on use of vascular and airway neck restraints; mandates related to diversity on police
231    hiring evaluation panels; disqualifications of police officer applicants based on a substantiated finding of
232    the use of excessive force against a member of the public, or a substantiated finding of racial
233    discrimination against another employee; requirements for de-escalation, "bystander'' intervention and
234    anti-discrimination training and other items. 
235 
236    The embrace of reforms in police departments around the country has shown how adapting policies
237    based on values of civil society, social justice, and the best available science can reduce the incidence of
238    violence in encounters between members of the community and police. It must be stated that the Port
239    of Seattle Police have not been implicated in the kinds of tragic events that are the focus of local and
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240    nationwide protests. Despite that record of strong public service to the community, the work of the Task
241    Force remains urgent and necessary, and will broadly benefit the Port, the communities we serve, and
242    users of Port facilities. 



















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