Motion 2020-15 a motion to authorize a comprehensive assessment of the Port Police Department Page 1 of 6
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MOTION 2020-15:
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A MOTION OF THE PORT OF SEATTLE COMMISSION
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to direct a comprehensive assessment of the Port of Seattle
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Police Department to ensure alignment with the highest
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national standards and best practices related to policing; and
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to establish a Task Force on Port Policing and Civil Rights to
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lead the assessment and develop recommendations for
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action.
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PROPOSED
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JULY 14, 2020
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INTRODUCTION
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A broad consensus has formed in the United States that a close examination of current policing practices
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is necessary and urgent. The Port of Seattle has the responsibility during this critical moment in history
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to ensure that our Police Department is held to the highest nationwide standards achievable for public
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safety, protection of civil rights, equity, accountability and oversight.
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While much of the Port of Seattle Police Department’s primary function is in service to port-owned
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facilities and the unique requirements of international aviation and maritime activities, public safety
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remains at the core of its mission. In addition, Port Police provide mutual aid requests to other
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jurisdictions when needed.
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The Port can lead by example by embracing a thorough review of Port Police practices, protocols and
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internal processes, and by acting swiftly and meaningfully in identifying and acting upon areas for
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improvement.
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TEXT OF THE MOTION
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The Port of Seattle Commission hereby directs staff to undertake a comprehensive assessment of the
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Port of Seattle Police Department’s policies, protocols and procedures impacting issues of diversity,
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equity and civil rights – resulting in the development of recommendations for action. Recommendations
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should in no way impede or detract the Police Department from fulfilling its critical public safety
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functions.
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1) The Commission affirms its strong support for the actions taken on June 23, 2020 by the
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Executive Director, under his authority, to immediately implement reforms to Port Police
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policies and practices:
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a. An immediate ban on use of vascular and airway neck restraints, termed by the public as
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“chokeholds.’’
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b. Ensuring diversity in all police hiring evaluation panels.
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c. In recruitment and evaluation of police officer candidates, automatically disqualifying
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applicants based on a substantiated finding of the use of excessive force against a
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Item Number: 7a__
Meeting Date: July 14, 2020
Motion 2020-15 a motion to authorize a comprehensive assessment of the Port Police Department Page 2 of 6
member of the public, or a substantiated finding of racial discrimination against another
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employee or the public.
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d. Ensuring that police training required for all officers on a regular basis includes de-
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escalation training, bystander intervention where an officer observes another officer
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acting in violation of the law or Port of Seattle policies, and anti-discrimination training.
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e. Reviewing the issue of “qualified immunity,’’ as it applies to police officer conduct, for
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inclusion in the Port’s federal legislative agenda.
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f. Continuing the Port’s moratorium on police use of facial recognition technology.
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g. Making Police Department policies visible to the public and Port staff.
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h. Ensuring police officers’ names are clearly identifiable on any uniform worn on duty.
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2) The Commission authorizes the creation of a Task Force on Port Policing and Civil Rights. The
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Task Force will include two Port of Seattle Commissioners, appointed by the Commission
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President, who will oversee and help guide this assessment. The Commission President shall also
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appoint two Task Force co-chairs.
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3) The Task Force will develop and implement the approach, methodology, scope of work, and
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timeline for the assessment. It will also develop recommendations for action, and will report
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back to the full Commission on a regular basis. In addition to the two Commissioners, the Task
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Force will be composed of:
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a. Representatives from the Port’s Blacks in Government employee resource group, the
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Office of Equity, Diversity and Inclusion, Port Police, Legal, Human Resources, Labor
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Relations, and other Port corporate and business divisions and employee resource
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groups; and
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b. External representatives such as community leaders, civil rights advocates, union
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representatives, members of the Civil Service Commission, and/or experts on criminal
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justice and law enforcement.
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c. The Task Force will also be responsible for procuring the services of a consultant, if
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needed, to provide process facilitation, additional subject matter expertise and/or
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written report development. Sufficient funds reserved for this purpose shall be included
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in the Port’s 2020, 2021 and 2022 budgets.
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4) The Task Force shall have the authority to review any existing Port data and documentation,
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including police after-action reports, use of force reports, demographic data and any other
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information necessary – within legal limits, appropriate confidentiality, and privacy laws – to
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effectively and comprehensively conduct the assessment. In addition, the Task Force shall
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collect and review existing research, data, and best practices from similar assessments and
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reports completed throughout the country, as well as remain coordinated with current local and
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state efforts in order to maximize efficiency and alignment. Through the collection and analysis
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of this data, the Task Force shall establish key metrics for evaluation of success for this process,
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and metrics for measurement of progress toward any resulting recommendations.
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5) In developing a scope of work, the Task Force shall review all relevant issues, including but not
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be limited to:
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a. Diversity in Recruitment and Hiring: The assessment should include how potential
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officers are vetted during the testing and hiring process, including how an officer’s
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background is reviewed and evaluated as well as how an applicant’s physical, mental,
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and emotional fit for the Port of Seattle Police Department is assessed. Building on the
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Executive Director’s executive action that would “disqualify applicants based on
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substantiated instances of excessive use of force or racial discrimination.” The
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assessment should more clearly define how these instances would be identified and the
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types of misconduct that would be prohibited. It shall also assess the diversity of the
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Port of Seattle Police Department in terms of demographics and other aspects such as
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languages spoken, and identify what additional efforts can be made to increase diversity
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in each of those areas. Areas of exploration may include increased outreach during the
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recruitment process, internships and youth training opportunities, community-focused
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hiring programs or incentives, changes to the use of lateral postings for frontline
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officers, hiring panel diversity, and removal of disqualifications that disproportionately
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impact people of color.
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b. Training and Development: The assessment should include a comprehensive review of
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the police training curriculum, including whether existing training promotes a “guardian
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mentality” approach to policing as well as what training is provided to officers as
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alternative or intermediate approaches to avoid excessive use of force. In addition, the
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assessment should review whether officers are developed and advanced throughout the
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organization in a way that ensures equitable outcomes for officers of color; the
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assessment should identify whether barriers to advancement exist for officers of color
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and recommend ways to overcome those barriers. The assessment should also
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review current community engagement activities by the Port of Seattle Police
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Department in communities of color and economically distressed zip codes.
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c. Equity: The assessment should identify what protocols and oversight are in place to
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ensure all officers – in particular, Black officers, other officers of color and other
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underrepresented demographics in the police force – are treated respectfully, equally,
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and equitably. The assessment should determine what protocols are in place for police
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employees to identify and report any mistreatment experienced or observed that are
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contrary to the Port’s high standards expected of law enforcement, without fear of
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retaliation or reprisal.
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d. Use-of-Force: The assessment should include a review of protocols governing use-of-
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force. The assessment should consider whether additional prohibitions on potentially
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lethal restraint techniques are needed, as well as whether changes are needed to Police
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policies, practices or protocols regarding the use of weapons and tactics used to manage
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and disperse crowds and/or respond to crisis situations. As referenced above, the Task
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Force should look at how training can provide officers with alternatives to these tactics,
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in order to ensure officers have options to address difficult situations in productive
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ways.
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e. Oversight and Accountability: The assessment should look at how complaints by
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members of the public or other Port employees are handled; in particular, the
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assessment should look at how civilians are able to submit complaints, and how those
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complaint mechanisms are publicized. The assessment should also include a review of
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internal reporting mechanisms for police officers who want to report alleged
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misconduct of other officers – including racially-motivated misconduct – without fear of
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reprisal or retaliation. In addition, the assessment should review whether additional
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Commission, Port leadership and/or external oversight is needed to facilitate
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accountability and transparency to the community, including any recommendations for
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ongoing reporting of progress toward approved metrics and notifications to Commission
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and Executive leadership of relevant complaints and reports. Finally, the Task Force
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should review the Port Police disciplinary process and how civil lawsuits brought against
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a Port Police officer are considered during that process. The Task Force should consider
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how the Port Commission and Executive Director are made aware of such civil lawsuits,
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particularly where “qualified immunity” is invoked.
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f. Police Union Participation: The assessment should engage police union representatives
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in collaborative dialogue about how collective bargaining agreements properly balance
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officers’ rights with the ability to enforce a high standard of conduct and continued
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employment; how members of the Police Department are held accountable for
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violations; and whether the negotiated disciplinary process could be improved. The
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assessment should also identify any issues related to collective bargaining that have the
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potential to serve as, or create barriers to, progress on addressing systemic racial issues
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to the success of people of color in the Police Department.
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g. Budget, Roles and Equipment: The assessment should examine whether certain non-
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emergency situations could be better responded to by the deployment of non-
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uniformed officers, and whether investments in community-focused programs could
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decrease the prevalence of such situations. In addition, the assessment should review
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Port Police equipment and supplies used to conduct routine police work, including mass
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events and crowd management, and determine if any are excessive or unnecessary; in
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particular, the assessment should look at how military-grade equipment is procured and
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used, as well as the role of body cameras as a potential accountability measure for Port
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policing.
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h. Mutual Aid: The assessment should include an exploration of how and when Port Police
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engage in mutual aid, the protocols for that engagement to ensure alignment with Port
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values and policing policies, and the formal agreements in place to ensure compliance
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with Port standards when engaged in mutual aid. The assessment should also look at
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how the Port and partner agencies review these mutual aid agreements on a regular
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basis, as well as the risks and benefits of mutual aid in the various scenarios in which it is
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provided. Similarly, the Task Force should review the scenarios in which the Port calls
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for mutual aid from other jurisdictions, what accountability measures are in place during
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those mutual aid situations, and how Port Police protocols are enforced during those
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instances.
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i. Advocacy: The assessment should include a review of potential state and federal
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legislation and reforms, such as changes to federal “qualified immunity” provisions or
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the creation of state or federal misconduct tracking databases, for the Port to include in
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its advocacy efforts.
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6) By no later than October 31, 2020, the Task Force shall submit its first report on progress and
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any recommendations for immediate actions to the Commission and the Executive Director. By
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no later than July 31, 2021, the Task Force will submit a final report and final recommendations
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to the Commission and the Executive Director. As recommendations are developed, the Task
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Force co-chairs shall submit a report to the Executive Director and Commission who will review
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the report within 90 days of receipt. The Executive Director, Commission President, Task Force
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co-chairs, and Port Police will collaborate to respond to the recommendations within six (6)
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months.
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If, during the assessment, the Task Force recognizes the need to review additional policies, practices and
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protocols of the Police Department, the Commission empowers the Task Force to do so. Budgetary
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impacts of the Task Force’s recommendations should also be considered, and changes to the Port of
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Seattle Police Department budget should be prioritized to ensure sufficient resources are allocated to
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comply with any approved recommendations. The Port shall use the recommendations of the Task Force
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to create binding, long-term improvements – through Executive Director implementation, Commission
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action, or the collective bargaining process.
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STATEMENT IN SUPPORT OF THE MOTION
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The tragic killings of George Floyd, Breonna Taylor, Manuel Ellis, Rayshard Brooks and Ahmaud Arbery
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are only some of the most recent in a long history of unjust killings of Black Americans at the hands of
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police, reflecting a deeply disturbing pattern of systemic racism in our country that continues to severely
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impact our cities, communities and essential institutions.
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Over the past few weeks, hundreds of thousands across our nation gathered to protest, and continue to
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protest, the unjust death of George Floyd, and the tolerance of racism by our communities and
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institutions. The cruelty and callousness of these deaths is abhorrent to a just and civil society. Recent
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demonstrations organized by groups in our community and around the country and world have offered
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people an opportunity to share their pain, heal, organize, and demand immediate action for broad social
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change, and to end systemic racism in policing and beyond.
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Black Lives Matter and the nation are calling for an end to racial injustice, police brutality, killings and
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dehumanizing of Black Americans, and major reform of policing in the United States. There is a clear
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demand for an end to these issues, and immediate, deliberate action with sustained resolve.
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The Port of Seattle relies on a diverse and inclusive workforce to accomplish our work for a better
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future. Respect for one another is a Port core value. The Port must therefore take responsibility by doing
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its part to respond to the call of history at this seminal moment.
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In light of the national movement to reexamine policing within our communities and in accordance with
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the Port’s Century Agenda goal to “Become a Model for Equity, Diversity, and Inclusion,” a review of the
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policies, practices and oversight of the Port of Seattle Police Department is fully appropriate. On July 14,
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2020, the Port of Seattle Commission will vote to direct a comprehensive assessment of the Port of
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Seattle Police Department’s policies, protocols and procedures impacting issues of diversity, equity and
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civil rights, in order to develop recommendations for action. In addition, the Commission will authorize
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the creation of a Commission Task Force on Port Policing and Civil Rights. Based on the work of the Task
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Force, the Port will issue a set of recommendations and a plan for ensuring that the work of the Port
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Police is transparent and accountable to community members and is fostering safe, healthy
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communities.
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On June 23, 2020, Executive Director Metruck announced publicly that he would use his authority to
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direct the Acting Port of Seattle Police Chief to take immediate actions on this topic, including an
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immediate ban on use of vascular and airway neck restraints; mandates related to diversity on police
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hiring evaluation panels; disqualifications of police officer applicants based on a substantiated finding of
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the use of excessive force against a member of the public, or a substantiated finding of racial
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discrimination against another employee; requirements for de-escalation, “bystander’’ intervention and
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anti-discrimination training and other items.
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The embrace of reforms in police departments around the country has shown how adapting policies
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based on values of civil society, social justice, and the best available science can reduce the incidence of
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violence in encounters between members of the community and police. It must be stated that the Port
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of Seattle Police have not been implicated in the kinds of tragic events that are the focus of local and
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nationwide protests. Despite that record of strong public service to the community, the work of the Task
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Force remains urgent and necessary, and will broadly benefit the Port, the communities we serve, and
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users of Port facilities.
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