Template revised January 10, 2019.
COMMISSION
AGENDA MEMORANDUM
Item No.
8d
ACTION ITEM
Date of Meeting
November 21, 2023
DATE: November 2, 2023
TO: Stephen P. Metruck, Executive Director
FROM: Thomas Bailey, Police Commander
SUBJECT: SeaTac Municipal Court and Public Defender Funding
Amount of this request:
$ 0
Total estimated project cost:
$ 2,325,000
ACTION REQUESTED
Request Commission authorization for additional costs for services provided by SeaTac Municipal
Court and the Public Defender, which were approved in the three-year interlocal agreement
approved September 28, 2021.
EXECUTIVE SUMMARY
In September of 2021, the Port of Seattle Commission approved $1.5 million for a three-year
interlocal agreement for court services provided by SeaTac Municipal Court. The original
commission approval included Public Defender Services, estimated at $300,000. The law firm
Stewart, Nichols, Harmell, Inc. was hired to fulfill the Public Defender portion of the ILA. Initial
approvals, yearly costs, and projected future expenditures are as follows:
Initial
approval
2021
2023
2024
(projected)
TOTAL
Additional
fund
requested
SeaTac
Municipal
Court
$1,200,000
$3,091
$493,396
(projected)
$775,000
$1,675,000
$475,000
Public
Defender
$300,000
$7,695
$168,000
(YTD) /
$245,000
(projected)
$292,305
$650,000
$350,000
$1,500,000
2,325,000
$825,000
COMMISSION AGENDA – Action Item No. 8d Page 2 of 5
Meeting Date: November 21, 2023
Template revised June 27, 2019 (Diversity in Contracting).
BACKGROUND
The ILA was necessary, as booking arrestees at King County Jail was no longer an option due to
booking restrictions, which were enacted during the COVID-19 pandemic and have not been
reversed to pre-COVID booking guidelines. An ILA was approved and executed with the South
Correctional Entity (SCORE). To book at SCORE, however, we had to find court services that were
cohesive with SCORE. The City of SeaTac had an existing relationship with SCORE, and once both
ILAs were approved, the Port of Seattle Police Department could provide enhanced protection to
our community.
The Port hired public defender law firm Stewart MacNichols Harmell, Inc.to represent defendants
when a prosecution occurs.
Funds for Public Defender services in the 2024 preliminary budget are $210,000, and for 2023
the budget was $150,000. Public Defender services are not part of the ILA with SeaTac. Under
the Delegation of Authority (dated June 13, 2017), the legal department has the authority to
execute a contract for public defender services for the police department under Section 9. Legal
Services, Claims and Other Representation. Costs exceeding the budgeted amounts in 2023 and
2024 will be absorbed in the POSPD budget.
Additionally, of the $1.5 million original approval, $1.2 million was estimated for SeaTac
Municipal Court Services over the three-year ILA. Cases presented to the court, however, have
been higher than anticipated and we expect total expenses since 2021 to reach close to $900,000
by the end of 2023. After discussions with SeaTac Court, we expect our costs to rise considerably
in 2024 with our high caseloads and the introduction of body worn cameras (which also creates
additional work for the courts). SeaTac is hiring two additional administrative employees to help
with the caseload specific to our department
Funds for SeaTac Municipal Court in the 2024 preliminary budget are $400,000 and for 2023
was $400,000. Costs exceeding the budgeted amounts in 2023 and 2024 budgets will be
absorbed in the POSPD budget.
JUSTIFICATION
The Interlocal Agreement continues to support the Century Agenda goals:
1. Goal 2, objective 3: Continuously improve the operational efficiency and customer
experience at SEA.
2. Goal 6, Objective 16: Advance the Port’s dedication to employee safety.
3. Goal 6, Objective 18: Partner and engage with external stakeholders to build healthy, safe,
and equitable communities.
When the Port of Seattle Police Department initially requested approval for the ILA with SeaTac
Municipal Court, The Port of Seattle adjudicated misdemeanor cases and infractions utilizing the
King County Prosecuting Attorney’s Office (KCPAO) and King County District Court. By state
COMMISSION AGENDA – Action Item No. 8d Page 3 of 5
Meeting Date: November 21, 2023
Template revised June 27, 2019 (Diversity in Contracting).
statute, we can adjudicate misdemeanor and civil infraction cases through the county court
system or may do so through a municipal court where the offense occurred. The King County
Prosecutor’s Office continued to decrease the number of cases they would file due to decreased
capacity and prioritization of violent crimes over property and disorder-related crimes. Most
crimes committed at SEA properties are property crimes, such as thefts, or disorder crimes such
as trespassing. In 2019, pre-COVID, only 48% of cases referred to KCPAO were filed. In 2020, only
21% of cases were filed. As of June 30, 2021, 199 cases were referred to the KCPAO. Only 26
cases, 13%, were filed.
For additional context, the below stats compare SeaTac Municipal Court filings and declines and
show the large increase in cases charged between 2022 and 2023 year-to-date.
In 2022, there were 495 referrals with 44 declines. So far in 2023, there have been 567 referrals
and 44 declines. Comparing similar periods (January through September), there were 344
referrals with 33 declines in 2022. This represents a 40% increase in referrals from 2022 to 2023.
Lastly, declines represent 7.7% of referred cases, compared to an 87% decline rate by King County
in 2021.
Additionally, when referring in-custody cases to KCPAO we were required to book the defendant
into the King County Jail. Due to King County Jail policy changes enacted during 2020 and 2021,
we were severely limited in when we could book an in-custody arrest. Therefore, many offenders
at SEA are arrested, escorted off property, released, and returned soon thereafter to the airport.
Some offenders have over 40, 50 or even 60 trespass admonishments. Some have returned after
leaving and have committed more serious crimes.
An interlocal agreement with SeaTac Municipal Court enabled the Police Department to refer
misdemeanor cases for prosecutorial and court services and will enable the department to book
in-custody arrests into South Correctional Entity (SCORE).
SeaTac contracts with SCORE. The Commission approved a contract with SCORE in 2020. Unlike
King County Jail, SCORE will accept and then hold most defendants until their first appearance,
and officers will not have to release arrestees where they can walk right back onto Port
properties. Since we contract with SeaTac for court services, we must also pay for defense
attorney services. Those costs have increased by $100 per case to $400 and in the frequency of
use with increased arrests at SEA.
Safety and security of all those at the airport is our highest priority. This recommendation aligns
with, and compliments strategies being implemented by SEA Cares and is thus supported by the
Steering Committee and Aviation Director Lance Lyttle.
COMMISSION AGENDA – Action Item No. 8d Page 4 of 5
Meeting Date: November 21, 2023
Template revised June 27, 2019 (Diversity in Contracting).
DETAILS
Due to higher costs and usage of public defender services, we request authorization of an
additional $825,000 to get us through the remainder of our ILA with SeaTac Municipal Court and
Public Defender services.
Scope of Work
Scope of work for which we are requesting additional funds is for Public Defender services via
Stewart MacNichols Harmell, Inc, and court/ prosecution services from SeaTac Municipal Court.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
The alternative is to resume filing cases at the King County Prosecuting Attorney’s Office and
utilize the King County Public Defender’s Office. This alternative is not recommended as we
would no longer be able to book individuals at SCORE jail, and we would have no options for
booking repeat offenders at SEA, as King County Jail booking restrictions continue to be in effect.
This option does not further the Century Agenda and Aviation Division Goals regarding customer
experience and public safety.
Alternative 1 – Continue utilizing King County Prosecuting Attorney’s Office
Cost Implications: There is no budgetary cost to this alternative.
Pros:
(1) No cost
Cons:
(1) Low rate of prosecution
(2) Limited ability to book in-custody and repeat offenders
(3) Less officer productivity as they continue to respond to repeat offenders
(4) Higher rate of criminal activity at SEA properties
(5) Decreased Customer Experience
(6) Decreased safety at SEA
This is not the recommended alternative.
Alternative 2 – Continue ILA with SeaTac for prosecutorial, public defender, and court services
Cost Implications: Approximate average $775,000/year for services.
Pros:
(1) Ability to maintain higher rate of prosecution
(2) Ability to book in-custody misdemeanor offenders into SCORE
(3) Reduction of repeat offenses from the same offenders
(4) Increase in officer productivity
(5) Improved customer experience at SEA
(6) Improved public safety at SEA
COMMISSION AGENDA – Action Item No. 8d Page 5 of 5
Meeting Date: November 21, 2023
Template revised June 27, 2019 (Diversity in Contracting).
Cons:
(1) Cost of services
This is the recommended alternative.
FINANCIAL IMPLICATIONS
As this request is only for additional funds for public defender services, we are requesting
authorization to spend an additional $825,000 to fulfill our current ILA, which expires September
2024.
In 2024, the Public Defender budget has been increased to $210,000 to account for the increased
arrests. If additional costs are accrued, the department will absorb the increase.
Cost Estimate/Authorization Summary
Capital
Expense
Additional Request
AUTHORIZATION
Current request for authorization
SeaTac Municipal Court
$1,200,000
$475,000
Public Defender
$300,000
$350,000
Total authorizations, including this request
$0
$1,500,000
$825,000
Remaining amount to be authorized
$0
$825,000
Annual Budget Status and Source of Funds
The funds for the services have been approved or will be absorbed in the 2024 budget.
ATTACHMENTS TO THIS REQUEST
(1) Interlocal Agreement Between the Port of Seattle and the City of SeaTac for the
Provision of Municipal Court and Prosecutorial Services
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
September 28, 2021 – The Commission authorized an Interlocal Agreement Between the Port
of Seattle and the City of SeaTac for the Provision of Municipal Court and Prosecutorial
Services