Template revised January 10, 2019.
COMMISSION
AGENDA MEMORANDUM
Item No.
8m
ACTION ITEM
Date of Meeting
December 10, 2024
DATE: November 22, 2024
TO: Stephen P. Metruck, Executive Director
FROM: Mark Thomas, Deputy Chief of Police
SUBJECT: SeaTac Municipal Court and Public Defender Funding 2025-2026
Amount of this request:
$1,800,000
Total estimated project cost:
$4,125,000
ACTION REQUESTED
Commission authorized additional funding that includes the renewal two years (2025-2026) of
the Sea-Tac Municipal Court Services and Public Defender ILA. The contract authorized an
automatic renewal for the next two years (2025-2026), so we are seeking authorization for
funding through the remainder of this contract set to expire December 31, 2026. Funding for
2025 is already included in the Police budget, and for 2026 will be included in our regular yearly
budget request.
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. This includes
misdemeanor cases and civil infractions at the airport. Services provided by SeaTac include
judicial officers, court staff, probation services, performance reports, prosecutions services, and
domestic violence advocates.
ILA terms include a requirement for us to independently contract for public defender services.
The law firm Stewart, Nichols, Harmell, Inc. was hired by the port to fulfill the Public Defender
portion of the ILA.
In November 2023, $825,000 of additional funding was approved by the commission.
The ILA terms included an automatic renewal for two years unless there was notice by one of the
parties six months before it expired. The ILA automatically renewed in July and is now set to
expire December 31, 2026.
COMMISSION AGENDA – Action Item No. 8m Page 2 of 6
Meeting Date: December 10, 2024
Template revised June 27, 2019 (Diversity in Contracting).
We are requesting additional authorized funding of $1,800,000 to take us through the end of the
renewal years of 2025-2026. The costs for the court services and public defender have been in
the police department’s annual budget every year starting in 2022, including 2025.
Approvals, yearly costs, and projected future expenditures are as follows:
FUNDING
2021
Initial
Approval
2023
Approval
Request
TOTAL
SeaTac
Municipal
Court
$1,200,000
$475,000
$3,125,000
Public
Defender
$300,000
$350,000
$1,000,000
Total
$1,500,000
$825,000
$4,125,000
EXPENDITURES
2021
2022
2023
2024
(estimated)
2025
(estimated)
2026
(estimated)
Total
SeaTac Municipal
Court
Expenditures
$3,091
$403,513
$329,301
$729,095
$780,000
$860,000
$3,105,000
Public Defender
Expenditures
$7,695
$99,015
$212,800
$190,490
$240,000
$270,000
$1,020,000
Total
$10, 786
$502,528
$542,101
$919,585
$1,020,000
$1,130,000
$4,125,000
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. Booking restrictions
have eased somewhat but have not been reversed to pre-COVID booking guidelines. An ILA was
approved and executed with the South Correctional Entity (SCORE) to book suspects from the
airport. 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 budget are $210,000, and $240,000 for 2025. The
ILA with SeaTac requires the port to independently contract for Public Defender services. 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
COMMISSION AGENDA – Action Item No. 8m Page 3 of 6
Meeting Date: December 10, 2024
Template revised June 27, 2019 (Diversity in Contracting).
Services, Claims and Other Representation. Costs exceeding the budgeted amounts in 2024-2026
will be absorbed in the POSPD budget.
Costs for SeaTac Municipal Court services have continued to rise each year. The number of cases
we have sent to the court have been higher than anticipated throughout the contract period. Our
costs in 2024 have grown with our high caseloads and the introduction of body worn cameras
(which also creates additional work for the courts). SeaTac hired two additional administrative
employees to help with the caseload specific to our department
Funds for SeaTac Municipal Court in the 2024 budget are $400,000 and for 2025 are $421,000.
Costs exceeding the budgeted amounts in 2024 and 2025 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
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.
COMMISSION AGENDA – Action Item No. 8m Page 4 of 6
Meeting Date: December 10, 2024
Template revised June 27, 2019 (Diversity in Contracting).
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.
Safety and security of all those at the airport is our highest priority.
DETAILS
The ILA terms included an automatic renewal for two years unless there was notice by one of the
parties six months before it expired. The ILA automatically renewed in July 2024 and is now set
to expire December 31, 2026.
We are requesting additional authorized funding of $1,800,000 to take us through the end of the
renewal years of 2025-2026. The costs for the court services and public defender have been in
the police department’s annual budget every year starting in 2022, including 2025.
Scope of Work
Scope of work for which we are requesting additional funds is for SeaTac Municipal Court services
that include judicial officers, court staff, probation services, performance reports, prosecutions
services, and domestic violence advocates. The scope also includes an independent contract for
Public Defender services via Stewart MacNichols Harmell, Inc.
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.
COMMISSION AGENDA – Action Item No. 8m Page 5 of 6
Meeting Date: December 10, 2024
Template revised June 27, 2019 (Diversity in Contracting).
Alternative 1 – Use 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 $1,000,000/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
Cons:
(1) Cost of services
This is the recommended alternative.
FINANCIAL IMPLICATIONS
This request is for additional authorization for funds to continue using SeaTac Municipal Court
and public defender services. We are requesting authorization to spend an additional $1,800,000
to fulfill our current ILA, which renewed for two additional years in July 2024 and now expires
December 31, 2026.
COMMISSION AGENDA – Action Item No. 8m Page 6 of 6
Meeting Date: December 10, 2024
Template revised June 27, 2019 (Diversity in Contracting).
Cost Estimate
/Authorization Summary
Capital
Expense
Additional Request
AUTHORIZATION
Current request for authorization
SeaTac Municipal Court
$1,450,000
Public Defender
$350,000
Total authorizations, including this request
$0
$4,125,000
Remaining amount to be authorized
$0
Annual Budget Status and Source of Funds
The funds for the services have been approved in the police department’s 2025 budget. The
police department will request funds be included for 2026 in the police department’s regular
budget process.
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
November 21, 2023 – The Commission authorized $825,000 of additional funds for the
Interlocal Agreement Between the Port of Seattle and the City of SeaTac for the Provision
of Municipal Court and Prosecutorial Services, and for Public Defender Services
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 and authorized $1,500,000 that included public defender services