2012 Consent Decree

Summary

The Department of Justice’s (DOJ) 2011 investigation into the use of excessive force, particularly against people of color, by the Seattle Police Department (SPD) was at the request of 35 community organizations. Example after example of incidents such as the killing of First Nations wood carver John T. Williams raised significant concerns. Numerous media stories/coverage, as well as four separate Office of Professional Accountability Civilian Auditor’s Reports highlighted the extent of the resulting damage. 

In 2012 the City and the DOJ entered into a settlement agreement, also known as a Consent Decree, where the City remains under federal oversight until implementing changes that address SPD’s structural problems. The Consent Decree will be satisfied when the SPD has maintained the requirements of the decree for 2 years. Nearly a decade later in 2021, SPD remains under the Consent Decree. Despite policy changes, monitoring, and improvement on certain metrics, the question of whether the department is in compliance with the Consent Decree remains open. The reaction of SPD to last summer’s protests against police brutality raises questions as to whether the process has done its job in effecting systemic change as asked for by those most directly impacted by biased policing.

Importance

A broad coalition of community groups advocated together to raise awareness of problems and effect structural change in the Seattle Police Department. Over a decade later, it remains to be seen whether the concerns of the community will be addressed satisfactorily through the Consent Decree process. The Mayor, City Council and City Attorney all play a role in how the City will navigate this complicated process moving forward and whose voices will be centered.


More Details

The 2012 settlement agreement, or Consent Decree, between the United States of America and the City of Seattle initiated a complicated process “with the goal of ensuring that police services are delivered to the people of Seattle in a manner that fully complies with the Constitution and laws of the United States, effectively ensures public and officer safety, and promotes public confidence in the Seattle Police Department and its officers.”

Key players in the Consent Decree process:

  • United States of America Department of Justice (DOJ) is the Consent Decree plaintiff seeking a legal remedy to unconstitutional policing in Seattle.

  • City of Seattle is the Consent Decree defendant working on a legal remedy to unconstitutional policing in Seattle.

  • Seattle Police Department is the City department needing to implement required improvements and corrections to their policies, practices, and training in pursuit of the Consent Decree’s stated goal.

  • Community Police Commission (CPC) is the body established by the Consent Decree “to leverage the ideas, talent, experience, and expertise of the community.” The Consent Decree required its membership be representative of the many and diverse communities of Seattle, including members from each City precinct, police officer guilds, faith communities, minority, ethnic and other community organizations, and student or youth organizations.

  • Court Monitor is jointly selected by the United States and City of Seattle to oversee the implementation of the Consent Decree and advise on the Memorandum of Understanding (MOU), a contract listing requirements the City had to meet to be in compliance with the Consent Decree.

  • Judge James L. Robart is the U.S. District Judge overseeing the Consent Decree between City of Seattle and the United States DOJ.

Highlights in Consent Decree history (see ACLU-WA’s resource for full timeline through June 2020):

  • July 2012 - United States and Seattle enter settlement agreement, or Consent Decree

  • January 2013 - Mayor appoints 15 individuals to the CPC created by the Consent Decree to “promote greater transparency and public understanding of the Seattle Police Department” and charged with reviewing the police accountability system and making any necessary recommendations.

  • May 2017 - City Council unanimously passes a Police Accountability Ordinance that creates an integrated system of community input and civilian oversight through a new Office of Inspector General (OIG), a strengthened Office of Police Accountability (OPA), and a permanent Community Police Commission (CPC)

  • June 2017 - Charleena Lyles killed by SPD officers

  • Sept 2017 - City asks Judge Robart to find it in compliance with the Consent Decree and start the two-year sustainment period

  • Nov 2017 - SPD’s Force Review Board unanimously finds the fatal shooting of Charleena Lyles to be reasonable, proportional, and within SPD policy

  • Jan 2018 - Court grants the City’s motion to start the clock on the two-year sustainment period

    • Judge Robart notes progress on Consent Decree hinges on collective bargaining and its impacts on the accountability ordinance

  • Oct 2018 - City Council introduces legislation to ratify a new contract with the Seattle Police Officers Guild (SPOG) proposed by the Mayor

    • CPC votes unanimously urging City Council to reject the SPOG contract because of concerns that several provisions roll back reforms contained in the 2017 Police Accountability Ordinance

  • Nov 2018 - SPOG Contract approved 8-1 by City Council and signed by Mayor despite community organizations and CPC’s opposition

  • Dec 2018 - Judge Robart orders City and DOJ to address whether the SPOG contract’s conflicts with the Police Accountability Ordinance caused Seattle to fall out of compliance with the Consent Decree

  • May 2019 - Judge Robart rules the City has fallen out of full and effective compliance in the area of discipline and accountability

    • City ordered to submit a proposal by July 2019 for how to regain compliance

  • Dec 2019 - Huge turnout by community members at a public hearing on the next SPOG contract - nearly all testimony supports fixing the contract with regards to the Police Accountability Ordinance

  • May 2020 - City files a motion to terminate independent monitoring of progress on reforms despite not yet presenting a plan to regain compliance in the area of discipline and accountability

  • June 2020 - After protests against police brutality break out in response to the killing of George Floyd in Minneapolis, the City withdraws its motion to terminate independent monitoring of compliance with the Consent Decree

Current status of Consent Decree:

  • City remains out of compliance with Consent Decree in the area of discipline and accountability

  • City has missed numerous deadlines (originally July 2019) to submit a plan for returning to compliance

  • After serving 7 years, Court Monitor Merrick Bobb steps down in September 2020 and is replaced by Harvard professor Antonio Oftelie

 

Acronyms

CPC - Community Police Commission

DOJ - Department of Justice

MOU - Memorandum of Understanding

OIG - Office of Inspector General

OPA - Office of Police Accountability

SPD - Seattle Police Department

SPOG - Seattle Police Officers Guild