MYNORTHWEST NEWS

Federal judge cautions council to be ‘mindful’ of consent decree ahead of SPD funding vote

Aug 9, 2020, 8:00 AM | Updated: 12:42 pm

police, Judge Robart...

Police block a road during protests near the Seattle Police East Precinct on July 26, 2020 in Seattle, Washington. (Photo by David Ryder/Getty Images)

(Photo by David Ryder/Getty Images)

With Seattle councilmembers set to vote on a sweeping package of cuts to the police department’s budget on Monday, a federal judge is cautioning the city about the possible legal ramifications.

Hundreds of supporters attend pro-police rally in Seattle

Seattle council committee OKs SPD layoffs, cuts to Nav Team, more

Operating under an ongoing federal consent decree since 2012, the city has a legal obligation to ensure that any large scale changes to police policy garner the approval of a federal monitor, as well as U.S. District Judge James Robart, who oversees the decree at the judicial level.

The consent decree has already come into play in recent weeks, after Judge Robart granted a temporary pause on a ban on the use, storage, and purchase of crowd control weapons, originally passed unanimously by Seattle City Council. Robart had cited concerns that the ban was approved without weighing its compliance with the consent decree.

Now, the council is considering cuts to SPD’s mounted unit, mounted patrol officers, school resource officers, community outreach, the public affairs unit, Harbor Patrol, SWAT, and more. With a vote scheduled for Monday, Robart issued a word of warning during a recent extension of his pause on the crowd control control weapon ban.

“Legislation passed by the City Council may impact the City of Seattle’s obligations under the Consent Decree,” the ruling reads. “As such … the court encourages the City of Seattle to remain mindful of its Consent Decree obligations and to work in tandem with the court, the Monitor, the Government, and other appropriate stakeholders to achieve Consent Decree compliance.”

Durkan, Best decry council proposal to begin SPD layoffs in November

As SCC Insight’s Kevin Schofield notes, requirements laid out for police reform in the consent decree can be changed, but it would necessitate a negotiating process with the U.S. Department of Justice, and requires final approval from Judge Robart. This point, though, there’s no framework in the council’s current package of cuts which incorporates the consent decree. If approved, that could see the proposal challenged in court in the days ahead.

Seattle’s council budget committee will vote on its package of amendments to SPD’s remaining 2020 funding during Monday’s 10 a.m. session, ahead of a full council vote during a 2 p.m. session later that day.

MyNorthwest News

Everett apartment shooting...

MyNorthwest Staff

1 killed, 1 injured in shooting at south Everett apartment complex

The Snohomish County Sheriff's Office is searching for a suspect after two people were shot in a parking lot in south Everett.

3 hours ago

Seattle Public Schools...

KIRO 7 News Staff

Seattle Public Schools considers mergers as enrollment declines

Seattle Public Schools is considering school mergers as the district deals with declining enrollment and differences in learning conditions across its schools.

3 hours ago

US 2 Crash Monroe...

MyNorthwest Staff

US 2 blocked in both directions near Monroe after multi-vehicle collision

An early morning headache for drivers near Monroe. WSDOT says all lanes of US 2 are blocked in both directions near Monroe after a collision involving multiple vehicles.

3 hours ago

fish passage project...

Chris Sullivan

Massive fish passage project under I-90 in Factoria nearing its end

Eastbound I-90 drivers are close to getting their HOV lane back in Factoria. The fish passage project under the freeway is in its final months.

4 hours ago

oak harbor...

Lexi Herda, KIRO 7 News

Oak Harbor High School student trapped under car after being hit in marked crosswalk

An Oak Harbor High School student was rushed to the hospital after they were hit by a car and became trapped underneath the vehicle.

15 hours ago

3 - Tacoma Narrows Bridge...

KIRO 7 News Staff

Expect long PM commutes until further notice on the Tacoma Narrows Bridge

Drivers who use the Tacoma Narrows Bridge (SR 16) to Gig Harbor should expect longer nighttime commutes due to construction work.

16 hours ago

Federal judge cautions council to be ‘mindful’ of consent decree ahead of SPD funding vote