MYNORTHWEST NEWS

Legislation to strengthen subpoena power of OPA, OIG passes Seattle City Council

Jan 4, 2021, 4:26 PM | Updated: 5:35 pm

crowd control weapons, seattle police, officer bicycle...

Police follow protesters as they move through the city during a Nov. 3, 2020 protest in Seattle.(Photo by David Ryder/Getty Images)

(Photo by David Ryder/Getty Images)

The Seattle City Council approved stronger subpoena powers for the city’s police oversight agencies in misconduct investigations.

On Monday, the council passed legislation from Seattle Mayor Jenny Durkan and Councilmember Lisa Herbold 8-0 that strengthens the Office of Police Accountability (OPA) and Office of Inspector General’s (OIG) power to subpoena those who may have been involved in or witnessed incidents of potential officer misconduct.

KIRO Radio’s Hanna Scott reports that the change clarifies subpoena powers for the OPA and OIG that were in doubt due to competing language in the city’s 2017 police accountability ordinance and SPD contracts. Both the OPA and OIG have the power to compel officers and others to testify and turn over evidence in misconduct investigations, but the new rules will give more teeth to the enforcement, as well as providing clarification and leverage.

According to a written release from the Mayor’s Office about the adopted legislation, OPA and OGI will also be able to seek a court order should someone fail to comply with a subpoena for an investigation.

“The legislation also codifies and makes clear that complainants and witnesses who may be subpoenaed have due process protections; this effort is intended to increase civilian compliance with subpoenas and mitigate any chilling effects of providing information that might later be used in separate proceedings,” as explained in the release.

The change is subject to bargaining with the police unions, and Mayor Durkan says passing this law gives the city better leverage on accountability measures during those upcoming contract talks.

“This legislation is critical to promoting public confidence in our police oversight entities and advancing police accountability, and it sets the City on better footing to pursue stronger accountability measures in our collective bargaining agenda for the next round of negotiations with SPOG. Ultimately, Olympia must pass critical reforms this session regarding police discipline and other key accountability components,” Mayor Durkan said in a written release. “This is real progress, and it represents strong collaboration between my office, the City Council, civil rights groups, and the accountability partners. I’m grateful to Councilmember Herbold’s partnership in our ongoing effort to advance and strengthen police accountability and oversight.”

The OPA and OIG operate alongside the Community Police Commission as the three governing bodies responsible for managing law enforcement oversight in Seattle, with the OPA leading investigations any time a complaint is filed against an officer.

The investigation process often includes witness interviews, but it’s been unclear whether witnesses are legally obligated to cooperate. With more well-defined subpoena powers, the OPA and OIG will be able to seek a court order if someone fails to comply (while affording witnesses standard due process protections typically given to anyone issued a subpoena).

Find more information on the adopted legislation here.

MyNorthwest News

shootout...

Tom Brock

North Seattle shootout leaves dozens of shell casings, hair-raising close call for woman in her apartment

People living in a north Seattle neighborhood survived a shootout Saturday morning, but their homes and cars were damaged in a flurry of gunfire.

16 hours ago

Everett...

KIRO 7 News Staff

Everett proposes a $766 million budget with a potential new sales tax

Everett’s proposed budget for next year does not cut services or staff, but it could include a new sales tax to fund public safety.

20 hours ago

Bellevue’s Cantina Monarca sets sights on Seattle waterfront debut in 2027...

Regan Gallo-Fenz

Bellevue’s Cantina Monarca sets sights on Seattle waterfront debut in 2027

From gourmet tacos to lobster enchiladas, Bellevue's Cantina Monarca is coming to Seattle.

1 day ago

Seahawks...

Luke Duecy

Seahawks vs. Chiefs: How the 12s can reclaim the world record for loudest stadium

Seattle Seahawks fans have a record to reclaim, and science offers a few clues about how to do it.

1 day ago

e-scooter...

Brittany Perry, KIRO 7 News

5-year-old hospitalized with life-threatening injuries in crash involving car, e-scooter

Two children were injured in a crash involving an e-scooter and a car on Friday afternoon, and one of those children is fighting for their life.

2 days ago

winco foods grocery store seattle renton opening...

MyNorthwest Staff

WinCo Foods recalls popular bread item distributed in WA

WinCo Foods has recalled a popular bread item due to an undeclared allergen.

2 days ago

Legislation to strengthen subpoena power of OPA, OIG passes Seattle City Council