Mayor forms big-name panel to scrutinize police oversight

Confronted with growing complaints about police misconduct, Seattle Mayor Greg Nickels announced Friday the formation of a panel of prominent citizens to review the handling of internal investigations in the Police Department and the performance of Chief Gil Kerlikowske.

Nickels asked the 11-member panel, which will hold its first meeting in August, to report to him in November.

At the same time, City Council President Nick Licata continued to assemble his own advisory group to look into police accountability, setting up a potential clash between the mayor and Licata over what changes may be required.

"The time is right for a thorough and comprehensive review," Nickels said at a City Hall news conference. "It's time to take another look into how the Police Department polices itself."

The mayor's action comes eight years after the city created the civilian-led Office of Professional Accountability (OPA) within the Police Department to address concerns about breakdowns in internal investigations.

Questions have arisen since then about whether Kerlikowske, who has final say on discipline, has improperly exonerated officers or reduced punishment after investigations by the OPA.

Nickels said he formed the panel, which includes former Gov. Gary Locke and former Seattle Mayor Norm Rice, partly because the chief's credibility had been challenged.

"One of the questions that will be looked at is, what is the role of the chief in the accountability system?" Nickels said.

The mayor said he also wanted the panel to examine OPA's structure and how it operates.

Tough moment for chief

Kerlikowske said the review represented a tough moment for him, but he welcomed the scrutiny.

"One of the things that's most important to me is certainly the trust of the Police Department," the chief said. "We're not going to be trusted if there is this continuing swirl over the accountability system."

Kerlikowske reiterated that he was confident in the disciplinary decisions he has made in his seven years as chief, but acknowledged he could have made mistakes.

"I am a fallible human being," Kerlikowske said.

Nickels' action followed last week's leak of a report compiled by the Office of Professional Accountability Review Board, a citizen review board that monitors OPA. The report accused Kerlikowske of improperly intervening in the internal investigation of a controversial drug arrest in January. The chief cleared two officers of allegations that they used excessive force and planted drugs, despite a videotape showing they did not provide a complete account of the arrest.

Nickels said publicity about the report prompted his decision to form the panel, as did subsequent news accounts about a violent arrest in 2005 outside a Capitol Hill bar.

Kerlikowske exonerated two officers in that case, and the department claimed a 180-day deadline passed that prevented the chief from disciplining a sergeant.

Shortly after Nickels' news conference, Sam Pailca, who headed OPA until last March, issued a written statement in which she said Kerlikowske and Nickels must be held accountable.

"The practice of civilian oversight has matured significantly even in the past few years, and Seattle can draw from that experience to make its system stronger," she said.

"But no structural changes will substitute for strong leadership and vocal and visible support from elected and appointed officials," Pailca added. "I hope this panel's charge includes taking a hard look at the role of the administration that empaneled it."

Blue-ribbon commission

Among those appointed to the new panel were Seattle attorneys Jenny Durkan and Mike McKay, members of the 1999 blue-ribbon commission that recommended that then-Mayor Paul Schell create the OPA.

That commission was formed before Kerlikowske was chief. Schell created it following allegations that some in the department ignored a detective's alleged theft of $10,000 from a crime scene.

The commission recommended that when a chief disagrees with the OPA director, the reasons should be put in writing.

But the proposal was not included in the 1999 City Council ordinance creating OPA, and Kerlikowske has resisted the idea, saying he might have to reveal highly personal information about the officers.

Kerlikowske and Nickels both said Friday that they were open to changes suggested by the new panel, but didn't specify what they might accept.

"I will certainly take their recommendations very seriously, but I will need to make my own decisions," Nickels said.

He said some changes might require collective bargaining with the police union.

Nickels spurned an invitation from Licata on Thursday to join the council president in setting up an advisory group that would report to the council on police accountability.

"Councilmember Licata has shown he has a particular agenda on the issue," the mayor said.

The City Council's central staff will work with the mayor's panel, Nickels said at the conference, which was attended by council members Jean Godden and David Della.

Licata, who chairs the public-safety committee, couldn't be reached to explain why two groups are needed to review the oversight process.

On Friday, he recruited people to join his advisory group, but did not provide names of those who agreed to join.

Godden and council member Richard McIver said two separate groups reviewing police accountability is a good idea.

"Until there is sufficient restoration in public confidence, I don't think there can ever be enough review," Godden said.

Council members Richard Conlin and Peter Steinbrueck disagreed. "I don't think we need to duplicate efforts," Steinbrueck said. "I would urge the council and mayor to work together."

Union has concerns

Sgt. Rich O'Neill, president of the Seattle Police Officers' Guild, called the mayor's panel "impressive" but noted that no members had a police background. The union is negotiating a new contract, and it's possible one will be signed by November.

"I have no problem with a review of the accountability system," O'Neill said. "This panel has some distinguished professionals and they will know that any significant changes to the discipline system will have to be bargained with the union."

The panel includes Bob Boruchowitz, former longtime director of the largest and oldest of King County's public-defense agencies; Hubert Locke, former dean of the public-affairs school at the University of Washington; and Terrence Carroll, a former King County Superior Court judge and Seattle police auditor who served on Schell's blue-ribbon commission.

It was not clear who will lead the panel.

"The panel's work will be open to the public and it will actively seek input from the community," Nickels said. "I've asked the panel to get input from outside experts as well."

The panel will not review individual internal investigations, according to the mayor's office, because of restrictions in the municipal code and collective-bargaining agreements with the police union.

Nickels last week asked the new OPA director, Kathryn Olson, to review the chief's role in the internal investigation of the January drug arrest, as well as the leaked report written by the Office of Professional Accountability Review Board.

On Monday, the review board is expected to release to the City Council a revised version of its report on the arrest. That report is expected to include additional information on 11 cases in which Kerlikowske disagreed with OPA findings.

Staff reporter Mike Carter contributed to this report. Steve Miletich: 206-464-3302 or smiletich@seattletimes.com

Sharon Pian Chan: 206-464-2958 or schan@seattletimes.com