King County deputies could face civilian oversight

A tentative labor agreement with King County sheriff's deputies would, for the first time, create a system of civilian oversight of misconduct investigations.

But two Metropolitan King County Council members who wrote a civilian-review ordinance two years ago say they may take the unusual step of voting against the contract, which they say provides less oversight than called for by their ordinance or the Sheriff's Blue Ribbon Panel.

King County Executive Ron Sims' office, which negotiated the contract, says it keeps the essence of the council's and blue ribbon panel's policies even though details differ.

Council Chair Julia Patterson, D-SeaTac, said she is unhappy the contract dropped a proposed citizens committee — which she called "the eyes and ears of the community" — and added language allowing mediation instead of investigation of some complaints of officer misconduct. She said the mediation process appears to create a loophole that could let some misbehaving officers avoid discipline.

The deputies union, the King County Police Officers' Guild, has been leery of oversight by civilians who they fear won't understand police work.

Councilmember Bob Ferguson, D-Seattle, said he was leaning against the contract.

"My initial reaction is it certainly does not fully meet our goals on oversight," he said. "The question is whether it's sufficient or adequate."

Ferguson said the civilian-review ordinance was adopted after extensive study of similar ordinances in other jurisdictions.

Sims' chief of staff, Kurt Triplett, said the labor agreement meets the council's goals. "We believe in effective and meaningful civilian oversight," Triplett said. "It's true it doesn't look exactly like the ordinance but we told them at the time it would be difficult to bargain it exactly like the ordinance. ... We focused on all the outcomes they wanted and we think we achieved them."

The County Council passed the civilian-review ordinance 6-0 in October 2006. The law hasn't been implemented because it deals with working conditions that are subject to collective bargaining with the deputies' union.

The tentative contract, overwhelmingly approved by sheriff's deputies and sergeants, would commit the county to repeal the ordinance. The County Council can approve or reject labor contracts but cannot change them.

"If they scrap it and start over," Triplett said, "the chances of doing worse is high."

The union has the right to ask for binding arbitration of a contract dispute.

The agreement already had raised eyebrows because it would give deputies a 5 percent raise in each of its five years, plus premiums of up to 10 percent for special assignments, length of service and education. Most county employees will receive pay increases of 1 percent next year after pay is deducted for 10 mandatory furlough days when most county offices will be shut down. Sheriff's deputies aren't subject to furloughs because they must patrol cities and unincorporated areas around the clock.

If the County Council approves the contract, it would cost the county's cash-strapped general fund $4.8 million in 2008 and $3.7 million in 2009.

Under the proposed contract:

• A new Office of Law Enforcement Oversight would monitor internal investigations and determine whether they were thorough and objective.

• The oversight office could make "statistical observations" on disciplinary decisions but would not be allowed to challenge decisions in specific cases.

• If a complainant, a deputy and the oversight office agree to mediation rather than investigation of a complaint — and the officer cooperates with the effort — he or she would not be subject to discipline and the complaint would be dismissed.

Sheriff Sue Rahr could not be reached for comment Tuesday.