Funding the Cost of Olympia Homelessness

Above: Time is running out as the City of Olympia works to address homelessness crisis options before the cold weather season approaches. The clock, along with other debris, was recently collected and placed in trash bags at the Nickerson homeless encampment off Eastside Street in Olympia.

Total 2017 amount spent for encampment cleanup expenses is nearly $103,000

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

“We may all need to compromise,” said Olympia city councilmember Jim Cooper, who serves as chair of the council's finance committee.

Cooper was speaking of funding options for homeless response efforts and two proposed city sanctioned encampments at a four-hour city finance committee meeting held July 31.

The committee is comprised of councilmembers Cooper, Lisa Parshley and Jessica Bateman.

As Cooper has said in the past, city funding to address the homeless crisis is a new line of business for the council, and all options need to be considered.

The city estimates that $1.4 million will be needed annually to operate two city sanctioned homeless encampments. The two locations, one on Union Avenue near Plum Street and the other on Martin Way, will assist 80 people total. 

An estimated $1.1 million total is needed for site improvements to both locations.

City staff has also proposed to direct $500,000 annually to other homeless response efforts. This amount could support other agencies that host campsites under the city’s proposed emergency housing ordinance for services such as garbage service and porta-potties. 

The need for safe storage has also been identified as a critical service so people experiencing homelessness have a place to store their belongings.

At the meeting, Cooper suggested using Home Fund money, a business and operations tax that has not been adjusted since the 1950s, dipping into parks funds, and using $500,000 to $1,000,000 per year of general fund emergency reserves for no more than five years.

And while he said he doesn’t want to raise taxes, he is open to using some of the non-voted utility tax, if that tax is extended an additional three years.

“The cost to parks and other agencies from this crisis is much higher (than past years). In fact, the cost to every department to deal with this crisis is at some level part of (staff’s) job…I believe a short extension on (parks) acquisition won’t hurt our city long term but it will help us relieve pressure on our park system,” he said.

One example of these higher costs is for homeless encampment clean-ups.

According to the city community planning and development figures, the cumulative expenditures incurred by city park rangers for homeless encampment clean-up at 24 citywide locations in 2017 totaled $13,820.46.

Other clean-up efforts were contracted out for cleaning up under bridges, drop box hauling, advanced environmental hauling, resulting in a total 2017 amount spent for encampment cleanup expenses of $102,991.04.

Councilmember Bateman expressed interest in using capital funds as long as there is a clear plan that includes transitioning a temporary shelter to long-term supportive housing.

She stated that she doesn’t want to touch general fund reserves because those are for emergencies, however, the homelessness crisis is an emergency, so use of those funds in that capacity seemed appropriate.

Councilmember Parshley wants to see a defined repayment plan if reserves are used.

Parshley also sought clarification on whether she needed to recuse herself because she has a veterinary business near the proposed homeless encampment on Union Avenue. She was told by city legal counsel that she can participate in the discussion but can recuse herself when it comes time to a final vote on the issue.

In his support for using funds from the new Home Fund sales tax for permanent supportive housing, Cooper said, “I really, truly believe that conditions on the ground have changed since we asked the voters to approve the Home Fund. They were changing in that time and we couldn’t articulate it as clearly as we can today.”

“Where we’re going to get the money from is premature if we don’t know how much it’s going to cost…. What we don’t want to do is provide for a plan for homeless encampments and not achieve the objectives we set out to achieve. We want to make sure…we’re on the right track,” said Bateman.

Bateman and Parshley questioned the site review, design and engineering costs for the two sites.

Cooper suggested putting two social service providers and a one or two people who are homeless on the city’s formal design team for operations and maintenance.

Staff appeared to agree, with city manager Steve Hall saying, “Nothing has been figured out.” 

That includes how it is determined who gets to stay in the encampments, which the city is calling “The Villages.” 

Bateman urged that the standard vulnerability index be used, as it is required for federal funding and considered a “best practice.”

Cooper said he understood that, but also believes in “best or better practices,” and wants to also look at other criteria for admission.

The full council will hold another study session on funding options to address the homelessness crisis on Tuesday, August 21, 5:30 p.m., Olympia City Hall.

Emergency Reserves

Debbie Sullivan, city administrative services director, told Little Hollywood this week that the city must keep a minimum of 10 percent of its general operating revenue in reserves.

The city currently has $7.8 million in its reserves, she said.

Reserves are important to financial advisers and determine the city’s credit rating, which affects its ability and cost to borrow money. If emergency reserves are used, they must be paid back with 2.3 percent interest.

“We are very, very, cautious about using our emergency reserves. If an emergency is declared, such as in the event of an earthquake, we have to access those reserves,” Sullivan said.

Little Hollywood often writes about homelessness issues, and unsheltered, street dependent individuals. For more information about these issues, the Home Fund, and the city’s recent purchase of property for housing the homeless, go to Little Hollywood  at www.janineslittlehollywood.blogspot.com and use the search button to type in keywords.

Minjares Makes Case for Prosecuting Attorney Race

Above: Local attorney Victor Minjares is running for Thurston County Prosecuting Attorney on the issues of reform, respect, and justice.

Change Needed in Local Law and Justice Department Culture, says Minjares

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

“There are serious issues with the criminal justice system in Thurston County,” local attorney Victor Minjares said in a recent interview with Little Hollywood.

While some know the criminal justice system only through television shows like Perry Mason or Law and Order, others know it all too well in real life.

Reflective of the national examination on implicit bias, socio-economic and racial injustice and other systemic issues beleaguering the law and justice community, Minjares is running for Thurston County prosecuting attorney on a campaign of reform.

Minjares says he wants to change the culture within the office that hasn't seen a change in decades.

The position of prosecuting attorney and the issues associated with it may not be on voters’ radar because current prosecuting attorney Jon Tunheim, who is running for his third term, has never had a challenger. Each term is four years.

Before Tunheim, Ed Holm had been prosecutor for three terms, from 1999 to 2010. After Holm was sued by three female deputy prosecutors in his office for sexual harassment and won their case, he chose not to run for reelection. 

Tunheim, who was chief criminal deputy prosecutor at the time, ran for the position and won, and won reelection in 2014.

According to his biography, Tunheim first joined the Thurston County Prosecuting Attorney’s Office as a legal intern in 1988 and has won many awards for his community service.

Minjares and Tunheim are running as Democrats. The position pays an annual salary of $169,187. Fifty percent of the salary is paid by the county and fifty percent is paid by the State of Washington. 

Making His Case

Minjares has 30 years of experience handling criminal, civil, appellate, and administrative cases in state and federal courts. He moved to Olympia in 2006 from Los Angeles, California and is a graduate of Pomona College and Stanford Law School. 

A civil attorney in private practice, he now represents nonprofit organizations, individuals, and small businesses in Washington and California courts.

From 2008 – 2014, Minjares served Thurston County District Court as a Judge Pro Tem, presiding over misdemeanors, civil cases brought by pro se litigants, infractions, restraint petitions, and criminal calendars.

During much of that same time, Minjares was an assistant attorney general in the Torts Division of the Washington State Attorney General's Office, responsible for defending state agencies in civil damage lawsuits in federal and state court.

His resume is long and his experience is deep and varied. Early in his career in Los Angeles, Minjares was a criminal prosecutor for 15 years, sending criminals to prison for murders, robberies, home invasions, and other serious felonies.

He lives in Thurston County with his wife and children. He is active in the community and has served on several boards. 

The Role of the Prosecuting Attorney’s Office

Little Hollywood asked Minjares about the responsibilities of the office, the issues he sees, court diversion programs and alternatives to incarceration, the case of Andre Thompson and Bryson Chaplin, the two young African American men who were shot by a white Olympia police officer in 2015, and a recent independent study of the county’s court system.

“There’s a lot of things wrong with the prosecutor attorney office – a lot of waste, a lack of supervision, a lack of respect for the office itself and the power it holds. I want to bring in reform, bring back respect, both for the office and for the public, for the courts.

“I want to bring a general sense of justice to the job, justice above all else, even if that means walking in and dismissing because you got it wrong, fixing a case because you accidently convicted the wrong person, or charging someone who is very popular because they did a serious crime….”

Asked for specifics, Minjares said he wants to create a conviction integrity unit with outside experts to review evidence and sentences and determine whether or not errors were made. 

“When I talk to criminal defense attorneys and individuals, they tell me stories of their interactions and that it is not the policy to immediately turn over evidence showing when someone is innocent. They make defense attorneys fight for it and in fact, there’s a lot of litigation about that in our courts. The obligation of a prosecutor is not to withhold information. If he finds that a witness has changed their story, or finds a new witness that shows that the defendant is innocent, the obligation is to contact the other side and say, ‘Hey, you might want to talk to this witness.’”

“Here (in Thurston County), they let them know right before the trial, which causes a continuance of a case, and that is a violation of speedy trial rights of the defendant,” he said.

“If I’m prosecutor, the evidence will get turned over right away. Then we can argue in court whether it is relevant or admissible – the defense is going to get the information at the earliest opportunity.

“One, it’s the right thing to do. Two, it’s more efficient. You know what the case is worth early on and decide how to plead…or decide whether it needs to go to trial….To wait until the last minute is unethical and inefficient.”

Minjares said that when people sit around waiting for their case to come up, they may lose their job and increase the strain on the social service system.

Minjares says it costs $42,000 a year to house someone in the county jail and even more in the state system. 

“Some people need to go to prison...but when you do that…when you send someone away to prison or jail, you’re increasing the costs on the county through a myriad of factors that don’t show up on the balance sheet…but they are there and they are real,” he said.

“Did you know most of the people who are sitting in Thurston County jail right are not guilty of any crime? They are awaiting trial. I’d like to examine better methods of releasing people on their own recognizance, or setting a low bail when it's warranted, for relatively minor offenses...like low-level misdemeanors or drug offenses. People should not be sitting in jail simply because they cannot afford $1,000 to make a $10,000 bond, for example.”

Thurston County Statistics

The Prosecuting Attorney’s Office has a civil division and a criminal division.

The civil division of the prosecuting attorney's office serves as the attorney for Thurston County, providing legal advice and representation to the county elected officials, departments, and independent boards and commissions.

The criminal division receives referrals from law enforcement agencies to review for possible criminal charges.

According to the Prosecuting Attorney’s website, the office leads a team of 32 lawyers and 37 support staff.

In 2016, 1,606 felony cases were filed (325 were felony domestic violence cases and 145 felony sexual assault and/or child abuse cases), 2,017 misdemeanor cases (445 were misdemeanor domestic violence cases), 502 juvenile cases, 167 defendants received services in the drug court program, 16 defendants in DUI court, 48 defendants enrolled in mental health court and 22 defendants in veteran court.

The office also processes over 1,800 child support cases each year while also serving as a law firm for all Thurston County Government offices.

Minjares was asked to comment on those numbers and whether they are reflective of a community the size and demographics of Thurston County. He says the statistics don’t tell the whole story.

“Of those 32 attorneys, around six are civil attorneys, the rest criminal. Thirty two lawyers is not a large office… (but) there’s no supervision by the prosecutor. It should be part of the job. The prosecutor goes to meetings and has no idea of what’s going on in his own office. It’s really a free for all. Our crime rate is steady in the county but the sentences are going up. The maximum sentence is not the solution to all problems, which it seems to be in that office.”

Minjares was asked why the jail is overflowing if crime is steady and why the sentences are going up.

“Well, if I’m an individual prosecutor left to my own devices, to me, to be successful is to get a maximum sentence for the charge. However, you can’t let prosecutors seek that in every case. You have to supervise them so you don’t overflow the jails, bankrupt the county and bankrupt the state.”

“I want to open up the black box that is the Prosecuting Attorney’s office. They do not really give statistics that don’t make them look like they’re doing a good job. I want to use our sunshine policies in this state and apply them to the prosecutor’s office so the public can see for themselves what is happening. Raw numbers like this that they are putting out don’t tell you if they are being fairly prosecuted, or if prosecutors are sanctioned for breaking the rules,” he said.

System, Jail Alternatives

Seventy five percent of the county’s budget goes to law and justice and that includes the courts, the jail system, the sheriff’s office, public counsel, and probation services.

Thurston County has several court diversion programs, including a drug court, a mental health court, and a veteran court.

“It’s expensive to run a courtroom - about $9,000 a day. I’m in favor of (these diversion) courts and what they are trying to accomplish, but they are expensive. We need to rely more on diversion before they enter the criminal justice system.”

Minjares described a successful law enforcement assisted diversion (LEAD) program that began in Seattle.

“It’s intended to keep low level offenders out of the system before they are booked and enter the whole hamster wheel of the system. It’s a pre-booking diversion program. They tried to start the program here in Thurston County but after six to eight months, they have had just one person enter the program. It’s up to the prosecutor’s office to agree that it’s used or not. Look at what it’s costing our system to not use that program. The prosecutor’s office has failed on that one,” he said.

Studies of Thurston County Courts

Minjares was asked about the Thurston County District Court report conducted last year by staff of the Center for Court Innovation and the National Council of Juvenile and Family Court Judges (NCJFCJ).

To assess the court’s strengths and weaknesses regarding access to justice, NCJFCJ staff conducted a three day tour of the Thurston County Courthouse and anonymously observed the court process and procedures.

In the report, several recommendations for improvement were made. The report is available at http://www.co.thurston.wa.us/distcrt/docs/TCDC_Report.pdf

Minjares also referred to The National Center for State Courts (NCIC) report about Thurston County Superior Court. A link to that report, “NCSC Felony Caseflow and Calendaring Study of Thurston County Superior Court” is at: http://www.co.thurston.wa.us/superior/documents/ncsc-report-20170601.pdf

Minjares said the report’s findings were enlightening and overdue.

Above: Center for Court Innovation and NCJFCJ staff observed the courthouse complex signage. They reported that the signage was unclear and difficult to follow, “which made it even more frustrating to navigate an already confusing courthouse layout,” did not make clear what kinds of cases were heard in those courtrooms, and did not use multiple languages. “This is even more problematic since there is another court campus in another part of the county that hears family and juvenile matters which may further confuse litigants,” says the report.

Andre Thompson and Bryson Chaplin Case

Little Hollywood asked Minjares about specific cases such as the one in which charges were brought against Andre Thompson and Bryson Chaplin, two young African American men who were shot by a white Olympia police officer in 2015. 

“I can’t comment on the specifics of the case unless I have all the evidence in front of me, which I don’t, however, I will say I was rather surprised at the charging decisions made after that shooting. I would like to know a lot more about that to know what justified that level of, what seems like, retribution against those two individuals.

“I am not someone who believes that people who commit crimes should be let off but then again, there is justice involved in how to weigh certain factors in any situation,” he said.

“That investigation by the prosecutor took a long time and where are the recommendations regarding possible police policy changes that might lessen the chances of a similar confrontation in the future?” he asked.

“….The prosecuting attorney is supposed to be for the people of Thurston County. Part of the job of the prosecuting attorney’s office is to make sure the system works better. Dodging that responsibility has been a very pervasive failure….”

True reform methods are often below the radar for a lot of people who are not intimately involved in the issue, and while the need for a new courthouse is a given, it isn’t going to solve a problem with the culture, he says.

Little Hollywood asked Minjares if he has a real life role model for prosecuting attorney and law and justice reform.

Minjares mentioned his former Stanford classmate, Larry Krasner, who is now district attorney of Philadelphia.

“He ran on a campaign of reform and while I’d tailor it to Thurston County, he and others seeking to bring real justice to the prosecuting and district attorney offices across the country is really something to watch,” he said.

Above: Victor Minjares greets attendees at his campaign kick-off party on Wednesday.

About 60 enthusiastic people attended his campaign kick-off party at the historic Jacob Smith House in Lacey on Wednesday night.

Olympia city councilmembers Renata Rollins and Lisa Parshley spoke in support of his candidacy, as did Keoki Kauanoe, chair of the Washington State Progressive Caucus, and Steffani Powell, a local immigration attorney.

Powell described the qualities of a good prosecutor and the growing power of the prosecutor position across the country. 

Most prosecuting attorneys in the United States are Caucasian.

“….Their power is immense. They get to decide who to charge and the type and number of charges leveled against an individual….Many prosecutors run unopposed across the country and have strong party ties....When there is unchecked power, problems often follow. Prosecutors are the most powerful officials in the American criminal justice system,” said Powell.

Editor’s Note, May 6: Little Hollywood made a few clean-up edits to the original story, such as correcting the spelling of local immigration attorney Steffani Powell’s name and clarifying that the LEAD program is a pre-booking diversion program, not a “pre-diversion program.”

In the interview, Minjares also referred to The National Center for State Courts (NCIC) report about Thurston County Superior Court. That paragraph was dropped off in editing. 

For more links and information about Thurston County Prosecutor Jon Tunheim, his findings about the police officer involved shooting of Andre Thompson and Bryson Chaplin in 2015, the community response, and Olympia police and community relations, go to Little Hollywood at www.janineslittlehollywood.blogspot.com and type keywords into the search button.

Olympia Starts Sea Level Rise Planning

Above: Over 100 interested community members attended the City of Olympia's annual sea level rise report to the community, delivered by Andy Haub, the city's water resources director, at the Olympia Center on February 8. Olympia is starting a coordinated sea level rise response plan with the Port of Olympia and the LOTT Clean Water Alliance.

By Janine Gates

Little Hollywood

http://www.janineslittlehollywood.blogspot.com

“This is going to go on forever…this will be our future,” said Andy Haub, City of Olympia water resources director, about the city's planning for sea level rise. 

Speaking to the city’s citizen utility advisory committee on Thursday evening, Haub provided an update on the city’s sea level rise plan and the committee's role in its implementation. 

The citizen advisory committee is charged with overseeing the city’s sea level rise planning process.

Looking at a draft plan schedule that included typical public outreach tools employed by the city, the group was quiet and seemingly a bit daunted by the responsibility. 

When a member questioned how they should go about their role, Haub admitted that there is no clear recipe.

“You’ll have to use your collective judgement,” Haub said, acknowledging that sea level science is evolving, but there are strategies the city can draw upon from around the country and the world.

They agreed that the ultimate governance for the plan, whatever that plan turns out to be, needs to be carried through the whole process, and not left to the end.

At its regular Tuesday meeting, April 11, the Olympia city council is expected to sign an interlocal agreement with the Port of Olympia and the LOTT Clean Water Alliance for the planning and assessment of sea level rise issues.

The city, Port of Olympia, and LOTT all own properties and have responsibilities in the area where sea level rise is expected to inundate downtown Olympia.

An international engineering firm, AECOM, has been chosen to help the city determine the plan’s scope of work and ensure a robust public involvement process.

The scope of work will focus on the development of a sea level rise plan and provide recommendations for capital projects, funding needs, implementation schedules, and emergency response protocols.

The plan will include a full analysis of options for responding to various sea level rise scenarios over a 100 year time frame, and look for ideas from other areas of the United States and the world.

The city, port, and LOTT will divide the costs for consulting services. The port and LOTT will pay up to $75,000 each and the city will pay at least $75,000. Total costs for consulting are not to exceed $250,000 without further negotiation and approval.

According to science based research and multiple reports, there is no doubt sea level rise will impact downtown Olympia as we know it.

Thad Curtz, former chair of the Utility Advisory Committee citizen advisory committee, was one of several community members who expressed concerns on Thursday about the plan’s scope of work.

“The staff presentation said that we’re eventually going to have eight feet of sea level rise. We ought to be thinking about (a plan) with respect to earthquake risk. If we have four feet of sea water outside of whatever we build, and we have an earthquake that impacts a dike or whatever, we’re going to have very serious costs. We need to be planning to deal with that.

“We’re talking about restoration of Budd Inlet at the same time we’re talking about seriously altering the shoreline from Priest Point Park to West Bay. We also have the whole Capitol Lake process going on. Those planning processes ought to be related to each other.

“We [also ought] to have a conversation about setbacks. How much room do we need between buildings and the shore if we’re going to have to deal with eight feet? We can’t just talk about sea level rise as if it’s something by itself,” said Curtz, who said he intends to stay involved with the conversation.

Former city planning commission member Judy Bardin said that adaptation for sea level rise will be a huge and costly undertaking, noting that city staff estimates that sea level rise adaptation for downtown Olympia will cost in excess of $60 million, and the pumping system alone could be $37 million.

“If the public is going to be asked to pay for sea level rise mitigation in any way, they need to be brought into the conversation now, especially in the scoping of the plan…we need to involve our neighborhoods and the environmental community,” she said.

Helen Wheatley of Olympia asked staff and the utility advisory committee members to think of all people who are impacted by utility decisions and plans.

“It includes everyone from low income apartment dwellers, to treaty tribe members struggling to preserve and enhance salmon habitat in the face of over a century of catastrophic assaults on the ecosystem,” she said.

Wheatley urged that the plan take a “safety first” approach that considers the realities of who lives there, who will live there in the future, and how we live.

“Is it fair or right to drive people into the flood zone because they don’t own a house?” she asked.

“Sea level rise will not happen overnight, but its progression will be relentless. We can choose to transition ourselves into a newer city by moving uphill. How long we hang on to different parts of downtown will involve tough financial, emotional, technical, and political decisions,” said Walt Jorgensen of Tumwater.

Sea Level Rise Community Update

Above: In what has become a familiar scene, the city's public works team, with Andy Haub, City of Olympia water resources director, in yellow jacket, stationed themselves near the Oyster House restaurant on Sylvester Street in downtown Olympia on the morning of March 10, 2016, to monitor the surge from nearby Budd Inlet.

Haub gave his annual sea level rise update to the community on February 8 at the Olympia Center. Over 100 people were in attendance.

Haub described how the city is currently needing to manage four to five significant downtown flooding incidents per year. To add to that scenario, downtown Olympia appears to be sinking at the rate of one inch per decade. 

A situation of low atmospheric pressure creates exceptional high tides, turning moderate tides into high tides, and high tides into extreme tides.

“That whole dynamic is absolutely fascinating…the intensity of storms will increase. Our downtown streets are flat, not deep, so water will spread far,” said Haub, who has long reported that the city could manage one foot, or maybe two feet of water, but no more than that. 

Vertical gates, flood barriers, elevated landscapes, and the strategic placement of planter box barriers will only work up to a certain point.

“We’re planning for two feet of sea level rise by 2050, but with two feet of water flooding downtown every other day, it just won’t work for long,” he said.

Audience members were at all different levels of understanding about sea level science, and peppered Haub with questions about sea level rise projections for downtown, Budd Inlet flood dynamics, and the city’s plan in relationship to other plans, such as the multi-year, $250,000 study called the Downtown Strategy.

The Downtown Strategy has a 20 year planning horizon, leaving many to wonder why the city is encouraging downtown development, and how sea level rise fits in.

Although port commissioners and city council members were present in the audience, Haub stood alone, fielding questions while facilitating a complicated conversation during his PowerPoint presentation. Lacking support, he lost control of the meeting about 20 minutes into the program.

Frustrating some audience members, Haub unquestionably defended the city’s stance that downtown must be saved. Several audience members expressed their opinion that the best solution is to retreat to higher ground. Haub responded that a retreat is not consistent with the city’s Comprehensive Plan.

Haub did not have answers for many questions, including the impact of sea water salinity on downtown’s underground and above ground electrical systems.

“Downtown is vulnerable. We have to accept and acknowledge the risk. This plan will start addressing how we balance and manage new development. There’s a way we can do it, it’s just not cohesive at this point,” he said, adding that the city has a lot of investments in downtown Olympia, most notably the region's LOTT water and wastewater system, which is valued at $1.2 billion.

Above: During times of high tide and favorable atmospheric pressure, certain areas of downtown Olympia are inundated with storm surge from Budd Inlet, overloading storm water systems. The area on State Street in downtown Olympia near the former Les Schwab tire store building at 210 State Street experiences flooding several times a year. The vacant building lies mere feet from Budd Inlet and is now owned by developer Walker John, who proposes to turn the property into a restaurant and 40 unit housing development. Photo taken March 10, 2016.

For numerous articles about sea level rise and flooding incidents in downtown Olympia, the management of Capitol Lake, current sea level rise projections for Olympia with photos and maps, go to Little Hollywood, http://www.janineslittlehollywood.blogspot.com and type key words into the search button.

The city's Utility Advisory Committee meets on the first Thursday of the month, at 5:40 p.m., in Olympia City Hall, Room 207, 601 4th Avenue East. For more information, go to www.olympiawa.gov.

Law Enforcement Answers Rail Blockade Questions

Above: Multi-jurisdictional law enforcement wait just before their advancement on the camp that blockaded Union Pacific tracks in the early morning hours of November 18 in downtown Olympia. 

City Manager Steve Hall on Blockade, Port, City Communications

By Janine Gates

Little Hollywood

http://janineslittlehollywood.blogspot.com

Little Hollywood has reached out to several entities involved with the November 18 raid on the rail blockade of Union Pacific tracks in downtown Olympia to get answers to lingering questions about the event.

By no means does the information gathered answer all questions, but it provides more information than has been offered in Port of Olympia or City of Olympia public meetings.

The rail blockade, begun by direct action activists in downtown Olympia on November 11, was in response to the Port of Olympia’s contract with Rainbow Ceramics and in solidarity with water protectors at Standing Rock. 

The Port of Olympia receives ships loaded with ceramic proppants, and transfers the cargo to trains bound for North Dakota or Wyoming. Ceramic proppants are used in the process of hydraulic fracking for gas and oil extraction.

As the week unfolded, new supporters joined the cause, creating a new group that collectively evolved and communicated with local officials in various capacities.

The blockade was broken up in the early morning hours of November 18 by a currently unknown number of Union Pacific special agents, the Washington State Patrol (WSP), Thurston County Sheriff’s Department, and the Olympia Police Department (OPD), with assistance from the Lewis County Sheriff’s Department.

Washington State Patrol

According to Kyle Moore, government media relations staff for the Washington State Patrol, 23 troopers were involved in the November 18 operation. Troopers acted as observers, pilots and provided perimeter security.  

According to OPD, the Washington State Patrol also protected the train’s engineer, conductor, and the train as it left Olympia.

The Washington State Patrol used a Cessna aircraft to provide an aerial view of the demonstration to officers on the ground, which accounts for that persistent droning sound of small aircraft seen and heard frequently above downtown Olympia that week.   

Moore said that the total cost of the rail blockade, for both regular time and overtime, is $9,336.00.

Above: Thurston County Sheriff's Department officers participated in the escort of the Union Pacific train out of downtown Olympia on November 18.

Thurston County Sheriff’s Department

The Thurston County Sheriff’s Department was asked similar questions.

“We responded to the rail blockage under the umbrella of mutual aid, requested by Olympia Police Department. There were approximately 19 law enforcement officials from our agency that responded. Our role was to provide scene security for Union Pacific police. I am not certain of the final cost,” said Carla Carter, public information officer for the Thurston County Sheriff’s Department last week.

Olympia Police Department

Olympia Police Department Lieutenants Paul Lower and Aaron Jelcick each answered Little Hollywood’s questions through email and in telephone interviews.

According to OPD, Union Pacific railroad special agents were in the lead, and in charge of the “clean-up” operation the morning of November 18.

A total of 46 OPD officers were present in different capacities.

Seven OPD sergeants were present, who oversaw the arrest team and conducted crowd control. Seven officers conducted traffic control and roved around the area in case marchers or protesters interfered with traffic. Two officers videotaped the process of arresting protesters and of alleged property damage. 

A still unknown number of officers were at the scene outside the Fish Tale Ale. Lt. Jelcick said that was a dynamic situation.

Above: At least 17 officers formed a line to prevent fewer than 15 protesters from being near the original blockade site. OPD says that some officers stayed inside and outside the perimeter to provide security for Union Pacific special agents as they cleared the tracks.

OPD used a pepper ball gun on protesters when the arrests started and when protesters starting climbing on moving vehicles. 

Pepper ball guns deploy a small plastic capsule that contains a little powder, an irritant, called capsaicin. When aimed at the ground, the capsule is broken open and a puff of pepper spray is released, causing people to move away.

Lt. Jelcick said he does not yet know how many capsules were used. The pepper ball gun can be used against people directly.

“It is the safest, lowest level crowd control option we have,” said Jelcick.

OPD also used flash bang grenades and threw three of them toward protesters outside the Fish Tale Ale to move them back off the tracks. The ones used were inert, says Lt. Jelcick, although he says the department does have the type of flash bang grenades that contain rubber bullets that go in all directions when used.

Lt. Jelcick says the department does not have or use tear gas.

Lt. Jelcick said two Lewis County Sheriff’s Department corrections officers assisted with transport of those arrested, and provided a vehicle for that purpose.

He said the Olympia Police Department did not videotape protesters or their camp prior to the raid.

A final cost for the operation has not yet been provided.

Olympia City Manager Steve Hall also answered more of Little Hollywood’s questions on December 9:

Little Hollywood: Where the protesters were camping, Olympia Stand says is “public land.” Is that true?  

Hall: No. It is public right of way. Any camping within right of way is not permitted. Could someone pitch a tent on Plum Street, which is right of way?  No. The same is true for the railroad tracks and blocking railroad trains.

For example, Olympia City Hall and Olympia Fire Department stations are public property, but a citizen cannot pitch a tent and camp in or on City Hall or Fire Department property. The demonstrators were asked to leave so that the railroad police could clear the adjacent tracks. Many left on their own - those who did not were arrested. I don’t know what charges were filed.

Little Hollywood: What was the city's position was for letting the protesters be there? 

Hall: The City did not direct the protestors to the land upon which they pitched tents and camped. The City attempted to resolve the protest peacefully and OPD warned the protestors that they had to leave or be subject to arrest.  Many chose to leave. The few who did not leave were subsequently arrested.

Little Hollywood: Are there any communications protocol currently in place that informs the city when hazardous cargo, such as the ceramic proppants, is running through the City of Olympia? 

Hall: It is my understanding that proppants are not considered hazardous cargo. They are ceramic coated sand or silica. They may be controversial, which is different than hazardous. I believe federal law dictates requirements if railroads carry hazardous cargoes such as chlorine but I don’t know what obligations they have to advise cities along the route.

Little Hollywood: I remember attending a joint city council-port meeting at was then the Phoenix Inn years ago. That was great. When was the last such joint meeting? 

Hall: Our last joint meeting with the Port was June 21, 2016. Items on the agenda were shared successes, sea level rise, the Downtown Strategy and the Nisqually Canoe journey. A variety of other minor issues were mentioned but I don’t recall if any mention was made of marine terminal cargo.

Little Hollywood: Have you and (port executive director) Ed Galligan sat down to discuss anything as suggested by Commissioner Downing in a recent port meeting? 

Hall: Ed and I have talked several times about a productive conversation(s) around this issue. At this time I don’t think a big formal meeting in a fishbowl would be productive. No council/commission meetings have been scheduled at this time.

Questions to Port, Rainbow Ceramics Asked, Still Unanswered

The Port of Olympia and Rainbow Ceramics have yet to respond to some of Little Hollywood’s questions regarding the disclosure of future shipments by rail. Questions were sent to Port of Olympia executive director Ed Galligan on November 30 and resent December 6. Other questions were submitted to the port's public records officer.

A representative of Rainbow Ceramics in Houston requested that I submit questions in writing, as she was unable to answer questions. She said she would submit the questions to their legal department. Little Hollywood did so on December 1 and awaits a response.

For more photos and information about the rail blockade, Olympia Stand, Olympia Police Department, Chief Roberts’ statement against ceramic proppants, the Port of Olympia, Ed Galligan, Rainbow Ceramics, and ceramic proppants, go to Little Hollywood, http://janineslittlehollywood.blogspot.com and type key words into the search button.