24 minute read
PERSONALLY SPEAKING
PHOTO: iStockphoto.com/Bargais
PHOTO: iStockphoto.com/MattGush
Personally speaking with Bill Elfo
Whatcom County Sheriff discusses crime surge, injured deputies
Hilary Parker
Sheriff Bill Elfo has led the Whatcom County Sheriff’s Office for nearly 20 years, beginning in 2003 when stepped in as interim sheriff. He was elected to office later that same year and is now serving his fifth term. He started his law enforcement career in Florida and came to Whatcom County in 1996 as director of the Blaine Department of Public Safety.
In his 48-year career in law enforcement, Elfo says he has never seen anything like the lawlessness the county has been experiencing over the past several months. He cites some of the recent criminal justice reforms as one cause, but the reforms make up only part of the challenges law enforcement faces today. Here, he addresses some of those challenges and provides guidance for business owners and operators.
Q: Criminal activity seems to be on the rise. What’s going on?
A: I think everybody has experienced it, in the unincorporated areas and in the cities, particularly the business community. I’ve heard from business owners who’ve called me regarding people getting out of jail too soon or not being held in jail for shoplifting offenses. They’re noticing more profoundly mentally ill people out on the streets and people using drugs. Some of them are dangerous, and some of them engage in criminal activity, and we’re also seeing a skyrocketing crime rate.
Criminals have free reign. Mentally ill people have free reign. It’s really causing our society to be immersed in chaos and lawlessness. It’s far less safe than it was just a few years ago. I speak to a lot of groups and a lot of individuals, and people of all persuasions are really starting to notice this issue.
I’m not a sociologist, and I can’t tell you everything that causes crime, but
I did look at laws that went into effect (last July) — the so-called reform of the police and narcotic-related laws. We did a sampling six months before they took effect and six months after: Felony assaults are up 54%; burglaries are up almost 71%; vehicle prowls are up almost 74%. Vehicle thefts are up an astounding almost 116%. Other categories are up as well, such as arson and homicide, but those numbers are too small to make a meaningful comparison.
Q: How does space at the jail figure into this issue?
A: We’re seeing the same people in jail over and over again. Part of the reason is the jail lacks the capacity to hold people, and we’re experiencing serious infrastructure problems. This is not a new issue but has persisted for decades and is now at a crisis point. COVID requirements for social distancing further limit space.
The courts closed due to COVID, so a lot of people are backed up waiting for their cases to go to trial and be resolved, and we’re having increases in the jail population due to that. For people who need determinations of their competency (to stand trial), that process is taking months, if not years, to get the evaluations completed. We have one case we’ve finally resolved; he’s been sitting in jail since December 2018.We have very limited space, and what we need to do, from my perspective, is resolve this jail issue as quickly as possible. Not only do we not have sufficient space to keep people off the streets, as we’re legally required, but we’re also not serving arrest warrants for a lot of property crime because we have no space to put them.There are people concerned about mass incarceration — a legitimate concern — but I don’t think we have mass incarceration here. We have an obligation to operate the jail in a safe, constitutional and humane manner.
Felony assaults are up 54%; burglaries are up almost 71%; vehicle prowls are up almost 74%. Vehicle thefts are up an astounding almost 116%.
— Sheriff Bill Elfo
Q: One of the legislative reforms made last year involved the ability to stop and/or pursue individuals suspected of criminal activity. Can you update us on that legislation?
A: I think this legislation, even though there’s been some modifications to it, has really hamstrung law enforcement and our ability to prevent crime, investigate crime and capture criminals. They eliminated Terry stops — our ability to stop people reasonably suspected of committing a crime for a brief interview to determine if criminal activity is afoot. We were the only state in the country where that was eliminated, and that’s tying officers’ hands unless they have probable cause to arrest someone. That issue has been somewhat fixed, but not completely, in the last legislative session.
If someone breaks into your home, even if we have probable cause, if they flee, we can’t pursue; they’re free to go. If they’re driving a stolen car, we are not allowed to pursue them.
Vehicle pursuits are an ultra-dangerous activity, and we take it very seriously. We have sound policies in place. We train all officers in vehicle pursuits and we train them in alternatives to pursuit and pursuit intervention. What the legislature did, they precluded us from engaging in pursuits unless we have probable cause. That’s a higher level of proof than reasonable suspicion.
Q: The state’s drug possession law also changed last year. What has been the outcome of that change?
A: In February of last year, the (Washington) Supreme Court declared all drug possession laws unconstitutional because the word “knowingly” didn’t describe possession, overturning their original ruling in 1958 that “knowing” wasn’t a requirement. The Legislature addressed this decision by changing all the drug possession laws from felonies to misdemeanors, adding that we can’t arrest individuals unless we give them at least two referrals to treatment. And they didn’t provide adequate and meaningful options for providing treatment. What we do now is give people a phone number they can call to get on a waiting list for treatment. It’s really sad. Previously, we would find people who were exposed to opiates or fentanyl, and we could get them into jail, and they’d get medical screening and medical intervention if necessary and, in some cases, prevent them from dying. We’d offer programs at the jail, medically assisted treatment, programs through the county, drug
court. That doesn’t work anymore. We leave them on the street. We can’t book them because of the restrictions in the law and the lack of jail space. That’s a law the Legislature wouldn’t revisit last year, so it remains the status quo.
Q: After high-profile cases from around the country, policing has been under a microscope. What’s your take on this?
A: I listened to a lot of the testimony on the police legislation (this legislative session). They try to take issues from other parts of the country and extrapolate them to be high-frequency problems here in Washington state. They try to take those issues and bring them home. All the reformers were talking about George Floyd, but that didn’t happen here; that happened two time zones away.
If someone breaks into your home, even if we have probable cause, if they flee, we can’t pursue; they’re free to go. If they’re driving a stolen car, we are not allowed to pursue them.
— Sheriff Bill Elfo
There are departments around the state that I would say have not made the best hiring decisions. If we in the Sheriff’s Office have any doubt as to an officer’s character, integrity or ability to do the job, we end up not hiring them or releasing them after their probationary period. We’ve not had a lot of issues with use of excessive force here in Whatcom County.
There are other issues. We see people let go from one agency and hired by another, after misconduct, and that leaves you scratching your head as to how that happens. I have no problem decertifying officers who engage in serious misconduct or have demonstrated lack of ability to do the job.
Q: How else does reform legislation affect officers and agencies?
A: The laws have increased the civil and criminal liability for law enforcement officers, and it makes them less proactive, I think. They don’t always feel like they have the support they need, or the resources.
We have three deputies who have left to work in law enforcement in other states. People are looking be-
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cause they want to do the job, but they don’t feel they can do it here — and that’s at agencies across the state. People are seeing more exposure to unfair criticism and some of the vile rhetoric against law enforcement. We’re finding less and less qualified people seeking positions in law enforcement; departments around the state are not fully staffed, including in Bellingham.
It takes a long time for us to hire someone. We are mandated by the state to send people to the academy for almost five months, and then they have a 12-week training program here. If we have somebody leave, it takes time to onboard someone new unless they already have the training and they have the experience — and we’re competing with places like Everett that have $30,000 signing bo-
Q: Any words of wisdom for business owners and operators?
A: They need to have a serious plan to deal with criminal activity. Each has needs, depending on their business and the geographic location they’re in, whether they’re in a remote area in the county or they’re in downtown Bellingham.
Additionally, I encourage businesses that are victims of crimes to make prompt reports to law enforcement. Even though it may seem fruitless because the people are out the next day or not apprehended, it’s important that the public and elected officials know the true extent of the problem we’re experiencing.
Q: Finally, how are deputies Thompson and Rathbun faring after having both been shot while responding to a call in Peaceful Valley in February?
A: We’re praying they can come back to work. They’re both excellent deputies. We’re proud of their performance. We’re proud of the citizens who helped them survive that day, providing them cover so they could get to a safer location. These deputies, despite both being shot in the face, chose not to self-evacuate. They stayed on the scene until they were relieved because they didn’t want to leave the citizens out there. We’re just very thankful they survived, and we’re optimistic that they’ll be able to get back to work. All kinds of support was clearly demonstrated from the entire community, and we’re heartened by everyone’s concern.
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To learn more and become a member, visit whatcombusinessalliance.com/joinus or call Barbara Chase at 360.543.5637.
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What went right and wrong this legislative session
Attempts to fix past mistakes don’t go far enough
The 2022 legislative session adjourned in March with a mixed bag that included menial public safety reforms, unsustainable state government spending, no tax relief and homelessness policies that at best scratch the surface of the problem.
Public safety
The session began with citizens and law enforcement imploring lawmakers to fix a “police reform” law that effectively defanged police responses to actual or suspected criminal activity.
Senate Minority Leader John Braun described the results this session as “improvements but not complete fixes. We didn’t get everything.”
The bills that did pass this session included House Bill 1735, which expands and clarifies a police officer’s use of force, and HB 2037, which restored most of an officer’s ability to pursue suspects based on “reasonable” suspicion rather than “probable cause.” A bill that would have allowed officers to engage in vehicular pursuits failed to clear the Legislature, despite it having passed in both chambers, due to hostility from key ranking legislators.
In fact, a vocal and active anti-police presence within the majority party made it tremendously difficult to get the bills that did pass enacted, and without the language being watered down.
“It was a fight at every stage,” Sen. Braun said.
Those same legislators who brought us the anti-police bills in 2021 that are having a negative impact on public safety then sponsored bills that would have severely undermined public safety throughout Washington. Thankfully, some of them didn’t pass — due to pressure from such groups as Change Washington — including a proposal to reduce sentences for murderers who kill via drive-by shootings.
However, they almost passed a bill sponsored by Sen. Manka Dhingra that would have allowed murderers, rapists and sex offenders sentenced to life in prison — such as Gary Ridgeway, the Green River Killer — the ability to petition for parole. Under that bill, the presumption was
that the criminal should be paroled unless proven otherwise.
Meanwhile, Gov. Inlsee and the majority in the Legislature ignored bills that would have helped both residents and small businesses via such actions as:
• strength ening the definition of theft to help retailers crack down on in-store larceny; • increasing funding to hire and train more law enforcement officers; and • enacting harsher sentences for catalytic converter thefts.
Although some fixes were made to public safety, much more work is needed. Based on the effort necessary to pass what little was accomplished this year and the opposition from key ranking legislators, it’s clear that a shakeup is needed in Olympia.
Government spending
In 2013, the median income in Washington state was $64,203. By 2021, it had increased by 20% to $76,687.
Compare that to the state’s operating budget. In 2013-15, it was $33.9 billion. With the passage of the 2022 supplemental budget, spending is now a whopping $64 billion per biennium.
That’s an 89% increase in state spending in less than a decade.
If you’re the typical Washington resident, your salary is not almost double what it was a decade ago. When you’ve wanted to buy things you want, you’ve had to exercise fiscal restraint by not spending beyond your means. This is especially true of people living off of pensions or fixed incomes.
The state’s eye-popping spending spree has relied on a combination
of new tax revenue from our state’s economic prosperity — even during COVID-19 — and increased taxes, with much of that money being invested in a K-12 system that now eats up half the budget. However, student academic performance has only worsened since 2013.
In other words, the increased tax burden and unprecedented spending has not only failed but resulted in decreased quality within public education.
The Legislature should learn from this experience: You don’t solve a problem simply by throwing more money at it.
What’s worse is that the 2022 supplement budget includes a $5 billion spending increase with no meaningful tax cuts, despite an astounding $15 billion in surplus revenue expected over the next four years. Senate Bill 5932 would have reduced the state sales tax by one percentage point, from 6.5% to 5.5%. However, the Legislature rejected it. As Jason Mercier at the Washington Policy Center has noted, the last time the Legislature reduced the sales tax was 1982 — 40 years ago.
Meanwhile, the state anticipates “personal income growth will be weak this year as the extraordinary stimulus of the last two years is withdrawn.” At a time of record-high inflation, increased costs of basic commodities, and several years of economic uncertainty, Washington residents deserve tax relief now more than ever.
Homelessness
Prior to the legislative session, Gov. Inslee proposed $800 million in spending on homelessness, including the creation of a new Office of Intergovernmental Coordination on Public Right-of-Way Homeless Encampments. Though the Senate approved the new office creation, the plan failed to clear the House. However, legislators voted in favor of spending $500 million in the capital budget for housing and shelters and $200 million in the supplemental budget for outreach services.
The legislature also enacted HB 1866, which establishes a new state program to provide permanent housing and services support for homeless people who qualify.
Before the state spends even more taxpayer money addressing homelessness, it needs to acknowledge the role mental illness and substance addiction play. Simply giving the homeless housing, temporary or not, won’t fix
what got them on the street in the first place. Earlier this month, a homeless man died of a drug overdose in a Seattle tiny village operated by a nonprofit program that allows drug use within the village.
Seattle radio host Jason Rantz argues that “this program, along with state laws that made it nearly impossible for parents to get their teens treated for addiction, helped lead to Jeremy’s early death.”
We don’t need more spending but rather better spending on services that attack the root causes of homelessness in our state. We also need the elimination or revision of any laws that prevent appropriate treatment for the mentally ill or addicts. Lawmakers will never fix the homelessness crisis if they continue to merely bail water from a leaky ship.
ChangeWA is a non-partisan 501(c)(4) organization focused on advancing common sense governance built around public safety, government accountability and good governance throughout Washington state. ChangeWA is focused on livability and accountability across the Evergreen State by holding local and statewide public officials accountable. www.changewashington.org/.
1ST ANNUAL CHARITY
2022 GOLF
TOURNAMENT
Sudden Valley Golf Course • May 19, 2022
Shotgun start at 1PM • 4-person scramble • $175 per person • $600 foursome Tickets available at whatcombusinessalliance.com | Proceeds go to YES Whatcom, a 501(c)3 organization
The right leader at the right time
bp’s Patsy Williams honored for guiding refinery through COVID-19
Tony Moceri
When business leaders add to their team, they hope they have found people who fit well with company culture and are reliable and good at their jobs. A positive impact on the community is a bonus.
When bp Cherry Point Refinery hired Patsy Williams, it brought in someone who checked all those boxes and then some. That is why she was nominated for the first-ever Jon B. Strong Employee of the Year Award as part of the Whatcom Business Awards held in March.
Williams is the crisis and continuity manager for the refinery. Having taken that role three years ago, she entered right as crisis was beginning to take hold. That was good fortune for everyone around her.
“Patsy was the right leader at the right time,” said Tom Wolf, bp’s senior director of government affairs. “When COVID-19 came to Whatcom County, Patsy was embedded in the county’s emergency response to the pandemic.”
In November 2021, with the COVID-19 pandemic still lingering, Whatcom County was hit with historic flooding. With the most significant impact being felt by those around Nooksack and Sumas, that’s where Williams went to help. By coordinating the hundreds of community members who showed up to help those in need, Williams was able to lean into her experience and training to maximize the impact the volunteers could have on those in need.
While the historic weather event was devastating, bp and Whatcom County were fortunate to have an individual to help fight back.
“Patsy is a force of nature,” said Pam Brady, bp’s government affairs manager. “She has a natural ability to inspire confidence in her team and those around her. She thinks big and helps others achieve their goals.”
While it takes the right personality and natural ability to lead in a time of crisis, being able to do so doesn’t just happen. Before entering her current role, Williams had approximately 20 years of experience in crisis incident and emergency response management. These years of experience, and a dedication to improvement, have made Williams a versatile team member whose expertise extends to many aspects of bp’s business. She acts as an expert in emergency response and is an industrial fire training instructor, oil spill response instructor and rope rescue technician. She also trains others in the incident command system and serves as the planning section chief.
As a certified project manager, Williams uses the knowledge she has obtained to execute her wide range of responsibilities. However, it’s often not what she does, but how, that has the most impact.
“It’s obvious that people are No. 1 to Patsy, and her first instinct is to make sure people are taken care of,” said Eric Zimpfer, bp’s refinery manager. “She is an inclusive leader who continually strives to help her team be the best version of themselves.”
Whether leading the effort to feed more than 300 Whatcom County residents at a Thanksgiving dinner after the flooding or working directly with displaced individuals attempting to figure out housing, Williams has displayed her passion for serving others. To hear them tell it, her coworkers at bp feel fortunate to work with an individual who can operate so expertly and effectively in a time of crisis.
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35th ANNUAL whatcomBUSINESS AWARDS MARCH 24, 2022
WINNERS & HIGHLIGHTS
LIFETIME ACHIEVEMENT
GARY HONCOOP ROOSENDAAL-HONCOOP CONSTRUCTION
BUSINESS PERSON OF THE YEAR
JOHN HUNTLEY, MILLS ELECTRIC
SMALL BUSINESS OF THE YEAR
VAN BEEK DRYWALL
START-UP OF THE YEAR
360 MODULAR BUILDING SYSTEMS
JON B STRONG EMPLOYEE OF THE YEAR
PATSY WILLIAMS
From left to right: Flood damage, work in progress, finished repair work. Courtesy photos.
WRS repairs rail line extensively damaged by November flood
An international rail line is back in service after three months of repair work and cleanup in Sumas necessitated by November’s catastrophic flooding.
Ferndale-based Western Refinery Services performed much of the work as a subcontractor for Jammie’s Environmental of Longview, the main contractor for rail line owner BNSF.
“The flood washed out the bridge over Johnson Creek, damaging 1,225 feet of the main line and spur lines totaling 4,650 feet of track were affected,” said Bill VanZanten, COO of WRS. “It was a complex project that needed to be done quickly because the damage stopped cross-border rail traffic there, making trains use other routes that took longer and added congestion.”
WRS began working Nov. 28 on general debris cleanup as flood waters were receding and completed the project Feb. 28. Its efforts included working with Jammie’s Environmental on the righting of 15 tipped-over rail cars averaging 200,000 pounds apiece. WRS also hauled in more than 10,000 tons of rock to rebuild the line’s subgrade and finish grade in order for BNSF to install new rail, VanZanten said.
The damage stretched from Garfield Street south through a crossing at West Third Street to the Johnson Creek rail bridge. The damage was located just west of the El Nopal Mexican Restaurant.
Locally owned WRS, founded in 1982, has more than 230 employees working in local refineries and in the heavy civil construction sector. The company specializes in civil construction, concrete construction, industrial maintenance, asphalt paving and sealcoating, land-leveling and scraping, UAV mapping and inspection, technology and design services, demolition and processing, landscaping, and transportation.
First Fed Welcomes Chris Neros as Our New Chief Lending Officer | EVP
Chris Neros
• Respected leader focused on building successful relationships and driving growth • 26 years of professional and executive experience in banking • Home base: Bellingham, WA
ourfirstfed.com | 800.800.1577 Christopher “Chris” Neros has joined First Fed as Executive Vice President and Chief Lending Officer. “Chris is a well-respected leader with a successful track record of business development, relationship management, and team leadership. He will bring valuable experience and strategic direction to our lending initiatives,” said Matt Deines, President and CEO of First Fed Bank and FNWB. “First Fed is on an exciting growth trajectory, anchored by a 100-year legacy of outstanding service. I look forward to strengthening our business relationships by collaborating with our team, our partners, and our customers on business opportunities,” said Neros. Prior to joining First Fed, Neros held leadership roles for over 15 years at Peoples Bank in Bellingham, WA. As Chief Lending Officer at Peoples, Neros oversaw bank-wide lending strategy of all commercial and marine lending activities. He was formerly a member of the loan committee for Northwest Business Development Association and a volunteer Kenpo instructor. Prior to moving to Washington, Neros gained 10 years of lending and retail banking experience at First National Bank Alaska. While in Sitka, he was active in the community as a Board Member for the Sitka Economic Development Association, Center for Community, and Sitka Tribal Enterprises. Neros earned a BBA in Marketing from the University of Alaska Anchorage, an MBA from Regis University in Colorado, and is a graduate of Pacific Coast Banking School.
