By Lisa Herbold

I've been feeling powerless and at a loss for words to describe my feelings about the horrific, unjust, and tragic deaths of Philando Castile & Alton Sterling at the hands of the police. Will another call for training, a new accountability policy, or body cams help? I have supported and do support removing the malice standard from the state law defining when/how an officer can be held responsible for use of deadly force. But what is the most important reform for me - at the City Council - to promote?

The video capture of this week's tragedies and those before it reinforces for me the importance of the practice of bystanders observing and recording police officers performing their duties as an effective form of accountability. Even in Seattle, bystander videos of police misconduct have been used to hold officers accountable and provide innocent victims justice.

I'm reminded of a piece I wrote last year proposing an Observers' Bill of Rights. Last October, the City settled a lawsuit after a woman was wrongfully arrested for observing an arrest in 2011 and held in jail for two days.

Here's what I wrote at the time:

Our City Council can and should make clear the rights of Seattle citizens to peacefully observe and record public police activity.

After proposing a Retail Workers’ Bill of Rights yesterday, I wanted to share another of my “Bill of Rights” ideas that Publicola called “one of the best and most original ideas we’ve heard from any candidate all campaign season” – A Police Observer’s Bill of Rights.

The Seattle Police Department manual recognizes the right of bystanders to “observe, photograph, and/or make verbal comments in the presence of police officers performing their duties” and that “bystanders have the right to record police officer enforcement activates except when: (1) The safety of the officer or the suspect is jeopardized. (2) Persons interfere or violate the law. (3) Persons threaten others by words or action, or they attempt to incite others to violate the law.”

The right to observe and record is a constitutional right and does not flow from SPD policy. In codifying the statutory right to observe and record Seattle’s police officers, our City Council can be on the forefront of promoting citizen participation in ensuring police accountability. While the policies should be designed so as to not impede necessary law enforcement, Seattle’s citizens should feel confident in their ability to watch and record police activities in a non-obstructive way.

In 2000, former Councilmember Peter Steinbrueck wrote and the Council unanimously passed Ordinance No. 120096, requiring uniformed peace officers to wear a badge or similar identification device and orally identify themselves under certain circumstances. This was needed because the current policy wasn’t sufficient to notify the public of the City’s expectation of its officers.

A Seattle Observers’ Bill of Rights should also include express language recognizing the right to make verbal comments, including those critical of an officer’s actions, without fear of retribution. The U.S. Supreme Court in Houston v. Hill recognized that “the First Amendment protects a significant amount of verbal criticism and challenge directed at police officers.” In addition, in June, our own Washington Supreme Court held in State v. E.J.J. that “obstruction statutes may not be used to limit citizens' right to express verbal criticism, even abusive criticism, at police officers.” Thus, an observer’s right to comment and critique police actions would codify an already-existing right.

Seattle Municipal Code Chapter 3.28, Subchapter III codifies a “Police Officers’ Bill of Rights,” statutorily providing rights to Seattle police officers under investigation, including the right to legal counsel and the right not to be threatened with dismissal. Our city should likewise codify the right of innocent, non-interfering bystanders to reasonably watch and record police officers in the line of duty without fearing retribution. If I am elected, I will make this proposal a priority.

These steps can increase civilian oversight and participation of policing. It could also simultaneously decrease both police misconduct and distrust. Yet as we have learned, evidence alone is often not enough to ensure accountability under our current structures.