HomeMy WebLinkAboutPCD 2025-11-10 Item 1A - Resolution - Appointment of Hearing Examiner & Future Appointments ProcessCity of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, DCD Director
CC: Mayor Thomas McLeod
DATE: November 10, 2025
SUBJECT: Hearing Examiner Resolution
ISSUE
The intention is to streamline the process to appoint a Hearing Examiner by allowing the
Council's approval of the contract serve as the appointment rather than requiring a separate
resolution.
BACKGROUND
Cities and counties in Washington State have statutory authority to establish a hearing examiner
system. Under a hearing examiner system, a city or county hires or contracts with a hearing
examiner to conduct quasi-judicial hearings, usually in place of local bodies such as the
planning commission, the board of adjustment, the board of county commissioners, or the city
council.
The purpose of having a hearing examiner conduct these hearings is to have a professionally
trained individual, typically an attorney, make objective quasi-judicial decisions that are
supported by an adequate record and that are free from political influences. Using a hearing
examiner system allows local legislative and advisory bodies that might otherwise conduct these
hearings to better concentrate on policymaking. It can also potentially reduce local government
liability exposure through what should be more consistent and legally sustainable quasi-judicial
decisions.
The City established a hearing examiner process for certain land use, code enforcement, impact
fee, and forfeiture decisions and appeals in 1997 at TMC Chapter 2.76.
DISCUSSION
The intention is to streamline the process to appoint a Hearing Examiner by allowing the
Council's approval of the contract serve as the appointment rather than requiring a separate
resolution. Our past practice per TMC 2.76.010 has been to bring a resolution to the Council in
addition to a contract for services whenever we change Hearing Examiners.
FINANCIAL IMPACT
There will be no change to the City's overall cost to conduct these hearings.
RECOMMENDATION
The Council is being asked to approve the resolution and place this item on the consent agenda
at the November 17, 2025 Regular Meeting.
ATTACHMENT
A. Proposed Resolution
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RATIFYING THE APPOINTMENT
OF THE CITY'S HEARING EXAMINER PURSUANT TO
TUKWILA MUNICIPAL CODE CHAPTER 2.76 TO PRESIDE
OVER HEARINGS RELATED TO LAND USE, CODE
ENFORCEMENT, POLICE FORFEITURES, AND OTHER
MATTERS AS SPECIFIED IN THE TUKWILA MUNICIPAL
CODE; AMENDING THE PROCESS FOR FUTURE HEARING
EXAMINER APPOINTMENTS; AND REPEALING
RESOLUTION NO. 1971
WHEREAS, on May 5, 1997, the City Council passed Ordinance No. 1796,
establishing the office of Hearing Examiner; and
WHEREAS, the City of Tukwila uses the Hearing Examiner to preside over matters
such as land use hearings under Tukwila Municipal Code (TMC) Titles 17, 18, 19 and 21;
code enforcement appeals under TMC Chapter 8.45; police forfeiture hearings under
TMC Title 8; ethics complaints under TMC Chapter 2.95; commercial parking tax appeals
under TMC Chapter 3.48; and business license appeals under TMC Chapter 5.04; and
WHEREAS, the City of Tukwila contracts for Hearing Examiner services with an
experienced provider at competitive hourly rates as memorialized in Contract No. 23-142;
and
WHEREAS, pursuant to TMC Section 2.76.010, " ... Hearing Examiner shall mean
any person appointed by the Mayor, and approved by the City Council, for the purpose of
presiding over appeals and other matters ... "; and
WHEREAS, pursuant to TMC Section 2.76.020, "The Hearing Examiner shall have
the powers and duties assigned to that office by ordinance"; and
WHEREAS, as needed, the Department of Community Development selects a
qualified practitioner to serve as the Hearing Examiner with experience in providing
similar services to other local cities; and
2025 Legislation: Hearing Examiner appointment
Version: 11/04/2025
Staff: N. Gierloff
2
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WHEREAS, the City Council's approval of a contract with the selected practitioner
shall indicate their approval of the practitioner appointed to serve, without the need for a
separate resolution; and
WHEREAS, to allow for efficient and effective operations, the City Council desires to
authorize the Department of Community Development in coordination with the City
Attorney's Office and the Hearing Examiner to administratively adopt rules of procedure
for the Hearing Examiner to follow when hearing matters on behalf of Tukwila and affected
City departments;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution No. 1971 Repealed. The City Council hereby repeals
Resolution No. 1971 in its entirety.
Section 2. Ratification of Contract No. 23-142. The City Council hereby ratifies
Contract No. 23-142 for the provision of Hearing Examiner services.
Section 3. Future Hearing Examiner Appointments and Approvals. Pursuant to
TMC Section 2.76.010, the Mayor shall appoint a qualified and experienced practitioner
to serve as the Hearing Examiner for the City, and the City Council's approval of a contract
for such services shall indicate the Council's approval of the selected practitioner without
the need for a separate resolution.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
a Regular Meeting thereof this day of , 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Tosh Sharp, Council President
APPROVED AS TO FORM BY:
Office of the City Attorney
2025 Legislation: Hearing Examiner appointment
Version: 11/04/2025
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Staff: N. Gierloff
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