Chapter 4.28
HEARING EXAMINER

Sections:

4.28.010    Creation and purpose.

4.28.020    Authority and duties.

4.28.030    Composition.

4.28.040    Contract with Examiner(s) — Qualifications.

4.28.050    Termination of contracts.

4.28.060    Rules.

4.28.070    Staff services.

4.28.080    Conflict of interest — Appearance of fairness.

4.28.090    Disqualification.

4.28.010 Creation and purpose.

The office of the Hearing Examiner is created independently from the legislative functions of developing and adopting basic goals, policies, plans, programs and regulatory codes. The purpose of establishing an Examiner is to separate the application of land use regulations from policy making; to provide a level of expertise to conduct administrative and quasi-judicial hearings arising from the application of the Redmond Zoning Code and the rules and procedures developed under it; to better protect and promote the interests of the community; and to expand the principles of fairness and due process in public hearings. (Ord. 2588 § 2 (part), 2011).

4.28.020 Authority and duties.

The Hearing Examiner shall conduct public hearings on behalf of and in some cases make recommendations to the City Council as described in RZC Chapter 21.76, Review Procedures, or as delegated by the Council. In carrying out the duties, the Examiner shall review available information, maintain an accurate record of the proceedings, determine findings of fact from the record, and form conclusions in support of recommendations and decisions. The findings and conclusions shall also set forth the manner in which the recommendation or decision carries out and conforms to the regulations, goals and policies of the Redmond Zoning Code. The Examiner shall have the power to issue summons to compel the appearance of witnesses, to preserve order, to reconsider decisions, and shall be free from the interference of individual City Council members, Planning Commission members, City officials, or any other person. The Hearing Examiner may also exercise administrative powers and such other quasi-judicial powers as may be granted by the City Council. On a periodic basis or as the need arises, the Examiner shall provide a report to the Planning Commission and Director of Planning and Community Development on recommended changes to the Redmond Zoning Code, the resolution of conflicts within it, and additions that address omissions. (Ord. 2588 § 2 (part), 2011).

4.28.030 Composition.

The Office of the Hearing Examiner shall comprise one or more Hearing Examiners. (Ord. 2588 § 2 (part), 2011).

4.28.040 Contract with Examiner(s) — Qualifications.

The City shall contract with one or more qualified individuals to serve as Hearing Examiner(s). The qualifications shall include, but not be limited to, knowledge of land development, design, land use, law, engineering, planning and economics, the ability to make broad and impartial judgments, and to conduct administrative and quasi-judicial hearings. The Mayor shall recommend contracts to the City Council for approval. Individuals serving as Hearing Examiners shall hold no other City office or position. (Ord. 2588 § 2 (part), 2011).

4.28.050 Termination of contracts.

Termination of Hearing Examiner contracts may be initiated by the Mayor or the City Council, but removal shall only occur after a majority vote of the Council. (Ord. 2588 § 2 (part), 2011).

4.28.060 Rules.

The Hearing Examiner shall adopt rules to govern proceedings and hearings conducted by that office. The rules shall provide for, but are not limited to, the date, time, place and format of proceedings and hearings, a record of proceedings and reports, summons to compel the appearance of witnesses, administration of oaths, preservation of order, and cross examination of witnesses. The rules of the Examiner shall be approved by the City Council and kept on file in the Office of the Hearing Examiner. (Ord. 2588 § 2 (part), 2011).

4.28.070 Staff services.

Staff services shall be provided to the Hearing Examiner by the City Clerk. Additional staff services may be provided by the Department of Planning and Community Development and the Technical Committee as the need arises. (Ord. 2588 § 2 (part), 2011).

4.28.080 Conflict of interest — Appearance of fairness.

A Hearing Examiner shall be disqualified from involvement in actions in which the Examiner has a financial interest or in which the appearance of fairness doctrine codified in Chapter 42.36 RCW requires disqualification. A financial interest shall be deemed to include, but not be limited to, their own interest or the interest of a client or employer. If the Examiner is disqualified or is otherwise unable to serve, the hearing shall be held by an alternate Hearing Examiner. (Ord. 2588 § 2 (part), 2011).

4.28.090 Disqualification.

Should a Hearing Examiner be disqualified, the City Clerk shall assign an alternate Hearing Examiner to conduct all hearings and duties involved in the hearing process. (Ord. 2588 § 2 (part), 2011).