HomeMy WebLinkAbout3961 SUMMARY OF ORDINANCE NO. 3961
This Ordinance sets forth a City wide uniform appeal process
to a Hearing Examiner.
SECTION 1: This section sets forth definitions.
SECTION 2: This section creates a Hearing Examiner
position. '~
SECTION 3: This section requires cooperation of City
officials with the Examiner.
SECTION 4: This section sets forth a method of hiring a
Hearing Examiner and qualifications for the Examiner.
SECTION 5: This section sets forth conflict of interest
provisions and requirements to keep the Examiner isolated from
improper influence by interested parties.
SECTION 6: This section provides for removal of the Hearing
Examiner.
SECTION 7: This section sets forth the jurisidiction of the
Hearing Examiner over different areas.
SECTION 8: This section defines the powers of the Hearing
Examiner, including the power to promulgate rules for the conduct
of hearings, administer oaths, receive evidence, and conduct
discovery procedures, issue subpoeanas, hold settlement
conferences, rule on procedural matters, take otherwise
authorized quasi-judicial actions. This section further provides
for a procedure of referral to the City Attorney where an order
of the Examiner is not complied with.
SECTION 9: This section provides for the application
procedure for an appeal from an administrative decision. A party
is given fourteen (14) days to appeal and is required to pay a
$75.00 filing fee. This section further provides that failure to
file a timely appeal waives the right to have the matter decided
by the Examiner.
SECTION 10: This section requires the City official whose
action is being complained against to deliver to the Hearing
Examiner a response to the appellant's objections and exceptions,
as well as provide the appropriate documentation to the Hearing
Examiner. The official is given ten (10) days to provide such a
response. This section also requires the Examiner to send the
response to the appellant. This section further indicates that
during the time before the appeal, the action of the
administrative officer shall be stayed and not enforced.
SECTION 11: This section provides for a hearing upon the
appeal application and provides for notice of a hearing date at
least fifteen (15) working days before the hearing to the parties.
The hearing notice will include a statement of the time, place
and nature of the proceeding, the legal authority under which the
hearing is to be held, a reference to the section of the
ordinance and rules involved, a short and plain statement of the
matter asserted, and an invitation to any interested parties to
submit information to the Hearing Examiner for the hearing. This
section further provides that the Examiner shall admit and give
probative effect to evidence. Evidence shall be made a part of
the record and the Examiner may take judicial notice of
judicially cognizable facts. The parties will be given the
opportunity, pursuant to this hearing, to respond and present
evidence and argument on all issues involved. Attorneys are not
allowed to participate in this process unless they are a party in
interest as defined in Section 1. After the hearing, the
Examiner can either close the hearing, continue it or invite
additional testimony. After that, the Hearing Examiner shall
make a decision.
SECTION 12: This section provides for a record of the
hearing, including questions and offers of proof, as well as
rulings of the Examiner, a statement of matters officially
noticed, a statement of all evidence received or considered, and
all testimony. The record shall also consist of the appeal
application, the response of the respondent City official or
department, and all documentary evidence received or considered
which is not in oral form. This section further provides that
all proceedings shall be recorded. A copy shall be transcribed
and furnished to any party, provided the party requesting the
record pays the costs. In the event the appellant loses before
the Hearing Examiner, he shall be entitled to appeal to the City
Council provided he pays for the cost of transcribing of the
record.
SECTION 13: This section requires the Hearing Examiner to
render a written decision within ten (10) working days after the
conclusion of the hearing. The Examiner's decision must include
a sun, mary of the evidence, findings of fact and conclusions of
law and order on the appeal application, a statement of the date
the Examiner's decision will become final unless appealed or
reconsidered.
SECTION 14: This section provides that the Examiner shall
file a written decision as a matter of public record and will
transmit, by certified mail, to the appellant and respondent.
Other interested parties who have requested the decision will be
mailed a copy.
SECTION 15: This section provides for reconsideration by
the aggrieved party to the Examiner. Request for reconsideration
shall set forth specific errors. Within five (5) days of
receiving the request for reconsideration, the Examiner may
either deny the request, issue a revised decision or schedule an
additional hearing. This section further indicates that the
aggrieved party must appeal his decision to the City Council
prior to seeking review in the Superior Court of Kitsap County.
SECTION 16: This section provides that if the appellant
prevails in front of the Hearing Examiner his filing fee shall be
returned.
SECTION 17: This section provides that the City Council may
review a decision of the Hearing Examiner on its own motion, by a
majority of the quorom of its membership. This must be done
within ten (10) working days from the date of the Hearing
Examiner's decision or within ten (10) working days from the
final action on a reconsideration request. Failure of the
Council to request review within that time period shall render
the Examiner's decision final and conclusive.
SECTION 18: This section sets forth the application
procedure for appeal of an Examiner's decision to City Council.
Ten (10) days is allowed for appeal and failure to follow the ten
(10) day appeal period is fatal to an appeal. Upon appeal, the
Office of the Hearing Examiner shall transmit to the City Clerk
the record in front of the Examiner as well as the written
decision that is being appealed. Appeal to the City Council
stays the effective date of the Examiner's decision until the
appeal is adjudicated by the Council or is withdrawn. This
section further provides that the City Clerk, upon the receipt of
an appeal shall, within five (5) working days, notify all parties
involved of the date, time and place for a City Council hearing.
This notice shall invite any parties, other than the appellant,
to submit written memoranda of law in support of their positions
to the Clerk in advance of the hearing by the Council. This
section further requires public notice of the hearing to be given
by the Clerk by publishing once in a newspaper of general
circulation in the City of Bremerton at least seven (7) calendar
days before the hearing.
SECTION 19: This section indicates that hearings before the
City Council shall be open to the public. A hearing must be set
within thirty (30) days from the filing of the appeal with the
Clerk or may be postponed or continued beyond the thirty (30)
days one time, but never more than ten (10) working days after
the date the hearing was first scheduled.
SECTION 20: This section gives the City Council, by a
two-thirds (2/3) majority of its membership, the ability to
accept, modify or reject the Examiner's decision or any findings
or conclusions therein. It further allows the Council to remand
the decision back to the Hearing Examiner. If the Council
rejects an Examiner's decision upholding an administrative
decision, Council shall remand the matter to the City official or
department responsible for further action as is appropriate with
the Council's order. Decision of the Council shall be set forth
by resolution. Council shall further make written findings of
fact, supported by evidence in the record and conclusions based
upon the findings supporting the Council's action. If new
evidence is presented to the Council, the Council shall remand
the matter back to the Examiner for further hearing. If Council
does reverse the Hearing Examiner's decision, the initial $75.00
filing fee shall be refunded to the appealing party.
SECTION 21: This section provides that the Council's
decision shall be filed as a public record and transmitted by
certified mail to the parties of record. Other interested
parties shall be notified of the decision by first class mail or
in person if requested.
SECTION 22: This section provides for a judicial review of
the City Council action by a Writ of Certiorari to Kitsap County
Superior Court for the purpose of review. Upon the filing of a
Writ, the City Council shall stay enforcement of its order and
decision pending judicial review.
SECTION 23: This section provides that where a party
appeals to Kitsap County Superior Court from a Council decision,
the appealing party must bear the cost of preparing the written
transcript of the proceedings.
Any person desiring the full text of the foregoing Ordinance
may so request from the City Clerk and it shall be provided
without charge.
APPROVED by the City Council on the first reading on May 15,
1985
PASSED by the City Council of the City of Bremerton, signed
by the Mayor and attested to by the City Clerk in authentication
of such passage on~.~ ~-i , 1985.
M6~R~E DAWKi~S, Mayor
City of Bremerton
ATTEST:
KATHLEEN L. MCCLUSKEY, City Clerk
Director of Administrative Services
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN
SECTION 1: Definitions - (a) Administrative decision: an
order, requirement, decision, or determination by a City official
or department governing the legal rights, duties, or privileges
o~ specific parties;
(b) Interested person: any individual, partnership,
corporation (public or private), association, or public or
private organization of any character affected by, or interested
in a proceeding before the examiner;
(c) Party of record: means any of the following-
1. The applicant;
2. The respondent City official or
department; or
3. An interested person found by the
examiner to be significantly
affected by, or interested in a
proceeding before the examiner,
and who testifies at a hearing or
submits timely written
documentation dealing with the
merits of the case being heard.
(d) Working day: means any day during which the City
aaministrative offices are open for normal business.
SECTION 2: Creation of the Hearing Examiner Position -
'there is created the Office of the Hearing Examiner. The
examiner shall conduct hearings on appeals of administrative
decisions in accordance with the provisions of this Chapter.
The term "examiner" as used herein shall include any substitute
examiners, as needed.
SECTION 3: Cooperation of City Officials - An examiner may
request and shall receive, so far as may be necessary in the
discharge of his or her duties, the assistance and cooperation of
o~ficials of the City.
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SECTION 4: Appointment - An examiner shall be appointed by
the Mayor, subject to confirmation by a majority of the City
Council. An examiner shall be an attorney having such expertise,
experience and educational background satisfactory to the Mayor
as to qualify the examiner to conduct quasi-judicial hearings,
and shall De appointed solely with regard to those qualifications
required to most effectively discharge the duties of the position.
The regular examiner shall be employed on a yearly contract
basis, to be negotiated. Substitute examiners may also be
contracted for to serve in the event of absence or inability of
the regular examiner to act. Examiners shall hold no other
elective or appointive office or position in the City of
Bremerton.
SECTION 5: Conflict of Interest and Freedom from Improper
Influence - An examiner shall not conduct or participate in any
hearing or decision in which he or she has a direct or indirect
personal interest which might influence or interfere with the
decision making process. Any actual or potential conflict of
interest shall be disclosed to the parties to a quasi-judicial
proceeding immediately upon discovery of such conflict, and the
examiner shall abstain from participating further in nhe hearing
if such continued participation would impair its fairness or the
appearance of fairness.
No person shall attempt to influence an examiner in any
matter pending before him or her, except publicly at a hearing
duly called for such purpose, or to interfere with an examiner in
the performance of his or her duties in any other way. Neither
shall the examiner initiate any ex parte contact with a party of
record nor solicit non-written responses from such party
concerning the merits of the appeal. An examiner shall reveal
any ex parte contact between himself and the parties of record
concerning an impending or pending proceeding, and if such
contact impairs the examiner's ability to act on the matter, he
or she shall so state and shall abstain therefrom to the end that
the proceeding is fair and has the appearance of fairness. The
restriction on ex parte contact with an examiner is not intended
to prohibit necessary or proper inquiries on matters such as scheduling,
but any such contacts are to be entered into the official record of the
hearing. Whenever possible, such inquiries and the responses to such
inquiries shall be in writing.
SECTION 6: Removal - An examiner may be removed from office by the
Mayor with concurrent majority vote of the City Council, or by 2/3 rds
vote of the full Council only.
SECTION 7: Jurisdiction - An examiner shall have jurisdiction to
receive and rule on appeals from certain administrative decisions as pro-
vided in the following Ordinances:
1. Business Licenses and Regulations, Title 5 of the
Municipal Code.
2. Health and Sanitation, Title 6 of the Municipal Code.
3. Peace, Safety and Morals, Title 9 of the Municipal
Code.
4. Parks and Recreation, Title 13 of the Municipal Code.
5. Water and Sewers, Title 15 of the Municipal Code.
6. Buildings and Construction, Title 17 of the Municipal
Code.
7. Fire, Title 18 of the Municipal Code.
SECTION 8: Powers - An examiner is empowered to conduct hearings
for the purpose of receiving and examining available information, prepare
a record thereof, and enter findings of fact and conclusions of law which
shall represent the final action on an application for review of an adminis-
trative decision, unless a timely petition for reconsideration is filed
pursuant to Section 15 or appeal to the City Council is made pursuant to Section
18.
In the performance of duties prescribed by this Chapter, an examiner
may:
1. Prescribe rules for the scheduling and conduct of hearings
including, but not limited to, rules to regulate for form and
duration of permissible testimony, rebuttal and cross-examination,
and any other
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procedural rules related to the examiner's duties. Ail
rules for the examiner shall be adopted by resolution by
the City Council.
2. Administer oaths and affirmations, examine
witnesses, rule upon offers of proof, receive relevant
evidence, and conduct discovery procedures which may
include propounding interrogatories and ta~ing oral
depositions pursuant to Washington State Court Rules;
provided, that no person shall be compelled to divulge
information which he or she could not be compelled
to divulge in a court of law.
3. Upon the request of any party to a quasi-
judicial hearing, including any respondent City official
or department, or upon his or her own volition, issue
and cause to be served subpoenas for the attendance of
witnesses and for production for examination of any books,
records, or other information in the possession or
under the control of any person; provided, that such
subpoena shall state the name and address of the witness
sought, and if for the production of books, documents or
things, shall specifically identify the same and the
relevance thereof to the issues involved.
4. hold conferences for the settlement or
simplification of the issues by consent of the parties.
5. Dispose cf procedural requests or similar matters.
6. Take any other action authorized by ordinance
or department rule consistent therewith.
In case of failure or refusal without lawful excuse of any
person duly subpoenaed to attend pursuant to such subpoena, or to
be sworn, or to answer any material and proper question, or to
produce upon reasonable notice any material or proper books or
records or o~her information in his possession and under his
control, the examiner may invoke the aid of the City Attorney who
shall apply to the appropriate court for an order or other court
action necessary to secure enforcement of the subpoena.
SECTION 9: Appeal from Administrative Decision --
Application Procedure - Appeals to the Office of the Hearing
Examiner from any administrative decision covered by the
provisions of this Chapter shall be made within fourteen (14)
calendar days from the date of an appealing party's notification
of the decision. The fourteen (14) day period shall be measured
from the date the party is actually notified of the
administrative decision, or if such notification be by mail to
the party, then from the date of mailing of such decision.
Appeal is initiated by filing a written application with the
secretary of the Office on a form provided for this purpose by
the Office, and shall include at a minimum the following
information: name, address and telephone number of appellant,
location of problem, decision being appealed, and applicable code
or ordinance. The application shall be accompanied by a filing
fee of seventy-five dollars ($75.00) which the secretary of the
Office shall insure is received by the City Treasurer. Said fee
shall be utilized to cover publication costs, mailing and other
costs directly associateG with the appeal. When it is found that
an application meets the ~iling requirements of this Section, it
shall be accepted. Failure of any person to file a timely appeal
of an administrative decision in accordance with the provisions
of this Section shall constitute a waiver of the right to an
adjudication before a hearing examiner.
SECTION 10: Action of Respondent City Official or
Department Subsequent to Filing of Appeal Application - Upon
acceptance of an appeal application, the secretary of the Office
of the Hearing Examiner shall deliver within two (2) working
days to the respondent City official or department whose decision
is being appealed:
1. A copy of the application; and
2. Notice of the date which the Office has set
for the hearing on the appeal.
The respondent shall be responsible for preparing a
written response to the appellant's objections and exceptions,
coordinating and assembling the reviews and recommendations of
other City departments and government agencies having an interest
in the subject application. Within ten (10) working days of the
receipt of a copy of the appeal application, the respondent shall
transmit the written response to the Office of the Hearing
Examiner along with the official City file concerning the action
appealed; PROVIDED, that in the event that information from
sources outside of City control which is required by the
respondent for its written response is not made available to the
respondent in sufficient time to allow a timely transmittal to
the Office, upon written request by the respondent the examiner
may reschedule the hearing and notify parties of record and other
interested parties. 5xcept for the submission of the response as
herein required, there shall be no other contacts betwen the
examiner and the respondent concerning the merits of the appeal.
At least twelve (12) working days prior to the scheduled hearing,
copies of the response shall be mailed to the appellant and shall
be made available for public inspection and copying. Copies
thereof shall be provided to interested parties upon payment of
reproduction costs. Enforcement of the administrative decision
being appealed to the examiner shall be stayed during the
pendency of the appeal which has been properly and timely
filed, and during the pendency of any reconsideration or appeal
to the City Council.
SECTION 11: Notice and Hearing - Before rendering a
decision on any appeal application, an examiner shall hold at
least one hearing thereon. Said hearing shall be open to the
public if requested by the appellant or otherwise required by the
Open Meetings Act. The Office of the Hearing Examiner shall
assign a date for the hearing in accordance with its rules on
scheduling, and notice in writing shall be sent not less than
fifteen (15) working days before the hearing to parties of
record and any interested party who has requested notice of the
hearing and has prepaid notification costs. The notice shall
include:
1. A statement of the time, place and
nature of the proceeding;
2. A statement of the legal authority and
jurisdiction under which the hearing is to be held;
3. A reference to the particular sections of
the ordinance and rules involved;
4. A short and plain statement of the matter
asserted;
5. An invitation to any interested parties to
submit information in writing to the Office of the
Hearing Examiner in advance of the hearing and an
invitation to review any information submitted to
the Office ~uring the seven (7) calendar days preceding
the hearing.
~he examiner presiding at a hearing shall admit and give
probative effect to evidence which possesses probative value
commonly accepted by reasonably prudent persons in the conduct of
their affairs and shall give effect ~o the rules of privilege
recognized by law. All evidence, including records and documents
in the possession of the respondent City official or department
which the examiner desires to consider, shall be offered and made
a part of the record. Examiners may take notice of judicially
cognizable facts and of general, technical, or scientific facts
within their specialized knowledge in the evaluation of the
evidence presented to them; PROVIDED, that parties shall be
notified during the hearing of the material so noticed, and they
shall be afforded an opportunity to contest the ~acts so noticed.
Opportunity shall be afforded the parties of record to
respond and present evidence and argument on all issues involved,
in accordance with rules adopted before an examiner. No attorney
at law nor any person other than the appellant and respondent
shall concern himself or in any manner interfere with the process
o~ an appeal before an examiner without the consent of the
examiner. After all parties have had an opportunity to speak,
the examiner shall either close the hearing, continue the hearing
to a specified date, or invite additional testimony restricted
only to issues which, in the opinion of the examiner, there is a
need for additional testimony, an~ thereafter the hearing shall
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be closed or continued to a specified date. A continued hearing
to a specified date may be restricted to testimony or evidence on
specific aspects of the case. No information may be submitted
after the close of the hearing unless, in the opinion of the
examiner, additional opportunity for testimony is warranted. In
such case, the hearing may be reopened upon five (5) working
days written notice to all parties who participated at the first
hearing.
$~CTION 12: Record of the Hearing - The oral record of a
hearing before an examiner shall include:
1. Questions and offers or proof, and rulings thereon;
2. A statement of matters officially noticed;
3. A statement of all evidence received or considered;
and
4. All testimony given.
The non-oral record before an examiner shall include:
1. The appeal application of the appellant;
2. The written response of the respondent City
official or department; and
3. All evidence received or considered which was not
in oral form, including any written submissions received
by the Office of the Hearing Examiner from interested
parties prior to the hearing.
Oral proceedings before an examiner shall be electronically
recorded. A copy of the oral record or any part thereof shall be
transcribed and furnished to any party to the hearing upon
request therefor and payment of the reasonable costs thereof. If
a decision rendered by an examiner affirms the administrative
decision appealed against, and the appellant subsequently takes a
timely appeal of the examiner's decision to the City Council, the
appellant shall be required 'to bear the cost of a verbatim
transcription of the oral proceedings before the examiner. If
the seventy-five dollar ($75.00) filing fee which accompanied the
appeal application submitted to the Office of the Hearing
Examiner is insufficient to cover transcription costs after other
costs directly associated with the appeal have been deducted, an
additional fee to defray the cost of preparing a written
transcript shall be assessed to the appellant. The secretary of
the Office shall not transmit to the City Clerk the record of the
proceedings before the examiner unless and until the appellant
has paid said fee and a written transcript has been prepared.
SECTION 13: Examiner's decision - Within ten (10)
working days of the conclusion of a hearing, unless a longer
period is agreed to in writing by the appellant, the examiner
shall render a written decision which must include the following:
1. A brief summary of the evidence considered;
2. Findings of fact and conclusions of law
based upon and supported by the record;
3. An order on the appeal application to reverse,
affirm, or modify, wholly or in part, the administrative
order, requirement, decision or determination appealed
from. The examiner shall have all powers of the official
from whom the appeal is being taken, insofar as the
administrative decision on the particular issue is
concerned, and the examiner may make such order,
requirement, decision or determination as should be
made in explicit conformity with the applicable code
oF ordinance. The examiner's order shall state the
manner in which it is based on the findings and
conclusions.
4. A statement of the date the examiner's
decision will become final unless a petition for
reconsideration is filed or further appeal is made to
the City Council, together with a description of the
procedures for such reconsideration and appeal.
SECTION 14: Notice and Effect of the Examiner's Decision -
Upon the rendering of a written decision by an examiner, it shall
be filed as a public record and copies thereof shall be
transmitted by certified mail, return receipt requested, to the
appellant and respondent. Other interested parties, upon request
and payment of reasonable costs for transcription and delivery,
shall be notified of the decision by first class mail or in
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person. The decision of the examiner shall be final and
conclusive unless a timely petition for reconsideration is filed
with the Office of the Hearing Examiner or appeal is taken to the
City Council in accordance with the provisions of this Chapter.
SECTION 15: Reconsideration - Any aggrieved party who is
identified as a party of record in any initial hearing before an
examiner in 'the appeal of a particular administrative decision
may make a written request for reconsideration by the examiner
within ten (10) working days after the written decision of the
examiner has been rendered. This request shall set forth
specific errors relating to:
1. Erroneous procedure;
2. Errors of law objected to at the public
hearing by the party requesting reconsideration;
3. Incomplete record;
4. An error in interpreting relevant codes
or ordinances;
5. Newly discovered material evidence which could
not, with reasonable diligence, have been discovered
and presented at the initial hearing. This does not
include evidence which was available at the time of
the prior hearing, but simply not presented at that time
for whatever reason.
The examiner, in his or her discretion, shall determine what
further action is proper and, within five (5) working days after
~he due date of receiving requests for reconsideration, shall
issue that determination in writing in the same manner as
provided for in Section 14. The examiner may either:
1. Deny the request for reconsideration;
2. Issue a revised decision; or
3. Schedule an additional public hearing.
The examiner shall summarily dismiss a request for
reconsideration that is without merit on its face or brought
merely to secure a delay.
Should an aggrieved party who is identified as a party of
record desire to seek judicial review of the examiner's decision,
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it shall not be deemed necessary for the party to first seek a
reconsideration of the decision to satisfy the doctrine of the
exhaustion of administrative remedies; EXCEPT, that an aggrieved
party other than a City official or department must appeal the
final decision of an examiner to the City Council before seeking
review of said decision in the Superior Court of Kitsap County.
A respondent City official or department aggrieved by an
examiner's decision may seek a reconsideration of that decision,
but may neither appeal the final decision of the examiner to the
Council nor seek judicial review on any grounds.
SECTION 16: Refund of Filing Fee - If a decision rendered
by an examiner reverses or substantially modifies the
administrative decision appealed againstw the seventy-five dollar
($75.00) filing fee accompanying the appeal application to the
Office of the Hearing Examiner shall be returned to the
applicant.
SECTION 17: City Council Review of Examiner's Decision on
its own Motion - '~he City Council, on its own motion and by the
vote o~ at least a majority o~ a quorum of its membership, may
review an examiner's written decision within ten (10) working
days from the date of the examiner's written decision or within
ten (10) working days from the final action on a reconsideration
request by a party of record. Any decision rendered by the
examiner shall be final and conclusive if review by the Council
is not initiated within the prescribed limitations period.
SECTION 18: Appeal to the City Council from the Examiner's
Decision -- Application Procedure - Any aggrieved person who is
identified as a party of record in any hearing before an
examiner, other than a City official or department, may appeal
the examiner's decision to the City Council by ~iling a timely
written application with the City Clerk on a form provided for
this purpose. Any decision rendered by the examiner shall be
final and conclusive unless an appeal is filed within ten (10)
working days from the date of the examiner's written decision or
within ten (10) working days from the final action on the
reconsideration request. The appeal application shall include at
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a minimum a specific statement alleging the error or issue which
the City Council is being asked to consider. When it is found
that an application meets the filing requirements of this
Section, it shall be accepted. Upon written notification of the
appeal by the City Clerk to the secretary of the Office of the
Heaing Examiner, the secretary shall forthwith transmit to the
City Clerk all that which constitutes the record upon which the
examiner's written decision that is being appealed was made, as
well as the examiner's decision itself; PROVIDED, that the
appellant has paid any excess costs of preparing a written
transcript of the proceedings before the examiner pursuant to the
provisions of Section 12. The timely filing of an appeal to the
City Council shall stay the effective date of the examiner's
decision until such time as the appeal is adjudicated by the
Council or is withdrawn.
Within five (5) working days following the timely filing of
an appeal, notice thereof and of the date, time and place for
City Council consideration shall be mailed by the City Clerk to
the party taking the appeal, any other parties of record, and to
any interested person who requests notice of the hearing and has
prepaid notification costs. Such notice shall invite any parties
o~ record other than the appellant to submit written memoranda of
law, in support of their positions with regard to the matter
appealed, to the City Clerk in advance of the hearing before the
Council. Public notice of the hearing shall be given by the
Clerk by publication at least once in a newspaper of general
circulation in the City of Bremerton, at least seven (7) calendar
days before the hearing.
SACTION 19: City Council Consideration - An examiner's
decision which has been timely appealed to the City Council
pursuant to Section 18 shall be scheduled for a hearing by the
City Clerk. The hearing shall be open to the public if requested
by the appellant or otherwise required by the Open Meetings Act.
A hearing before the Council shall be set for a date to be
not more than thirty (30) calendar days from the filing o~ the
appeal with the Clerk, and may be postponed or continued beyond
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the thirty days not more than one time and never more than ten
(10) working days after [he date the hearing was first scheduled.
Notice to the parties of record of the hearing date before the
Council shall be given not less than fourteen (14) calendar days
before that date.
SECTION 20: City Council Action - The City Council, by a
majority consisting of two-thirds (2/3) of its membership, may
accept, modify, or reject the examiner's decision, or any
findings or conclusions therein, or may remand the decision to
the examiner for reconsideration or rehearing. If the council
rejects an examiner's decision upholding an administrative
decision originally appealed against, the Council shall remand
the matter to the City official or department responsible for the
administrative decision for further action consistent with the
Council's finding that the appeal was merited.
Any appeal from an examiner's decision requiring action by
[he City Council other than remand to that examiner shall be
taken by the adoption of a resolution. When taking any such
final action, the Council shall make and enter written findings
of fact supported by substantial evidence in the record and
conclusions based upon the findings which support the council's
actions; if the council renders a decision different from the
decision of the examiner, the Council's decision must be
supported by such findings and conclusions as will clearly
indicate that the examiner's decision was inconsistent with the
evidence in the record that was before him or her. If it appears
to the Council that there is additional information which should
have been supplied to the examiner, or otherwise feels that the
examiner should reconsider his or her decision, the Council's
remand to the examiner for further consideration and possible
rehearing may specify information to be considered or to be
provided by City departments or other sources.
If the City Council rejects an examiner's decision upholding
an administrative decision originally appealed against, and the
Council remands the matter to the City official or department
responsible for the administrative decision for action consistent
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with the Council's finding that the appeal was merited, the
seventy-five dollar ($75.00) filing fee accompanying the appeal
application to the Office of the Hearing Examiner shall be
returned to the appellant, as well as any additional fee assessed
to defray the cost of preparing a verbatim written transcript of
any hearing before the examiner.
SECTION 21: Notice of the City Council's Decision - Upon
the rendering of a written decision by the City Council, it shall
be filed as a public record and copies thereof shall be
transmitted by certified mail, return receipt requested, to the
parties of record. Other interested parties, upon request and
payment of reasonable costs for transcription and delivery, shall
be notified of the decision by first class mail or in person.
SECTION 22: Appeals from the City Council's Action
--Judicial Review - The action of the City Council approving,
modifying or rejecting the decision of an examiner, shall be
~inal and conclusive unless within thirty (30) calendar days from
the date of an aggrieved party's notification of the Council's
decision such party applies for a Writ of Certiorari to the
Ki%sap County Superior Court for 'the purpose o£ review of the
action taken. The thirty day period shall be measured from the
date the party is actually notified of the City Council's
decision, or if such notification be by mail to a party, %hen
from the date of mailing of such decision; and if an aggrieved
person other than a party, then from the date of the Council's
decision. Upon the filing of a Writ, the City Council shall stay
enforcement of its order or decision pending such judicial
review.
SECTION 23: Payment of Cost of Transcription of Verbatim
Written Transcript - Whenever the City is required to prepare a
verbatim written transcript of any proceedings of the City in
response to a Writ of Certiorari or other action filed in the
Superior Court, the cost of preparing the same shall be borne by
the party filing 'the action. Within ten (10) calendar days of
the service of such Writ on the City, the City Clerk shall notify
the party filing the action that it will be necessary for the
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City to prepare a verbatim written transcript of the proceedings
involved. In such notice, the Clerk shall state the date and
subject matter of the public hearing(s) involved and the
estimated cost of the preparation of the transcript, including
copying costs. Within ten (10) calendar days of the receipt of
such notification, the party filing such action shall pay said
estimated cost to the City Clerk and 'the Clerk shall thereafter
make provision ~or the preparation of the transcript.
Should the actual cost incurred by the City in preparation
of the transcript exceed the amount deposited with the City
Clerk, the party making such deposit shall be required 'to
reimburse the City for such additional amount within ten (10)
calendar days of notification that such amount is due. Should
the actual cost incurred by the City be less than the estimated
cost deposited, such credit due shall be reimbursed by the City
to the party making the deposit.
APRROVED by the City Council on the first reading this
day of ~_~ , 1985.
PASSED by//he City Council of the City of Bremerton, signed
by the Mayor and attested to by the City Clerk in authentication
of such passage this ~-~ day of ~ . , 1985.
M~IE D~WK~N~, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk
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