HomeMy WebLinkAbout05/15/2024 CITY COUNCIL AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
* * * A M E N D E D * * *
WEDNESDAY, MAY 15, 2024
CITY COUNCIL HYBRID MEETING AGENDA
Most Council Members and staff will be participating in the meeting in-person, and the public is invited to
attend. Or beginning at 5:30 PM, the public may participate remotely through one of the following options:
To stream online only (via BKAT Feed, with no interaction possible):
https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live
Members of the public are invited to join the Zoom Meeting by clicking on the link below:
https://bremertonwa-gov.zoom.us/j/89694813320?pwd=Z0JvSXNhSFp1c0xhL1NxUjRhN20xUT09
Or One tap mobile:
US: +12532050468,,89694813320#,,,,*173061# or +12532158782,,89694813320#,,,,*173061#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 253 205 0468 or +1 253 215 8782 or +1 669 444 9171 or +1 669 900 6833
Webinar ID: 896 9481 3320
Passcode: 173061
Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. Review of Agenda
B. General Council Business (Only as necessary…)
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
3. MAYOR'S REPORT
4. CONSENT AGENDA
A. Claims and Check Register
B. Meeting Minutes – May 1, 2024
C. Study Session Minutes – May 8, 2024
D. Confirm Mayor’s appointment of Peregrin K. Sorter as Administrative Hearing Examiner and
approval of associated Professional Services Agreement
E. Ordinance No. 5492 amending Section 2.50.032 of the Bremerton Municipal Code entitled
“Actual Salary Rate”
5. PUBLIC RECOGNITION – To address the Council on any issues not already on the agenda.
Please state your name for the record in person, and limit your comments to under 3-minutes
6. GENERAL BUSINESS – There are no General Business Items tonight…
7. COUNCIL MEMBER REPORTS
Continued on next page…
Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting.
8. EXECUTIVE SESSIONS – No proposed action…
A. 10-Minutes to discuss with Legal Counsel “Current or Potential Litigation”
as allowed under RCW 42.30.110(1)(i);
10-Minutes to discuss with Legal Counsel “Legal Risks of Current or Proposed Action”
as allowed under RCW 42.30.110(1)(i); and
10-Minutes to discuss with Legal Counsel “Legal Risks of Current or Proposed Action”
as allowed under RCW 42.30.110(1)(i)
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
AGENDA BILL
CITY OF BREMERTON
CITY COUNC IL
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: May 15, 2024
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 406874-407042 and EFT Numbers V40896-V40994 in the grand total
amount of $2,709,538.64
2. Regular Payroll for pay period ending April 30, 2024 in the amount of $1,095,843.12
3. Regular Payroll Payout for pay period ending April 30, 2024 in the amount of $12,133.28
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the consent agenda as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
4A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting – May 1,
2024
Study Session Date: N/A
COUNCIL MEETING Date: May 15, 2024
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on May 1, 2024 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the May 1, 2024 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
4B
2
DIGITAL RECORDING
CITY COUNCIL HYBRID MEETING MINUTES
Wednesday, May 1, 2024
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, May
1, 2024, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345
6th Street, Bremerton, Washington, with Council President Jennifer Chamberlin presiding. Council
Members present were Eric Younger, Anna Mockler, Michael Goodnow, Jane Rebelowski, Jeff
Coughlin, and Denise Frey. At 5:30 PM, the meeting moved to the First Floor Meeting Chambers. Also
present were City Attorney Kylie Finnell, Assistant City Attorney Brett Jette, City Clerk Angela Hoover,
Legislative Officer Manager Lori Smith, and IT Manager Dave Sorensen.
President Chamberlin announced the City Council is conducting the Council Meeting in-person with
an option for the public to join in person, participate remotely via Zoom (except Public Recognition
until hate speech can be addressed), or view on BKAT, because community involvement is
encouraged. Anyone may request special accommodation to participate in Public Recognition
remotely via Zoom up to 24 hours before every Council Meeting, through the City Clerk, by contacting
(360) 473-5323.
MAYOR’S REPORT – Provided highlights on the following…
Ford Lightning Service Vehicle, the City’s first all-electric service vehicle
Washington Avenue & 11th Street Improvement Project, including roundabout
View Ridge Elementary Safe Routes to School Project Public Meeting on May 21 at 4:30 PM
Drinking Water Week from May 5 to 11, 2024
Demolition of the old Harrison Hospital building
Encouraged anyone if they get the chance, to participate in the Poggie Club’s Kid’s Fishing Day
CONSENT AGENDA
4A – Check Numbers 406722 through 406873 and Electronic Fund Transfers V40797 through
V40895 in the grand total amount of $3,495,004.29; Regular Payroll for pay period ending
April 15, 2024 in the amount of $1,107,193.51; Regular Payroll Payout for pay period ending
April 15, 2024 in the amount of $6,314.14; and Retiree Payroll for pay period ending April 30,
2024 in the amount of $39,312.55
4B – Minutes of Meeting – April 17, 2024
4C – Minutes of Study Session – April 24, 2024
4D – Confirm Reappointment of Jay Montgomery to the BKAT Citizens Advisory Committee
4E – Confirm Reappointment of Sheldon Parr to the BKAT Citizens Advisory Committee
4F – Memorandum of Understanding Agreement for Kitsap Special Assault Investigations and
Victim’s Services
4G – Appointments to Committees to Write Statements “For” and “Against” EMS Levy
Comments from the public were provided by Roy Runyon (Item 4G).
5:39 PM M/S/C/U (Mockler/Rebelowski) Move to approve the CONSENT AGENDA as presented.
Motion carried unanimously.
President Chamberlin provided a reminder that no public comment is allowed via Zoom, unless prior
arrangements have been made. And again, to request special accommodations through the City
Clerk at least 24-hours before the meeting. Lastly, since it’s election season, to avoid comments on
any ballot measures or candidates.
City Council Reg. Mtg. Minutes
Wednesday, May 1, 2024
Page 2 of 3
PUBLIC RECOGNITION – Questions and comments from the public were provided by Mary Lou
Long, Marwan Cameron, Roy Runyon, and Jamie Rogayan of Café Rendezvous (with a letter)…
GENERAL BUSINESS – There were no General Business items…
COUNCIL MEMBER REPORTS
Denise Frey will join with Council Member Coughlin and the Kitsap Historic Museum to propose a
Resolution to rename the “Eastside Village” to the “Harrison District” in District 2; provided an update
on the “Rethinking Shelter” program and the ongoing search for new property for a low barrier shelter;
was pleased to attend the “Bike Everywhere Lunch” benefitting Cascade Bicycle Club in Seattle
yesterday with fellow Council Members Jane Rebelowski and Jeff Coughlin; and was thrilled to stop
by for Senior Night at Bremerton High School for the Knights fast pitch baseball team.
Jeff Coughlin encouraged members of the public to submit an application to serve on a City Board or
Committee; thanked City Water Manager Cami Apfelbeck for providing a history on the City of
Bremerton Water System at a recent Kitsap History Museum event; thanked Parks Director Jeff
Elevado for his 43 years of service, and thanked him for the grant obtained to make playground
equipment upgrades at Evergreen Rotary Park; appreciated the meeting organized by the City to
present 4th Street business owners with a report on the Quincy Square Improvements Parking Plan;
noted some parking sign updates and corrections made in response to citizen complaints; and was
pleased with an excellent Public Service video shown on BKAT by the City to encourage Carpooling.
Jane Rebelowski invited everyone to her next District 4 Townhall Meeting tomorrow, on Thursday,
May 2 from 5:00 to 6:30 PM at the Bremerton High School Career Center Building where Joe Crain
will provide a presentation on the St. Vincent DePaul Campus Revitalization Project; acknowledged
that today was “International Workers Day”; and was not only saddened by a story told at the
Cascade Bicycle Club Luncheon about a boy hit and killed in a crosswalk, but was stunned that the
rapid flashing beacon light was also hit and still lying on the ground, along with the sign memorializing
the young man, and cautioned drivers to please watch out for pedestrians and bicyclists; and also
encouraged carpooling.
Michael Goodnow gave a shoutout to the merchants down on Callow Avenue; acknowledged all the
activity going on in Charleston Business District right now; and encouraged the public to please come
down and visit.
Anna Mockler summarized the history of International Works Day; also encouraged visiting Callow
Avenue, especially this week for First Friday; mentioned she will talk more later about her idea for a
circular bus to transport First Friday attendees between downtown and Callow Avenue; noted the start
of a new business by a few constituents called the People’s Exchange for a community building
enterprise at 339 Callow Avenue; hoped the City would soon address the highly invasive scotch
broom taking over an area near Lulu Haddon Park; and invited the public to the next District 6 Town
Hall Meeting on Monday, May 13, 2024 from 4:00 to 6:00 PM at the Oyster Bay Public Works Facility.
Jennifer Chamberlin wished Parks Director Jeff Elevado a happy retirement; and acknowledged that
pickle ball and other spring sports are bustling now that spring is here.
President Chamberlin announced the next Study Session will be on Wednesday, May 8 beginning at
5:00 PM in the 6th Floor Council Conference Room of the Norm Dicks Government Center, and the
public is welcome and encouraged to attend in-person or remotely via Zoom, but there will be no
opportunity to comment, and that written comments are welcome anytime.
City Council Reg. Mtg. Minutes
Wednesday, May 1, 2024
Page 3 of 3
EXECUTIVE SESSIONS
At 6:12 PM, President Chamberlin announced the Council would meet for 20-minutes to discuss
“Legal Risks of Proposed Action” as allowed under RCW 42.30.110(1)(i); followed by 10-Minutes to
discuss “Potential Litigation” as allowed under RCW 42.30.110 (1) (i), with action anticipated…
At 6:42 PM, President Chamberlin called the meeting back to order; and asked Assistant City
Attorney Brett Jette to explain the action before the Council and to read t he Motion for the record.
Questions from the public were provided by Roy Runyon; with a response provided by Mr. Jette…
6:46 PM M/S/C/U (Coughlin/Mockler) Move to approve the Janssen Washington State Opioid
Settlement Agreement; and authorize the Mayor to execute the subdivision settlement and release
forms in the same or similar form as presented.
Motion carried unanimously.
With no further business, President Chamberlin adjourned the Council Meeting at 6:46 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 15th day of May, 2024.
________________________________________
JENNIFER CHAMBERLIN, City Council President
Attest:
________________________________________
ANGELA HOOVER, City Clerk
JC:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Study Session –
May 8, 2024
Study Session Date: N/A
COUNCIL MEETING Date: May 15, 2024
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Study Session held on May 8, 2024 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the May 8, 2024 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
4C
2
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, May 8, 2024
A Study Session of the City Council of the City of Bremerton was called to order on Wednesday,
May 8, 2024 at 5:00 PM in Council Conference Room 603 located in the Norm Dicks Government
Center at 345 6th Street, with Council President Jennifer Chamberlin presiding. Other Council
Members present were Denise Frey (remotely), Jeff Coughlin, Jane Rebelowski, Michael Goodnow,
Anna Mockler, and Eric Younger. Legislative Office Manager Lori Smith provided staff support.
President Chamberlin established that the Study Session is open for the public to attend in person
or view remotely, but there will be no opportunities for input; the content of these items is subject to
change, no action is anticipated; and announced that tonight’s agenda was amended to pull Items
A2 and A3.
Any of the items approved for action by the Council tonight, will be placed on the May 15, 2024 City
Council Meeting Agenda or as otherwise determined. She further established that a recording will
be available online within a few days following the meeting.
A. BRIEFINGS ON AGENDA BILL ITEMS
1. Confirm Appointment of Peregrin K. Sorter as Administrative Hearing Examiner and
Approval of Professional Services Agreement Consent Agenda
2. Contract Award for Reservoir 17 – Interior Coating Replacement Item pulled
3. Select Funding Alternative to close design funding gap for Warren Avenue Bridge Project
Item pulled
4. Proposed Ordinance amending Section 2.50.032 of the Bremerton Municipal Code entitled
“Actual Salary Rate” Consent Agenda
5. Council Review of Parks & Recreation Director Job Description Continued to May 22
Study Session
President Chamberlin turned the gavel over to Vice Present Mockler from 6:00 to 6:27 PM…
B. INFORMATION ONLY – Department-led topics…
1. Update on DEI Program – Legal Departments, Human Resources, and Contract
Administrator
2. Briefing on Do’s & Don’ts during Election Season – Legal Department
President Chamberlin called a break from 7:00 to 7:10 PM…
C. GENERAL COUNCIL BUSINESS
1. Constituent FAQs Links for Council Webpage – Council Vice President Anna Mockler
2. Pride Recognition in the City of Bremerton – President Jennifer Chamberlin
3. Public Safety Committee Briefing (Last Meeting 5/02/2024) – Chair Denise Frey
4. Regional and Other Committee/Board Briefings
5. Other General Council Business (For good of the order, and as time allows…)
President Chamberlin announced that due to the Juneteenth Holiday landing on a Wednesday, per
RCW 42.30.070, the meeting is automatically rescheduled to the following day on Thursday, June 20,
unless Council agrees to cancel the meeting. It’s not possible to reschedule the meeting to Monday or
Tuesday, because the Meeting Chambers is not available. Discussion will be continued to the June
12 Study Session.
City Council Study Session Minutes
Wednesday, May 8, 2024
Page 2 of 2
She then announced that the next Council Meeting will be on Wednesday, May 15, 2024 beginning at
5:30 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center; and announced
that the public is invited to attend in person or remotely, and any special accommodations to speak
via Zoom during Public Recognition may be requested through the City Clerk by calling (360) 473-
5323 at least 24-hours prior to the meeting.
With no further business, the Study Session was adjourned at 8:40 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 15th day of May, 2024.
JENNIFER CHAMBERLIN, Council President
ATTEST:
______________________________
ANGELA HOOVER, City Clerk
JC:AH:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of
Peregrin K. Sorter as Administrative Hearing
Examiner and Approval of Professional
Services Agreement
Study Session Date: May 8, 2024
COUNCIL MEETING Date: May 15, 2024
Department: DCD
Presenter: Andrea Spencer
Phone: (360) 473-5283
SUMMARY:
The Bremerton Municipal Code (BMC) chapter 2.13 establishes that the City will have an
Administrative Hearing Examiner (“Examiner”) to review and interpret land use regulations, conduct
hearings, render decisions, and hear other matters as provided for in the BMC and other ordinances.
In 2023 Alex Sidles, PLLC was appointed the City’s Administrative Hearing Examiner, and in March
2024 we were notified that Mr. Sidles was being appointed to the Washinton State Growth
Management Hearings Board and would no longer be able to serve as our Examiner after May 31,
2024.
The Department of Community Development sent out a Request for Quotes (RFQ) which closed on
April 26, 2024. Based on the RFQ responses, a review of the applicant’s qualifications and
consideration of cost, Peregrin K. Sorter, Laminar Law, PLLC was selected to serve as the City’s
new Examiner. The BMC requires that the selection of the Examiner be confirmed by the City
Council. Mayor Wheeler proposes the appointment of the Administrative Hearing Examiner pursuant
to the terms of the attached Professional Services Agreement. The annual cost for this contract will
be approximately $40,000, with potential additional costs if additional hearings are required.
ATTACHMENTS:
Professional Services Agreement with Peregrin Sorter, Laminar Law PLLC
Request for Qualifications
Statement of Qualifications
Bremerton Municipal Code 2.13 – Administrative Hearing Examiner
FISCAL IMPACTS (Include Budgeted Amount): This annual expenditure is budgeted
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the appointment of Peregrin K. Sorter, Laminar Law PLLC as the City’s
Administrative Hearing Examiner and authorize the Mayor finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
4D
Page 1 of 7
Bremerton/[Laminar Law, PLLC]
[Administrative Hearing Examiner]
Rev. 04/2023
PROFESSIONAL SERVICES AGREEMENT
CITY OF BREMERTON ADMINISTRATIVE HEARING EXAMINER
The City of Bremerton (“City”) and Laminar Law, PLCC (“Consultant”), referred to
collectively as the “Parties,” enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated April 29 2024, including any attachments thereto, attached hereto as Exhibit
A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant
to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional
services such services shall only be performed upon the express written request of the City.
Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices in effect at the time such services are
performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A beginning June 1, 2024. The parties agree that the work described in Exhibit A is to be
completed as provided for in the work schedule attached hereto as Exhibit A; provided however,
that additional time shall be granted by the City for excusable delays or extra work as provided for
in Section X.A of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $ 3,300 per month plus $ 225.00 per hour for
services provided in excess of twelve hearings per year. Consultant’s charges and bills shall
conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon re ceipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as
delineated in Exhibit A.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
A.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
Page 2 of 7
Bremerton/[Laminar Law, PLLC]
[Administrative Hearing Examiner]
Rev. 04/2023
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Consultant and its personnel are independent Consultants and not employees of the
City. Consultant and its personnel have no authority to bind the City or to control the City’s
employees and other Consultants. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub-consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub-consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City’s administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement except for that portion of the injuries and damages caused by the
City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B. Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
Page 3 of 7
Bremerton/[Laminar Law, PLLC]
[Administrative Hearing Examiner]
Rev. 04/2023
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU) if applicable; and
2. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
3. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington
and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an “occurrence” basis except professional
liability insurance (if required), which may be provided on a “claims-made” basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
Page 4 of 7
Bremerton/[Laminar Law, PLLC]
[Administrative Hearing Examiner]
Rev. 04/2023
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof
of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
In the event that the Consultant employs other consultants or Consultants (sub-consultants
or sub-Consultants) as part of the work covered by this Agreement, it shall be the Consultant’s
responsibility to require and confirm that each sub-consultant or sub-Consultant meets the
minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed
amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be safeguarded by the
Consultant to at least the same extent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Tacoma, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City’s sole risk.
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Bremerton/[Laminar Law, PLLC]
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C. Use of Photographs and Images. Consultant shall not use or distribute photographs
or images depicting City officials, personnel, property, or equipment whether prepared by
Consultant or provided by City without prior written consent of the City. The City will not
unreasonably withhold its consent.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in
the performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Tacoma, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Notices to be sent to: Notices to be sent to:
CITY: CONSULTANT:
Attn:ANDREA SPENCER Attn: PEREGRIN K. SORTER
City of Bremerton LAMINAR LAW, PLLC
345 6th Street, Suite 100 1919 N. Union Avenue
Bremerton, WA 98337-1891 Tacoma, WA 98406
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
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in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney’s fees.
O. Assignment: Any assignment of this agreement by the Consultant without the
written consent of the City shall be void.
VIII. Equal Employment Opportunity Statement: In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subConsultants, or any person
acting on behalf of Consultant shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,
military status, or the presence of any physical, mental or sensory disability.
IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability
in programs and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment
and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
X. Termination: This Agreement shall remain in force until completion and acceptance of
the services. This Agreement can be terminated by either party providing 60 days’ notice of
termination. This Agreement may be immediately terminated for cause by a Party if the other
Party substantially fails to perform through no fault of the terminating Party, and the non -
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party’s sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described
in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor
shall Consultant be charged with liquidated damages for any delays in the completion of the work
due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
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equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any
acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not
reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond
the control and without the fault or negligence of the Consultant, including, but not restricted to,
acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that
the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause
of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly
excusable, the City shall, in writing, extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
XI. Suspension & Debarment. For contracts involving Washington State and Federal
funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any State or Federal department or
agency. Consultant shall provide immediate written notice to the City if at any time it learns that
it is or has become ineligible for certification. Should Consultant enter into a covered transaction
with another firm, Consultant agrees by signing this agreement that it will verify that the firm
with whom it intends to do business is not debarred, suspended, ineligible, excluded or
disqualified.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY: CONSULTANT:
CITY OF BREMERTON Laminar Law, PLLC
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk
EXHIBIT A
April 29, 2024
SCOPE OF WORK
ESTABLISHMENT OF ADMINISTRATIVE HEARING EXAMINER. The City of Bremerton Establishes
Peregrin K. Sorter and Laminar Law, a Professional Limited Liability Company (PLLC), to serve as
the City’s Administrative Hearing Examiner pursuant to Bremerton Municipal Code (BMC) 2.13.
JURISDICTION. Laminar Law, PLLC will have the jurisdiction established in BMC 2.13.070.
DUTIES. Laminar Law, PLCC will fulfill the duties as established in BMC 2.13.080.
CONDUCT, PROCEDURES, AND DECISIONS. Laminar Law, PLLC will follow the provisions
outlined in BMC 2.13 that allows the establishment organizational rules for conducting hearings
and agrees to render decisions, recommendations, and reconsiderations pursuant to the
provisions contained in the subsections of BMC 2.13.
TERM
This Agreement will continue in full force and effect until terminated. The parties agree that this
contract can be terminated by either party giving 60-day written notice of termination.
COMPENSATION
Compensation for the Administrative Hearing Examiner shall be a flat fee of $3,300.00 per
month. In a calendar year, this rate will include twelve days of hearings and all duties and
activities set forth above. In the event the City of Bremerton needs to schedule additional
hearing days, these hearing will be billed at the rate of $225.00 per hour. Any hearing scheduled
outside of the regular hearing date should be held on a mutually agreed upon date and time.
Invoices shall be payable 30 days upon receipt. Upon termination of this Agreement, matters
pending shall be completed and compensated pursuant to this compensation schedule. Final
payment shall be withheld until all Findings of Fact and Conclusions of Law have been received .
REQUEST FOR QUOTES
ADMINISTRATIVE HEARING EXAMINER SERVICES
PROPOSALS DUE: Noon Friday April 26, 2024
The City of Bremerton (City) utilizes a Hearing Examiner system for considering and
acting on quasi-judicial land use actions, code enforcement cases, technical building
code appeals and related appeals/permits. The current contract for services will end in
August of 2023. The City of Bremerton is seeking quotes for the services of an
Administrative Hearing Examiner to begin on or abou t August 28, 2023. The
Administrative Hearing Examiner is an independent contractor and not an employee of
the City of Bremerton. Quotes should include all the requested information indicated
below.
GENERAL SCOPE OF SERVICES:
The successful applicant shall perform the duties of the Administrative Hearing
Examiner as set forth in City of Bremerton Municipal Code, as now in effect or as
hereafter amended. The City of Bremerton Hearing examiner system is adopted
pursuant to RCW 35A.63.170 and Bremerton City Ordinances 4778 and 4798 and
Bremerton Municipal Code Chapter 2.13 Administrative Hearing Examiner.
The Administrative Hearing Examiner conducts quasi‐judicial hearings on complex land
use matters, code enforcement matters and regulatory compliance issues on behalf of
the City, and other issues designated to the Hearing Examiner by ordinance or
resolution. The Hearing Examiner shall issue decisions and r ecommendations based on
relevant ordinances, regulations, policies, statutes, and other authorities.
All duties shall be performed in a manner consistent with accepted practices for hearing
examiner services, including interpreting, reviewing, and implementing the City's land
use regulations and the pertinent and appropriate provisions of Bremerton Munici pal
Code; conducting orderly and impartial hearings and hearing appeals; and preparing
written decisions in a timely manner which are understandable and based upon
reasoning and all applicable laws.
The City of Bremerton Department of Community Development will provide preparation
of case files and records; staff support during hearings; set agendas in consultation with
the examiner; prepare legal notices; provide reproduction, mailing, distribution o f notices
and decisions.
QUALIFICATIONS:
The applicant shall provide information regarding the applicant's background and
familiarity with general land use law and regulations and land use hearing processes.
The hearing examiner must have expertise and experience in land use planning. A
practicing land use attorney is preferred. The applicant must have knowledge of the
Washington State Growth Management Act and Washington State Environmental Policy
Act. The Administrative Hearing Examiner shall hold no other elective or appointive
office or position with the City of Bremerton.
PROPOSAL:
The applicant shall submit a proposal indicating the general conditions of a contract with
the City, if the applicant is chosen, including all costs that would be incurred by the City
for the provision of the Hearing Examiner services. Prior to beginning work, the
Examiner will be required to procure and maintain for the duration of the contract and at
the Examiner's expense (not required as part of quote)
Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
Commercial General Liability insurance written on an occurrence basis with limits
no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractu al; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU) if applicable; and
Excess Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington
and employer's liability with limits not less than $1,000,000.
SUBMITTAL REQUIREMENTS:
Interested parties should submit the following:
1. Letter of Interest – No more than one (1) page in length that includes contact
information and signature. The letter should state the educational degree(s) held
by the person, institutions issuing degree(s) and the date such degree(s) were
issued. If the proposal is submitted by a law firm, information on all attorneys
anticipated to provide services must be provided.
2. Summary of Qualifications, Experience and Availability – This must be no
more than three (3) pages in length. It should summarize the applicant’s
qualifications to be a hearing examiner, including his/her relevant experience as
a hearing examiner or other type of administrative judge, experience with land
use law, environmental law, shoreline laws, municipal codes, code enforcement
and building codes. For judicial or quasi-judicial experience, please list
jurisdictions, types of cases, number of cases and approximate dates such work
was performed.
3. Method and Approach – A summary of the applicant’s approach to providing
examiner services, including a description of applicant’s support staff and how
applicant will have the ability to meet decision deadlines.
4. Example of Written Work – At least three (3) examples of the applicant’s
written decisions, preferably as a hearing examiner, must be provided.
5. Professional References – At least three (3) professional references,
including phone numbers and other contact information.
6. FeeProposal–A description of the proposed compensation required by the
applicant. Specify whether the proposal is for a lump sum annual fee, a cost per
hour fee or a combination of lump sum and cost per hour fees. Specify whether
mileage, travel time and/or out of pocket expenses are factored into the fee
proposal.
SELECTION CRITERIA AND PROCESS:
Selection will be based upon:
1. Knowledge and experience in:
• Adjudication or Litigation related to land use planning and zoning
• Growth Management Act
• State Environmental Policy Act
• Municipal Code Enforcement
• Administrative Procedures
2. Experience with writing legally defensible local land use decisions.
3. Approach to quality control, case management and decision delivery.
4. Making effective use of public resources through a reasonable fee proposal.
5. Experience and manner of holding public meetings and quasi -judicial
proceedings in various formats (in-person and via Zoom).
6. Response of references.
All proposals shall be submitted by e-mailing andrea.spencer@ci.bremerton.wa.us by
Noon., on Friday, April 26, 2024. Proposals received after this time will not be
considered. For specific questions concerning this Request for Quotes (RFQ) please
email Andrea Spencer, Director of Community Development at
andrea.spencer@ci.bremerton.wa.us
TERMS AND CONDITIONS:
1. The City reserves the right to reject any and all proposals, to waive irregularities and
informalities in the submittal and evaluation process, and to change the selection
process or timeline.
2. The City reserves the right to request clarification of information submitted and to
request additional information from any proposer.
3. The contract resulting from acceptance of a proposal by the City shall be in a form
supplied by the City and shall reflect the specifications on this RFQ. This RFQ does not
obligate the City to accept or contract for any expressed or implied services.
4. The City shall not be responsible for any costs incurred by an interested party in
preparing, submitting, or presenting its response to the RFQ.
5. All submitted documents are public record and subject to disclosure.
STATEMENT OF QUALIFICATIONS
FOR HEARING EXAMINER SERVICES
To Review Team:
We propose that attorney Peregrin K. Sorter (WSBA #40961) of Laminar Law, PLLC, be
selected to serve as the City of Bremerton Hearing Examiner to provide land use application
hearings, code enforcement hearings, administrative appeal hearings, and other quasi-judicial
hearings at the City’s request. We believe that Mr. Sorter’s expertise in land use law and his
demonstrated ability to produce timely decisions that are clear, thorough, and drafted efficiently
to provide cost savings to the jurisdictions he serves will benefit the City of Bremerton and its
residents.
Attached please find background information on Laminar Law, a summary of Mr. Sorter’s
experience and qualifications, a discussion of Mr. Sorter’s approach to the Hearing Examiner
process, fee proposal information, Mr. Sorter’s resume, and a list of professional references.
Examples of recent land use decisions issued by Mr. Sorter are provided by separate submittal.
Thank you for considering Laminar Law to provide hearing examiner services for the City of
Bremerton. We look forward to hearing from you.
Sincerely,
Peregrin K. Sorter, Managing Attorney of Laminar Law
Laminar Law, PLLC
1919 N. Union Avenue Tacoma, WA 98406
Phone: 206 658-3784 (Cell)
Email: peregrin@laminarlaw.com
UBI Number: 605 164 033
Federal EIN Number: 93-3236461
QUALIFICATIONS AND EXPERIENCE
Introduction to Laminar Law and Chief Hearing Examiner Peregrin Sorter
Laminar Law, PLLC is a hearing examiner services company committed to providing high-
quality land use hearing examiner services to a select number of jurisdictions in Western
Washington. We believe that limiting the number of jurisdictions we serve ensures that our
hearing examiners and support staff are readily available to schedule requested hearings,
knowledgeable about the local planning policies and regulations governing our decisions, and
able to efficiently produce decisions that are clear, thorough, and timely issued. Peregrin Sorter,
founding member and Chief Hearing Examiner for Laminar Law, would serve the City of
Bremerton as its Hearing Examiner, with support provided by additional Laminar Law members
as needed.
Prior to founding Laminar Law in early 2023, Mr. Sorter served as a managing attorney, chief
legal writer, and pro tem hearing examiner for Sound Law Center (SLC). As chief legal writer
for SLC, Mr. Sorter was responsible for drafting and reviewing hundreds of decisions produced
by SLC. These prior decisions serve as an example of the high-quality land use decisions that
the City, applicants, and members of the public can expect from Laminar Law.
Mr. Sorter currently serves as the Hearing Examiner for the Cities of Woodinville, Port Angeles,
Sequim, SeaTac, Arlington, and Ocean Shores. He has also served as a pro tem Hearing
Examiner in jurisdictions that include Hunts Point and Yarrow Point. In addition, Mr. Sorter has
served as the Hearing Examiner addressing ethics complaints in the City of Mercer Island.
Mr. Sorter also has over 10 years of experience as a staff attorney for Division II of the
Washington State Court of Appeals, where he assisted judges in deciding appeals and drafting
appellate opinions. Through that experience, Mr. Sorter gained valuable insight into what makes
a hearing examiner decision withstand judicial scrutiny on appeal and has shaped his practice of
producing timely, concise, and legally sound decisions, as well as his demeanor as a judicial
officer.
Mr. Sorter graduated in 2008 from Rutgers School of Law, with high honors, where he received
the law school’s top writing award and was honored to teach Constitutional Law to high school
students as a Marshall Brennan Fellow. Mr. Sorter currently volunteers as Board President for
Banchero Disability Partners (BDP), a nonprofit organization providing residential support
services for clients with developmental disabilities and mental illnesses.
As BDP President, Mr. Sorter oversaw the organization’s adoption of a diversity, equity, and
inclusion statement. Laminar Law is similarly committed to diversity, equity, and inclusion, and
Mr. Sorter incorporates these values in his role as a Hearing Examiner, particularly in his
interactions with members of the public who participate at hearings. Mr. Sorter understands that
applicants and members of the public come to hearings with different backgrounds and levels of
knowledge and/or information about the process, and he strives to create an atmosphere that is
welcoming and informative for all hearing participants. Laminar Law is certified as a Minority
Business Enterprise from the Washington State Office of Minority and Women’s Business
Enterprises.
Supporting Attorneys
Neil Savage
Neil Savage serves as Laminar Law’s legal editor. Mr. Savage reviews all decisions prior to
delivery to ensure consistency and readability. We believe that the services of a legal editor are
vital for ensuring that our written decisions reflect the professionalism and neutrality that are
embodied in the entire hearing examiner process. Mr. Savage graduated from Lewis and Clark
Law School in 1989 and works as a freelance editor and indexer for legal publishers across the
country.
APPROACH TO HEARING PROCESS
Laminar Law prides itself on conducting hearings that are respectful and efficient while
welcoming members of the public to express their concerns. Mr. Sorter facilitates this process
by creating an atmosphere that is courteous to witnesses and acknowledges their opinions. Mr.
Sorter believes that a good result from the hearing process is that, regardless of the ultimate
outcome of his decision, all interested parties feel that their concerns were heard and addressed.
Hearing Preparation
Mr. Sorter begins this process by reviewing the entire record prior to the hearing so that he is
familiar with the law governing his decision and any potential issues that may arise at the
hearing. He then prepares questions designed to streamline the hearing process by ensuring both
that he has a thorough understanding of the proposal and that issues raised by members of the
public are heard and addressed. For example, if the record contains several public comments
raising concerns about tree removal associated with a project, Mr. Sorter may ask City staff to
discuss tree removal and replacement requirements of the municipal code. Similarly, if members
of the public raise concerns about a project’s traffic impacts, Mr. Sorter’s questions may be
focused on level-of-service and traffic impact fee requirements. He has found that addressing the
laws and regulations governing issues raised by members of the public prior to their opportunity
to testify helps to focus public testimony on issues relevant to the decision and thereby facilitates
an orderly and efficient hearing process.
Specific Hearing Formats
For application hearings, Mr. Sorter generally adheres to the following format:
1. Mr. Sorter provides introductory remarks that explain the application, applicable laws,
and the process for the hearing. Providing this initial explanation helps lay the
groundwork for how the hearing will proceed and provides applicants and the public
with confidence in the Hearing Examiner.
2. City staff provide an overview of the proposal and any City recommendations.
3. The Applicant and any witnesses for the Applicant are given the opportunity to provide
additional information.
4. Members of the public are invited to provide comments on the application.
5. The Applicant and City staff may respond to public comments.
6. Mr. Sorter closes the hearings, thanks all present for attending, and explains that a
decision shall be issued within 10 business days of the record closing.
For administrative appeal hearings, Mr. Sorter generally adheres to the following format:
1. Mr. Sorter provides introductory remarks that explain the appeal, applicable laws, and the
process for the appeal hearing.
2. Mr. Sorter addresses any motions raised by the Appellant, the City, and/or the Applicant
3. The Appellant presents testimony of witnesses, and the City and Applicant are provided
with the opportunity to cross-examine those witnesses.
4. The City presents testimony of witnesses, and the Appellant and Applicant are provided
with the opportunity to cross-examine those witnesses.
5. The Applicant presents testimony of witnesses, and the Appellant and City are provided
with the opportunity to cross-examine those witnesses.
6. If requested, Mr. Sorter allows closing remarks from each party. Alternatively, he may
allow for the submission of written closing remarks from each party.
7. Mr. Sorter closes the hearing, thanks all present for attending, and explains that a decision
shall be issued within the time specified under the municipal code.
Decision
Mr. Sorter’s greatest asset to the jurisdictions he serves is his ability to consistently produce
decisions in an efficient manner to provide significant cost savings, while ensuring that those
decisions are easily understood by applicants and members of the public. His decisions also
include detailed legal analyses to provide guidance to City staff and potential applicants on
future land use matters. Mr. Sorter’s decisions are reviewed by Laminar Law’s legal editor prior
to being issued to confirm that they reflect the professionalism and neutrality that is embodied in
the entire hearing process.
FEE PROPOSAL
Our typical contract rate for all legal work associated with hearing examiner services is
$225/hour. Laminar Law does not charge for travel time or materials. Mr. Sorter is aware
through his prior associations with SLC and the City’s current Hearing Examiner, Alex Sidles,
that the City currently pays a flat monthly fee for all work associated with Hearing Examiner
services, and it would be his preference to implement a similar fee arrangement should the City
select him to serve as their new Hearing Examiner.
PEREGRIN SORTER
1919 N. Union Ave. | Tacoma, Washington 98406 | (206) 658-3784 | peregrin@laminarlaw.com
Experience and qualifications
Washington State Bar Association member in good standing (admitted 2008).
WSBA number: 40961
Laminar Law, PLLC Tacoma, WA
Founder, Managing Attorney, Hearing Examiner March 2023–Present
Founded Laminar Law, PLLC, to provide land use hearing examiner services to local
governments in Washington State. Responsibilities include presiding over, and issuing
decisions for, land use application hearings and administrative appeals.
Sound Law Center, LLC Seattle and Tacoma, WA
Managing Attorney, Chief Legal Writer January 2020–February 2023
Served as managing attorney and Chief Legal Writer for Sound Law Center.
Responsibilities included overseeing all business matters related to the operation of
Sound Law Center, drafting and editing decisions issued by hearing examiners, and
supervising contract legal writers and pro tem hearing examiners.
Washington State Court of Appeals, Division II Tacoma, WA
Staff Attorney August 2012–December 2020
Assisted the Court in resolving direct appeals and personal restraint petitions by
reviewing record, researching applicable law, and drafting prehearing memoranda and
opinions. Screen notices of appeal for compliance with appellate rules, consolidation
with other pending cases, and disposition track. Made recommendations for disposition
of all types of motions and draft orders and rulings for panels.
Law Clerk for the Honorable Marywave Van Deren August 2011–July 2012
Law Clerk for the Honorable Christine Quinn-Brintnall August 2008–July 2010
Reviewed appellate briefs and trial court records, researched applicable law, and drafted
bench memoranda. Assisted judges in drafting and editing an average of three court
opinions per month. Performed technical source citation checks on opinions in
accordance with Washington Court standards.
Banchero Disability Partners Seattle and Shoreline, WA
Board Member, President November 2008–Present
On a volunteer basis, responsible for the functions of an agency that provides 24-hour
case management services to clients with developmental disabilities and mental illnesses,
including policy administration, public and community relations, finance, personnel and
program planning and evaluation.
Independent Living Advocate September 1999–August 2005
Provided direct support and services to adults with developmental disabilities in their
homes and community.
Nielson, Broman & Koch PLLC. Seattle, WA
Indigent Criminal and Parental Dependency Appeals Attorney August 2010–July 2011
Contracted with law firm to represent clients appealing from criminal convictions and
parental dependency/termination orders. Reviewed trial record, drafted briefs, and
presented oral argument in all three divisions of the Court of Appeals.
Disability Rights New Jersey Trenton, NJ
Legal Intern Summer 2007
Worked with the Director of Litigation on two high-impact systemic litigation cases.
Conducted fact investigations at all New Jersey Psychiatric Hospitals.
Disability Rights Washington Seattle, WA
Legal Intern Summer 2006
Screened potential clients and provided self-help information and referral services.
Handled all prisoner correspondence, requests for information, and referrals.
Education
Rutgers University School of Law – Camden, NJ
J.D. magna cum laude, May 2008
Blaine E. Capehart Award for Excellence in Legal Writing, 2008
Pro Bono Publico Award, 2008
Marshall-Brennan Fellow, Fall 2007–Spring 2008
Research Assistant for Professor Sarah Ricks, Fall 2007–Spring 2008
University of Washington – Seattle, WA
B.S. in Psychology, June 2004
Professional References:
Marshall Read
Lead Planner
City of Ocean Shores
360-940-7489 (Office)
360-580-4465 (Cell)
mread@osgov.com
Charisse Deschenes
Deputy City Manager/Director of Community and Economic Development
City of Sequim
360-681-3432 (Office)
360-912-1761 (Cell)
cdeschenes@sequimwa.gov
Ben Braudrick
Planning Supervisor
City of Port Angeles
360-417-4804 (Office)
360-406-0654 (Cell)
Ted Hunter
Founder, Sound Law Center
206-419-2269
tph@soundlawcenter.com
Andrew Reeves
Founder, Trebucket Legal Consulting
253-393-3594
Andrew.tlclaw@gmail.com
Alex Sidles
Law Office of Alex Sidles, PLLC
206-518-8611
alex@sidleslaw.com
Hon. Judge Lisa Worswick (Ret.)
Former Judge at Division II of the Washington State Court of Appeals
Pierce County Superior Court
Pierce County District Court
253-691-7050
lworswick@yahoo.com
Chapter 2.13
ADMINISTRATIVE HEARING EXAMINER
Sections:
2.13.010 PURPOSE.
2.13.020 CREATION.
2.13.030 APPOINTMENT AND REMOVAL.
2.13.040 QUALIFICATION AND REMOVAL.
2.13.050 IMPROPER INFLUENCE, CONFLICT OF INTEREST AND APPEARANCE OF FAIRNESS.
2.13.060 ORGANIZATION, RULES.
2.13.070 JURISDICTION.
2.13.080 DUTIES.
2.13.090 FILING OF APPLICATIONS AND APPEALS.
2.13.100 OPEN RECORD PUBLIC HEARING.
2.13.110 DECISIONS AND RECOMMENDATION.
2.13.120 RECONSIDERATION.
2.13.130 APPEAL OF DECISION.
2.13.140 CITY COUNCIL ACTION.
2.13.150 CITY ADMINISTRATIVE STAFF ARE TO BE CONSIDERED A PERSON OR PARTY.
2.13.010 PURPOSE.
The purpose of this chapter is to:
(1) Separate the land use regulatory function from the land use planning process;
(2) Ensure procedural due process and appearance of fairness in regulatory hearings and decisions;
(3) Provide an efficient and effective land use regulatory system which integrates the public hearing and decision-
making processes for land use matters;
(4) Provide for consistency and predictability in decision making and the application of policies and regulations
adopted by the city;
(5) Provide a forum for conducting public hearings required by the Bremerton Municipal Code; and
(6) Provide a forum for hearing appeals of administrative decisions and other matters as established by the
Bremerton Municipal Code. (Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added , 11/05/2001)
2.13.020 CREATION.
The position of the Administrative Hearing Examiner (also referred to in this chapter as "Hearing Examiner" or "examiner")
is hereby created. The Administrative Hearing Examiner shall review and interpret land use regulations; conduct hearings,
render decisions, and make recommendations on land use applications; hear appeals from administrative orders,
recommendations, permits, decisions or determinations made by a city o fficial as set forth in this chapter, and review and
hear other matters as provided for in the Bremerton Municipal Code and other ordinances. The term
"Administrative Hearing Examiner" shall likewise include the examiner pro tem. (Ord. 4798, Added, 05/10/2002)
2.13.030 APPOINTMENT AND REMOVAL.
The Administrative Hearing Examiner shall be appointed by the Mayor subject to confirmation by the City Council. The
appointment may be made as a contract employee or as an independent contractor for a term and on con ditions
determined appropriate by the City Council. The Examiner(s) pro tem shall be selected by and serve at the pleasure of the
Mayor. In the absence or the inability of the Administrative Hearing Examiner to act, or when expertise is needed to hear a
particular matter, the examiner pro tem shall serve in place of the Administrative Hearing Examiner and shall have all the
duties and powers of the Administrative Hearing Examiner. The Administrative Hearing Examiner may be terminated in
accordance with the contract terms. An examiner pro tem may be terminated by the Mayor at will. (Ord. 4798, Amended,
05/10/2002; Ord. 4778, Added, 11/05/2001)
2.13.040 QUALIFICATION AND REMOVAL.
Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such
training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments
and to discharge the other functions conferred upon them. Examiners shall hold no other elec tive or appointive office or
position with the City of Bremerton. (Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added, 11/05/2001)
2.13.050 IMPROPER INFLUENCE, CONFLICT OF INTEREST AND APPEARANCE OF FAIRNESS.
No city official, elective or appointive, shall attempt to influence the Administrative Hearing Examiner in any matter
officially before him so as to constitute misconduct of a public office under Chapter 42.20 RCW or a violation of the
appearance of fairness doctrine. No member of the council shall participate in any proceedings on appeal from the
Administrative Hearing Examiner’s decision if to do so will constitute a conflict of interest or violation of the appearance of
fairness doctrine. The Administrative Hearing Examiner shall conduct all proceedings in a manner to avoid conflicts of
interest or other misconduct and to avoid violations of the appearance of fairness doctrine. If such co nflicts or violations
cannot be avoided in a particular case, the examiner shall assign an examiner pro tem to act in his absence. (Ord. 4778,
Added, 11/05/2001)
2.13.060 ORGANIZATION, RULES.
The Administrative Hearings Examiner is empowered to adopt rules for the scheduling and conduct of hearings and other
procedural matters related to the duties he is required to perform. The rules shall include any procedural rules for
conducting hearings as set forth in the Bremerton Municipal Code. The rules shall pro vide for the process to be effective
and efficient while assuring that the participants are afforded an opportunity to present their case without unnecessary
emphasis upon formal procedure. The examiner shall have the authority to subpoena witnesses, and to the extent
necessary to assure a fair hearing and to afford each party the opportunity to present their case, may allow limited
discovery if it is not unduly burdensome, will not unnecessarily delay the proceedings, and the information is not otherwise
available. (Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added, 11/05/2001)
2.13.070 JURISDICTION.
(1) The Administrative Hearing Examiner shall have jurisdiction to:
(a) Conduct hearings, render decisions, make recommendations and to hear appeals of administrative decisions
on land use applications as specified in BMC Title 20, as amended.
(b) Conduct public hearings on all local improvement districts and utility local improvement districts.
(c) Hear an appeal of a department director's administrative decision when provided in the Bremerton Municipal
Code.
(d) Hear code enforcement matters pursuant to provisions of the Bremerton Municipal Code.
(e) Conduct public hearings when required under the provisions of the State Environmental Policy Act; conduct
open-record public hearings or closed-record appeals in accordance with the provisions of the Bremerton Municipal
Code; conduct such other hearings as the city council may from time to time deem appropriate.
(f) Hear such other matters as may be designated by the Bremerton Municipal Code and/or the City Council.
(2) It is the intent that all quasi-judicial appeals of land use decisions, which have prior to the enactment of this chapter
been heard by the city council and/or the planning commission, now be heard by the
Administrative Hearing Examiner pursuant to this chapter, and to the extent other provisions of the Bremerton Municipal
Code are inconsistent, jurisdiction for such quasi-judicial appeals will be with the Administrative Hearing Examiner unless
otherwise required by state or federal law.
(3) Unless otherwise indicated, all other references in the Bremerton Municipal Code to "Hearing Examiner" shall not
mean the Municipal Court Hearing Examiner except for those matters established pursuant to Chapter 2.62 of the
Bremerton Municipal Code over which the Municipal Court Hearing Examiner will have jurisdiction. (Ord. 4970 §1, 2006:
Ord. 4798, Amended, 05/10/2002; Ord. 4778, Added, 11/05/2001)
2.13.080 DUTIES.
The Administrative Hearing Examiner shall have the following duties with respect to applications of matters submitted
before him or her.
(1) Appeals of Administrative Decisions/Determinations. The Administrative Hearing Examiner shall hear open-record
appeals of administrative decisions/determinations submitted before him or her, prepare a record thereof, and enter
findings of fact and conclusions based upon these facts, which findings and conclusions shall represent final action unless
appealed as specified in BMC 2.13.130, for the following:
(a) Appeals of all Type I and Type II project permit decisions identified in BMC 20.02.040 and appealed pursuant
to BMC 20.02.140(a)(3).
(b) Appeals of business license denials, revocations and regulations as authorized pursuant to BMC Title 5.
(c) Appeals of right-of-way use permit application decisions made pursuant to Chapter 11.02 BMC.
(d) Appeals of administrative decisions on shoreline substantial developmental permits pursuant to
BMC 20.02.140(b) and Chapter 7(c)(4) of the City of Bremerton Shoreline Master Program.
(e) Appeals of administrative decisions on short subdivisions and plats pursuant to BMC 20.12.100.
(f) Appeals of administrative determinations applying the City Building Code pursuant to BMC 17.04.140.
(g) Appeals of administrative determinations applying the Uniform Fire Code pursuant to BMC 18.02.180.
(2) Decisions of the Administrative Hearing Examiner. The Administrative Hearing Examiner shall receive and examine
available information, conduct open-record public hearings, prepare a record thereof, enter findings of fact and
conclusions based upon these facts, and render a decision, which decision shall represent the final action on the
application, unless appealed, as specified in BMC 2.13.130 for all Type III project permit applications identified in
BMC 20.02.040.
(3) Recommendations of the Administrative Hearing Examiner. The Administrative Hearing Examiner shall receive and
examine available information, conduct open predecision public hearings, prepare a record thereof and enter findings of
fact and conclusions based upon those facts, together with a recommendation to the city council, for the following:
(a) All Type IV project permit applications identified in BMC 20.02.040.
(b) Local Improvement districts and utility local improvement district formation and assessments pursuant to
Chapter 11.04 BMC and Chapters 35.43 and 35.44 RCW. (Ord. 4970 §2, 2006: Ord. 4798, Added, 05/10/2002)
2.13.090 FILING OF APPLICATIONS AND APPEALS.
Applications to the Administrative Hearing Examiner for a decision, recommendation or an appeal shall be filed with the
Department of Community Development. Applications shall be filed with the applicable filing fee as set forth in
Chapter 3.01 BMC. When it is found an application or appeal meets the filing requirements of the affected City Code, rule
or regulation, the application shall be accepted. The Administrative Hearing Examiner shall be responsible for assigning a
date for the public hearing for each application or appeal. Hearings on project permit applications are subject to the notice
and hearing requirements set forth in the Bremerton Municipal Code. (Ord. 4894 §1, 2004; Ord. 4836, Amended,
12/20/2002; Ord. 4798, Added, 05/10/2002)
2.13.100 OPEN RECORD PUBLIC HEARING.
(1) Before rendering a decision or recommendation on any land use application, the
Administrative Hearing Examiner shall hold one (1) open-record public hearing thereon.
(2) For all applications, notice of the time and place of the public hearing shall be given as provided in the ordinance
governing the application. If none is specifically set forth, such notice shall be given at least ten (10) working days prior to
such hearing.
(3) The Administrative Hearing Examiner shall have the power to prescribe rules and regulations for the conduct of
hearings under this chapter and also to administer oaths, and preserve order. (Ord. 4798, Added, 05/10/2002)
2.13.110 DECISIONS AND RECOMMENDATION.
(1) The Administrative Hearing Examiner's recommendation or decision may be to grant or deny the application, or the
Administrative Hearing Examiner may recommend or require of the applicant such conditions, modifications and
restrictions as the Administrative Hearing Examiner finds necessary to make the application compatible with its
environment, with applicable State laws, and to carry out the objectives and goals of the comprehensive plan, the zoning
code, the subdivision code, and other codes and ordinances of the City. Conditions, modifications and restrictions which
may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing,
covenants, easements and dedications of additional road rights-of-way. Performance bonds or other financial assurances
may be required to ensure compliance with conditions, modifications and restrictions.
(2) In regard to all Type IV project permit applications identified in BMC 20.02.040, the
Administrative Hearing Examiner's findings and conclusions and recommendation shall be submitted to the City Council,
which shall have the final authority to act on such applications. The hearing by the Administrative Hearing Examiner shall
constitute an open-record predecision hearing before the final decision is made by the City Council. The
Administrative Hearing Examiner shall file its recommendation with the City Council at the expiration of the period
provided for reconsideration, or if reconsideration is accepted, within ten (10) working days after the decision on
reconsideration.
(3) When the Administrative Hearing Examiner renders a decision or recommendation, the
Administrative Hearing Examiner shall make and enter written findings from the record and conclusions therefrom which
support such decision. The decision shall be rendered within ten (10) working days following conclusion of all testimony
and hearings, unless a longer period is mutually agreed to on the record by the applicant and the
Administrative Hearing Examiner. The copy of such decision, including findings and conclusions, shall be transmitted by
first class mail to the applicant and other parties of record in the case requesting the same.
(4) In the case of shoreline substantial development permits, pursuant to RCW 90.58.140(11)(a)(iii), appeals shall be
decided within thirty (30) calendar days of filing of the appeal.
(5) The filing fee as set forth in Chapter 3.01 BMC paid by the appellant for any appeal to the
Administrative Hearing Examiner shall be refunded to the appellant if the appellant is the substantially prevailing party.
(Ord. 4970 §3, 2006: Ord. 4894 §2, 2004; Ord. 4798, Added, 05/10/2002)
2.13.120 RECONSIDERATION.
A party of record believing that a decision or recommendation of the Administrative Hearing Examiner is based on
erroneous procedures, errors of law or fact, or the discovery of new evidence which could not be reasonably available at
the prior hearing may make a written request for reconsideration by the Administrative Hearing Examiner within fourteen
(14) calendar days of the date the decision or recommendation is rendered. This request shall set forth the specific errors
or new information relied upon by such appellant, and the Administrative Hearing Examiner may, after review of the
record, take further action as he or she deems proper. If a request for reconsideration is accepted, a decision is not final
until after a decision on reconsideration is issued. (Ord. 5148 §2, 2011: Ord. 4798, Added, 05/10/2002)
2.13.130 APPEAL OF DECISION.
(1) Any party who feels aggrieved by the decision or other final action of the Administrative Hearing Examiner may
submit an appeal within twenty-one (21) calendar days from the date the final decision of the
Administrative Hearing Examiner is rendered to the Superior Court or to another designated forum.
(2) No appeal may be made from a recommendation of the Administrative Hearing Examiner. (Ord. 4798, Added,
05/10/2002)
2.13.140 CITY COUNCIL ACTION.
(1) Any application requiring action by the City Council shall be taken by the adoption of a motion, resolution or
ordinance by the City Council. When taking any such final action, the City Council shall make and enter findings of fact
from the record and conclusions therefrom which support its action. The City Council may adopt all or portions of the
findings and conclusions from the Administrative Hearing Examiner’s recommendation.
(2) The action of the City Council, approving, modifying, or rejecting a recommendation of the
Administrative Hearing Examiner, shall be final and conclusive. Appellants have twenty -one (21) calendar days from the
date of City Council action to file an appeal with the superior court. (Ord. 4798, Added, 05/10 /2002)
2.13.150 CITY ADMINISTRATIVE STAFF ARE TO BE CONSIDERED A PERSON OR PARTY.
For the purpose of BMC 2.13.130 and 2.13.140, the City's administrative staff shall be considered a "person" and/or
"party" and shall have the same rights as any other person or party to make requests for reconsideration to the
Administrative Hearing Examiner or to appeal decisions of the Administrative Hearing Examiner to Superior Court or to
another designated forum. (Ord. 4970 §4, 2006: Ord. 4798, Added, 05/10/2002)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: May 8, 2024
Ordinance No. 5492 amending Section
2.50.032 of the Bremerton Municipal Code
entitled “Actual Salary Rate”
COUNCIL MEETING Date: May 15, 2024
Department: Legal/HR
Presenter: Charlotte Nelson
Phone: (360) 473-5926
SUMMARY: The proposed ordinance amends Section 2.50.032 of the Bremerton Municipal Code to
allow department heads to promote management/professional employees above a rate higher than
one rate above what they are currently making with the approval of the Mayor.
ATTACHMENTS:
Ordinance No. 5492
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. 5492 amending Section 2.50.032 of the Bremerton Municipal Code
entitled “Actual Salary Rate”.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
4E
Page 1 of 3
BMC 2.50.032
Actual Salary Rate
ORDINANCE NO. 5492
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 2.50.032 of the
Bremerton Municipal Code entitled “Actual Salary Rate.”
WHEREAS, the City Council desires to amend provisions of Section 2.50.032
relating to setting the salary rate for management and professional employees upon promotion;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.50.032 of the Bremerton Municipal Code entitled
"Actual Salary Rate" is hereby amended to read as follows:
2.50.032 ACTUAL SALARY RATE.
(a) Initial Rate. The salary rate of a person upon appointment to a management or
professional position shall be set no lower than Rate 1 of the salary band to which an employee’s
position is assigned. When it is in the best interest of the City, the department heads (with the
Mayor’s approval) may authorize an initial salary of a newly hired or promoted person at a rate
which exceeds Rate 1. Newly hired persons who report directly to the Mayor require the
approval of City Council when being hired at a rate which exceeds Rate 1.
(b) Salaries may be increased as follows:
(1) Salary Rate Advancement. Each person shall be eligible for a salary rate
advancement upon completion of twelve (12) full months of regular (as opposed to interim)
service at each rate in the salary band. To receive a salary rate advancement, the employee must
be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation.
Salary rate advancements shall be an increase of one (1) rate in the same salary band, if
available.
(2) Additional Advancement. Those employees who receive a rating that
exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional
salary rate advancement for an increase of one (1) additional rate in the same salary band, if
available, above the initial rate advancement provided in subsection (b)(1) of this section. This
additional advancement shall require the recommendation of the department head, or equivalent,
and approval of the Mayor and City Council.
(3) A rate advancement that was denied may be granted following a minimum
sixty (60) day review period of the employee’s performance.
(4) Notwithstanding the above, when it is in the best interest of the City, the
City Council upon the recommendation of the Mayor may authorize an in-range adjustment to
provide additional salary in instances of promotion, to provide for internal equity corrections, or
for another reason deemed appropriate by the City Council.
(c) Changes to Employee Classifications.
(1) Downgrading an Employee’s Classification. Upon the City Council’s
approval of downgrading a person’s classification to a lower salary band, the person’s initial
Page 2 of 3
BMC 2.50.032
Actual Salary Rate
salary rate will be set at the same rate in the new band that was in effect in the former salary
band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which
his or her position is assigned on the date of downgrading, his or her actual salary rate shall be
frozen until such time as the maximum rate of the new band is equal to or greater than his or her
actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the
salary band to which his or her position is assigned.
(2) Upgrading an Employee’s Classification. If an employee’s classification is
moved from one salary band to a higher band (excluding promotions), the employee’s salary rate
at the higher band shall be set at the next rate which is higher than the salary the employee was
receiving at the former band. Any additional rate advancements shall require City Council
approval. The employee’s salary rate advancement date does not change.
(3) Promotions.
(A) In the event an employee is promoted from one
management/professional classification to a higher classification (one (1) salary band to a higher
salary band), the employee’s salary shall be set no lower than Rate 1 of the salary band to which
an employee’s position is assigned. When it is in the best interest of the City, the department
heads (with the Mayor’s approval) may authorize the rate of a promoted person at a rate which is
higher than described above.rate at the higher band shall be set at the next rate which is higher
than the salary the employee was receiving at the former band. Promoted employees shall be
eligible for a salary rate advancement upon completion of twelve (12) full moths of regular (as
opposed to interim) service at each rate in the new salary band, which shall be the employee’s
new salary rate advancement date.
(B) In the event an employee is promoted to a management/professional
classification from another employee group, excluding IAFF Bargaining Unit members, their
salary shall be set no lower than Rate 1 of the salary band to which an employee’s position is
assigned. When it is in the best interest of the City, the department heads (with the Mayor’s
approval) may authorize the rate of a promoted person at a rate which is higher than described
above. Promoted employees shall be eligible for a salary rate advancement upon completion of
twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary
band, which shall be the employee’s new salary rate advancement date.
SECTION 2. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 3. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 20___.
Page 3 of 3
BMC 2.50.032
Actual Salary Rate
_________________________________
JENNIFER CHAMBERLIN,
Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
R:\Legal\Legal\Ordinances\Human Resources\2024.04.23 Ordinance - BMC 2.50.032 - Actual Salary Rate.docx
Published for
May 15
Council Meeting
Item 3 – Mayor’s Report
MAYOR’S REPORT
May 15, 2024
City Improvements for Charleston District
2024 Improvements
•Improved mid-block crossing at 600 block of Callow
•3 planters relocated from Manette District
•3 planters to be relocated from 4th Street
•4 benches to be refurbished and then relocated from 4th Street
Future Area Improvements
•Wall prep will support Wycoff Ave mural painting at the Schoneman
overcrossing –supporters launching fund raising effort for wall mural; City
work has been pushed to 2025
Public Works Update -Pine Road Basin Stormwater
Improvements Project
•Public Works Trust Board awarded an additional $500,000 to the City for the project
•The City was initially awarded $3.88 million in 2018
•Additional funding will cover increased costs caused by delays due to changes in
federal permitting, COVID, and supply chain issues
•Construction of new storm sewer facilities in Robin and Eagle Avenues was
completed late last year.
•Reconstruction of a marine outfall at Lebo Boulevard and Sheridan Road will take
place this summer and complete the project.
Sheridan Road Closure
24/7 road closure for
pavement restoration
7 AM Sunday, May 19
to 5 PM Friday, May 24
Kitsap Lake Update
•The first Kitsap Lake algae control
treatment will be completed on
Monday, May 20 and Tuesday, May
21 from 8 AM to 5 PM.
•AquaTechnex will apply a treatment
to the entire lake on Monday and
Tuesday morning.
•Boaters are asked to stay clear of
the application area so the
treatment can be completed without
interruption.
•Aquatic vegetation harvesting is
scheduled to begin in late June
through early July.
•A second algae control application
is tentatively scheduled for late
August
Visit the project website for more information: www.BremertonWA.gov/1306
Published for
May 15
Council Meeting
Item 7 – Council Reports
COUNCIL DISTRICT 5
Michael Goodnow
COUNCIL DISTRICT 4
Jane Rebelowski
BremertonWA.gov/228/
COUNCIL DISTRICT 1
Jennifer Chamberlin