ORD 93-11 HEARING EXAMINEROrdinance N0. 93-11
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, RELATING TO THE HEARING EXAMINER,
ADDING A NEW CHAPTER 2.38 TO THE BAINBRIDGE
ISLAND MUNICIPAL CODE.
WHEREAS the City has established a Hearing Examiner system
pursuant to RCW35.20.205 and RCW35A.63.170; and
WHEREAS the City wishes to define the functions of the Hearing
Examiner and the office of the Hearing Examiner; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN, as follows:
Section'1. There is added to the Bainbridge Island Municipal
Code, a new Chapter 2.38, to read as follows:
Chapter 2.38
HEARING EXAMINERS
sections:
2.38.010 Policy.
2.38.020 Appointment -Term -Removal -Compensation -Duties and
responsibilities.
2.38.030 Noninterference in performance of duties.
2.38.040 Legal counsel for Hearing Examiner.
2.38.050 Procedures.
2.38.060 Disqualification of Hearing Examiner.
2.38.010 Policy
The conduct of public hearings in, quasi-judicial matters generally
involve disputed issues. It is in the best "inter -est of the
residents of the City to create. officers designated in this chapter
as "Hearing Examiners," whose duties shall be judicial in nature.
Whenever any ordinance of the City requires a public hearing to be
conducted by the Hearing Examiner, the hearing shaTl'"be conducted
in accordance with the procedures established in Chapter 2.16.
2.38.020 Appointment -Term -Removal -Duties
The Hearing Examiner shall be.appointed by the Mayor, confirmed by
the City Council, and shall serve for a term of four years. The
appointed Hearing Examiner shall be removed only upon conviction of
misconduct or malfeasance in office or because of physical or
mental disability rendering the Hearing Examiner incapable of
performing the duties of the office. The duties of the Hearing
Examiner shall be as established by the City Council by ordinance.
2.38.030 Noninterference in performance of duties.
No person shall attempt to influence the Hearing Examiner in the
performance of duties. The Hearing Examiner shall not discuss the
merits of 'any pending case- with any other
person except at the
public hearing. Any violation of this provision shall be deemed a
misdemeanor and may be punished by the provisions set out in
BIMC1.24.
2.38.040 Legal counsel for Hearing Examiner.
General legal advice to the Hearing Examiner will be provided by
the City Attorney, except that in a contested case wherein the City
will be represented by the City Attorney, the Mayor may appoint
independent counsel to render legal advice to the Hearing Examiner,
the cost of which shall be borne by the City.
2.38.050 Disqualification of Hearing Examiner.
A. The Hearing Examiner on his or her own initiative may enter
an order of disqualification in the event of personal bias or
prejudice or to preserve the appearance of fairness.
B. Prior to any hearing on a matter, a party may file an
affidavit, which is a sworn statement in writing and under oath,
stating that. such party cannot have a fair and impartial hearing by
reason of the Hearing Examiner's personal bias or prejudice. The
Hearing Examiner shall rule on the affidavit prior to making other
ruling and prior to the hearing. No party shall be permitted to
file more than one such affidavit under this section in regard to
any one proceeding.
Section 2. This ordinance shall take effect and be in force
five days from and after its passage, approval, publication and
posting as required by law.
PASSED by the City Council this 18th day.of February, v93,
APPROVED by the Mayor this 19 Qh
_1993.,
Sam J4. Oranato, Mayor
ATTEST/AUTHENTICATE:
Ralh Eells, Clerk -Treasurer
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: January 14, 1993
PASSED BY THE CITY COUNCIL: February 18, 1993
PUBLISHED: February 24, 1993
POSTED: February 24, 1993 r,..
EFFECTIVE DATE: February 23, 1993`"'
ORDINANCE NO.: 93-11