LETTER TO HEX - GERLACHMARCUS GERLACH
579 Stetson Place
Bainbridge Island, WA 98110
July 24, 2017
Jennifer Smith, Assistant to the Hearing Examiner
City of Bainbridge Island
280 Madison Ave Via Electronic Mail Only
Bainbridge Island, WA 98110
RE: APPEAL (SSDP 13500)
Dear Ms. Smith:
I am in receipt of your request for availability to participate in a pre-hearing conference
on August 1, 2017. I will be unavailable on August 1, 2017. Please propose a new pre-
hearing conference date during the week of August 21- 25, 2017.
Before the appeal can he heard, the Appearance of Fairness issue must be satisfactorily
resolved. The Hearing Examiner’s June 12, 2013 Order, stayed the appeal pending
resolution of the Appearance of Fairness issue. On September 5, 2013, the Kitsap
County Superior Court Order confirmed the Hearing Examiner’s obligation to decide the
Appearance of Fairness issue before the appeal may proceed. Judge Dalton’s September
Order stated, “Plaintiffs seek as relief, transfer of their permit application from the
Defendant to Kitsap County…” Judge Dalton further stated, “Plaintiffs request relief
access to [a] ‘fair process,’ but Plaintiffs already have access to such remedy via their
pending appeal with the Hearing Examiner.” COBI’s counsel confirmed the Hearing
Examiner’s ability to review and decide the Appearance of Fairness issue before the
appeal could be heard. On June 14, 2013, the Court asked COBI’s counsel, “So, your
interpretation of that statutory provision [RCW 42.36.080- Appearance of Fairness
Doctrine] would allow Mr. Gerlach the opportunity to raise the issue with the hearing
examiner?” James Haney stated, “Yes.”
The above-referenced appeal can only be scheduled after the outstanding Appearance of
Fairness issue is resolved. If the Appearance of Fairness motion is not granted, I require
deposition subpoenas for current and former COBI agents, as well as Island County
residents with similar bulkhead projects. Please confirm the Hearing Examiner’s
authority to issue subpoenas to all parties, which are required by the appellants.
Please provide me with proposed dates during the week of August 21-25, 2017 for the
pre-hearing conference. If you have any questions, please contact the undersigned.
Very truly yours,
/S/
Marcus Gerlach
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