Drafter

Clerk 06/24/2025

Title

AN ORDINANCE relating to appointing qualified persons to serve as examiners pro tempore; amending Ordinance 263, Article 5, Section 2, as amended, and K.C.C. 20.22020, establishing an expiration date, and declaring an emergency.

Body

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Findings:

                     A.  Section 896 of the King County Charter requires that the council shall an opportunity for an administrative appeal to a hearing examiner or other body for appeals from the granting or rejecting of an application for zoning variance or conditional use permit.

                     B.  The office of hearing examiner was originally established by the county council in 1969 to fulfill the charter-based function.  Over the years, the council has expansively broadened the hearing examiner's role to act on behalf of the council in considering and applying county policies and regulations.  Under K.C.C. 20.22.040, the hearing examiner hears appeals from a variety of department decisions, as well as under K.C.C. 20.22.050 makes recommendations to the council on various matters.

                     C.  To efficiently process the variety of matters that now come before the hearing examiner,  K.C.C. 20.22.020 empowers the hearing examiner, or the deputy hearing examiner in the event of the absence or inability of the hearing examiner to act, to appoint hearing examiners pro tempore.  Over the years, the hearing examiner has appointed several examiners pro tempore, some serving for just one matter, some serving for a matters that arise in a particular area, such as land use.

                     C.  With the positions of hearing examiner and deputy hearing examiner currently vacant, additional hearing examiners pro tempore are urgently needed to process the current and expected hearings.

                     D.  Without the council's ability to appoint examiners pro tempore under these unique circumstances, hearings will be delayed, timelines will be missed, and the rights of residents to expeditious determination will be compromised, leading to unintended consequences and risks to the county.

                     E.  This ordinance is necessary to authorize the council to appoint examiners pro tempore only under the unique circumstances currently present, which will support the ongoing operations of the office of hearing examiner and preserve the of public peace, health or safety for all the residents of the county.

                     SECTION 2.  Ordinance 263 Article 5, Section 2, as amended, and K.C.C. 20.22.020 are each herby amend to read as follows:

                     A.  The office of hearing examiner is created and shall act on behalf of the council in considering and applying adopted county policies and regulations.  The examiner shall separate the application of regulatory controls from the legislative planning process, protect, and promote the public and private interests of the community, and expand the principles of fairness, due process, openness, and equity in public hearings.

                     B.1.  The council shall appoint the hearing examiner to serve for a term of four years.

                       2.  The council may authorize the hearing examiner to hire a deputy examiner to assist the hearing examiner with the powers and duties described in subsection D. of this section.

                       3.  The council may authorize the hearing examiner to create a roster of qualified persons to serve as examiner pro tempore, with the powers and duties described in subsection E. of this section.

                     C.  Examiners shall be appointed solely based on their qualifications for the duties of their offices and shall have such training or experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge their other functions.  They shall not hold another appointive or elective public office or position in county government except as authorized by the council by motion.

                     D.  A deputy examiner shall assist the hearing examiner in performing the duties conferred upon the hearing examiner by ordinance and, in the event of the absence or the inability of the hearing examiner to act, has all the duties and powers of the hearing examiner.

                     E.  The hearing examiner may appoint an examiner pro tempore to a case from the roster created in accordance with subsection B.3. of this section.  Once appointed to a case, an examiner pro tempore has the same duties and powers as the hearing examiner.

                     F.  The hearing examiner may be removed from office for just cause at any time by the affirmative vote of at least six members of the council.

                     G.  Individual councilmembers, county officials, or any other persons, shall not interfere with, or attempt to interfere with, the performance of the designated duties of the examiner.

                     H.  Notwithstanding any other provision in this section, in the event of a vacancy in the hearing examiner and deputy hearing examiner positions, the council may appoint by motion qualified persons to serve as examiners pro tempore with the powers and duties described in the motion.

                     SECTION 3.  The county council finds as a fact and declares that an emergency exists and that this ordinance is necessary for the immediate preservation of public peace, health or safety or for the support of county government and its existing public

institutions.

                     SECTION 4.  This ordinance expires January 1, 2026.