SB 5719 is a bill that is well-intended but fails on practicality. As stated below, it’s well known that using a hearing examiner is a best practice because the examiner, which is usually an attorney, can make an objective decision based on the record. However, as with many ideas floating around the Legislature, the desire to require cities to use one is difficult to implement in practice.
The reason comes down to the data. Based on our research, the following statistics shed light on the problem:
- 134 cities have ordinances in place that refer to the use of a hearing examiner.
- According to the Hearing Examiner Association of Washington, there are approximately 30 hearing examiners statewide that work on local issues.
- If this bill were to pass, an additional 50 cities would be required to use a hearing examiner.
Math as never been my strongest subject but that simply doesn’t add up.
Dates to remember
SB 5719 will be heard in the House Local Government Committee on Wednesday, March 19 at 8 am and is scheduled for a vote in the same committee on Friday, March 21 at 10:30 am.
Do you use a hearing examiner? This bill would require it
February 14, 2025
Proposed by Sen. Jesse Salomon (D–Shoreline), SB 5719 would require all cities and counties to use a hearing examiner instead of having city council be the decision-maker for land use proposals requiring a quasi-judicial proceeding.
It’s well known that using a hearing examiner is a best practice because the examiner, which is usually an attorney, can make an objective decision based on the record. This can politically insulate the council, result in more uniform outcomes, and reduce a city’s liability.
Cities and counties have the authority now to use a hearing examiner and many do. The problem with requiring the use of one is there is a known shortage of hearing examiners. Another concern with the SB 5719 is it appears to remove the existing authority of a hearing examiner to hear appeals of administrative decisions. We understand this to be a common role for hearing examiners and for good reason – it adds an opportunity for correction before the matter heads to court. This seems particularly important given the focus of the Legislature to require cities to use more administrative processes on land use decisions.
We would love to hear from cities that use a hearing examiner and for those that have tried to retain one but have been unsuccessful.
Date to remember
SB 5719 is scheduled for a public hearing in the Senate Local Government Committee on Monday, February 17 at 1:30 pm.