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.