Title
Approval of Hearing Examiner Position Candidate Recommendations
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to recommend candidates for the positions of Hearing Examiner and Pro Tem Hearing Examiner to the City Council for consideration.
Report
Issue:
Whether to recommend candidates for the positions of Hearing Examiner and Pro Tem Hearing Examiner to the City Council for consideration.
Staff Contact:
Tim Smith, Director, Community Planning and Economic Development, 360.570.3915
Presenter(s):
Nicole Floyd, Planning Director
Background and Analysis:
The Land Use and Environment Committee (LUEC) directed staff to move forward with a Request for Qualifications (RFQ) for the services of both Hearing Examiner and Pro Tem Hearing Examiner at their meeting on December 18, 2025. The current Hearing Examiner contract will expire on April 30, 2026. The purpose of having a Pro Tem Hearing Examiner is to ensure land use matters can be heard if the Hearing Examiner has either a schedule conflict or is otherwise unavailable due to illness or other matter.
The position of Hearing Examiner is established in Olympia Municipal Code (OMC) Chapter 18.82. The purpose of this Chapter, as stated in OMC 18.82.020, is to:
1. Separate the land use regulatory function from the land use planning process.
2. Ensure procedural due process and appearance of fairness in land use regulatory hearings and decisions.
3. Provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters.
4. Provide for consistency and predictability in land use decision making and the application of policies and regulations adopted by the City.
5. Establish clear and understandable rules governing the land use decision-making process.
An RFQ was posted on the City website in December 2025, along with being published in the Daily Journal of Commerce. The RFQ was also distributed to members of the Hearing Examiner Association of Washington. Two responses to the RFQ were received. A City staff screening committee reviewed the responses and forwarded both candidates to the LUEC for interviews. LUEC then conducted interviews of the two candidates at a special public meeting on February 17, 2026.
Climate Analysis:
This agenda item is not expected to directly result in impacts to greenhouse gas emissions. However, the Hearing Examiner’s role in development review services enable energy-efficient construction consistent with the City’s Comprehensive Plan policies for more dense patterns of development. This will support increased use of alternative transportation modes that help reduce greenhouse gas emissions.
Equity Analysis:
The City strives to provide City services including the development review process equitably to our community members and business communities, as well as the greater Olympia community. This agenda item is not expected to further impact known disparities in our community.
Neighborhood/Community Interests (if known):
The work of the Hearing Examiner has been a topic of interest to many community members as development continues throughout the City.
Financial Impact:
There is not a direct financial impact related to this RFQ and selection process. The Hearing Examiner contract will continue to provide for the Examiner to be paid on an hourly basis for required hearings. Permit fees are included in OMC 4.40 for staff costs to prepare and conduct Hearing Examiner hearings, and for appeals to the Examiner of administrative decisions.
Options:
1. Move to recommend candidates for the positions of Hearing Examiner and Pro Tem Hearing Examiner to the City Council for consideration.
2. Do not recommend candidate(s) for the position of Hearing Examiner and/or Pro Tem Hearing Examiner to City Council.
3. Discuss further at a future meeting.
Attachments:
Request for Qualifications
Mark Scheibmeir Response to RFQ
Phil Olbrechts Response to RFQ