Title
Approval of the Proposed Hearing Examiner Request for Qualifications Process
Recommended Action
Committee Recommendation:
Not referred to a Committee.
City Manager Recommendation:
Move to approve the proposed Hearing Examiner Request for Qualifications process.
Report
Issue:
Whether to approve the proposed Hearing Examiner Request for Qualifications process.
Staff Contact:
Tim Smith, Deputy Director, Community Planning and Economic Development, 360.570.3915
Presenter(s):
Tim Smith, Deputy Director, Community Planning and Economic Development
Background and Analysis:
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
The City of Olympia and Mark Scheibmeir completed a Professional Services Agreement (PSA) in 2013 for Mr. Scheibmeir to carry out the duties of Hearing Examiner for the City. The Agreement was then amended on three occasions to extend the length of the PSA. The most recent PSA was signed by the City and Mr. Scheibmeir in 2022 following a formal search and issuance of a Request for Qualifications. The City and Mr. Scheibmeir subsequently agreed to a 2-year extension of the PSA with a contract amendment in 2024. The current PSA is set to expire on April 30, 2026.
The Hearing Examiner selection process is outlined in OMC 18.82.040. The City Council is responsible for selecting the Hearing Examiner and will conduct a selection process at least once every four years. The selection process is conducted as deemed appropriate by the City Council.
The Hearing Examiner may be retained on a professional service contract for a term on conditions appropriate by the City Council. The contract may also provide for Hearing Examiner(s) pro tem to serve in the absence of the Hearing Examiner on terms and conditions deemed appropriate by the City Council. The purpose for 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 out due to illness.
Staff proposes the following selection process and timeline, which is similar to the process followed in 2022:
• Late December: Staff to issue RFQ with a timeline for responses
• Late January: Staff screening committee to select candidates for interview
• February 12, 2026: LUEC holds special meeting to conduct interviews with selected candidates for the Hearing Examiner and Hearing Examiner Pro Tem positions
• February 26, 2026: LUEC holds regular meeting and selects candidates for Hearing Examiner and Pro Tem Hearing Examiner positions for recommendation to City Council.
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. Direct staff to publish the RFQ and conduct the selection process for the next Hearing Examiner and Pro Tem Hearing Examiner contracts.
2. Discuss and make changes to the RFQ and selection process
3. Defer item to a future meeting
Attachments:
Draft Request for Qualifications