Title
Action on Complaint Against Public Officer - Hearing Examiner
Recommended Action
Committee Recommendation:
Not referred to committee.
City Manager Recommendation:
Move to reject the complaint and deny the demand to terminate services of the Hearing Examiner.
Report
Issue:
Whether just cause exists under OMC 18.82.060 to terminate the services of the City's Hearing Examiner, Mark Scheibmeir, for violation of the appearance of fairness doctrine.
Staff Contact:
Leonard Bauer, Director, Community Planning & Development, 360.753.8206
Mark Barber, City Attorney, 360.753.8223
Presenter(s):
Cheryl Selby, Mayor
Background and Analysis:
On July 13, 2021, resident Dan Leahy submitted a complaint to the Olympia City Council, alleging a violation of the appearance of fairness doctrine by the City's Hearing Examiner, Mark Scheibmeir, during the Wellington Heights Subdivision hearing in 2018 and 2019. Mr. Leahy argues the Hearing Examiner failed to disclose a business relationship with property owners in the area of Cooper Point Road.
Mr. Leahy further complains the Hearing Examiner should have recused himself from the hearing for the Wellington Heights development based on this business relationship. He argues the Hearing Examiner should have disclosed this relationship during the Wellington Heights public hearing in 2018 and 2019.
Based on these arguments, Mr. Leahy requests that the City Council (1) remove the Hearing Examiner "with regard to the opening of Decatur SW at the Public Pathway to automobile traffic;" and (2) that Council replace the Hearing Examiner due to his failure to disclose business relationships with property owners in the area of Cooper Point Road.
On July 16, 2021, a letter on behalf of the Council was sent to the Hearing Examiner by Mayor Selby and Mayor Pro-Tem Gilman. In this letter, Council requested the Hearing Examiner provide a response to Mr. Leahy's complaint concerning the hearing in the Wellington Heights Subdivision...
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