HomeMy WebLinkAboutord2010-057 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 385
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Ori 'nator: _ Engel 10/28/2010 11 /9/2010 Introduction
Division Head: 11 / 23 / 10 Finance / Coup cl
Dept. Head:
Prosecutor:
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT:
Ord amend WCC 20.92, Hearing Examiner, Appeals to County Council
ATTACHMENTS:
Proposed ordinance
SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
This ordinance amends WCC 20. 92.630 regarding provision of transcript to Council by appellant when appealing a Hearing Examiner decision to the
Council
COMMITTEE ACTION:: COUNCIL ACTION:
11 / 23 / 2010 : Amended and forwarded to Council 11 / 09 / 2010 : Introduced
for approval 11 / 23 / 2010 : Council Adopted amended version
7 - 0 Ord . 2010-057
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Ord . 2010-057
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County 's website at: www. co. whatconz. wa. us/council.
SPONSORED BY : Consent
PROPOSED BY : Council Clerk
INTRODUCTION DATE : 11/9/ 10
ORDINANCE NO . 2010-057
AMENDING WHATCOM COUNTY CODE, CHAPTER 20 . 92, HEARING EXAMINER,
REGARDING APPEALS TO COUNTY COUNCIL
WHEREAS, Whatcom County Code ( WCC) Chapter 20 . 92 provides a process for
appealing decisions rendered by the Whatcom County Hearing Examiner, and ;
WHEREAS, the existing process requires the appellant to submit a verbatim
transcript of the Hearing Examiner's hearing to the County Council Office, and ;
WHEREAS, due to budget constraints, the Hearing Examiner's budget no longer
includes funding to pay for court reporter services at hearings with the Hearing Examiner,
and ;
WHEREAS, audio recording of the Hearing Examiner's hearing can be made by
County staff and saved on a CD ;
NOW, THEREFORE, BE IT ORDAINED, by the Whatcom County Council that
Whatcom County Code 20 . 92 . 630 Transcript be amended as indicated in Exhibit A to this
ordinance .
NOW, THEREFORE, BE IT FURTHER ORDAINED, the effective date of this
ordinance is January 1 , 2011 , regardless of signature dates .
�Q��d cthi t� 2 rd day of November , 2010 .
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0 • • F H rrc ••,L WHATCOM COUNTY COUNCIL
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D'kna BtS a&1F4W 6Cler ef the Council Sa Crawford , Co ncil Chair
APPR% • A* TO F`QAN : Approved ❑ Denied
A s/a. /
Karen Frakes, Senior Deputy Prosecutor • ete Kre en , County Executive
Date : U-30- 1°
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EXHIBIT A
20 . 92. 600 Appeal to county council .
( Ord . 2008- 008 Exh . A, 2008 ; Ord . 2000- 043 , 2000 ) .
20 . 92. 610 Applicant appeal .
The applicant, any party of record or any county department may appeal any final decision
of the hearing examiner to the county council . The appellant shall file a written notice of
appeal at the county council office within 10 business days of the final decision of the
hearing examiner. Any parties of record from the hearing examiner's proceedings who wish
to continue to be considered parties of record must register with the county council in
writing no later than 10 days after the date of the notification of appeal letter which is sent
from the hearing examiner's office . The notification cif appeal letter will be sent from the
hearing examiner's office within three working days of receiving written notification from the
county council office that an appeal has been filed . ( Ord . 2008 - 008 Exh . A, 2008 ; Ord .
2000 - 043 , 2000 ; Ord . 95 - 033 , 1995 ) .
20 . 92. 620 Fee .
A fee , as established in the Unified Fee Schedule, shall be paid to the county council office
upon filing of any appeal . This fee shall not apply to appeals initiated by a county
department . ( Ord . 2008 - 008 Exh . A, 2008 ; Ord . 2000 - 043 , 2000 ; Ord . 95 - 033 , 1995 ; Ord .
87 - 41 , 1987 ) .
20 . 92. 630 Transcript.
( 1 ) The appellant shall obtain a copy of the electronic recording of the hearing examiner's
hearing from the hearing examiner's office . The appellant shall make arrangements for the
preparation of the verbatim transcript • - - - • ; . - : - - - • of the hearing
examiner's hearing by a professional transcriptionist who will include a signed Transcriber
Certification with the verbatim transcript . The appellants-n4 shall forward the transcript to
the county council office within 30 days of filing the appeal .
Upon request of the council office , the hearing examiner's office shall prepare and transmit
to the council office the hearing examiner's the , together with exhibits .
( 2 ) A copy of the record shall be made available by the county council office to parties upon
request submitted to the county council office . ( Ord . 2008 - 008 Exh . A, 2008 ; Ord . 2000 -
043 , 2000 ; Ord . 96 - 043 , 1996 ; Ord . 95 - 033 , 1995 ) .
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