HomeMy WebLinkAboutord1996-043WHATCOM COUNTY COUNCIL AGENDA BILL NO-1996-288
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: County Council 8/9/96 ' Cody Council
Division Head: —E � � �
C; EE 1 U
Dept. Head:
Prosecutor: CCT C 9 1996
/Budget:
WHA T COM COUNTY
Ewutive: COUNCIL
SUBJECT-
Ordinance amending Hearing Examiner appeal process: Transcripts
ATTACIDWENTS
SUMMARY STATEAMNT.•
Related County Cotract #: l Should the Clerk schedule a hearing? (YIN) Requested Date:
Ordinance amending ordinance 95 -033 and the Whatcom County Code Section 20.92, regarding appeals of Hearing Examiner
decisions to the County Council. This amends the procedure to no longer allow an abriged transcript. If approved, the
appellant must provide a full transcript of the hearing examiner hearing.
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN
1996-288 9117196: Introduced
10/1/96: Held in Committee until Oct. 15., 1996
10/15/96: Adopted 5 - 2, Brown and Brenner opposed. Ord. #96-
043
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heappeal.ord 8/8/96 SPONSORED BY: Consent
PROPOSED BY: Council Clerk
INTRODUCTION DATE: 9 /17 9 6
ORDINANCE NO. 96 -043
AMENDING ORDINANCE 95 -033 AND THE WHATCOM COUNTY CODE SECTION
20.92, REGARDING APPEALS OF HEARING EXAMINER DECISIONS TO THE
COUNTY COUNCIL
WHEREAS, Whatcom County Code Section 20.92 provides a process for appealing a
decision rendered by the Whatcom County Hearing Examiner, and;
WHEREAS, the existing process needs to be amended to eliminate outdated procedures,
and;
WHEREAS, Section 20.92.630 (1) allows the appellant to provide a summary of the
facts or an abridged transcript in place of a full transcript; and
WHEREAS, in order to prepare a summary of the facts or an abridged transcript a full
transcript would need to be prepared because the Whatcom County Hearing Examiner's staff no
longer takes minutes at the hearings; and
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code Chapter 20.92 of the official Whatcom County Code is hereby amended
as follows:
630 Transcript
(1) The appellant shall make arrangements for the preparation of the transcript with
the court reporter present at the Hearing Examiner's hearing and shall forward the
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transcript to the County Council office within 30 days of filing the appeal. Upon
2 request of the Council office, the Hearing Examiner's office shall prepare and
3 transmit to the Council office the Hearing Examiner's file, together with exhibits.
eounty eouncii
abridged transcript may be substituted
substitution .. ..
7 motion. The motion shall be d by proof
9 (2) A copy of the record on appeal shall be provided by the appellant to the Council
10 office and copies shall be made available to parties on request at a cost to be fixed
11 by the Council office.
12 ADOPTED this 15 day ofOctober , 1996.
13 WHATCOM COUNTY COUNCIL
14 ATTEST:
WHATCOM COUNTY, WASHINGTON
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16 Dana rown - Davis, Clerk of the Council L. Ward Nelson, Council Chair
17 APPROVED AS TO FORM:
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19 Daniel Gibson, Civil Deputy Prosecutor
WA/pproved () Denied
-Pete Kremen, County Executive
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