KENNEWICK -- Kennewick City Attorney Lisa Beaton says the city could sidestep legal issues and maybe save some money if the council gets rid of its boards of adjustment and appeals and hires a professional hearing officer.
Beaton said it would be even better if Kennewick and Richland become partners in contracting with a hearing officer to handle all land issues that are quasi-judicial in nature.
"I strongly recommend it," Beaton told the council at its workshop Tuesday evening. She said land use issues are in the top two areas for legal risk.
"Land use law is ripe for litigation and having a hearing examiner is worth the investment," Beaton said.
Having the city council in dual roles as policy maker and overseeing quasi-judicial matters is not good, Beaton said.
It would be better to have a designated hearing examiner to make rulings on permits, and let the council make decisions on policies and contracts, she said.
"There needs to be a separation of roles," Beaton said.
Two recent examples support having a hearing examiner, she said.
One was the Columbia Park Golf Course lawsuit where the city council found itself making a judgment call on the permit and then deciding what it wanted in a contract with operator Gary Long Jr. The result was costly litigation.
A second situation developed when Jose Chavallo proposed a project on the northeast slope of Thompson Hill near the Panoramic Heights subdivision.
Beaton noted that the city was in a similar potential conflict of deciding on a comprehensive plan amendment sought by the developer while also ruling on a quasi-judicial permit he requested.
A hearing examiner would have handling the decision for the permitted activity in both cases, Beaton said, explaining that the separation of roles would have minimized potential litigation.
Beaton noted that 94 of Washington's 281 cities and towns use hearing examiners.
Mayor Steve Young said Beaton should continue to refine her recommendation and bring it back for council action.
* John Trumbo: 509-582-1529; jtrumbo@tricityherald.com
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AGENDAS: Mid-Columbia public meeting schedule
AGENDAS: Mid-Columbia public meeting schedule
Here is a listing of the agendas this week for Mid-Columbia public agencies:
Monday
* Walla Walla County Commission, 9:30 a.m., commissioners chambers, Public Health and Legislative Building, 314 W. Main St.: will hear budget presentation and review from human services, auditor and sheriff departments. Public hearings to consider adoption of 2012 property tax levies and the county budget; Action items include approval of request for grant funds from Pelo Foundation for access to baby and child dentistry, discussion regarding claims against the county; executive session on personnel issues and collective bargaining negotiations.
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