Pepper Fisher
SEQUIM — The Sequim City Council has called a special meeting on Saturday at 6:00 p.m. to decide whether or not to make changes to the Municipal Code that would allow the hearing examiner they hired to review challenges to the Jamestown S’Klallam Tribe’s proposed MAT clinic.
Last Sunday the hearing examiner, Phil Olbrechts, cancelled the hearing that was scheduled for next week after concluding that language in the City’s code put the responsibility of reviewing this specific type of appeal in the hands of the City Council.
The 6-member council must now decide whether to take on that responsibility or change the language in the Municipal Code.
The agenda for Saturday’s meeting reads, in part: “City Councilmembers are concerned that, given imminent deadlines, appearance of fairness issues, and the need to focus on policy-related priorities arising from the COVID-19 emergency, they do not have the time or capacity to conduct an open record appeal hearing that complies with the law. The Council is ill equipped to facilitate an open record appeal hearing of this magnitude due to their lack of experience, training, and education; none of them have any legal experience to speak of. In addition, as demonstrated by the copious amounts of written materials submitted by all parties, this matter has been the subject of intense public debate for the past 15 months, sometimes involving Councilmembers themselves,
raising questions regarding appearance of fairness and potential conflict issues.”
It continues: “Staff’s opinion is that the City Council is not in a position to hold an open record appeal hearing on such short notice, especially when the issues raised are highly technical and legal…As such, it is unlikely that the Council as a whole can neutralize appearance of fairness allegations in concert with allegations of politicizing this land use issue and being unduly influenced by public pressure campaigns. Finally, the Hearing Examiner scheduled three full, consecutive days for this hearing; it is highly unlikely that that Council would be able to conclude its hearing in such an efficient manner because of the multitude and complexity of the issues it would need to rule upon.
Time is of the essence, which is why staff are bringing this to Council as an emergency
ordinance. If Council chooses to clarify the City’s code, it will need to do so before the
Hearing Examiner issues his interlocutory decision.”
City Attorney Kristina Nelson-Gross and Mayor William Armacost were unavailable for comment this afternoon.
The special City Council meeting will be held virtually through Microsoft Teams. Members of the public can listen to the meeting by calling (253) 363-9585, conference ID 165 939 349#, or listen through the City’s website https://www.sequimwa.gov/669/City-Council-Boards-Commission-Media.
Photo: Jay Cline