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Sue Tanner
HE contracting ordinance
July 15, 2004
Version #: I
ORDINANCE
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AN ORDINANCE relating to the Office of Hearing Examiner; adding a new subsection to Chapter 3.02
of the Seattle Municipal Code authorizing the Hearing Examiner to provide hearing examinerservices to other public entities and to accept compensation for those services for deposit into the
General Subfund.
WHEREAS, the Office of Hearing Examiner's caseload is determined entirely by factors outside the
Office's control and fluctuates widely; and
WHEREAS, the Hearing Examiner would like to try to stabilize the caseload, and thus the work of the
Examiner and Deputy Examiner, at a high level, through contracting to provide hearing services
with several smaller jurisdictions; and
WHEREAS, no additional staff or payment of overtime would be required for the Office of HearingExaminer to provide contract hearing services, as only salaried employees would perform the
extra work; and
WHEREAS, compensation received from contracts for the Office of Hearing Examiner's services
would defray some of the costs of maintaining the Office;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. A new subsection is added to Section 3.02.120 of the Seattle Municipal Code as
follows:
3.02.120 Powers of Hearing Examiner.
C. Using resources provided in the annual budget for the normal operation of the Office ofI
Hearing Examiner, the Hearing Examiner ingy provide hearing examiner services to other public entities
not likely to Upear before the Hearipg Examiner in C~y of Seattle matters. The Hearing Examiner is
authorized, on behalf of the Ci1y and without further ordinance, to enter into one or more contracts with
other public entities, whether pursuant to RCW 39.34.080 or otherwise, under which the Hearing
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Examiner will provide, and the City of Seattle will be compensated for, those services. Before enteripg
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Sue Tanner
HE contracting ordinance
July 15, 2004
Version#: I
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into M contract under this subsection, the Hearing Examiner shall obtain the advice of the City
Attorney and the Risk Manager as to the contract's provisions for liabili1y and indemnification. The
coMpensation called for in each contract shall be established by the Hearing Examiner as he'or she
deems qppropriate in each instance, but shall alwgys be designed, at a minimum, to recover the Hearjag
Examiner's marginal costs of performing the services. The Hearing Examiner is authorized.jo accept all
monetary coMpensation received under these contracts for deposit in the General Subfund.
Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its
approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after
presentation, it shall take effect as provided by Municipal Code Section 1,04.020.
Passed by the City Council the /0--day of 12001, and signed by me in open session
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in authentication of its passage this day of
Filed by me this,~~L-"~Vay of
Seal)
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Sue Tanner:
Fiscal Note - HE contracting ordinance
July 15, 2004
Version #: I
FISCAL NOTE FOR NON-CAPITAL PROJECTS
D partment: Contact Person/Phone: DOF Analyst/Phone:
Hearing Examiner Sue Tanner/684-0703 Janet Credo/684-8687
Legislation Title: AN ORDINANCE relating to the Office of Hearing Examiner; adding a newsubsection to Chapter 3.02 of the Seattle Municipal Code authorizing the Hearing
Examiner to provide hearing examiner services to other public entities and to! accept
compensation for those services for deposit into the General Subfund.
0 Summarer,-y
of the Legislation: This Council Bill authorizes the Hearing Examin'
using budget resources, to contract with other jurisdictions to provide hearing
examiner services at cost, with revenue generated going to the General Subfund.
Background: The Office of Hearing Examiner's caseload is determined entirely by
factors outside the Office's control and fluctuates widely. Statistics for the last ton
years show that the number of cases filed can increase or decrease by 15% to 70%each year. The Hearing Examiner would like to try to stabilize the caseload, and thus
the work of the Examiner and Deputy Examiner, at a high level through contracting to
provide hearing services with several smaller jurisdictions. No additional staff or
payment of overtime would be required, as only salaried employees would increase
their hours to cover the work.
Please check one of the following:
This legislation does not have apA financial implications. (Stop here and delete
the remainder of this document prior to saving andprinting.)
X- This legislation has financial im]21ications. (Please complete all relevant
sections thatfollow.)
Appropriations: (Please only reflect the dollar amount actually appropriated by this
legislation)
Fund Name and
NumberDepartment Budget Control
Level*
2004
Appropriation
2005 A#ticipated
Apprdpriation
TOTALThis is line o businessfor operating budgets, andprogram or projectfor capital!f
improvements
Notes: Any appropriations will be made in the 2005 budget.
Sue Tanner:
Fiscal Note - HE contracting ordinance
July 15, 2004
Version #: I
Antic~eated Reven yelReinthursement: Resulting From This Legislation:
Fund Name and Department Revenue Source 2005 2 0
.
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Number Revenue RevenueGeneralFundOlOO HearingExaminer Interlocal $30,000.00 $35.000~100
BCL: V1XOO Contracting
TOTAL,
$30,00 .00 $35,00poNotes:
1. i
Total RfLular Positions Created Or AbLegated Throuah This Legislation, Includina
FTE LiMpact:
Position Title* Part-Time/
Full Time
2003
Positions
2003
FTE2004
Positions"
2004
TOTAL
" Fund Name and Number:
" Department:
List each position separately
2004 positions and FTE are total 2004 position changes resultingftom this
legislation, not incremental changesftom 2003.
* Do positions sunset in the future? (Ifyes, identify sunset date):
g_ or allSpendin lCash Flow: (Please complete this section only in those cases where part
of the funds will be spent in a different year than when they were appropriated (e.g., ias in
the case ofcertain grants and capital projects)
Fund Name and
NumberDepartment Budget Control
Level*
2005
Expenditures
2006 A ticipated
Expe'ditures
TOTAL* This is line o businessfor operating budgets, andprogram orprojectfor capital
improvements
Notes: Any appropriations and anticipated expenditures will be reflected in the 2005
budget.i
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Sue Tanner:
Fiscal Note - HE contracting ordinance
July 15, 2004
Version #: I
What is the financial cost of not implementing, the legislation? There is a certain
minimumlevel of fixed costs associated with maintaining an administrative hearing
office. If this legislation is not implemented, the City will forego the opportunity of
having the Office of Hearing Examiner attempt to recover some of those costs for the
city.
0 What are the possible alternatives to the legislation that could achieve the S~ mor similarobiectives? NA
0 Is the leeislation subject to public hearing requirements: No
Other Issues The Council Bill will provide the Office of Hearing Examiner the
opportunity to market its services to smaller jurisdictions at competitive rates. If
OHE is successful in obtaining outside contracts for hearing services, the contract
work would maximize use of the Office's resources while generating revenue for the
general ftind, thereby defraying some of the costs of maintaining the Office.i
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City of Seattle
Office of Hearing ExaminerSue Tanner, Hearing Examiner
Anne Watanabe, Deputy Hearing Examiner
9,3-71,? J~
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ayo-I
July 15, 2004
Honorable Jan Drago
President
Seattle City Council
CH 02-10
Dear Council President Drago:
I am pleased to transmit the attached proposed Council Bill that authorizes the Hearing Examine~
to enter into contracts to provide hearing examiner services to other jurisdictions. The Examine~is to provide these services with existing staff, and the revenue generated will go to the General
Fund. To enable the Examiner to be competitive in marketing its services, the rate to be~~ charged
is left to the Examiner's discretion so long as it covers the marginal costs '6f performing the wort.
Services are to be provided only to public entities that, are not likely to appear as a party in the
Examiner's hearings for the City. The Examiner is to obtain the advice of the City Attorney and~
Risk Manager as to each contract's provisions on liability and indemnity, but a separate ordinancefor each would not be required.
The Office of Hearing Examiner's caseload is determined entirely by factors outside our control
and fluctuates widely. Statistics for the last ten years show that the number of cases filed canincrease or decrease by 15% to 70% each year. Thus, while it is essential to maintain our
existing, core staffing level (4.7 FTEs), I would like to try to maximize use of our resources. Tostabilize the caseload (and thus the Deputy Examiner's and my work) at a high level, we propose
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to contract to provide hearing services to several smallerjurisdictions. No additional staff or
payment of overtime would be required, as the Deputy Examiner and I are both salaried:
employees. We intend to contract with agencies that have an established hearing examiner
support system and require only an outside examiner to step into it.
This Council Bill will provide the Office of Hearing Examiner the opportunity to market its
services to smaller jurisdictions, at a competitive rate, and the contract work would maximize useof the Office's resources while generating revenue for the General Fund. Thank you for
considering this legislation. Should you have questions, please contact me at 684-0703.
Sincerely,
Sue A. Tanner
Hearing Examiner
618 Second Avenue, Alaska Building, Room 1320, Seattle, WA 98104-2222
Tel: (206) 684-0521, Fax: (206) 684-0536., www.cityofseatte.pet/examiner
Anequal einployment opportunity, affmative action employer. Reasonable accommodations upon request.
STATE OF WASHINGTON - KING COUNTY--sS.
176233 No. ORDINANCE IN FULLCITY OF SEATTLE,CLERKS OFFICE
Affidavit of Publication
The undersigned, on oath states that he is an authorized representative of The Daily Journal of:
Commerce, a daily newspaper, which newspaper is a legal newspaper of general circulation and it is nowand has been for more than six months prior to the date of publication hereinafter referred to, published i
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nthe English language continuously as a daily newspaper in Seattle, King County, Washington, and it is nowand during all of said time was printed in an office maintained at the aforesaid place of publication of thi
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s
newspaper. The Daily Journal of Commerce was on the 12'h day of June, 1941, approved as a legal
newspaper by the Superior Court of King County.
The notice in the exact form annexed, was published in regular issues of The DailyJournal of Commerce, which was regularly distributed to its subscribers during the below stated period.The annexed notice, a
CT: 121562 ORD IN FULL
was published on
8/27/2004
Subscribed and sworn to before me on
8/27/2004
Notary public for the~ State of Washington,
residing in Seattle
State of Washington, King County
C7-
of Seattleof~S_ea~fl_ORDINANCE 121562
AN ORDINANQF r6atmg to tiw Offlc~
ofHeRrIngIn -
tr Cbapter 3,02
code authurivn~ t~" lfi~armg Ex"lni..tr ~o
~ide hea~~n& mammer ~er'ices to olhtrpon~!c ey)ttttes ar'd to
R'cep"for hoae '.~rvm~s for ~C.po~'t into fh~ Gencn_~
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