2024-002 RFP Land Use Hearing Examiner

Agency:	Kitsap County
State:	Washington
Type of Government:	State & Local
NAICS Category:	541620 - Environmental Consulting Services
Posted Date:	Jan 5, 2024
Due Date:	Jan 26, 2024
Solicitation No:	2024-002
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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LETTER TO REQUEST PROPOSALS

KITSAP COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT

RFP# 2024 -002

Project Title:

Estimated Contract Period:

Proposal Due Date:

Submit Proposal To:

Land Use Hearing Examiner

March 25, 2024 – March 23, 2025

Upon reappointment the term of office shall be up to three years.

Amendments extending the period of performance, if any, shall be at the sole

discretion of Kitsap County.

All responses must be e-mailed to Glen McNeill, Procurement Coordinator at

gsmcneill@kitsap.gov by 2:00 p.m. Pacific Time, on January 26, 2024.

Glen McNeill, Procurement Coordinator

Department of Administrative Services

E-Mail: gmcneill@kitsap.gov

Phone: (360) 337.4410

Response Deadline: January 26, 2024, at 2:00 PM

GENERAL INFORMATION

Kitsap County’s Request for Proposals (RFP) invites Statements of Qualifications (SOQ) from

qualified individuals, firms and organizations who can provide the professional services for land use

hearing examiner services for Kitsap County. Kitsap County intends to select one or more hearing

examiners, enabling additional flexibility and capacity for matters that require decisions from the

hearing examiner. Successful candidates shall be appointed initially for a one-year term. Thereafter,

upon reappointment and through contract amendment in mutual agreement with the County and

Contractor, the term of office shall be for up to three years. Terms among multiple chief examiners

may be staggered.

BACKGROUND

With a population of close to 270,000 residents and founded in 1857, Kitsap County is located on

the Kitsap Peninsula in Washington State across the Puget Sound from Seattle. It comprises a total

land mass of 393 square miles. Kitsap County occupies a unique portion of the State of

Washington, directly between the urban areas of Seattle and Tacoma and the Olympic

Mountains. It is bounded by Hood Canal on the west, Puget Sound on the east, and Mason and

Pierce Counties to the south. The county seat is in the City of Port Orchard. While Kitsap is

ranked as the 36th largest county in Washington by land mass, it is the 3rd most densely populated

county in the state. Kitsap is governed by a three‐member Board of County

Commissioners.

Chapter 2.10 Kitsap County Code (KCC) establishes Kitsap County’s Hearing Examiner System

and provides the duties and role of the hearing examiner. As further detailed below in the

scope of work, hearing examiner duties include, but are not limited to:

• Hearing cases as assigned and preparing clear, defensible written decisions,

• Preparing an annual summary of decisions,

• Updating Rules of Procedure that govern the conduct of proceedings,

• Providing recommendations for improving the Hearing Examiner System; and

• Providing other observations and recommendations pertaining to land use policies or

legislation.

The hearing examiner is an objective, third-party reviewer. The Hearing Examiner convenes public

hearings to decide certain land use and code enforcement matters and takes evidence in the form

of testimony and exhibits and then applies the county code to make a decision. Parties appearing

before the hearing examiner may engage a lawyer to represent them, although many parties choose

to represent themselves. Regardless of whether a party has engaged a lawyer, the Hearing Examiner

is committed to providing a fair, impartial, and respectful hearing for everyone involved.

The Department of Community Development (Department) is charged with the administration and

enforcement of all land use, site development and environmental rules and regulations in

Kitsap County Code, and relies on the Hearing Examiner to provide independent review and

approval of certain permits. In this regard, the Department provides clerk assistance in

preparation of case files and records, and staff support during hearings; sets agendas in

consultation with the Examiner; prepares legal notices; provides reproduction, electronic mailing

and distribution of notices and decisions; and provides a staff recommendation for each permit

before the Examiner. Electronic copies of staff recommendations and records are provided for the

Examiner’s use, via email in electronic format. Staff will also facilitate hearing audio/visual

recordings.

SCOPE OF WORK

Kitsap County is seeking multiple Hearing Examiners to perform the duties of the Kitsap County

Hearing Examiner as defined in Kitsap County Code Chapter 2.10. The department or office in

charge of the subject matter or appeal shall assign hearing examiners to regularly scheduled

hearings on a rotating basis with limited exceptions, as needed for workload or conflicts. The

Hearing Examiner is an independent contractor and not an employee of Kitsap County.

For land use permits within the jurisdiction of unincorporated Kitsap County, the Hearing

Examiner shall conduct hearings on the following permit applications and permit appeals:

• Type III and certain Type II land use, subdivision and environmental applications outlined

in KCC Titles 12, 16, 17, 19, 20 and 22,

• Chapter 18.04, KCC State Environmental Policy Act (SEPA) Determination appeals; and

• Type I and II Administrative Decision appeals.

Regular public hearings will be scheduled on the second and fourth Thursday of each month,

between the hours of 9 am and 5pm. Additional hearings may be scheduled by the

Department, as necessary. Hearings must be conducted consistent with the requirements of

due process and the appearance of fairness doctrine.

The Examiner shall render decisions on such matters or provide recommendations to the Kitsap

County Board of Commissioners consistent with Title 21 and Title 2, Kitsap County Code. Such

decisions shall be clear, defensible written decisions that set forth the applicable law with

cogent analysis and citations to the record.

In the future, the Examiner may also hear and render decisions or provide recommendations on

public nuisances pursuant to Chapter 9.56 Kitsap County Code at the request of the

Department. A contract amendment would be initiated to determine scope of work, process,

and fee considerations.

To obtain copies of applicable ordinances and existing rules of procedure, or for questions,

please contact the Department of Community Development at 360‐337‐5777 or visit the

County website at https://www.kitsapgov.com/dcd/Pages/HearingExaminer.aspx

In addition to the review and issuance of decisions, Hearing Examiner duties include:

• Administrative responsibility over Deputy Hearing Examiner and any Pro Tempore

Hearing Examiner.

• Production of a written annual report, which shall contain a summary of decisions

rendered and recommendations for improving the Hearing Examiner System.

• Pursuant to KCC Title 2 and the Kitsap County Hearing Examiner Rules of Procedure

(Resolution 116‐2009), the Examiner is required to render decisions or

recommendations within 10 business days of the close of the record on each matter. A

copy of the decision must be sent to the Department, shall be in an electronic format,

and transmitted via email.

• It may be necessary for the Examiner to visit proposed development sites prior to

rendering a decision or recommendation. Mileage is paid on a reimbursement basis at

the normal County rate.

• Initiate, recommend, and assist with revisions to the Kitsap County Hearing Examiner

Rules of Procedure (Resolution 116‐2009) and related KCC Chapter 2.10 related to

duties of the Hearing Examiner.

Hearing Examiner’s may also provide for deputy Hearing Examiner services. Duties for deputy

Hearing Examiners include:

• Review and issuance of decisions when the Chief Hearing Examiner is unavailable.

• In such situations, the Deputy Hearing Examiner has all the duties and powers of the Chief

Hearing Examiner to conduct public hearings and exercise authority to interpret, review

and implement land use regulations, hear appeals, and issue decisions or determinations

as set forth in this scope of work.

Any deputy hearing examiner must be free of improper influences and conflict of interest. Deputy

hearing examiners will be held to the same standards as a chief hearing examiner and will be

expected to issue timely, well‐written, and fair decisions.

Other Requirements:

• The Department utilizes a paperless, online permitting process.

• All permit files, documents, and hearing records are processed and transmitted

electronically, including electronic document transfers to the Hearing Examiner.

• The Hearing Examiner must have adequate technology and equipment to receive large

volumes of records in electronic form. No paper copies of permit files, hearing records, or

submitted exhibits will be provided to the Hearing Examiner from the department.

• Hearings may be held in‐person, virtually, or remotely. Hearing Examiner must have

adequate technology and equipment required for successful audio and video connection

capabilities.

• The contract will contain a conflict‐of‐interest statement, and the applicant (including any

Deputy Hearing Examiner) shall be prepared to recuse him or herself from any case where

a potential conflict of interest exists.

SUBMITTAL REQUIREMENTS

Proposal

1) Proposal should include the applicant’s and any proposed deputy hearing examiners’ relevant

experience as a hearing examiner, including as a deputy or pro‐tempore hearing examiner or

other type of administrative judge with substantial experience with land use and zoning law,

environmental law, shoreline law and building code and related hearing processes.

a. For judicial or quasi‐judicial experience, please list jurisdictions, types of cases, number

of cases and approximate dates such work was performed.

b. Applicant must have a Juris Doctor degree and be licensed to practice law in the State

of Washington.

2) Proposal should demonstrate the extent of the applicant’s familiarity with Kitsap County’s land

use regulations and processes and geographic knowledge of the area.

3) Proposal should provide examples of hearing format for appeals and both contested and

uncontested permit decisions and recommendations.

4) Proposals should provide a summary or examples of how the applicant plans to address contested

exhibits and testimony for both parties represented by attorneys and pro‐se parties.

5) Proposal should indicate the applicant’s support staff and ability to meet deadlines required by

Kitsap County Code.

6) Applicants shall disclose if they have ever been the subject of a complaint to a professional

organization or regulatory body and describe the nature of the complaint and the outcome.

7) Applicant shall disclose if he or she has ever been the subject of a legal claim for liability arising

out of professional services provided, or the applicant’s role as an employer or employee.

8) Proposal should indicate the proposed fees based on the below outline of tasks. The County

requires two pricing structures in the proposal: an hourly rate or fixed rate using the Tier 1, 2 or 3

permit application approach (see Exhibit A). The County seeks fees that can be flexible among

multiple hearing examiners so that permit applicants pay a consistent rate. An itemized list of

services shall include:

a. Regular Scheduled Hearings (held on the second and fourth Thursdays of the month)

b. Continued Hearings (if hearings are continued and fall outside the two standard monthly

hearing dates)

c. Supplemental Hearings (dependent on application volumes, additional monthly hearings

may be needed)

d. Hearing Examiner’s Decision

e. Prehearing Conferences

f. Pre/Post Hearing Orders (including but not limited to orders on requests for clarification,

requests for reconsideration, requests for additional exhibits to be added to the record)

g. Administrative Appeals

h. SEPA Appeals

9) Proposal should indicate the applicant’s ability to comply with the Americans with Disabilities Act,

EEO, and any other applicable County, State or Federal laws.

10) The proposal shall be accompanied by:

a. A list of professional references who can attest to the applicant’s abilities (Exhibit C); and

b. Three writing samples, consisting of administrative decisions written by the Applicant.

(a) If the applicant has no experience as a hearing examiner or administrative law judge,

concise opinion memos or staff reports may be substituted for the administrative

decisions.

11) The applicant shall sign and date the proposal.

Statement of Qualifications (SOQ)

The applicant’s SOQ should include, at a minimum, a coversheet that contains pertinent contact

information (i.e., applicant name, address, phone and fax numbers, and name of

manager). The nature and form of response are at the discretion of the applicant, but at a minimum,

must include the following required and desired experiences.

1) Applicant Background

a) General information about the applicant, including a description of the applicant’s history,

the names and number of years the applicant has been in business, and current or previous

names, or additional assumed business names, and any other pertinent applicant

information.

b) Proof that the applicant and any proposed deputy are licensed to do business and practice

law in Washington state.

2) Organization and Staffing

2024-002 RFP Land Use Hearing Examiner

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