Frustrated by the ‘quasi-judicial process’? Lacey City Council will talk about it Thursday
Lacey City Council will discuss the quasi-judicial process this week, a process that has recently been thrust into the spotlight after residents became alarmed about two land-use decisions: the approval of Meridian Market and Gas and two apartment proposals for Hicks Lake.
The Meridian Market and Gas proposal, which is bringing a convenience store and gas station to a residential neighborhood in northeast Lacey, was especially controversial. There also was substantial public opposition to the more than 300 apartments approved by the council last week for the west shore of Hicks Lake.
Both projects were reviewed in a quasi-judicial process because they needed permits that required they come before a hearings examiner. The hearings examiner held a public hearing on both projects, then recommended the city council approve them. Meridian Market and Gas was approved earlier this year, while the two Hicks Lake projects were approved on Aug. 18.
Although the quasi-judicial process allows people to comment at the public hearing held by the hearings examiner, it effectively cuts them off from communicating directly with their elected officials because the council is acting in a quasi-judicial role, reviewing the hearing examiner’s decision, and wants to prevent what is known as “ex parte” communication and maintain the appearance of fairness before the council votes.
Prior to last week’s council vote on Hicks Lake, City Attorney Dave Schneider, as he has done before, questioned the council about whether they could be fair in their decision-making.
Council member Carolyn Cox announced that she could not.
“I have pretty strong feelings about this project that are going to make it hard for me to make an impartial decision,” she said. She ultimately recused herself from the vote and was asked to leave council chambers.
Council member Ed Kunkel acknowledged that he had been approached by two constituents about Hicks Lake. He explained to them that he could not talk about the apartment proposals, but he did talk about the quasi-judicial process. Kunkel was allowed to stay.
The council ultimately voted 4-1 to approve the larger of the two apartments proposals on Hicks Lake and voted 5-0 on the smaller proposal. Only five council members voted because of Cox’s recusal and council member Michael Steadman’s absence. He was out of state, according to City Manager Scott Spence.
The lone vote against the one proposal came from Mayor Andy Ryder, who wanted more specific language preventing power boats from tying up to a proposed dock.
“I would feel more comfortable if only non-motorized watercraft could access the dock,” he said.
Although Ryder appeared to be on the verge of making his own motion for more specific language regarding power boats, in the end he did not and voted only against the motion to approve.
After the vote, residents opposed to the Hicks Lake proposals immediately got up and left council chambers. Resident Alan Baum chastised the council for their vote.
“Council members, you have now approved the destruction of 10 acres of forest home to bald eagles, for profit,” Baum said. “That’s the most American thing I’ve seen this year. You should be ashamed.”
In follow up comments to The Olympian, Baum said the quasi-judicial process needs to change.
“It is a product of a flawed system where any third-party that has no interest in the city gets to make recommendations, and the city council can only vote based on that recommendation. My only hope is that in time that process may be changed and updated so that the city of Lacey does not continue to approve the almost total deforestation of lands.”
Lacey City Council meets at 6 p.m. Thursday, Aug. 25, at City Hall, 420 College St. SE.
