Hearing Examiner

**Vehicle Impound Appeal Hearing (HE25-VI-011)** - **Action:** Hearing completed, decision pending - **Vote/Decision:** None yet (10 business days to decide) - **Key Details:** $710.14 total fees ($400 towing + $50.50 storage + $201 after-hours fee + taxes) - **Practical Impact:** Determines if impound was valid and fees must be paid or refunded

**Sharon Rice, on her role:** "I tell you this to convey to you that I am not a city of Bellingham employee. I'm a neutral decision maker." **Sloan Coleman, on the missing signs:** "There were maybe 3 officers that I had a conversation with at the corner of East Champion and State Street. I don't know if they were about to put signs up, but I did not see any. No parking signs at the time parking. They were not there." **Stephanie Mays, on sign posting protocol:** "I know that on this section of State Street the signs were put up on May 20th. They're checked daily by our streets crew, since it's a 1 way road. There were signs the entire length of the block, which is roughly about 6 on each side." **Chris Heston, on state-regulated pricing:** "The State of Washington, just to give a little context, about 6, 7 years ago, went to set pricing for our letter of appointments with the State Patrol and police departments to curb any excess charges." **Sloan Coleman, on the pay-by-phone system:** "If the city is going to utilize these pay by phone apps, I feel like there should be a way to see that I had paid for the parking, and that I was going to be returning at 11:05."

# MODULE S1: STUDY GUIDE ### Meeting Overview The City of Bellingham Hearing Examiner held a contested impound hearing on June 13, 2025, to consider an appeal by Zachary Coleman challenging the validity of towing and storage fees for his 2018 Mercedes Benz GLC. The vehicle was impounded during Memorial Day Parade enforcement on May 24, 2025, resulting in $710.14 in total charges. ### Key Terms and Concepts **Hearing Examiner:** A neutral attorney who works on contract (not a city employee) to make legal decisions on appeals and other quasi-judicial matters. Sharon Rice serves this role for Bellingham and nine other jurisdictions. **Impound Appeal:** A formal legal proceeding where vehicle owners can challenge the validity of a tow, disputing either the legality of the impound itself or the associated fees charged by the towing company. **No Parking Signs:** Temporary signs posted at least 72 hours before special events that supersede regular parking rules, including paid parking meters and pay-by-phone parking arrangements. **After Hours Fee:** An additional charge ($201) imposed by towing companies when vehicle retrieval occurs outside normal business hours (Monday-Friday 8am-5pm), regulated by Washington State. **State-Regulated Towing Rates:** Standardized fees set by Washington State based on the Consumer Price Index to prevent excessive charges, including $400 for Class A tow trucks and $50.50 for half-day storage. **Memorial Day Parade Route:** An annual Bellingham event requiring street closures and vehicle removal along specific sections, coordinated between multiple city departments including parking enforcement, streets, special events, and police. **Pay-by-Phone Parking:** A mobile app system allowing drivers to prepay for metered parking, which becomes invalid when temporary no parking restrictions are posted for special events. **DOL Contact Information:** The Washington State Department of Licensing database that provides only mailing addresses for registered vehicle owners, limiting the city's ability to provide advance notice of impounds. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner (contract attorney) | | Stephanie Mays | Parking Code Compliance Officer 2, City of Bellingham | | Chris Heston | Owner, Heston Hauling/Towing | | Sloan Coleman | Vehicle operator/appellant | | Zachary Coleman | Registered vehicle owner/appellant | | Christy Bowker | Hearing Clerk (off-camera) | | Jess Herring | Utility worker, Streets Division (referenced) | ### Background Context Bellingham's Memorial Day Parade is a significant annual event requiring extensive street closures and coordination between multiple city departments. The parade route covers several miles through downtown, necessitating the posting of hundreds of temporary no parking signs and typically resulting in 7-15 vehicle impounds each year. The city follows a structured process: signs must be posted at least 72 hours in advance when possible, crews stage early on parade day to clear remaining vehicles, and impounded vehicles are processed through contracted towing companies using state-regulated pricing. The appeal system provides vehicle owners a formal avenue to challenge impounds, with hearing examiners serving as neutral decision-makers. These hearings follow specific procedures with testimony from parking enforcement staff, towing operators, and appellants, with decisions due within 10 business days. ### What Happened — The Short Version Sloan Coleman parked her husband's Mercedes on State Street around 9:45 AM on May 24 for an 11 AM yoga class, using pay-by-phone to cover parking until 11:05 AM. She testified that no parking signs were not visible when she parked and that she spoke briefly with police officers who didn't mention parking restrictions. The vehicle was towed at 10:20 AM during parade route clearing, resulting in $710.14 in charges including a $201 after-hours retrieval fee since Zachary Coleman was in Canada and couldn't retrieve it until after business hours. City parking enforcement testified that no parking signs were posted on May 20 (four days early) with daily checks, and that all six meter posts on that block had signs. The towing company confirmed all fees were within state-regulated rates. The Colemans argued the signs weren't there when they parked, questioned the high costs, and noted that city communications didn't clearly identify State Street as part of the parade route. ### What to Watch Next - Hearing Examiner decision due by June 27, 2025 (may be delayed until July 1 due to clerk's vacation) - Decision will either uphold the impound and fees, reduce the fees, or invalidate the impound entirely - Case demonstrates ongoing tensions between special event parking enforcement and pay-by-phone systems --- # MODULE S2: FLASH CARDS **Q:** Who serves as Bellingham's Hearing Examiner and what makes them neutral? **A:** Sharon Rice, a contract attorney who works for 9 other cities/counties and is not a Bellingham employee, ensuring independence in decision-making. **Q:** What vehicle was impounded and what were the total charges? **A:** 2018 Mercedes Benz GLC belonging to Zachary Coleman, with total charges of $710.14 including towing, storage, and after-hours fees. **Q:** When was the vehicle towed and from where? **A:** May 24, 2025 at 10:20 AM from the 1500 block of State Street during Memorial Day Parade route clearing operations. **Q:** What is the required advance notice for no parking signs? **A:** 72 hours when possible, though signs can be posted earlier. In this case, signs went up May 20 for the May 24 parade (4 days early). **Q:** What was the breakdown of towing charges? **A:** $400 for Class A tow truck (1 hour), $50.50 for half-day storage, $201 after-hours accessibility fee, plus processing costs. **Q:** Why couldn't Sloan Coleman retrieve the vehicle immediately? **A:** She wasn't the registered owner and her husband Zachary was in Canada that day, forcing weekend/after-hours retrieval. **Q:** What was Sloan Coleman's main defense? **A:** No parking signs weren't visible when she parked around 9:45 AM, and she paid for parking through 11:05 AM via pay-by-phone app. **Q:** How many vehicles typically get impounded during this parade? **A:** Between 7 to 15 vehicles along the entire parade route, according to parking enforcement testimony. **Q:** Who posts the no parking signs and how many were involved? **A:** Jess Herring's Streets Division crew posts hundreds of signs along the entire parade route, with 6 signs on the specific State Street block. **Q:** When is the hearing examiner's decision due? **A:** June 27, 2025, though it may be delayed until July 1 due to the hearing clerk's vacation schedule. **Q:** What evidence did the Colemans submit? **A:** 7-page packet including pay-by-phone parking receipt, photos of the area taken May 25, and city parade communications that didn't mention State Street. **Q:** What supersedes pay-by-phone parking? **A:** Temporary no parking signs for special events override all regular parking rules including meters and mobile payments. **Q:** How does the city notify vehicle owners of impounds? **A:** Only through mail to the address on file with the Department of Licensing - no phone numbers or other contact methods are available. **Q:** What time did Sloan Coleman's yoga class run? **A:** 10 AM to 11 AM, which she paid parking for until 11:05 AM to ensure coverage after class ended. **Q:** What determines towing company pricing? **A:** Washington State regulations based on Consumer Price Index, implemented about 6-7 years ago to prevent excessive charges and consistent across all companies. --- # MODULE S3: QUIZ WITH ANSWER KEY **Question 1: What was the total amount charged for the vehicle impound?** - A) $450.00 - B) $651.50 - C) $710.14 - D) $800.25 **Question 2: Who determines the pricing structure for towing fees in Washington State?** - A) Individual towing companies - B) Local municipalities - C) Washington State based on Consumer Price Index - D) Federal transportation regulations **Question 3: When were the no parking signs posted for the Memorial Day Parade?** - A) May 21 (72 hours in advance) - B) May 20 (4 days in advance) - C) May 23 (day before) - D) May 24 (morning of parade) **Question 4: What time was the vehicle first photographed by parking enforcement?** - A) 9:45 AM - B) 10:19 AM - C) 10:20 AM - D) 10:31 AM **Question 5: Why couldn't Sloan Coleman retrieve the vehicle immediately?** - A) She didn't have enough money - B) The towing company was closed - C) She wasn't the registered owner and her husband was in Canada - D) The vehicle was being held as evidence **Question 6: What is the after-hours accessibility fee charged by the towing company?** - A) $150 - B) $201 - C) $250 - D) $300 **Question 7: How many vehicles typically get impounded during the Memorial Day Parade?** - A) 3 to 5 vehicles - B) 5 to 10 vehicles - C) 7 to 15 vehicles - D) 15 to 20 vehicles **Question 8: What was Sloan Coleman's main argument against the impound?** - A) She paid for parking through an app - B) No parking signs weren't visible when she parked - C) The parade route wasn't clearly communicated - D) All of the above **Question 9: When is the hearing examiner's decision deadline?** - A) June 26, 2025 - B) June 27, 2025 - C) June 30, 2025 - D) July 1, 2025 **Question 10: What role does Sharon Rice serve for the City of Bellingham?** - A) Parking enforcement supervisor - B) Contract hearing examiner - C) City attorney - D) Appeals court judge **Answer Key:** **1. C — The total charges were $710.14, including $400 for towing, $50.50 for storage, $201 after-hours fee, and additional processing costs.** **2. C — Washington State sets standardized rates based on the Consumer Price Index to prevent excessive charges, implemented about 6-7 years ago.** **3. B — The signs were posted May 20, which was 4 days in advance rather than the preferred 72 hours due to crew scheduling conflicts.** **4. B — The first photograph showing the vehicle was timestamped at 10:19 AM when parking enforcement arrived on that block.** **5. C — Sloan wasn't the registered owner so couldn't retrieve it, and registered owner Zachary was in Canada that day.** **6. B — The after-hours fee is $201, charged because retrieval occurred outside Monday-Friday 8 AM-5 PM business hours.** **7. C — Parking enforcement testified they typically impound between 7 to 15 vehicles along the entire parade route each year.** **8. D — Coleman argued all three points: signs weren't visible, she paid for parking, and parade communications didn't clearly identify State Street.** **9. B — The decision is due June 27, 2025, though it may be delayed until July 1 due to the hearing clerk's vacation.** **10. B — Sharon Rice is a contract hearing examiner (not a city employee) who serves Bellingham and nine other jurisdictions as a neutral decision-maker.** --- # MODULE S4: Q&A — COMMON QUESTIONS **Q: Can you still get towed if you paid for parking through the city's app?** A: Yes. Temporary no parking signs for special events supersede all regular parking rules, including paid meters and mobile app payments. Once no parking signs are posted, the normal parking system is suspended for that area. **Q: How much advance notice does the city have to give before towing vehicles for special events?** A: The city prefers to post signs 72 hours in advance when possible, but this isn't always feasible due to scheduling. In this case, signs were posted 4 days early (May 20 for May 24 parade), giving even more notice than required. **Q: Who can retrieve an impounded vehicle?** A: Only the registered owner listed with the Department of Licensing can retrieve the vehicle, or someone with proper legal authorization. Spouses or family members cannot retrieve vehicles unless they're the registered owner. **Q: Are these towing fees set by the towing company?** A: No. All fees are regulated by Washington State and based on the Consumer Price Index. The $400 tow fee, $50.50 storage rate, and $201 after-hours fee are standardized across all licensed towing companies in the state. **Q: Why is there such a high after-hours fee?** A: The $201 fee covers bringing in office staff outside normal business hours (Monday-Friday 8 AM-5 PM). This is a state-regulated fee designed to cover the additional costs of weekend and evening operations. **Q: How does the city notify people that their car has been towed?** A: The city only has access to mailing addresses from the Department of Licensing database. They cannot call or text because phone numbers aren't provided. A notice is mailed to the registered address after the impound. **Q: What happens if someone claims the no parking signs weren't there?** A: This becomes a factual dispute that the hearing examiner must resolve based on testimony and photographic evidence. City staff testified that signs were posted and checked daily, while appellants claimed signs weren't visible when they parked. **Q: How common are vehicle impounds during this parade?** A: Very common - the city typically impounds 7 to 15 vehicles along the entire Memorial Day Parade route each year. This is an established annual event that requires extensive street clearing. **Q: Can the hearing examiner reduce the fees even if the impound was valid?** A: The hearing examiner can only consider whether the impound was legally valid and whether the fees charged comply with state regulations. They cannot arbitrarily reduce properly calculated state-regulated fees. **Q: What should someone do if they think they were wrongfully towed?** A: File an appeal with the hearing examiner within the required timeframe, gather evidence like photos and receipts, and be prepared to present testimony at a formal hearing. The decision is legally binding and based on evidence presented.