### Meeting Overview The Whatcom County Planning and Development Committee met on July 22, 2025, with Chair Ben Elenbaas presiding over a focused 26-minute discussion. The meeting centered on three code amendments proposed by Hearing Examiner Rajeev Majumdar to clarify roles, duties, and authority in the hearing examiner process. ### Key Terms and Concepts **Hearing Examiner:** A quasi-judicial official who conducts public hearings on land use applications and appeals, making decisions based on evidence and legal standards rather than policy preferences. **Title 22:** The section of Whatcom County Code that governs land use and development regulations, including procedures for hearings and appeals. **Growth Management Act (GMA):** State law requiring comprehensive planning and development regulations, with specific procedures for code amendments that may affect land use policy. **Subpoena Power:** Legal authority to compel witnesses to appear or produce documents, which the hearing examiner has but lacks enforcement mechanisms if ignored. **Intervenors:** Third parties who join hearing examiner proceedings, often neighbors or community members affected by a proposed development. **Remand:** The power to send a decision back to the original decision-maker (typically the planning department) with specific instructions for reconsideration. **Public Hearing Requirement:** Formal process allowing public comment on proposed ordinances, with specific legal requirements depending on the type of code amendment. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Ben Elenbaas | Planning and Development Committee Chair | | Todd Donovan | Committee Member | | Jon Scanlon | Committee Member | | Rajeev Majumdar | Whatcom County Hearing Examiner | | Kimberly Thulin | Prosecuting Attorney's Office | | Cathy Halka | Clerk of the Council | ### Background Context These proposed code changes emerged from Hearing Examiner Majumdar's systematic review of county regulations since taking office. His goal is to eliminate vague language and clarify procedures that have evolved through practice but lack explicit legal foundation. The changes address practical problems: mandates that have never been carried out, unclear cost responsibilities in appeals, and missing enforcement mechanisms. Majumdar serves multiple jurisdictions and has successfully implemented similar rules elsewhere, providing a tested framework for Whatcom County. The timing reflects his proactive approach to solving problems before they create legal complications or unfair outcomes for applicants and appellants. ### What Happened — The Short Version Hearing Examiner Majumdar presented three technical code amendments to clarify his office's roles and procedures. The first (AB2025-535) removes outdated mandates and clarifies that appellants, not applicants, should bear costs for third-party appeals. The second (AB2025-536) fills an empty "duties and powers" section in the code and explicitly grants authority to impose, modify, or remove conditions on decisions. The third (AB2025-539) updates hearing examiner business rules with clarifying changes. While attorneys determined no public hearing was required, Committee Member Scanlon advocated for public input on all three items. The committee agreed to recommend holding the resolution until September 9th for a public hearing, when Majumdar will be available to answer questions. ### What to Watch Next • Council introduction of the two ordinances (AB2025-535 and AB2025-536) at the evening meeting • Motion to schedule public hearings for all three items • Public hearing scheduled for September 9th to allow community input on the hearing examiner business rules • Future code amendments regarding enforcement of subpoena power, expected by early 2026 ---