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Seldovia planning commission considers allowing public hearing officers for quasi‑judicial appeals
Summary
The commission reviewed a draft ordinance that would let the Planning Commission and Board of Adjustment refer quasi‑judicial appeals — such as variances and conditional‑use matters — to an outside public hearing officer. Commissioners asked for training and agreed to continue the item at their March 4 meeting.
The Seldovia Planning Commission on Feb. 4 reviewed a draft ordinance that would let the commission and the Board of Adjustment refer quas i‑judicial appeals — such as variances or conditional‑use decisions — to a public hearing officer.
Clerk (reading staff memo) summarized the draft: "This is the public hearing officer ordinance that we've been working with legal on, and it clarifies the process for quasi‑judicial and legislative proceedings and appeals and allows for the Planning Commission, when acting in a quasi‑judicial manner, or the Board of Adjustment to move that appeal process to a public hearing officer," the clerk said. The draft amends several sections in chapter 18 of the municipal code (including 18.88, 18.92–18.97) to define quasi‑judicial public hearings and add a hearing‑officer option.
Planning staff explained the legal distinction. "There was some confusion in the past because the action taken by the council was a legislative action and not a quasi‑judicial action. So this helps clarify that in code ... quasi‑judicial actions, it's a legal term," the planner said, describing quasi‑judicial proceedings as instances when the body sits "somewhat like a judge" to decide conditional‑use permits or variances.
Commissioners asked procedural and practical questions — who would serve as hearing officers, whether the option would remove an appellant's ability to be heard by the commission and where training materials and definitions are located. The planner said the city could potentially contract with state resources; "the city of Homer actually uses the Office of Administrative Hearings," the planner noted as one example.
Chair Randy Sweet asked whether the commission was being asked to act now; staff said the draft was circulated to gather feedback for legal review. Sweet then proposed adding the item to the commission's March 4 agenda so members could review the planning handbook excerpts and return prepared to vote. "So we can add it to our agenda for March 4, and then we can plan to vote on that," Sweet said. Commissioners agreed to continue consideration to the March meeting and requested that staff provide definitional excerpts and training references.
The draft ordinance does not compel use of a hearing officer; staff said it would create an option for appeals and that the commission or board could still elect to hear matters directly.
Next steps: staff will provide code excerpts and training materials ahead of the March 4 meeting; the commission expects to resume discussion then and may vote.
