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Council delegates appeals review of operations complex to hearings officer after public objection

West Linn City Council · April 15, 2026
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Summary

After public comment urging the council to hear a land-use appeal, the West Linn City Council voted to delegate appellate review of the planning commission's approval of the Operations Complex to a hearings officer, citing concerns about the appearance of bias and the quasi‑judicial standard.

The West Linn City Council voted to adopt Resolution 2026‑03 to delegate its appellate jurisdiction over the planning commission's approval of the Operations Complex to a hearings officer.

Legal counsel Ashley Dugill told the council that state law and the city charter permit a one‑time delegation of quasi‑judicial authority and that delegating review is a common way to avoid the appearance of prejudgment in complex land‑use matters. "Appointing a hearings officer is often recommended when there's a potential appearance of bias or local conflicts," Dugill said.

Multiple residents urged the council to retain the appeal. Ed Schwarz of West Linn told the council, "I urge you to make the right choice and hear the appeal of the City Operations Complex yourselves. Do not delegate your authority to a hearings officer." Roberta Schwartz, speaking both as a resident and as president of the Savannah Oaks Neighborhood Association, urged the council to refuse the resolution and cited state notice and code procedures.

Council discussion centered on public confidence and impartiality. Mayor Wielandowski said delegating the appeal "ensures the matter is reviewed by a neutral person with expertise in land‑use law," and councilors who supported the measure cited the difficulty of remaining impartial after prior involvement in site selection and budget approvals. Council president Baumgartner moved the resolution; the motion passed on a roll call vote (5–0).

The hearings officer process will be set by the city manager; staff said a hearing date could be scheduled within weeks. Dugill said appellants' rights and procedural protections will be preserved under the hearings‑officer process.