Revised Burien trespass ordinance appeal process revealed by city Tuesday

Screengrab of the City of Burien’s Executive Order No. 2015-2, aka the ‘Trespass Warning/Exclusion Notice.’[/caption] by Jack Mayne Violators of the newly-passed Burien city ordinance that allows police to “trespass” or exclude people from publically owned property now has a set of rules and a process for people to appeal to lessen or overturn a penalty. The new appeal process was implemented Monday (July 27) by executive order of City Manager Kamuron Gurol. Ordinance 624 (download PDF here), which replaces ordinances 606 and 621, was passed July 20 over the objection of Councilmember Lauren Berkowitz who, during Council debate, said she did not support it, although she said it was better than the previous two ordinances because it added due process for violators. Violator may be cited The executive order noted that Burien police can cite anyone who violated city or state rules that prohibit “conduct that is dangerous, illegal, or unreasonably disruptive to other users of public property.” The new ordinance amends the trespass code to “clarify due process, scope and standards for use of trespass warnings. Under the new ordinance the city manager must establish and make known a way to appeal.” Under the new process, City Manager Gurol will either be the hearing officer, or he can assign some other city official to do the appeal hearing. Prompt Review Gurol’s order said appeals must be in writing and signed by the person cited and delivered to City Hall “within one business day of the date” of the trespass warning or exclusion notice. The person cited must attach a copy of the warning or exclusion notice that is signed by “a King County Sheriff’s Deputy/Burien police officer.” The appeal can be mailed or taken to City Hall but it “does not need to be on any particular form, but the recipient of the Trespass Warning should include a description of what happened and why the recipient is appealing, especially if the recipient is uncertain about whether he/she will be participating in the review hearing.” Then the city manager or whomever he appoints must conduct a hearing within one business day if the exclusion ordered by police is for seven days or less – or the hearing must be held within two days of the receipt of the written appeal for those exclusions seven days. Appeal by phone The person appealing also can get the hearing conducted over the phone. If that is done, the city “shall provide a dial-in number, as well as date and time for the hearing, along with instructions on how to access the review hearing.” But in either case, the hearing must give the person appealing a chance to be heard about the conduct that led to receiving the trespass or exclusion order. The hearing will also determine if the person had been given a warning that his or her behavior may lead to a trespass warning or exclusion. The city manager – or whomever holds the hearing at City Hall – can rescind the notice, shorten it or modify it some other way. The hearing officer must find that “the preponderance of the evidence demonstrates that appellant engaged in conduct subject to a trespass warning under” in the Burien city code. Police officers can present evidence at the hearing either by testimony or presenting a witness to the behavior in question. The other side The person appealing may also give evidence in writing or in person along with “a description of what happened, why recipient is appealing, and an attest that appellant’s account is true.” The person cited also may have witnesses speak on their behalf. “No attorneys representing the Burien Police Department or City of Burien are anticipated or required at the review hearing,” the appeal process says. “However, the appellant may choose to engage the services of an attorney and/or a court reporter, at the appellant’s own expense, and have legal representation at the review hearing.” Gurol’s order says the hearing officers “shall promptly communicate the review decision, and make an effort to “communicate the review decision verbally immediately after the conclusion of the review hearing” to the person cited if the person was present at the hearing. But, if the hearing officer needs more time to make a decision, or the “appellant fails to participate,” the hearing officer giving the decision to the front desk on the third floor of city hall “shall communicate the decision” to City Hall Front Desk staff no later than two business days after the review or the person may call City Hall. A written copy of the decision will also be given to the cited person within two days and the Burien Police also notified of the decision. Decisions can be appealed If the person cited does not like the decision, they have the right to “seek judicial review of the city’s final decision …” The city’s new process says that “if you wish to appeal the city’s final decision on your appeal of the Trespass Warning/Exclusion Notice, and seek judicial review, you must file an application for writ of review in King County Superior Court, within 15 days of the city accomplishing service of the written decision.”]]>