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HomeMy WebLinkAbout6504 ORDINANCE NO. 6 5 0 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW GHAPTER 2.08 OF THE � AUBURN CITY CODE ESTABLISHING AN INDEPENDENT SALARYCOMMISSION WHEREAS, the current provisions of state law, and particularly the provisions of Section 35.21.015 of the Revised C.ode of Washington allow for cities to establish independent salary commissions to set the salaries for elected City Council members and other elected officials of the Ciry; and WHEREA8, in order to address the need for the salary of the City Council members for the City of Auburn to be set in a consistent and uniform manner, it would be advantageous for the City of Aubum to have established an Independent Salary Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: SEGTION 7. CREATION OF-NEW CHAPTER TO AUBURN CITY CODE.A new Chapter 2.08 of the Aubum City Code be, and the same hereby is, c�eated to read as follows: Chapter 2.08 INDEPENDENT SALARY COMMISSION Sections: 2.08.010 Commission established. 2.08.020 Purpose. 2.08.030 Membership. 2.08.040 Qualifications. 2.08.050 Operation. 2.08.060 Responsibilities. 2.08.070 Effective date—Salaries. 2.08.080 Salary schedule subject to referendum petition. Ordinance No. 6504 April28, 2014 Page 1 2.08.010 Commission estabiished. A salary commission is hereby established pursuant to RCW 35.21..015; hereinafter referred to as the City of Auburn Independent Salary Commission. 2.08.020 Purpose. The purpose of the Independent Salary Commission shall be to review and establish the salaries of the members of the City Council. For 4he purposes hereof the salary authority of the Independent Salary Commission shall include all compensation that may be paid to or received by councilmembers, whether or not it is ident�ed as salary. Also for the purposes hereof, the salariea identifed by the Independent Salary Commission shall be uniform among the same category or class of elected offcials. This provision, however, does not prevent or preclude the Independent Salary Commission from providing for a different salary for the Councilmember selected as the Deputy Mayor of the City. Rather, the Independent Salary Commission would be entitled to consider the additional duties of the Deputy Mayor in setting salaries for that position. 2.08.030 Membership. A. The Independent Salary Gommission shall consist of five members who shall be registered voters and residents of the City ofAuburn, appointed by the Mayor and approvedlconfrmed by the City Council; Provided that no person shall be appointed to a position on the Independent Salary Commission unless that person has completed and submitted to the City an Application for Appointment to Citizen Boards, Commissions and Committees, on the form provided by the City. B. The members of the Independent Salary Commission shall serve without compensation. C. Each member of the Independent Salary Commission shall serve a term of four years, except that fhe first five commission members shall be appointed for different terms, as follows: one member to serve for a period of one year, one memberto serve for a period of two years, one member to serve for a period of three years, and two members to serve for a period of four years. The Mayor, with the approval/confiRnation of the City Council, may appoint alternate Independent Salary Commission members as the need arises. The Mayor shall annually appoint, subject to approval/confirtnation by the City Council, new members by March ofiany given year to fill the expiring terms on the Independent Salary Commission. D. No member may be appointed to more than two terms o,n the Independent Salary Commission, whether or not those terms are held consecutively. E. If, for any reason, a vacancy occurs during the term of an Independent Salary Commission member, the Mayor shall appoint, with the approval/confirmation of the City Council, a new member to fill the unexpired term of that member. Ordinance No. 6504 April 28, 2014 Page 2 F. The Mayor and City Council may remove an Independent Salary Commission member at any time for cause of incapaciry, incompetence, neglect- of duty, or malfeasance in office or for a disqualifying change of residence, or for three consecutive unexcused absences of regularly scheduled meetings of the Independent Salary Commission. G. All members of the Independent Salary Commission shall serve until their successors are duly appointed by the Mayor and approved/confirmed by#he City Council. 2.08.040 Qualifications. A. No person shall be appointed to serve as a member or altemate member of the lndependent Salary Commission unless that person is a citizen of the United States, a resident of the City for at least one year immediately preceding such appointment, and an elector of the county in which the member resides. B. No City o�cer, official or employee of the Ciiy or an immediate family members of a City officer, official or employee may serve on 4he corrimission. "Immediate family member," as used in this Section, means the parents, spouse, siblings, children, ordependent relatives of the officer, official, or employee, whether or not living in the household of the offlcer, official or employee. 2.08.050 Operation. A. The Independent Salary Commission shall elect a chair and yice chair from among its voting members. Other than for those members initially appointed for a one year term, such offcers shall hold office for two years. The Independent Salary Commission may from time to time establish and publish Rules of Procedure for the efficienf and fair conduct of its business, consistent with state law and City Ordinance. B. The Mayor shall appoint appropriate staff to assist the Independent Salary Commission in preparation of its reports and records, and conducting its meetings, as may be necessaryfor4he proper operation of the commission. C. The meetings of the Independent Salary Commission shall be subject to the Open Public Meetings Act pursuant to Chapter 42.30 RCW. D. The Jndependent Salary Commission, with the assistance of appointed staff, shall keep a written record of its proceedings, which shall be a public record all in accordance with state law. E. The IndependenY Salary Commission shall have the authority to raise and lower salaries of the City Council. A City Council salary increase or decrease shall occur only if three members of the Commission vote in favor of the increase or decrease. Three members of the Commission shall constitute a quorum, and the votes of such quorum shall be`sufficient for the decision of all matters and the transaction of all business to be decided or transacted bq the Independent Salary Commission. Ordinance No. 8504 April 28, 2014 Page 3 F. The Independent Salary Commission shall meet at least once in 2014 and at least once in each year thereafter to consider whether or not to review and/or adjust existing City Council salaries. ?he initial meeting of the Independent Salary Commission shall take place within thirty (30) days after the initial members of the Independent Salary Commission have been appointed and confirmed. Thereafter, the initial annual meeting of the Independent Salary Commission shall occur no later than April 30th, in any given year. G. Prior to a vote of the Independent Salary Commission to raise or lower salaries, residents of the City shall have an opportunity to comment or submif comments in writing. An opportunity for comments shall be conducted in a manner that is consistent with the procedure used at regularly scheduled meetings of the Gity Council for public comment. H. Prior to a vote of the Independent Salary Commission to raise or lower salaries, the Commission may request, from the Mayor or designee, additional financial information and other relevant data, other than that information provided in Paragraph I. of this Section, including but not limited to, information related to the various duties, assignments, responsibilities, obligations and meetings of City Councilmembers. I. The Mayor or designee shall provide the Independent Salary Commission with, and the Commission shall consider, information regarding salaries paid to members of city councils from comparable cities. Such comparable cities shall be comprised of cities having a population of at leasf 25,000 and located in King, Pierce or Snohomish counties. J. In its meeting(s), the Independent Salary Commission shall review and, if it so determines, amend and file its schedule of salaries for the City Council with the City Clerk within thirty (30) days after its meeting(s) in 2014, and thereafter shall file its amended schedule of salaries for the City Council (if any) with the City Clerk no later than May3lst. If necessary, the Independent Salary Commission will also meef upon any other call by the chair, the Mayor o� by the majority vote of the City Council. 2.08.060 Responsibilities. The Independent Salary Commission shall have the following responsibilities: A. To study the relationship of salaries to the duties of the City Councilmembers and those of comparable cities, and to establish a uniform salary for all Councilmembers by either increasing or decreasing the existing salaries for the City Council by an affirmative vote of not less than three members; B, To review salary schedules and file its amending salary schedules, if any, within thirty (30) days after the initial meetings of the Independent $alary Commission; and thereafter, to review salary schedules and file its amending salary schedules, if any, not later than May 31 st of every year thereafter; Ordinance No. 6504 April 28, 2014 Page 4 C. To submit each amended salary schedule to the City Clerk,who will publish the complete schedule finro times, at least one week apart in the official newspaper of the City. The second publication date will be the official filing date. The schedule will become effecfive thirty (30) days after this date. 2.08.070 Effective date— Salaries. The Independent Salary Commission's established or amended salary schedule will become effective in the amounts, at the times, and untler the conditions established in the schedule. Once filed, the schedule shall be incorporated into the City budget without further action of the City Council or the IndependeM Salary Gommission. Sala,ry increases established by the Independent Salary Commission shall be effective as to all City Councilmembers regardless of their terms of o�ce. Salary decreases established by the commission shall become effective as to incumbents at the commencemerrt of their next subsequent terms of office. Existing salaries for Councilmembers established by City Ordinance and/or City Budget shall remain in effect unless and until changed in accordance with the provisions of this Chaptec The terms and conditions of the commission's adopted salary schedule will remain in effect until amended under the terms and conditions of a new salary schedule filed in accordance with this Chapter. 2.08.080 Salary schedule subject to referendum petition. A. The Independent Salary Commission's adopted salary schedule shall be subject to refe�endum petition by the people of the City upon filing of a valid referendum petition with the City Clerk within thirty (30) days after the official filing date of the salary schedule. The number of registered voters needed to sign such a petition for referendum shall be fifteen percent of the total number of names of persons listed as registered'voters within the City on the day of 4he last preceding City general election. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect unti6 approved by vote of the people. B. Referendum measures under this Section shall be submitted to the voters of the City at the next following general or municipal election occurring thirry (30) days or more afte�the petition is filed and shall be otherwise govemed by the provisions of the State Constitution, RCW 35A.11.100 and other laws generally applicable to referendum measures. SECTION 2. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directians of this legislation. Ordinance No. 6504 April 28, 2014 Page 5 SECTION 3. SEVERABILITY. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its applicati_on to other persons or circumstances. SECTION 4. EFFECTIVE DATE. This OMinance shall take efFect and be in force five days from and after its passage, approval and publication as provided by law.. INTRODUCED: MAY 5 �ma PASSED: MAY 5 2014 APPROVED: MAY 6 2014 CITY OF AUBURN ATTEST: �„ (� _ ��yl // N NCY < , MAYOR u;,,,.h�,�l I�!/�� Danielle E. Daskam, City Clerk AFP VE TO FORM: anieF B. Hei , City Attomey Published! � Ordinance No. 6504 Apri1;28, 2014 Page 6