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HomeMy WebLinkAbout6681 ORDINANCE NO. 6._6.8.1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 2.08 OF THE AUBURN CITY CODE RELATING TO THE INDEPENDENT SALARY COMMISSION WHEREAS, the provisions of state law, and particularly the provisions of Section 35.21.015 of the Revised Code of Washington (RCW) allow for cities to establish independent salary commissions to set the salaries for elected City Council members and other elected officials of the City; and WHEREAS, at the time that the City Council adopted its Ordinance No. 6504, creating Chapter 2.08 of the Auburn City Code, establishing an Independent Salary Commission for the City of Auburn, it included, within the purpose and scope of the Commission's salary setting responsibilities, the salaries for members of the City Council, not the Mayor; and :r. WHEREAS, since the adoption of Ordinance No. 6504, it has been determined that it would be advantageous for the Commission's salary setting responsibilities to include the Mayor's salary as well as those of members of the City Council; and WHEREAS, the provisions of Section 35.21.015 RCW would accommodate inclusion of the Mayor's salary in the responsibilities of the Commission. SECTION 1. AMENDMENT TO AUBURN CITY CODE. Chapter 2.08 of the Auburn City Code be, and the same hereby is, amended 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. Ordinance No. 6681 April 18, 2018 Page 1 2.08.080 Salary schedule subject to referendum petition. 2.08.010 Commission established. A salary commission is hereby established pursuant to RCW 35.21.015, hereinafter referred to as the city of Auburn independent salary commission. (Ord. 6504 § 1, 2014.) 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 and the mayor. For the purposes hereof, the salary authority of the independent salary commission shall include all compensation that may be paid to or received by councilmembers and the mayor, whether or not it is identified as salary. Also for the purposes hereof, the salaries identified by the independent salary commission shall be uniform among the same category or class of elected officials. 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. (Ord. 6504 § 1, 2014.) 2.08.030 Membership. A. The independent salary commission shall consist of five members who shall be registered voters and residents of the city of Auburn, appointed by the mayor and confirmed 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 the first five commission members shall be appointed for different terms, as follows: one member to serve for a period of one year, one member to 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/confirmation of the city council, may appoint alternate independent salary commission members as the need arises. The Prior to the expiration of the terms of office of any members of the independent salary commission, the mayor shall annually-reappoint or appoint, subject to approval/confirmation by the city council, returning or new members by March of any givcn year to fill the expiring terms on the independent salary commission. D. No member may be appointed to more than two terms on 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. 6681 April 18, 2018 Page 2 F. The mayor and city council may remove an independent salary commission member at any time for cause of incapacity, 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 confirmed by the city council. (Ord. 6649 § 1, 2017; Ord. 6504 § 1, 2014.) 2.08.040 Qualifications. A. No person shall be appointed to serve as a member or alternate member of the independent 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 officer, official or employee of the city or an immediate family member of a city officer, official or employee may serve on the commission. "Immediate family member," as used in this section, means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official or employee. (Ord. 6504 § 1, 2014.) 2.08.050 Operation. A. The independent salary commission shall elect a chair and vice chair from among its voting members. Other than for those members initially appointed for a one- year term, such officers shall hold office for two years. The independent salary commission may from time to time establish and publish rules of procedure for the efficient 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 necessary for the 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 independent 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 independent salary commission shall have the authority to raise and lower salaries of the city council and the mayor. A city council or mayoral 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 by the independent salary commission. F. The independent salary commission shall meet at least once in-244-4-and at Iaast once in each year thcr after to consider whether or not to review and/or adjust existing salaries for the city council salaries and the mayor. The initial meeting of the Ordinance No. 6681 April 18, 2018 Page 3 independent salary commission shall take place within 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 submit 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 city 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 subsection 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 and mayors from comparable cities. Such comparable cities shall be comprised of cities having a population of at least 25,000 and located in King, Pierce or Snohomish County, and for the purposes of the mayor, comparable cities shall be cities organized and operating under the mayor-council plan of government, pursuant to Chapter 35A.12 RCW or Title 35, RCW. 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 and the mayor with the city clerk within 30 days after its meeting(s) in 2011, and thereafter shall file its - _ _ -- _ - _ _ _ - _ -- _' _. . . _ . - -- _ - no later than May 31st of each year. If necessary, the independent salary commission will also meet upon any other call by the chair, the mayor or by the majority vote of the city council. (Ord. 6504 § 1, 2014.) 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 the mayor and those of comparable cities, as defined hereinabove, and to establish a salary for the mayor and a uniform salary for all councilmembers, as described hereinabove, by either increasing or decreasing the existing salaries for the city council and the mayor by an affirmative vote of not less than three members; B. To review salary schedules and file its amending salary schedules, if any, later than May 31st of every year thereafter, provided that this does not preclude the independent salary commission from reviewing and amending salary schedules more often than once per year if circumstances warrant; C. To submit each amended salary schedule to the city clerk, who will publish the complete schedule two times, at least one week apart in the official newspaper of the Ordinance No. 6681 April 18, 2018 Page 4 city. The second publication date will be the official filing date. The schedule will become effective 30 days after this date. (Ord. 6504 § 1, 2014.) 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 under 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 independent salary commission. Salary increases established by the independent salary commission shall be effective as to all city councilmembers and the mayor regardless of their term s of office. Salary decreases established by the commission shall become effective as to incumbents at the commencement of their next subsequent terms of office. Existing salaries for councilmembers and the mayor established by prior action of the independent salary commission, by prior city ordinance and/or through prior city budget shall remain in effect unless and until changed in accordance with the provisions of this chapter. 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. (Ord. 6504 § 1, 2014.) 2.08.080 Salary schedule subject to referendum petition. A. The independent salary commission's adopted salary schedule shall be subject to referendum petition by the people of the city upon filing of a valid referendum petition with the city clerk within 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 15 percent of the total number of names of persons listed as registered voters within the city on the day of the 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 until 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 30 days or more after the petition is filed and shall be otherwise governed by the provisions of the State Constitution, RCW 35A.11.100 and other laws generally applicable to referendum measures. (Ord. 6504 § 1, 2014.) SECTION.2. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. 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 Ordinance No. 6681 April 18, 2018 Page 5 to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: Y —7 2018 PASSED: MAY,—7 2038 APPROVED: AAAT-12018 CITY OF AUBURN ATTEST: NANCY E-3-iii US, MAYOR Danielle E. Daskam, City Clerk APP' : ED ;, TO FORM: i Pip]iA A I irel B. Hein ity A ttorne Published:c' „\ \L\ ‘as:›\ , ' c-- Ate' Ordinance No. 6681 April 18, 2018 Page 6