Loading...
HomeMy WebLinkAbout6906 (2) ORDINANCE NO. 6906 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 2.08.020 OF THE AUBURN CITY CODE RELATED TO THE PURPOSE OF THE CITY'S INDEPENDENT SALARY COMMISSION WHEREAS, in 2014, pursuant to RCW 35.21.015, the City enacted Auburn City Code (ACC) 2.08 which created an Independent Salary Commission (ISC)to establish the salaries of City councilmembers. ACC 2.08 was amended in 2018 to include the establishment of the City Mayor's salary to the ISC's authority; and WHEREAS, ACC 2.08.020 sets forth the ISC's purpose, and indicates that ISC salary authority includes "all compensation" paid or received by the mayor or councilmembers, whether or not the compensation "is identified as salary." ACC 2.08 does not define the term "compensation," and similar to RCW 35.21.015, it does not expressly refer to city-provided employment benefits (such as vacation leave, sick leave, etc.) as included in "salary"; and WHEREAS, in February 2023 the Auburn City Council formed an ad hoc committee to examine the benefits provided to the City's mayoral position. In light of the undefined term "compensation" in ACC 2.08.020, the committee's examination required it to determine whether the ISC's salary authority also included authority over employment benefits; and WHEREAS, the committee reviewed records of the ISC's activities since 2018, including the materials provided to the ISC for its consideration, and minutes of ISC meetings. The records revealed that the ISC had never been requested to establish or Ordinance No. 6906 June 1, 2023 Page 1 of 3 10681434.1 -370702-0001 adjust employment benefits and had never considered or established such benefits. Instead, employment benefits were set by City policy or the Council, and the ISC had only established the salaries of the City's mayor and councilmembers consistent with ACC 2.08.020 and RCW 35.21.015; and WHEREAS, on April 17, 2023, the committee reported its findings to the Council, and recommended that the Council revised ACC 2.08.020 to clarify the ISC's purpose is to set only the salaries of City elected officials, defined to expressly exclude non-monetary employment benefits and leave allocation, including but not limited to any payout of accrued leave set forth in City policy or the ACC; and WHEREAS, to avoid future confusion over the issue, the Council, by motion, directed the drafting of this ordinance to amend ACC 2.08.020, clarifying with express language that the ISC's purpose in setting salaries does not include authority over employment benefits and leave; and WHEREAS, the City Council finds that ACC 2.08.020 should be further amended for additional clarity and precision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 2.08.020 of the Auburn City Code is hereby amended as set forth in Exhibit A to this Ordinance. Section 2. Amendment to City Code. Section 2.08.050 of the Auburn City Code is hereby amended in part as set forth in Exhibit B to this Ordinance. Ordinance No. 6906 June 1, 2023 Page 2 of 3 10681434.1-370702-0001 Section 3. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 4. 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 of it to any person or circumstance,will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. JUN 0 5 2023 INTRODUCED: PASSED: JUN 0 5 2023 APPROVED: JUN 0 5 2023 Fut\ Ori94 ANCY BAS S, MAYOR ATTEST: APPROVED AS TO FORM: -�� \(Q1116, - C0fiNifkkA awn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Published: Sea+Hf, 1TIr LS 3 (ii 08/2023 Ordinance No.6906 June 1, 2023 Page 3 of 3 10681434.1-370702-0001 EXHIBIT A ORDINANCE NO. 6906 ACC 2.08.020 Purpose of Independent Salary Commission; Establishment of Uniform Salaries. A. Purpose of Independent Salary Commission. The purpose of the independent salary commission shall be to review and establish the salaries of the City'sm,,,en Pers-of the-city councilmembers and the mayor. For the purposes of this chapterhereof, tho "salary" authority-of-the-independent-salary commission shall-means include-all monetary compensation that may be paid to or received by councilmembers or and-the mayor, Iwhether or not it is such corn.cnsation is ex.recsl idcntified as salary), but does not include City employment benefits or leave (including payout of leave, if any) described in this Title or in City policy.. Also, for the purposes hereof, t B. Establishment of uniform councilmember salaries—exception. The Independent Salary Commission shall establish uniform City councilmember salaries-identified by the independent salary-commission shall be uniform among the same catogory or class of elected officialsexcept that the Commission may set . • - - ' ':•, •- - - . _ _ - - e a different salary for the council-member selected as the deputy mayor due to the additional duties of that position.as the deputy mayor of the city. Rather, the deputy mayor in setting salaries for that position. EXHIBIT B ORDINANCE NO. 6906 ACC 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, and audio recordings shall be made of all meetings. 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 each year to consider whether or not to review and/or adjust existing salaries for the city council and the mayor. The initial meeting of the 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 council members. 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 RCW Title 35. 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 no later than May 31st of each year. If necessary, the independent salary commission will also meet upon any other call by the chair or the mayor or by the majority vote of the city council.