HomeMy WebLinkAbout4142ORDINANCE NO. /
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 2 of the
Kent City Code by adding a new chapter 2.58,
entitled "Independent Salary Commission," and
establishing the commission to review, establish,
increase, or decrease mayor and councilmember's
salaries.
RECITALS
A. Under state law, the city council currently sets the salaries of
the councilmembers and the mayor.
B. Revised Code of Washington (RCW) section 35.21.015
authorizes a city to establish a salary commission to review and adjust
elected official salaries and provides that commission action supersedes
any other state statute, provision, or city ordinance related to either
municipal budgets or to the fixing of salaries.
C. It is appropriate to create a separate, independent
commission, rather than the city council itself, to establish the salaries of
these elected officials.
D. If the commission elects to include a conservative, fixed
salary inflation factor to address future inflationary trends as part of its
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salary decision, the council will authorize the commission to be disbanded
and this ordinance—but not the salaries established by the commission—
can be repealed. If the commission elects not to include a conservative,
fixed salary inflation factor to address future inflationary trends, then the
commission will continue to operate, holding at least annual commission
meetings.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -New Chapter, Chapter 2.58, entitled Independent
Salary Commission," shall be added to the Kent City Code.
Sec. 2.58.010. Establishment and purpose. There is hereby
established an independent salary commission. The purpose of the
commission is to review and establish the mayor and councilmembers'
salaries.
Sec. 2.58.020. Responsibilities. The commission shall have the
following responsibilities:
A. The commission shall be solely responsible for its own
organization, operation, and action and shall enjoy the fullest cooperation
of all city officials, officers, departments, and employees.
B. The members of the commission shall elect a chairperson
from among its members.
C. The commission shall study the relationship of salaries and
benefits to the duties of the mayor and city councilmembers and shall
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establish the salaries and benefits for those positions by either increasing
or decreasing the existing salary and benefits for each position by an
affirmative vote of not less than a majority of the commission.
D. The commission will use its best efforts to file its schedule of
salaries with the city clerk no later than July 1, 2015. After that date, if
the commission establishes an annual salary inflation factor to be applied
to the adjusted salaries, the city council will take steps to allow the
commission to disband and to repeal the establishment of this commission
under this ordinance, but to keep the salary schedule established by the
commission in place.
E. If the commission does not establish an annual salary inflation
factor as part of its salary and benefits adjustments, the commission will
meet at least annually to review and, if it so determines, amend and file its
salary schedules not later than the first Tuesday in October of each year to
coincide with the city's budget cycle.
F. The commission will submit its salary schedule to the city
clerk, who will publish the complete schedule two times, each publication
at least one week apart. The second publication date will be the official
filing date. The schedule will become effective thirty days after the official
filing date. The salary schedule will be subject to referendum petition in
the same manner as a city ordinance, if a valid referendum petition is filed
within thirty days of the salary schedule's official filing date.
G. The signature of the chairperson of the commission shall be
affixed on each schedule submitted to the city clerk.
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H. All meetings, actions, hearings and business of the
commission shall be subject to the Open Public Meetings Act set forth in
Ch. 42.30 RCW.
I. The 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 city will incorporate the
schedule into the city budget without further action by the city council or
the commission.
). Salary increases established by the commission shall be
effective as to all city elected officials, regardless of their terms of office.
Salary decreases established by the commission shall not become effective
as to incumbent city elected officials until commencement of the
incumbent's next subsequent term of office.
K. Existing salaries and benefits for the mayor and
councilmembers established by city ordinance and/or city budget will
remain in effect unless and until changed in accordance with the provisions
of this chapter.
L. 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 or
applicable law.
Sec. 2.58.030. Salary schedule -Referendum petition.
A. The commission's adopted salary schedule will be subject to
referendU111
in the same manner as a city ordinance. As required by law, a
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referendum petition on the commission's ordinance must be filed with the
city clerk within thirty days from the salary schedule's official filing date. If
a valid referendum petition is filed, the salary increase or decrease will not
go into effect unless approved at the referendum election.
B. The city will submit referendum measures under this section
to the voters at the next following general or municipal election occurring
thirty or more days after the petition is filed. Referendum measures will
be otherwise governed by the provisions of the state Constitution or other
laws generally applicable to referendum measures.
Sec. 2.58.040. Composition of the commission. The salary
commission shall consist of five members. Ideally, the commissioners will
be residents of the city. Representation on the commission should be as
follows:
(1) one commissioner from the faith community;
(2) one commissioner from the business community;
(3) one commissioner with human resources expertise; and
(4) two at -large commissioners.
The mayor will appoint the commissioners and the city council will confirm
the appointment in. accordance with the provisions of this chapter. The
commission members shall serve as city volunteers without compensation,
except for reasonable reimbursement for their expenses in accordance with
state law and city ordinance.
Sec. 2.58.050. Terms of appointment.
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A. The city council prefers that the commission adjust salaries
and benefits as it deems appropriate and include a fixed annual salary
inflation factor. If the commission establishes a fixed annual salary
inflation factor to be applied to the adjusted salaries, at the expiration of
any referendum period, the city council will take steps to allow the
commission to disband and to repeal the establishment of the commission
under this ordinance, but to keep the salary schedule established by the
commission in place.
B. If the commission does not establish a fixed annual salary
inflation factor as part of its salary and benefits adjustments, the
commission will meet at least annually to review and, if it so determines,
amend and file its salary schedules not later than the first Tuesday in
October of each year to coincide with the city's budget cycle. Members
shall serve 3 -year terms, except for the first members appointed to the
commission, who shall serve staggered terms as follows.
1. One member will serve a one year term;
2. Two members will serve a two year terms and
3. Two members will serve a three year term.
However, no member may be appointed to more than two terms of office
on the %commission, whether or not those terms are held consecutively.
The commissioners will annually elect the commission's chairperson.
C. No city officer, official, employee, or immediate family
member of any city officer, official or employee may serve on the
commission. As used in this section, "immediate family member" means
parents, spouse, siblings, children or dependent relative of the officer,
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official or employee, whether or not living in the household of the officer,
official or employee.
D. No commissioner will be removed during his or her term of
office unless for cause of incapacity, incompetence, neglect of duty or
malfeasance in office, or for a disqualifying change of residence.
Sec. 2.58.060. Staffing. The mayor shall appoint staff as he or
she deems appropriate to assist the commission in its daily operation. All
city officers, officials, and employees will assist the commission in all
proper ways to carry out the provisions of this chapter. Specifically, the
city's human resources department will provide the commission with a
survey comparing mayor and councilmember salaries and benefits from
comparable cities and will provide the commission with historical
annualized inflation trends to establish comparable salaries for Kent's
mayor and councilmembers plus a reasonable fixed inflation adjustment
factor for future years. The commission will have access to all city books,
papers, documents and accounts applying or in any way concerning the
salaries and benefits of elected officials and the salary commission. The
commission shall operate in accordance with its duly adopted rules and
regulations.
Sec. 2.58.070. Meetings. The commission shall meet at least two
times prior to July 1, 2015. Thereafter, if not disbanded as provided for in
this ordinance, the commission shall meet at least once a year to consider
whether or not to review and/or adjust existing salaries and benefits. This
annual meeting will occur no later than September 15 in any given year.
If necessary, the commission will also meet upon any other call by the
chair, the mayor, or by majority vote of the city council.
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Sec. 2.58.080. Attendance and vacancies. At any meeting of
the commission, the commission may recommend to the Mayor removal of
any member who misses two consecutive meetings without being excused
by the commission upon an affirmative vote of a majority of the
commissioners in attendance. Upon a vacancy in any commission position,
the mayor will appoint, subject to council confirmation, a successor to fill
the unexpired term.
SECTION 2. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 3. -Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations, or ordinance numbering and
section/subsection numbering.
SECTION 4. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
ATTEST:
0
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RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM 2
BRUBAKER, CITY ATTORNEY
PASSED: day of .� , 2015.
APPROVED. day of , 2015.
PUBLISHED. day of a- , 2015.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
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RONALD MOQRlE, CITY CLERK
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