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HomeMy WebLinkAbout4454ORDINANCE NO. 4454 AN ORDINANCE of the City Council of the City of Kent, Washington, to: (1) amend the Kent City Code to add a new chapter 2.65, entitled "Independent Salary Commission," to create a commission to review, establish, and annually set, increase, or decrease the salaries of the Mayor and members of the City Council; and (2) amend Kent City Code sections 2.01.010 and 2.02.020 relating to the salaries of the Mayor and members of the City Council to provide for salary schedules established by an Independent Salary Commission. RECITALS A. The state Constitution places limits on how changes to an elected official's salary can be implemented. While no salary may be decreased until an elected official's current term ends, salary increases may go into effect at any time, so long as the entity authorizing the salary increase is not setting their own salary. If the entity authorizing the salary increase is setting their own salary, then the salary increase cannot be effective during that entity's current term in office. Under state law, Council currently sets the salaries of councilmembers, the Mayor, and the municipal court judges. B. Given these Constitutional limitations, the state Legislature enacted RCW 35.21.015, which expressly authorizes cities, towns and counties to create independent salary commissions to set elected officials' 1 Establish Independent Salary Commission salaries. The action fixing the salary by the commission supersedes any other state statute, provision, or City ordinance related to either municipal budgets or to the fixing of salaries. Additionally, implementation of salaries established by an independent salary commission is not delayed because salaries are set by the independent salary commission and not the City Council. Additionally, it is more appropriate to have a separate, independent commission, rather than the City Council itself, objectively review and establish the salaries of these elected officials. C. The City has previously convened an independent salary commission to review and set the salaries of the Mayor and members of the City Council. The prior commission last convened in 2015, and at that time, it adopted the current salaries provided for in KCC 2.01.010 and KCC 2.02.020, which have increased annually thereafter at a rate of 2.5%, which has been below the Consumer Price Index and rate of inflation for several years resulting in current salaries that appear below that provided for in comparable cities. For that reason, the City's Human Resources and Finance Departments have recommended the formation of a new Independent Salary Commission to evaluate the current salaries paid for the positions of Mayor and members of the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION I. - Amendment. The following chapter, chapter 2.65, entitled "Independent Salary Commission," shall be added to the Kent City Code as follows: 2 Establish Independent Salary Commission CHAPTER 2.65 INDEPENDENT SALARY COMMISSION Sec. 2.65.010. Establishment and purpose. A. Independent Salary Commission Established. A salary commission is hereby established pursuant to RCW 35.21.015, hereinafter referred to as the City of Kent independent salary commission. B. Purpose of Commission. 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. The salary authority of the independent salary commission shall include all compensation that may be paid to or received by council members and the mayor, whether or not it is identified as salary. Further, 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 council member selected as the council president. Rather, the independent salary commission would be entitled to consider the additional duties of the council president in setting salaries for that position. C. Salary of Municipal Court Judge Excluded. The commission will not review or set the salaries of the City's municipal court judges, which pursuant to KCC 2.34.050 equal the salary of district court judges as set by the Washington Citizens' Commission on Salaries for Elected Officials. D. Ch. 2.50 KCC Supplements this Chapter. The provisions of Ch. 2.50 KCC shall supplement the provisions in this chapter with respect to the independent salary commission. If there is a conflict between any provision in Ch. 2.50 KCC and a provision in this chapter, the provision in this chapter shall control. 3 Establish Independent Salary Commission Sec. 2.65.020. Membership. A. The independent salary commission shall consist of three members who shall be registered voters and residents of the City of Kent, appointed by the mayor and confirmed by the city council. B. The members of the independent salary commission shall serve without compensation, except for reasonable reimbursement for their expenses in accordance with state law and City ordinance. C. Each member of the independent salary commission shall serve a term of four years, except that the first three commission members shall be appointed for different terms, as follows: one member to serve for a period of two years, one member to serve for a period of three years, and one member to serve for a period of four years. Alternate members may be appointed and confirmed in accordance with Ch. 2.50 KCC. 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. The mayor may remove a commissioner at any time for cause of incapacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change of residence. Sec. 2.65.030. Qualifications. A. No person shall be appointed to serve as a member or alternate member of the independent salary commission unless that person meets the qualifications set forth in KCC 2.50.060(A). 4 Establish Independent Salary Commission B. No city officer, official or employee, 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. Sec. 2.65.040. Commission Operations. A. The independent salary commission shall elect a chair and vice chair from among its voting members as provided for in Ch. 2.50 KCC. B. The meetings of the independent salary commission shall be subject to the Open Public Meetings Act pursuant to Chapter 42.30 RCW. C. 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. D. 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 a majority of the members of the commission vote in favor of the increase or decrease as provided for by Ch. 2.50 KCC. E. 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. 5 Establish Independent Salary Commission F. 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. G. 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 H of this section, including but not limited to information related to the various duties, assignments, responsibilities, obligations and meetings of city council members. H. 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. I. 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 the third Tuesday in November of each year to coincide with the City's annual budget cycle. 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. 6 Establish Independent Salary Commission Sec. 2.65.050. Responsibilities. The independent salary commission shall have the following responsibilities: A. To study the relationship of salaries to the duties of the city council members 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 council members, as described hereinabove, by either increasing or decreasing the existing salaries for the city council and the mayor by an affirmative vote as provided for by Ch. 2.50 KCC; B. To review salary schedules and file its amending salary schedules, if any, not later than the third Tuesday in November of each year to coincide with the City's annual budget cycle; 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 city. The second publication date will be the official filing date. The schedule will become effective 30 days after this date. D. The commission will use its best efforts to file its initial schedule of salaries for the positions of Mayor, City councilmembers, and municipal court judges with the city clerk no later than April 1, 2023. After that date, the commission will review and, if it so determines, amend and file its salary schedules not later than the third Tuesday in November of each year to coincide with the City's annual budget cycle. The commission's initial schedule of salaries will have an effective date no sooner than January 1, 2023. 7 Establish Independent Salary Commission E. The signature of the chair of the independent salary commission shall be affixed on each schedule submitted to the city clerk. 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 (30) days of the salary schedule's official filing date. F. 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 by the commission. Once filed, the City will incorporate the schedule into the City budget without further action by the City Council or the commission. G. Salary increases established by the independent salary commission shall be effective as to all city council members and the mayor regardless of their terms of office. Salary decreases established by the commission shall become effective as to incumbents at the commencement of their next subsequent terms of office. H. Existing salaries for the mayor and members of council established by City ordinance or City budget, or by prior action of the independent salary commission, will remain in effect unless and until changed in accordance with the provisions of this chapter. I. 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. Sec. 2.65.060. Salary schedule - Referendum petition. A. The independent salary commission's adopted salary schedule will be subject to referendum in the same manner as a City ordinance. As required by law, a referendum petition on the commission's salary schedule must be 8 Establish Independent Salary Commission filed with the city clerk within 30 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 (30) or more days after the petition is filed. Referendum measures will be otherwise governed by the provisions of the state Constitution, RCW 35A.11.100, and other laws generally applicable to referendum measures. SECTION 2. - Amendment. Section 2.01.010 of the Kent City Code, entitled "Compensation of counciImembers," is amended as follows: Sec. 2.01.010. Compensation of council members. A. Each city council member shall be paid a monthly salary of $1,174.65 effective July 3, 2015. The duly elected president of the city council shall be paid a monthly salary of $1,238.20 effective July 3, 2015. A cost of living adjustment (COLA) equal to 2.5 percent of the annual wages is to be applied to this salary effective January 1, 2016, and on January 1st of each subsequent year unless amended by the salary commission. If the City's independent salary commission establishes a salary schedule for the City Council, those salaries will take effect at the times, in the amounts, and under the conditions established in the schedule, as provided by law and by Ch. 2.65 KCC, and will replace the salaries set forth in KCC 2.01.010(A). B. Each council member may receive medical insurance coverage benefits for himself or herself as is provided to full-time employees of the city. Additionally, each council member may, at his or her expense, elect to 9 Establish Independent Salary Commission obtain medical insurance coverage benefits for his or her family as is provided pursuant to city policy. SECTION 3, - Amendment. Section 2.02.010 of the Kent City Code, entitled "'Compensation of Mayor," is amended as follows: Sec. 2.02.010. Compensation of mayor. The mayor of the city shall be paid a monthly salary $11,500 effective July 3, 2015. A cost of living adjustment (COLA) equal to 2.5 percent of the annual wages is to be applied to this salary effective January 1, 2016, and on January 1st of each subsequent year unless amended by the salary commission. If the City's independent salary commission establishes a salary schedule for the Mayor, that salary will take effect at the time, in the amount and under the conditions established by the commission, as provided by law and by Ch. 2.65 KCC and will replace the salary set forth in KCC 2.02.010(A). In addition to the base salary, the mayor shall be entitled to receive all benefits associated with full-time employment with the city, as established by city policy for this position. These benefits may be adjusted from time to time, on a city-wide basis, in accordance with city policy. However, adjustments increasing benefits beyond those provided to full- time employees, and any increases in salary beyond those provided for by the independent salary commission in accordance with Ch. 2.65 KCC, shall be by ordinance pursuant to RCW 35A.12.070. SECTION 4. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 10 Establish Independent Salary Commission SECTION 5. - 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; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 6. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. DANA RALPH, MAYO ATTEST: KIMBERLEY A APPROVED AS TO FORM: WHITE, CITY ATTORNEY November 15, 2022 Date Approved November 15, 2022 Date Adopted November 18, 2022 Date Published 11 Establish Independent Salary Commission