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City Council Committees - Independant Salary Commission - 02/14/2023
• KEN T WASHINGTON Independant Salary Commission SPECIAL MEETING Tuesday, February 14, 2023 10:00 AM City of Kent Centennial Rooms North/South 400 West Gowe Street Kent, WA 98032 Click here to join the meeting Meeting ID: 252 950 267 758 Passcode: jvgwRD Or call in (audio only) +1 872-239-8456„606153045# Phone Conference ID: 606 153 045# Commission Member Julie Miller Commission Member Pat Hanis Commission Member Todd Minor ************************************************************** Item Description Action Speaker Time I. Call to Order II. Roll Call III. Introductions 01 MIN. IV. Business A. Nomination and Election of YES Tammy White 05 MIN. Chair and Vice -Chair B. Overview of Purpose of NO Tammy White 15 MIN. Commission, Roles, and Responsibilities C. Comparable Salaries for NO Paula Painter 15 MIN. Mayor, Council President and Council Members D. Deliberation and Adoption of YES All 30 MIN. Proposed Salary Schedule - Adopt and Submit for Public Comment E. Next Commission Meeting - YES All 05 MIN. Independent Salary Commission Independent Salary February 14, 2023 Commission - Special Meetinq Set Date and Publish Notice The public may submit written public comments that relate to the commission agenda item by emailing: cityclerk@kentwa.gov by 9 a.m. on the day of this commission meeting. After 9 a.m., written public comments may only be submitted in person by presenting them to the commission secretary at the public meeting. Written public comments that do not relate to a commission agenda item are not permitted. Written public comments are not read into the record. The Independent Salary Commission shall meet at least once each year, before April 301", to consider whether or not to review and/or adjust existing salaries for the city council and mayor. Meeting are held at the City of Kent, Centennial Center, 400 West Gowe Street, Kent, WA 98032 For additional information please contact Kim Komoto at 253-856-5728, or email Kkomoto@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856- 5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. 4.A • KENT WASHINGTON OFFICE OF THE CITY ATTORNEY Tammy White, City Attorney 220 Fourth Avenue South Kent, WA 98032 253-856-5770 DATE: February 14, 2023 TO: Independant Salary Commission SUBJECT: Nomination and Election of Chair and Vice -Chair MOTION: I move to elect to the position of Chair of the Independent Salary Commission for a one-year term. I move to elect _ Independent Sala to the position of Vice -Chair of the Commission for a one-year term. SUMMARY: KCC 2.50.090 provides that each appointive commission shall annually elect from among its members a chair and vice chair. The Commission will need to discuss volunteers and nominations for the positions of Chair and Vice -Chair. Packet Pg. 3 4.B • KENT WASHINGTON DATE: February 14, 2023 TO: Independant Salary Commission OFFICE OF THE CITY ATTORNEY Tammy White, City Attorney 220 Fourth Avenue South Kent, WA 98032 253-856-5770 SUBJECT: Overview of Purpose of Commission, Roles, and Responsibilities SUMMARY: Tammy White, Kent's City Attorney, will discuss with the Commission its purpose, role, and responsibilities. ATTACHMENTS: 1. Salary Commission Process and Procedures (PDF) Packet Pg. 4 4.B.a City of Kent Independent Salary Commission Duties and Responsibilities of a Commissioner • Attend and be prepared for all meetings • Become familiar with and follow statutes, operating rules, and policies • Carefully listen to the presentations • Read and examine the materials and information presented before making decisions • Actively participate in meetings and hearings • Be willing and able to reach thoughtful, non -political decisions • Work collaboratively with other members in making decisions, recognizing that compromise may be necessary to reach consensus • Prepare and adopt a salary schedule for the Mayor, the Council President, and City Council, and use your "best efforts" to deliver that initial salary schedule to the City Clerk by April 1, 2023. Duties and Responsibilities of Elected Officials Mayor • In charge of all departments and employees (i.e. the daily operations of the City); • Appoint and remove a Chief Administrative Officer; • Enforce all laws and ordinances adopted by the City Council; maintain law and order; • Approve all official bonds and contractor's bonds; • See that all contracts made with the City are kept and performed; • Cause legal proceedings to be commenced, subject to approval of Council; • Preside over all meetings of City Council; • Vote when there is a tie, except on: ordinances, grants, revocations of a franchise or license; or any resolutions for the payment of money; • Make recommendations to Council for consideration and action; • Report to Council concerning affairs of City and its financial and other needs; • Prepare and submit a proposed budget to Council; • Veto ordinances passed by Council, if power exercised by Mayor; City of Kent Independent Salary Commission P a g e l i (Revised 02.07.2023) Packet Pg. 5 4.B.a • Call special meetings of Council through 24 hours advance written notice; and • All other duties of the office as imposed by state law on offices of every other class of city who occupy a like position and perform like functions. Council President • Administer the City Council budget, including oversight and approval of expenditures; • Set the City Council's agenda in accordance with Council rules, in coordination with the Chief Administrative Officer and City Clerk's Office; • Refer proposed ordinances and resolutions to council committee; • Call for a workshop or a meeting of the City Council as needed, or request a special or emergency meeting; • In cooperation with the Mayor, ensure adequate City Council facilities, equipment and support, with Council consent; • Direct correspondence on behalf of the City Council as appropriate, with consent of Council; • Act as Council liaison to the Mayor's Office on policy issue consideration, including elements of timing; • Appoint the membership of ad hoc committees or boards and the ad hoc committee or board chairs; • Substitute for an absent Councilmember or designate another Councilmember to substitute on any of the Council's committees or boards; • Coordinate and schedule annual retreats or other meetings for review and update of Council visions and goals for the City or to address other Council matters; • Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the Council's views, or in the alternative, designate other Councilmembers to represent the City and the Council on specific regional issues or meetings; • Serve as a Council focal point for Council, Mayor, and staff; and • Discern Councilmembers' areas of interest and/or expertise. City Council • Define functions, powers, and duties of City officers and employees; Fix compensation and working conditions of City's officers and employees; • Establish and maintain a civil service or merit system, or retirement and pension systems not in conflict with Title 35A RCW; City of Kent Independent Salary Commission P a g e 1 2 (Revised 02.07.2023) Packet Pg. 6 4.B.a • Adopt and enforce ordinances of all kinds regulating local or municipal affairs, including penalties for criminal (no greater than $5,000 fine/364 days in jail) and civil violations; • Make and approve all contracts involving the City; • Purchase, lease, receive, or otherwise acquire real and personal property of every kind; • Lease, control, convey, or otherwise dispose of real or personal property for the common benefit; • Exercise powers in regard to all aspects of collective bargaining; • Construct, condemn, purchase, acquire, add to, alter, maintain and operate utilities and infrastructure within or outside its city limits (e.g., streets, sidewalks, water, sewer, storm water drainage); • Provide for the rendering of local, social, cultural, recreational, educational, governmental, or corporate services; • Levy taxes, except those expressly preempted by the state; • Exercise powers of eminent domain (power of City to take private property for public use), borrowing, taxation, and the granting of franchises; • Accept a gift or grant for any public purpose; • Expend moneys and conduct promotion of resources and facilities for the purpose of attracting visitors and encouraging tourism; • Supervise, control, and improve streets and other infrastructure; • Engage in economic development programs and/or contracts with nonprofit corporations in furtherance thereof; • Own or operate a professional sports franchise, if the owner of the franchise announce their intention to sell or move the franchise; • Exercise all powers possible for a city to have under the state constitution that is not denied by state law; • Perform all duties of the office which are imposed by state law on officers of every other class of city who occupy a like position and perform like function; and • Organize and regulate Council's internal affairs within provisions of Title 35A RCW. The Role of Staff City staff are responsible for providing the support and resources needed to help you effectively carry out your duties as a Commissioner. Staff will: City of Kent Independent Salary Commission P a g e 1 3 (Revised 02.07.2023) Packet Pg. 7 4.B.a • Research, develop, and provide technical information, data, and materials for consideration in your salary setting deliberations and decisions; • Implement and carry out the rules, policies, programs, and decisions that are made; • Make arrangements for meetings, and prepare meeting materials; and • Support staff do not influence, communicate recommendations, or play a role in any decisions or deliberations made by the Commission. Please contact City staff regarding any questions you may have or assistance you may need. The primary staff member assigned to assist the Commission is the City Clerk, who may be contacted at 253-856-5725 or cityclerk@kentwa.gov. Setting the Elected Official's Salaries It is appropriate to base salaries on realistic standards and to set salaries that are commensurate with the duties of the job and proportionate to comparable cities. A city is considered comparable to Kent when it: • Has a population of at least 25,000; • Is located in King, Pierce, or Snohomish County; and • For purposes of the Mayor's position, the city is organized and operating under the mayor -council plan of government, pursuant to Ch. 35A.12 RCW and RCW Title 35. The positions for which the Commission has salary setting authority are: • Mayor • Council President • City Council Note: The commission does not set the salaries of Kent's Municipal Court Judges. In accordance with KCC 2.34.050, the salaries for these judicial positions are equal to the salaries paid to district court judges as determined by the Washington Citizens' Commission on Salaries for Elected Officials. The Commission's Salary Setting Authority and Limitations In recommending the elected officials' salaries, the Commission may: • Grant a general cost of living adjustment (COLA) to all positions; • Increase the salary of a particular position(s); • Not grant any increases —keep all salaries at their current level; • Decrease the salary of a particular position(s); or • A combination of any of the above. Any change that results in an increase in a position's salary will take effect on a date determined by the Commission. City of Kent Independent Salary Commission P a g e 1 4 (Revised 02.07.2023) Packet Pg. 8 4.B.a Any change that results in a decrease in a position's salary will not take effect as to any incumbent until the commencement of their next subsequent term in office. Scope of "'Salary" Payments that are considered part of "salary" include: • Base salary or wage paid for services rendered; • Payment made in lieu of health insurance coverage; and • Deferred compensation, such as contribution to a 457 plan. Payments that are not considered part of "salary" include: • Payments to a third -party to benefit the employee, such as health care coverage with no in lieu cash option, employer retirement plan contribution; • Car allowance, often paid in lieu of mileage reimbursement; and • Expense reimbursements. Salary Setting Timelines The Commission is required to meet at least once per year to consider whether to review or adjust existing salaries for the positions of Mayor, Council President, City Council. All meetings of the Commission are subject to the Open Public Meetings Act, Ch. 42.30 RCW. Any revisions to a position's salary must be submitted to the City Clerk no later than third Tuesday in November of each year. The table below outlines the salary review process. Date Action February 14, 2023, 10 a.m. Initial meeting of Commission to: • Review positions' duties • Review existing salaries • Review salaries of comparable cities • Discuss adjustments in Kent salaries • Set new salaries and effective date of any changes (proposed) • Determine next meeting date to: o Solicit public comment on salaries (proposed) o Adopt final salary schedule City of Kent Independent Salary Commission P a g e 1 5 (Revised 02.07.2023) Packet Pg. 9 4.B.a February 16, 2023 Deadline for the Commission to conduct its initial meetings February - March Additional meetings —must have at least one additional meeting after 2/14/2023: • Continue evaluation of duties/responsibilities • Continue discussions to set salaries of the City Council, the Council President, and the Mayor • Set meeting to obtain public comment before adopting final schedule. April 1, 2023 Date by which Commission is to "use its best efforts" to file its initial salary schedule with the City Clerk Signature of chair shall be affixed on schedule filed with Clerk April - May, 2023 Once filed, the City Clerk will publish the salary schedule twice —at least one week apart in the 'official newspaper of the city". • The second publication date is the official filing date • Schedule is effective 30 days after the filing date How the Salary Setting Process Works It is the City's desire to attract citizens to public service by: • Establishing proper salaries for elected officials; • Basing those salaries on realistic standards; and • Paying the elected officials according to the duties of their office. The Commission's responsibility is to evaluate the positions and set a salary that is commensurate with the duties. It is the responsibility of voters to evaluate the performance of the person doing the job. 1 30 days from the date of appointment (January 17, 2023) of the initial members to the Commission City of Kent Independent Salary Commission P a g e 1 6 (Revised 02.07.2023) Packet Pg. 10 4.B.a The Commission is to set a salary schedule for the positions of the Mayor, the Council President, and the City Council. 1. The first step is to discuss and prepare a proposed salary schedule for the positions of Mayor, Council President, and members of the City Council. That proposed salary schedule is then "on the table" for public comment and input at a future meeting of the Commission. 2. The public may participate in the decision -making process by attending the Commission's next public meeting or by sending written comments to the Commission through the Clerk's Office by fax (253-856-6725), mail (220 Fourth Ave. S., Kent, WA 98032), or email (cityclerk@kentwa.gov). All input from the public will be shared with the Commission for its consideration. 3. The Commission is to 'ruse its best efforts" to adopt a final salary schedule by April 1, 2023. 4. The final salary schedule is then filed with the City Clerk, who will publish it twice, at least one week apart, before it takes effect. The date of the second publication is the official filing date of the final salary schedule. 5. The salaries set by the final salary schedule adopted by the Commission will take effect on a date determined by the Commission, which shall not be prior to January 1, 2023. Public Comment at Meetings The meetings of the Commission are subject to the Open Public Meetings Act, Ch. 42.30 RCW. However, they are informal. At the Commission's initial meeting, the public is invited to attend and observe. The public may provide the Commission with written comments, which may be submitted prior to or at the meeting. However, unless public comment has been added as a specific item on the agenda, the public is not permitted to provide oral comment to the Commission. When oral comment is permitted, it will be noted as an agenda item before the Commission. In that event, speakers are to limit their comments to the work of the Commission; it is not an open public forum. When oral comment is permitted, the following provisions generally apply: 1. The speaker should sign in; 2. Prior to addressing the Commission, the speaker should state their name and city of residence; 3. Remarks are to be limited to the time allotted by the chair, usually 3 minutes per speaker; 4. All remarks must be pertinent to the matters considered by the Commission; and City of Kent Independent Salary Commission P a g e 1 7 (Revised 02.07.2023) Packet Pg. 11 4.B.a 5. The speaker is to address the chair and the Commission as a whole, not any member individually. Public Meetings All meetings, actions, hearings, and business the Commission conducts should comply with the Open Public Meetings Act (OPMA) and the Public Records Act (PRA). This means that all business the Commission conducts must be open and accessible to the public. The only exception is if the Commission calls an Executive Session, and this exception would not be applicable to the work of the Commission. A majority of the Commission may not discuss Commission business except in an open and public meeting. As a result, a majority of the Commissioners may not separately meet, talk, or email about Commission business; those conversations should occur only in an open and public meeting. This means that two Commissioners may not email or communicate with each other to discuss Commission business, i.e. information relevant to setting the salaries of the Mayor, the Council President, or the City Council. Attendance at Meetings —Quorum Your regular attendance at meetings is necessary. In order for the meeting to be conducted, a quorum of the Commission must be present. A majority of the Commission's members constitutes a quorum for the purpose of conducting a meeting —in this instance, two of the Commission's three members must be present for a meeting to occur. Officers At its initial meeting, the Commission must elect a Chair and a Vice -Chair. The Chair works with the assigned City staff representative to set the Commission's agenda, presides over all meetings of the Commission, calls special meetings, and performs other duties as described in KCC 2.50.090(A)(1). The Vice -Chair performs the Chair's duties when the Chair is absent, and will generally assist the Chair as requested. Action/Adopt a Salary Schedule Taking action at a meeting requires an affirmative vote of a majority of members present. If all three members are present, two members must affirmatively vote to approve the salary schedule or to take other official action on behalf of the Commission. If only two members are present, both of those members must affirmatively vote to approve the salary schedule or to take other official action on behalf of the Commission. City of Kent Independent Salary Commission P a g e 1 8 (Revised 02.07.2023) Packet Pg. 12 4.B.a Reaular Meetinas Regular meetings are defined as recurring meetings held in accordance with a periodic schedule. These meetings are open to the public. Public comment may be submitted to the Commission either in writing prior to or at any Commission meeting, or orally when public comment is specifically sought by the Commission through an agenda item. With regular meetings, additional business may be added or "walked on" to the Commission meeting at the last minute and without prior public notice. In such an event, the Open Public Meetings Act would allow the Commission to take action on a "walked on" item like it would for any other item that was listed and published on the agenda in advance of the meeting. It is not anticipated that the Commission's meetings will be conducted on a periodic schedule, as a result, each meeting of the Commission is likely to be noted as a special meeting, which includes some limitations as explained in more detail below. Work Sessions The Commission may hold work sessions in conjunction with any regular meeting. The purpose of a work session is to review and discuss data and materials relative to the salary setting process and to conduct other business. Items discussed in these sessions that require formal action by the Commission must be included on that meeting's agenda. Special Meetings A special meeting may be called at any time by the Chair or by a majority of Commissioners. A special meeting is one that falls outside of any regular meeting that is on a periodic schedule. Public notice of a special meeting, and the items to be discussed at the special meeting, must be given at least 24-hours before the meeting. At a special meeting, action of the Commission is limited to those items appearing on the agenda; walked on items that require action are not allowed. Meeting Procedures All business is conducted by motion. Any Commissioner, including the chair, may make a motion. The Commission's meetings are informal, but it will loosely follow Robert's Rules of Order for its procedures. Voting The Chair has a vote just like any other member. The Chair may call for a voice vote or a roll call vote. City of Kent Independent Salary Commission P a g e 1 9 (Revised 02.07.2023) Packet Pg. 13 4.B.a • A "voice vote" is when the Chair asks all those in favor of the stated motion to say "Aye" at the same time, and those opposed to say "Nay". • A "roll call vote" is when the Chair calls a Commissioner by name and asks that Commissioner for their vote —either "Aye" or "Nay' . Meeting Minutes and Filming The Commission's meetings are recorded by City staff. The minutes are sent to all Commissioners and are posted on the City's website after they are approved. The Commission's meetings may be filmed by and shown by the City on its website, through YouTube, or another streaming option utilized by the City. Public Records Act All records that relate to the conduct of the City, or the performance of any governmental or proprietary function, are considered public records under our state's Public Records Act, Ch. 42.56 RCW. Members of the Commission may be required to produce their personal notes taken at their meetings and/or emails that relate to the activities and deliberations of the Commission in response to a request for inspection and copying of public records (a public records request). To the extent those notes contain information that is purely personal or material that is exempt under the Public Records Act, portions of the documents may be redacted if they meet the requirements of the law. Public records are the property of the City and must be managed (preserved, stored, transferred, destroyed, etc.) according to the provisions of RCW 40.14. We suggest that Commissioners copy electronic and paper records not already in possession of the City back to City staff periodically or upon completion of their service. -End- See Attached Appendix City of Kent Independent Salary Commission P a g e 1 10 (Revised 02.07.2023) Packet Pg. 14 4.B.a Appendix 1. Ordinance No. 4454, adopted on 11/15/2022, establishing the Independent Salary Commission. 2. Ordinance No. 4457, adopted on 1/17/2023, revising the Kent City Code provisions concerning the Independent Salary Commission to clarify the positions requiring salary review by the Commission. 3. Chapter IV from the "Code City Handbook," published by the Municipal Research and Services Center in June 2009, which outlines the duties and responsibilities of the Mayor and the City Council in a Mayor -Council form of government, acting under a non -charter code city framework. 4. Resolution No. 2025, adopted by the City Council on 4/20/2021, which outlines the duties of the Council President at pages 2-3 of the bylaws. 5. RCW 35.21.015, which are the statutory provisions applicable to salary commissions established in accordance with a city ordinance. 6. Salary Schedule, adopted June 18, 2015, and incorporated into KCC 2.01.010 (City Council) and KCC 2.02.010 (Mayor), all of which are attached. City of Kent Independent Salary Commission (Revised 02.07.2023) Page 1 11 Packet Pg. 15 4.B.a Appendix Item #1 Ordinance No. 4454, adopted on 11/15/2022, establishing the Independent Salary Commission Packet Pg. 16 4.B.a ORDINANCE 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 2.55, 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 Packet Pg. 17 4.B.a 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 1. - Amendment. The following chapter, chapter 2.55, entitled "Independent Salary Commission," shall be added to the Kent City Code as follows: 11 II 2 Establish Independent Salary Commission Packet Pg. 18 4.B.a 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 prodding 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 Packet Pg. 19 4.B.a 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.O60(A). 4 Establish Independent Salary Commission Packet Pg. 20 4.B.a 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 Packet Pg. 21 4.B.a 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. C. 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. L 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 Packet Pg. 22 4.B.a Sec. 2.65.O5O. 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 Packet Pg. 23 4.B.a 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. 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. 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 Packet Pg. 24 4.B.a 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 Cit 's independent salaEy commission establishes a sala 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 r Establish Independent Salary Commission Packet Pg. 25 4.B.a 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 salaLy 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. - Severabilit . 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 Packet Pg. 26 4.B.a 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, MAYORN ATTEST: 46�" — 0 - ' �wi) KIMBERLEY A. O OTO, CITY CVKK 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 Packet Pg. 27 4.B.a S'I'XrE OF WASHINGIrTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC" NMICI+. Ruch Alcott, being first duly swort7 on oath that he is the Vice President of Advertising for Sound P'Lihlishing, which publishes the Dent Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the 1rIghsh language Continuously as a weekly newspaper in King County, Washington,'1'he Kent- CoVington Reporter has been approved as a Legal Newspaper by order of' the Superior Court of the State of Washington for King County. The notice in the exact fora} annexed was published in regular issues of the Kent- Covington Reporter (and not in supplement form) which was regularly distributed to its Subscribers during the below Stated period. The annexed notice, a: Public Notice #KEN966566 was published on November 18, 2022 The full aIll ount of the fee charged for said foregoing puhlication is the SUrn of $308.47 Rudi AIcott Vice President, Advertising Subscribed and sworn to me this 18`�' day of No�vernber, Z[?ZZ . Jcnnifcr'1'rib et%1'+Fc Lary I'ubliC fc}r the State of Washington, Residing in Orting, Washington /Y�ti��4n Pi IIff", Vs_ .� NM. #1 y0 Packet Pg. 28 Classified Proof 4.B.a CITY OF KEN NOTICE OF ORDINANCES PASSED BY THE CITY COUNCIL The rolic+uving are maries of Ordhance5 NIS!50(i h: ;hr. Kpill C:ly Coullrii or) N -Ve-l}1Ix•I 15.11022 ORDINANCE NO. 4445 - AN ORDINANCE of 11w City Cdunril pf 'he Cii'q of Kent. rAla t1lnr�In:+- ame+tidin4l tt:n. KN it Ce)jllr'+rf!hi:F4.1rDial and its Caprult Fum: !415 Element to rai.r•. t a MP ,vraf 171-pi fr+r r.al" m! 1111- provellielil 17n7;echl (2023.20281iCPA•2423 1) Tllis ordmanr:lz Shrill take.. effect an[! ha in force 30 ra•rs If'= t111c1 after its pas,419cu. as ;:ro. V:ded b., 4l.! ❑ROINQNCE NO, 4446 AN ORDINANCE ❑l 11w City Cnunri! ❑I the Cdp of Kent. Wr shi'101015- amerding the Keol Cwwrehansiv, P:,w and it$ Cal11tA F.u:dllles Elemuml la lnrk+cic Ihr Six -fear Garnal 1u1- r)rpVRn'I@Il; P1ai: rl lfl.r Puget Sour•d R•-191unal Fire Aulhorily tCPA•2022.2: TI�is ordi nanrx. will .311d he In Inrrp 30 liav:c frnnT ant: rfl:-r 115 p"S s,�cFn. ..., PmvldFd h, 43w- ORDINANCE NO. 4447 AN ORDINANCE nt rile CII:' COIIricil of the Cilv al Kent- IM"hing. ln•i- nmenchrig the K%wl Cpmq-ellL'rsv9 ? Phil and ils Callllal Fmjhlies Elmix-nl It; 1nglu1e thk' Capiml Fnhht';s PI3+15 nI the lialn[. Feces" Way. and Aullow Shcool t]islr::;ls (CPZ 2022-t1. This ordlrsancc .: ' Wkc (,flee.: e?nd I;e in fr5rrcL 30 ilroo Icd by .1Cnnifor Tribbett, 1 I I i 5/2022 09:50: l {} al-n Packet Pg. 29 Classified Proof 4.B.a dnys from arld MR, I I S pt,sage.- a4 piov;dtld by aw, ORDINANCE No. 4448 - AN ORDINANCE of the City Cn,rnul elf Iha City r)f KFlit. Wash+Irrg- ton. allkenaln� Stn"Wns 1^.13.160 alld i2.13.170 of the Ktnit City Code to i'djusl Ow 01ool implel lee c(:hl 1 i- ules tCp2-'_'02R•1I This ordino+lre sisall takr. ref - and !,e to forr;n 30 rf51yn from ana ahol its pa55ng8- n5 prn""doCd In• fay. ORDINANCE NO. 4449 AM ORDINANCE of ihF Crty al of thra Cite of 1{;. VV•)ahenrd Ion- Ari1[:r'. 11nr; $0611011S 318.Q^Q- 3 a 0 ' 0 ::rrrl 3.28. I30 of She Kerlli City Cade to rerSf•'he fnrlrl 171I6Cat1W$ frn I:,x rr:- iniv, rrjFmerol i! (I ftaill :Ile Cilv's tar rns :fats '62W. er, 'mid dralr¢15!a n!pill us. and to rFrnure 1in,Iln• Iibn% on he '1I;eCatiol+ of revenue tl^norptcd Irom the City:.1330 tlro551 cml!.ifs al:d S%Aalc fool- agc+ !a,.. This oidwaulce: �1,11t t k;• rryr.: .,e-i 1,r No forre 30 11.1:S brill, 7 nil allal C5 i,.lti•,:;,+:- 1es p«iwdPri IT; ORDINANCE NO. 4450 AN ORDINANCE rIf II,e City Courrcil of 1110 City of ICenl. Washing• Ion, "pog'02: proper- ty taxes for the hrsl vF?,nr Cif the 2023•2024 tyr n", ill bu[igel For the. City of Ken;. Tl%s ❑rdm inre Shall lake Affe-0 -,W d he in form: flee r1:r,t nrivr Ihe. dak! of r157 nutli C.Itran a7 fr- b. RCw 35A 4 1 030 I R(VII 35A t_. 130: hr-; •.,c:,. Iha prnnelh: t•1• is ••nr:a lhr'iHlryh 1he,, nr•lr,mi:r:o-; shall jror he• ru;s ti:_" tl• Gn1lrriinlr llrllr1 , i1:11K e ORDINANCE NO. 4451 - AN ORDINANCE r)t 11,r± Cdy Cat+nc.1 of Vie Cih bf d{F.lit-'Washin.,110;1, re lating [n I?uJ;: ,nr• fi mono .and ari7Mnp+!+nrl ther fins: 2023 'OL•f hrrali'�1:1t lwdgel, Tl,o r• d irsn!:e% shall 'aker eFfcrt and he in k7rr;p Janua;: t 2023. evhir,h rs more :h-19', fret: rin!•9. after tr. puhh^;,!rnn- ac provided h•- lard. ORDINANCE NO. 4452, AN ORDNANCE of the: City COWIL711 Of tfl: C!ty of Kent. Vl+:+ hire{)Inn, �irne»rdiag Chapter 3 70 of the Kent City Conn In afl[i A nel'7 j+'Chnl: 3.70.055 nr,lillrrE 'Prbrtlrr,.mL'n: oI CC•nlpost to ComS.I ;• `Milk a new state Itr:v requirintq ti--e City to p4m for We i15G' of rm R,r-n Sl Ill A,% prnjl=cts this oedlimme.. shall take. rel[Wd anfl Ixa in fare. 30 dn" foil„ nild bfler pawtinylr �,: provided I,;' I•,r,. ORDINANCE NO, 4454 AN ORDINANCE. ul N d r .y C 0 Q N d C R N N 0 C 0 .N to E E 0 U 0 N to 0 f1 L 7 a 4- 0 d m O to in M fn d 3 d V O L a C R N a� V 0 L d C 0 .N to E E 0 U lC U) C N E L V t4 a+ Q 11molcd by Jelin ifcr'I'llbhctt, I I/15/'2022 09:50:10 am P.,Ige 1 - Packet Pg. 30 Classified Proof 4.B.a Ill[t S:IIv 4U W1Crl C'I Inc CIl'v of KEtlI. I�it1.lSlli�- lali- to! !11 amtoA II Kent City Cfwli- Kr .tdd a neW chapter =.65. 0110- Iled-hiGepenaenl Salary Comm morl. 10 rxe"e, a co111i11i$ ion to rp•yievl. establish. SnO annua01 set. Incroas2. or de- crease the stilarla_: of the P+lavor and ncmher,^, of the City Ccunc:l!: and (2) amend Kent City Cone. serlenrls ^_ 01.010 and «=.020 lelaunq W the sF3lnries of Ihc+ bl'avor and members of the Cily Council In pinvidu 'al Sd?8ry WiQdt kl s r;clab- lished by Htl :no i3po 1- dLol Sa an_• Carnntis- susn. This afr-!ivarlGe shall WkC+ effcci DWI Lc in larch 30 da•rs from and aflet is ntissagn- tiff provided by to - A copy of the ::QMPI-?ie text of all 0rd11:aPce wall he ma+k:o W00 rclgM(1c! of the Cily Cietk- Kltnberim A. Kanloln- City Clerk 1SkQn!otu Kc:nly5lAynr. 253.85G-57w A66566 11!18.'2? Proofed by Jcnnifer Tribbett, f 1/15/2022 09:SO: 10 am Packet Pg. 31 4.B.a Appendix Item #2 Ordinance No. 4457, adopted on 1/17/2023, Revising the Kent City Code to clarify the positions requiring salary review by the Commission Packet Pg. 32 4.B.a ORDINANCE NO. 4457 AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 2.65.050 of the Kent City Code, related to the Independent Salary Commission and entitled "Responsibilities", to clarify that the Independent Salary Commission may elect to provide for a different salary for the council president, than that salary which is sets for counciimembers. RECITALS A. On November 15, 2022, the Kent City Council considered and passed Ordinance No. 4454, which established an Independent Salary Commission to review and set the salaries of the elected officials of the City of Kent, except for judges elected to the Kent Municipal Court. B. KCC 2.65.010(B) provides that the Independent Salary Commission may consider setting a salary for the Councilmember chosen to serve as Council President that is different in amount than that set for other Councilmembers, in consideration of the additional duties performed by the Council President. C. KCC 2.65.050(A), however, which sets out the responsibilities of the Independent Salary Commission, uses language that is not as clear as the purpose statement set forth in KCC 2.65.010(B) and could lead to 1 Amend KCC 2.65.050 - Re. Responsibilities of the independent Salary Commission Packet Pg. 33 4.B.a confusion. For that reason, this housekeeping ordinance revises KCC 2.65.050(A) to more clearly reflect the purpose statement adopted in KCC 2.65.010--that the Independent Salary Commission is vested with the authority to consider setting a salary for the Council President that is different in amount than that salary set for other Councilmembers, in consideration of the additional duties performed by the Council President. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION I. - Amendment - KCC 2.65.050. Section 2.65,050 of the Kent City Code, entitled "Responsibilities," is amended as follows: 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 the council resident and the mayor and those of comparable cities, as defined hereinabove, and to establish a salary for the mayor --ate k�t council members and the council president, as described hereinabove, by either increasing or decreasing the existing salaries for the city council, the council 12resident, 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; 2 Amend KCC 2,65.450 - Re: Responsibilities of the Independent Salary Commission Packet Pg. 34 4.B.a 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 counciImembers, 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. 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 3 Amend KCC 2.65,050 - Re. Responsibilities of the Independent Salary Commission Packet Pg. 35 4.B.a 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. SECTION 2. - Severabi�. 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. 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; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. January 17, 2023 DANA ��LPH, MAYO Date Approved M Amend KCC 2,65.050 - Re: Responsibilities of the Independent Salary Commission Packet Pg. 36 4.B.a ATTEST: 0 G January 17, 2023 'tdMOTO, CITY CLERK ❑ate Adapted January 20 2023 Date Published APPROVED AS TO FORM: CHRISTINA SCHUCK, DEPUTY CITY ATTORNEY 5 Amend KCC 2.65.050 - Re: Responsibilities of the Xndependent Salary Commission Packet Pg. 37 4.B.a Appendix Item #3 Chapter IV from the "Code City Handbook," published by the Municipal Research and Services Center in June 2009, which outlines the duties and responsibilities of the Mayor and the City Council Packet Pg. 38 4.B.a Chapter IV Officials and Employees of Mayor -Council Noncharter Code Cities 1. Elective Officials: Mayor and Councilmembers A. Eligibility to Hold Elected Office (RCW 35A.12.030) To hold office, a person must be a registered voter of the city at the time of filing his or her declaration of candidacy and must be a resident of the city for a period of at least one year prior to the election."' Residence and voting within the limits of any territory which has been included in, annexed to or consolidated with such city qualifies as city residency."' B. Elections, Terms of Office, and Council Positions 1. Elections (RCW 35A.12.040) Elections for officers under a mayor -council plan are held biennially and are conducted pursuant to Ch. 35A.29 RCW and general election law.12 2. Terms of Elected Offices (RCW 35A.12.040) The mayor and councilmembers, except at the city's first election, are elected for four- year terms and until their successors are elected and qualified. Councilmembers are elected to two- or four-year terms at the first election to effect staggered four-year terms thereafter. The first election for councilmembers in a city which has reorganized is governed by RCW 35A.02.050. "'The state supreme court in Lawrence v. Issaquah, 84 Wn.2d 146, 524 P.2d 1347 (1974), upheld the one- year residency requirement, finding that it promoted a legitimate state interest (allows the candidate an opportunity to observe the problems, needs, and desires of the people and permits voters an opportunity to observe the candidate and gain knowledge of his or her habits and character). The court ruled that the residency requirement neither denied equal protection nor violated First Amendment rights of political association and freedom of expression. "'RCW 35A.12.030. 12See discussion of municipal elections in a code city pursuant to Ch. 35A.29 RCW, set out in Ch. X of this handbook entitled, "Elections." Code City Handbook 35 Packet Pg. 39 3. Council Office (RCW 35A.12.040) 4.B.a Council positions are to be designated by consecutive numbers (position one, position two, etc.) and are dealt with as separate offices for election purposes. 4. Election and Assumption of Office (RCW 35A.12.040) Election to a position on a council is by majority vote from the city at large unless a ward system has been established by charter or ordinance. Both the mayor and the councilmembers "qualify" for their respective positions by taking an oath or affirmation of office as provided by charter or ordinance. The oath or affirmation is to be filed with the county auditor.113 C. Compensation (RCW 35A.12.070) 1. Generally The salaries of the mayor and councilmembers are fixed by ordinance, and may be revised by ordinance. However, any increase in the compensation attaching to an office may not apply to the term of the incumbent either after his or her election or during the term of office, if the incumbent is a member of the city council that voted to fix the compensation.114 This rule likewise applies to the mayor if the mayor casts a tie - breaking vote on the compensation -increasing ordinance. The prohibition does not apply to the mayor, however, if he or she did not cast a tie -breaking vote.115 Salaries of elected officials cannot be decreased after their elections or during their terms of office. 2. Compensation of Officers in a Newly -Reorganized City Operating Under the Mayor -Council Plan (RCW 35A.12.070) Until the first elective officers under a mayor -council plan are paid pursuant to a salary ordinance, they are entitled to be compensated in the same manner and in the same amount as the compensation paid to the officers of the city performing comparable services prior to the adoption of the mayor -council plan. 13RCW 35A.12.080. 14 There is one exception to the rule; if the city has established a salary commission, the salary of a councilmember can be increased mid-term, if the salary commission adopts an ordinance increasing the salary. See RCW 35.21.015. 15The limitations on compensation increases set out by RCW 35A.12.070 are consistent with the Washington Constitution, article 11, section 8, and article 30, section 1. Article 11, section 8 provides that a municipal officer's salary may not be increased, except as allowed by article 30, section 1, or diminished after the officer's election or during his or her term of office. Article 30, section 1 permits the compensation of an officer to be increased during the term of office if he or she does not fix the compensation. While the compensation paid to some officers who do not fix their own compensation level may be increased, nothing would appear to allow a decrease in compensation after election or during the term of office. Compensation can be increased immediately, if the city has a salary commission, and that commission has adopted an ordinance setting compensation. RCW 35.21.015. 36 Code City Handbook Packet Pg. 40 4.B.a 3. Compensation to be Paid to Officers in a Newly -Incorporated Code City (RCW 35A.12.070) Until a salary ordinance can be passed and becomes effective as to the officers in a newly incorporated code city, the officers are entitled to the following compensation: Salaries City Population Mayor Councilmember Less than 5,00 $150/month $20/meeting (not more than two meetings per month) More than 5,000 (less $350/month $150/month than 15,000) More than 15,000 $1,250/month $400/month The above salary levels are merely interim salaries and remain in effect only until a salary ordinance is passed and becomes effective. The amounts set out in the interim schedule are not to be construed as fixing the "usual" salary of the officers (a lower or higher salary could be established by ordinance). The mayor and councilmembers are to be reimbursed for the actual and necessary expenses incurred in the performance of the duties of their office or, as an alternative, the council by ordinance may provide for a per diem allowance.16 D. Vacancies'17 The office of mayor or councilmember becomes vacant if one of the following events occurs: 1. Failing to qualify for office; 2. Failing to enter upon the duties of the office at the date fixed by law without a justifiable reason; 3. With the exception of the office of mayor in a mayor -council code city, failing to attend three consecutive regular meetings without being excused by the council;' 18 4. Death;119 116RCW 42.24.090. "'RCW 35A.12.050, RCW 35A.12.060, and RCW 42.12.010. ""RCW 35A.12.060. 19RCW 42.12.010. Code City Handbook 37 Packet Pg. 41 4.B.a 5. Resignation (which is deemed to occur on the effective date of the resignation);120 6. Ceasing to be a legally registered voter of the City;121 7. Conviction of a felony;122 8. Conviction of any offense involving a violation of official oath;123 9. Refusal or neglect to take the oath of office, or to give or renew official bond, or deposit oath or bond within the time set by law;124 10. A decision by a competent tribunal that the election or appointment was void;125 11. A judgment is obtained against that incumbent for breach of the condition of his or her official bond.126 Vacancies are to be filled according to the provisions of RCW 42.12.070. That statute provides that where one position becomes vacant, the remaining councilmembers appoint a qualified person to fill the position. Where two or more council positions become vacant and two or more councilmembers remain in office, the remaining members appoint a qualified person to fill one of the vacant positions and then the remaining councilmembers and the newly appointed person appoint another qualified person to fill the other vacant position, and so on until each of the vacant positions is filled. In this manner, each of the new appointees participates in each appointment that is made after his or her appointment. If less than two members of the council remain in office, the county legislative authority of the county in which all or the largest geographic portion of the city is located appoints a qualified person or persons to the council until the council has two members. If the council fails to appoint a qualified person to fill a vacancy within 90 days of the occurrence of the vacancy, the council's authority to fill the vacancy ceases and the county in which all or the largest geographic portion of the city is located is to appoint a qualified person to fill the vacancy. If the county legislative body fails to appoint a qualified person within 180 days of the occurrence of the vacancy, the county legislative body and the remaining city councilmembers may petition the governor to appoint a qualified person to fill the vacancy. The governor may appoint a qualified person to fill the vacancy after being petitioned if 12olbid. 1211bid . 1221bid. 1231bid . 1241bid. 12slbid. 12slbid. 38 Code City Handbook Packet Pg. 42 4.B.a at the time the governor fills the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy."' Each person who is appointed to a vacancy serves until a qualified person is elected at the next general municipal election that occurs 28 or more days after the occurrence of the vacancy. Special filing periods are authorized as provided in RCW 29A.24.170 and .180, if needed. If more than two candidates file for the vacant office and time permits, a primary may be held. Otherwise, a primary is held and the person receiving the greatest number of votes is elected. The elected person takes office immediately and serves the remainder of the unexpired term. If, however, an election for the vacant position would otherwise have been held at this general election date, only one election to fill the position will be held and the person elected to fill the succeeding term takes office immediately when qualified as defined in RCW 29A.04.133 and serves both the remainder of the unexpired term and the succeeding term.128 E. Removal from Office by Recall Under the state constitution, every elected public officer, except a judge of a court of record, is subject to recall. Accordingly, officers of a code city are subject to recall. The recall procedure is set out in article 1, sections 33-34 of the state constitution and in RCW 29A.56.110-.270. F. Pro Tempore Appointments (RCW 35A.12.065) Biennially at the first meeting of a new council, or periodically, the councilmembers by majority vote may designate one of their members as the mayor pro tempore (pro tem) or deputy mayor to serve in the absence or temporary disability of the mayor. The "term" of the pro tem appointment is for such period as the council specifies. As an alternative, the council may appoint any qualified person to serve as a mayor pro tem to serve in the absence or temporary disability of the mayor, as the need may arise. In the event of an extended excused absence or disability of a councilmember, the remaining members by majority vote may appoint a councilmember pro tem to serve during the absence or disability. G. Councilmember May Serve as Volunteer Fire Fighter, Reserve Law Enforcement Officer, or Volunteer Ambulance Personnel (RCW 35A.11.110) The city council, by resolution adopted by a two-thirds vote of the full council, may authorize any of its members to serve as volunteer fire fighters, volunteer ambulance personnel, or reserve law enforcement officers, or two or more of such positions, and to receive the same compensation, insurance, and other benefits as are applicable to other volunteer fire fighters, volunteer ambulance personnel, or reserve law enforcement officers employed by the city. 127RCW 42.12.070(5). 12sRCW 42.12.070(6). Code City Handbook 39 Packet Pg. 43 4.B.a There is no similar provision made for the position of mayor, nor is there any authority for a councilmember to serve as an officer in a volunteer fire department. H. Incompatibility Elective officers of the city should not assume additional municipal duties that are incompatible with those of their elective office. One practical test of incompatibility is whether one position is subordinate to the other in some of its important and principal duties. Under common law, one person cannot be both master and servant or principal and subordinate.129 These principles and their application are illustrated in Knowing the Territory, Report No. 47 (2007), Municipal Research & Services Center. I. General Powers and Duties 1. Powers and Duties of the Mayor (RCW 35A.12.100) The mayor is the chief executive and administrative officer and ceremonial head of the city. The mayor is in charge of all departments and employees and has authority to designate assistants and department heads. The mayor, in addition: a. May appoint and remove a chief administrative officer or assistant administrative officer, if so provided by ordinance; b. Sees that all laws and ordinances are faithfully enforced and that law and order is maintained in the city; c. Approves or disapproves, personally or through a designee, all official bonds and contractor's bonds; d. See that all contracts and agreements made with the city or for its use and benefit are faithfully kept and performed; e. May cause legal proceedings as to contracts and agreements to be instituted and prosecuted in the name of the city, subject to approval by a majority vote of all members of the council; Presides over all meetings of the city council, when he or she is present, but only votes if there is a tie in the votes of the councilmembers with respect to matters other than the passage of any ordinance, grant, or revocation of a franchise or license, or any resolution for the payment of money; g. Reports to the council concerning "the affairs of the city and its financial and other needs" and make recommendations for council consideration and action; h. Prepares and submits a proposed budget to the council; 121See, generally, Kennett v. Levine, 50 Wn.2d 212, 310 P.2d 244 (1957); AGO 1971 No. 28; AGO 1978 No. 12; and RCW 35.12.030. 40 Code City Handbook Packet Pg. 44 4.B.a May veto ordinances passed by the council and submitted to him or her pursuant to RCW 35A.12.130. The mayor's veto may be overridden by a majority vote plus one of the council;130 and j. May call a special meeting of the city council by having written notice delivered to each member of the council at least 24 hours in advance of the time specified for the meeting.131 In addition, pursuant to RCW 35A.21.030, the mayor is to perform in the manner provided "all duties of his office which are imposed by state law on officers of every other class of city who occupy a like position and perform like functions." 2. Powers and Duties of the City Council The powers and duties of the city council include the following: a. Organize and regulate its internal affairs (within the provisions of Title 35A RCW); b. Define the functions, powers, and duties of the city's officers and employees; c. Fix the compensation and working conditions of the city's officers and employees, and establish and maintain a civil service or merit systems, or retirement and pension systems not in conflict with Title 35A RCW or with existing charter provisions. Any merit or civil service system for police officers and fire fighters must substantially accomplish the same purpose as provided by Ch. 41.08 RCW for fire fighters and Ch. 41.12 RCW for police officers. A pension or retirement system for fire fighters or police officers may not provide different pension and retirement benefits than those provided by general law for those classes; d. Adopt and enforce ordinances of all kinds relating to and regulating local or municipal affairs and appropriate to the good government of the city. The council may provide penalties for violations of ordinances including a fine not to exceed $5,000, or imprisonment not to exceed one year, or both. The punishment for any criminal ordinance must be the same as the punishment in state law for the same crime. Alternatively, the council may provide that the violation of an ordinance is a civil violation, subject to a monetary penalty, but no act which is a state crime may be made a civil violation;132 e. Exercise all of the powers possible for a city or town to have under the state constitution not denied by law, including but not limited to the acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment, or beautification of public ways, ""RCW 35A.12.100 and 35A.12.130. The veto power granted to a code city mayor is limited to that of ordinances only; the mayors are not given "item veto" power. The statutes granting the power are clear on their face and their terms are not subject to interpretation. 131RCW 35A.12.100 and 42.30.080. 132RCW 35.11.020. Code City Handbook 41 Packet Pg. 45 4.B.a real property of all kinds, water ways, structures, or any other improvement or use of real or personal property; f. Exercise powers in regard to all aspects of collective bargaining, as provided for and subject to the provisions of Ch. 41.56 RCW; g. Provide for the rendering of local social, cultural, recreational, educational, governmental, or corporate services including the operating and supplying of utilities and municipal services commonly or conveniently rendered by cities or towns; h. Levy taxes for local purposes except those expressly preempted by the state as provided in RCW 66.08.120, 82.36.440, 48.14.010, and 48.14.080; i. Exercise the powers of eminent domain, borrowing, taxation, and the granting of franchises, in the manner provided by Title 35A RCW or the general law of the state where not inconsistent with Title 35A RCW;133 j. Accept a gift or grant for any public purpose and carry out any conditions of the gift or grant not in conflict with state or federal law;134 k. Participate in the programs set forth in the Economic Opportunity Act of 1964 (Public Law 88-452; 78 Stat. 508), as amended;135 Expend moneys and conduct promotion of resources and facilities in the city, or general area, by advertising, publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion;136 m. Supervise and control streets over tidelands or upon or across tide and shore lands of the first class within the city's corporate limits as provided in RCW 35.21.230, 35.21.240, and 35.21.250. The council exercises jurisdiction over adjacent waters as provided in RCW 35.21.160;137 n. Perform, in the manner provided, all the duties of the office which are imposed by state law on officers of every other class of city who occupy a like position and perform a like function, except as otherwise provided by Title 35A RCW;138 133RCW 35A.11.030. 134RCW 35A.11.040. 135RCW 35A.11.060. 136RCW 35A.11.070 and RCW 35.21.700. 137RCW 35A.21.090. 13sRCW 35A.21.030. 42 Code City Handbook Packet Pg. 46 4.B.a o. Construct, condemn and purchase, purchase, acquire, add to, alter, maintain and operates waterworks, within or without its limits. Such waterworks may include facilities for the generation of electricity as a by-product;139 p. Engage in economic development programs and/or contracts with nonprofit corporations in furtherance of economic development;140 q. Own or operate, individually or collectively with other cities or counties, a professional sports franchise, if the owners of the franchise announce their intention to sell or move the franchise.141 II. Appointive Officials A. Appointment of Officers 1. Mandatory Appointments (RCW 35A.12.020) While other appointments can be required by ordinance, only two are required by the Optional Municipal Code: the city clerk and chief law enforcement officer. The position of city clerk may be merged with that of city treasurer, if that position exists. These appointments are to be made by the mayor, subject to confirmation by the city council, if confirmation has been required by ordinance.14'Confirmation of a mayoral appointment by the city council may be required by the council in any instance where the qualifications for the office or position have not been established by ordinance.143 2. Other Officials and Employees Additional official and employee positions maybe created by ordinance. Once created, appointments to such positions are to be made by the mayor, subject to confirmation by the city council, if confirmation has been required by ordinance. A confirmation may be required in any instance where the qualifications for the office or position have not been established by ordinance. Provision must also be made for obtaining legal counsel for the city, either by appointment of a city attorney on a full-time or part-time basis, or by any reasonable contractual arrangement for such professional services.144 139RCW 35.92.010. 140RCW 35.21.703. 141RCW 35.21.695. 142RCW 35A.12.090. 1431bid. 144 RCW 35A.12.030; see also AGO 1997 No. 7. Code City Handbook 43 Packet Pg. 47 4.B.a The head of a department or office of the city government may be authorized by the mayor to appoint and remove subordinates in such department or office, subject to any applicable civil service provisions. B. Authority, Duties and Qualifications The authority, duties, and qualifications of an appointive position are those which have been established by ordinance.145 Appointments are to be made, however, "on the basis of ability and training or experience of the appointees in the duties they are to perform," as may be prescribed by ordinance and in compliance with the provisions of any merit system applicable to the City.146 C. Compensation The compensation of an appointed official is to be set by ordinance.141 D. Oath and Bond of Officers (RCW 35A.12.080) Before entering upon the performance of his or her duties, any officer may be required to take an oath or affirmation for the faithful performance of the duties of the office as may be prescribed by ordinance. The oath or affirmation is filed with the county auditor. The city's clerk, treasurer, if any, police chief and other officers or employees as designated by ordinance, are required to annually furnish an official bond conditioned on the honest and faithful performance of official duties. The terms and penalties of the official bonds, as well as the surety for the bond, are to be prescribed by ordinance. The bonds are to be approved by the chief administrative officer of the city (the mayor) with their premiums paid by the city. RCW 35A.12.080. E. Removal of Officers (RCW 35A.12.090) The mayor has the power to remove any appointive official or employee, subject to any applicable law, rule, or regulation relating to civil service. A municipal judge may only be removed upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering him or her incapable of performing the duties of the office.148 145RCW 35A.12.020; see also, RCW 35A.11.020. 145RCW 35A.12.090. 147RCW 35A.12.020, 35A.11.020, and 3.50.080 (municipal court judge). 14sRCW 3.50.095. 44 Code City Handbook Packet Pg. 48 4.B.a Appendix Item #4 Resolution No. 2025, adopted by the City Council on 4/20/2021, which outlines the duties of the Council President at pages 2-3 of the bylaws Packet Pg. 49 4.B.a RESOLUTION NO. 2025 A RESOLUTION of the City Council of the City of Kent, Washington, repealing Resolution No. 1994 and enacting a new resolution relating to the bylaws, rules and procedures for the city council, council meetings, and council committee meetings. A. By Resolution No. 1562, the Kent City Council established its original rules and procedures for the city council, council meetings, and meetings of council committees. B. From time to time, the council rules and procedures are reviewed and amended. The council rules and procedures were last amended on September 17, 2019, by Resolution No. 1994, which eliminated multiple committees and created the committee of the whole. C. This resolution updates and revises the Kent City Council rules and procedures by eliminating the committee of the whole and reverting back to individual committees. D. This matter was discussed by the council at the council workshop in 2021, and considered by the council at the committee of the whole meetings of March 23, 2021, and April 13, 2021. 1 City Council Bylaws Packet Pg. 50 4.B.a NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. - Resolution No. 1994 Re ealed. Resolution No. 1994, relating to the rules and procedures for the city council, council meetings, and council committee meetings is hereby repealed in its entirety. SFCTIOIV 2. - New Rules and Procedures Ado ted. New Kent City Council Bylaws, Rules and Procedures, attached as Exhibit A and incorporated by this reference, are hereby adopted, and shall govern the city council and all meetings of the city council and its committees. SECTION . - 5avinc�s, If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 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 resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. 2 City Council Bylaws Packet Pg. 51 4.B.a SECTION. - Effective Date. With the exception of Section 4.3 of Exhibit A to this resolution which shall take effect immediately, this resolution shall take effect and be in force starting on August 30, 2021. 1 Aril 202021 DANA RALPH, MAYOR Date Approved ATTEST: A ri 12.0 2021 KIMBERLEY . KOMOTO, CITY CLERK Date Adopted AZR"PAiS�'--TFFITZP-ATRICK, O FORM: --- ��Z/L 6M ATTORNEY 3 City Council Bylaws Packet Pg. 52 4.B.a EXHIBIT A City Council Bylaws Packet Pg. 53 4.B.a (CENT CITY COUNCIL BYLAWS, RULES AND PROCEDURES Article I - PURPOSE Section 1.1 Pur ose - Suspension of Rules. The following rules and procedures are hereby adopted and shall constitute the council's bylaws and shall govern the city council and all meetings of the city council and its committees unless suspended by the city council. Failure to fully conform to these rules and procedures will not render any action by the city council or any of its committees invalid nor shall these rules and procedures be deemed to provide any citizen rights that he or she does not already have by operation of law. Article II - COUNCIL PRESIDENT - MAYOR PRO TEMPORE Section 2.1 Election - Term. The city council shall elect from its members a president of the council during the month of January in the even numbered years or as soon thereafter as possible. The council president shall serve a two-year term. In the event the term of the council president becomes vacant prior to the scheduled end of the term, a new council president shall be selected by the council who shall serve the remaining term of the vacated position. Section 2.2 Mayor Pro Tennpore. The council president shall serve as mayor pro tempore and shall preside at all meetings of the council when the mayor is not present. Although presiding as mayor pro tempore, the council president shall retain all powers and rights inherent to a councilmember and to the council president, including, without limitation, voting powers. The mayor pro tempore shall act as mayor and assume the authority and perform the mayor's duties whenever there is a vacancy in the Office of the Mayor or the mayor is unable for any reason to discharge his or her duties. The assumed duties shall include, but not be limited to, acting as signatory to documents requiring execution by the mayor, issuing proclamations and declarations, and extending official recognition of groups and events. 1 City Council Bylaws Packet Pg. 54 4.B.a Section 2.3 President Pro Ternporg. The council president may appoint a president pro tempore to discharge the duties of the council president when the council president is unable to discharge his or her duties. If the president pro tempore has not been appointed or is otherwise absent or unavailable, the longest serving councilmember, either by consecutive or non-consecutive terms, shall be deemed the acting president pro tempore. If two or more councilmembers qualify to be president pro tempore, then the City Clerk or her or his designee shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible councilmembers, and the councilmember whose name is selected shall fill the vacant president pro tempore position. Section 2.4 Du ies and Resl2onsibilKies. The council president shall perform the following duties and responsibilities: 1. Administer the council budget, including oversight and approval of expenditures; 2. set the council's agenda in accordance with these rules, in coordination with the chief administrative officer and city clerk's office; 3. Refer proposed ordinances and resolutions to council committee; 4. Call for a workshop or a meeting of the council as needed, or request a special or emergency meeting; 5. In cooperation with the mayor, ensure adequate council facilities, equipment and support, with council consent; 6. Direct correspondence on behalf of the council as appropriate, with consent of council; 7. Act as council liaison to the mayor's office on policy issue consideration, including elements of timing; 8. Appoint the membership of ad hoc committees or boards and the ad hoc committee or board chairs; 9. Substitute for an absent councilmember or designate another 2 City Council Bylaws Packet Pg. 55 4.B.a councilmember to substitute on any of the council's committees or boards; 10. Coordinate and schedule annual retreats or other meetings for review and update of council visions and goals for the city or to address other council matters; 11. Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the council's views, or in the alternative, designate other councilmembers to represent the city and the council on specific regional issues or meetings; 12. Serve as a council focal point for council, mayor, and staff; and 13. Discern councilmembers' areas of interest and/or expertise. Article III — COUNCIL MEETINGS Section 3.1 Regular Meetings. The council's regular meetings will occur at the time, date and place established in Chapter 2.01 of the Kent City Code. Section 3.2 Special and Emergency Meetings. Special meetings shall be held as provided by law. If, by reason of fire, flood, earthquake or other emergency there is a need for expedited action of the council to meet the needs imposed by the emergency, the mayor or council president may provide for a meeting site other than the regular meeting site and the meeting notice requirements established by law or in this resolution may be suspended. Section 3.3 Presiding officer at Meetings. The mayor shall be the presiding officer for all meetings of the council. If the mayor is not present, the council president shall be the presiding officer. In the absence of the mayor and council president, the president pro tempore shall be the presiding officer. 3 City Council Bylaws Packet Pg. 56 4.B.a Section 3.4 Forfeiture of Office. Pursuant to RCW 35A.12.060, a councilmember's position shall become vacant if he or she fails to attend three consecutive regular meetings of the council without being excused by the council. Section 3.5 Quorum. At all meetings of the council, a majority of the full council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. Section 3.6 Remote Attendance of Co nciimembers -- Rempte Meetin s. Subject to the below requirements, a councilmember may attend a council meeting remotely. A councilmember's remote attendance is permitted for the benefit of conducting City of Kent business and not for the personal benefit of a councilmember. 1. Remote Attendance at Regular and Special Meetings. A. Councilmembers may attend remotely a maximum of three council meetings per calendar year; provided, the council may by majority vote allow a councilmember to attend additional meetings remotely in excess of three per year due to medical or other factors beyond the control of the councilmember. B. Councilmembers who wish to attend a meeting remotely shall notify the council president and the city clerk at least three business days in advance of their intent to attend remotely. C. A councilmember's remote attendance shall be verbally noted on the record during the council meeting and in the official minutes of the council meeting. D. No more than two councilmembers may remotely attend the same council meeting; provided a councilmember not attending due to medical issues will not count as one of the two councilmembers described in this section. The availability of attending a particular 4 City Council Bylaws Packet Pg. 57 4.B.a council meeting remotely shall be on a first come first served basis. E. A councilmember attending remotely shall have all of the official council materials available during the meeting, shall be able to view the council meeting by video in real time, shall be able to be viewed by others during the meeting in real time, and shall be able to communicate with the public and other councilmembers during the meeting as if physically in attendance at the meeting. A councilmember who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. F. It shall be the responsibility of the remotely -attending councilmember t❑ ensure compliance with this section. If during the meeting, the requirements of this section are not met or are terminated due t❑ technical reasons, ❑r the councilmember fails to attend the meeting remotely, the councilmember will be deemed to have not attended the meeting. 2. Remote Meetings and Attendance During Declared Emergencies. In the event of an emergency as declared by the President of the United States, the Governor ❑f Washington, the mayor, or another authorized official, and a determination that an in -person meeting cannot be held with reasonable safety due to the emergency, the council may hold a remote meeting without a physical location, ❑r may limit the physical attendance of some or all members of the public at a meeting. A meeting held in accordance with this subsection shall comply with the ❑pen Public Meetings Act as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. 5 City Council Bylaws Packet Pg. 58 4.B.a Section 3.7 Majority Vote. Action by the city council requires the affirmative vote of a majority of members attending a meeting, except where otherwise required by law. Section 3.8 Exec time Sessions. The city council may hold executive sessions during a regular or special meeting to consider matters as permitted pursuant to applicable law. No official action shall be taken during an executive session. No member of the city council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion which took place during the executive session, unless a majority of the council authorizes that disclosure. Executive sessions, to the extent permitted by law, shall be limited to members of the city council, the mayor and staff, and other persons that the city council invites, Section 3.9 A_,.gendas. Only items that have been previously considered by council committee shall be put on the agenda for a council meeting, unless approved by the council president or a majority of the council. Unless altered by the council president or by a majority of the councilmembers present, the order of business of all regular meetings of the council shall be as follows: 1. Call to Order/Flag Salute 2. Roll Call 3. Agenda Approval 4. Public Communications 5. Reports from Council and Staff 5. Public Hearings 7. Public Comments 8. Consent Calendar 9. Other Business 10. Bids 11. Executive Session and Action After Executive Session 12. Adjournment 5 City Council Bylaws Packet Pg. 59 4.B.a Section 3.10 Public Commence. No person shall address the council without the permission of the presiding officer. Except as otherwise permitted by the presiding officer, the "public hearing" and "public comment" agenda items are reserved for members of the public to make a statement. When addressing the council, each person shall proceed to the speaker's podium unless otherwise directed by the presiding officer, and state his or her name and city of residence for the record; provided, the presiding officer may waive the requirement that the person's city of residence be provided in individual cases. If comment is offered under the public comment period, the speaker will also state the subject of his or her comment. Remarks will be limited to the time allocated by the presiding officer for each speaker. All remarks shall be pertinent to the stated subject matter and shall be addressed to the presiding officer and the council as a whole and not to any member individually. The public comment period is intended to allow persons to speak on issues of concern to that person that relate to the business of the city, but it is not an open public forum, and is subject to restrictions imposed in this resolution, by law, or by the city council. Generally, questions asked of a councilmember or city staff member will be answered outside of the meeting unless permission to answer the question is provided by the presiding officer. The council may accept written comments or testimony in lieu of addressing the council in -person during a public hearing or public comment. Written comments or testimony will be distributed to each councilmember, but will not be read into the record at the meeting. In order to be admitted into the record, written comments or testimony shall be submitted no less than three hours prior to the start of the meeting for which they are intended, unless a person appears in - person, in which case, they may be admitted into the record at the meeting. Upon the request of an individual who, by reason of disability, limited mobility, or other reason that makes physical attendance at the meeting difficult, the council will permit a person to provide oral comment or testimony remotely during a public hearing or public comment at a regular council meeting. The remote 7 City Council Bylaws Packet Pg. 60 4.B.a attendance may be by phone, internet, or other means as determined by the city clerk. Section 3.11 Public Demeanor. No one shall use any impertinent, degrading or slanderous language directed to the presiding officer, councilmembers, mayor, staff or other member of the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior includes, for example, addressing matters restricted from public comment, repeated shouting and angry outbursts, cursing, or direct or implied threats of violence. After receiving verbal notice from the presiding officer to cease engaging in the above described behaviors, and in the event the person does not stop, the presiding officer may order the person removed from the meeting. Pursuant to RCW 42.30.050, in the event a meeting is interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of the individuals who are interrupting the meeting, the council may, by majority vote, order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the council. If the meeting room is cleared, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Section 3.12 Added Agenda Items. At a regular meeting, a member of the council or the mayor may ask that an item be considered by the city council, even if it is not identified on the formal agenda, by raising the issue when agenda approval is being considered. That item shall then be considered with the approval of the council. No items may be added to the agenda of a special meeting after notice of the special meeting is issued. g City Council Bylaws Packet Pg. 61 4.B.a Section 3.13 Maygr Participation. The mayor may address the council on any matter or participate in the debate of any question, provided the mayor shall first call upon the council president or any other councilmember designated by the council president to take the chair during the mayor's participation. Section 3.14 Councilmember C nduct. While the council is in session, whether at a council or council committee meeting, all its members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the presiding officer. The members of the city council may, by a vote of a majority plus one of the membership of the council in attendance at the meeting, reprimand a councilmember for disorderly conduct. Section 3.15 Voting. Discussion by council members shall relate to the subject matter at hand and shall be relevant and pertinent. Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the council, shall cast his or her vote upon any matter put to vote by the legislative body. Any councilmember who abstains from voting shall be deemed to have not voted on that item. At the request of the presiding officer or of any member, any question shall be noted upon by a roll call and the individual voting results shall be recorded by the city clerk in the minutes. Section 3.16 Summoned to Meetings. Every city official or employee who shall fail to report to the council at times and in a manner requested by the council, shall be summoned in accordance with the direction of the council. Section 3.17 Ordinances Resolutions and Con -tracts — Presentation. Unless otherwise approved by the council president, no ordinance, resolution, contract document or other matter shall be presented to the council unless 9 City Council Bylaws Packet Pg. 62 4.B.a ordered by a majority of the council, referred by a council committee, requested by the mayor, or submitted by the city attorney. Whenever practical, ordinances, resolutions, contract documents and other matters shall be approved as to form by the city attorney and shall be examined and approved by the department head or his or her duly authorized representative having jurisdiction over the subject matter of the ordinance, resolution, contract document, or other matter. Matters approved by the council at a regular or special meeting of the council shall be deemed ratified notwithstanding a failure to comply with this section. Section 3.18 Parliamentary Rule . The city attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the councilmembers present. Robert's Rules of Order shall govern the deliberations of the council except when in conflict with any provision of these rules. A council vote or other action taken which is not in compliance with Robert's Rules of Order or these procedures and to which no objection is taken shall be deemed action taken following a suspension of the parliamentary rules and these rules even if no formal suspension of the rules occurs first. Section 3.19 Suspending he Rules. When the suspension of the rules is requested, and no objection is offered, the presiding officer shall announce that the rules are suspended, and the council may proceed accordingly. When there is an objection to suspending the rules, a vote of majority plus one of the members present shall be required to suspend the rules. Section 3.20 SupRorting or ORposing a Ballot Measure or Person for Election to Public Office. Except as permitted by law, council meetings shall not be used for the purpose of supporting or opposing a ballot measure or supporting or opposing the election of any person to public office. 10 City Council Bylaws Packet Pg. 63 4.B.a Article IV — COUNCIL COMMITTEES Section 4.1 Committees Estpblishcd. The council establishes the following four standing committees to address matters within the authority of the council. In the event a matter falls under the authority of more than one committee, the council president will determine which committee will consider the matter. 1. operations and Public Safety Committee. The operations and public safety committee, which will be made up of all councilmembers, will regularly meet two times per month. This committee will consider matters related to the general fiscal and financial conditions and operations of a city-wide nature, personnel, public safety, communication, technology, equity and other matters not within the jurisdiction of another committee. The council president shall serve as the chair of this committee. 2. Economic and Community Develo ment Committee. The economic and community development committee, which shall be made up of three councilmembers, will regularly meet one time per month. This committee will consider matters related to land use and planning, economic development, construction regulations, growth management, and other related matters. 3. Parks and Human Services Committee. The parks and human services committee, which shall be made up of three councilmembers, will regularly meet one time per month. This committee will consider matters related to parks and recreation, city facilities, human services, and other related matters. 4. Public Works Committee. The public works committee, which shall be made up ❑f three councilmembers, will regularly meet two times per month. This committee will consider matters related to planning, 11 City Council Bylaws Packet Pg. 64 4.B.a design, construction, improvement, extension, maintenance and operation of transportation and street systems, transit, water systems, sewer systems, storm water systems, solid waste and other utilities, as well as franchises and other related matters. Section 4.2 Matters Heard in Committee Before Council — Excgl2tionN. All matters for council consideration shall first be considered by the appropriate council committee; provided, in special, exceptional or emergency circumstances, a matter may be considered by another committee, or with approval of the council president, at a council meeting without first going to a committee and in such case will appear on the other business agenda item of the council meeting. Upon agreement by the council, a matter that is presented at a workshop need not go to committee prior to being heard by the full council. A council committee shall consider all matters referred to it whether within or outside of a specific committee's authority. Section 4.3 Committee Al2pointments - Removal. With the exception of the operations and Public Safety Committee, the council president shall, within eight weeks of the passage of this resolution, and thereafter following appointment as council president in January of even number years in accordance with Section 2.1, appoint committee members and committee chairs to each committee for approximately two-year terms. The council president shall have the right to remove committee members and committee chairs and to reappoint new councilmembers to fill those positions. The council president may appoint to a committee a new councilmember who is appointed or elected to fill a vacant council position. Section 4.4 Times and Locations for Committee Meetings. The times and locations for the first meeting of each committee shall be established at a meeting of the council. Thereafter, the times and locations for regular meetings of the 12 City Council Bylaws Packet Pg. 65 4.B.a committee shall be established by the committee chair in consultation with committee members and assigned staff during a committee meeting. Committee meeting dates, times, and locations shall be posted on the City's website. Meetings of the committees may be cancelled, or special meetings scheduled, by the committee chair and in accordance with notice requirements. Section 4.5 Committee Agendas. In consultation with city staff, committee agendas shall be established at the direction of or by approval of the committee chair; provided, two or more council members or the council president may place items on a committee agenda or refer matters to committee. Section 4.6 Council Con ideration After Committee. Matters considered by a committee and unanimously approved for council consideration by the committee members in attendance at the meeting shall be placed on the council meeting consent calendar unless otherwise directed by a majority of the members of the committee in attendance at the meeting. Matters approved by less than all committee members in attendance at the meeting shall be placed on other business at the council meeting unless the committee members in attendance direct the matter be placed on the consent calendar. In the event a matter is not advanced by a committee to the full council for consideration, the council may vote at a council meeting to consider the matter. Section 4.7 Quarum. No committee shall act in the absence of a quorum. At the request of the committee chair or the council president, any other councilmember may sit on any committee when necessary to establish a quorum or to fill a vacancy. At any committee of three councilmembers, additional councilmembers may observe the committee meeting, but shall not be permitted to participate at the committee meeting or speak in their capacity as a councilmember. 13 City Council Bylaws Packet Pg. 66 4.B.a Section 4.8 Executive Session. Executive sessions may be held at committee meetings in accordance with RCW 42.30.110. Section 4.9 Special Meetings. Special meetings of council committees may be called by the committee chair in accordance with Chapter 42.30 RCW. Section 4.10 Remote Attendance of Committee Members — Remote Meetings. Subject to the below requirements, a committee member may attend a committee meeting remotely. A committee member's remote attendance is permitted for the benefit of conducting City of Kent business and not for the personal benefit of the committee member. 1. Remote Attendance at Regular and Special Committee Meetings. A. Committee members may attend remotely a maximum of three committee meetings per calendar year; provided, the committee may by majority vote allow a committee member to attend additional meetings remotely in excess of three per year due to medical or other factors beyond the control of the committee member. B. Committee members who wish to attend a meeting remotely shall notify the committee chair and the city clerk at least three business days in advance of their intent to attend remotely. C. A committee member's remote attendance shall be verbally noted on the record during the meeting and in the official minutes of the meeting. D. No more than two councilmembers may remotely attend ❑perations and Public Safety Committee meetings; provided a councilmember not attending the Operations and Public Safety Committee meeting due to medical issues will not count as one of the tw❑ councilmembers described in this section. No more than one 14 City Council Bylaws Packet Pg. 67 4.B.a committee member may remotely attend other committee meetings. E. In the event the committee chair will attend a committee meeting remotely, the committee chair shall designate a committee member who will attend the meeting in -person to serve as committee chair for that meeting. F. A committee member attending remotely shall have all of the official committee materials available during the meeting, shall be able to view the committee meeting by video in real time, shall be able to be viewed by others during the meeting in real time, and shall be able to communicate with the public and other committee members during the meeting as if physically in attendance at the meeting. A committee member who ❑nly observes the meeting remotely without complying with the above requirements will not be deemed in attendance. G. It shall be the responsibility of the remotely -attending committee member to ensure compliance with this section. If during the meeting, the requirements ❑f this section are not met or are terminated due to technical reasons, or the committee member fails to attend the meeting remotely, the committee member will be deemed to have not attended the meeting. Z. Remote Meetincis and Attendance Du ing Declared Emer encies. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in -person meeting cannot be held with reasonable safety due to the emergency, a committee may hold a remote meeting without a physical location, ❑r may limit the physical attendance of some or all members of the public at a meeting. A meeting held in accordance with this subsection shall comply with the Open Public Meetings Act as now 15 City Council Bylaws Packet Pg. 68 4.B.a enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. Section 4.11 Other Rules Applicable. Sections 3.11 Public Demeanor, 3.14 Councilmember Conduct, 3.18 Parliamentary Rules, 3.19 Suspending the Rules, and 3.20 Supporting or Opposing Ballot Measure or Person for Election to Public Office shall apply to council workshops. Article V —COUNCIL WORKSHOPS Section 5.1 Council Worksho s — Purpose — Agenda — Time for Meetin s. Council workshop meetings constitute regular meetings of a committee of the council, the membership of which shall consist of the full membership of the council; provided, the mayor shall be permitted to attend and participate in workshops. Workshops are held to consider pending local and regional issues, and receive information from staff and regional partners on issues that impact the city. The council president, in consultation with the chief administrative officer, shall refer matters to and set the agenda of the workshops; provided, the council or two or more councilmembers shall be permitted to refer a matter to the workshops. The council will hold workshops at 5 pm on each regular council meeting day, except when a regular or special council meeting occurs at or before 5:30 pm. Section 5.2 Quorum. At all council workshops, a majority of the full council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. Section 5.3 Chair — Presiding Officer. The council president shall serve as the chair and presiding officer of council workshops. 16 City Council Bylaws Packet Pg. 69 4.B.a Section 5.4 Ex iv Session. Executive sessions may be held at council workshop in accordance with RCW 42.30.110. Section 5.5 Special Meeting. Special meetings of council workshops may be called by the council president in accordance with Chapter 42.30 RCW. In addition, a council workshop may be converted to a special meeting of the full council at which final action may be taken subject to the special meeting requirements of Chapter 42.30 RCW. Section 5.6 Remote Attendance of Councilmembers — Remote Meetin s. Subject to the below requirements, a councilmember may attend a council workshop remotely. A councilmember's remote attendance is permitted for the benefit of conducting City of Kent business and not for the personal benefit of a councilmember. 1. Remote Attendance at Regular and Special Workshop Meetin s. A. Councilmembers may attend remotely a maximum of three council workshops per calendar year; provided, the council may by majority vote allow a councilmember to attend additional meetings remotely in excess of three per year due to medical or other factors beyond the control of the councilmember. B. Councilmembers who wish to attend a meeting remotely shall notify the council president and the city clerk at least three business days in advance of their intent to attend remotely. C. A councilmember's remote attendance shall be verbally noted on the record during the council workshop and in the official minutes of the council workshop. D. No more than two councilmembers may remotely attend the same council workshop; provided a councilmember not attending due to medical issues will not count as one of the two 17 City Council Bylaws Packet Pg. 70 4.B.a councilmembers described in this section. The availability of attending a particular council workshop remotely shall be on a first come first served basis. E. A councilmember attending remotely shall have all of the official council materials available during the meeting, shall be able to view the council meeting by video in real time, shall be able to be viewed by others during the meeting in real time, and shall be able to communicate with the public and other councilmembers during the meeting as if physically in attendance at the meeting. A councilmember who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. F. It shall be the responsibility of the remotely -attending councilmember to ensure compliance with this section. If during the meeting, the requirements of this section are not met or are terminated due to technical reasons, or the councilmember fails to attend the meeting remotely, the councilmember will be deemed to have not attended the meeting. 2. Remote Meetings and Attendance During Declared Emergencies. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in -person meeting cannot be held with reasonable safety due to the emergency, the council may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of the public at a meeting. A meeting held in accordance with this subsection shall comply with the Open Public Meetings Act as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. 18 City Council Bylaws Packet Pg. 71 4.B.a Section 5.7 Othgr Rules Applicabil . Sections 3.11 Public Demeanor, 3.14 Councilmember Conduct, 3.18 Parliamentary Rules, 3.19 Suspending the Rules, and 3.20 Supporting or Opposing Ballot Measure or Person for Election to Public Office shall apply to council workshops. 19 City Council Bylaws Packet Pg. 72 4.B.a Appendix Item #5 RCW 35.21.015, which are the statutory provisions applicable to salary commissions established in accordance with a city ordinance Packet Pg. 73 4.B.a PDF RCW 35.21.015 Salary commissions. (1) Salaries for elected officials of towns and cities may be set by salary commissions established in accordance with city charter or by ordinance and in conformity with this section. (2) The members of such commissions shall be appointed in accordance with the provisions of a city charter, or as specified in this subsection: (a) Shall be appointed by the mayor with approval of the city council; (b) May not be appointed to more than two terms; (c) May only be removed during their terms of office for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence; and (d) May not include any officer, official, or employee of the city or town or any of their immediate family members. "Immediate family member" as used in this subsection 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. (3) Any change in salary shall be filed by the commission with the city clerk and shall become effective and incorporated into the city or town budget without further action of the city council or salary commission. (4) Salary increases established by the commission shall be effective as to all city or town elected officials, regardless of their terms of office. (5) Salary decreases established by the commission shall become effective as to incumbent city or town elected officials at the commencement of their next subsequent terms of office. (6) Salary increases and decreases shall be subject to referendum petition by the people of the town or city in the same manner as a city ordinance upon filing of such petition with the city clerk within thirty days after filing of the salary schedule. 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. (7) Referendum measures under this section shall be submitted to the voters of the city or town at the next following general or municipal election occurring thirty days or more after the petition is filed, and shall be otherwise governed by the provisions of the state Constitution, or city charter, or laws generally applicable to referendum measures. (8) The action fixing the salary by a commission established in conformity with this section shall supersede any other provision of state statute or city or town ordinance related to municipal budgets or to the fixing of salaries. (9) Salaries for mayors and councilmembers established under an ordinance or charter provision in existence on July 22, 2001, that substantially complies with this section shall remain in effect unless and until changed in accordance with such charter provision or ordinance. [2001 c73§4.] NOTES: Findings—Intent-2001 c 73: "The legislature hereby finds and declares that: (1) Article XXX, section 1 of the state Constitution permits midterm salary increases for municipal officers who do not fix their own compensation; (2) The Washington citizens' commission on salaries for elected officials established pursuant to Article XXVIII, section 1 of the state Constitution with voter approval has assured that the compensation for state and county elected officials will be fair and certain, while minimizing the dangers of midterm salary increases being used to influence those officers in the performance of their duties; Packet Pg. 74 4.B.a (3) The same public benefits of independent salary commissions should be extended to the setting of compensation of municipal elected officers; and (4) This act is intended to clarify the intent of the legislature that existing state law authorizes: (a) The establishment of independent salary commissions to set the salaries of city or town elected officials, county commissioners, and county councilmembers; and a (b) The authority of the voters of such cities, towns, and counties to review commission decisions to increase or decrease such salaries by means of referendum." [ 2001 c 73 § 1.1 Severability-2001 c 73: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2001 c 73 § 6.] Packet Pg. 75 4.B.a Appendix Item #6 Salary Schedule, adopted June 18, 2015, and incorporated into KCC 2.01.010 (City Council) and KCC 2.02.010 (Mayor), all of which are attached Packet Pg. 76 4.B.a N m CITY OF KENT INDEPENDENT SALARY COMMISI N N 015 S LARYSCHEDULE m. OF'ELECTED OFFICIALS c. a� 0 In accordance with Ordinance No. 4142, the following salary schedule for the o mayor, the city council president, and the counclimembers of the city of Kent has N been established by the salary commisslon and is being submitted to the city cleric, E The city cleric shall publish the complete schedule two times, each publication at 0 feast: one wee[( apart. The second publication will be the official filing date, andtheo k schedule will become effective thirty days after the filing date unless a referendum y Is filed, 0 a L MAYOR a ,- Monthly Salary $11,500 Effective as of the filing date 0 � A cost of living adjustment (COLA) equal to 2,5% of the annual wages Is to be applied to this salary effective January 1, 2016, and on January 1 of each 0 subsequent year unless amended by the Salary Commission, LO M COUNCIL. PRESIDENT Monthly Salary $1,238.20 Effective as of the filing date A cost of living adjustment (COLA) equal to 2.5% of the annual wages Is to be applied to this salary effective January 1, 2U6, and on January 1 of each subsequent year unless amended by the Salary Commission, COUNCIL. MEMBERS Monthly salary $1,174.65 Effective as of the Oling date. A cost of living adjustment (COLA) equal to 2,5% of the annual wages Is to be applied to this salary effective January 1, 2016, and on January 1 of each subsequent year unless amended by the Salary Commission, Page x of 3 Packet Pg. 77 4.B.a The schedule of salaries will be subject to referendum In the same manner as a city ordinance. As required by law, a referendum petition must be filed with the city clerk within thirty (30) days from the salary schedules official filing date. If a valid referendum petition Is filed, the salary lncre�so or decrease will not go Into effect unless approved at the referendum election. The salary commission has moved to disband. The disbanding of the commission will become final upon the commission's execution of this schedule. in accordance with Ordinance No. 4142, the commission further recommends council repeat the establishment of the salary commission created Pursuant to Ordinance No. 41.42 but keep the salary schedule established by the commission in place. SUBMITTED THIS i - DAY OF JUNE 2015. SALARY COMMISXONERS: REG HA N1 R / j MASON HUDSON MIZANUR RAHMAN ej COREEN 30NErS �014010_—Iq-- KELLY BECKLEY Date of first publication: Date of second publication; Official filing date; .2 r ATTps,", y��//` � RONALD`i�i00RCCITY CLERK Page 2 of 3 Packet Pg. 78 4.B.a APPROVE© AS TO FORM. r� ARTHUR TzpA:rRTCK, DEPUTY CITY ATTORNEY Page 3of3 m r .y c O a m o: c v; a� 0 o: c O! y E E O U O d w O Q L 4- 0 O Lo Ln M Packet Pg. 79 4.0 • 4^4� KENT WASH NGTON DATE: February 14, 2023 TO: Independant Salary Commission FINANCE DEPARTMENT Paula Painter, CPA 220 Fourth Avenue South Kent, WA 98032 253-856-5264 SUBJECT: Comparable Salaries for Mayor, Council President and Council Members SUMMARY: The attached table and charts provide the current salaries for mayors, council presidents, and council members from various cities within King, Pierce, and Snohomish counties which use a Mayor -Council form of government. The selected cities have populations between 72,380 and 137,900. To ensure comparability to cities similar in size to the City of Kent, the City of Seattle with a population of 762,500 and cities with populations under 50,000 have been excluded from the charts and table. ATTACHMENTS: 1. Salary Commission - 2023 Compensation and Population (PDF) 2. Salary Commission - 2023 Chart Comparison (PDF) Packet Pg. 80 4.C.a City of Kent - Salary Commission 2023 Salary Review Monthly Compensation including Population February 8, 2023 .- Kent 137,900 $ 14,012 $ 1,509 $ 11431 Everett 1131300 $ 16,246 $ 3, 265 $ 2,511 Renton 107,500 $ 16,681 $ 2,050 $ 11750 Federal Way 101,800 $ 151000 $ 21937 $ 2,937 Auburn (1) 88,750 $ 15,071 $ 1,947 $ 11460 Redmond (2) 751270 $ 121083 $ 1,554 $ 1554 Marysville (3) 72,380 $ 13,962 $ 1,642 $ 11460 (')Salary Commission meeting May 2023 to review salaries which could change. (2)Salary Commission meeting now. 2023 salaries could change. (3)Data Source: 2022 AWC Salary Survey. 2023 salaries not confirmed. Packet Pg. 81 4.C.b City of Kent - Salary Commission 2023 Salary Review Monthly Compensation — Chart Comparisons February 8, 2023 Page 1 of 2 Understanding the Charts The following charts provide the current salaries for mayors, council presidents, and council members from various cities within King, Pierce, and Snohomish Counties which use a Mayor -Council form of government. The selected cities have populations between 72,380 and 137,900. Cities appear in order of their population from largest to smallest. Excluded from this analysis is Seattle with a population of 762,500 and cities with populations under 50,000. The blue bar within each bar chart reflects the monthly salary for the referenced position by jurisdiction. Included on the bar chart are three reference lines: • Orange: City of Kent current salary for the position. • Green: The average salary of all cities included in the chart. • Yellow: The average salary of cities included in the chart with populations greater than 100,000. $18,000 $17,000 $16,000 $15,000 $14,000 $13,000 $12,000 $11,000 $10,000 2023 Monthly Salary Mayor 1 $15,976 $14,841 $14,012 Kent Everett Renton Federal Way Auburn (1) Redmond (2) Marysville (3) -City of Kent Salary -Average Salary (All Listed except Kent) -Average Salary (Populations over 100,000) (1) Salary Commission meeting May 2023 to review salaries which could change. (2) Salary Commission meeting now. 2023 salaries could change. (3) Data Source: 2022 AWC Salary Survey. 2023 salaries not confirmed. Packet Pg. 82 4.C.b City of Kent - Salary Commission 2023 Salary Review Monthly Compensation - Chart Comparisons February 8, 2023 $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 $3,500 $3,000 $2,500 $2,000 $1,500 $1,000 2023 Monthly Salary Council President Page 2 of 2 i2,751 i2,232 $1,509 Kent Everett Renton Federal Way Auburn (1) Redmond (2) Marysville (3) City of Kent Salary Average Salary (All listed except Kent) Average Salary (Populations over 100,000) 2023 Monthly Salary Council Member ■ '2,399 1,945 $1,431 Kent Everett Renton Federal Way Auburn (1) Redmond (2) Marysville (3) -City of Kent Salary -Average Salary (All listed except Kent) Average Salary (Populations over 100,000) (1) Salary Commission meeting May 2023 to review salaries which could change. (2) Salary Commission meeting now. 2023 salaries could change. (3) Data Source: 2022 AWC Salary Survey. 2023 salaries not confirmed. Packet Pg. 83 4.D • KENT WASHINGTON DATE: February 14, 2023 TO: Independant Salary Commission OFFICE OF THE CITY ATTORNEY Tammy White, City Attorney 220 Fourth Avenue South Kent, WA 98032 253-856-5770 SUBJECT: Deliberation and Adoption of Proposed Salary Schedule — Adopt and Submit for Public Comment MOTION: I move to adopt the proposed salary schedule for the positions of Mayor, Council President, and City Council, and to submit the proposed schedule for public comment at the Commission's next meeting. SUMMARY: The Commission will evaluate the current salaries established for the positions of Mayor, Council President, and members of the City Council; will consider the salaries paid for comparable positions in other similar cities; and will discuss and evaluate any adjustments that they believe may be warranted to the salary for each position. Once the Commission has deliberated and determined any proposed changes they wish to make, it is recommended that the Commission adopt a proposed salary schedule and submit it for public comment at its next meeting. Packet Pg. 84 4.E • KENT WASHINGTON DATE: February 14, 2023 TO: Independant Salary Commission OFFICE OF THE CITY ATTORNEY Tammy White, City Attorney 220 Fourth Avenue South Kent, WA 98032 253-856-5770 SUBJECT: Next Commission Meeting — Set Date and Publish Notice MOTION: I move to set the Commission's next meeting for , 2023, and direct the City Clerk to give public notice of that special meeting date. SUMMARY: The Commission will discuss and set its next meeting date where it will solicit public comment on its proposed salary schedule for the positions of Mayor, Council President, and members of the City Council. Packet Pg. 85