Ordinance 4252ORDINANCE NO. 4252
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 10.80
ENTITLED "SALARY COMMISSION"; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, as a means of preventing the use of public office for self -enrichment, the
Washington State Constitution, Article 11, Section 8, initially prohibited any changes in the pay
applicable to an office having a fixed term, either after the election of that official or during his or
her term; and
WHEREAS, by Article 30 (Amendment 54), adopted in 1967, and an amendment to Article
11, Section 8 (Amendment 57) in 1972, the rule was modified to permit pay increases for officials
who do not fix their own compensation; and
WHEREAS, the State Legislature adopted RCW 35.21.015 to provide the ability for city
councilmembers and commissioners to receive mid-term compensation increases, provided that a
local salary commission was established and that the commission set compensation at a higher
level; and
WHEREAS, RCW 35.21.015 authorizes the creation of a salary commission of city
residents that may increase the salary of elected officials effective mid-term, and decrease the
salary of elected officials effective upon subsequent terms of office, by filing a change in salary to
the city clerk without further action of the city council; and
WHEREAS, the Edmonds City Council wishes to establish a salary commission in
accordance with RCW 35.21.015;
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. A new chapter 10.80, entitled "Salary Commission," is hereby added to the
Edmonds City Code to read as follows:
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CHAPTER 10.80
SALARY COMMISSION
10.80.010
Created — Membership.
10.80.020
Qualifications.
10.80.030
Duties.
10.80.040
Open meetings.
10.80.050
Referendum.
10.80.010 Created — Membership.
A. There is created a salary commission for the city. The commission shall consist of five
members, to be appointed by the mayor with the approval of the city council.
B. The salary commission will serve without compensation.
C. Each member of the commission shall serve a term of three years, except that the
initial members shall be appointed for staggered terms of one, two or three years.
D. No member of the commission shall be appointed to more than two terms.
E. In the event of a vacancy in office of commissioner, the mayor shall appoint, subject to
approval of the city council, a person to serve the unexpired portion of the term of the expired
position.
F. A member of the commission shall only be removed from office for cause of
incapacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change
of residence.
10.80.020 Qualifications.
A. Each member of the commission shall be a resident of the city.
B. No member of the commission shall be an officer, official, or employee of the city or
an immediate family member of an officer, official, or employee of the city. For purposes of this
section, "immediate family member" means the parents, spouse, siblings, children, or dependent
relatives of an officer, official, or employee of the city, whether or not living in the household of
the officer, official, or employee.
10.80.030 Duties.
A. The commission shall have the duty to meet between July 1st and September 30th of
each odd -numbered year commencing the year 2023, to review the salaries paid by the city to
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each elected city official, except that the salary of the municipal courtjudge shall be determined
in accordance with Edmonds City Code Section 2.15.040. If after such review the commission
determines that the salary paid to an elected city official should be increased or decreased, the
commission shall file a written salary schedule with the city clerk indicating the increase or
decrease in salary and the effective date. Prior to filing the salary schedule with the city clerk, the
city attorney shall review the salary schedule for ambiguity and legality and shall approve the
salary schedule as to form if the schedule is unambiguous and legal.
B. Any increase or decrease in salary established by the commission shall become
effective and incorporated into the city budget without further action of the city council or salary
commission.
C. Salary increases established by the commission shall be effective as to all city elected
officials, regardless of their terms of office. Salary increases established by the commission shall
be effective on the next payday for City employees, or under the conditions established in the
salary schedule.
D. Salary decreases established by the commission shall become effective as to
incumbent city elected officials at the commencement of their next subsequent terms of office.
E. For purposes of this chapter, "salary" means any fixed compensation paid or provided
periodically for work or services and includes, but is not limited to, wages and medical or other
benefits. This definition expressly excludes any expenses paid or reimbursed on behalf of the
mayor or council member for training and travel expenses.
10.80.040 Open meetings.
All meetings, actions, hearings, and business of the commission shall be subject to the
Open Public Meetings Act as set forth in Chapter 42.30 RCW. Prior to the filing of any salary
schedule, the commission shall hold no fewer than two public hearings thereon within the two
months immediately preceding the filing of its salary schedule.
10.80.050 Referendum.
A. Any salary increase or decrease established by the commission pursuant to this chapter
shall be subject to referendum petition by the voters of the city, in the same manner as a city
ordinance, upon filing of a referendum petition with the city clerk within 30 days after filing of a
salary schedule by the commission. In the event of the filing of a valid referendum petition, the
salary increase or decrease shall not go into effect until approved by a vote of the people.
B. Referendum measures under this section shall be submitted to the voters of the city at
the next following general or municipal election occurring 30 days or more after the petition is
fled, and shall otherwise be governed by the provisions of the state constitution and the laws
generally applicable to referendum measures.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
ITYL !!�� SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARAD Y
FILED WITH THE CITY CLERK: March 25, 2022
PASSED BY THE CITY COUNCIL: March 29, 2022
PUBLISHED: April 1, 2022
EFFECTIVE DATE: April 28, 2022
ORDINANCE NO. 4252
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SUMMARY OF ORDINANCE NO. 4252
of the City of Edmonds, Washington
On the 29th day of March, 2022, the City Council of the City of Edmonds, passed Ordinance
No. 4252. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 10.80
ENTITLED "SALARY COMMISSION"; PROVIDING
FOR SEVERABILITY; AND SETTING AN EFFECTIVE
DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 29th day of March, 2022.
C CLERK, SCOTT VSSEY
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being fust duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH951683 ORDINANCE 4251,
4252 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issuc(s), such publication commencing on
04/01/2022 and ending on 04/01/2022 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
Theamount the fee for s h publication is
Unde PAiitips
$49.88. Notary Public
State of Washington
My A�piprncnt f': 6res 4129;2026
Ganwpjs:;00.. 1z,j,er 4417
Subscibed and sworn be a me on this
T day of
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCO Cr PASSEY
Classified Proof
C'RDINANGE $VIM MARY
oI the Orry of E�mnn at�i,-4 asrTi n9mr,
On the 29tH day a! LlefCh. 2:}22, the Cily CCvrlCll of the City
of
Edmonds, Passed the IollowIV 0 'a.. the summad" of said
ordinances conylssing of tliles ate provided as follows:
ORO}NANCE_hLC' 4257
AN OROINAHC — OF EDMONDS,
WASHINGTON, ADOPTING NEW REGULATIONS AND A
NEW CHAPTER 17.116 ECOC, ENTITLED "ELECTRiC
VEHICLE CHARGING INFRASTRUCTURE' AND
AM E NOING OTHE R EC DC SECTIONS TO BE CON SISTENT
WITH THE NEW REGULATIONS, SPECIFICALLY,
SECTIONS 16.69.030 ENTITLED "COMMUNITY GENERAL
DISTRICT SITE DEVELOPMENT STANDARGB; 16.110.020
ENTITLED 'YVESTGATE MIXED-USE ZONING DISTRICT
SITE DEVELOPMENT STANDARDS; 17.50.010 ENTITLED
'OFFVREET PARKING REOUIRED; 17A0.020 ENTITLED
"PARKING SPACE REQUIRED," 21.90.912 ENTITLED
"AUTOMOBILE SERVICE STATION% AND 22:110090
ENTITLED 'HEIGHT BONUS."
ORDINAigGE NO.5252
AN ORDINANCE OFTME C17Y OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 10.80
ENTITLED 'SALARY COMMISSION PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
The full text of these Ofdtnances Vel he sanl upon requesl.
CATEO 6113 29th Day of March, 2D22
CITY CLERK, SCOTT PASSEY
Published: April 1, 2022. EDH951683
Proofed by Phillips, Linda, 04/01/2022 02:19:56 pm Page: 2