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Ordinance 35080006.90000 WSS /gjz 5/20/04 ORDINANCE NO. 3508 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE BY THE REPEAL AND REENACTMENT OF CHAPTER 10.80 FORMERLY ENTITLED CITIZENS' COMMISSION ON SALARIES OF ELECTED OFFICIALS IN ORDER TO RENAME IT THE CITIZENS' COMMISSION ON THE COMPENSATION OF ELECTED OFFICIALS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has created a commission to advise the Council regarding appropriate compensation for elected officials, and officials; and WHEREAS, the name of the Commission addresses only the salaries of elected WHEREAS, Article 30, Section 1 of the Washington State Constitution prohibits the increase or reduction in compensation during their term of office for elected officials who set their own salaries; and WHEREAS, the Commission notes that its mission therefore properly includes consideration of all forms of compensation paid to Councilmembers, and WHEREAS, the Commission has requested a change in its title to reflect its charge of review of the overall compensation rather than the salary of elected officials, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: {WSS571539.DOC;1 /00006.900000/} - 1 - Section 1. The Edmonds City Code Chapter 10.80 Citizens' Commission on Salaries of Elected Officials is hereby repealed and in its place enacted a new Chapter 10.80 Citizens' Commission on the Compensation of Elected Officials is enacted in its place to read as follows: Chapter 10.80 CITIZENS' COMMISSION ON COMPENSATION OF ELECTED OFFICIALS Sections: 10.80.010 Purpose. 10.80.020 Duties. 10.80.030 Eligibility. 10.80.040 Appointment. 10.80.050 Operation. 10.80.060 Compensation schedule recommendation. 10.80.070 Open meetings. 10.80.080 Referendum. 10.80.090 Reimbursement unaffected. 10.80.010 Purpose. It is the policy of the city of Edmonds to base the compensation of elected officials on realistic standards so that elected officials of the city may be compensated according to the duties of their offices, and so that citizens of the highest quality may be attracted in public service. To effectuate this policy, the Edmonds' Citizens Commission on the Compensation of Elected Officials ( "Compensation Commission ") is hereby created consisting of seven members with duties and responsibilities as set forth below. 10.80.020 Duties. The Compensation Commission shall study the relationship of compensation for each respective position. Except as provided otherwise below, the Compensation Commission shall be solely responsible for its own organization, operation, and action and shall enjoy the fullest cooperation of all elected officials, departments and agencies of the city of Edmonds. {WSS571539.DOC;1 /00006.900000/1 - 2 - 10.80.030 Eligibility. The Compensation Commission shall consist of seven members, all of whom must be at least 21 years of age, registered to vote, and maintain personal residence within the boundaries of the city of Edmonds. No city of Edmonds official or public employee, immediate family member of the official or employee shall be eligible for membership on the Compensation Commission. As used in this section, the phrase "immediate family" means parents, spouse, siblings, children, or dependent relative of the official or employee, whether or not they are living in the same household. 10.80.040 Appointment. Two members of the Compensation Commission shall be appointed by the City Council and one member shall be appointed by the Mayor; the appointed three members shall select the other four members. The members of the Compensation Commission shall serve four -year terms originally commencing on October 1, 1999, except that the first seven members shall be appointed for different terms as follows: (a) one member appointed by the City Council for a period of four years; (b) one member appointed by the City Council for a period of two years; (c) two of the members selected by those three members to serve for periods of four years; and (d) two of the members elected by those three members to serve for periods of two years. No person may serve more than two consecutive terms. Members of the Compensation Commission may be removed by the Mayor, with the approval of the Council, only for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of eligibility. The unexcused absence of any member of the Commission from two consecutive meetings of the Commission shall constitute relinquishment of that person's membership on the Commission. Such relinquishment creates a vacancy in that person's position on the Commission. Upon a vacancy in any position on the Commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within 30 days of the date that position becomes vacant and shall be conducted in the same manner as originally provided for that person" appointment. 10.80.050 Operation. The members of the Compensation Commission shall elect a chair from among their number. The Commission shall prepare a recommended schedule of compensation by an affirmative vote of {WSS571539.DOC;1/00006.900000/1 - 3 - not less than five members of the commission. Members of the Commission shall receive no compensation for their services. 10.80.060 Salary schedule recommendation. The Commission shall file its schedules of recommended compensation for elected officials of the city with the city clerk no later than the first Monday in May of each even - numbered year. The signature of the chair of the commission shall be affixed to each schedule submitted to the city clerk. The chair shall certify that the schedule has been adopted in accordance with the provisions of this chapter and with the rules, if any, of the Commission. Such schedules shall become effective only upon adoption by the City Council and in accordance with state law. 10.80.070 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 compensation schedule, the Commission shall hold no fewer than two public hearings thereon within the two months immediately preceding the filing of its recommendation. 10.80.080 Referendum. Any ordinance enacting change in compensation shall be subject to referendum petition by the citizens in accordance with city ordinance. Any ordinance which enacts a Commission recommendation shall be subject to Article XXX, Section 1 of the Washington State Constitution regarding increases in elected officials' compensation during their term of office. 10.80.090 Reimbursement unaffected. The Mayor and Councilmembers shall receive reimbursement for their action and necessary expenses incurred in the performance of the duties of their office, or the Council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance, consistent with state law. Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect {WSS571539.DOC;1 /00006.900000/} - 4 - five (5) days after passage and publication of an approved summary thereof consisting of the title. " ' MIDDY MAY G HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ) 5�&& - W. SCOTT SNYDER FILED WITH THE CITY CLERK: 07/16/2004 PASSED BY THE CITY COUNCIL: 07/20/2004 PUBLISHED: 07/25/2004 EFFECTIVE DATE: 07/30/2004 ORDINANCE NO. 3508 {WSS571539.DOC;1 /00006.900000/1 - 5 - SUMMARY OF ORDINANCE NO. 3508 of the City of Edmonds, Washington On the 20th day of July, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3508. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE BY THE REPEAL AND REENACTMENT OF CHAPTER 10.80 FORMERLY ENTITLED CITIZENS' COMMISSION ON SALARIES OF ELECTED OFFICIALS IN ORDER TO RENAME IT THE CITIZENS' COMMISSION ON THE COMPENSATION OF ELECTED OFFICIALS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 21St day of July, 2004. ITY CLERK, SANDRA S. CHASE {WSS571539.DOC;1/00006.900000/} - 6 - STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 3508 of t e ity o mon s, as ington On the 20th day of July, 2004, the City Council of the City of Edmonds, passed Ordnance No. 3508. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, AMENDING THE EDMONDS CITY CODE BY THE REPEAL AND REENACTMENT OF CHAPTER 10.80 FOR- MERLY ENTITLED CITIZENS' COMMISSION ON SALAR- IES OF ELECTED IGIALS A E I ON THE COMPENSATION V5 , €C€C F ANN SHALL I Ht: SAME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 21st day of July, 2004. Published: July 25, 2004. CITY CLERK, SANDRA S. CHASE Affidavit of Publication S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice City of Edmonds Summary of Ordinance NO. 3508 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: July 25, 2004 and that said newspaper was regularly distributed to its subscribers during all of said period. AA,ta �ti-- nnctpa er Subscribed and swom to before me this 26th day of July, 2004 RECEIVED til',, AUG0 6.2004 and—for Notary Public in the S e of Wa hington, residing at Everett; Spphomisl� .� m loo m County. EDMONDS CITY CLERK v U8l �G t�IA, e�F F . -07 0� ttatt SH1 met W� ........ Account Name: City of Edmonds Account Number. 101416 Order Number. 0001192005