Ordinance 3967ORDINANCE NO.3967
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE 10.80
REGARDING THE CITIZENS' COMMISSION ON
COMPENSATION OF ELECTED OFFICIALS TO COMPLY
WITH RCW 35.21.015, SALARY COMMISSIONS, AND TO
ALLOW CITY COUNCILMEMBERS AND THE MAYOR TO
WAIVE THEIR SALARY DURING THEIR TERM OF OFFICE.
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
elected officials 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 City of Edmonds has established a Citizens' Commission on
Compensation of Elected Officials (Citizens' Commission), ECC 10.80; and
WHEREAS, the Citizens' Commission requires that such changes in salary shall only
become effective upon adoption by the city council under ECC 10.80.060, which contravenes the
language and intent of the state statute; and
WHEREAS, RCW 35.21.015(3) precludes the city council from having any ability to act
upon the changes to the compensation schedule established by the Citizens' Commission; and
WHEREAS, changes the compensation schedule established by the Citizens'
Commission are not recommendations to be voted on by the city council, but rather changes that
shall become law upon filing with the city clerk, without any input or action by the city council;
and
WHEREAS, Article XI, Section 8 of the Washington Constitution prohibits a city council
or a citizen salary commission from diminishing the salary of the mayor or a councilmember
after his or her election or during his or her term of office; and
WHEREAS, RCW 35.21.015(2) articulates the method of appointment of members of the
Citizens' Commission; and
WHEREAS, ECC 10.80.040 was out of date and out of alignment with RCW
35.21.015(2); and
WHEREAS, a city councilmember or mayor may voluntarily waive his or her salary
during his or her term of office without running afoul of the Washington Constitution; and
WHEREAS, the Edmonds City Code does not make clear that city councilmembers and
the mayor may voluntarily waive any or all of his or her salary during his or her term of office;
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 10.80.010 of the ECC, entitled "Purpose," is hereby amended to read
as follows (new text is shown in underline; deleted text is shown in strike tIffou
10.80.010 Purpose.
It is the policy of the city of Edmonds to base the compensation of the city's 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.
Section 2. Section 10.80.020 of the ECC, entitled "Duties," is hereby amended to read as
follows (new text is shown in underline; deleted text is shown in stroke thfou ):
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. For the
puEposes of this chapter, the tern "compensation" shall include salary, wages, health insurance
allowances, benefits, and other forms of remuneration commonly received in return for services.
Section 3. Section 10.80.030 of the ECC, entitled "Eligibility," is hereby amended to read
as follows (new text is shown in underline; deleted text is shown in strifethfou ):
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 officer, official or publie employee, nor any immediate
family member of th.—such officer, 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.
Section 4. Section 10.80.040 of the ECC, entitled "Appointment," is hereby amended to
read as follows (new text is shown in underline; deleted text is shown in s*rike thFo gh :
10.80.040 Appointment.
All Two members of the compensation commission shall be appointed by the mayor
subject to city council confirmation. and one member shall be appointed by the mayefAhe
appointed thfee members shall soloet the other foul 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
seleetion and appointment shall be eoneluded within 30 days of flie date !hat position beeat:
appointees Notwithstanding the appointinent provisions herein, commissioners that were
appointed under a previous process shall be allowed to complete their terms.
Section 5. Section 10.80.050 of the ECC, entitled "Operation," is hereby amended to read
as follows (new text is shown in underline; deleted text is shown in s*rike *,,,.,,,,^'^):
10.80.050 Operation.
The members of the compensation commission shall elect a chair from among their
number. Except as provided below, the election of the chair and other decisions of the
compensation commission shall require an affirmative vote of a simple majority of the
commission. The commission shall prepare and approve a reeemmended schedule of
compensation schedule by an affirmative vote of not less than a simple majority five fnem e of
the commission plus one member. Members of the commission shall receive no compensation
for their services. If the commission is not able to approve the compensation schedule by
affirmative vote of a simple majority of the commission plus one member, then the previous
schedule or the substantial equivalent thereof, shall be deemed to remain in effect.
Section 6. Section 10.80.060 of the ECC, entitled "Compensation schedule
recommendation," is hereby amended to read as follows (new text is shown in underline; deleted
text is shown in sail ough):
10.80.060 Compensation schedule meommendation.
Tow -Once approved, the commission shall file its s hedu es ofreco,,,..,o.,aoa
compensation schedule for elected officials of the city with the city clerk no later than the first
Monday in Maykugust 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. The clerk shall publish a notice on the city's website that the
compensation schedule has been filed. Such schedules shall beeeme ofro tive only
adepfien by the eity eouned and in arear-dance with state . incorporated into the city or town
budget without further action of the city council or salary commission except that when the city
council adopts the budget, it must do so without amending, such schedules.
Section 7 A new section 10.80.065, entitled "Effective date of salary increases and
decreases," is hereby added to the Edmonds City Code to read as follows:
10.80.065 Effective date of salary increases and decreases.
All salary increases established by the commission shall be effective on January 1 of the
year after the schedule was approved; provided, however, that any compensation decreases
approved by the compensation commission shall only become effective upon commencement of
the subsequent term of the applicable office.
Section 8. Section 10.80.070 of the ECC, entitled "Open meetings," is hereby amended to
read as follows (new text is shown in underline; deleted text is shown in strike difough):
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-four months immediately preceding the filing of its
compensation schedule.
Section 9. Section 10.80.080 of the ECC, entitled "Referendum," is hereby amended to
read as follows (new text is shown in underline; deleted text is shown in stfike tIffou
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 fissien
r-eeommendation-coMpensation schedule shall be subject to Article XXX, Section 1 of the
Washington State Constitution regarding increases in elected officials' compensation during their
term of office.
Section 10. Section 10.80.090 of the ECC, entitled "Reimbursement unaffected," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
10.80.090 Reimbursement unaffected.
The mayor and councilmembers shall receive reimbursement for their "actual 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 11. A new section 10.80.100, entitled "Waiver of compensation by city
councilmembers and mayor," is hereby added to the Edmonds City Code to read as follows:
10.80.100 Waiver of compensation by city councilmembers and mayor.
A. City councilmembers and the Mayor may voluntarily waive and elect not to be paid
all or any portion of the compensation during his or her term of office. Notice of
waiver must be:
1. In writing and delivered to the city treasurer prior to the effective date; and
2. Signed by the individual and his or her spouse, if married, as required by RCW
49.48.100. Signature(s) shall be before a notary public.
B. Compensation waived under the notice of waiver is irrevocably donated to the City of
Edmonds. Officials may not seek back pay to recover compensation waived under the
notice of waiver.
C. It shall be presumed that compensation or portions of compensation that are declined
or waived pursuant to this section shall be unrestricted in its use by the city; provided,
that this presumption may be rebutted by the councilmember or the mayor directing
in writing that his or her waived compensation be utilized for a specific city purpose.
D. The waiver shall be effective for all compensation earned following the effective date
and continue in effect until withdrawn by a writing signed by the individual or the
individual's spouse delivered to the city treasurer.
Section 12. 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 13. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
Cw
MAYOR DAVE EARLING
ATTEST/AUTHENTICATED:
CS��
CITY CLERK, SCO . PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
A FF T RA AY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
April 11, 2014
April 15, 2014
April 20, 2014
April 25, 2014
3967
SUMMARY OF ORDINANCE NO.3967
of the City of Edmonds, Washington
On the /S day of Af r / , 2014, the City Council of the City of Edmonds, passed
Ordinance No. 3967 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE
10.80 REGARDING THE CITIZENS' COMMISSION ON
COMPENSATION OF ELECTED OFFICIALS TO
COMPLY WITH RCW 35.21.015, SALARY
COMMISSIONS, AND TO ALLOW CITY
COUNCILMEMBERS AND THE MAYOR TO WAIVE
THEIR SALARY DURING THEIR TERM OF OFFICE.
The full text of this Ordinance will be mailed upon request.
DATED this day of 2014.
CITY G RK, SCOTT PA Y
9
Everett Daily Herald
Affidavit of Publication
STATE OF WASHINGTON }
COUNTY OF SNOHOMISH } SS
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 is a true copy of City
Ordinances - Ordinance Nos. 3965, 3966 &
3967 556872
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:
1 issue(s), such publication commencing on
04/20/2014 and ending on 04/20/2014 and
that said newspaper was regularly distributed
to its subscribers during all of said period.
The amount of the fee for such publication is
$ 53.32.
Subscribed and sworn before me on this
21 day of AJ2 f l ;Z, I Li, 4m '4, T.,
NJtal-y Public in and or the State of
Washington, residing at Everett, Snohomish
County.
City of Edmonds - LEGAL ADS EDH 101416 - PO: ORD. 3965,
3966 & 67
ORDERED BY: SCOTT PASSEY
* SUSAN L. STOLTZ
STATE OF WASHINGTON
NOTARY --.-- PUBLIC
My Commission Expires 12-20-2017
iur,�,�„rsardrF MM AR I E�
of the City of Edmonds, Washlnrglon
On the 15th Day of April. 2014, the City Council of the
City of Edmonds. Washington, passed the following
Ordinances. The surnmarios consisting of titles are
provided as rollOws:
�r71AlAfUCE NO 3�i
AN ORDINANCE OF THE CITY OF EDMONDS.
WASHINGTNG EDMONDS CITY CODE,
CHAPTER O3,75 RELATING TO THE EDMONDS
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT,
ADDING SECTION 075, AND FIXING
WHEN THE SAME SHALL BECOME EFFECTIVE A TIME
#iR -MAKE No M
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EDMONDS, WASHINGTON. AMENDING THE
2014 SALARY SCHEDULES FOR ALL CITY
PERSONNEL.
ANQUANQ5� � OF THE CITY OF EDMONDS,
WASITY CODE
O.80HR REGARDING THE INGTONAMEND(CITIZENS' COMNG EDMONDSMISSION ON
C0MP£NSAATVOt4 OF ELECTED OFFICIALS TO
COMPLY MISSYITH IONS,RCW AND To ALLOWALAY
CITY
COUNCILMEMBERS AND THE MAYOR TO WAIVE
7HEIR SALARY DURING THEIR TERM OF OFFICE.
The full text of any Ordinance wltl be matted upon
raquest. Dated Ibis 17th Day of April. 2014.
CITY CLERK. SCOTT PASSEY
Published: April 20, 2014.