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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: 1 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 2 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 4 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