Ordinance 4057ORDINANCE NO.4057
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:
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 annually between July 1 st and September
30th commencing the year 2017, to review the salaries paid by the city to each elected city
official, except that the salary of the municipal court judge 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
filed, 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:
�a
MAYOR DAV , EARLING
ATTEST/AUTHENTICATED:
C"TWCLEK, CO SEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: February 3, 2017
PASSED BY THE CITY COUNCIL: February 7, 2017
PUBLISHED: February 12, 2017
EFFECTIVE DATE: March 9, 2017
ORDINANCE NO.: 4057
SUMMARY OF ORDINANCE NO.4057
of the City of Edmonds, Washington
On the 7t" day of February, 2017, the City Council of the City of Edmonds, passed
Ordinance No. 4057. 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 81" day of February, 2017.
CI EICK, S OTT EY
E
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Kathleen Landis being first 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 EDH743430 ORDINANCE
4057 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
issue(s), such publication commencing on
02/12/2017 and ending on 02/12/2017 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$22.36.
tn_7tz'�n
Subscribed and sworn before me on this
day of ,
Notary Public in and for the State of
Washington.
City of Edmonds -LEGAL ADS 114101416
SCOTF PASSEY
DEBRA ANN GRIGG
Notary Public
State of Washington
My Commissionx.,a�os
October 31 , 20 i 7
SIfMMARY QF t]RDr1VRN
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AN ORDINANCE OF ME Clt7l' pasplfhacpnipn!
INgrDN. AmD�7ING A NEW CHAPTER i�p 8 WT S 0
SA Y CDMrN1SSIDM; PRDVf17rNG FOR BEVERA9TLE
ANDSETTING AN EFfEC7iVE,0O T) rT o f pE this I 1 ailBd upon request.
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