Chapter 2.86
SALARY COMMISSION

Sections:

2.86.010    Created—Membership.

2.86.020    Qualifications.

2.86.030    Duties.

2.86.040    Open meetings.

2.86.050    Referendum.

2.86.010 Created—Membership.

A.    There is created a salary commission for the city. The commission shall consist of three members, to be appointed by the mayor with the approval of the city council.

B.    The members of the salary commission shall 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, and three years.

D.    No member of the commission shall be appointed to more than two terms.

E.    In the event of a vacancy on the salary commission, the mayor shall appoint, subject to approval of the city council, a person to serve the unexpired portion of the term of the vacated position.

F.    A member of the commission shall only be removed from office for cause of capacity, incompetence, neglect of duty, or malfeasance in office, or for disqualifying change of residence. (Ord. 21-40 § 1, 2021)

2.86.020 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 immediate family member of an officer, official, or employee of the city. For purposes of this section, “immediate family member” means the parents, spouse, sibling, 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. (Ord. 21-40 § 1, 2021)

2.86.030 Duties.

A.    The commission shall have the duty to meet annually commencing the year 2022, to review the salaries paid and the health insurance benefits provided by the city to each elected city official. The commission shall determine the number of meetings necessary to fulfill the duties as prescribed herein, but in so doing shall comply with the obligation to hold no fewer than two public hearings thereon as required by BGMC 2.86.040. The commission shall be required to complete the fulfillment of their duties by September 30th of each year.

B.    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. This salary schedule shall be provided to the city attorney by September 30th of each year. In the event the city attorney determines the salary schedule contains any ambiguity or illegality, the city attorney shall notify the city manager of such and the city manager shall be permitted to call a meeting of the salary commission to correct the ambiguity or illegality.

1.    Any increase or decrease in salary established by the commission shall become effective and incorporated into the city budget without any review or further action from the city council or the salary commission.

2.    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 condition established in the salary schedule if different.

3.    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.

4.    For purposes of this section, “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.

C.    If after such review the commission determines that the health insurance benefits provided to an elected city official should be changed, the commission shall file a written statement with the city clerk indicating what changes should occur and what types of health insurance benefits, if any, shall be provided. Prior to filing the written statement with the city clerk, the city attorney shall review the written statement for ambiguity and legality and shall approve the written statement as to form if the statement is unambiguous and legal. This written statement shall be provided to the city attorney by September 30th of each year. In the event the city attorney determines the written statement contains any ambiguity or illegality, the city attorney shall notify the city manager of such and the city manager shall be permitted to call a meeting of the salary commission to correct the ambiguity or illegality.

1.    Any change in health insurance benefits as established by the commission shall become effective and incorporated into the city budget without any review or further action from the city council or the salary commission.

2.    Any change in health insurance benefits established by the commission shall be effective as to all city elected officials, regardless of their terms of office. A change in health insurance benefits established by the commission shall be effective on January 1st of the next calendar year.

3.    In determining what type of health insurance benefits shall be provided to the city council, the commission shall be limited to only authorizing health insurance benefits currently available and already provided by the city to employees. (Ord. 21-40 § 1, 2021)

2.86.040 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 by September 30th of each year, the commission shall hold no fewer than two public hearings thereon within the two months immediately preceding the filing of its salary schedule. (Ord. 21-40 § 1, 2021)

2.86.050 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 city ordinance, upon filing of a referendum petition with the city clerk within thirty 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 thirty 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. (Ord. 21-40 § 1, 2021)