Chapter 2.38
SALARY COMMISSION

Sections:

2.38.010    Created – Membership – Compensation.

2.38.020    Terms of office.

2.38.030    Power and duties.

2.38.040    Referendum measures.

2.38.010 Created – Membership – Compensation.

(1) There is created and established a salary commission for the town. The salary commission shall review and establish the salaries of each council position and shall exercise the powers and perform the duties set forth by RCW 35.21.015, as now existing or hereafter amended.

(2) The commission shall consist of five members. A committee composed of the mayor and two council members will review applications or letters of interest. The committee will then submit the top two (or more, depending on number of applicants and vacant positions, as determined by the committee) names of the proposed appointee(s) to the full council for final action. A priority list shall also be provided by the committee, which shall include the names of all applicants. A member of the commission shall not be an officer, official, or employee of the town or an immediate family member of an officer, official, or employee of the town. 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 town, whether or not living in the household of the officer, official, or employee. For purposes of this section “officer” includes but is not limited to any contract vendors such as the town engineer, planner, attorney, or similarly contracted position.

(3) Commission members must be residents and registered voters within the town of Concrete town limits at the time of appointment and during the course of their term.

(4) In the event of a vacancy in the office of a commissioner, the mayor shall appoint, subject to approval of the town council, a person to serve the unexpired portion of the term of the expired or vacated position.

(5) 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.

(6) Commissioners shall serve without compensation.

(7) A member of the commission shall not be appointed to another town committee, board, or commission, except for specialized committees or task forces of limited duration.

(8) Members shall sign a conflict-of-interest statement upon appointment and any reappointment. [Ord. 844, 2022; Ord. 835, 2021]

2.38.020 Terms of office.

(1) A member of the commission shall serve for a three-year term. Initial terms shall be staggered with two members appointed for terms beginning upon their appointment in 2021 and ending December 31, 2023, two members appointed for terms beginning upon their appointment and ending December 31, 2022, and one member appointed for a term beginning upon his or her appointment and ending December 31, 2021.

(2) No member of the commission shall be appointed to more than two terms, whether consecutive or otherwise. [Ord. 835, 2021]

2.38.030 Power and duties.

(1) The commission shall have the duty to review the salaries paid by the town to the town council. If after such review the commission determines that the salary paid to the town council should be increased or decreased, the commission shall file a written salary schedule with the town clerk indicating the increase or decrease in salary.

(2) The commission shall convene and complete its first review of the salaries paid to the town council within 90 days of the appointment of the commission. Should the commission determine that the salary paid to the town council be increased or decreased, the commission shall file its initial schedule of salaries for the town council with the town clerk no later than the ninety-first day following the appointment of the commission.

(3) For subsequent years, the commission shall meet no less than one time per year prior to September 30th of each year.

(4) All meetings of the commission shall be governed by the Open Public Meetings Act and shall be open to the public, except as otherwise allowed under that Act. The committee shall establish a regular meeting schedule and announce the specific day and time the committee will conduct its regular meetings. Members of the public shall have an opportunity to comment or submit comments in writing prior to a commission vote to increase or decrease salaries.

(5) Minutes of each meeting, including a record of attendance, shall be prepared by the secretary, and approved by the commission and signed by the chairperson at a subsequent meeting. The secretary shall be included as a staff person and shall not be considered part of the five commissioners. The minutes do not need to reflect the actual discussion, but only the formal actions taken by the commission. The approved meeting minutes shall be posted on the town’s website.

(6) A majority of the voting members then serving on the commission shall constitute a quorum.

(7) Any increase or decrease in salary shall become effective and incorporated into the town budget without further action of the town council or commission.

(8) Salary increases established by the commission shall be effective as to all councilpersons, regardless of their terms of office.

(9) Salary decreases established by the commission shall not be effective as to any incumbent councilpersons until the commencement of their next term of office.

(10) Any adjustment of salary by the commission shall supersede any town ordinance related to the budget or fixing of salaries, but only to the extent there is a conflict.

(11) If after reviewing the commission determines that the salary paid to any elected council position should not be increased or decreased, then the commission shall file a written determination with the town clerk indicating that no salary adjustment is appropriate.

(12) The commission shall adopt rules of procedures to govern its meetings. Such rules shall make provision for the taking of minutes and keeping of commission records and shall provide for the election of such officers as are deemed necessary by the commission for the conduct of its business. [Ord. 835, 2021]

2.38.040 Referendum measures.

(1) Salary increased and decreased shall be subject to referendum petition by the people of the town in the same manner as a town ordinance upon filing of such petition with the town clerk within 30 days after filing of the salary schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by vote of the people.

(2) Referendum measures under this section shall be submitted to the voters of the town at the next following general or municipal election occurring 30 days or more after the petition is filed and shall be otherwise governed by the provisions of the State Constitution or laws generally applicable to referendum measures. [Ord. 835, 2021]