Chapter 2.65
INDEPENDENT SALARY COMMISSION
Sections:
2.65.010 Establishment and purpose.
2.65.020 Membership.
2.65.030 Qualifications.
2.65.040 Commission operations.
2.65.050 Responsibilities.
2.65.060 Salary schedule – Referendum petition.
2.65.010 Establishment and purpose.
A. Independent salary commission established. A salary commission is hereby established pursuant to RCW 35.21.015, hereinafter referred to as the city of Kent independent salary commission.
B. Purpose of commission. The purpose of the independent salary commission shall be to review and establish the salaries of the members of the city council and the mayor. The salary authority of the independent salary commission shall include all compensation that may be paid to or received by council members and the mayor, whether or not it is identified as salary. Further, the salaries identified by the independent salary commission shall be uniform among the same category or class of elected officials. This provision, however, does not prevent or preclude the independent salary commission from providing for a different salary for the council member selected as the council president. Rather, the independent salary commission would be entitled to consider the additional duties of the council president in setting salaries for that position.
C. Salary of municipal court judge excluded. The commission will not review or set the salaries of the city’s municipal court judges, which pursuant to KCC 2.34.050 equal the salary of district court judges as set by the Washington Citizens’ Commission on Salaries for Elected Officials.
D. Chapter 2.50 KCC supplements this chapter. The provisions of Chapter 2.50 KCC shall supplement the provisions in this chapter with respect to the independent salary commission. If there is a conflict between any provision in Chapter 2.50 KCC and a provision in this chapter, the provision in this chapter shall control.
(Ord. No. 4454, § 1, 11-15-22)
2.65.020 Membership.
A. The independent salary commission shall consist of three members who shall be registered voters and residents of the city of Kent, appointed by the mayor and confirmed by the city council.
B. The members of the independent salary commission shall serve without compensation, except for reasonable reimbursement for their expenses in accordance with state law and city ordinance.
C. Each member of the independent salary commission shall serve a term of four years, except that the first three commission members shall be appointed for different terms, as follows: one member to serve for a period of two years, one member to serve for a period of three years, and one member to serve for a period of four years. Alternate members may be appointed and confirmed in accordance with Chapter 2.50 KCC.
D. No member may be appointed to more than two terms on the independent salary commission, whether or not those terms are held consecutively.
E. The mayor may remove a commissioner at any time for cause of incapacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change of residence.
(Ord. No. 4454, § 1, 11-15-22)
2.65.030 Qualifications.
A. No person shall be appointed to serve as a member or alternate member of the independent salary commission unless that person meets the qualifications set forth in KCC 2.50.060(A).
B. No city officer, official or employee, or an immediate family member of a city officer, official or employee, may serve on the commission. “Immediate family member,” as used in this section, means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official or employee.
(Ord. No. 4454, § 1, 11-15-22)
2.65.040 Commission operations.
A. The independent salary commission shall elect a chair and vice chair from among its voting members as provided for in Chapter 2.50 KCC.
B. The meetings of the independent salary commission shall be subject to the Open Public Meetings Act pursuant to Chapter 42.30 RCW.
C. The independent salary commission, with the assistance of appointed staff, shall keep a written record of its proceedings, which shall be a public record all in accordance with state law.
D. The independent salary commission shall have the authority to raise and lower salaries of the city council and the mayor. A city council or mayoral salary increase or decrease shall occur only if a majority of the members of the commission vote in favor of the increase or decrease as provided for by Chapter 2.50 KCC.
E. The independent salary commission shall meet at least once each year to consider whether or not to review and/or adjust existing salaries for the city council and the mayor. The initial meeting of the independent salary commission shall take place within 30 days after the initial members of the independent salary commission have been appointed and confirmed. Thereafter, the initial annual meeting of the independent salary commission shall occur no later than April 30th, in any given year.
F. Prior to a vote of the independent salary commission to raise or lower salaries, residents of the city shall have an opportunity to comment or submit comments in writing. An opportunity for comments shall be conducted in a manner that is consistent with the procedure used at regularly scheduled meetings of the city council for public comment.
G. Prior to a vote of the independent salary commission to raise or lower salaries, the commission may request, from the mayor or designee, additional financial information and other relevant data, other than that information provided in subsection (H) of this section, including but not limited to information related to the various duties, assignments, responsibilities, obligations and meetings of city council members.
H. The mayor or designee shall provide the independent salary commission with, and the commission shall consider, information regarding salaries paid to members of city councils and mayors from comparable cities. Such comparable cities shall be comprised of cities having a population of at least 25,000 and located in King, Pierce, or Snohomish County, and, for the purposes of the mayor, comparable cities shall be cities organized and operating under the mayor-council plan of government, pursuant to Chapter 35A.12 RCW or RCW Title 35.
I. In its meeting(s), the independent salary commission shall review and, if it so determines, amend and file its schedule of salaries for the city council and the mayor no later than the third Tuesday in November of each year to coincide with the city’s annual budget cycle. If necessary, the independent salary commission will also meet upon any other call by the chair or the mayor or by the majority vote of the city council.
(Ord. No. 4454, § 1, 11-15-22)
2.65.050 Responsibilities.
The independent salary commission shall have the following responsibilities:
A. To study the relationship of salaries to the duties of the city council members, the council president, and the mayor and those of comparable cities, as defined hereinabove, and to establish a salary for the mayor, city council members, and the council president, as described hereinabove, by either increasing or decreasing the existing salaries for the city council, the council president, and the mayor by an affirmative vote as provided for by Chapter 2.50 KCC;
B. To review salary schedules and file its amending salary schedules, if any, not later than the third Tuesday in November of each year to coincide with the city’s annual budget cycle; provided, that this does not preclude the independent salary commission from reviewing and amending salary schedules more often than once per year if circumstances warrant;
C. To submit each amended salary schedule to the city clerk, who will publish the complete schedule two times, at least one week apart, in the official newspaper of the city. The second publication date will be the official filing date. The schedule will become effective 30 days after this date.
D. The commission will use its best efforts to file its initial schedule of salaries for the positions of mayor, city council members, and municipal court judges with the city clerk no later than April 1, 2023. After that date, the commission will review and, if it so determines, amend and file its salary schedules not later than the third Tuesday in November of each year to coincide with the city’s annual budget cycle. The commission’s initial schedule of salaries will have an effective date no sooner than January 1, 2023.
E. The signature of the chair of the independent salary commission shall be affixed on each schedule submitted to the city clerk. The salary schedule will be subject to referendum petition in the same manner as a city ordinance, if a valid referendum petition is filed within 30 days of the salary schedule’s official filing date.
F. The commission’s established or amended salary schedule will become effective in the amounts, at the times, and under the conditions established in the schedule by the commission. Once filed, the city will incorporate the schedule into the city budget without further action by the city council or the commission.
G. Salary increases established by the independent salary commission shall be effective as to all city council members and the mayor regardless of their terms of office. Salary decreases established by the commission shall become effective as to incumbents at the commencement of their next subsequent terms of office.
H. Existing salaries for the mayor and members of council established by city ordinance or city budget, or by prior action of the independent salary commission, will remain in effect unless and until changed in accordance with the provisions of this chapter.
I. The terms and conditions of the commission’s adopted salary schedule will remain in effect until amended under the terms and conditions of a new salary schedule filed in accordance with this chapter.
2.65.060 Salary schedule – Referendum petition.
A. The independent salary commission’s adopted salary schedule will be subject to referendum in the same manner as a city ordinance. As required by law, a referendum petition on the commission’s salary schedule must be filed with the city clerk within 30 days from the salary schedule’s official filing date. If a valid referendum petition is filed, the salary increase or decrease will not go into effect unless approved at the referendum election.
B. The city will submit referendum measures under this section to the voters at the next following general or municipal election occurring 30 or more days after the petition is filed. Referendum measures will be otherwise governed by the provisions of the state Constitution, RCW 35A.11.100, and other laws generally applicable to referendum measures.
(Ord. No. 4454, § 1, 11-15-22)