Chapter 2.09
INDEPENDENT SALARY COMMISSION
Sections:
2.09.040 Commission membership.
2.09.070 Effective date – Salaries.
2.09.080 Salary schedule subject to referendum petition.
2.09.010 Creation.
There is hereby created an independent salary commission. (Ord. 2022-883 § 1)
2.09.020 Purpose.
The commission shall review and establish the salaries of the council members and exercise the powers and perform the duties established by RCW 35.21.015 as now existing or hereafter amended. (Ord. 2022-883 § 1)
2.09.030 Qualifications.
A. Members must be a resident of the city for at least one year immediately preceding appointment and a registered voter of Snohomish County.
B. No officer, official, or employee of the city or any of their immediate family members may serve on the commission. “Immediate family member” as used in this subsection 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. 2022-883 § 1)
2.09.040 Commission membership.
A. Number of Members. The commission shall consist of five members.
B. Appointment. Members shall be appointed by the mayor, subject to confirmation by the city council. Members shall be selected without respect to political affiliations and shall serve without compensation.
C. Terms. Members of the commission shall serve their term upon appointment and council confirmation, until the salary review is complete and a salary schedule has been filed with the city clerk or until any determination is made that no salary adjustment is appropriate. No member may be appointed to more than two terms on the commission, whether or not those terms are held consecutively.
D. Removal. Members may be removed by the mayor, only during their terms of office for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence.
E. Vacancies. Vacancies occurring shall be filled for the unexpired terms, in the same manner as appointments in subsection B of this section.
F. Quorum. Three members shall constitute a quorum.
G. Chair and Vice-Chair. The commission shall elect a chair and vice-chair from among its voting members. (Ord. 2022-883 § 1)
2.09.050 Meetings.
A. The city manager will appoint appropriate staff to assist the independent salary commission.
B. The commission shall keep a written record of its proceedings, which shall be a public record in accordance with state law and shall actively solicit public comment at all meetings which shall be subject to the Open Public Meetings Act, pursuant to Chapter 42.30 RCW.
C. The commission shall meet as often as necessary in order to file a schedule with the city clerk, on or before November 1, 2022. Once a schedule has been filed, the commission will not meet until the council confirms a new salary commission for purposes of further studying city council compensation. (Ord. 2022-883 § 1)
2.09.060 Responsibilities.
The commission shall have the following responsibilities:
A. To study the relationship of salaries to the duties of mayor, mayor pro tem and council members and to study the costs personally incurred by council members in performing such duties;
B. To study the relationship of Mill Creek city council salaries to those salaries of council members in surrounding city jurisdictions and other current market conditions;
C. To establish salary by either increasing or decreasing the existing salary of each position by an affirmative vote of not less than three members;
D. To review and file a salary and compensation schedule with the city clerk no later than November 1, 2022, and if a new independent salary commission is appointed thereafter, by November 1st, in any subsequent year. (Ord. 2022-883 § 1)
2.09.070 Effective date – Salaries.
A. The commission established or amended salary schedule will become effective in the amounts, at the times and under the conditions established in the schedule.
B. Any increase or decrease in salary shall become effective and incorporated into the city budget without further action of the city council or the commission.
C. Salary increases established by the commission shall be effective as to all council elected officials regardless of their terms of office.
D. Salary decreases established by the commission shall become effective as to incumbent elected council members at the commencement of their next subsequent terms of office.
E. Any adjustment of salary by the commission shall supersede any conflicting city ordinance related to the budget or to the fixing of salaries. (Ord. 2022-883 § 1)
2.09.080 Salary schedule subject to referendum petition.
A. Salary increases and decreases shall be subject to referendum petition in the same manner as an ordinance upon filing of such petition with the city clerk within 30 days after the 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 the 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 be otherwise governed by the provisions of the Washington State Constitution, Chapter 1.22 MCMC, or laws generally applicable to referendum measures. (Ord. 2022-883 § 1)