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2006 Ordinance 06-021 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 06-021 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, CREATING AN INDEPENDENT SALARY COMMISSION TO REVIEW AND SET THE SALARIES OF THE MAYOR AND CITY COUNCILMEMBERS; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, it serves the interests of the City to have a separate, independent commission to establish the future salaries of the Mayor and City Council; and WHEREAS, the Washington State Legislature through RCW Chapter 35.21, authorizes cities, towns and counties to create an independent salary commission to set the salaries of elected officials; and WHEREAS, pursuant to RCW 35.21.015, the action fixing the salary by a commission supersedes any other provision of City ordinance related to the fixing of salaries for elected officials. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Independent Salary Commission. A. Creation of Independent Salary Commission. There is hereby established for the City of Spokane Valley an Independent Salary Commission, for a period of one year. B. Purpose. The purpose of the Independent Salary Commission shall be to review and establish the salaries of the Mayor and the Councilmembers. C. Composition. The Independent Salary Commission shall consist of five (5) members appointed by the Mayor and confirmed by the City Council. D. Compensation. The Independent Salary Commission shall serve without compensation. E. Term. The term of appointment is one (1) year. F. Qualifications. 1. Each person appointed to serve as a member of the Independent Salary Commission shall be a citizen of the United States, a resident of the City of Spokane Valley for at least one (1) year immediately preceding such appointment and while serving on the Commission, and a registered voter in Spokane County. ,2. 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 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. Ordinance 06-021 Salary Commission Page 1 of 4 G. Operation. 1. The Independent Salary Commission shall elect a Chair and Vice Chair from among its members. The Independent Salary Commission may establish and adopt rules of procedure for the efficient and fair conduct of its business. 2. The City Manager shall appoint staff and make available supplies and equipment to assist the Independent Salary Commission in preparation of its reports and records. 3. Any communication from the Independent Salary Commission to any member of the City Council while reviewing the schedule of salaries, shall be in writing and made part of the record of the Commission's proceedings. 4. The Independent Salary 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. 5. The first meeting of the Independent Salary Commission shall occur no later than October 23, 2006, and the Commission shall review and, if it so determines, amend and file its schedule of salaries with the City Clerk no later than December 4, 2006. 6. Three (3) members of the Independent Salary Commission shall constitute a quorum and the affirmative vote of three (3) members shall be sufficient for the decision of all matters and the transaction of all business. H. Responsibilities. To determine the appropriate rate of compensation, the Independent Salary Commission shall assess the market rate of compensation for elected City officials and study the relationship of salaries to the duties of the' Mayor and the City Councilmembers. Salaries shall be established by an affirmative vote of not less than three (3) members. 1. Removal. A member of the Independent Salary Commission may only be removed during the term of office for cause such as incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence. I. Filing Date-Salary Schedule. The Independent Salary Commission shall file its salary schedule with the City Clerk who will publish the schedule two (2) times, at least one week apart, in the official newspaper of the City. The second date of publication shall be considered the official filing date of the salary schedule. K. Effective Date - Salaries . The Commission's salary schedule will become effective in the amounts, at the times, and under the conditions established in the schedule unless a referendum has been filed in accordance with Section 2 of this Ordinance. Once filed, the schedule shall be incorporated into the City budget without further action of the City Council or Salary Commission. Salary adjustments established by the Commission that result in a salary increase are effective immediately as to all Councilmembers and/or the Mayor, regardless of their terms of office. If the salary adjustment established by the Commission results in a salary decrease, the decreased salary shall be effective at the commencement of the incumbent's next subsequent term of office. Ordinance 06-021 Salary Commission Page 2 of 4 L Section 2. Referendum. A. Salary Schedule subject to Referendum Petition. I. The Commission's adopted salary schedule shall be subject to referendum petition by the people of the City. A petition must be filed with the City Clerk within thirty (30) days after the official filing date 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 a vote of the people. 2. Referendum measures under this section shall be submitted to the voters of the City at the next following general or municipal election occurring thirty (30) days or more after the petition is filed, and shall be otherwise governed by the provisions of the State Constitution or other laws generally applicable to referendum measures. B. Referendum Statement. A referendum statement on a petition shall be phrased in the following language: Should the salary schedule filed with the City Clerk of the City of Spokane Valley by the Independent Salary Commission on be repealed in its entirety? Your signature on this petition indicates your vote in favor of repeal of the attached salary schedule in its entirety. A copy of the salary schedule or ordinance to such referendum petition shall be attached to each referendum petition for the information of the parties requested to sign such petition. C. Initiative provisions applied to referendum process. All state law provisions applicable to the form of the petition and sufficiency of signatures required for an initiative petition as set forth herein, and to the submission to the vote of the people as set forth herein, shall apply to a referendum petition and to the salary schedule sought to be defeated thereby. D. Referendum - Effective Date - Record. If a majority of the number of votes cast on the referendum oppose the salary schedule or ordinance, such salary schedule or ordinance shall be deemed repealed following the certification of the vote. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. Ordinance 06-021 Salary Commission Page 3 of 4 PASSED BY THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY WASHINGTON this 19`h day of September, 2006. CITY OF SPOKANE VALLEY, WASHINGTON By: Diana Wilhite, Mayor ATTEST: hristine Bainbridge, City Clerk Approved as to form: Office o the City x1forney Date of Publication: 09-22-06 Effective Date: 10-22-06 Ordinance 06-021 Salary Commission Page 4 of 4