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Ordinance 18-021 Salary Commission CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 18-021 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING CHAPTER 2.10 OF THE SPOKANE VALLEY MUNICIPAL CODE PERTAINING TO THE CITY COUNCIL SALARY COMMISSION, AND OTHER MATTERS RELATED THERETO. WHEREAS, the City of Spokane Valley (City) is authorized pursuant to RCW 35.21.015 to establish independent salary commissions to set the salaries for City Couneilmembers;and WHEREAS,the City has adopted chapter 2.10 Spokane Valley Municipal Code(SVMC)to govern how City Council salaries are set, including allowing for the creation of an independent salary commission; and WHEREAS, the City Council has determined it necessary to adopt amendments to chapter 2.10 SVMC relating to the creation, authority, and operation of independent salary commissions. NOW, THEREFORE,the City Council of the City. of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to adopt amendments to chapter 2.10 SVMC relating to the creation, authority, and operation of an independent salary commission. Section 2. Amendment. Chapter 2.10 SVMC is hereby amended as follows: 2.10.010 Salary A. Council Members. Each city council-member shall be entitled to receive a salary as established by the Independent Salary Commission,or as established through adoption by City Council of a separate ordinance setting the salary for City Councilmembers. This salary shall be paid once per month. B.Mayor.The mayor shall be entitled to a salary as established by the Independent Salary Commission, or as established through adoption by City Council of a separate ordinance setting the salary for the mayor. This salary shall be paid once per month. C. Adjustment by Independent Salary Commission.If the City's independent salary commission establishes a salary schedule for the mayor and council-members, those salaries shall take effect at the times, in the amounts, and under the conditions established in the schedule or as otherwise provided by Iaw. 2.10.020 Independent Salary Commission A. Independent Salary Commission. 1, Creation of Independent Salary Commission. The City may appoint an independent salary commission. 2. Purpose. The purpose of the independent salary commission shall be to review and establish the salaries of the mayor and the councilmembers. Ordinance 18-021, Salary Commission Amendments Page 1 of 4 3. Composition. The independent salary commission shall consist of five members appointed by the mayor and confirmed by the city council. 4. Compensation.The independent salary commission shall serve without compensation. 5. Term. The term of appointment is up to one year. 6. Qualifications. a. 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 for at least one year immediately preceding such appointment and while serving on the independent salary commission, and a registered voter in Spokane County. b.No officer, official, or employee of the City or any of their immediate family members may serve on the independent salary 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. 7. Operation. a. 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. b. 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. c. 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 independent salary commission's proceedings. d. 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, chapter 42.30 RCW. e. The first meeting of the independent salary commission shall occur no later than 20 days after the appointments are made by the City Council, and the commission shall review and, if it so determines, amend and file its schedule of salaries with the city clerk within 90 days after appointments are made by the City Council. f. Three members of the independent salary commission shall constitute a quorum and the affirmative vote of three members shall be sufficient for the decision of all matters and the transaction of all business. 8. 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 council-members. Salaries shall be established by an affirmative vote of not less than three members. Ordinance 18-021,Salary Commission Amendments Page 2 of 4 9. Removal, A member of the independent salary commission may only be removed during the appointment term for cause such as incapacity, incompetence, neglect of duty, malfeasance, or for a disqualifying change of residence. 10. Filing Date — Salary Schedule. The independent salary commission shall file its salary schedule with the city clerk who will publish the schedule two 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. 11. Effective Date—Salaries.The independent salary commission's salary schedule shall become effective in the amounts, at the times, and under the conditions established in the schedule unless a referendum has been filed pursuant to SVMC 2.10.020(B). Once filed, the schedule shall be incorporated into the City budget without further action of the city council or independent salary commission. Salary adjustments established by the independent salary commission that result in a salary increase shall be effective immediately as to all councilmembers and/or the mayor, regardless of their terms of office. If the salary adjustment established by the independent salary commission results in a salary decrease, the decreased salary shall be effective at the commencement of the incumbent's next subsequent term of office. B. Referendum. 1. Salary Schedule Subject to Referendum Petition. a. The independent salary commission's adopted salary schedule shall be subject to referendum petition by the people of the City. Any such petition shall be filed with the city clerk within 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. b. Referendum measures 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 or other laws generally applicable to referendum measures. 2. 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. 3. 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. 4. 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. Ordinance 18-021,Salary Commission Amendments Page 3 of 4 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 become effective five days after publication of the Ordinance, or a summary thereof, in the official newspaper of the City. Adopted this 25th day of September, 2018 City of Spokane Valley cf)i L.R. Riggin. :y• ATTES / h ' . Christine Bainbridge, Clerk Approved . to Form: a 4. ,I . •�Pe of`7 ity Attorney Date of Publication: Cf —zoo ie Effective Date: lf) - 3 - ,7daP Ordinance I8-02I,Salary Commission Amendments Page 4 of 4