Ord 03-439ORDINANCE NO. 03-439
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 2,
ARTICLES Il AND VII OF THE CITY OF FEDERAL WAY CITY
CODE AND ADDING A NEW DIVISION 8 TO ARTICLE III
CHAPTER 2 TO THE CITY OF FEDERAL WAY CITY CODE
ENTITLED "INDEPENDENT SALARY COMMISSION",
CREATING THE COMMISSION TO REVIEW AND SET
ANNUALLY THE SALARIES OF THE MAYOR AND CITY
COUNCIL MEMBERS AND PROVIDING FOR RELATED
MATTERS.
WHEREAS, under state law, the Council currently sets the salaries of the
councilmembers, and the Mayor; and
WHEREAS, in 2001, the state Legislature passed HB 1084 which expressly
authorizes cities, towns and counties to create independent salary commissions to set elected
officials' salaries; and
WHEREAS, pursuant to RCW 35.21.015, the action fixing the salary by h
commission supersedes any other provision of state statute or city ordinance related to municipal
budgets or to the fixing of salaries; and
WHEREAS, it is appropriate to have separate, independent commission, rather
than the City Council itself, establish the salaries of these elected officials;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Salaries. Chapter 2, Article II, Section 2-26 of the Federal Way
City Code is hereby amended as follows:
ORD # 03-439, PAGE 1
2-26 Salaries
(a) All councilmembers elected or appointed to terms commencing on or after January 1,
·
I
1992, shall receive a salary of $750.00 per month. Any person elected or appointed,!
by the City Council to the office of mayor for a term commencing on or after January
1, 1992, shall while serving as mayor receive a total salary of $900.00 per month.
Councilmembers completing terms to
which commenced prior to January 1,
which they had been elected or appointee[
1992, shall, pursuant to RCW 35A.13.040i
continue to receive a salary of $400.00 per month while serving as councilmember oN
$500.00 per month while serving as mayor.
(b) If the City's independent salary commission establishes a salary schedule for th~
Mayor and councilmembers, those salaries will take effect at the times, in thg
amounts, and under the conditions established in the schedule, as provided by law,
and by FWCC Chapter 2, Article III, Division 8 and will replace the salaries set fortl3
in subsection (a). (Ord. No. 90-59, §1, 5-15-90)
Section 2. Referendum. Chapter 2, Article VII of the Federal Way City Code
is hereby amended as follows:
2-226 Referendum petitions.
A petition may be filed with the city clerk within 30 days from filing of a salary schedule,
by the independent salary commission or the passage of a general ordinance by the council,
petitioning the council to reconsider a salary schedule or an ordinance which is subject to
referendum, or to submit same to a vote of the people. (Ord. No. 92-150, § 1(1.14.260), 9-22-92)
ORD #03-439, PAGE 2
2-227
Should Federal Way Ordinance No.
the Federal Way City Council on
Referendum statement.
A referendum statement on a petition shall be phrased in the following language:
relating to enacted by
be repealed in its entirety? Your signature on
this petition indicates your vote in favor of repeal of the attached ordinance in its entirety;
or
Should the salary schedule filed with the City Clerk 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.
(Ord. No. 92-150, § 1(1.14.270), 9-22-92)
2-228 Referendum filing suspends ordinance.
Upon the filing of a referendum petition, which must contain valid signatures of 15
percent of the total number of names of persons listed as registered voters within the city on the
date of the last preceding city general election or as otherwise provided by state law, within 30
days of the filing of a salary schedule by the independent salary commission or passage of an
ordinance petitioning therein that such salary schedule or ordinance be submitted to the
electorate, the council shall reconsider a salary schedule or an ordinance subject to referendum
and, upon reconsideration, shall defeat it in its entirety or shall submit it to a vote of the people.
The operation of a salary schedule or an ordinance so protested against shall be suspended until
the referendum petition is finally found insufficient or until the salary schedule or ordinance
ORD #03-439, PAGE 3
protested against has received a majority of the votes cast thereon at the election. (Ord. No. 92-
150, § 1(1.14.280), 9-22-92)
2-229 Initiative provisions applied to referendum process.
All 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
fbrth herein, shall apply to a referendum petition and to the salary schedule or ordinance sought
to be defeated thereby. (Ord. No. 92-150, § 1(1.14.290), 9-22-92)
2-230 Referendum - Effective date - Record.
If a majority of the number of votes cast thereon oppose the salary schedule or ordinance
subject to the referendum, such salary schedule or ordinance shall be deemed repealed
immediately. (Ord. No. 92-150, § 1(1.14.300), 9-22-92)
Section 3. Independent Salary Commission. A new Division 8 is hereby
added to Chapter 2, Article II! of the Federal Way City Code:
Division 8. Independent Salary Commission
i. Created
There is hereby established a Federal Way independent salary commission hereinafte:
referred to as the independent salary commission.
ii. Purpose
The purpose of the independent salary commission shall be to review and establish thc
salaries of the Mayor and the councilmembers.
iii. Membership
(a) The independent salary commission shall consist of five members appointed by the
Mayor and approved by the City Council.
ORD #03-439, PAGE 4
iv,
(b) The independent salary commission shall serve without compensation.
(c)
Each member of the independent salary commission shall serve a term of four (4)'
years, except that the first five commission members shall be appointed for different!
terms, as follows: One (1) member to serve for a period of one (1) year, one (1)!
member to serve for a period of two (2) years, one (1) member to serve for a periodi
of three (3) years, and two (2) members to serve for a period of four (4) years. The!
Mayor, with approval of the City Council, may appoint alternate independent salary!
commission members as the need arises. The City Council shall annually appoinl~
new members in March to fill the expiring terms on the independent salar~
commission.
(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) If, for any reason, a vacancy occurs during the terms of an independent sala~
commission member, the Mayor shall appoint, with the approval of the City Councilq
a new member to fill the unexpired term of that member.
(f) The City Council may remove an independent salary commission member at any,
time for cause of incapacity, incompetence, neglect of duty, or malfeasance in officq
or for a disqualifying change of residence.
(g) All members of the independent salary commission shall serve until their successors
are duly appointed by the mayor and approved by the City Council.
Qualifications.
(a) No person shall be appointed to serve as a member or alternate member of the
independent salary commission unless that person is a citizen of the United States, a
ORD #03-439, PAGE 5
resident of the city for at least one year immediately preceding such appointment,i
and an elector of the county in which the member resides.
(b) No city 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.
Operation.
(a) The independent salary commission shall elect a chair and vice chair from among its
voting members. Such officers shall hold office for two (2) years. The
independent salary cormnission may from time to time establish and publish rules o(
procedure for the efficient and fair conduct of its business, consistent with state la~
and city ordinance.
(b) The City Manager shall appoint appropriate staff to assist the independent salarE,
commission in preparation of its reports and records as are necessary for the proper
operation of the commission.
(c) The independent salary commission shall keep a written record of its proceedingsa
which shall be a public record all in accordance with state law, and shall actively,
(d)
solicit public comment at all meetings which shall be subject to the Open Public
Meetings Act pursuant to RCW 42.30.
The independent salary commission shall meet at least once in 2003 and in each
even year thereafter to consider whether or not to review and/or adjust existing
salaries. This meeting shall occur no later than April 30, in any given year, and the,
ORD #03-439, PAGE 6
(e)
commission shall review and, if it so determines, amend and file its schedule ol
salaries with the city clerk no later than May 31. If necessary the commission will
also meet upon any other call by the chair, the Mayor or by the majority vote of the
City Council.
Three (3) members shall constitute a quorum and the votes of three (3) member~
shall be sufficient for the decision of all matters and the transaction of all business to
vi.
vii.
amounts,
be decided or transacted by the independent salary commission.
Responsibilities.
The independent salary commission shall have the following responsibilities:
(a) To study the relationship of salaries to the duties of the Mayor and the City Counci!
members and to establish a salary by either increasing or decreasing the existing
salary for each position by an affirmative vote of not less than three (3) member;
(b) To review and file its salary schedules not later than May 31, 2003, and every even
year thereafter;
(c) To submit each salary schedule to the city clerk, who will publish the complete~
schedule two (2) times, at least one (1) week apart. The second publication date wil~
be the official filing date. The schedule will become effective thirty (30) days after
this date.
Effective Date - Salaries
The commission's established or amended salary schedule will become effective in the~
at the times, and under the conditions established in the schedule. Once filed, th~
schedule shall be incorporated into the city budget without further action of the City Council o~'
salary commission. Salary increases established by the commission shall be effective as to the
ORD #03-439, PAGE 7
Mayor and all City Council members regardless of their terms of office. Salary decreases
established by the commission shall become effective as to incumbents at the commencement o~
their next subsequent terms of office. Existing salaries for the Mayor and council membersi
established by City ordinance and/or City budget shall remain in effect unless and until changedi
in accordance with the provisions of this chapter. The terms and conditions of the commission'si
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.
viii. Salary Schedule subiect to Referendum Petition
(a) The commission's adopted salary schedule shall be subject to referendum petition by,
the people of the city in the same manner as a city ordinance upon filing of such
petition with the city clerk within thirty (30) days after the official filing date of the
salary schedule. In the event of the filling of a valid referendum petition, the salary
increase or decrease shall not go into effect until approved by 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 thirty days or more after
the petition is filed and shall be otherwise governed by the provisions of the stat~
Constitution or other laws generally applicable to referendum measures.
Section 4. Severability. The provisions of this Ordinance are declared
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section,
or portion of this Ordinance or the invalidity of the application thereof to any person or
circumstance, shall not affect the validity of the remainder of this Ordinance, or the validity of itg
application to other persons or circumstances.
ORD #03-439, PAGE 8
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this Ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This Ordinance shall take effect and be in force 30
days from and after its passage, approval and publication, as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
WASHINGTON this 18th day of March, 2003.
CITY OF FEDERAL WAY, WASHINGTON
By ~ '~~~f ~
ATTEST: ~AYOR, JEANNE BURBJ,_;t~GE
~3;Y-~E~, N. Christine Gre~(~I~C
APPROVED AS TO FORM:
CITY ATTORNEY, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDINXSalary Corem
02/25/03
03/18/03
03/22/03
04/21/03
03-439
ORD #03-439, PAGE 9