Chapter 2.92


2.92.010    Created – Membership.

2.92.020    Vacancies.

2.92.030    Removal.

2.92.040    Procedure – Duties.

2.92.050    Referendum.

2.92.010 Created – Membership.

A.    There is created a salary commission for the city. The commission shall consist of three members, to be appointed by the mayor with the approval of the city council.

B.    A member 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 determination is made that no salary adjustment is appropriate. A member shall serve without compensation, and shall be a resident of the city.

C.    Every five years, beginning in 2009, a new salary commission shall be appointed and the commission shall begin a new salary review as provided herein.

D.    No member of the commission shall be appointed to more than two terms.

E.    A member of the commission shall not be an officer, official, or employee of the city or an immediate family member of an officer, official, or employee of the city. For purposes of this section, “immediate family member” means the parents, spouse, siblings, children, or dependent relatives of an officer, official, or employee of the city, whether or not living in the household of the officer, official, or employee. (Ord. 2009 § 1, 2009).

2.92.020 Vacancies.

In the event of a vacancy in the office of commissioner, the mayor shall appoint, subject to approval of the city council, a person to serve the unexpired portion of the term of the expired position. Prior to consideration for appointment, each candidate shall submit a written request to be considered which shall be reviewed by the mayor and council members prior to appointment to the commission. (Ord. 2009 § 1, 2009).

2.92.030 Removal.

A member of the commission shall only be removed by the city council from office for cause of incapacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change of residence. (Ord. 2009 § 1, 2009).

2.92.040 Procedure – Duties.

A.    The commission shall have the duty to review the salaries paid by the city to the mayor and city council. If after such review the commission determines that the salary paid to the mayor or city council should be increased or decreased, the commission shall file a written salary schedule with the city clerk indicating the increase or decrease in salary.

B.    For purposes of this chapter, “salary” or “salaries” means any fixed compensation paid or provided periodically for work or services and includes, but is not limited to, wages and medical or other benefits. This definition expressly excludes any expenses paid or reimbursed on behalf of the mayor or council member for training and travel expenses.

C.    Every five years, as provided in BMC 2.92.010(C), the commission shall convene, complete its review, and file its schedule of salaries for the mayor and city council with the city clerk within 90 days of the appointment of the commission. The 90-day review time schedule may be extended upon request by the commission and approval by the city council.

D.    Meetings may be scheduled by the chair of the commission or by a majority vote of the commission. Meetings shall be conducted in the Bothell City Council Chambers. Three members of the commission shall constitute a quorum and are necessary for conducting a meeting. Meetings shall be conducted pursuant to Robert’s Rules of Order, Newly Revised 10th Edition.

E.    All meetings of the commission shall be open to the public. Prior to a commission vote to increase or decrease salaries, at least one of the meetings shall include a public hearing to provide an opportunity for the public, the mayor, deputy mayor, and/or city council members to address the commission. Citizen comments shall be conducted in a manner consistent with those heard at regularly scheduled meetings of the council. The mayor, deputy mayor, and/or city council members shall only address the commission regarding commission business at a regularly scheduled commission meeting or by public written comment.

F.    The decision to raise or lower salaries requires an affirmative vote of at least a majority of the whole membership of the commission.

G.    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.

H.    Salary increases established by the commission shall be effective as to all city elected officials, regardless of their terms of office.

I.    Salary decreases established by the commission shall become effective as to incumbent city elected officials at the commencement of their next subsequent terms of office.

J.    Any adjustment of salary by the commission shall supersede any city ordinance related to the budget or to the fixing of salaries. (Ord. 2009 § 1, 2009).

2.92.050 Referendum.

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 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 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 1.12 BMC, or laws generally applicable to referendum measures. (Ord. 2009 § 1, 2009).