Chapter 2.02


2.02.005    Purpose.

2.02.010    Created – Membership, appointment, compensation, term.

2.02.020    Vacancies.

2.02.030    Removal.

2.02.040    Duties.

2.02.050    Referendum.

2.02.005 Purpose.

The purpose of this chapter is to utilize Chapter 73, Laws of 2001, effective July 22, 2001, and codified as RCW 35.21.015, which authorizes the city to establish by ordinance an independent salary commission with authority to set the salary of the members of the council and of other elected city officials, and provides that the commission’s action fixing such salaries shall supersede any provision in a city ordinance related to fixing salaries. (Ord. 1806 § 1, 2017; Ord. 1429 §§ 1, 2, 2005).

2.02.010 Created – Membership, appointment, compensation, term.

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

(2) Not less than three shall be residents of Oak Harbor, the other two may be owners of businesses located within the city.

(3) A member of the commission shall serve for a six-year term without compensation. The initial members shall be appointed for staggered terms.

(4) Three members of such commission shall constitute a quorum and the vote of any three members of such commission concurring shall be sufficient for the decisions of all matters and the transaction of all business.

(5) 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. 1806 § 1, 2017; Ord. 1429 §§ 1, 3, 2005).

2.02.020 Vacancies.

In the event of a vacancy in 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. (Ord. 1806 § 1, 2017; Ord. 1429 §§ 1, 4, 2005).

2.02.030 Removal.

A member of the commission shall only be removed from office for cause of incapacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change of residence. (Ord. 1806 § 1, 2017; Ord. 1429 §§ 1, 5, 2005).

2.02.040 Duties.

(1) The independent salary commission shall have the duty, at such intervals as determined by the commission, to review the salaries paid by the city to each elected city official. If after such review the commission determines that the salary paid to any elected city official should be increased or decreased, the commission shall file a written salary schedule with the city clerk indicating the increase or decrease in salary.

(2) Any increase or decrease in salary established by the commission shall become effective and incorporated into the city budget without further action of the city council or the commission.

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

(4) 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. (Ord. 1806 § 1, 2017; Ord. 1429 §§ 1, 6, 2005).

2.02.050 Referendum.

Any salary increase or decrease established by the independent salary commission pursuant to this chapter shall be subject to referendum petition by the voters of the city, in the same manner as a city ordinance, upon filing of a referendum petition with the city clerk within 30 days after filing of a salary schedule by the commission. 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. 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 otherwise be governed by the provisions of the State Constitution and the laws generally applicable to referendum measures. (Ord. 1806 § 1, 2017; Ord. 1429 §§ 1, 7, 2005).