Chapter 2.02
SALARY COMMISSION
Sections:
2.02.030 Membership – Appointments, attendance, vacancies, and officers.
2.02.050 Conflict of interest.
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. 2001 § 2, 2025).
2.02.010 Creation.
Ordinance No. 1429, passed by the city council on June 30, 2005, established an advisory board to be known as the “independent salary commission” or “salary commission” for the city of Oak Harbor. (Ord. 2001 § 2, 2025).
2.02.020 Powers and duties.
(1) 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 salary 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. 2001 § 2, 2025).
2.02.030 Membership – Appointments, attendance, vacancies, and officers.
The salary commission shall follow the membership requirements in Chapter 2.65 OHMC. The following items are specific to the salary commission:
(1) Appointments. In appointing members and filling vacancies, the mayor and city council should endeavor to obtain a diverse cross-section and appoint members having an interest in the city of Oak Harbor and reviewing salaries paid to each elected city official.
(a) Salary commission members shall be appointed, and terms of office shall be as provided in Chapter 2.65 OHMC, except that pursuant to RCW 35.21.015, members shall serve no more than two terms.
(b) The salary commission consists of five members appointed by the mayor and confirmed by the city council:
(i) The mayor, or their designee, will interview qualified applicants for appointment before being confirmed by the city council.
(ii) All members must reside within the city limits of Oak Harbor.
(iii) Members may not include any officer, official, or employee of the city or any of their immediate family members. “Immediate family member” as used in this subsection 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.
(iv) The mayor, or designee, shall appoint a primary staff liaison, staff support, and a recording secretary to this commission.
(2) Remote Attendance. Remote attendance by a commissioner who is not able to physically be present, whether for all or part of a meeting, is allowed as needed subject to the following:
(a) Notice. A commissioner shall contact the chair and the staff liaison at least one day prior to the meeting for which they will attend remotely or as soon as possible due to an emergency. After the staff liaison has called the roll at a meeting, the chair shall indicate any commissioner attending remotely, which will be noted in the minutes. If joining after roll call, the staff liaison shall note the time the commissioner joined and, if before adjournment, when the commissioner left in the minutes.
(b) Remote attendance by a commissioner shall be through the city’s preferred teleconferencing platform.
(c) A commissioner’s camera should be turned on when participating in the meeting.
(d) A commissioner attending remotely will be marked present, counting towards a quorum and can vote during the meeting as if they were physically present.
(e) A commissioner attending remotely must be able to hear public comments or testimony and staff’s presentation in real time. (Ord. 2001 § 2, 2025).
2.02.040 Meetings.
(1) Meeting Schedule. In March of each year, the salary commission shall establish their meeting schedule and set the time and location for each meeting. The salary commission shall meet at least one time annually per calendar year. The meeting shall be held at Oak Harbor City Hall, 865 SE Barrington Drive, Oak Harbor, WA 98277, unless otherwise directed by the chairperson. Any changes must be added to the meeting agenda and approved by a majority of the salary commission members. Meetings of the commission may be called at any time by the chairperson or by a quorum of the members of the commission upon personal notice being given to all members of the commission. If personal notice cannot be given, written notice must be received by such members at least 24 hours prior to said meeting.
(2) Meeting Agenda – Notice. The salary commission agenda and meeting notice shall be sent to the salary commission members and posted as required 24 hours prior to said meeting.
(3) Quorum. A quorum for the transaction of official business shall consist of a majority of the appointed members of the commission. If a quorum is not present within 15 minutes of the meeting time, the chairperson needs to call the meeting to order, indicate that there is no quorum, and close the meeting. (Ord. 2001 § 2, 2025).
2.02.050 Conflict of interest.
Salary commission members shall recuse themselves from discussing and voting on contracts in which that member or a member of that person’s immediate family has a direct or remote financial interest. The definitions of contracts, financial interests, remote interests, and direct interests are set forth in RCW 42.23.020 and 42.23.030 and commission members are encouraged to contact the city attorney in advance of the deliberation or vote on a contract in which the commission member may have a financial interest for a recommendation regarding how to proceed. (Ord. 2001 § 2, 2025).
2.02.060 Referendum.
Salary increases or decreases 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 30 days after filing of the 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 be otherwise governed by the provisions of the State Constitution, or city ordinance, or laws generally applicable to referendum measures. (Ord. 2001 § 2, 2025).