ORD NO. 2019-23 UPDATING THE CODE PROVISIONS GOVERNING THE CITY’S SALARY COMMISSIONORDINANCE NO. 2019-23
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to the City's salary commission; repealing and replacing Chapter 2.74 of
the Bainbridge Island Municipal Code (BIMC).
WHEREAS, RCW 35.21.015 authorizes the City to establish by ordinance an
independent salary commission with authority to set the salary of the members of the City
Council; and
WHEREAS, on August 9, 2001, the City adopted Ordinance No. 2001-31-B,
creating a salary commission for the City of Bainbridge Island; and
WHEREAS, since 2001, the salary commission has periodically reviewed the
salary of members of the City Council, most recently in 2009; and
WHEREAS, a decade has passed since the salary commission last reviewed the
salary of members of the City Council; and
WHEREAS, the City Council now desires that the salary commission
consistently performs a periodic review of the salary of members of the City Council, to
occur in 2019 and every seven years thereafter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 2.74 of the Bainbridge Island Municipal Code is hereby repealed in its
entirety and replaced as shown on attached Exhibit A.
Section 2. This ordinance shall take effect and be in force five (5) days from its passage
and publication as required by law.
PASSED by the City Council this 10th day of September, 2019.
APPROVED by the Mayor this 10th day of September, 2019.
Kol Medina, Mayor
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ATTEST/AUTHENTICATE:
_ f
ristine Brown, C y Clerk
FILED WITH THE CITY CLERK: August 23, 2019
PASSED BY THE CITY COUNCIL: September 10, 2019
PUBLISHED: September 13, 2019
EFFECTIVE DATE: September 18, 2019
ORDINANCE NUMBER: 2019-23
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Exhibit A
Chapter 2.74
SALARY COMMISSION
Sections:
2.74.010 Created — Membership, appointment, compensation, term.
2.74.020 Vacancies.
2.74.030 Removal.
2.74.040 Mission and responsibilities.
2.74.050 Referendum.
2.74.060 Meetings, officers, records and quorum.
2.74.010 Created — Membership, appointment, compensation, term.
A. There is created a salary commission for the city. The commission shall consist of
seven members, to be appointed by the mayor with the approval of the city council.
B. A member of the commission shall serve until either: the commission completes its
salary review and files a salary schedule with the city clerk; or the commission issues a
final determination that no salary adjustment is appropriate.
C. Beginning in 2019, a salary commission shall be appointed and shall begin a new
salary review as provided herein. Every seven years thereafter, a new salary commission
shall be appointed to perform a new salary review in accordance with this chapter.
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.
F. A member of the commission shall not be appointed to another city committee, board
or commission, except for specialized committees or task forces of limited duration.
G. Members shall serve without compensation.
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H. Members shall sign a conflict of interest statement in accordance with the city's ethics
program upon appointment and any reappointment.
2.74.020 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
vacant position in accordance with the city's appointment cycle.
2.74.030 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.
2.74.040 Mission and responsibilities.
A. Beginning in 2019, and every seven years thereafter, the commission shall have the
duty to review the salaries paid by the city to each elected city official. The commission
shall complete its review within 120 days of the first meeting of the commission. The
City Council may approve a request from the commission for an extension of the 120 -day
review period.
B. 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.
C. 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.
D. Salary increases established by the commission shall be effective as to all city elected
officials, regardless of their terms of office.
E. 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.
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F. If after review the commission determines that the salary paid to any elected city
official should not be increased or decreased, then the commission shall file a written
determination with the city clerk indicating that no salary adjustment is appropriate.
2.74.050 Referendum.
Any salary increase or decrease established by the 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.
2.74.060 Meetings, officers, records and quorum.
A. The committee may meet as necessary during the 120 -day review period described in
BIMC 2.74.040.A but shall establish a regular meeting schedule and announce the
specific day and time each month that the committee will conduct its regular meetings
during the review period. Meetings shall be open to the public and held in accordance
with the Open Public Meetings Act (Chapter 42.30 RCW).
B. Beginning in 2019, and every seven years thereafter that a new commission is
appointed by the mayor and approved by the City Council, the commission, at its first
regular meeting, shall select from among its members a chairperson and a secretary.
C. Minutes of each meeting, including a record of attendance, shall be prepared by the
secretary and approved by the commission and signed by the chairperson at a subsequent
meeting. The minutes do not need to reflect the actual discussion, but only the formal
actions taken by the commission. The approved meeting minutes shall be posted on the
city's website.
D. The city shall provide city email accounts to voting members and related training on
the use of email accounts, including personal computer privacy expectations while
serving on the commission.
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E. A majority of the voting members then serving on the commission shall constitute a
quorum.
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