AN ACT Relating to
independent commissions to set salaries for city and town elected officials,
and county commissioners and councilmembers; amending RCW 35.22.200 and
36.17.020; adding a new section to chapter 35.21 RCW; adding a new section to
chapter 36.17 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature hereby
finds and declares that:
(1) Article XXX,
section 1 of the state Constitution permits midterm salary increases for
municipal officers who do not fix their own compensation;
(2) The Washington
citizens' commission on salaries for elected officials established pursuant to
Article XXVIII, section 1 of the state Constitution with voter approval has
assured that the compensation for state and county elected officials will be
fair and certain, while minimizing the dangers of midterm salary increases
being used to influence those officers in the performance of their duties;
(3) The same public
benefits of independent salary commissions should be extended to the setting of
compensation of municipal elected officers; and
(4) This act is
intended to clarify the intent of the legislature that existing state law
authorizes:
(a) The establishment
of independent salary commissions to set the salaries of city or town elected
officials, county commissioners, and county councilmembers; and
(b) The authority of
the voters of such cities, towns, and counties to review commission decisions
to increase or decrease such salaries by means of referendum.
Sec. 2. RCW 35.22.200 and 1965
ex.s. c 47 s 13 are each amended to read as follows:
The legislative powers
of a charter city shall be vested in a mayor and a city council, to consist of
such number of members and to have such powers as may be provided for in its
charter. The charter may provide for direct legislation by the people through
the initiative and referendum upon any matter within the scope of the powers,
functions, or duties of the city. The mayor and council and such other
elective officers as may be provided for in such charter shall be elected at
such times and in such manner as provided in Title 29 RCW, and for such terms
and shall perform such duties ((and receive such compensation)) as may
be prescribed in the charter, and shall receive compensation in accordance
with the process or standards of a charter provision or ordinance which
conforms with section 4 of this act.
Sec. 3. RCW 36.17.020 and 1994
sp.s. c 4 s 1 are each amended to read as follows:
The county legislative
authority of each county or a county commissioner or councilmember salary
commission which conforms with section 5 of this act is authorized to
establish the salaries of the elected officials of the county. One-half of the
salary of each prosecuting attorney shall be paid by the state. The annual
salary of a county elected official shall not be less than the following:
(1) In each county with
a population of one million or more: Auditor, clerk, treasurer, sheriff,
members of the county legislative authority, and coroner, eighteen thousand
dollars; assessor, nineteen thousand dollars; and prosecuting attorney, thirty
thousand three hundred dollars;
(2) In each county with
a population of from two hundred ten thousand to less than one million:
Auditor, seventeen thousand six hundred dollars; clerk, seventeen thousand six
hundred dollars; treasurer, seventeen thousand six hundred dollars; sheriff,
nineteen thousand five hundred dollars; assessor, seventeen thousand six
hundred dollars; prosecuting attorney, twenty-four thousand eight hundred
dollars; members of the county legislative authority, nineteen thousand five
hundred dollars; and coroner, seventeen thousand six hundred dollars;
(3) In each county with
a population of from one hundred twenty-five thousand to less than two hundred
ten thousand: Auditor, sixteen thousand dollars; clerk, sixteen thousand
dollars; treasurer, sixteen thousand dollars; sheriff, seventeen thousand six
hundred dollars; assessor, sixteen thousand dollars; prosecuting attorney,
twenty-four thousand eight hundred dollars; members of the county legislative
authority, seventeen thousand six hundred dollars; and coroner, sixteen
thousand dollars;
(4) In each county with
a population of from seventy thousand to less than one hundred twenty-five
thousand: Auditor, fourteen thousand nine hundred dollars; clerk, fourteen
thousand nine hundred dollars; treasurer, fourteen thousand nine hundred
dollars; assessor, fourteen thousand nine hundred dollars; sheriff, fourteen
thousand nine hundred dollars; prosecuting attorney, twenty-three thousand
seven hundred dollars; members of the county legislative authority, fourteen
thousand nine hundred dollars; and coroner, fourteen thousand nine hundred
dollars;
(5) In each county with
a population of from forty thousand to less than seventy thousand: Auditor,
thirteen thousand eight hundred dollars; clerk, thirteen thousand eight hundred
dollars; treasurer, thirteen thousand eight hundred dollars; assessor, thirteen
thousand eight hundred dollars; sheriff, thirteen thousand eight hundred
dollars; prosecuting attorney, twenty-three thousand seven hundred dollars;
members of the county legislative authority, thirteen thousand eight hundred
dollars; and coroner, thirteen thousand eight hundred dollars;
(6) In each county with
a population of from eighteen thousand to less than forty thousand: Auditor,
twelve thousand one hundred dollars; clerk, twelve thousand one hundred
dollars; treasurer, twelve thousand one hundred dollars; sheriff, twelve
thousand one hundred dollars; assessor, twelve thousand one hundred dollars;
prosecuting attorney in such a county in which there is no state university or
college, fourteen thousand three hundred dollars; in such a county in which
there is a state university or college, sixteen thousand five hundred dollars;
and members of the county legislative authority, eleven thousand dollars;
(7) In each county with
a population of from twelve thousand to less than eighteen thousand: Auditor,
ten thousand one hundred dollars; clerk, ten thousand one hundred dollars;
treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred
dollars; sheriff, eleven thousand two hundred dollars; prosecuting attorney,
thirteen thousand two hundred dollars; and members of the county legislative
authority, nine thousand four hundred dollars;
(8) In each county with
a population of from eight thousand to less than twelve thousand: Auditor, ten
thousand one hundred dollars; clerk, ten thousand one hundred dollars;
treasurer, ten thousand one hundred dollars; assessor, ten thousand one hundred
dollars; sheriff, eleven thousand two hundred dollars; prosecuting attorney,
nine thousand nine hundred dollars; and members of the county legislative
authority, seven thousand dollars;
(9) In each county with
a population of from five thousand to less than eight thousand: Auditor, nine
thousand one hundred dollars; clerk, nine thousand one hundred dollars;
treasurer, nine thousand one hundred dollars; assessor, nine thousand one
hundred dollars; sheriff, ten thousand five hundred dollars; prosecuting
attorney, nine thousand nine hundred dollars; and members of the county
legislative authority, six thousand five hundred dollars;
(10) In each other
county: Auditor, nine thousand one hundred dollars; clerk, nine thousand one
hundred dollars; treasurer, nine thousand one hundred dollars; sheriff, ten
thousand five hundred dollars; assessor, nine thousand one hundred dollars;
prosecuting attorney, nine thousand nine hundred dollars; and members of the
county legislative authority, six thousand five hundred dollars.
NEW SECTION. Sec.
4. A new section is added
to chapter 35.21 RCW to read as follows:
(1) Salaries for
elected officials of towns and cities may be set by salary commissions
established in accordance with city charter or by ordinance and in conformity
with this section.
(2) The members of such
commissions shall be appointed in accordance with the provisions of a city
charter, or as specified in this subsection:
(a) Shall be appointed
by the mayor with approval of the city council;
(b) May not be
appointed to more than two terms;
(c) May only be removed
during their terms of office for cause of incapacity, incompetence, neglect of
duty, or malfeasance in office or for a disqualifying change of residence; and
(d) May not include any
officer, official, or employee of the city or town 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.
(3) Any change in
salary shall be filed by the commission with the city clerk and shall become
effective and incorporated into the city or town budget without further action
of the city council or salary commission.
(4) Salary increases
established by the commission shall be effective as to all city or town elected
officials, regardless of their terms of office.
(5) Salary decreases
established by the commission shall become effective as to incumbent city or
town elected officials at the commencement of their next subsequent terms of
office.
(6) Salary increases
and decreases shall be subject to referendum petition by the people of the town
or city in the same manner as a city ordinance upon filing of such petition
with the city clerk within thirty 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.
(7) Referendum measures
under this section shall be submitted to the voters of the city or town 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 state Constitution, or city charter, or laws generally applicable to
referendum measures.
(8) The action fixing
the salary by a commission established in conformity with this section shall
supersede any other provision of state statute or city or town ordinance
related to municipal budgets or to the fixing of salaries.
(9) Salaries for mayors
and councilmembers established under an ordinance or charter provision in
existence on the effective date of this act that substantially complies with
this section shall remain in effect unless and until changed in accordance with
such charter provision or ordinance.
NEW SECTION. Sec.
5. A new section is added
to chapter 36.17 RCW to read as follows:
(1) Salaries for county
commissioners and councilmembers may be set by county commissioner and
councilmember salary commissions established by ordinance or resolution of the
county legislative authority and in conformity with this section.
(2) Commissions
established under subsection (1) of this section shall be known as the (Insert
name of county) county citizens' commission on salaries for elected
officials. Each commission shall consist of ten members appointed by the
county commissioner or executive with the approval of the county legislative
authority, or by a majority vote of the county legislative authority if there
is no single county commissioner or executive, as provided in this section.
(a) Six of the ten
commission members shall be selected by lot by the county auditor from among
those registered voters eligible to vote at the time persons are selected for
appointment to full terms on the commission under (c) of this subsection. In
noncharter counties, the county auditor shall select two commission members
living in each commissioner's district. The county auditor shall establish
policies and procedures for conducting the selection by lot. The policies and
procedures shall include, but not be limited to, those for notifying persons
selected and for providing a new selection from a commissioner's district if a
person selected from the district declines appointment to the commission or if,
following the person's appointment, the person's position on the commission
becomes vacant before the end of the person's term of office.
(b) The remaining four
of the ten commission members must be residents of the county and shall be
appointed by the county commissioner or executive with approval of the county
legislative authority, or by a majority vote of the county legislative
authority if there is no single county commissioner or executive. The persons
selected under this subsection shall have had experience in the field of
personnel management. Of these four members, one shall be selected from each
of the following four sectors in the county: Business, professional personnel
management, legal profession, and organized labor.
(c) If there is a
single county commissioner or executive, the county auditor shall forward the
names of persons selected under (a) of this subsection to the county
commissioner or executive who shall appoint these persons to the commission.
(d) No person may be
appointed to more than two terms. No member of the commission may be removed
by the county commissioner or executive, or county legislative authority if
there is no single county commissioner or executive, during his or her term of
office unless for cause of incapacity, incompetence, neglect of duty, or
malfeasance in office, or for a disqualifying change of residence.
(e) The members of the
commission may not include any officer, official, or employee of the county 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.
(f) Upon a vacancy in
any position on the commission, a successor shall be selected and appointed to
fill the unexpired term. The selection and appointment shall be concluded
within thirty days of the date the position becomes vacant and shall be
conducted in the same manner as for the original appointment.
(3) Any change in
salary shall be filed by the commission with the county auditor and shall
become effective and incorporated into the county budget without further action
of the county legislative authority or salary commission.
(4) Salary increases
established by the commission shall be effective as to county commissioners and
all members of the county legislative authority, regardless of their terms of
office.
(5) Salary decreases
established by the commission shall become effective as to incumbent county
commissioners and councilmembers at the commencement of their next subsequent
terms of office.
(6) Salary increases
and decreases shall be subject to referendum petition by the people of the
county in the same manner as a county ordinance upon filing of such petition
with the county auditor within thirty 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.
(7) Referendum measures
under this section shall be submitted to the voters of the county 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 state
Constitution and laws generally applicable to referendum measures.
(8) The action fixing
the salary of a county commissioner or councilmember by a commission
established in conformity with this section shall supersede any other provision
of state statute or county ordinance related to municipal budgets or to the
fixing of salaries of county commissioners and councilmembers.
(9) Salaries for county
commissioners and councilmembers established under an ordinance or resolution
of the county legislative authority in existence on the effective date of this
act that substantially complies with this section shall remain in effect unless
and until changed in accordance with such charter provision or ordinance.
NEW
SECTION. Sec. 6. If any provision of this
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected.
