H-1418.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1093
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By House Committee on Local Government (originally sponsored by Representatives Zellinsky, R. Fisher, Bray, Springer, Rayburn, Dunshee, Edmondson, Foreman, Brough, Miller and Forner)
Read first time 02/12/93.
AN ACT Relating to compensation for local officials; and amending RCW 35.17.108, 35.18.220, 35.22.205, 35.23.220, 35.24.090, 35.27.130, 35A.12.070, 35A.13.040, 36.17.020, and 53.12.260.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35.17.108 and 1967 c 100 s 1 are each amended to read as follows:
((The
annual salaries of)) Compensation for the mayor and the
commissioners of any city operating under a commission form of government shall
be as fixed by ((charter or)) ordinance ((of said city)). The
power and authority conferred by this section shall be construed as in addition
and supplemental to powers or authority conferred by any other law, and nothing
contained herein shall be construed as limiting any other powers or authority
of any such city.
An ordinance establishing compensation for commissioners that is a salary or other compensation measured on a per day or per meeting basis must describe the compensation in terms of a discrete dollar amount and may not provide for periodic increases referenced to anything. If any ordinance in effect on the effective date of this act establishes such compensation that is not described in a discrete dollar amount, but references various factors to establish the compensation, the compensation shall be limited to the level of compensation as calculated the day immediately preceding the effective date of this act and no increases shall be paid in reference to these factors.
Sec. 2. RCW 35.18.220 and 1965 c 7 s 35.18.220 are each amended to read as follows:
Each
member of the council shall receive such compensation as may be provided by ((law
to cities of the class to which it belongs)) ordinance. The city
manager and other officers or assistants shall receive such salary or
compensation as the council shall fix by ordinance and shall be payable at such
times as the council may determine.
An ordinance establishing compensation for councilmembers that is a salary or other compensation measured on a per day or per meeting basis must describe the compensation in terms of a discrete dollar amount and may not provide for periodic increases referenced to anything. If any ordinance in effect on the effective date of this act establishes such compensation that is not described in a discrete dollar amount, but references various factors to establish the compensation, the compensation shall be limited to the level of compensation as calculated the day immediately preceding the effective date of this act and no increases shall be paid in reference to these factors.
Sec. 3. RCW 35.22.205 and 1965 c 7 s 35.22.205 are each amended to read as follows:
The compensation and the time to be devoted to the performance of the duties of the mayor and elected officials of all cities of the first class shall be as fixed by ordinance of said city irrespective of any city charter provisions.
An ordinance establishing compensation for elected city officials that is a salary or other compensation measured on a per day or per meeting basis must describe the compensation in terms of a discrete dollar amount and may not provide for periodic increases referenced to anything. If any ordinance in effect on the effective date of this act establishes such compensation that is not described in a discrete dollar amount, but references various factors to establish the compensation, the compensation shall be limited to the level of compensation as calculated the day immediately preceding the effective date of this act and no increases shall be paid in reference to these factors.
Sec. 4. RCW 35.23.220 and 1969 ex.s. c 270 s 7 are each amended to read as follows:
The
city council shall fix ((the salary of all officials ()) compensation
for all city officials, except library trustees who shall serve without
compensation and any other officer where provision is made by this title that
such officer shall serve without compensation(())).
No
officer or official shall be allowed any extra or additional compensation,
either directly or indirectly, for the rendition of services that the city
council have authority to require ((of him)) the officer or official
to perform by virtue of ((his)) the officer's or official's
office.
((The
salaries of all city officers shall be paid monthly.)) An ordinance
establishing compensation for city officials that is a salary or other
compensation measured on a per day or per meeting basis must describe the
compensation in terms of a discrete dollar amount and may not provide for periodic
increases referenced to anything. If any ordinance in effect on the effective
date of this act establishes such compensation for city officials that is not
described in a discrete dollar amount, but references various factors to
establish the compensation, the compensation shall be limited to the level of
compensation as calculated the day immediately preceding the effective date of
this act and no increases shall be paid in reference to these factors.
Sec. 5. RCW 35.24.090 and 1990 c 212 s 1 are each amended to read as follows:
The
mayor and the members of the city council may be reimbursed for actual expenses
incurred in the discharge of their official duties, upon presentation of a
claim therefor, after allowance and approval thereof, by resolution of the city
council((; and each city councilmember may be paid for attending council
meetings an amount which shall be fixed by ordinance and may be revised from
time to time by ordinance, but any increase or reduction in the compensation
attaching to an office shall not be applicable to the term then being served by
the incumbent)).
The city attorney, clerk and treasurer, if elective, shall severally receive at stated times a compensation to be fixed by ordinance by the city council.
The mayor and other officers shall receive such compensation as may be fixed by the city council at the time the estimates are made as provided by law. An ordinance establishing compensation for the mayor or a city councilmember that is a salary or other compensation measured on a per day or per meeting basis must describe the compensation in terms of a discrete dollar amount and may not provide for periodic increases referenced to anything. If any ordinance in effect on the effective date of this act establishes such compensation for the mayor or a city councilmember that is not described in a discrete dollar amount, but references various factors to establish the compensation, the compensation shall be limited to the level of compensation as calculated the day immediately preceding the effective date of this act and no increases shall be paid in reference to these factors.
Any city that provides a pension for any of its employees under a plan not administered by the state must notify the state auditor of the existence of the plan at the time of an audit of the city by the auditor. No city may establish a pension plan for its employees that is not administered by the state, except that any defined contribution plan in existence as of January 1, 1990, is deemed to have been authorized. No city that provides a defined contribution plan for its employees as authorized by this section may make any material changes in the terms or conditions of the plan after June 7, 1990.
Sec. 6. RCW 35.27.130 and 1990 c 212 s 2 are each amended to read as follows:
The mayor and members of the town council may be reimbursed for actual expenses incurred in the discharge of their official duties upon presentation of a claim therefor and its allowance and approval by resolution of the town council.
The
mayor and members of the council may also receive such ((salary)) compensation
as the council may fix by ordinance. An ordinance establishing compensation
for the mayor or city councilmembers that is a salary or other compensation
measured on a per day or per meeting basis must describe the compensation in
terms of a discrete dollar amount and may not provide for periodic increases
referenced to anything. If any ordinance in effect on the effective date of
this act establishes such compensation for the mayor or councilmembers that is
not described in a discrete dollar amount, but references various factors to
establish the compensation, the compensation shall be limited to the level of
compensation as calculated the day immediately preceding the effective date of
this act and no increases shall be paid in reference to these factors.
The treasurer and treasurer-clerk shall severally receive at stated times a compensation to be fixed by ordinance.
The compensation of all other officers shall be fixed from time to time by the council.
Any town that provides a pension for any of its employees under a plan not administered by the state must notify the state auditor of the existence of the plan at the time of an audit of the town by the auditor. No town may establish a pension plan for its employees that is not administered by the state, except that any defined contribution plan in existence as of January 1, 1990, is deemed to have been authorized. No town that provides a defined contribution plan for its employees as authorized by this section may make any material changes in the terms or conditions of the plan after June 7, 1990.
Sec. 7. RCW 35A.12.070 and 1971 ex.s. c 251 s 5 are each amended to read as follows:
((The
salaries of)) Compensation for the mayor and the ((councilmen))
councilmembers shall be fixed by ordinance and may be revised from time
to time by ordinance((, but any increase in the compensation attaching to an
office shall not be applicable to the term then being served by the incumbent
if such incumbent is a member of the city legislative body fixing his own
compensation or as mayor in a mayor-council code city casts a tie-breaking vote
relating to such ordinance: PROVIDED, That)). An ordinance
establishing compensation for the mayor or city councilmembers that is a salary
or other compensation measured on a per day or per meeting basis must describe
the compensation in terms of a discrete dollar amount and may not provide for
periodic increases referenced to anything. If any ordinance in effect on the
effective date of this act establishes such compensation for the mayor or
councilmembers that is not described in a discrete dollar amount, but
references various factors to establish the compensation, the compensation
shall be limited to the level of compensation as calculated the day immediately
preceding the effective date of this act and no increases shall be paid in
reference to these factors. Compensation for the mayor may be increased during
the mayor's current term of office if the mayor of such a city does not
cast ((such)) a tie-breaking vote((, his salary may be
increased during his term of office)) to adopt the ordinance revising
the compensation for the mayor.
Until
the first elective officers of a newly organized code city under this
mayor-council plan of government may lawfully be paid the compensation provided
by ((such salary)) an ordinance establishing different levels
of compensation, such officers shall be entitled to be compensated in the
same manner and in the same amount as the compensation paid to officers of such
city performing comparable services immediately prior to adoption of this
mayor-council plan.
Until
((a salary ordinance can be passed and become effective as to)) elective
officers of a newly incorporated code city may lawfully be paid the
compensation provided by an ordinance establishing different levels of
compensation, such first elective officers shall be entitled to
compensation as follows: In cities having less than five thousand inhabitants,
the mayor shall be entitled to a salary of one hundred and fifty dollars per
calendar month and a ((councilman)) councilmember shall be
entitled to twenty dollars per meeting for not more than two meetings per
month; in cities having more than five thousand but less than fifteen thousand
inhabitants, the mayor shall be entitled to a salary of three hundred and fifty
dollars per calendar month and a ((councilman)) councilmember
shall be entitled to one hundred and fifty dollars per calendar month; in
cities having more than fifteen thousand inhabitants, the mayor shall be
entitled to a salary of twelve hundred and fifty dollars per calendar month and
a ((councilman)) councilmember shall be entitled to four hundred
dollars per calendar month((: PROVIDED, That such interim compensation
shall remain in effect only until a salary ordinance is passed and becomes
effective as to such officers, and the amounts herein provided shall not be
construed as fixing the usual salary of such officers)).
The
mayor and ((councilmen)) councilmembers shall receive
reimbursement for their actual and necessary expenses incurred in the
performance of the duties of their office, or the council by ordinance may
provide for a per diem allowance. Procedure for approval of claims for
expenses shall be as provided by ordinance.
Sec. 8. RCW 35A.13.040 and 1979 ex.s. c 18 s 25 are each amended to read as follows:
((The
salaries of the councilmen)) Compensation for councilmembers,
including the mayor, shall be fixed by ordinance and may be revised from time
to time by ordinance((, but any increase or reduction in the compensation
attaching to an office shall not become effective until the expiration of the
term then being served by the incumbent: PROVIDED, That compensation of
councilmen may not be increased or diminished after their election nor may the
compensation of the mayor be increased or diminished after the mayor has been
chosen by the council)). An ordinance establishing compensation for the
mayor or city councilmembers that is a salary or other compensation measured on
a per day or per meeting basis must describe the compensation in terms of a
discrete dollar amount and may not provide for periodic increases referenced to
anything. If an ordinance in effect on the effective date of this act
establishes such compensation for councilmembers that is not described in a
discrete dollar amount, but references various factors to establish the
compensation, the compensation shall be limited to the level of compensation as
calculated the day immediately preceding the effective date of this act and no
increases shall be paid in reference to these factors.
Until
((councilmen)) councilmembers of a newly((-))organized
council-manager code city may lawfully be paid as provided by ((salary))
an ordinance establishing different levels of compensation, such
((councilmen)) councilmembers shall be entitled to compensation
in the same manner and in the same amount as ((councilmen)) councilmembers
of such city prior to the adoption of this council-manager plan.
Until
((a salary ordinance can be passed and become effective as to)) elective
officers of a newly incorporated code city may lawfully be paid the
compensation provided by an ordinance establishing different levels of
compensation, the first ((councilmen)) councilmembers shall
be entitled to compensation as follows: In cities having less than five
thousand inhabitants((‑-)) the councilmembers shall be entitled
to compensation at a rate of twenty dollars per meeting for not more than
two meetings per month; in cities having more than five thousand but less than
fifteen thousand inhabitants((‑-)) the councilmembers shall be
entitled to compensation at a salary of one hundred and fifty dollars per
calendar month; in cities having more than fifteen thousand inhabitants((‑-))
the councilmembers shall be entitled to compensation at a salary of four
hundred dollars per calendar month. ((A councilman)) The
councilmember who is occupying the position of mayor, in addition to ((his))
per day compensation or salary as a ((councilman)) councilmember,
shall be entitled, while serving as mayor, to an additional amount per
meeting or per calendar month, or portion thereof, equal to twenty-five
percent of the per meeting compensation rate or councilmanic salary((:
PROVIDED, That such interim compensation shall remain in effect only until a
salary ordinance is passed and becomes effective as to such officers, and the
compensation provided herein shall not be construed as fixing the usual
compensation of such officers)).
((Councilmen))
Councilmembers, including the mayor, shall receive reimbursement for
their actual and necessary expenses incurred in the performance of the duties
of their office, or the council by ordinance may provide for a per diem
allowance. Procedure for approval of claims for expenses shall be as provided
by ordinance.
Sec. 9. RCW 36.17.020 and 1991 c 363 s 52 are each amended to read as follows:
The
county legislative authority of each county ((is authorized to)) shall
by ordinance establish ((the salaries of)) compensation for
the elected officials of the county, other than superior court judges and
district court judges. 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, sixteen thousand five 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, eight thousand eight hundred 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, five thousand
five 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, four thousand 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.))
An ordinance establishing compensation for county officials that is a salary or other compensation measured on a per day or per meeting basis must describe the compensation in terms of a discrete dollar amount and may not provide for periodic increases referenced to anything. If any ordinance in effect on the effective date of this act establishes such compensation that is not described in a discrete dollar amount, but references various factors to establish the compensation, the compensation shall be limited to the level of compensation as calculated the day immediately preceding the effective date of this act and no increases shall be paid in reference to these factors.
Sec. 10. RCW 53.12.260 and 1992 c 146 s 12 are each amended to read as follows:
(1) Each commissioner of a port district shall receive fifty dollars per day or portion thereof spent (a) in actual attendance at official meetings of the port district commission, or (b) in performance of other service in behalf of the district. The total per diem compensation of a port commissioner shall not exceed four thousand eight hundred dollars in a year, or six thousand dollars in any year for a port district with gross operating income of twenty-five million or more in the preceding calendar year.
(2) Port commissioners shall receive additional compensation as follows: (a) Each commissioner of a port district with gross operating revenues of twenty-five million dollars or more in the preceding calendar year shall receive a salary of five hundred dollars per month; and (b) each commissioner of a port district with gross operating revenues of from one million dollars to less than twenty-five million dollars in the preceding calendar year shall receive a salary of two hundred dollars per month.
(3) In lieu of the compensation specified in this section, a port commission by resolution may set compensation to be paid to commissioners. A resolution establishing compensation for port commissioners that is a salary or other compensation measured on a per day or per meeting basis must describe the compensation in terms of a discrete dollar amount and may not provide for periodic increases referenced to anything.
(4) For any commissioner who has not elected to become a member of public employees retirement system before May 1, 1975, the compensation provided pursuant to this section shall not be considered salary for purposes of the provisions of any retirement system created pursuant to the general laws of this state nor shall attendance at such meetings or other service on behalf of the district constitute service as defined in RCW 41.40.010(9): PROVIDED, That in the case of a port district when commissioners are receiving compensation and contributing to the public employees retirement system, these benefits shall continue in full force and effect notwithstanding the provisions of RCW 53.12.260 and 53.12.265.
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