S-3595.2 _______________________________________________
SENATE BILL 6017
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senators Winsley and Haugen
Read first time 01/10/94. Referred to Committee on Government Operations.
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 the mayor and the commissioners may provide for periodic increases which may be discrete dollar amounts for each year of the statutory term or may be referenced to established measures of economic activity which cannot be influenced by the city. As used in this section, "established measures of economic activity" means published, recurring indices of performance of the economy in which the city is situated.
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 may provide for periodic increases which may be discrete dollar amounts for each year of the statutory term or may be referenced to established measures of economic activity which cannot be influenced by the city. As used in this section, "established measures of economic activity" means published, recurring indices of performance of the economy in which the city is situated.
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 the mayor and councilmembers may provide for periodic increases which may be discrete dollar amounts for each year of the statutory term or may be referenced to established measures of economic activity which cannot be influenced by the city. As used in this section, "established measures of economic activity" means published, recurring indices of performance of the economy in which the city is situated.
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 the mayor
and councilmembers may provide for periodic increases which may be discrete
dollar amounts for each year of the statutory term or may be referenced to
established measures of economic activity which cannot be influenced by the
city. As used in this section, "established measures of economic
activity" means published, recurring indices of performance of the economy
in which the city is situated.
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 and councilmembers may provide for periodic increases which may be discrete dollar amounts for each year of the statutory term or may be referenced to established measures of economic activity which cannot be influenced by the city. As used in this section, "established measures of economic activity" means published, recurring indices of performance of the economy in which the city is situated.
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 1993 c 47 s 3 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 and
councilmembers may provide for periodic increases which may be discrete dollar
amounts for each year of the statutory term or may be referenced to established
measures of economic activity which cannot be influenced by the town. As used
in this section, "established measures of economic activity" means
published, recurring indices of performance of the economy in which the town is
situated.
The treasurer and treasurer-clerk shall severally receive at stated times a compensation to be fixed by ordinance.
The compensation of all other officers and employees 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
and councilmembers may provide for periodic increases which may be discrete
dollar amounts for each year of the statutory term or may be referenced to
established measures of economic activity which cannot be influenced by the
city. As used in this section, "established measures of economic
activity" means published, recurring indices of performance of the economy
in which the city is situated. 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 councilmembers, including the mayor, may provide for periodic
increases which may be discrete dollar amounts for each year of the statutory
term or may be referenced to established measures of economic activity which
cannot be influenced by the city. As used in this section, "established
measures of economic activity" means published, recurring indices of
performance of the economy in which the city is situated.
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 the members of the county legislative authority may provide for periodic increases which may be discrete dollar amounts for each year of the statutory term or may be referenced to established measures of economic activity which cannot be influenced by the county. As used in this section, "established measures of economic activity" means published, recurring indices of performance of the economy in which the county is situated. Nothing in this section affects any county home rule charter provision relating to the salary of the county executive.
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. An ordinance establishing compensation for port commissioners may provide for periodic increases which may be discrete dollar amounts for each year of the statutory term or may be referenced to established measures of economic activity which cannot be influenced by the district. As used in this section, "established measures of economic activity" means published, recurring indices of performance of the economy in which the district is situated.
(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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