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.
