HomeMy WebLinkAbout2000-002 Relating to the salary of the mayor, assistant mayor, and councilmembers; repealing the existing CPI indexing f •
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ORDINANCE NO. 2000- 0 2
AN ORDINANCE relating to the salary of the mayor, assistant mayor, and
councilmembers; repealing the existing CPI indexing formula for City
Council salary increases; and amending section 2.20.094 of the City of
Yakima Municipal Code to set current City Council salaries.
WHEREAS, the Washington State Auditor has issued an opinion stating that the CPI
indexing formula for City Council salary increases may violate the State Constitutional
prohibition against mid -term salary increases for elective officials; and
WHEREAS, the City Council deems it to be in the best interests of the City to repeal
the CPI indexing formula for City Council salary increases, and
WHEREAS, the City Council desires to reenact Yakima Municipal Code Section
2.20.094 to show the current City Council salary levels which have not been increased from
calendar year 1999 salary levels; and
Section 1. City of Yakima Municipal Code Section 2.20.094 is hereby amended to
read as follows:
"2.20.094 Salary of mayor, assistant mayor, and councilmembers--
Fringe benefits.
A. Salary of Mayor and Assistant Mayor. The mayor, a,a_ssistant
mayor, and City Council members other than the mayor and assistant mayor
shall be paid a salary computed and paid on a monthly basis. The salary of
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Position Salary Per Month
Mayor $1,043.95
Assistant Mayor $800.37
City Council Members $695.97
Provided, in the event either the mayor or a:xintant mayor who are
elected in January 1990 are not newly elected or re elected to the city council,
then the salary for such mayor and /or assistant mayor shall bc:
Mayor $650.00
Assistant-Mayor $325.00
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C. Formula for Incrcuse /Decrease of Salaries. Provided, that
commencing on January 1, 1993, and thereafter on the 1st day of January of
each successive year, the salaries paid to councilmembers, mayor, and
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indexes from June of 1998 to June of 1999.
The annual incrclzsc or decrease in salaries for the mayor, a:ristant
D B. Fringe Benefits. Commencing January 1, 1992, members of the
city council, including the mayor and assistant mayor, shall receive no
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compensation for serving as mayor, assistant mayor, or councilmember other
than the salary provided by subsections A, and B, and C of this section, and
the following additional benefits, which are authorized:
1. Reimbursement for expenditures as provided by Section 2.20.086
of this chapter;
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2. Protection of a five thousand dollar life insurance policy, with the
premium fully paid by the city;
3. Protection of Workmen's Compensation Insurance coverage under
the State Industrial Insurance system;
4. Protection by a policy of insurance known variously as professional
liability insurance or error and commission insurance, covering councilmembers
acting in their official capacity, with coverage in the same amount as obtained
from time to time for the protection of other city officers and employees, with the
premium fully paid by the city;
5. Payment by the city of its portion of Social Security payroll tax on
earnings of councilmembers; and any other benefits expressly required by
applicable laws;
6. Participation in the city employee welfare benefit program
established by Section 2.04.100 of this chapter, provided that an election and
payment are made as provided in Section 2.04.303(D)(4) of this chapter."
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
. approval, and publication as provided by law and by the City Charter.
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PASSED BY THE CITY COUNCIL, signed and approved this l ST day of
6152U' ..y' , 2000.
/Mary Place, Mayor
ATTEST:
City Clerk
Publication Date: c - -v".000
Effective Date: 3- - - g-OCO
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 16-
For Meeting Of 2-1 -00
ITEM TITLE: Ordinance repealing the CPI index formula for City Council salaries.
SUBMITTED BY: Dick Zais, City Manager and Raymond Paolella, City Attorney
CONTACT PERSON/TELEPHONE: Raymond Paolella, 575 - 6030
SUMMARY EXPLANATION: The attached Memorandum dated November 5, 1999 from the
Washington State Auditor's office expressed concern about whether City Council salaries can
legally be adjusted using a CPI indexing formula. Although this issue has not been definitively
settled by the courts, the auditor's office believes that this sort of salary increase may violate the
State Constitution's prohibition against elective officials raising their own salaries during their
current term of office.
Accordingly, the attached ordinance will repeal the CPI indexing formula for City Council
salaries to comport with the State Auditor's opinion letter. If this ordinance is passed, it is
recommended that the City Council establish a committee to formulate a new salary adjustment
system based on fixed percentage increases, thereby eliminating any possible argument about the
validity of City Council salary increases.
Resolution Ordinance Contract Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City NIanager
STAFF RECOMMENDATION: Enact Ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
(1s)agenda/
No. 1999 -01
STATE OF WASHINGTON BULLETIN Page: 1 of 1
State Auditor's Office Dates 111115/99-
E RECE;`V E
NOV 1 8 1999
rtP`C CE OF CITY ic',: ..
TO: All Political Subdivisions
FROM: Brian Sonntag, CGFM
State Auditor
SUBJECT: Salary Increases for Elected Officials and the Consumer Price Index
Many questions have arisen over the years about whether salaries for city council members or
county commissioners can be increased by tying them to an index, such as the Consumer Price
Index (CPI). Entities have stated they believe this sort of salary increase would not violate the
State Constitution's prohibition against elective officials raising their own salaries during their
current term of office or after their election.
However, we have consistently concluded over the years that this sort of salary increase is indeed
a violation of the State Constitution. We have stated, and continue to advise, that unless the
increase can be foreseen at the beginning of the term, salary increases connected to an index
violate the constitutional restriction. This conclusion has been supported by a Superior Court
decision, Telford v. Thurston County Commissioners and Thurston County, and informal
opinions by the Office of the Attorney General. Both these opinions may be acquired by
contacting Shawn Lewis on Team Technical Services at (360)586 -5074.
In an attempt to be more consistent in our reviews, all auditors will examine the salary increases
of elected officials in the entities they audit. if audit staff tind salary increases have been tied to
an index, they will make appropriate recommendations to your organization.
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