Proposed Amendment: Narrowing the Pay Differential Between the Council Members and the Executive

The following charter amendment was proposed by Roger Brown, at the February 9 Charter Review Commission meeting.

MEMO

February 9, 2015 

To: Whatcom County Charter Review Commission 

From: Roger Brown 

Re: Executive and Council Compensation 

Article 11, sections 3 through 5 of the Washington Constitution control the creation and governance of counties. The constitution allows for two forms of county government: the commission form and the home rule charter form. Of Washington's 39 counties, 33 "non-charter" counties operate under the commission form of government. According to the Municipal Research Service Center (MRSC), 

“The commission form is often referred to as the "plural executive" form of government. Under the commission form, the county governing body consists of a three-member board of commissioners, elected on a partisan basis, who serve as the county's legislative body and also perform executive functions. Counties with populations greater than 300,000 can increase the size of the commission from three to five members…  

Although there is no constitutional or statutory requirement for county commissioners to delegate any of their executive authority to a separately-appointed administrator, many of them have, to a limited degree, chosen to do so.”1 

The other six counties operate under home rule charters. Whatcom County is one of four Washington home rule charter counties governed by an elected council and a separately elected executive. The other three are Pierce, King and Snohomish counties. The charters of each of these four counties mandate distinct legislative and executive branches. The Whatcom County Charter states: 

“Article 1. Powers of the County
Section 1.50 Separation of Powers and Cooperation of Branches.
There shall be separation of powers into two branches of government: executive and legislative. Both branches are to dutifully fulfill their responsibilities and refrain from overextending their authority, as defined in this Charter…”2 

As noted, the commission form of government allocates equal power to each board member. The Council-Elected Executive form of government , however, requires careful partition of responsibilities and balancing of resources to ensure that each branch asserts only those authorities apportioned by law. Avoiding aggrandizement of power within the executive branch, where a single person directs the great majority of the County’s administrative apparatus, warrants particular attention. Setting appropriate compensation levels for the executive and legislative branches is a critically important element of this process. 

The Whatcom County Charter was approved in 1978. For the next 34 years, the County Council set salaries for all County officers. In 2011, the Council passed Ordinance 2011-026, which referred a Charter amendment to a vote of the people . The amendment provided for salaries to be set by an independent commission “ to eliminate the inherent conflict of an elected official setting his or her own potential future salary.”3 This amendment was approved and is now codified in the Charter as follows: 

“Section 6.100 Salaries of Elected Officials. 

The county council shall establish by ordinance and in accordance with law an independent ‘citizens’ commission on salaries for elected officials’ which shall fix the salaries for the county council, executive, assessor, auditor, prosecuting attorney, sheriff and treasurer. Salary commission members shall serve two year terms ending December 31, 2014 and every two years thereafter. Members of the salary commission shall serve without compensation, but may receive reimbursement for mileage to and from meetings and for other such expenses directly related to their service as provided by ordinance. 

The salary commission shall meet biennially and shall file the salary schedule with the county council and county auditor not later than May 1. The salary schedule shall become effective January 1 of the following calendar year and incorporated into the county budget without further action of the county council, county executive or salary commission...” (emphasis added). 

Hence, the unelected members of the Salary Commission set salaries based entirely on their own judgment - with no external policy constraints. This arrangement is admirable for independence but the inherent lack of accountability may not serve the public interest. The following table presents executive and legislative salaries for Whatcom County compared to the other three Council-Elected Executive governments. 

 

The column labeled “COUNCIL PCT OF EXEC PAY” shows council salary as a percentage of executive salary. This indicates that the council’s compensation, relative to that of the executive , is far lower in Whatcom County than in the other jurisdictions. 

The charters of King and Pierce counties specifically address the executive-legislative pay differential:

• King County: “…The county executive shall receive compensation at least one and one-half times the compensation paid to a councilman…” 4 Subject only to this limitation, the King County Council has authority to establish the compensation to be paid to all county officers and employees.
• Pierce County: “…Councilmembers shall be paid 60 percent of the Executive's compensation…”5 Pierce County does have a Commission on Salaries for Elected Officials. However it is an advisory body and does not make a final decision.6 

CONCLUSION

Compensation of the legislative branch in Whatcom County is extremely low relative to that of the executive branch, differing significantly in that respect from the other three counties using the Council-Elected Executive governance model. The reasons for this result are unclear, but in any case the disparity would seem to undermine the Council’s ability to function effectively as a separate and coequal branch of government. In effect, the current salary structure treats the Council as if its work can be accomplished on a part-time basis. I believe this premise is wrong, and that as a consequence many councilors are unable to give optimum attention and study to all the matters that come before them. The Charter Review Commission, whose members are elected and whose recommendations must be submitted for voter approval, should consider adopting policies to guide the Salary Commission. This seems especially appropriate in determining the executive and legislative pay differential, which affects the balance of power between these two branches. I have attached a proposed Charter amendment addressing this issue. It is based on the Pierce County document. cc Salary Commission 5 Pierce County Charter Section 2.20. 6 Snohomish County has a salary commission with powers that parallel those of the Whatcom County Salary Commission, but has produced results generally compatible with those for Pierce and King counties.4 

ATTACHMENT: PROPOSED CHARTER AMENDMENT

Section 6.100 Salaries of Elected Officials. 

The county council shall establish by ordinance and in accordance with law an independent “citizens’ commission on salaries for elected officials” which shall fix the salaries for the county council, executive, assessor, auditor, prosecuting attorney, sheriff and treasurer, provided that council members shall be paid 60 percent of the executive's compensation. Salary commission members shall serve two-year terms ending December 31, 2014 and every two years thereafter. Members of the salary commission shall serve without compensation, but may receive reimbursement for mileage to and from meetings and for other such expenses directly related to their service as provided by ordinance. 

The salary commission shall meet biennially and shall file the salary schedule with the county council and county auditor not later than May 1. The salary schedule shall become effective January 1 of the following calendar year and incorporated into the county budget without further action of the county council, county executive or salary commission. 

The salaries for the county council, executive, assessor, auditor, prosecuting attorney, sheriff and treasurer in effect on January 1, 2012 shall remain in effect until changed as provided herein. (Ord. 2011- 026 Exh. A)

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