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HomeMy WebLinkAboutProvisional Adoption Ordinance 1878, Consideration of Commission Compensation Changes Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Kukulski, City Manager SUBJECT: Provisional Adoption of Ordinance 1878 (Consideration of Commission Compensation Changes) MEETING DATE: Monday, December 2, 2013 AGENDA ITEM TYPE: Action RECOMMENDATION: That the Commission determine whether to adjust the salaries of the Mayor and Commissioners, the penalties for unexcused absences, and costs and expenses of their office and if so, provisionally adopt Ordinance 1878 determining which option to include. SUGGESTED MOTION: I move to provisionally adopt Ordinance 1878 including [insert desired option here for Sections 1 and 2 of the proposed Ordinance]. BACKGROUND: Mayor Becker asked for this motion to be considered by the Commission. Currently, Ordinance 1733 adopted on November 26, 2007 fixes the salaries of the City Commissioners at $900.00 per month and the Mayor’s pay at $1,350.00 per month. The annual salary amounts for the Mayor and Commissioners has not been adjusted since 2007. The City of Bozeman Charter (approved November 7, 2006) states at Section 2.04, Compensation; Expenses: that “The City Commission may determine the annual salary of the Mayor and Commission members by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of Commission members elected at the next regular election. The Mayor and Commission members shall receive their actual ordinary and necessary expenses incurred in the performance of their duties of office.” On November 18, 2013, the Commission directed me to prepare an Ordinance to include two options for changes to the annual salaries: Option 1: A lump sum adjustment to adjust for inflation and the cost of living. Mayor Becker estimated a proposed $300.00/month increase to Commissioners’ pay. The Mayor calculated this increase by using Bozeman’s minimum standards of living, including housing, public access, and cost of living. This formula was arrived at by using the average Bozeman calculated rent of $850.00 per month and reduced by the margin of error to $799.00 per month. By then calculating for an 320 estimated half-time commitment of Commissioners per month, and calculating that rent be no more than 1/3 of the cost of living, $300.00 was calculated as a lump sum increased adjustment. This adjustment would automatically trigger a $450.00 increase to the Mayor’s pay. The new monthly salary would therefore amount to $1,200.00 for Commissioner’s and $1,800.00 for the Mayor. There is no proposal to attach a COLA increase to this wage adjustment. Accordingly, Section Two of the Ordinance would reflect the penalty for unexcused absences by Commissioners and Mayor to $300.00 and $450.00. Option 2: A Cost of Living Adjustment based on Consumer Price Index (CPI) as determined by the Department of Labor Commissioner Mehl proposed an incremental cost of living adjustment, which is calculated yearly by the Department of Labor. Using the Western States CPI, the table below displays the incremental changes used from the effective date of Ordinance 1733 (2007) to the present to arrive at $993.38 for Commissioner monthly salary and $1,490.07 for the Mayor’s monthly salary: 2007 2008 2009 2010 2011 2012 2013 CPI - 3.5% (-0.4%) 1.1% 2.8% 1.7% 1.3% Commissioners $900.00 $931.50 $927.77 $937.98 $964.24 $980.63 $993.38 Mayor $1,350.00 $1,397.25 $1,391.65 $1,406.97 $1,446.36 $1,470.95 $1,490.07 For ease of use, the calculated proposed salaries above were rounded to $1,000.00 for Commissioner pay and $1,500.00 for the Mayor’s pay. Accordingly, Section Two of the Ordinance would reflect the penalty for unexcused absences by Commissioners and Mayor to $250.00 and $375.00. During the November 18, 2013 Commission discussion, Commissioner’s recognized that voters will consider appointing a local government study commission as prescribed by state law in 2014. If a study commission is appointed they could review the compensation for the Mayor and Commissioners. The change in compensation, as described in Sections One and Two of Ordinance 1878, will not go into effect until the commencement of the terms of the city commissioners and mayor elected in the 2015 general city election which date shall be the first regular meeting of the commission in January, 2016. In addition to the considerations above, I recommend changes to Section Three of Ordinance 1733. Amending the language to end the sentence after “incidental expenses” instead of “such as telephone calls, local mileage, supplies, and luncheon meetings” limits the need for alteration and updating of listed incidental expenses in the future. The effective date of the changes proposed in Section Three, specific to incidental expenses, would take effect beginning in February 2014 in accordance with Sec. 2.04. of the Charter, which states, “The mayor and commission members shall receive their actual ordinary and necessary expenses incurred in the performance of their duties of office.” UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by Commission. 321 FISCAL EFFECTS: If a change is made to the Commission Pay Ordinance, it would affect the wage benefit expenditures accordingly. Attachment: (Proposed) Ordinance 1878 Report compiled on: November 25, 2013 322 ORDINANCE NO. 1878 Page 1 of 3 ORDINANCE NO. 1878 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN. WHEREAS, Sec. 2.04 of the City of Bozeman Charter authorizes, the City Commission to determine the annual salary of the Commission and Mayor by ordinance; and WHEREAS, said section of the Charter also requires that no ordinance increasing such salary shall become effective until the date of commencement of the terms of commission members elected at the next regular election; and WHEREAS, said section of the Charter authorizes the mayor and commission members to receive, in addition to a salary, their actual ordinary and necessary expenses incurred in the performance of their duties of office. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 [Option 1/Lump Sum Adjustment] The salaries of the City Commissioners and the Mayor are hereby established as follows: for each month of service, the sum of $1,200.00 for each Commissioner. Pursuant to 2.02.150, BMC, for each month of service, the salary of the Commissioner acting as Mayor shall be one and one-half (1.5) times that of the other Commissioners, or the sum of $1,800.00. [Option 2/Consumer Price Index Adjustment] The salaries of the City Commissioners and the Mayor of the City of Bozeman are hereby established as follows: for each month of service, the sum of $1,000.00 for each Commissioner. Pursuant to 2.02.150, BMC, for each month of service, the salary of the Commissioner acting as Mayor shall be one and one-half (1.5) times that of the other Commissioners, or the sum of $1,500.00. Section 2 323 ORDINANCE NO. 1878 Page 2 of 3 [Option 1/Lump Sum Adjustment] In the event of an unexcused absence from a Commission meeting by a Commissioner, the sum of $300.00 shall be deducted from the monthly pay and for an unexcused absence by the Mayor from a Commission meeting, the sum of $450.00 shall be deducted from the monthly pay. [Option 2/Consumer Price Index Adjustment] In the event of an unexcused absence from a Commission meeting by a Commissioner, the sum of $250.00 shall be deducted from the monthly pay and for an unexcused absence by the Mayor from a Commission meeting, the sum of $375.00 shall be deducted from the monthly pay. Section 3 In addition to the salaries, the City Commissioners, other than the Mayor, shall receive a monthly allowance of $60.00 for incidental expenses. The Mayor shall receive a monthly allowance of $90.00 for incidental expenses. The Mayor and City Commissioners may be reimbursed for actual cost of other reimbursable expenses, such as registrations for conferences and seminars, dinner meetings and other in-state or out-of-town travel and expenses. Section 4 Effective Date. The salaries listed in Section One and the provisions of Section Two shall be effective at the commencement of the terms of the city commissioners and mayor elected in the 2015 general City election which date shall be the first regular meeting of the commission in January, 2016. The monthly allowances as indicated in Section Three shall be effective 30 days after passage and shall be applied beginning in February, 2014. Section 5 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 6 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. 324 ORDINANCE NO. 1878 Page 3 of 3 Section 7 This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances as determined by the City Clerk. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 2nd day of December, 2013. ____________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2013. _________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 325