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065 of 1992 - AN ORDINANCE RELATING TO THE ESTABLISHMENT OF A CITIZENS' COMPENSATION ADVISORY COMMITTEE, THE APPOI0 92-1 0 92-24 SALT LAKE CITY ORDINANCE No. 65 of 1992 (The Citizens' Compensation Advisory Committee) AN ORDINANCE RELATING TO THE ESTABLISHMENT OF A CITIZENS' COMPENSATION ADVISORY COMMITTEE, THE APPOINTMENT OF MEMBERS TO THE COMMITTEE AND THE DUTIES AND RESPONSIBILITIES OF THE COMMITTEE. PREAMBLE The Mayor and the City Council have the authority and responsibility to establish compensation levels for their employees. The Mayor and City Council believe, however, that it would be useful to them, in setting compensation levels for elected officials and City employees, if they received additional input from a committee comprised of Salt Lake City citizens. Section 10-3-1219 of the Utah Code Ann. states that the Mayor has the power to appoint, with the advice and consent of the City Council, committees of the municipality, except as may otherwise be specifically limited by law. Under Utah law, the Mayor and the City Council constitute two separate and equal branches of City government. As a result, the City Council has the authority to set compensation levels for the elected officials and employees of the City Council. Therefore, the Mayor's power to appoint a committee to review compensation levels of the City Council and its employees is limited by the separation of powers doctrine. The Mayor and the City Council believe, however, that it would be more efficient if the Mayor and the City Council utilized one committee of Salt Lake City citizens to review compensation for their respective employees rather than having two separate committees for the City Council and the City Council's employees and the Mayor and the Mayor's employees. Accordingly, the Mayor and the City Council jointly want to establish a Citizens' Advisory Committee to make recommendations regarding compensation for the City's elected officials and employees. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this ordinance is to create the Citizens' Compensation Advisory Committee (the "Committee") and provide for its duties and responsibilities in making recommendations regarding the compensation of the City's elected officials and employees. SECTION 2. APPOINTMENT OF MEMBERS TO THE COMMITTEE. A. The Committee shall be comprised of seven members appointed as follows: 1. Three members shall be appointed by the Mayor. 2. Three members shall be appointed by the City Council. 3. One member shall be appointed by the other six appointed members. B. In appointing the members to the Committee, the Mayor and the City Council shall give consideration to achieving representation from a broad cross section within the Salt Lake City community of occupational, professional, employee and 2 management interests including persons from academia, business, community councils, and organized labor, and persons with compensation expertise. No member of the Committee shall be deemed an employee of the City. SECTION 3. MEMBERS OF THE COMMITTEE ARE VOLUNTEERS. Members of the Committee shall perform their services on the Committee without pay or other compensation except expenses actually and reasonably incurred as approved by the Mayor and the City Council. Members shall be deemed volunteers as defined in Sections 67-20-1 et seq. of the Utah Code Ann. and as such shall be immune from any liability with respect to any decision and action taken in the performance of their duties and responsibilities on the Committee as provided by Sections 63-30b- 1 et seq. of the Utah Code Ann. SECTION 4. TERMS OF THE COMMITTEE MEMBERS. One of the initial members of the Committee appointed by the Mayor shall serve for two years, one of the initial members of the Committee appointed by the City Council shall serve one initial member appointed by the other for two years and the six members of the Committee shall serve for a term of two years. The remaining four initial members of the Committee shall each serve for a term of four years. All persons appointed thereafter to the Committee shall serve four year terms. SECTION 5. ORGANIZATION OF THE COMMITTEE. The Committee shall select a chair and a vice chair at its first meeting. Any vacancy on the Committee shall be filled for the unexpired term 3 of the vacated member in the same manner as the vacated member was appointed. Four members of the Committee shall constitute a quorum. The Committee shall take no action or make any determination without the concurrence of the majority of its members being present. SECTION 6. DUTIES OF THE COMMITTEE. With the purpose of evaluating the compensation levels of the City's elected officials and employees and making recommendations to the Mayor and the City Council, the Committee shall: 1. Determine a market, comprised of public and private employers, which, if surveyed, would provide reliable, competitive compensation comparisons to the pay practices of the City; 2. Conduct a survey of the selected comparable employers to determine wages and benefits paid by those employers to their employees; 3. Analyze the survey data; 4. Determine the appropriate competitive position of City pay levels relative to the central tendency of surveyed employer pay levels 5. Evaluate the compensation of the City's elected officials and employees relative to the survey data; 6. Do other studies as the Committee deems necessary to perform its duties and formulate the recommendations required herein; 7. On or before February 1 of each fiscal year, prepare and 4 submit a written report to the Mayor and the City Council containing the following: a. A list of public and private employers the Committee relied upon for its compensation comparisons and the factors the Committee used to select the comparable employers; b. A summary of the Committee's findings based on the survey data; c. Recommendations, based on the survey data, of the appropriate competitive position for the City relative to the compensation practices of comparable employers. d. Recommendations regarding the wages and benefits of the City's elected officials and executive employees; e. General recommendations regarding the mix of compensation for City employees, e.g. base salary, benefits, incentives; f. Recommendations regarding revisions, modifications or changes, if any, which should be made to the compensation practices of the City. 8. Provide other advice and recommendations, or perform other studies related to the compensation of the City's elected officials and employees as may, from time to time, be requested by the Mayor and the City Council. 9. Unless otherwise directed by the Mayor and the City Council, the Committee shall make no recommendations or studies regarding job classifications, working conditions, grievance 5 processes or other noncompensation matters. SECTION 7. MEETINGS. Meetings may be ordered by the majority of the Committee, its Chairperson, the Mayor or the City Council. Notice shall be provided as required in the Open and Public Meetings Act, Sections 52-4-1, et seq. of the Utah Code Ann. The Committee may close the meeting if allowed under Section 52-4-5 of the Utah Code Ann., upon affirmative vote of two-thirds of the members of the Committee in an open meeting for which notice is given provided a quorum is present. The meeting shall be closed if the discussions relate to records which are defined as protected or private under the Government Records Access and Management Act, Sections 63-2-201 et seq. of the Utah Code Ann. or any ordinance adopted by the City Council pursuant to said Act. SECTION 8. STAFF SUPPORT FROM THE DEPARTMENT OF MANAGEMENT SERVICES. The Department of Management Services shall provide staff support to the Committee to assist the Committee in the performance of its duties. SECTION 9. THE COMMITTEE'S ACTIONS SHALL NOT BIND THE MAYOR AND THE CITY COUNCIL. The recommendations of the Committee shall not be deemed to bind the Mayor and the City Council in their determination of compensation levels for their employees. Nothing herein shall be construed to be a delegation of the Mayor's and the City Council's responsibility and authority to establish the compensation levels for their employees. SECTION 10. EFFECTIVE DATE. 6 lst This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this day of September ATTEST: .HtEF DEPU.i ITY RECORDER , 1992 CHAIRPERSON Transmitted to the Mayor on Mayor's Action: ATTEST: _ma D1:!'U1 CITY REORDER FMN:cc Published 9-11-92 Approved k MAYOR 7 APPROVED AS TO FORM Salt Lake City Attorney's Otfice Date &3y.