Loading...
HomeMy WebLinkAboutORD 2010-15 - Amending Council CompensationORDINANCE NO. b0-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS (``CITY") AS TO AMENDING SECTION 2.16.010 and 2.16.020 OF THE CODE ..OF ORDINANCES AS IT PERTAINS TO COMPENSATION OR EXPENSE REIMBURSEMENT FOR THE MAYOR AND COUNCILMEMBERS; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, per Ord. 2000-63 and Ord. 900213, Chapter 2.16 of the Code of Ordinances states the following: Sec. 2.16.010 Mayor's salary The Mayor shall be paid a salary of $350.00 per month, paid monthly; during the term for which he or she is elected. Sec. 2.16.020 City Council salaries Each Councilmember shall receive a salary of $200.00 per mont which he or she is elected. h, paid monthly, during the term for WHEREAS, Section 2.15 of the City Charter states the following; The Mayor Shall name a committee, composed of qualified Voters, whose responsibility will be to review, at least every two(2) years, the salaries of the Mayor and Council members, and make recommendations regarding those salaries. The report of the committee shall be made at a regular g g p g Council meeting and shall .require an official act by Council to either enact, alter or reject the recommendations. In all cases where action alters existing salaries for Mayor and Council members, the changes in salaries will begin immediately following the next election of City officials. WHEREAS, on April 8, 2008, the City Council adopted the recommendations of the Committee as presented by the Committee Chairman which are attached hereto as Exhibit "A", and WHEREAS, the following re Commendations were approved; Base Operational Expense compensation is intended to defer a portion of the normal expenses incurred while serving in the office, transportation costs and maintaining communication with constituents. This monthly payment should be $300 for each cou cilmember and $450 for the Mayor. No expense Statement or accounting of the detailed expenses incurred will be required. Personal Expense Compensation is intended to be an optional stipend for those council members it as a way to partially offset the economic loss they incur as a and the Mayor who wish to accept result of serving on the council. A payment of $800 per month for council members and for the Mayor is recommended to be an annual option available. WHEREAS, the 2010 committee has made their recommendations as delineated in Exhibit "B". NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL GEORGETOWN, TEXAS THAT OF THE CITY OF Section 1. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. That Sections 2.16.010 and 2.16.020 of the Code of Ordinances is herein amended as denoted in Exhibit «C,,: Section 3. That a Sample form for the Statement of Expenses or Lost Income is attached as Exhibit «p„ Section 4. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This ordinance shall become effective on June 1, 2010 in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED ON FIRST READING on the day of _ 20100 PASSED AND APPROVED ON SECOND READING on the day of or 1 2010. ATTEST: THE CI -Y OF GEORG TOW %# V _ sica HamilVo n, City Secretary APPR VED Ar0004 S TO FORM: Mark Sokolow, City Attorney 4 George G. Garver, Mayor EXHIBIT "A" AGENDA ITEM COVER SHEET MD, b . tone .. hn1.$dbyPi I A Report to Georgetown City Council By the Council Compensation Committee - The Council Compensation Committee was charged as per the City Charter with reviewing. "the salaries of the Mayor and Council members, and making recommendations regarding those salaries"(Sec. 2.15 Home Rule' Charter), The committee believes that appropriate compensation is an important aspect of council service. However, we are also unanimous in our belief that council service should be driven by a sense of public service, not an expectation that full compensation for either time or trouble 'can or should be expected. In making our recommendations, we have reviewed the current y compensation system, stem, � il compensation in Georgetown, and examined comparative looked at the history of Counc compensation data from .other cities in the area. We have also asked the city attorney, the tax accountant for city's accounting firm, and the city manager to review our proposals from a legal, finance, and operational (respectively) point of view. In order to avoid some of the `ambiguity that vve found in the current compensation plan, we will use some key terminology as defined below. A) "Compensation" designates any payment to a council member by the city. This is a broad term that encompasses both salary and expenses. B) ``Salary" is the term used for payment for services rendered. C) ".Supplemental compensation" refers to payments by the city to council members for lost income -and/or documented expenses. D) "host income" refers -to wages, salary, billable hours or business Income. that a person does not received because of time spent during normal working hours on city business. E) "Wages" refers to hourly pay, salary, billable hours or income from a business that is one's primary livelihood. F) "Expenses" refers to documented out of pocket payments for activities connected with service on the Council. Our review of the recommendations - and the Council's action - from 2008 did not question the total maximum amounts that were recommended: $300 as a base salary for all council members ($450for the Mayor), and an additional, optional $800. Our first recommendation will be that the $00/$450 monthly salaries be continued, and that an optional supplemental compensation in an amount up to $800 be continued. The former should be clearly identified as a salary far services performed and be aid automaticall p Y to all members of council and the mayor. This salary payment conforms to previous payment programs for Council. The committee finds that the other portion of current council compensation, $800/month, is not clearly defined in the previous: recommendations. We believe its use should be clarified and modified. We are in no way questioning the honesty or integrity of the process as it has been applied the past two years.. Our point is that the current system can lead to differing plausible interpretations. In going forward a clearer understanding of this supplemental. compensation payment is needed so that everyone is operating in the same manner. We believe this will maintain equity in reporting within the city's operations and help provide the citizens with the transparency they deserve. There is a persistent ambiguity embedded in the description of this supplemental compensation. The broad justification for this payment centers on the importance of opening service on council to a broader spectrum of citizens. The payment was described in 2008. as a `.:`personal expense .compensation" to "partially offset the economic loss they • » - incur. But is this because of lost income,. payment for out of4pocket expenses, or a little of both? A second issue the committee felt it needed to address was the lack of transparency involved in these $800 payments. No reporting or documentation is required for the, payments, yet these payments are meant to be in response to specific economic losses that result from service on Council. We believe that the citizens have a right to know what specific kinds of _economic losses are being supported by city tax dollars and how those loses are calculated. We also affirm the importance of council members following the same rules as other. city employees when it comes to reimbursement for expenses. An `alternative to having differing interpretations of the 2008 recommendations, and as a way to deal with the. -issue, the committee -considered simply eliminatin g pp the supplemental compensation payment. However, we decided against this approach because of the 2008 committee's overarching rationale for providing .this option that it encourages broader participation in council service because it eliminates, or, at least partially mitigates, the loss of income that may deter some, citizens from considering service. The 2008 recommendations stated "The City Council should strive to have members re resentin p g the full spectrum of citizens of Georgetown, and candidates for these offices should not be unduly inhibited from serving by the expenses of the office or by the financial -sacrifices they snake while performing city duties." Our recommendations are designed to maintain this important objective. We also considered whether or not the supplemental compensation simply could sim be . Y folded into the $300/$450 salary, That would'.elirninate paperwork and be straightforward. We cannot recommend this approach because it does not address the goal of increasing participation, and it ignores the question of accountabilitY and the need for transparency. In addition it would,place Georgetown's salaries for council service well beyond the ..range of similar cities: The following recommendations are designed to establish a system for council compensation, which clearly identifies two different types of compensation available to council members and the mayor .and differentiates between how they : should be treated. As mentioned above, our first recommendation is that the $300 a monthpaY mentAo council members ($450 to the mayor) be..co.ntinued, and that it be clearly identified as a J salary for services rendered. Until 2008, this payment was consistently identified as "salary" or "compensation." These terms are reasonably clear. However, "base operational expense" is not clear. We recommend that the $300/$450a ment be clearly Y identified as salary for services rendered. If a council member wishes topay some out of pocket expenses out of his/her salary, he or she is free to do so.. That decision is strictly between that person and the IRS. Council should not cloud the matter by g inferrin that this payment is somehow for unspecified expenses. It is sim 1 a salary for serving, pY Y g Second, we recommend that the $800 monthlysupplemental. com compensation remain p a n as an optional payment, but that $800 be a cap on monthlypayments not an automatic p amount, Y u_ . We have already alluded to the fact that the committee is pleased . withand sup oras the i pp effort in the 200.8 committee's report to provide a financial basis that encourag es council membership for the full spectrum of our citizens. This payment recognizes that. some individuals may be reluctant to run for a council seat because the would lose wages . Y when called on to carry out council business Burin their normal working hours. g � However., the committee finds that the phrase used to describe this possibility, "economic loss," does not make this apparent. r.. Hence, our third recommendation is that council members may be compensated u to y p p an additional $800 a month for two distinct forms. of financial loss: loss of income because of engagement in city business during normal al hours • and out of ocket expen p pe ses incurred as a result of carrying out one's responsibility as an elected official. Adopting this recommendation will affirm the appropriateness of o en_ing potential council l service to a larger group of our citizens, commit to transparency for the voters in this area of council policy decision making, make the payment of expenses accountable and affirm p �. that council follows the same reporting and documentation rules as other citY employees. em to ees. We did consider restricting this supplemental compensation only to a for lost income, p Y pay me. That could have been the intent in .the 2008 recommendation, but we are not sure, We decided not to restrict the use in this way, however, and to - -out include reimbursement for o of pocket expenses as part of supplemental compensation. We believe that -a council member who does incur expenses in the process of serving on council should be able to e at east partially reimbursed for. those. expenses without adverse tax consequences. IRS regulations allow deductions for business: ex only h those. enses to the extent to whic expenses exceed 2% of one's adjusted gross income. Fourth, since the supplemental compensation is a variable amount de pending o p g n expenses and time spent on city affairs, requests .for reimbursement are to be made on a monthly basis...,...For eXpens.es.the...do.cumentation._.re .uirements will_ q be the same_as for. -other city employees. Since a council member and the mayor are ultimatel responsible to the Y_ citizens, his/her signature on an appropriatel documented expense ense reimbursement Y p request...i's su ficzent authorization for payment. Compensation for Jost wages will be based on a simple,- signed written request i..entif in. the number of workday hours s Y g y pent ' on city business .and the reimbursement rate appropriate for the requestor. This reimbursement along with the base salary is subject to federal income tax. Fifth and finally we have heard, although in an informal way, that there may be council members who are interested in shielding some of their compensation from federal income tax by utilizing various city benefit programs. The committee. has no objections to exploring this alternative in the future but does not recommend such action at.thls time. Any .such. future study, however, should start with the reco 'tion that a council member's participation in any benefit. program should not increase direct costs to the city, Even without council benefits .becoming an added cost to the cihoweverbene fit tY, extension is a complex issue. It should be deferred until an adequate study can be done of comparable policies in other similar cities and until. the city's and the nation's economic climate is more fully recovered. It also would require a careful educational program for the city's citizens because it would be natural. for a benefits extension to be viewed as the extension of an entitlement that could be regarded with suspicion b some voters. p Y Respectfully submitted, will Mo B en Oliver, Chair Of 4 4000c, kickikWiesner April 5, 2010 EXHIBIT "c" Sec. 2.16.010 BASE SALARY (A) The Mayor shall receive a Base Salary of $450 per month. (B) The Mayor Pro Tem shall receive a Base Salary of $300 per month. (C) The Council members shall receive a Base Salary of $300 per month. Sec. 2.16.020 SUPPLEMENTAL COMPENSATION The Mayor, Mayor Pro Tem and each Council member may at their discretion also receive supplemental compensation up to $800 per month for reimbursement of expenses or for reimbursement of lost income during one's normal working hours as a result of preparation for or for attendance at committees, council meetings or for other city business. (A) An itemized statement of expenses or lost income ("Exhibit D") shall be required to be filed monthly with the City Finance Department. The statement will include a listing of monthly expenses and lost income related to the Council member's service to the City. The signed statement from the Council member will be sufficient authorization for such payment up to $800 per month. This payment is considered taxable income, and the council member shall be responsible for keeping the backup documentation. (B) In the event the Council member has reimbursable receipts, for items such as phone expenses or meal expense, as well as, for documented mileage per IRS guidelines, those expenses will be reimbursed by the City as non-taxable expense reimbursement to the Council member and will not be included in the reimbursement in Section (A). The City will retain copies of all non-taxable expense reimbursements and the supporting documentation. (C) The total about of monthly reimbursement from items (A) and (B) cannot exceed $800 per month. (D) In addition to those sums, the City will also pay the actual expenses for Council members to attend training sessions, conferences or seminars sponsored or affiliated with the Texas Municipal League, as well as other opportunities that are directly approved by the City Council. Reimbursements will be made in accordance with the City's Travel Policy. SAMPLE FORM EXHIBIT "D" CITY COUNCIL MEMBER STATEMENT OF XPENSES OR LOST INCOME For the month of , 20_, 1 hereby certify that I have th expenses or lost income; I. EXPENSES: (a) Phone Expense: (b) miles at I.R.S. rate: (c) Home office expense for aside for City business, area set e following (d) Other expenses: ** Please itemize: "These items can be reimbursed non-taxable per IRS guidelines when detail receipts are provided to the City. LOST INCOME: (e) Lost income: $ (Hourly rate X Hours spent... TOTAL REIMBURSEMENT $ In no case can the amount of reimbursement exceed $800 per month. Signed on the day of , 20