Chapter 5.08 Payment Of Salaries, Wages And Expenses


5.08.010 Biweekly Pay Period.

All officers and employees of the City shall be paid for time earned and allowed under provisions of this Code.  Such payments shall be biweekly.  A pay period shall hereafter comprise 14 calendar days.  Thursday, October 1, 1953, will be the first day and Wednesday, October 14, 1953, will be the last day of the first pay period; thereafter, each pay period will commence on Thursday and extend through the Wednesday of the second week.


5.08.020 Preparation and Certification of Biweekly Time Reports.
 
(Amended by Ordinance Nos. 132896, 136888,  147197 and 180917; effective May 26, 2007.)
 
A.  It shall be the duty of the head of each appropriation unit to cause to be prepared, to approve, and to certify biweekly time reports for employees whose time deviates from standard biweekly hours and standard cost centers or when an employee is not to be paid, and cause the same to be transmitted to Central Payroll.
Biweekly time reports are not necessary for employees who worked their standard hours and whose time gets charged to the standard cost center.  A payroll warrant will be automatically written for active employees whose standard time gets charged to their standard cost centers.  However, each bureau manager shall submit a certification to the Accounting Division to the effect that all employees who will be paid and for whom no time report is submitted, did in fact, render the services to be paid.
 
B.  Such biweekly time reports shall contain a statement of each applicable employee of the hours on duty, including overtime which has been approved by the Commissioner In Charge, or the Auditor as to his department; and the hours of duty, including vacation, holidays, sick leave, compensatory time off; and other leaves of absence with pay.  A notation shall also be made of the number of days absent because of injury in the line of duty.  A notation shall also be made of sick leave used or disability or pension benefits paid as a result of an injury by a third party.
 
C.  In addition to the above, the biweekly time reports covering a member of Portland Fire & Rescue assigned to a 56‑hour week shall carry a notation as to the number of regular duty hours worked in excess of the average of 112 hours biweekly.  Such excess hours shall be accumulated and credited to those normal work periods that do not provide for an average biweekly accumulation of 112 hours.

D.  The biweekly time reports shall be transmitted to the Auditor not later than the Friday following each pay period; provided, if the Thursday or Friday is a holiday, an additional day shall be allowed.
 
E.   In the event of error or omission requiring payroll adjustment as a result of any provision of a labor agreement such as failure to notify an employee of a change of shift schedule, assignment to duty of an employee not entitled to such assignment under contractual requirements, or other error or omission which can appropriately be adjusted by an adjustment on the biweekly time report, the biweekly time report shall carry a notation concerning the error or omission which is the basis of such adjustment.

5.08.030 Computing Daily and Hourly Rates of Pay.
 
(Amended by Ordinance No. 180917, effective May 26, 2007.)  The daily rate for all employees except those of Portland Fire & Rescue assigned to a 56‑hour week shall be determined by dividing the biweekly rate by the number 10 and the hourly rate by dividing such daily rate by 8.  The daily rate for the employees of Portland Fire & Rescue assigned to a 56‑hour week shall be determined by dividing the biweekly rate by the number 14 and the hourly rate shall be determined by dividing such daily rate by 8.

5.08.040 When Auditor to Draw Checks.

(Amended by Ordinance Nos. 136887, 160146 and 173369 effective May 12, 1999.)  When the biweekly time report shall have been approved by the head of the appropriation unit as being correct and by the Personnel Director that the employees were employed according to law, then the Auditor shall prepare the payroll records and draw and deliver checks not later than the second Friday following the end of each pay period or at such time as required by applicable federal or state law in accordance with Chapter 5.08.120 of the City Code in payment of salaries of officers and employees for payroll so certified; provided, that where such Friday is a holiday, checks shall be delivered the day previous.


5.08.050 Allowance for Use of Private Automobile.

(Repealed by Ordinance No. 175485, effective July 1, 2001.)


5.08.060 Safety Glasses.

Safety glasses shall be worn by employees working in an area where a continuous eye hazard exists, subject to the conditions set forth in this Section.

A.  The Employee Relations Office shall investigate units in which there may be continuous eye hazards and shall report the findings, and make recommendations to the Commissioner of Finance.  The Commissioner of Finance, subject to the approval of the Commissioner In Charge of the unit concerned shall authorize a safety glasses program for a unit or for employees within a unit who may perform duty which is a continuous hazard to the eyes;

B.  Safety glasses with safety frames and uncorrected lenses (planos) will be supplied by the City without cost to the employee.  Employees who need corrective lenses will obtain the prescription for their lenses at their own expense from a doctor of their own choosing.  In addition, such employees will also bear the cost of the ground lenses and frames.  However, if corrective lenses and frames are obtained through the City, the City will allow as a credit the amount which the City pays for planos with standard safety frames;

C.  Payment for corrective lenses and frames will be made to the supplier by the City, which in turn will collect such cost from the employee, less the allowance for planos with standard frames.  Such collections shall be turned over to the City Treasurer to be credited to the appropriate revenue account;

D.  The expenditure of City funds for safety glasses shall be limited to those units where a continuous eye hazard exists;

E.  Corrective glasses will be property of the employee.  Planos will be the property of the City.  Replacement of broken glasses will be made on the same basis as the originals were obtained;

F.  Once issued, safety glasses are to be worn at all times while in the hazardous work area as a condition of employment.


5.08.070 Clothing Allowance.
 
(Amended by Ordinance Nos. 131329, 141241 and 180917, effective May 26, 2007.)  Each employee of the Bureau of Police or Portland Fire & Rescue who is to receive an annual clothing allowance as provided in Section 3.20.170 or Section 3.22.100 shall be paid such clothing allowance as follows:
 
A.  The clothing allowance shall be at the rates specified in the current contracts with the Portland Fire Fighters Association Local 43 IAFF and the Portland Police Association.
 
B.  The clothing allowance shall be payable on or after July 1 of each year from funds budgeted for this purpose.  Eligibility for such payment and the amount of the payment for each eligible employee shall be dependent on the assignment of the employee and the duration of such assignment during the previous fiscal year.
 
C.  An employee who has served for less than a full year in a position for which a clothing allowance is authorized shall receive an allowance prorated for the number of full calendar months served.  For the purpose of this Section, time served shall not include leave without pay, nor time on sick leave and/or disability benefits in excess of a total of 30 days during the fiscal year.
 
D.  An eligible employee who separates from the City service shall receive a prorated allowance at the time of separation.  The rate of such payment shall be the same as that paid during the fiscal year of separation.

5.08.075 Year Defined.

“Year” means the fiscal year, from July 1 to June 30 inclusive, as established by ORS 294.095 and 293.605, unless otherwise expressly indicated in this Code.


5.08.090 Travel Expenses.

(Repealed by Ordinance No. 175485, effective July 1, 2001.)


5.08.095 Miscellaneous Expenses.

(Repealed by Ordinance No. 175485, effective July 1, 2001.)


5.08.100 Rules For Travel and Miscellaneous Expenses.

(Repealed by Ordinance No. 176302, effective April 5, 2002.)


5.08.105 Reimbursement to employees in Educational Programs Authorized by the Council.

(Added by Ordinance No. 133632; passed and effective Nov. 10, 1971.)  Whenever the Council has authorized an off-duty educational program for employees on an individual basis to improve professional skills and has provided for reimbursing the employee for specific expenditures upon his successful completion of a course in accordance with the requirements for the program, reimbursement will be made upon requisition to the City Auditor approved by the City Personnel Officer.  For employees on a General Fund payroll, the reimbursement shall be charged to the General Fund.  Reimbursement for an employee on a special fund payroll shall be charged to that special fund.


5.08.110 Bus Fare for Meter Readers.

Meter readers of the Bureau of Water Works shall be paid additional compensation over and above their salary as an allowance for bus fare while traveling in the line of duty is such bus fare has not been paid directly by the Bureau of Water Works.  The additional compensation to be paid each meter reader shall be at the rate of $17.50 per month, which shall be prorated for any part of a month in which the employee has not been required to pay his own bus fare.


5.08.120 Payment of Salaries and Wages at Other Than Times Specified.

Whenever it becomes necessary to pay for labor or overtime at other than the specified times indicated by this Chapter, time reports shall be certified as soon as may be required and transmitted to the Auditor for payment.


5.08.130 Salaries Chargeable to More Than One Fund.

(Amended by Ordinance No. 173369, effective May 12, 1999.)  When the payroll of any bureau or department is made up of persons whose salaries are chargeable to more than one fund, such salaries may be paid by checks drawn on one such fund in the manner provided for regular payrolls provided that in such cases the bureau or department head shall draw an interdepartmental bill at the end of each month, charging the appropriation of the proper fund and crediting the revenue of the fund from which payment was made.


5.08.140 Salary Deductions.

(Replaced by Ordinance No. 172205; amended by 172562, 173326, 176426, 177833, 179023, 179643, 181483, 182887, 184215, 184257, 184399, 185028, 185536 and 186272, effective October 2, 2013 .)

 

A.  Salary and wage deductions, other than Public Employees Retirement System, Worker’s Compensation Self-Insurance and assignments or garnishments prescribed by law or authorized by an employee, shall be made on the biweekly payrolls.  Only the employee may authorize voluntary deductions or changes in exemptions for tax withholding purposes.  Each authorization bearing the signature of the employee shall be kept on file by the Office of Management and Finance.

 

1.  Federal Income and Withholding Tax

 

2.  Social Security and Medicare

 

3.  State Income and Withholding Tax

 

4.  Savings Bonds-City Treasurer

 

5.  Workers’ compensation Self-Insurance

 

6.  Public Employees Retirement System

 

7.  PACE Credit Union

 

8.  MULTCO Employees Credit Union

 

9.  IBEW Credit Union

 

10.  ING Financial Advisors, LLC

 

11.  PACE Credit Union-Deferred Compensation

 

12.  ICMA-Deferred Compensation

 

13.  ITT Hartford-Deferred Compensation

 

14.  Nationwide Retirement Solutions

 

15.  Portland Police Commanding Officers Association-PPCOA

 

16.  Portland Metropolitan Employees Union, DCTU, Local 189

 

17.  Painters and Allied Trade Union, Local 10

 

18.  International Brotherhood of Electrical Workers, Local 48

 

19.  Willamette Lodge, IAMAW, Local 63

 

20.  Operating Engineers, Local 701

 

21.  United Association of Plumbing & Pipe Fitting, Local 290

 

22.  Auto Mechanics, Mt. Hood Lodge, Local 105

 

23.  Municipal Employees Union, Local 483

 

24.  Portland Police Association

 

25.  Fire Fighter Association, Local 43

 

26.  City of Portland Professional Employees Association, COPPEA

 

27.  City Treasurer Trustee Fund for Benefit of Portland Police Contributions Committee-Police Special Contributions

 

28.  Portland Police Beneficiary Association

 

29.  Portland Police Historical Society

 

30.  Portland Police Athletic Association

 

31.  Fire & Police Insurance Association

 

32.  Fire & Police Disability and Retirement Fund

 

33.  Nationwide Auto Insurance

 

34.  Family Cancer Plan Insurance Company

 

35.  Kaiser Health Plan

 

36.  Standard Insurance

 

37.  Portland Building Fitness Center

 

38.  Maintenance Bureau Fitness Center

 

39.  Parking Patrol’s Fitness Center

 

40.  Portland Police Fitness Room Trustee Fund

 

41.  C-Tran Employee Transit Program

 

42.  Portland Police Relocation Loan Program Repayment Fund.

 

43.  Z-Man Scholarship Foundation.

 

44.  Portland Police Association Cover Foundation.

 

45.  Police Activities League of Greater Portland.

 

46.  Jeff Morris Fire & Life Safety Foundation.

 

47.  Boys & Girls Clubs of Portland Metropolitan Area.

 

48.  Oregon 529 College Savings Plan.

 

49.  Portland Police Honor Guard.

 

B.  Each entity or agency authorized by Subsection A. to receive money through the use of the payroll deduction system, except those agencies or entities referred to in Subsection C., shall pay to the City a fee of 50 cents for each payroll deduction that is made from an employee’s paycheck.

 

C.  The entities or agencies whose names are preceded by the numbers described herein shall not be required to pay the fee described in Subsection B.: 1., 2., 3., 4., 5., 6., 10., 11., 12., 13., 14., 15., 16., 17., 18., 19., 20., 21., 22., 23., 24., 25., 26., 31., 32., 35., 36., 43., 44., 45.,  46., 47., 48. and 49. 


5.08.150 State Tax Street Fund.

Whenever salaries chargeable to the State Tax Street Fund are paid on payrolls charged to the General Fund, the Commissioner of Public Works may at the beginning of each month, estimate the amount of service to be charged during the ensuing month and transfer such amount from the State Tax Street Fund to the General Fund by departmental bill.  At the end of each month, when the exact amount chargeable to the State Tax Street Fund is determined the amount transferred must be correct by departmental bill.


5.08.160 Delivery of Checks payable to Deceased Persons.

(Amended by Ordinance Nos. 133986 and 173369, effective May 12, 1999.)  Delivery of checks payable to any person employed by the City, or payable to any person receiving disability or retirement benefits from the City, shall be made in the following manner upon the death of such person:

A.  Where the person’s estate is admitted to probate in any county in Oregon, delivery shall be made to the representative thereof after the Auditor has been furnished a certified copy of letters testamentary or letters of administration;

B.  Where the person’s estate is admitted to probate outside this state, delivery shall be made as provided in Subdivision A of this Section, except that the Auditor shall first notify the Department of Revenue of the total amount to be paid.  Delivery of checks shall not be made less than 30 days after notice to the department of revenue and 90 days after death;

C.  Where the person’s estate is not probated, and the heir or next of kin making claim for checks is a resident of Oregon, delivery shall be made to that heir or next of kin after that individual has furnished the Auditor a hold harmless agreement as provided in Section 5.08.170;

D.  Where the person’s estate is not probated, and the heir or next of kin making claim for checks is not a resident of Oregon, delivery shall be made to that heir or next of kin after that individual has furnished the Auditor a hold harmless agreement as provided in Section 5.08.170 and if the amounts total more than $200 a bond, underwritten by a surety authorized to do business in this State, to defend and indemnify the City, its officers, agents and employees against any claim, suit, action or judgment arising out of the delivery or payment of the checks;

E.  Checks payable to deceased employees, or to persons entitled to disability or retirement benefits prior to their death, shall be drawn in the usual course of business only, and shall be delivered by the Auditor as provided by this Section, without further action of Council;

F.  The Auditor shall attach to each check issued under this Section an authorization for transfer in the following form:

AUTHORIZATION FOR CHECK TRANSFER
KNOW ALL MEN BY THESE PRESENTS

That . . . . . .  (name of applicant) has applied for transfer of Check No. . . . . . .  dated . . . . . . 19 . . ., payable to . . . . . (name of payee), deceased, as . . . . . . . . . (Heir, next of kin, executor or administrator of the estate), that pursuant to Title 5 of the Code of the City of Portland, as amended, I am authorized to deliver said check to . . . . . . . . . . . .  (name of applicant) and the Treasurer of the City of Portland is directed to cash the same upon.. . . . . . . . . . . . . . . . endorsement thereof.

PLEASE DO NOT DETACH

. . . . . . . . . . . . . . . . . . . . . . .

Auditor of the City of Portland

By

                  Deputy

The Auditor shall furnish the Treasurer a copy of all authorizations for transfer he issues, and the Treasurer shall honor all checks described in the authorizations for transfer when endorsed by the applicant named therein.


5.08.170 Hold Harmless Agreements.

(Amended by Ordinance No. 173369, effective May 12, 1999.)  Hold harmless agreements required by subdivisions C and D of Section 5.08.160 shall be in the following form:

  HOLD HARMLESS AGREEMENT

WHEREAS there was due and owing by the City of Portland, Oregon, to

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .who died . . . . . . . . . . . . . .. . . . , 19 . . . . , the sum of $ . . . . . . . . . . . . . .representing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  and the Auditor of the City of Portland holds said sum in the form of checks drawn payable to the said deceased; and

  WHEREAS there will be no probate of the decedent’s estate and I, as . . . . . . . . . . . . . . . . . . . . . . . (heir, next of kin) of the deceased, have applied to the Auditor of the City of Portland for delivery of these checks according to the provisions of Title 5 of the Portland Municipal Code, as amended, whereby the Auditor may deliver these checks to me, as . . . . . . . . . . . . . . . . . . . . . , (heir, next of kin) only upon condition that I first release and discharge the City of Portland, its officers, agents and employees from all liability with respect to delivery of these checks and payment thereof, and agree to defend and indemnify the City of Portland, its officers, agents and employees therefrom;

  NOW, THEREFORE, in consideration of the payment to me of said sum, I hereby release and discharge the City of Portland, its officers, agents and employees from all liability arising from or consequent upon the payment to me of said sum and I hereby assume and agree to and with said City, its officers, agents and employees that I will defend and indemnify them against any claim, suit, action or judgment in consequence of the delivery of checks for, or payment of, said sum.

  IN WITNESS WHEREOF, I have hereunto set my hand and seal this

. . . . . . . day of . . . . . . . . . . . . . , 19 . . . .
. . . . . . . . . . . . . . . . .(SEAL)
 . . . . . . . . . . . . . . . . . . . . . . .
Address

WITNESS:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address

Approved as to form:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
City Attorney

 


5.08.180 Effect of Death upon Assignments and Levies.

A.  The Auditor shall recognize no power of Attorney or assignment of wages, salary, disability or retirement benefits, reimbursement of expenses or contributions, or any other monies owing a person by virtue of past or present employment with the City, after the death of that person, notwithstanding Section 5.12.030.

B.  If the Auditor receives notice of garnishment (except from the State Tax Commission of Oregon) or an order for payment of money into any federal or state court in Oregon, which notice or order applies to wages, salary or other monies due an employee of the City, and the employee is deceased or dies at any time before return is made thereon, the Auditor shall hold all monies pending further order of court and shall immediately notify the City Attorney of the notice or order and of the employee’s death.  Upon receipt of this notice the City Attorney shall file a supplemental pleading in the case wherein the garnishment or levy was undertaken, to advise the court of the employee’s death and to obtain an order of court as to what disposition should be made of the monies held by the Auditor.  The procedure authorized herein shall be followed notwithstanding Section 5.12.050.

C.  The Auditor shall make a return upon any notice of levy issued by the United States Treasury Department and any notice of garnishment issued by the State Tax Commission of Oregon, of wages, salary or other monies due an employee of the City, if the employee is living at the time the notice is served.  If the employee is deceased at the time the notice is served, the Auditor shall:

1.  Make payment as provided in Section 5.08.160, advising the recipient thereof, in writing, of the existence of the tax lien; and

2.  Notify the taxing authority, in writing, of the fact and date of the employee’s death, the date and amount of the payment, the name and address of the recipient thereof, and the recipient’s relationship to the deceased.  The procedure authorized herein shall be followed notwithstanding Section 5.12.050.