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3.08.120 Hours of Work and Outside Employment
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A. Work Schedules.

1. Attendance and Reporting Time. Full-time employees shall perform a full day’s work each and every scheduled working day. Employees must be at their designated workspaces ready to work at their designated reporting times. Tardiness shall be a cause for disciplinary action. An employee who is not able to report for work at his/her designated time must notify his/her supervisor as soon as possible prior to the employee’s scheduled shift of his/her inability to report to work on time, the reason for being late, and an expected arrival time. Each employee shall remain at work until the end of his/her work day or work shift unless permission to leave earlier is granted by his/her supervisor or Department Head. An employee who cannot report for work due to illness or some other unavoidable reason is expected to notify his/her supervisor or Department Head as soon as practically possible but in no event later than the beginning of his/her next scheduled work day. Absence from work without prior notification to the employee’s supervisor or Department Head shall be considered an implied resignation by the employee unless circumstances beyond the control of the employee reasonably prevent the employee from reporting to work or notifying his or her supervisor or Department Head of the employee’s inability to report to work.

2. Hours of Work. Work hours are established by the City Administrator. Department Heads shall have personnel available to serve the public at all times during work hours, unless otherwise authorized by the City Administrator. Department Heads may establish flexible work schedules, subject to approval by the City Administrator, so long as department operations and public service requirements will not be adversely affected, and the alternative or flexible schedule does not conflict with other city policies, the Municipal Code, any applicable collective bargaining agreement or any applicable wage and hour law. An employee wishing to work an alternative or flexible work schedule shall submit a written request to his or her Department Head.

3. Work Week and Work Schedules. The standard work week for City employees is Sunday through Saturday. Except as may otherwise be defined in a collective bargaining agreement, work schedules for each department shall be determined by the Department Head, subject to approval by the City Administrator.

B. Rest and Meal Periods.

1. Rest Periods. Each employee shall be provided an uninterrupted rest period of fifteen (15) minutes for every four hours in a work period, to be taken as close as possible to the midpoint of each four-hour work period. Rest periods must be provided and taken separately from the employee’s meal period and cannot be saved up to lengthen the employee’s meal period or to allow an employee to leave work early.

2. Meal Periods. All employees who work more than six (6) hours in a work day shall be given a meal period during the employee’s work shift. Except when, due to the nature and circumstances of an employee’s work, an employee is required to remain on duty or to perform work tasks during the employee’s meal period, the employee’s meal period shall be taken as close as possible to the middle of the employee’s work shift. Meal periods shall be at least thirty (30) continuous minutes in length. Nonduty meal periods are the employee’s own personal time. During a nonduty meal period, an employee shall be free to leave his or her work station and shall not be expected to perform any work. In the event of an emergency or other circumstance in which an employee is required by his or her supervisor or Department Head to remain on duty or to perform work tasks during the employee’s designated meal period, the meal period will be paid time. Meal periods cannot be skipped or shortened to less than thirty (30) continuous minutes in length to allow an employee to leave work early.

3. Expression of Breast Milk. An employee shall be allowed an unpaid 30-minute rest period to express milk during each four-hour work period, or the major part of a four-hour work period, to be taken by the employee approximately in the middle of the work period unless the City determines an undue hardship under state law (ORS 653.077). The City may require, if feasible, that the employee take the rest periods at the same time as the rest periods or meal periods that are otherwise provided. This shall only apply to employees expressing milk for her child 18 months of age or younger. The City shall make reasonable efforts to provide a location, other than a public restroom or toilet stall, in close proximity to the employee’s work area for the employee to express milk in private.

C. Outside Employment. City employees may, in general, engage in employment or business outside their work for the City, with the written approval of the City Administrator. However, employees shall not utilize City time, materials, equipment or resources for such outside employment or business, or allow such employment or business to conflict with, or appear to conflict with, the employee’s work for the City or with the interests or business of the City. No employee may perform any service or employment, outside of City employment, or engage in any business for which the employee receives compensation during the employee’s City work hours. Employees may be subject to other requirements depending on department needs. Questions or issues regarding any actual, potential or apparent conflict of interest shall be resolved by the City Administrator.

In determining whether to permit outside employment, the City shall consider:

1. The need for mentally and physically alert employees.

2. Insulating employees from potential conflict of interest situations.

3. Maintaining efficiency unimpaired by other employment, particularly for those City positions requiring employees to be available for duty twenty-four (24) hours a day.

Any outside employment or business obligations must not interfere with or adversely affect the employee’s ability to fulfill all of the employee’s responsibilities to the City. If, in the judgment of the employee’s Department Head, an employee’s outside employment or business interferes with or adversely affects the employee’s performance of duties for the City, the Department Head may require the employee to terminate the outside employment or business. Under such circumstances, the failure or refusal of an employee to terminate outside employment may be grounds for termination of employment with the City. (Ord. 3078, added, 11/20/2012) (Ord. 3078, 2012.)