57.1 Secondary Employment. Officers other than probationary police officers shall be allowed to engage in secondary employment, subject to the following conditions:
57.1.1 Officers shall obtain an extra employment permit before engaging in secondary employment. If the Bureau disapproves of the type of outside employment requested by the officer, the officer shall not engage in the outside employment unless the Bureau’s decision is subsequently changed or overturned.
57.1.2 The outside employment shall not pose a conflict of interest with Bureau employment.
57.1.3 The outside employment shall not detract from the officer’s performance as a Bureau employee.
57.1.4 The officer’s Bureau employment must always remain the officer’s primary job.
57.1.5 No officer shall work more than 20 hours per week of secondary employment. Excluded from the twenty (20) hours is vacation, compensatory, or holiday time an officer takes off to work at an off duty job (i.e., an officer could take forty (40) hours vacation and work forty (40) hours plus the allowed twenty (20) hours for a total of sixty (60) hours of work in the secondary employment during a week).
57.1.6 If the officer challenges the denial of a request for secondary employment, the officer shall have the burden of proving that the City’s decision was arbitrary and capricious. The parties agree to reassess this standard of proof when the contract is next open for negotiations.
57.2 Special Duty for Second Employers. During the term of this Agreement, the Bureau shall implement a system whereby officers other than probationary police officers are allowed to perform special duty work for a second employer. For the purposes of this Agreement, “special duty work” shall mean uniform or non-uniform work outside the officer’s regular shift contracted by the Bureau with secondary employers. The Bureau shall have the discretion to design the system, subject to the following limitations:
57.2.1 The Association shall be responsible for the scheduling of the special duty work. Officers desiring special duty work shall notify the Association of the days of the week and hours on which they will be available for work, and of any particular type of work they do not desire to perform.
57.2.2 The Association shall allocate the work on a rotating basis to officers who have indicated a desire to perform special duty work. When an officer has worked special duty, the officer shall be dropped to the bottom of the rotation list. If the special duty employer requests officers with special skills, the work shall be allocated to the individuals highest on the rotation list who possess the special skills. The Bureau has the right to honor a special duty employer’s request that a particular officer or officers not be assigned the requested special duty work. Disputes concerning the manner in which the Association administers its responsibility to schedule officers for special duty work shall be raised exclusively with the Association, and shall not be subject to the grievance procedure in this Agreement. The City shall have the right to refuse to assign an officer special duty work if the special duty work detracts from the officer’s performance as a Bureau employee, or if the special duty work is inconsistent with the officer’s employment status with the Bureau (e.g., the officer is on disability status). The City shall not be liable to officers for good-faith mistakes in the allocation of special duty work.
57.2.3 The Bureau reserves the right to establish reasonable qualifications for specific types of special duty work.
57.2.4 Special duty work shall be performed at no lower hourly rate of pay than that received by a straight-time top-step police officer without regard to the rank of the officer performing the work. However, if the Bureau determines that a sergeant should be assigned, and the sergeant performs supervisory duties while on special duty, the hourly rate of pay for the sergeant shall be no lower than the hourly rate of pay received by a straight-time top-step sergeant. If no sergeant is willing to perform the work, the officer working in the sergeant’s role shall be paid no lower than the hourly rate of pay received by a straight-time top-step sergeant.
57.2.5 The Bureau shall provide portable radios to each officer performing special duty work.
57.2.6 Officers shall remain employees of the City of Portland while performing special duty work.
57.2.7 If particular special duty work requires specialized training, and if the Bureau either conducts or coordinates the training, officers who have indicated an interest in the work which requires the specialized training shall be selected for the training in the order of seniority. The Bureau reserves the right to establish the appropriate number of officers necessary to be trained in order to fill the needs of the second employer.
57.2.8 All special duty work shall be voluntary.
57.2.9 No officer shall work more than 20 hours per week of special duty work. Excluded from the twenty (20) hours is vacation, compensatory, or holiday time an officer takes off to work at an off-duty job (i.e., an officer could take forty (40) hours vacation and work forty (40) hours plus the allowed twenty (20) hours for a total of sixty (60) hours of work at the special duty job during a week).
57.2.10 No officer shall solicit special duty work from a special duty employer.
57.2.11 For purposes of retirement under Chapter 5 of the Portland City Charter (Fire and Police Disability, Retirement and Death Benefit Plan), special duty work outside of an officer’s regular work hours constitutes overtime. In the event that the Board of Trustees includes special duty pay in “base pay” for purposes of retirement under Chapter 5, the parties agree to meet and negotiate a substitute provision.
57.2.12 For purposes of retirement under the Public Employee Retirement System (PERS), special duty work for a second employer is not intended to constitute “salary”. In the event that PERS determines that special duty work for a second employer requires employer/employee contributions to PERS, the parties agree to meet and negotiate a substitute provision.
57.2.13 In the event that the U.S. Department of Labor or the Oregon State Wage and Hour Division finds any provision of the special duty section of this Article to be in violation of federal or state wage and hour provisions, the parties agree to meet and negotiate a substitute provision.
57.2.14 The Bureau shall be responsible for negotiating all special duty contracts with second employers. When the Bureau receives a request for special duty work from a second employer with whom a contract has been reached, the Bureau shall notify the Association of the request. If the Association receives a request for special duty work directly from a second employer, the Association shall notify the Bureau of the request and shall ensure that the City has reached a contract with the special duty employer before it allocates the work in question.
57.2.15 The parties recognize that the Association’s role in administering this Article will require the expenditure of the time of Association officers as well as miscellaneous additional expenses. For these reasons, and because the parties jointly recognize that the special duty employment of police officers will be of benefit to the City, the City agrees to assign the Association’s Secretary-Treasurer to the Association’s office for the purpose of administering this Article. The Association agrees to reimburse the City for 50% of the Association Secretary-Treasurer’s police salary and fringe benefits, as those terms have been applied in Article 11 of this Agreement. The Secretary-Treasurer shall continue to accrue sick leave and vacation hours at the rates called for by this collective bargaining agreement. The City shall bill the Association for half the salary of the Secretary-Treasurer. At the conclusion of the Secretary-Treasurer’s term of office, the City shall bill the Association for 50% of the dollar value of the difference between the Secretary-Treasurer’s then-current vacation accrual and the Secretary-Treasurer’s vacation accrual as of the time the Secretary-Treasurer assumed office.
57.2.16 The City and the Association, by mutual written agreement, may terminate the use of the Association to schedule the special duty work at any time. The City, on sixty (60) days written notice to the Association, may terminate the use of the Association to schedule the special duty work because of the Association’s failure to adequately perform its responsibilities under this section. Should the City elect to terminate the use of the Association to schedule the special duty work, the Association may challenge such decision by submitting a grievance directly to the arbitration step of the grievance procedure in this Agreement.