[Ord. 05-1082, § 1; Ord. 09-1229, § 2; Ord. 14-1350, § 1; Ord. 22-1487]
Sections 2.02.010 to 2.02.110 of this Metro Code will be known and cited as the "Metro Personnel Code."
The provisions in this chapter do not create a contract of employment. The Council retains the flexibility to change, substitute, and discontinue the policies and benefits described in this chapter, at any time, with or without notice to employees. No person has, or will be considered to have a vested interest in, or legitimate expectation of, continued employment with Metro, or any policy or benefit described in this chapter or otherwise generally followed by Metro. No contract of employment can be created, nor can an employee's at-will status be modified, by any oral or written agreement, or course of conduct, except by a written agreement signed by the Council President or Chief Operating Officer and the employee, and subject to the approval of the Council.
Notwithstanding the above paragraph, the Metro Council may delegate by resolution to the Chief Operating Officer the authority to execute a written employment agreement for: (1) an individual Executive-level position, or (2) for a group of Executive-level positions in which all terms in those employment agreements are identical except for compensation. Any resolution delegating authority to the Chief Operating Officer to execute written employment agreements for a group of Executive-level positions must state the specific positions and the specific compensation-related provisions for which the delegation has been granted. An employment agreement may not be amended unless approved by the Metro Council.
(a) 
Duties of Chief Operating Officer. The Chief Operating Officer administers and enforces the personnel code. The Chief Operating Officer or the Chief Operating Officer’s designee, must:
(1) 
Establish and maintain:
(A) 
A record of all employees in Metro service;
(B) 
The Metro employee classification plan;
(C) 
The salary plan and salary administration policies, including employee benefits, including employee benefits.
(2) 
Prepare rules, policies, and procedures as are necessary to carry out the duties, functions and powers of this personnel code, and to effectively administer Metro personnel.
(3) 
Establish a system of personnel administration based on merit, governing recruitment, appointment, tenure, transfer, layoff, separation and discipline of employees.
(4) 
Develop and implement employee training programs, for the purpose of improving the quality of service rendered by Metro personnel.
(5) 
Negotiate with the authorized labor representatives of Metro employees.
(6) 
Serve as the final grievance adjustment officer in personnel matters.
(7) 
Report quarterly to the Council regarding personnel administration.
(b) 
The Metropolitan Exposition-Recreation Commission must adopt personnel rules consistent with and subject to Metro Code Section 6.01.040 notwithstanding any provision of this chapter to the contrary. The Chief Operating Officer will administer the policies adopted by the Commission through the General Manager.
[1]
Editor's Note: The title of Ch. 2.02 was formerly "Personnel Rules" and was revised by Ord. 05-1082.
[Ord. 81-116, § 46; Ord. 94-523B; Ord. 02-965A, § 1; Ord. 05-1082, § 1]
(a) 
Notwithstanding any provision of this chapter, individual positions in the Office of Chief Operating Officer assigned to provide services to the Council may be designated as exempt from and not subject to this chapter, provided that the Council President has given written approval of the exemption after 10 days prior notice has been given to members of the Council.
(b) 
Notwithstanding any provision of this chapter, employees in the Office of Auditor shall be exempt from and shall not be subject to this chapter, except as expressly determined in writing by the Auditor, limited however to budgeted funds allocated to the Office of Auditor.
[Ord. 81-116, § 6; Ord. 94-523B; Ord. 95-602A, § 1; Ord. 02-965A, § 1; Ord. 05-1082, § 1; Ord. 22-1487]
For the purposes of this chapter the following terms have the meanings indicated, unless the context requires otherwise:
AUDITOR
Means the elected Auditor of Metro or Auditor’s designee.
CHIEF FINANCIAL OFFICER
Means the person responsible for managing the financial affairs and budget of Metro and designated as such by the Chief Operating Officer.
CHIEF OPERATING OFFICER
Means the person holding the position of Chief Operating Officer established by Metro Code Section 2.20.010.
COUNCIL
Means the elected governing body of Metro.
DEPARTMENT
Means a major functional unit of Metro as designated by the Chief Operating Officer.
DEPARTMENT DIRECTOR
Means a person designated by the Chief Operating Officer to be responsible for the administration of a department.
EMPLOYEE
Means an individual who is salaried or who receives wages for employment with Metro.
EXECUTIVE-LEVEL
Means any Department Director, Venue Director, Deputy Chief Operating Officer, and General Manager.
FULL-TIME
Means a position in which the scheduled hours of work are 40 hours per week and which is provided for in the adopted budget.
HUMAN RESOURCES DIRECTOR
Means the employee appointed by the Chief Operating Officer to administer the provisions of this chapter, regardless of whether the person is also a Department Director.
LAYOFF
Means a separation from employment because of organizational changes, lack of work, lack of funds, or for other reasons not reflecting discredit upon the employee.
PART-TIME
Means a position in which the scheduled hours of work are less than 40 hours per week but at least 20 hours or more per week and which is provided for in the adopted budget.
REPRESENTED EMPLOYEE
Means an employee who is in a recognized or certified bargaining unit.
SEPARATION
Is the cessation of employment with Metro not reflecting discredit upon the employee.
STATUS
Refers to the standing of an employee.
TERMINATION
Means the cessation of employment with Metro.
[Ord. 05-1082, § 1; Ord. 05-1088, § 1; Ord. 11-1259, § 1]
(a) 
Charitable solicitations of Metro employees while on the job during working hours shall be conducted in compliance with this section. No other solicitations of Metro employees while on the job during working hours by a charitable organization shall be permitted.
(b) 
The Chief Operating Officer and/or his/her designee(s) shall by executive order establish policies and procedures to implement this section, including procedures for applications, time and length of solicitation campaigns, charitable approved for the campaign, and payroll deductions.
[Ord. 81-116, § 53; Ord. 94-523B; Ord. 03-993A, § 4; Ord. 05-1082, § 1]
(a) 
Policy Statement. Metro states as its policy a commitment to provide equal employment opportunities without regard to race, color, religion, national origin, sex, age, disability, sexual orientation, or marital or familial status, except where a bona fide occupational qualification exists.
(b) 
Affirmative Action Program. The Chief Operating Officer or his/her designee will adopt an affirmative action policy and program, as well as appropriate anti-discrimination and harassment policies, which will be set forth in separate documents. Such policies and programs will be distributed to employees at hire and be made available throughout Metro facilities. All employees are expected to familiarize themselves with these policies.
(c) 
Recruitment Efforts. Recruitment efforts will be coordinated by the office of human resources in cooperation with the hiring department. Recruiting publicity will be distributed through appropriate media and/or other organizations to meet affirmative action guidelines. Such publicity will indicate that Metro is an affirmative action, equal opportunity employer and will be designed to attract a sufficient number of qualified applicants.
[Ord. 81-116, § 8; Ord. 84-183, § 1; Ord. 87-218, § 1; Ord. 88-255, § 1; Ord. 91-378A, § 5; Ord. 94-523B; Ord. 95-602A, § 1; Ord. 02-965A, § 1; Ord. 05-1082, § 1]
(a) 
Except as otherwise provided for in this Code, all appointments of employees shall be the sole responsibility of the Chief Operating Officer, subject to the provisions of this chapter.
(b) 
All appointments of employees to the Office of the Metro Attorney shall be the sole responsibility of the Metro Attorney.
(c) 
All appointments of employees to the Office of Auditor shall be the sole responsibility of the Auditor.
(d) 
Appointments of Department Directors, the Chief Financial Officer, the Human Resources Director, the Metro Attorney, staff in the Office of the Chief Operating Officer, and staff in the Office of the Auditor, may be made without going through the normal recruitment and selection process. The Human Resources Director, the Chief Financial Officer, all Department Directors, and all appointed staff in the Office of the Chief Operating Officer shall serve at the pleasure of the Chief Operating Officer. Staff in the Office of Auditor shall serve at the pleasure of the Auditor.
[Ord. 03-993A, § 3; Ord. 05-1082, § 1]
(a) 
Purpose. The purpose of the Drug and Alcohol Policy is to assist Metro in providing and maintaining a safe, healthy, and productive work environment for employees. The Metro Drug and Alcohol Policy is applicable to all Metro employees. This policy authorizes drug and alcohol testing if there is reasonable suspicion of drug or alcohol impairment, as well as return-to-duty and follow-up testing. Drug testing shall be conducted in accordance with procedures established and administered by the Human Resources Director.
(b) 
Employee Conduct.
(1) 
All employees are prohibited from engaging in the unlawful possession, dispensation, distribution, manufacture or use of alcohol or any controlled substance at any time while on duty, or in a Metro owned or operated vehicle(s).
(2) 
It is the responsibility of any employee with a substance abuse problem to seek assistance, including any resources which may be required from Metro or Metro’s employee assistance program, before drug and alcohol problems adversely affect the ability to perform his or her job or lead to violations of this policy.
(3) 
All employees shall report to work in an appropriate mental and physical condition to work safely and effectively. No employee shall report to work or engage in work while under the influence of alcohol, or having the presence of illegal drugs, or any other disabling or controlled substance in his or her system.
(4) 
Any employee who observes or has knowledge of another employee on duty in violation of this policy, and in a condition which poses a hazard to the safety or welfare of others, shall report the information to his or her immediate supervisor, the employee’s supervisor, or the Human Resources Director.
(5) 
This policy is not violated when an employee possesses and uses a physician-prescribed medication in accordance with the prescription.
(c) 
Drug and Alcohol Testing. Metro may require a current employee to undergo drug and alcohol testing if there is reasonable suspicion that the employee is under the influence of drugs or alcohol during work hours. "Reasonable suspicion" means an articulable belief based on specific facts and reasonable inferences drawn from those facts that an employee is under the influence of drugs or alcohol. Testing shall be conducted pursuant to standards and procedures administered by the Human Resources Director.
(d) 
Definitions. For the purposes of this policy:
(1) 
An employee has a controlled substance "in his or her system" when the employee tests "positive" in any blood or urine test administered if the result of such test meets or exceeds the level set forth in 49 CFR Part 40.
(2) 
An employee is "under the influence" of alcohol when the employee has an alcohol test with the result showing an alcohol concentration level of 0.02 or greater.
(3) 
The term "controlled substance" means marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP), as specified in Schedule 1 or Schedule II of the Controlled Substances Act (21 USC § 812).
(e) 
Drug Related Convictions. As required by the Drug-Free Workplace Act of 1998, Metro employees shall notify Metro of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
(f) 
Refusal to Consent; Employees. An employee who refuses to consent to drug and alcohol testing when reasonable suspicion of drug or alcohol use has been identified is subject to disciplinary action up to and including termination. The reasons for the refusal shall be considered in determining the appropriate disciplinary action.
(g) 
Program Administration. The Drug and Alcohol Policy and program are administered by the Human Resources Director.
[Ord. 94-523B; Ord. 05-1082, § 1]
Smoking (cigarettes, pipes and cigars) is prohibited inside all Metro facilities. Notwithstanding the provisions of this section, smoking is prohibited in any public meeting as defined in ORS 192.710.
[Ord. 94-523B; Ord. 05-1082, § 1]
(a) 
Employees of Metro have the right to form, join and participate in the activities of labor organizations of their own choosing for the purpose of representation and collective bargaining on matters relating to wages, hours and working conditions in accordance with the Oregon Revised Statutes and Regulations of the State Employment Relations Board.
(b) 
Pay plans for represented employees are developed through collective bargaining and are subject to ratification by the Council.
[Ord. 94-523B; Ord. 05-1082, § 1]
(a) 
Nothing contained within this chapter shall affect the right of the employee to hold membership in and to support a political party, to vote as they choose, to privately express their opinions on all political subjects and candidates, to maintain political neutrality and to attend political meetings. An employee must exercise all due caution in such activities to prevent public misunderstanding of such actions as representing Metro, or to bring discredit to Metro, the Council, or his/her supervisor.
(b) 
No official, employee or any other person shall attempt to coerce, command or require any Metro employee to influence or give money, service or other thing of value to aid or promote any political committee or to aid or promote the nomination or election of any person to public office.
(c) 
No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office-holder while on the job during working hours. However, nothing in this section is intended to restrict the right of a public employee to express personal political views. (ORS 260.432)
[1]
Editor's Note: Former § 2.02.120, Ethical Requirements for Employees, Officers, Elected and Appointed Officials, was repealed by Ord. 16-1373.