Chapter 5.12 Assignment or Garnishment of Salaries, Wages or Claims

City Code Chapter

5.12.010 Unlawful to Assign Salary or Wages.

  1. It is unlawful for any person or employee rendering services to the City and having a salary or wage claim against the City to make an assignment of the claim for salary or wages, whether earned or unearned, except as provided in Section 5.12.030.

5.12.030 Exceptions.

(Amended by Ordinance 189452, effective May 10, 2019.) 

  1. The provisions of this Chapter are subject to the following exceptions:
  2. A.  Any officer or employee may, with the approval of the Commissioner In Charge, or the Auditor as to employees of the Auditor’s Office, assign their salary or wages to the Retail Credit Association of Portland, Oregon;
  3. B.  Nothing contained herein shall prohibit a City employee from executing a power of Attorney to Portland Employees’ Credit Union, an Oregon corporation, whereby the salary or wages, or any part thereof, of the employee is assigned to the corporation.  The Bureau of Human Resources and the City Treasurer are hereby authorized to recognize all of the powers of Attorney to make on the payrolls any deductions required thereby, and to pay the Portland Employees’ Credit Union any sums authorized by the powers of Attorney.
  4. C.  Nothing contained herein shall prohibit a City employee from executing a power of Attorney to the Firemen’s Relief Association of the Firemen’s Beneficiary Association of Portland, an Oregon corporation, or to the Portland Police Beneficiary Association, an Oregon corporation, whereby the salary or wages, or any part thereof, of the employee is assigned to either of said corporations.  The Bureau of Human Resources and the City Treasurer are hereby authorized to recognize all of the powers of Attorney.

5.12.040 Penalty.

  1. Any officer or employee of the City who shall sell or assign, or attempt to sell or assign, any salary or wages in violation of the provisions of this Chapter shall thereby be deemed to have committed an act which is hereby declared sufficient cause for his removal.

5.12.050 Garnishments.

(Amended by Ordinances 146745, 154642, 155429 and 173369, effective May 12, 1999.) 

  1. Whenever any salary, wage or credit in possession of the City, belonging or owed to any person, firm or corporation whatsoever is garnished or levied upon, subject to the City Attorney’s approval of the original garnishment or levying documents, the Office of Fiscal Administration, Accounting Division, shall thereafter process such garnishments as follows:
  2. A.  With respect to the garnishment of City employees’ salaries of wages, the amount of garnishment shall be deducted from the employees’ salary or wages as a voluntary deduction through the computer process.  The total amount of garnishment deducted for all employees whose wages are being garnished shall be transmitted to the Treasurer’s Office account by an authorization notice accompanied by a Garnishment Report in the form of a deduction register.  The Garnishment Report will document the name(s) of the payee(s) according to the Notice of Levies or Writs of Garnishment received.  The Treasury Division will then draw one or more checks, depending on the number of levies or writs received for each employee, against such office account in favor of the payee designated on the Notice of Levy/Writ of Garnishment.
  3. B.  With respect to Notices of Levy or Writs of Garnishment not affecting the salary or wages of a City employee and any Notice of Levy or Writs of Garnishment received after the biweekly payroll cutoff, the procedure for processing such Notices of Levy/Writs of Garnishment shall be as stated in this Subsection.  The Office of Fiscal Administration, Accounting Division, shall place upon any check issued for such salary, wages or credit and an endorsement:
    1. 1.  Noting that such salary, wages or credit has been garnished or levied upon as the case may be, together with identification of such garnishment or levy;
    2. 2.  Directing the payment of a certain sum upon such garnishment or levy;
    3. 3.  Designating the person entitled to receive such sum; and
    4. 4.  Directing the payment of the balance of money due on such warrant, if any, to the payee thereof.
  4. The Office of Fiscal Administration, Accounting Division, shall then deliver such warrant to the Treasurer and the Treasurer shall deposit such warrant to the account of the City and draw one or more checks against such account in the amounts directed and in favor of the person or persons designated by the endorsement upon such warrant.

See something we could improve on this page? Give website feedback.

Search Code, Charter, Policy