Purpose
The City recognizes the positive impacts of teleworking. The City also recognizes that local jobs strengthen our community by promoting a diverse workforce that reflects local values and reinvests public funds by ensuring employees spend income and pay taxes locally. It also leads employees to engage the community they serve as they support local businesses, charities, and causes. The location of work is balanced with the need to reasonably limit the substantial costs required to comply with out-of-state employment laws, including those related to compensation, leave, worker's compensation, and labor. This rule defines the area from which employees are expected to work which reflects the City's values of strengthening Portland and nearby communities while maintaining compliance with applicable employment laws and regulations.
Rule Read in conjunction with HRAR 4.04 Telework
This rule shall be read in conjunction with City HR Administrative Rule 4.04 Telework, which defines the City's telework rules and procedures.
Geographic Work Location
As a default, employees must report to work in the City of Portland at the applicable Bureau location as directed. A Bureau may allow an employee to report and perform their work for the City of Portland within the states of Oregon or Washington.
Expectation
Generally, employees must perform all work from within the states of Oregon and Washington, except for the following circumstances to allow for greater work-life flexibility.
Time-Limited Requests. A Bureau may allow an employee to work outside the geographical work location for up to two weeks at a time and no more than six total weeks in a calendar year. Employees must provide advance notice of all time-limited requests. Managers and supervisors determine approval of time-limited requests based on their assessment of whether the work performed by that position can be fully and satisfactorily performed in the location requested in alignment with the City's telework policy, HRAR 4.04. Managers and supervisors are accountable to ensure compliance within this rule. Failure to accurately account for employees' time may be subject to discipline, up to and including termination as identified in HRAR 5.01.
Newly Hired Employees. Relocation into the geographic work location for new hires is expected to occur within 90 days of acceptance of an employment offer. A City bureau may consider extenuating circumstances in setting the new hire relocation timeline.
No permanent exceptions to this rule are allowed.
Temporary Exceptions Allowed to the boundary
Temporary exceptions to work outside of the geographic work location beyond two consecutive weeks in a calendar year may be granted for employees for rare and exceptional circumstances, upon advanced written request and approval of the bureau director and the BHR Director. The duration of the temporary exception may exceed a total of six weeks in a calendar year. The bureau director should confer with their respective HR Business Partner on the criteria and considerations applicable to the specific request.
All costs for support exceptions and related out-of-state legal compliance costs are the responsibility of the bureau through which the employee is employed. Examples of these include, but may not be limited to, out of state legal counsel expenses, insurance premiums, applicable payroll taxes/withholdings, leave management, payroll remittance requirements, adherence to employment and labor laws, as well as any penalties, legal claims, or fees arising out of or related to the exception.
Employees Working Outside the approved geographic area as of the policy adoption date
Current City employees working outside the approved geographic work location as of the date of the adoption of this Rule are expected to come into compliance with the Rule no later than 90 days from the date of Council adoption of the rule and begin working within an approved work location. Failure to adhere to this policy shall be grounds for dismissal for failure to meet the minimum qualifications of their classification.
History
Ordinance 191127 adopted by City Council January 4, 2023. Effective February 4, 2023