Sec. 114-2. - Payroll withholdings; employment related expenses.
(a) Any city employee may authorize the city to withhold from his salary a specific amount for payment of his dues or other expenses to any organization to which he belongs or to which he incurs expense which are related to his employment with the city and which he designates therein. In such cases, the employee must voluntarily execute and furnish to the city a written and specific authorization for such deductions. The city shall make such deductions unless it is determined that the purposes and activities of the organization specified or expense incurred bear no substantial relationship to the employee's wages, hours, grievances, working conditions, duties, or rights as a city employee. Any amount withheld in accordance with the provisions of this section shall be remitted forthwith to the organization designated. The city is authorized to charge and deduct postage and such other reasonable expenses that may be incurred in connection with such collection and remittance from the amount remitted to the specified organization provided that such charges deducted shall not exceed $5.00 per month per 25 or fewer individual charges deducted for each specified organization.
(b) If the city finds that the purposes and activities of the organization specified by the employee or the expense incurred bear no substantial relationship to the employee's wages, hours, grievances, working conditions, duties or rights as a city employee, it may refuse to make the collection and remittance authorized in this section. This refusal shall be communicated to the employee by registered or certified mail, giving specific reasons for such refusal.
(c) Any employee aggrieved by a decision of the city to refuse to make the collection and remittance authorized herein may appeal such refusal in writing to the city council at any regular or special meeting of the council. Upon receipt of the appeal, the council shall set a hearing on the matter, which hearing shall be held not more than 21 days thereafter. After hearing such evidence as may be presented by the city, the aggrieved employee, or other interested parties, the council shall by motion uphold or reverse the decision of the city to refuse the payroll withholding authorized in this section. The action of the council shall constitute the final action of the city in connection with the request of the employees. During the pendency of any appeal under this section, the city shall continue to make the collections and remittance authorized in this section until a final determination is made by the city council, provided the appeal is filed within 30 days of receipt by the appellant of the city's decision to refuse to make the collection and remittance.
(d) For the purposes of this section, organizations related to an employee's employment with the city shall include, but not be limited to, organizations which promote professional or fraternal purposes of city employees in connection with their employment or insurance companies which provide insurance coverage for city employees which were afforded use of the payroll withholding system of the city prior to January 1, 1982.
(e) The provisions of this section shall not affect any contractual agreement regarding payroll withholdings entered into by the city.
(Code 1956, § 2-11.1)