My question involves employment and labor law for the state of: Pennsylvania (specifically Philadelphia).
I am currently employed by the City of Philadelphia. I recently accepted an employment position with another municipality in Pennsylvania and am retiring from my job with Philadelphia. In my position with the city, employees in management (of which I'm one) are entitled by contract and policy, to "run time" prior to retirement. What this basically means is that any employee in my city agency and in my position, gets to run about 15 weeks of accumulated time before retiring, meaning the retiring employee will be paid for those 15 weeks and won't officially retire until the end of the 15 weeks.
For most employees, this is the perfect situation. Get another job, get paid from that job, plus get paid by the city for an additional 15 weeks while working the other job (double pay). Except, the Philadelphia Home Rule Charter has a provision in it that states that a person cannot be employee cannot be employed by the city and work for another government agency or municipality at the same time. If it were a private corporation, or a university, etc., it would be fine. Here is the exact quote from the Home Rule Charter:
§ 8.8-301. Other Offices or Positions.
Except as otherwise provided in this charter, no person shall hold more than one office or position of profit, whether elective or appointive, under the City and no such person shall hold such office or position while holding any other office or position of profit in or under the government of the United States, of the Commonwealth of Pennsylvania, or of any county, city or other political subdivision thereof, other than the office of notary public, any office in the military or naval service of the United States or of the Commonwealth of Pennsylvania, or any ex officio office held by virtue of another office or position.
NOTES
Sources: Act of June 25, 1919, P. L. 155, Article IV, Section 3.
Purposes: The provision as to dual office-holding of the 1919 Charter is continued with minor modifications, primarily of language.
My question is, do I have an argument? I had filed my retirement paperwork with my intent to run my comp time until late December. However, I received a call from my personnel department director today stating that they were aware that I would be working for another government agency and that per the city charter that is prohibited. I explained that while running time, I am on what is considered "terminal leave" meaning I am not coming into work every day, but running down my time as is afforded every other city management employee nearing retirement. The explanation back was that if I was taking any other job other than another government job, it would be okay to run the time, but I can't do it while working for another government.
Do I have any argument here?
I am currently employed by the City of Philadelphia. I recently accepted an employment position with another municipality in Pennsylvania and am retiring from my job with Philadelphia. In my position with the city, employees in management (of which I'm one) are entitled by contract and policy, to "run time" prior to retirement. What this basically means is that any employee in my city agency and in my position, gets to run about 15 weeks of accumulated time before retiring, meaning the retiring employee will be paid for those 15 weeks and won't officially retire until the end of the 15 weeks.
For most employees, this is the perfect situation. Get another job, get paid from that job, plus get paid by the city for an additional 15 weeks while working the other job (double pay). Except, the Philadelphia Home Rule Charter has a provision in it that states that a person cannot be employee cannot be employed by the city and work for another government agency or municipality at the same time. If it were a private corporation, or a university, etc., it would be fine. Here is the exact quote from the Home Rule Charter:
§ 8.8-301. Other Offices or Positions.
Except as otherwise provided in this charter, no person shall hold more than one office or position of profit, whether elective or appointive, under the City and no such person shall hold such office or position while holding any other office or position of profit in or under the government of the United States, of the Commonwealth of Pennsylvania, or of any county, city or other political subdivision thereof, other than the office of notary public, any office in the military or naval service of the United States or of the Commonwealth of Pennsylvania, or any ex officio office held by virtue of another office or position.
NOTES
Sources: Act of June 25, 1919, P. L. 155, Article IV, Section 3.
Purposes: The provision as to dual office-holding of the 1919 Charter is continued with minor modifications, primarily of language.
My question is, do I have an argument? I had filed my retirement paperwork with my intent to run my comp time until late December. However, I received a call from my personnel department director today stating that they were aware that I would be working for another government agency and that per the city charter that is prohibited. I explained that while running time, I am on what is considered "terminal leave" meaning I am not coming into work every day, but running down my time as is afforded every other city management employee nearing retirement. The explanation back was that if I was taking any other job other than another government job, it would be okay to run the time, but I can't do it while working for another government.
Do I have any argument here?
Compensation and Overtime: Working for Two Municipalities at the Same Time
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