Chapter 2.50
INCOMPATIBLE ACTIVITIES1
Sections:
2.50.030 Officers and officials subject to chapter.
2.50.040 Incompatible outside activities.
2.50.050 Determination of incompatible outside activities.
2.50.060 Notice of proscribed incompatible outside activities to affected officers or employees.
2.50.070 Appeal of determination.
2.50.080 Disciplinary action – Notice and right to appeal.
2.50.010 Purpose.
This chapter is enacted for the purpose of adopting guidelines and rules for public officers and employees of the city with respect to any outside employment, activity or enterprise for compensation which is or may be inconsistent, incompatible, in conflict with, or inimical to his or her duties as an officer or employee of the city for purposes of Government Code Section 1126. Nothing contained herein is intended to modify or abridge the provisions of Government Code Sections 1090, et seq., relating to prohibited contracts, sales and purchases made in an official capacity or the Political Reform Act of 1974 as amended, Government Code Sections 81000, et seq.; or any other provisions of law pertaining to conflict of interest. This chapter shall be interpreted in a manner consistent therewith. (Ord. 1540 § 1, 1983.)
2.50.020 Appointing power.
The term “appointing power” as used in this chapter and in Government Code Section 1126 shall mean the city council, the city manager and those department heads designated by the city manager. (Ord. 1540 § 1, 1983.)
2.50.030 Officers and officials subject to chapter.
The public officers and employees subject to the provisions of this chapter are:
A. Members of appointive boards, commissions and committees;
B. All city employees. (Ord. 1540 § 1, 1983.)
2.50.040 Incompatible outside activities.
Officers or employees as defined in CMC 2.50.030 shall not engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as an officer or employee or with the duties, functions or responsibilities of his or her appointing power or the city. Such officer or employee shall not perform any work, service or counsel for compensation outside of his or her city employment where any part of his or her efforts will be subject to approval by any other officer, employee, board or commission of his or her employing body where such work, service, or counsel for compensation has been determined as provided for in this chapter as being inconsistent with, incompatible to or in conflict with his or her duties. (Ord. 1540 § 1, 1983.)
2.50.050 Determination of incompatible outside activities.
The appointing power shall determine those outside activities which, for officers and employees under its jurisdiction, are inconsistent with, incompatible to or in conflict with their duties as officers or employees. In determining which outside activities are inconsistent with, incompatible to or in conflict with the duties of officers or employees, appointing power shall prohibit outside employment, activity or enterprise if it:
A. Involves the use for private gain or advantage of his or her city time, facilities, equipment and supplies; or the badge, uniform, prestige or influence of his or her city office or employment; or
B. Involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the city for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course of hours of his or her city employment or as a part of his or her duties as a city officer or employee; or
C. Involves the performance of an act in other than his or her capacity as an officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other officer or employee or by the city; or
D. Involves such time demands as would render performance of his or her duties as a city employee less efficient. (Ord. 1540 § 1, 1983.)
2.50.060 Notice of proscribed incompatible outside activities to affected officers or employees.
When the appointing power has made a determination of incompatible outside activities with respect to officers or employees under its jurisdiction, each affected officer or employee shall be provided with a written notice of determination. Thereafter, each affected officer or employee shall refrain from engaging in the specified incompatible outside activity. (Ord. 1540 § 1, 1983.)
2.50.070 Appeal of determination.
Each officer or employee affected by a determination of incompatible outside activities shall have the right, within 10 days after being served with a written notice of determination, to initiate an appeal of the matter to the appointing power. The appeal shall be in writing and shall be filed with the appointing power. The appointing power shall decide the appeal within 20 days and such decision shall be final. (Ord. 1540 § 1, 1983.)
2.50.080 Disciplinary action – Notice and right to appeal.
If, after a determination of the appeal adverse to the officer or employee, or if the time for appeal has expired, 30 days after the affected officer or employee has been served with a written notice of determination describing incompatible outside activities, the officer or employee continues to engage in said incompatible outside activities, the appointing power may take disciplinary action, up to and including termination. In the event disciplinary action is contemplated, the following procedure shall be followed:
A. Written notice of the continuation of incompatible outside activities, the notice of intended disciplinary action, along with all supporting documentation, if any, shall be personally delivered to the affected officer or employee.
B. The affected officer or employee shall have 10 days to respond to the intended disciplinary action, either orally or in writing. The response shall be made directly to the appointing power.
C. The appointing power shall, within 10 days of the officer’s or employee’s response, or if no response, within 10 days after the last day to respond, make its determination with respect to the disciplinary action, if any, to be taken.
D. Any officer or employee subject to disciplinary action hereunder other than those offices, positions and employments specified in CMC 2.36.030 shall have a right of appeal in accordance with the provisions of Chapter 2.36 CMC and the personnel system rules and regulations of the city as amended from time to time. (Ord. 19-02 § 1, 2019; Ord. 1540 § 1, 1983.)
Prior history: Ord. 1271.