§ 2-425.3. Secondary employment.

Purpose and Scope

The City expects that your employment with the City will be your primary source of income from work. However, the City recognizes that for financial or other reasons, you may need, or want, to work for another employer while employed by the City.

The purpose of this policy is to avoid actual or perceived conflicts of interests for employees engaging in secondary employment, and to ensure employees do not engage in secondary employment that will directly or indirectly contribute to the lessening of his or her effectiveness as a City employee. All employees shall obtain written approval from the City prior to engaging in any secondary employment. Approval of secondary employment shall be at the discretion of the City in accordance with the provisions of this policy.

This policy governs employees who perform secondary work for, or who are seeking secondary employment with, an employer other than the City. This policy also applies to City employees who are also self-employed.

Obtaining Approval

Any employee who wishes to engage in secondary employment must notify his or her department head in writing and must obtain written authorization from the City prior to the commencement of such secondary employment.

The City will decide whether to grant permission based on whether such secondary employment is compatible with the employee's employment with the City. The City will not grant permission where the secondary employment will negatively affect the employee's work for the City. Nor will the City grant permission where the employee's secondary employment would violate the City's Conflict of Interest Policy or any other City policy. If the City determines such secondary employment is compatible, it may authorize the secondary employment in writing.

Said authorization will be valid for one (1) year for the work and period prescribed therein. The City's authorization shall be renewed annually.

Determination of Incompatible Secondary Employment

In making a determination as to the compatibility of secondary employment, the City shall consider, among other pertinent factors, whether the secondary employment:

(a)

involves the use of City time, facilities, equipment, or supplies, the use of or reliance upon the City badge, uniform, prestige or influence, for private gain or advantage;

(b)

involves the employee's receipt or acceptance of equipment, or supplies, the use of or reliance upon the City badge, uniform, prestige or influence, for private gain or advantage.

(c)

involves the performance of an act in other than the employee's capacity as an employee of the City that may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other employee of this department

(d)

involves time demands that interferes with the employee's work performance or schedule with the City, or would render performance of the employee's duties for the City less efficient.

Use of City Equipment Prohibited

Employees may not use the City's property, facilities, equipment, supplies, IT systems (such as computers, networks, email, telephones, or voicemail), time, trademarks, brand, or reputation in connection with any secondary employment.

Violations and Penalties

Any employee, regardless of position or title, who the City determines has violated this policy, he or she may be asked to refrain from such activities as a condition of continued employment. Refusal to conform to such a request shall result in corrective action, up to and including termination.

Secondary employment can affect your job performance at the City. Employees whose secondary employment results in poor job performance, attendance and tardiness issues, the refusal to work overtime or make other schedule adjustments, or the inability to comply with any City policy, may be subject to disciplinary action, up to and including termination of employment.

If you are considering secondary employment but are not sure if it complies with the rules and guidelines set out in this policy, you should speak with your Department Head, who will help you determine whether the secondary employment complies with this policy.

(Ord. No. 88-2018 , § I(Exh. A), 10-16-2018)

Editor's note

Ord. No. 8 8-2018 , § I(Exh. A), adopted Oct. 16, 2018, repealed the former § 2-425.3 and enacted a new section as set out herein. The former § 2-425.3 pertained to similar subject matter and derived from Ord. No. 72-2011, § I(Exh. A), adopted Dec. 20, 2011.