CITY OF LODI

                            ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

 

 

 

 

 

SUBJECT:                                           :           OUTSIDE EMPLOYMENT  (Moonlighting) -                                                                                     Policy

 

DATE ISSUED:                                   :           May 1, 1995

 

SECTION:                                           :           O

 

REFERENCE:                                     :           California Government Code Sections 1090 and 1126(a).

 

 

 

SECTION 1:                                        PURPOSE

 

                                                            The purpose of this policy is to ensure the City of Lodi's compliance with conflict of interest statutes, and to protect the City's function to provide ongoing service to the citizens of Lodi.

 

 

SECTION 2:                                        OUTSIDE EMPLOYMENT

 

                                                            It is the policy of the City that employees should not, because of their position, be unduly restricted in their private lives.  The use of time outside City working hours shall be unrestricted as long as the activities of the employees do not interfere, prove detrimental, or present a conflict with the employees' duties or to the City of Lodi.

 

                                                            A City employee shall not engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his/her duties as a City employee or with the duties, functions or responsibilities of such a person's department head or the department in which employed.

 

                                                            Each instance of outside work by an employee shall be judged on its own merits, particularly applied to the employee's function with the City.  A job which might be unsuitable for employees in one department may provide no problem to employees in another department.  For example, an employee in the Public Works Department might perform work which might not be compatible for employees in the Police Department or Recreation Department and vice versa.

 

SECTION 3:                                        PROHIBITED ACTIVITIES FOR OUTSIDE                                                                                     EMPLOYMENT

 

                                                            Subject to the concurrence of the City Manager, each department head may determine those outside employments, activities or enterprises which, for employees under his/her jurisdiction, are inconsistent, incompatible, in conflict with or inimical to their duties as City employees.

 

                                                            City employees are prohibited from outside employment if such employment involves any of the following:

 

                                                            A.        The use for private gain or advantage of City time, facilities, equipment, supplies, or the badge, uniform, prestige, authority or influence of his/her City office or position;

 

                                                            B.         The receipt or acceptance by the City employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of his/her City employment or as a part of his/her duties as a City employee;

 

                                                            C.        Involves the performance of an act in other than the capacity of the City employee, which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other officer or employee of the City;

 

                                                            D.        The demand of time such that the employee's performance while on duty is adversely affected; and

 

                                                            F.         The employee being financially interested in any contract made by them in their official capacity, or by any body or board of which they are a member.

 

                                                            Outside work must not be of a nature which could discredit or create embarrassment for the City.

 

                                                            City employees may not solicit outside work during City time, or exercise any prerogatives necessary to performing their City job when not engaged in official City business.

 

SECTION 4:                                        AUTHORIZATION FOR OUTSIDE EMPLOYMENT

 

                                                            An employee wishing to engage in any employment, activity or enterprise for compensation shall inform the department head of such desire by submitting in writing information as to the time required and the nature of such activity.  If authorization is granted by the Department Head it shall be valid only for the work and period prescribed in the written authorization.  The decision of the department head shall be final.

 

                                                            The authorization for outside employment, activity or enterprise shall be denied or revoked by the City Manager if a conflict of interest or work incompatibility as prescribed by California Government Code (Section 1126) is found to exist.

 

 

SECTION 5:                                        USE OF CITY PROPERTY AND EQUIPMENT

 

                                                            No City-owned, leased or rented equipment, automobiles, trucks, instruments, tools, supplies, machines or other item which is the property of the City shall be used by any City employee while said employee is engaged in any outside employment, activity or enterprise for compensation or otherwise for personal use.  Exceptions to this rule may be made at the discretion of the Department Head.

 

 

SECTION 6:                                        VIOLATIONS AND PENALTIES CONCERNING OUTSIDE EMPLOYMENT

 

                                                            Any violation of these provisions respecting outside employment, activity or enterprise and use of City property shall constitute sufficient grounds for disciplinary action, up to and including discharge of the employee.

 

 

SECTION 7:                                        MAINTENANCE OF OUTSIDE EMPLOYMENT FILE                                                                   BY DEPARTMENT

 

                                                            Each department head shall maintain a file listing all employees within the department currently working at other jobs, the type of work performed, and telephone numbers where the employees can be reached in case of emergency.  When employees accept or plan to accept outside employment they are responsible for reporting this fact to the department head, whose approval of such work is required.

 

                                                            Approval of an outside job can be withdrawn at any time the outside work fails to conform to the above criteria or when such work in any way affects an employee's primary job responsibility to the City.