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I’d like to get a second job outside of City employment

Executive Order 02-11 regulates outside and self-employment by City executive department employees to ensure that the outside or self-employment does not interfere with an employee’s City work.  Specifically it:

-- Prohibits City executive department employees from engaging in outside employment while being paid for or conducting City work.
-- Prohibits use of City resources (such as vehicles, telephones, computers, office space, equipment, or supplies) and time for outside/self employment.
--Prohibits outside/self employment while on City sick/disability time.
-- Requires City executive department employees to obtain written approval for outside/self employment from an appointing City authority.
-- Allows departments to maintain their own, stricter restrictions on outside employment.
-- Requires reporting of outside employment to City’s Department of Human Resources and to the Mayor.

You may not use sick or injury leave from the City to perform outside employment. If you become sick, injured, or disabled because of your outside employment, you may not receive paid sick leave or injury benefits from the City. You must also disclose the compensation from your outside job on all financial disclosure forms that you are required to file.

These are general rules. As noted above your agency or department may have a more restrictive policy concerning outside employment. Before seeking or accepting outside employment, make sure that it does not violate any policy of your agency or department.

If you are a Civil Service Employee: In addition to the general rules, Civil Service regulations apply to you. These regulations allow outside employment, only if:

  • The work is compatible with your official duties;
  • The work won’t bring disfavor or disrespect to you, your department, or the City, in the judgment of the authority of your office, board or commission.
  • The work won’t interfere with or adversely affect the performance of your City work.

The following ethics rules apply to all City officials and employees, both inside and outside the Nutter Administration.  Should you obtain outside/self employment remember these ethics rules:

  • Section 10-102 of the City Charter prohibits City employees and compensated City officials from benefiting from or having direct or indirect interests in contracts with the City.
  • Section 20-607 of the City Ethics Code and Sections 1102 and 1103(a) of the State Ethics Act prohibit City officials or employees from having a personal or family financial interest, or having a financial interest in a business or other entity that has a financial interest in the official’s/employee’s business decisions. If that is the case, you must disclose the interest and disqualify yourself from any official decision or action involving that interest.
  • Section 20-602 of the City Ethics Code prohibits City officials or employees from representing others in matters before the City. This is not a situation that can be addressed and remedied by disclosure and disqualification; it is a flat-out prohibition.
  • Section 20-609 of the City Ethics Code prohibits any City official or employee – whether paid or unpaid, full-time or part-time – from directly or indirectly disclosing or making available confidential information concerning property, government, or affairs of the City for the purpose of advancing the official’s/employee’s or another’s financial interests.

 

How Do I Handle...

IntegrityWorks offers guidance for commonly-occurring situations. These are not the only situations in which ethics rules would apply; they are simply the most common ones. Other guidance may be added to this site as situations warrant.

These are general guidelines. Because each situation presents its own set of facts, this general guidance isn’t advice on which you can legally rely. If you want to be absolutely sure that your conduct complies with applicable ethics laws, you should seek advice before taking action.