A. General Prohibition. No officer or employee of the City shall engage in any employment, activity, or enterprise for compensation of any kind or character which is inconsistent, incompatible or in conflict with his or her duties as an officer or employee of the City or the duties, functions or responsibilities of his or her appointing power or the City itself.
B. Definition of Employment Activities. For the purpose of this section, an employment activity or enterprise is inconsistent, incompatible or in conflict with those various duties, functions or responsibilities set forth above if it:
1. Involves the use for private gain or advantage of the City's time, facilities, equipment, or supplies; or the badge, uniform, prestige or influence of the City; or
2. Involves receipt or acceptance by an officer or employee of the City 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 or hours of his or her duties as a City officer or employee; or
3. Involves the performance of an act in other than his or her capacity as an officer or employee of the City which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other officer, employee or elected official of the City; or
4. Involves such time demands as would interfere with the performance of duties as a City officer or employee.
C. Director’s Approval. No officer or employee of the City shall be gainfully employed at any employment activity or enterprise outside of City service without prior approval from the Director. If the Director seeks such approval, the outside employment activity shall be reviewed by the City Manager. The provisions of this paragraph shall not apply to the Council-appointed positions of City Manager and City Attorney.
D. Council Authority. The City Council, by resolution, may define those occupations, activities or enterprises for which such outside employment approval shall not be given. In defining those occupations, activities or enterprises which shall be so prohibited, the Council shall consider, but shall not be limited to consideration of, whether the occupation, activity or enterprise is inconsistent, incompatible or in conflict with the duties, functions or responsibilities of City employment. This section shall not be interpreted to limit disapproval of outside employment to those occupations, activities or enterprises prohibited hereby.
E. Administrative Procedure. Procedures and guidelines for application for approval as well as a listing of those occupations, activities and enterprises prohibited pursuant to subsection B above, shall be set out in the Administrative Procedure and Policy Manual available to any and all officers and employees.
(Res. No. 143 95-96, Res. No. 113-07)