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SEC. 49.5.7. HONORARIA AND OUTSIDE EMPLOYMENT.
 
   A.   City officials and agency employees shall not engage in outside employment during any hours they are paid to engage in City business. A person shall not induce or coerce or attempt to induce or coerce a City official or agency employee to engage in such outside employment.
 
   B.   Elected City officers shall not receive any payment, including honoraria, for their services other than that provided for by City Charter Section 218. However, they may receive compensation for serving on governmental entities where payment is authorized for other governmental officers or employees serving in such capacity.
 
   C.   City officials, other than elected City officers and part-time board and commission members, shall not accept a payment for honoraria or other outside earned income or employment without prior written approval.
 
   1.   Prior written approval must first be obtained from the general manager or chief administrative officer of the City official’s department.
 
   a.   General managers, chief administrative officers, and members of the Board of Public Works must obtain prior written approval from their appointing authorities.
 
   b.   City Council staff members must obtain prior written approval from their City Council members.
 
   c.   A City official who does not have an appointing authority must obtain prior written approval from the Ethics Commission.
 
   2.   If the general manager, chief administrative officer, or appointing authority approves the payment, the City official must determine whether the source is a restricted source for the City official. If the source is a restricted source, the City official shall not accept the payment without also obtaining prior written approval from the Ethics Commission.
 
   3.   The approval required by Subdivisions 1. and 2. shall be denied if the general manager, chief administrative officer, appointing authority, or Ethics Commission determines that receipt of the payment would be inconsistent, incompatible, in conflict with, or inimical to the City official’s official duties, functions, or responsibilities. Such a determination must be made if one or more of the following factors applies:
 
   a.   The payment or the services for which the payment would be received would involve any of the following:
 
   i.   The actual use of or the appearance of the use of public office, employment, time, facilities, equipment, or supplies for private gain;
 
   ii.   The City official’s performance of an act that could later be subject to the control, inspection, review, audit, or enforcement of the City official’s agency; or
 
   iii.   Such time demands that the City official’s performance of official City duties would be rendered less efficient.
 
   b.   The City official would be accepting payment from a person other than the City official’s agency for performing an act that the City official would be required or expected to render in the regular course of performing City duties.
 
   c.   The City official is in a position to make, participate in making, or influence a City decision that could foreseeably have a material financial effect on the source of the payment.
 
   4.   A request for approval from the Ethics Commission shall be treated as a request for written advice under Charter Section 705(b).