A. Incompatible Employment: No public servant or volunteer public servant shall engage in any outside employment that is inconsistent, incompatible, or in conflict with his or her duties as a public servant or volunteer public servant, or with the duties, functions, or responsibilities of the city. Such prohibited outside employment includes, but is not limited to, employment:
1. Involving the use for private gain or advantage of his or her city working time or city facilities, equipment, or supplies, except as permitted under section 2.44.180 of this chapter;
2. Involving the receipt or acceptance by the public servant or volunteer public servant of any compensation from anyone, other than the city, for the performance of an act that the public servant or volunteer public servant would be required or expected to perform in the regular course of his or her city employment or as part of his or her duties as a public servant or volunteer public servant;
3. Involving the performance of an act that may later be subject, directly or indirectly, to the control, inspection, review, audit, or enforcement of the public servant or any other servant of the city. Such outside employment may only be engaged in after procedures have been adopted by the public servant's assigned department to ensure that all work done by the public servant is subject to direct review by the public servant's immediate supervisor; or
4. Involving such time demands as would render such public servant's performance of public duties demonstrably less efficient.
5. Subsections A3 and A4 of this section shall not apply to volunteer public servants.
B. Applicability: This section shall not apply to part time employees and seasonal employees of the city. Members of the city council are not part time employees for purposes of this section.
C. Disclosure: Before engaging in any outside employment that is permissible under this chapter:
1. Any elected officer shall disclose such outside employment as provided in section 2.44.050 of this chapter;
2. Any staff of the city council shall disclose such outside employment to the chair of the city council;
3. Any department head of the city shall disclose such outside employment to the mayor; and
4. Any other public servant shall disclose such outside employment to his or her department head.
D. Denial: Outside employment shall not be denied unless it is in violation of the provisions of subsection A of this section. No public servant shall have the power to deny an elected officer his or her right to outside employment which is not prohibited under subsection A of this section.
E. Department Rules And Regulations: Any department head shall adopt rules and regulations for his or her department regarding outside employment, including the denial thereof, to clarify the application of this chapter to the unique operations of that department, if such rules or regulations are consistent with the intent of this chapter and no less stringent.
F. Advisory Opinion: If a public servant's outside employment is denied under subsection E of this section, the public servant may seek an advisory opinion from the city attorney regarding the matter. The city attorney shall issue such an opinion, but the city attorney shall not have the power to overrule the discretionary decision of the person who denied the consent.
G. Certain Travel, Lodging, And Food Expenses And Cash Honoraria Are To Be Considered Outside Employment And Not Gifts: Any payment for travel, food, lodging, or entertainment expenses, or reimbursement therefor, or any other compensation or cash honorarium, made to a public servant in connection with a public event, appearance, or ceremony unrelated to official city business or not furnished by the sponsor of such public event, appearance, or ceremony, shall be considered outside employment under this section, and not a gift under section 2.44.080 of this chapter. This subsection shall apply to any volunteer public servant, but only to the extent of requiring disclosure of such outside employment to his or her department head.
H. Reports To Mayor: Within fifteen (15) working days following each February 1, May 1, August 1 and November 1, each department that has issued a denial of outside employment to a public servant shall file with the mayor copies of all such denials given during the previous yearly quarter. (Ord. 11-11, 2011)