Los Angeles County Municipal Code Ch. 5.44 Additional Employment and Compensation

A.

Each department may submit to the conflict of interest code review panel for its approval rules governing noncounty employment, enterprise or activity. An employee's noncounty employment, enterprise or activity may be prohibited by such rules if it:

Involves the use for private gain or advantage of county time, facilities, equipment, supplies, or the badge, uniform, prestige or influence of county employment; or

Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the county for the performance of an act which the employee would be required or expected to render in the regular course of county employment; or

Involves the performance of an act in other than official capacity as a county employee, which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other county employee; or

Involves such time demands as would render less efficient the employee's performance of assigned county duties; or

Is clearly inconsistent with the operation, function or responsibilities of the department.

B.

Such rules shall include:

Provision for notice to employees of the determination of prohibited activities;

Provision for notice of disciplinary action to be taken against an employee for engaging in prohibited activities; and

Provision for appeal by an employee from such a determination and from its application to the employee.

C.

Such rules shall be consistent with Sections 5.44.020 and 5.44.050 of this code.

D.

Within 60 days after receiving the proposed rules, the conflict of interest code review panel shall:

Approve the proposed rules as submitted;

Revise the proposed rules and approve them as revised; or

Return the proposed rules to the department for revision and resubmission within 60 days.

In reviewing the proposed rules, the code review panel shall ensure that the rules prohibit only such outside employment, enterprise or activities specifically described in subsection A above or which are otherwise clearly inconsistent with the operation, function or responsibilities of the department.

Within 30 days of approval by the conflict of interest code review panel, the department shall file the rules with the executive office of the board of supervisors. Upon filing with the executive office, the rules shall be deemed adopted and shall be promulgated by the department. The board of supervisors may, at any time, suspend any rule so adopted.

E.

Wherever it is found in this section, the term "employee" includes officer, the term "employment" includes office, and the term "department" includes appointing authority.

(Ord. 90-0087 § 1, 1990: Ord. 82-0263 § 1, 1982: Ord. 9747 § 1 (part), 1969: Ord. 7518 § 1, 1959: Ord. 4099 Art. 3 § 47.5, 1942.)

A.

No officer or employee of the county shall charge, request or receive for his own use any fee, reward or payment of any kind from any person, firm or corporation other than the county of Los Angeles for any services rendered by him as such officer or employee, or render during his office hours or hours of work for the county any service to anyone other than such services as he is employed by the county to render; provided, however, that officers and employees of the county are authorized, and it is made their duty, to make and furnish copies of public records to private persons during office hours and to charge and collect the fees prescribed by law, or to charge and collect a reasonable fee not exceeding the actual cost of providing such copies, whichever is less. All such fees and charges shall be paid into the county treasury, and no officer or employee of the county shall retain any such fee or charge for his own use.

B.

No officer or employee of the county shall make copies of public records outside of office hours and make a charge therefor; nor shall any county officer or employee make a charge or retain for his own use any compensation for permitting any person other than a county employee to make or furnish copies of any public records.

C.

Nothing in this section is intended to preclude any officer or employee of the county from participating in and benefiting from a federal, state or privately sponsored student loan repayment program or scholarship program which establishes, as a

condition for receiving loan repayment program or scholarship benefits, that the individual provide services, either at the time of the award or in the future, as an employee of a qualified entity or site. A qualified entity or site may include a county facility.

(Ord. 2013-0007 § 1, 2013: Ord. 11488 § 1, 1977: Ord. 11359 § 1, 1976: Ord. 4099 Art. 3 § 69, 1942.)

A.

Nothing in Section 5.44.020 or in any other provision of Ordinance 4099 shall be construed to prevent any officer or employee of the county from receiving for his personal use compensation from any association, nonprofit corporation or auxiliary group organization or entity of any county institute or museum, for services rendered to the county or to said association, corporation, auxiliary group, organization or entity, and for his expense of performing such services, provided such association, corporation, auxiliary group, organization or entity obtains the prior written approval of the board of supervisors to provide such compensation, files with the county auditor-controller by September 30th of each year a statement disclosing the names of county officers and employees compensated and their respective amounts of compensation for the preceding county fiscal year, and the giving or receipt of such compensation is not in violation of any state or federal law.

B.

Nor shall Section 5.44.020 be construed to prohibit those officers and employees receiving supplementary compensation, pursuant to this section, from rendering during their office hours, or hours of work for the county, services to said associations, corporations, auxiliary groups, organizations or entities.

(Ord. 11355 § 1, 1976: Ord. 4099 Art. 3 § 69.7, 1942.)

A.

If Ordinance 4099 or any other ordinance specifically permits one person to hold two county offices, and if one person does hold two such county offices and as a result thereof any provision of Ordinance 4099 requires such person to report to himself in any way as the incumbent of one of such offices to supervise or control his actions as the incumbent of the other office, or as the incumbent of one of such offices to recommend or report upon any request or other action of himself as the incumbent of the other office, then, on that event such provision of Ordinance 4099 does not apply and the provisions of this section make an exception to such provision.

B.

It is the purpose of this section to so amend and modify the other provisions of Ordinance 4099 that a person shall never be required to supervise, oversee, or in any way pass judgment upon his own actions.

(Ord. 5680 § 1 (part), 1951: Ord. 4099 Art. 3 § 71.2, 1942.)

No person shall be employed in a full-time position in the county service, as defined by the county salary ordinance, for which compensation is provided, who performs continuous or regular service outside of his regular working hours for the county in any gainful profession, trade, business or occupation whatsoever, for any person, firm, corporation or governmental entity, or who is so engaged in his own behalf, in excess of 24 hours per week; provided, however, that this provision shall not apply to a person holding a position in the county service which is less than full-time, nor to any person in the service of the county while on leave of absence from the county service without pay. It is the purpose of this provision to prohibit the employment of persons in paid full-time county positions who, by reason of their outside activities, impair their efficiency in the county service.

(Ord. 9747 § 1 (part), 1969: Ord. 4238 § 1, 1943: Ord. 4099 Art. 3 § 72, 1942.)

Any officer of the county of Los Angeles may, with the approval of the board of supervisors and subject to the rules of the civil service commission, be granted a leave of absence without pay for the purpose of permitting such officer to perform consultant or advisory service for the state or federal government, and such officer may receive and retain for his own use from the state or federal government compensation and reimbursement for expenses while so absent without pay from the county service, notwithstanding the provisions of this chapter.

(Ord. 9246 § 3 (part), 1967: Ord. 4099 Art. 3 § 71, 1942.)

Where County officers or employees or members of their families travel at no cost to the County pursuant to a contract approved by the Chief Administrative Officer or his designee, the reimbursement provisions of such contract shall control over those specified in Chapter 5.40.

(Ord. 89-0123P § 6, 1989.)

Any employee of the county of Los Angeles may, with the approval of the board of supervisors and subject to the rules of the civil service commission, be granted a leave of absence without pay, for the purpose of permitting such employee to perform technical or specialized work for the federal, state, or a municipal government during time of war or war emergency, and retain for his own use from the federal, state or municipal government all compensation and reimbursement for expenses, and may be so absent from the county service notwithstanding other provisions of this chapter.

(Ord. 9246 § 3 (part), 1967: Ord. 4099 Art. 3 § 71.1, 1942.)

Deputy registrar-recorders who serve without compensation and deputy registrar-recorders who receive no compensation except payment of $.20 per name shall be deemed to be employed for part-time service only, as those words are used in Section 5.44.080.

(Ord. 9446 § 1 (part), 1967: Ord. 8950 § 1, 1965: Ord. 4099 Art. 3 § 70.1, 1942.)

A.

No officer or employee of the county of Los Angeles shall accept employment as, or receive any remuneration in addition to their county compensation for services as, an expert witness or examiner in any proceeding before any court, board or commission in any matter in which the county is a party or in which any party to the proceeding has, in relation to the subject matter of the proceeding, been subject to the jurisdiction or regulation of the county or any county board, commission or agency.

B.

Any officer or employee of the county who is required to attend and give evidence in any judicial proceeding in his official capacity, whether by subpoena or otherwise, shall collect the full amount of fees and mileage, as prescribed by law, for each day's attendance and travel necessitated thereby, and all such officers or employees shall promptly pay to the county treasurer all such fees and mileage so collected, including any compensation paid to him or her for services as an expert witness or examiner.

C.

An officer or employee who is required or employed to attend and give evidence in any judicial proceeding in an unofficial capacity, whether by subpoena or otherwise, shall not be entitled to compensation or mileage from the county while absent

for such purpose, and may retain for his own use any fees, mileage or compensation collected for his or her service as an expert witness or examiner. Nothing in this subsection shall be deemed to authorize any officer or employee of the county to receive and retain any fees, mileage or compensation as an expert witness or examiner for any service contrary to the provisions of Sections 5.44.050, 5.44.060 and subsection A above.

(Ord. 90-0087 § 3, 1990: Ord. 4099 Art. 3 § 74, 1942.)

A.

Except as provided in subsection B, C, D or E, no physician, dentist, optometrist, podiatrist, medical or dental intern or resident or other person who is an employee, whether compensated or uncompensated, of the county or of the University of Southern California, University of California at Los Angeles, or Charles R. Drew Post-Graduate Medical Schools may bill, charge, or collect on his or her own account professional fees for direct medical or dental patient care furnished by him or her to any patient in a county hospital or other county medical or health facility, including any county hospital designated as a community hospital pursuant to the provisions of Section 14000.2 of the California Welfare and Institutions Code.

B.

Notwithstanding subsection A of this section or Section 5.44.020, for each county hospital, the county may contract with a medical group or other legal entity to authorize that medical group or legal entity to bill, charge, and collect for inpatient and outpatient care services provided by the physicians, dentists, optometrists, podiatrists and other licensed or certified non- physician practitioners of such county hospital. The methods and means by which such a medical group or other legal entity bills, charges, or collects for such services and the disposition of all funds so collected shall be as set forth in such a contract.

C.

Notwithstanding subsection A of this section, a medical group composed of two or more physicians of a county hospital's medical staff may bill and collect professional fees for the provision by such physicians of specialty or primary care services rendered on the hospital's premises either to enrollees of the county's Community Health Plan or to enrollees of any other health care service plan licensed under the California Health and Safety Code §§ 1340, et seq., with which the county has contracted. The medical group may bill and collect for these services only if a formal agreement executed by the county and by the medical group's lawful representatives expressly authorizes such action. The medical group may bill and receive compensation under such an agreement only for services rendered by its physician during hours that the physician is neither compensated as a county employee nor compensated as a faculty member of the hospital's affiliated medical school.

D.

Notwithstanding subsection A of this section, at Martin Luther King, Jr./Drew Medical Center, Rancho Los Amigos National Rehabilitation Center, Olive View-UCLA Medical Center, Los Angeles General Medical Center, Harbor-UCLA Medical Center, and High Desert Hospital, which have been designated as community hospitals, a private community physician, dentist, or podiatrist, who is not an employee, whether compensated or uncompensated, of the County and who has not otherwise received any form of compensation from the County, either directly or indirectly, for providing services to a particular patient at said medical centers or hospital, may, with the approval of the Director of Health Services, bill, charge, or collect on his or her own account, for professional fees for direct medical or dental patient care services for such patient if that patient is designated as his or her private patient upon admission or where he or she is called as a consultant to a private patient of another physician.

E.

Notwithstanding subsections A or D of this section, a medical group composed of two or more physicians of a county hospital's medical staff, or an individual practitioner on a county hospital's medical staff, may bill and collect professional fees for services directly provided by such medical group or practitioner on the hospital's premises if a formal agreement executed by the county and by the lawful representatives of the medical group or practitioner expressly authorizes such

action. The agreement may only permit the medical group or practitioner to bill and collect for services for which the medical group or practitioner is not otherwise compensated by the county, or by a hospital's affiliated medical school.

(Ord. 2024-0001 § 3, 2024; Ord. 2006-0082U § 4, 2006; Ord. 99-0036 § 2, 1999; Ord. 94-0026 § 1, 1994; Ord. 93-0087 § 1, 1993; Ord. 92-0131 § 1, 1992; Ord. 87-0166 § 1, 1987; Ord. 87-0054 § 1, 1987; Ord. 83-0026 § 1, 1983; Ord. 82-0126 § 1, 1982; Ord. 11961 § 1, 1979; Ord. 10474 § 3, 1972; Ord. 9822 § 1, 1969; Ord. 9638 § 1, 1968; Ord. 9053 § 1, 1966; Ord. 4099 Art. 3 § 69.6, 1942.)

Notwithstanding the provisions of Section 5.44.050, persons employed in positions in the physician postgraduate classifications in the county service, as defined by the county salary ordinance, for which compensation is provided, may be permitted to participate in physician service assignments not to exceed a maximum of 96 hours in any one calendar month.

(Ord. 10923 § 1, 1974: Ord. 4099 Art. 3 § 72.1, 1942.)

Nothing in Section 5.44.020 or in any other provision of Ordinance 4099 shall be construed to prevent volunteer, noncompensated employees of county hospitals and other health care facilities, employed in positions provided for in the salary ordinance of the county of Los Angeles (Ordinance 6222), from receiving compensation for their personal use from nonprofit organizations after approval by the director of health services of the source, purpose and amount of such compensation.

(Ord. 11338 § 1, 1976: Ord. 4099 Art. 3 § 69.7, 1942.)

Notwithstanding the provisions of Sections 5.44.020 through 5.44.090, 5.44.110 and 5.44.130, any person holding a regular, full-time job in the county service for which compensation is provided may also be designated as the treasurer of an employees' credit union and may hold and perform the duties of such position, and may receive and retain for his own use any and all compensation fixed by the credit union, provided that such service is performed outside of county hours.

(Ord. 4099 Art. 3 § 73.1, 1942.)

Any person holding a regular, full-time position in the county service for which compensation is provided may also be employed by a city outside of the hours he is employed by the county on any city election, including a city primary election, and may receive and retain for his own use any and all compensation paid to him by such city for such services.

(Ord. 2006-0003 § 4, 2006: Ord. 8790 § 1, 1965: Ord. 4099 Art. 3 § 73.2, 1942.)

Notwithstanding the provisions of Sections 5.44.020 through 5.44.090, 5.44.110 and 5.44.130, any person holding a regular, full-time position in the county service for which compensation is provided may also be employed outside of the hours during which he is employed by the county, by a Mosquito Abatement District for not more than 24 hours per week, if the head of the department for which he is working approves. Such department head may withdraw such approval at any time. Upon such withdrawal, such employee may no longer work for such Mosquito Abatement District.

(Ord. 4500 § 1, 1945: Ord. 4099 Art. 3 § 73.3, 1942.)

A.

A member of the County of Los Angeles Board of Supervisors shall not receive any compensation for services they provide other than that compensation provided for by the County Charter.

B.

A member of the County of Los Angeles Board of Supervisors shall not: (1) receive compensation for affiliating with or being employed by a firm, partnership, association, corporation, or other entity that provides professional services involving a fiduciary relationship; or (2) permit that member's name to be used by any such firm, partnership, association, corporation, or other entity. For purposes of this section, "fiduciary" denotes an obligation to act in another person's best interests or for that person's benefit, or a relationship of trust that one relies on the integrity, fidelity, and judgment of another. Professional services involving a "fiduciary relationship" may include legal, real estate, consulting and advising, insurance, medicine, architecture, or financial services.

(Ord. 2022-0013 § 1, 2022.)