San Mateo County Municipal Code Ch. 2.75 Incompatible Activities of County Employees

Pursuant to section 1125 et seq. of the Government Code, the following rules shall govern the determination of incompatible activities of County officers and employees. It is intended by this chapter to authorize the various department heads to establish rules prohibiting such incompatible activities, and nothing herein shall be interpreted as restricting any such department head from prohibiting any employee in his department from engaging in any activity which, in the opinion of said department head, adversely affects or reflects upon his department or upon the County of San Mateo, nor shall anything herein be construed as limiting in any way the operation of any other rule, regulation, statute, or ordinance restricting outside employment of County employees.

(Ord. 4324, 08/15/06)

Each department head, hereinafter referred to as "appointing authority," shall formulate rules specifying those activities which shall be prohibited for officers or employees within his department, and which, in the opinion of such appointing authority, are inconsistent with, incompatible to, or in conflict with, or inimical to, the duties of such officers or employees. Such rules may prohibit an officer's or employee's outside activity or employment if:

(a) It involves the use for private gain or advantage of his County time, facilities, equipment or supplies; or the badge, uniform, prestige or influence of his County office or employment;

(b) It involves the receipt by the officer or employee of any money or other consideration from anyone other than the County for the performance of an act which the officer or employee would be required or expected to render in the regular course of hours of his County employment or as a part of his duties as a County officer or employee;

(c) It involves the performance of an act in other than his capacity as a County officer or employee which act later may be subject, directly or indirectly, to control, inspection, review, audit, or enforcement of any other officer or employee of the County; or

(d) It involves such time demands as would interfere with the efficient performance of his County duties. Such rules shall provide for disclosure by officers and employees of their outside activities for compensation which relate to their County duties or which may be subject to review by any other officer, employee, board or commission of the County. Approval of such outside activity shall be based upon a determination by the appointing authority that the activity in question is not in conflict with the officer's or employee's County responsibilities. Such rules shall state that disciplinary action may be taken against any employee engaging in prohibited outside activity.

(Ord. 4324, 08/15/06)

The rules formulated by each appointing authority shall be submitted by that appointing authority for review and approval to a Committee on Incompatible Activities composed of the County Manager, Director of Employee and Public Services, and County Counsel, or their designees and two other department heads to be designated by the other Committee members. Officers and employees shall be given prior notification of the review, and such review shall constitute the employees' right of appeal from the determination of prohibited activities made by the appointing authority.

(Ord. 4324, 08/15/06)

The appointing authority shall provide each officer and employee and all new officers and employees under his or her jurisdiction with a copy of such approved rules for the department. Each officer and employee shall be notified by his appointing authority of any additions to, or changes in, the determination of prohibited activities.

(Ord. 4324, 08/15/06)

Participation in any prohibited activity by any classified officer or employee, after proper notification of such prohibition pursuant to the provisions of section 2.75.040 of this chapter, may be cause for suspension, demotion, reprimand, transfer, or dismissal within the provisions of the Charter of the County of San Mateo, and the Rules and Regulations of the Civil Service Commission. The provisions of Civil Service Rule XIX as to notice and hearing shall be applicable to any determination that a classified officer or employee has engaged in any prohibited outside activity.

Any unclassified officer or employee may, upon being notified by his appointing authority that he has engaged in prohibited activity, request a hearing before that appointing authority, and such hearing shall be given to said officer or employee within a reasonable time. Participation in any prohibited activity by an unclassified employee or officer may be cause of suspension, demotion, reprimand, transfer, or dismissal, provided however, that if disciplinary action is taken against an unclassified officer or employee on the ground that said officer or employee has engaged in prohibited outside activity, said officer or employee may appeal that action to the Committee on Incompatible Activities, which Committee shall inquire into the facts surrounding said disciplinary action, and shall thereafter make a recommendation to the appointing authority on the question of whether the proposed disciplinary action should be taken. Said recommendation shall not be binding on the appointing authority.

(Ord. 4324, 08/15/06)

Those officers and employees and members of boards and commissions appointed by the Board of Supervisors shall disclose to the Committee on Incompatible Activities, in writing within thirty days of being notified of their appointment by the Board of Supervisors, whichever date shall occur last, any outside employment or activity engaged in for compensation which relates to their County duties or to the functions and responsibilities of the department which they serve, or of the board or commission to which they have been appointed, and thereafter for so long as they serve the County, they shall advise said Committee, in writing, of any material change in said outside employment or activity engaged in for compensation within thirty days of said change. Said Committee shall review all such reports and submit them to the Board of Supervisors, together with said Committee's recommendation for approval or disapproval of such officers', employees', board members', or commission members' outside activity.

(Ord. 4324, 08/15/06)

No person shall be employed in a full-time position in the County Service, as defined by the County salary and benefits ordinance for which compensation is provided, who performs continuous or regular service outside of his or her regular working hours for the County, in any gainful profession, trade, business, or occupation whatsoever for any person, firm, or corporation, district or governmental body, or who is so engaged in his or her own behalf, in excess of twenty 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. An employee may be exempted from the operation of this section, however, upon obtaining the approval of his or her appointing authority.

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. 4324, 08/15/06)