Ethics
Advisory Opinion No. 57
January
9, 2002
Issued
By: City Attorney’s Office
Whether a City
employee may teach classes at local colleges and universities and related
question.
An employee has asked whether he may teach
classes at local colleges and universities and whether he may provide training
to an organization that is in partnership with the City to provide child care
services. The following facts are presented:
The Children’s Resources Division, Child
Care Delivery System (CCDS) handles agreements with over 500 licensed child
care programs and provides training to child caregivers. A supervisor in this
division is responsible for, among other things, overseeing the Quality
Initiatives program and supervising 12 Vendor Management staff. The supervisor
also serves on many committees with staff from local colleges and universities
and teaches Child Development classes at these colleges. Several of the
students in the classes are also CCDS providers.
The individual has expressed an interest in
training on Quality Child Care practices for Smart Start for Teachers.
Currently, the City is subject to a Memorandum of Understanding between Family
Service Association of San Antonio, Inc. (FSA) and the City’s Department of
Community Initiatives, Children’s Resources Division (CRD) which defines the
roles of each party. Under the terms of the MOU, the CRD is responsible for,
among other things, "coordinat[ing] and work[ing] closely with FSA to
maximize effectiveness of the [Quality Initiatives Assistance]: [Child Care
Training] and [Early Childhood Development Resources] services, and to develop
and refine initiatives promoting infant/toddler and school age care, and
resource and referral activities." The issues are whether the
individual may accept payment for teaching the college courses and whether the
individual may provide training on child care practices for Smart Start.
Improper Economic Benefit. As a general rule, a City employee may not take any
official action that he knows is likely to have an effect on, among others, his
economic interest or the economic interest of his outside employer. Should such
occur, the employee is required to recuse himself immediately, refraining from
any further participation in the matter, and disclose in writing to the
City Clerk the economic benefit. Therefore, if an issue involving one of the
local colleges and/or universities at which the employee provides services
requires action by the City employee in his position as a supervisor in the
CRD, he must recuse himself from any and all discussions, and disclose the
matter to the City Clerk’s Office and his supervisor. He is not, however,
required to recuse and disclose on an official action involving one of his
students.
Unfair Advantage of Private Interest. Part B, Section 2 of the Code[1] prohibits all City
employees from using their position "to unfairly advance or impede
private interests, or to grant or secure, or attempt to grant or secure, for
any person (including himself [ ]) any form of special consideration, treatment,
exemption, or advantage beyond that which is lawfully available to other
persons." This section requires the supervisor to treat all CCDS
providers equally, and, as such, those CCDS providers who are also students of
the employee in the college setting should neither receive favorable or
unfavorable treatment through the CCDS Program.
Confidential Information. All City employees are prohibited from using their
position to obtain confidential information for purposes other than the
performance of their duties and/or from intentionally or knowingly disclosing
such information gained as a result of their position. Therefore, the employee
may neither garner nor disclose such information to anyone, including any
outside employer.
Representation of Private Interest. Part B, Section 5(b)[2]
prohibits a City employee from representing any entity, other than himself, his
spouse, or minor children, before the City. Representation before the City
includes actions by word or conduct made to induce either the City Council
and/or City staff to take action on behalf of the outside entity. Pursuant to
this section, the City employee may not request City Council and/or City staff
to take action on behalf of any local college and/or university by which he is
employed.
Conflicting Outside Employment. Generally, a City employee may not engage in
outside employment that may influence the performance of his official duties.
More specifically, "a City . . . employee shall not provide services to an
outside employer related to the . . . employee’s City duties." In
determining what services conflict with the employee’s City duties, both the
skills of the employee and the projects he is involved with must be examined.
Conflicts arise where the skills and projects of the outside employer require
action by the City employee that compromise the skills and projects he provides
the City.
One of the essential job functions of a
child care supervisor is to assist individuals with child care needs and
planning. This includes, but is not limited to, supervising, training and
evaluating client services staff. The supervisor is also responsible for
monitoring files and providing technical assistance on billing and other
related items. Although training of client services staff may be a minimal requirement
of the supervisor, the training for such results from the same agreement under
which the supervisor provides technical assistance, equipment, and materials.
Arguably, the two (2) job functions intertwine such that the services the City
employee would provide to Smart Start are related to his duties with the City
and may compromise such duties. This would be a violation of the Ethics Code,
and, therefore, employment with Smart Start should not be pursued.
Teaching child care classes at the local colleges
and universities, on the other hand, is a project that appears to be unrelated
to the project for which the employee performs work on by virtue of his City
employment. Moreover, teaching a class is a service that is distinct from
training individuals. Therefore, the employee may engage in this outside
employment provided he receives written approval from the Department director
prior to engaging in said employment.
Public Property and Resources. Part B, Section 7 of the Code[3] prohibits City
employees from using "City facilities, personnel, equipment or supplies
for private purposes." Pursuant to this section, the employee may
neither use City of
Prohibited Interest in Contract. Part B, Section 10[4] prohibits City
employees from having a financial interest in a contract with the City or its
agencies including the SAWS or CPS. Under this section, a City employee is "any
employee of the City who is required to file a financial disclosure statement
pursuant to Section 1(a) of Part G[5]."
Because the employee is not a City employee as defined in this section, this
section does not apply.
SUMMARY
City employees are governed by the standards
of conduct set forth in the Ethics Code of the City of
Because teaching college classes is a
project and a services unrelated to the employees duties with the City, he may
engage in such outside employment provided he obtain the proper permission. The
employee may not, however, pursue outside employment where the job functions
for City employment and the outside employer are not only similar in nature but
also result from the same agreement.
Moreover, the employee must remain cognizant
of all of the standards of conduct, many of which are discussed in this opinion.
This includes, but is not limited to, the requirement to recuse and disclose
where official action as a City employee is to be made on his outside employer.
STEVEN ARRONGE