Ethics
Advisory Opinion No. 30
September
13, 1999
Issued
By: City Attorney’s Office
Whether City
employees at the
The Department of Community Initiatives has
asked whether City employees at the
The Department of Community Initiatives is
comprised of a number of divisions including, among others, the
Several City employees at the Center are
also employed by the Board for services rendered at Board activities and
events. Such compensation is stated to be for services that are separate and
distinct from the employee’s regular duties as a City employee and is in lieu
of salary supplement checks received in past years.
The issue is whether these individuals may
be employed by the Board given their position with the City. Under the Ethics
Code of the City of
Conflicting Outside Employment. Generally, a City employee may not engage in
outside employment which may influence the performance of the employee’s
official duties. More specifically, "a City ... employee shall not
provide services to an outside employer related to the . . . employee’s City
duties."
Moreover, all employees who engage in
outside employment must comply with Administrative Directive 4.47. A.D. 4.47
requires the employee to obtain written approval from the Department Director
prior to engaging in outside employment, a copy of which is filed in the
employee’s personnel folder. If written approval has not been granted prior to
engaging in outside employment, the employee may be subject to disciplinary
action.
Each position at issue will be discussed
below.
Cultural
Center Supervisor. The essential job functions of the Cultural Center
Supervisor include, but are not limited to, the following:
- Coordinating the production of cultural events;
- Identifying potential funding sources and
individuals;
- Drafting formal grant applications;
- Coordinating assignments of center volunteers
and meetings for the Board and planning its involvement with the Center;
and
- Developing and administering long range program
and facility planning for the Center.
The Center’s Supervisor is also the
President of the Board. In such capacity, she has contracted with the Board to
provide the following professional services:
- Managing the event and program activity;
- Researching and identifying potential sources
of gifts and revenues;
- Developing funding proposal and grant
applications;
- Providing staff support to Board Committees and
implementing plans; and
- Developing program, staff and organizational
plans.
Administrative
Assistant II. The Administrative Assistant II coordinates office services
including budget preparation and personnel supervision. Pursuant to a 1997-98
season contract with the Board, the employee holding said position agreed to
manage the events and Carver volunteers and to provide box office assistance.
Booking Specialist. The Booking Specialist is responsible for assisting
public, civic and social agencies in booking and renting space in City
facilities. The employee holding said position also contracted with the Board
to manage the events and Carver volunteers and to provide box office assistance
for the Board’s 1997-98 season.
Program
Coordinator. The Program Coordinator performs administrative and
supervisory work including, but not limited to, coordinating and reviewing
specific projects. For its 1997-98 season, the Board contracted with the City’s
Program Coordinator to coordinate event logistics and event transportation.
Public
Information Officer. The Public
Information Officer ("PIO") is generally responsible for performing
journalistic and public contract work, including preparing scripts to be
presented in the media. For its 1997-98 season, the Board contracted with the
PIO to provide certain services, including developing promotional material.
All of the individuals described above were
employed by both the City’s Center and the Board. Arguably, in each case, the
two (2) job functions, intertwine such that the City employee provides services
to the Board, an outside employer, related to his duties with the City. This is
a violation of the Ethics Code, and therefore, such employment with the Board
should not continue.
The employee may, however, provide services
to the Board unrelated to services rendered by virtue of his City employment.
If such be the case, the employee must receive written approval from the
Department Director prior to engaging in the outside employment.
SUMMARY
City employees are governed by the standards
of conduct as set forth in the Ethics Code of the City of
FRANK J. GARZA
City Attorney