SECTIONS 1125-1129 - California Statutes

GOVERNMENT CODE

SECTION 1125-1129

1125. "Local agency," as used in this article, means a county,
city, city and county, political subdivision, district, or municipal
corporation.

1126. (a) Except as provided in Sections 1128 and 1129, a local
agency officer or employee shall not engage in any employment,
activity, or enterprise for compensation which is inconsistent,
incompatible, in conflict with, or inimical to his or her duties as a
local agency officer or employee or with the duties, functions, or
responsibilities of his or her appointing power or the agency by
which he or she is employed. The officer or employee shall not
perform any work, service, or counsel for compensation outside of his
or her local agency employment where any part of his or her efforts
will be subject to approval by any other officer, employee, board, or
commission of his or her employing body, unless otherwise approved
in the manner prescribed by subdivision (b).
(b) Each appointing power may determine, subject to approval of
the local agency, and consistent with the provisions of Section 1128
where applicable, those outside activities which, for employees under
its jurisdiction, are inconsistent with, incompatible to, or in
conflict with their duties as local agency officers or employees. An
employee's outside employment, activity, or enterprise may be
prohibited if it: (1) involves the use for private gain or advantage
of his or her local agency time, facilities, equipment and supplies;
or the badge, uniform, prestige, or influence of his or her local
agency office or employment or, (2) involves receipt or acceptance by
the officer or employee of any money or other consideration from
anyone other than his or her local agency for the performance of an
act which the officer or employee, if not performing such act, would
be required or expected to render in the regular course or hours of
his or her local agency employment or as a part of his or her duties
as a local agency officer or employee or, (3) involves the
performance of an act in other than his or her capacity as a local
agency officer or employee which act may later be subject directly or
indirectly to the control, inspection, review, audit, or enforcement
of any other officer or employee or the agency by which he or she is
employed, or (4) involves the time demands as would render
performance of his or her duties as a local agency officer or
employee less efficient.
(c) The local agency shall adopt rules governing the application
of this section. The rules shall include provision for notice to
employees of the determination of prohibited activities, of
disciplinary action to be taken against employees for engaging in
prohibited activities, and for appeal by employees from such a
determination and from its application to an employee. Nothing in
this section is intended to abridge or otherwise restrict the rights
of public employees under Chapter 9.5 (commencing with Section 3201)
of Title 1.
(d) The application of this section to determine what outside
activities of employees are inconsistent with, incompatible with, or
in conflict with their duties as local agency officers or employees
may not be used as part of the determination of compensation in a
collective bargaining agreement with public employees.

1127. It is not the intent of this article to prevent the
employment by private business of a public employee, such as a peace
officer, fireman, forestry service employee, among other public
employees, who is off duty to do work related to and compatible with
his regular employment, or past employment, provided the person or
persons to be employed have the approval of their agency supervisor
and are certified as qualified by the appropriate agency.

1128. Service on an appointed or elected governmental board,
commission, committee, or other body by an attorney employed by a
local agency in a nonelective position shall not, by itself, be
deemed to be inconsistent, incompatible, in conflict with, or
inimical to the duties of the attorney as an officer or employee of
the local agency and shall not result in the automatic vacation of
either such office.

1129. Service on the Board of Directors of the Local Agency
Self-Insurance Authority by an officer or employee of a local agency,
as defined by subdivision (a) of Section 6599.02, or by a person who
serves in an appointed or employed position with an agency or entity
created by a joint powers agreement pursuant to Section 6503.5 to
provide insurance pooling, shall not, by itself, be deemed to be
inconsistent, incompatible, in conflict with, or inimical to, duties
of the officer or employee in either capacity.