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HomeMy WebLinkAboutReso 1993-16949 RESOLUTION NO. 16949 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE INCOMPATIBLE ACTIVITIES CODE FOR THE CITY OF CHULA VISTA AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WHEREAS, pursuant to Council direction on 4/7/92, staff has developed the proposed Incompatible Activities Code for the City of Chula Vista and the Redevelopment Agency of the City of Chula Vista; and, WHEREAS, this Code will apply to employees and officers including members of Boards, Commissions, and Committees and provides general prohibitions as well as specific prohibitions for managerial employees and Police Department employees (consistent with the existing Police Department manual); and, WHEREAS, as directed by Council in instructions to negotiators, the Personnel Director and Assistant City Attorney met and conferred at length with represented and unrepresented employees to discuss the proposed Code; and, WHEREAS, the four represented bargaining groups of the City of Chula Vista (I.A.F.F, P.O.A., C.V.E.A, and W.C.E) have signed the Incompatible Activities Code; and, WHEREAS, additional meetings were held with the Unrepresented, Mid- Management, and Executive groups and acceptance of the Code was acknowledged by those groups; and, WHEREAS, per Section V of the Code, those currently engaged in a outside activity for compensation which may be considered incompatible by the Code must file an application for determination within 30 days of the adoption of the Code; and, WHEREAS, the Board of Ethics, at its meeting of April 7, 1992, recommended the adoption of the Incompatible Activities Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the Incompatible Activities Code for the City of Chula Vista and the Redevelopment Agency of the City of Chula Vista, as set forth in the attached Exhibit "A". Presented by Appr ed as to for ?y Candy Boshe~ Bruce M. Boogaar~ Director of Personnel City Attorney Resolution No. 16949 Page 2 INCOMPATIBLE ACTIVITIES CODE FOR THE CITY OF CHULA VISTA AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA I. PURPOSE This Code is adopted to provide notice to employees and officers, of the determination of prohibited activities; furnish a uniform code for determining incompatible activities; give notice of disciplinary procedures for engaging in prohibited incompatible activities; establish appeal processes from such determinations. The requirements herein apply to all employees and officers of the City of Chula Vista (City) and its Redevelopment Agency (Agency) and are in addition to the requirements of the Political Reform Act, Government Code 1090, the Conflict of Interest Code of Chula Vista and the Redevelopmerit Agency of the City of Chula Vista, any other state and local laws and official departmental policies pertaining to conflicts of interest. This Code does not apply to the Mayor and members of the City Council or to members of advisory boards, commissions and committees. II. PROHIBITED INCOMPATIBLE ACTIVITIES A. General Prohibitions All employees and officers of the City and Agency are prohibited from engaging in any outside employment, enterprise, or activity for compensation that is not EXPRESSLY AUTHORIZED by the City or Agency which: 1. involves the use of the City's or Agency's facilities, equipment or supplies; or 2. involves the use of a City or Agency badge, uniform, letterhead, or any symbol which represents the City or Agency; or 3. involves the use of the City's or Agency's time, prestige, influence, or confidential information; or 4. involves compensation from an outside source for duties which the employee or officer is already being compensated for by the City or Agency; or 5. may be subject to direct or indirect inspection, review, audit, control, approval, or enforcement by any City or Agency employee or officer; or 6. is for an employer whose business activity within the City of Chula Vista may be subject to direct or indirect inspection, review, audit, control, approval, or enforcement of any City or Agency employee or officer; or 7. involves such time or physical demands that would hinder the performance of the employee's or officer's duties. 8. Specific Prohibitions 1. Police Department a. The following are specifically prohibited incompatible activities unique to the Police Department and apply to all classifications within that Department. These prohibitions are to be considered in addition to the General Prohibitions. Resolution No. 16949 Page 3 1. Employment by any business which would reflect unfavorably on the police department. 2. Employment by any business while the employee is carried on sick or injury on duty status unless first approved by the Police Chief. 3. Employment by any private investigative agency. b. The following are specifically prohibited incompatible activities unique to sworn Police Department employees in the classifications of Peace Officer, Police Agent, Police Sergeant and Police Lieutenant. These prohibitions are to be considered in addition to the General Prohibitions. 1. Employment by any business which engages in the sale or dispensing of alcoholic beverage. 2. Employment by any private police agency within city limits of Chula Vista. 3. Employment by any business which would be considered inconsistent with the proper performance of police duties. 2. Managerial Employees The following are specifically prohibited incompatible activities unique to managerial employees. For purposes of this Code managerial employees are all employees of the City and Agency described as mid-management and above in the Executive and Mid-Management Fringe Benefit Resolution, and the term 'doing business' includes any interaction with the City which may be subject to Section II {A){6). These specific prohibitions are in addition to the General Prohibitions but do not apply when services are provided to educational institutions or governmental agencies. When services are provided to educational institutions or governmental agencies for compensation and there may be a prohibition as described in Section II(A), General Prohibitions, then a determination of compatibility shall be made in accordance with Section III, hereof. Managerial employees are specifically prohibited from engaging in any activity for compensation for any person or business entity that: a. has done business with the City within the previous twenty-four {24} months; or b. is currently doing business with the City or Agency; or c. is determined by the City Manager as likely to do business in the future with the City or Agency. III. DETERMINATION OF PROHIBITED INCOMPATIBLE ACTIVITIES A. Initial Application Any employee, or officer who wishes to engage in an outside activity, enterprise or employment for compensation which may be considered an incompatible activity prohibited by this Code shall complete an application form promulgated by the Director of Personnel and submit it to their Department Head or other appointing authority for a determination of whether the activity i s prohibited, PRIOR to engaging in the activity. Except for the City Council, each Department Head shall approve or disapprove the application following consultation with, and upon the advice of the City Manager, or the City Manager's designee, and will give Resolution No. 16949 Page 4 notice of the decision to the applicant within ten working days of the date of application. If the appointing authority is the City Council the application shall be placed on the next Council Agenda for a determination. The City Manager shall notify the Council of all managerial employees who receive approval for outside employment. B. Subsequent Applications Any employee or officer who is engaging in an activity which is covered by this Code with proper written authorization from the City or Agency shall submit a new application annually, and prior to any of the following events; 1. Change in employer. 2. Change in the scope or character of the outside activity. 3. Change in the scope or character of the employer's business. 4. Change in the scope or assignment of the employee's City or Agency employment duties. IV. APPEAL OF DETERMINATIONS An employee or officer may appeal a determination of a prohibited incompatible activity through the Complaint Resolution Procedure. V. NOTICE OF THE REQUIREMENTS OF THIS CODE Adoption of this Code serves as notice to all employees and officers of the City and Agency of the Requirements of this Code, and the possibility of disciplinary action for any violations of this Code. The City and Agency shall provide a copy of this Code to all employees and officers. Persons currently engaged in an outside activity for compensation which may be considered incompatible by this Code shall file an application in accordance with Section III (A) within thirty (30) days of the adoption of this Code. VI. DISCIPLINARY ACTIONS FOR ENGAGING IN PROHIBITED ACTIVITIES Any employee or officer who engages in an incompatible activity without prior written approval, as authorized by this Code, may be subject to disciplinary action, up to and including termination of employment and/or service. VII. APPEAL OF DISCIPLINARY ACTIONS An employee or officer may appeal any disciplinary action that is the result of the provisions of this Code through the disciplinary appeal procedure applicable to his or her classification: According to the Civil Service Rules for classified employees; or, the Complaint Resolution Procedure for unclassified employees and officers; Charter Section 500 (b) procedure for termination of unclassified personnel. VIII. INCOMPATIBLE ACTIVITIES CODE INFORMATIONAL TRAINING The City and Agency shall establish and continue on a yearly basis an education program designed to inform employees and officers of the requirements of this Code and to address specific issues raised by this Code. Similar individual training will be provided for new employees and officers as part of their orientation process. Resolution No. 16949 Page 5 I hereby agree to the provisions of the Incompatible Activities Code for the City of Chula Vista and the Redevelopment Agency of the City of Chula Vista. B~T~p2 Date Sue Brown, CVEA Date "~an Date Resolution No. 16949 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of January, 1993, by the following vote: YES: Councilmembers: Fox, Hotton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: B~verl~' X. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16949 was duly passed, approved, and adopted by the City Council held on the 12th day of January, 1993. Executed this 12th day of January, 1993. ever y AFAut ~let, City Clerk h