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City Council Meeting 6-23-81
Santa Monica, California
STAFF REPORT
To: Mayor and City Council
From: City Attorney
Subject: Ordinance Limiting Outside Employment of City
Management employees.
INTRODUCTION
The proposed ordinance, requested by City Council on
November 11, 1980, would amend Section 2107B of the Municipal
Code to prohibit city management officials from engaging in
outside employment or consulting engagements related to their
professional fields or official functions.
BACKGROUND
Section 2107B of the Municipal Code governs outside
activities of classified city employees. It provides that
classified employees may engage in outside activities which will
not interfere with the efficient and effective performance of
their work for the city. Outside activities must be recommended
by the appointing authority (department head) and approved by the
Personnel Board.
Any outside activity is prohibited if it would "create a
conflict of responsibility or duty between the employee's city
work responsibility and the proposed Outside Activity," or
"would, by its nature, tend to reduce the ability of the employee
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to exercise completely independent and unfettered judgment with
respect to effectively discharging city work responsibility.°'
The City Council, in directing the adoption of the proposed
amendment, was concerned that the current law was susceptible of
abuse and that it did not cover unclassified employees. It
requested an additional prohibition against outside activity
which is in any way related to the professional field or official
function of the City Manager, City Attorney, Chief of Police,
City Clerk, and all department or division heads. Two exemptions
were suggested---teaching activities at accredited institutions
and specific activities approved by the City Council.
The proposed ordinance effects this direction by amending
Section 2107B by adding the following paragraph:
Notwithstanding any other provision
of law, any Outside Activity in any way
related to the professional field or
official function of the City Manager,
City Attorney, City Clerk, Chief of
Police, and any Department Head or
Division Manager of the City is
prohibited except upon specific
application and approval by the City
Council. The City Manager shall
determine which positions are "Division
Managers." Educational activities at
accredited institutions are exempted from
this prohibition to the extent such
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activities do not conflict with the
official functions of such employees.
The regulation of the terms and conditions of employment of
city employees is clearly within the power of the City Council.
The ordinance does not absolutely prohibit outside activity; it
simply expands the coverage of the existing ordinance and
transfers the authority for approval of outside activities of
management employees from the Personnel Board to the City
Council. Since the authority to approve outside activities is
conferred on the Personnel Board by ordinance and not by the City
Charter, this transfer of authority is lawful under City Charter
Sections 605 and 1303.
ALTERNATIVES
The City Council may introduce the ordinance as drafted,
introduce it with amendments, or reject it.
RECOMMENDATION
If the City Council desires to implement its previous
directive, it is respectfully recommended that the proposed
ordinance be introduced as drafted.
PREPARED BY: Robert M. Myers, City Attorney
Stephen Shane Stark, Assistant City Attorney
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