19990. A state officer or employee shall not engage in any
employment, activity, or enterprise which is clearly inconsistent,
incompatible, in conflict with, or inimical to his or her duties as a
state officer or employee.
Each appointing power shall determine, subject to approval of the
department, those activities which, for employees under its
jurisdiction, are inconsistent, incompatible or in conflict with
their duties as state officers or employees. Activities and
enterprises deemed to fall in these categories shall include, but not
be limited to, all of the following:
(a) Using the prestige or influence of the state or the appointing
authority for the officer's or employee's private gain or advantage
or the private gain of another.
(b) Using state time, facilities, equipment, or supplies for
private gain or advantage.
(c) Using, or having access to, confidential information
available by virtue of state employment for private gain or advantage
or providing confidential information to persons to whom issuance of
this information has not been authorized.
(d) Receiving or accepting money or any other consideration from
anyone other than the state for the performance of his or her duties
as a state officer or employee.
(e) Performance of an act in other than his or her capacity as a
state officer or employee knowing that the act may later be subject,
directly or indirectly to the control, inspection, review, audit, or
enforcement by the officer or employee.
(f) Receiving or accepting, directly or indirectly, any gift,
including money, or any service, gratuity, favor, entertainment,
hospitality, loan, or any other thing of value from anyone who is
doing or is seeking to do business of any kind with the officer's or
employee's appointing authority or whose activities are regulated or
controlled by the appointing authority under circumstances from which
it reasonably could be substantiated that the gift was intended to
influence the officer or employee in his or her official duties or
was intended as a reward for any official actions performed by the
officer or employee.
(g) Subject to any other laws, rules, or regulations as pertain
thereto, not devoting his or her full time, attention, and efforts to
his or her state office or employment during his or her hours of
duty as a state officer or employee.
The department shall adopt rules governing the application of this
section. The rules shall include provision for notice to employees
prior to the determination of proscribed activities and for appeal by
employees from such a determination and from its application to an
employee. Until the department adopts rules governing the application
of this section, as amended in the 1985-86 Regular Session of the
Legislature, existing procedures shall remain in full force and
effect.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19990.5. Notwithstanding Sections 18000 and 19990, state officers
and employees may render services during their office hours, or hours
of work for the state, if compensation for these services may be
made pursuant to Section 18000.5.
19990.6. (a) Service on a local appointed or elected governmental
board, commission, committee, or other body or as a local elected
official by an attorney employed by the state in a nonelected
position or by an administrative law judge, as defined in Section
11475.10, shall not, by itself, be deemed to be inconsistent,
incompatible, in conflict with, or inimical to, the duties of the
attorney or administrative law judge as a state officer or employee
and shall not result in the automatic vacation of either office.
(b) Nothing in this section shall be construed to prohibit an
administrative law judge, as defined in Section 11475.10, or an
attorney employed by the state in a nonelected position from serving
on any other appointed or elected governmental board, commission,
committee, or other body, consistent with all applicable
conflict-of-interest statutes and regulations and judicial canons of
ethics.
19990. A state officer or employee shall not engage in any
employment, activity, or enterprise which is clearly inconsistent,
incompatible, in conflict with, or inimical to his or her duties as a
state officer or employee.
Each appointing power shall determine, subject to approval of the
department, those activities which, for employees under its
jurisdiction, are inconsistent, incompatible or in conflict with
their duties as state officers or employees. Activities and
enterprises deemed to fall in these categories shall include, but not
be limited to, all of the following:
(a) Using the prestige or influence of the state or the appointing
authority for the officer's or employee's private gain or advantage
or the private gain of another.
(b) Using state time, facilities, equipment, or supplies for
private gain or advantage.
(c) Using, or having access to, confidential information
available by virtue of state employment for private gain or advantage
or providing confidential information to persons to whom issuance of
this information has not been authorized.
(d) Receiving or accepting money or any other consideration from
anyone other than the state for the performance of his or her duties
as a state officer or employee.
(e) Performance of an act in other than his or her capacity as a
state officer or employee knowing that the act may later be subject,
directly or indirectly to the control, inspection, review, audit, or
enforcement by the officer or employee.
(f) Receiving or accepting, directly or indirectly, any gift,
including money, or any service, gratuity, favor, entertainment,
hospitality, loan, or any other thing of value from anyone who is
doing or is seeking to do business of any kind with the officer's or
employee's appointing authority or whose activities are regulated or
controlled by the appointing authority under circumstances from which
it reasonably could be substantiated that the gift was intended to
influence the officer or employee in his or her official duties or
was intended as a reward for any official actions performed by the
officer or employee.
(g) Subject to any other laws, rules, or regulations as pertain
thereto, not devoting his or her full time, attention, and efforts to
his or her state office or employment during his or her hours of
duty as a state officer or employee.
The department shall adopt rules governing the application of this
section. The rules shall include provision for notice to employees
prior to the determination of proscribed activities and for appeal by
employees from such a determination and from its application to an
employee. Until the department adopts rules governing the application
of this section, as amended in the 1985-86 Regular Session of the
Legislature, existing procedures shall remain in full force and
effect.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19990.5. Notwithstanding Sections 18000 and 19990, state officers
and employees may render services during their office hours, or hours
of work for the state, if compensation for these services may be
made pursuant to Section 18000.5.
19990.6. (a) Service on a local appointed or elected governmental
board, commission, committee, or other body or as a local elected
official by an attorney employed by the state in a nonelected
position or by an administrative law judge, as defined in Section
11475.10, shall not, by itself, be deemed to be inconsistent,
incompatible, in conflict with, or inimical to, the duties of the
attorney or administrative law judge as a state officer or employee
and shall not result in the automatic vacation of either office.
(b) Nothing in this section shall be construed to prohibit an
administrative law judge, as defined in Section 11475.10, or an
attorney employed by the state in a nonelected position from serving
on any other appointed or elected governmental board, commission,
committee, or other body, consistent with all applicable
conflict-of-interest statutes and regulations and judicial canons of
ethics.
19990. A state officer or employee shall not engage in any
employment, activity, or enterprise which is clearly inconsistent,
incompatible, in conflict with, or inimical to his or her duties as a
state officer or employee.
Each appointing power shall determine, subject to approval of the
department, those activities which, for employees under its
jurisdiction, are inconsistent, incompatible or in conflict with
their duties as state officers or employees. Activities and
enterprises deemed to fall in these categories shall include, but not
be limited to, all of the following:
(a) Using the prestige or influence of the state or the appointing
authority for the officer's or employee's private gain or advantage
or the private gain of another.
(b) Using state time, facilities, equipment, or supplies for
private gain or advantage.
(c) Using, or having access to, confidential information
available by virtue of state employment for private gain or advantage
or providing confidential information to persons to whom issuance of
this information has not been authorized.
(d) Receiving or accepting money or any other consideration from
anyone other than the state for the performance of his or her duties
as a state officer or employee.
(e) Performance of an act in other than his or her capacity as a
state officer or employee knowing that the act may later be subject,
directly or indirectly to the control, inspection, review, audit, or
enforcement by the officer or employee.
(f) Receiving or accepting, directly or indirectly, any gift,
including money, or any service, gratuity, favor, entertainment,
hospitality, loan, or any other thing of value from anyone who is
doing or is seeking to do business of any kind with the officer's or
employee's appointing authority or whose activities are regulated or
controlled by the appointing authority under circumstances from which
it reasonably could be substantiated that the gift was intended to
influence the officer or employee in his or her official duties or
was intended as a reward for any official actions performed by the
officer or employee.
(g) Subject to any other laws, rules, or regulations as pertain
thereto, not devoting his or her full time, attention, and efforts to
his or her state office or employment during his or her hours of
duty as a state officer or employee.
The department shall adopt rules governing the application of this
section. The rules shall include provision for notice to employees
prior to the determination of proscribed activities and for appeal by
employees from such a determination and from its application to an
employee. Until the department adopts rules governing the application
of this section, as amended in the 1985-86 Regular Session of the
Legislature, existing procedures shall remain in full force and
effect.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19990.5. Notwithstanding Sections 18000 and 19990, state officers
and employees may render services during their office hours, or hours
of work for the state, if compensation for these services may be
made pursuant to Section 18000.5.
19990.6. (a) Service on a local appointed or elected governmental
board, commission, committee, or other body or as a local elected
official by an attorney employed by the state in a nonelected
position or by an administrative law judge, as defined in Section
11475.10, shall not, by itself, be deemed to be inconsistent,
incompatible, in conflict with, or inimical to, the duties of the
attorney or administrative law judge as a state officer or employee
and shall not result in the automatic vacation of either office.
(b) Nothing in this section shall be construed to prohibit an
administrative law judge, as defined in Section 11475.10, or an
attorney employed by the state in a nonelected position from serving
on any other appointed or elected governmental board, commission,
committee, or other body, consistent with all applicable
conflict-of-interest statutes and regulations and judicial canons of
ethics.
