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SEC. 3.224.Prohibition on Representing Private Parties Before Other City Officers and Employees--Compensated Advocacy.
<br />SEC. 3.218. INCOMPATIBLE ACTIVITIES.
<br />(a) Prohibition. No officer or employee of the City and County may engage in any employment, activity, or enterprise that the
<br />department, board, commission, or agency of which he or she is a member or employee has identified as incompatible in a
<br />statement of incompatible activities adopted under this Section. No officer or employee may be subject to discipline or penalties
<br />under this Section unless he or she has been provided an opportunity to demonstrate that his or her activity is not in fact
<br />inconsistent, incompatible or in conflict with the duties of the officer or employee.
<br />(b) Statement of Incompatible Activities. Every department, board, commission, and agency of the City and County shall, by August
<br />1 of the year after which this Section becomes effective, submit to the Ethics Commission a statement of incompatible activities. No
<br />statement of incompatible activities shall become effective until approved by the Ethics Commission after a finding that the activities
<br />are incompatible under the criteria set forth in Subsection (c). After initial approval by the Ethics Commission, a department, board,
<br />commission or agency of the City and County may, subject to the approval of the Ethics Commission, amend its statement of
<br />incompatible activities. The Ethics Commission may, at any time, amend the statement of incompatible activities of any department,
<br />board, commission or agency of the City and County.
<br />(c) Required Language. Each statement of incompatible activities shall list those outside activities that are inconsistent,
<br />incompatible, or in conflict with the duties of the officers and employees of the department, board, commission, or agency of the City
<br />and County. This list shall include, but need not be limited to, activities that involve: (1) the use of the time, facilities, equipment and
<br />supplies of the City and County; or the badge, uniform, prestige, or influence of the City and County officer or employee's position
<br />for private gain or advantage; (2) the receipt or acceptance by an officer or employee of the City and County of any money or other
<br />thing of value from anyone other than the City and County for the performance of an act that the officer or employee would be
<br />required or expected to render in the regular course of his or her service or employment with the City and County; (3) the
<br />performance of an act in a capacity other than as an officer or employee of the City and County that may later be subject directly or
<br />indirectly to the control, inspection, review, audit or enforcement of the City and County officer or employee's department, board,
<br />commission or agency; and (4) time demands that would render performance of the City and County officer or employee's duties
<br />less efficient. The Ethics Commission may permit City boards and commissions to exclude any required language from their
<br />statement of incompatible activities if their members, by law, must be appointed in whole or in part to represent any profession,
<br />trade, business, union or association.
<br />(d) Meet and Confer. No statement of incompatible activities or any amendment thereto shall become operative until the City and
<br />County has satisfied the meet and confer requirements of State law.
<br />(e) Notice. Every department, board, commission and agency of the City and County shall annually provide to its officers and
<br />employees a copy of its statement of incompatible activities.
<br />(f) Existing Civil Service Rules. Rules and Regulations relating to outside activities previously adopted or approved by the Civil
<br />Service Commission shall remain in effect until statements of incompatible activities are adopted pursuant to this Section.
<br />(Added by Proposition E, 11/4/2003)
<br />SEC. 3.220. PROHIBITION ON DUAL OFFICE HOLDING.
<br />Any person holding an office under the City and County with an annual salary in excess of $2,500, whether by election or by
<br />appointment, who shall, during his or her term of office, hold or retain any other office with such a salary under the government of
<br />the United States, the State of California, or the City and County shall be deemed to have thereby vacated the office held by him or
<br />her under the City and County. For the purposes of this Section, the term salary does not include: (1) a stipend, per diem, or other
<br />payment provided for attendance at meetings; or (2) health, dental or vision insurance, or other non-cash benefits.
<br />(Added by Proposition E, 11/4/2003)
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