Incompatible Activities
City officers and employees are prohibited from engaging in activities that are inconsistent or incompatible with their City duties.
Activities Subject to Department’s Jurisdiction
City Offers and employees may not engage in activities that are subject to their department’s jurisdiction. This includes activities that are under their department’s control, inspection, review, audit, permitting, enforcement, contracting, or any other departmental responsibility.
Activities prohibited by this rule include, but are not limited to:
- Contracting with the officer or employee’s own department or serving on the board of directors of an entity that contracts with the officer or employee’s department,
- Acquiring an ownership interest in real property, if the officer or employee participated personally and substantially in the permitting or inspection of that property within the 12 months prior to the acquisition, and
- Having or acquiring a financial interest in any financial products issued or regulated by the officer or employee’s department.
Note: There is an additional rule that applies just to City officers, and prohibits them from having or seeking any contract or subcontract with the City worth over $10,000.
Selective Assistance
Officers and employees may not provide assistance or advice to an individual if that assistance or advice would provide the individual an advantage not generally available to anyone seeking to do business with the City. This type of assistance or advice is known as “selective assistance.”
Use of City Resources
City Officers and employees may not, other than minimal or incidentally, use the time, facilities, equipment, or supplies of the City for private gain or advantage.
City resources cannot be used for non-City purposes. For example, an employee may not use his or her work computer for personal tasks. Nor may they use staff time to carry out non-City business.
Additionally, there are State rules regarding the misuse of public funds. The California Constitution requires public funds to be used for a “public purpose.” Examples of misuse of public funds include making gifts of public funds, using public funds for personal purposes, and using City resources for campaign activities.
Determining what constitutes a “public purpose” is usually within the discretion of the Board of Supervisors, the Mayor, or the Department Head. But no City official can authorize using public funds for personal purposes or using City resources for campaign activities.
Use of Prestige of Office
City officers and employees may not use any marker (including but not limited to a badge, uniform, or business card), prestige, or influence of their City position for private gain or advantage.
For example, if a City employee received a parking ticket, they could not invoke their status as a City official in the hope that it may help them get the ticket dismissed. It is prohibited for City officers and employees to use the prestige of their office in such a way.
Use of City Work Product
City officers and employees cannot use any City work product for their own benefit. Specifically, they may not sell, publish, or otherwise use any non-public materials prepared on City time or while using City facilities, property (including intellectual property), equipment, or other materials in exchange for anything of value and without appropriate authorization.
Acting as an unauthorized City representative
City officers and employees may not identify themselves as representatives of their departments, or as an agent acting on behalf of their departments, unless authorized to do so. This includes using City letterhead, title, email, business card, or any other resource for any communication that may lead the recipient of the communication to think that the officer or employee is acting in an official capacity when they are not.
Compensation for City Duties or Advice
City officers and employees may not receive or accept a payment from anyone other than the City for the performance of a specific service or act they would be expected to render or perform in the regular course of their City duties or, for giving advice about the processes of the City directly related to their duties and responsibilities, or the processes of their department.
Lobbying Activity
City officers and employees are prohibited from being paid to influence any other employee or officer within their department. Specifically, officers and employees may not receive or accept a payment from anyone, other than the City, in exchange for communicating with other City officers or employees within their own department with the intent to influence any administrative or legislative action.
Additionally, there is a similar rule that applies only to City officers. City officers cannot receive any payment for attempting to influence any other City officer or employee. Specifically, City officers may not directly or indirectly receive any form of compensation to communicate orally, in writing, or in any other manner on behalf of any other person with any other officer or employee of the City and County with the intent to influence a government decision.
Excessive Time Demands and Regular Disqualifications
City employees, including department heads, may not engage in activities which:
- impose excessive time demands, such that it impairs their ability to perform their City duties, or
- disqualifies them from City assignments or responsibilities on a regular basis.
Employees may seek an Advanced Written Determination (AWD) from their department head or appointing authority to determine if a proposed outside activity imposes excessive time demands or requires regular disqualifications.
Other Prohibited Activities
In addition to the incompatible activity rules covered previously, other prohibitions exist for City officers and employees.
Referrals
City officers and employees are prohibited from being paid to refer members of the public to specific business. It also means they can’t take, or fail to take, any governmental action based on whether someone has hired a specific person or company.
City officers and employees may not:
- Receive any money, gift or other thing of economic value from a person or entity other than the City and County for referring a member of the public to a person or entity for any advice, service, or product related to the processes of the City; or
- Condition any governmental action on a member of the public hiring, employing, or contracting with any specific person or entity.
For example, let’s say an employee’s City job involves approving building permits. The employee has a friend who owns a local construction company. The friend offers to give the employee $50 any time the employee recommends his company to someone seeking a building permit. This would be prohibited. It would also be prohibited for the City employee to deny someone’s building permit because they failed to hire the employee’s friend after a referral.
Confidentiality
City officers and employees may not purposefully disclose confidential or privileged information unless authorized to do so. They also may not use this type of information to advance their, or anyone else’s, private interests including financial interests. This obligation not to disclose confidential or privileged information continues even after leaving City service.
Confidential or privileged information is information that at the time of use or disclosure was not subject to disclosure under the Sunshine Ordinance or California Public Records Act.
Decisions Involving Family Members
City officers or employees may not make, participate in making, or seek to influence employment decisions involving a relative. This rule does not prohibit them from acting as a personal reference or providing a letter of reference for a relative who is seeking a position in a department other than their own.
Dual Office Holding
Elected and appointed officers are prohibited from holding incompatible offices.
Elected and appointed officers cannot hold two offices if the offices are incompatible because of overlapping responsibilities or jurisdiction or if both offices the officer has been appointed to have annual salaries of over $2,500.
Rules on Board Members and Commissioners Seeking Elective Office
Appointed members of boards, commissions, and other bodies established by the City’s Charter may not run for State or local elective office during their time in office.
Members immediately and automatically lose their appointed positions upon filing a declaration of candidacy for any State elective office, any City elective office, School Board, City College Board, or Bay Area Rapid Transit Board of Directors.
Voting on one’s own character and conduct
Members of boards and commissions are prohibited from knowingly voting on, or in any way attempting to influence the outcome of a governmental action involving:
- their own character or conduct,
- their rights as a member,
- or their own appointment to any office, position, or employment.
This rule does not prohibit members of boards and commissions from applying for an office, position, or employment or participating in a decision to appoint themselves as chair, vice chair, or other officer of the board, commission, or committee.
Conflicts of Interest for Elected Officers, Members of Boards and Commissions
Elected officers or members of boards or commissions, are prohibited from using their public position to seek or obtain anything of value for their private or professional benefit, or the benefit of their immediate family, or any organizations with which they are associated.
Association with an organization means to be, or have a immediate family member who is, an employee, agent, director, officer, or trustee, or owns or controls at least 10% of the equity in the organization.
For example, if a commissioner is on the board of directors of a nonprofit organization, the official cannot use their City position or title to fundraise for that organization, such as using their position or title on a solicitation that is sent to potential donors. This includes invitations to fundraising events.