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<br />46 <br /> <br />SECTION 17. OUTSIDE EMPLOYMENT <br /> <br />17.1 An employee shall not engage in any employment, activity or enterprise for compensation, <br />which is inconsistent, incompatible, in conflict with, or inimical to his//her duties as an <br />employee of the City, or with the duties, functions, or responsibilities of the City. <br /> <br />17.2 In order to avoid perceived or actual conflicts of interest that may arise from outside <br />employment, all employees shall notify the Chief of Police, in writing, of their intent to <br />engage in outside employment. Such notification shall occur at least ten (10) calendar days <br />prior to engaging in any outside employment as described in this policy. If the Chief of <br />Police determines there is a conflict, the Chief shall notify the affected employee. <br /> Denial of outside employment by the Chief of Police may be grieved in accordance with <br />the grievance procedure in this MOU, up to Level III (Personnel Officer). <br /> <br /> The notification requirement in this Section 17.2 shall not apply to passive activities <br />defined by the IRS as any rental activity or business in which the taxpayer does not <br />materially participate, as well as investing and/or gambling activities, and any activity <br />wherein the employee earns less than five hundred dollars ($500), i.e. yard sales, recycling <br />aluminum, selling photographs, etc. <br /> <br />17.3 Any outside employment, activity, or enterprise shall be prohibited if it involves any of the <br />following: <br /> <br />17.3.1 The use for private gain or advantage of City time, facilities, equipment, or <br />supplies; <br /> <br />17.3.2 The use of the badge, uniform, prestige or influence of the employee’s City <br />office or employment; <br /> <br />17.3.3 Receipt or acceptance by the employee of any money or other consideration from <br />anyone other than the City for the performance of an act which the employee, if <br />not performing such act, would be required or expected to render in the regular <br />course or hours of his//her City employment or as a part of their duties as a City <br />employee; <br /> <br />17.3.4 The performance of an act in other than their capacity as a City employee, which <br />act may later be subject directly or indirectly to the control, inspection, review, <br />audit or enforcement of the City or any of its employees; <br /> <br />17.3.5 Such time demands as would render performance of their duties as a City employee <br />less efficient. <br /> <br />17.4 Any employee who is determined to have engaged in an activity prohibited by or in <br />violation of this Section 16 shall be subject to disciplinary action including, without <br />limitation, suspension or termination. The employee shall receive notice of the proposed <br />discipline and shall have the right to appeal through the Grievance Procedure contained in <br />this MOU. <br /> <br />SECTION 18. SAFETY <br /> <br />6.H. - Page 54 of 72 <br />396