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<br /> <br />00059814-1 <br /> 44 <br />All other expenses shall be borne by the party incurring them, and neither party <br />shall be responsible for the expense of witnesses called by the other. Either <br />party may request a certified court reporter to record the entire arbitration <br />hearing. The cost of the services of such court reporter shall be shared equally <br />by the parties. <br /> <br />ARTICLE 22 - OUTSIDE EMPLOYMENT <br /> <br />22.1 A unit member shall not engage in any employment, activity or enterprise for compensation which is <br />inconsistent, incompatible, in conflict with, or inimical to his or hertheir duties as an employee of the City, or <br />with the duties, functions, or responsibilities of the City. <br /> <br />22.2 In order to avoid perceived or actual conflicts of interest that may arise from outside employment, all <br />employees shall obtain written approval from the City Manager prior to undertaking any outside <br />employment. Requests for approval of such outside employment shall be submitted to the City Manager in <br />writing no less than ten (10) days prior to the anticipated commencement date of the outside employment. <br />Denial of outside employment by the City Manager may be grieved in accordance with the grievance <br />procedure in this MOU, up to Level III (Personnel Officer). <br /> <br />22.3 Any outside employment, activity, or enterprise shall be prohibited if it involves any of the following: <br /> <br /> 22.3.1 The use for private gain or advantage of City time, facilities, equipment or supplies; <br /> <br /> 22.3.2 The use of the uniform, prestige or influence of the unit member's City office or employment; <br /> <br /> 22.3.3 Receipt or acceptance by the unit member of any money or other consideration from anyone <br />other than the City for the performance of an act which the unit member would be required or <br />expected to render in the regular course of hours of his or hertheir City employment or as a part <br />of his or hertheir duties as a City employee; <br /> <br /> 22.3.4 The performance of an act in other than his or hertheir capacity as a City employee, which act <br />may later be subject directly or indirectly to the control, inspection, review, audit or enforcement <br />of the City or any of its officers or employees; <br /> <br /> 22.3.5 Such time demands as would render performance of his or hertheir duties as a City employee <br />less efficient. <br /> <br />22.4 Any unit member who is determined to have engaged in an activity prohibited by or in violation of this Article <br />22 shall be subject to disciplinary action including, without limitation, suspension or termination. The unit <br />member shall receive notice of the proposed discipline and shall have the right to appeal through the <br />Grievance Procedure contained in this Memorandum. <br /> <br /> <br />ARTICLE 23 - TEMPORARY WORKERS <br /> <br /> <br />When there is full-time or part-time work to be performed on a temporary or project basis, the City may employ non- <br />represented temporary workers on a contract basis. Where the scope of work includes duties customarily performed <br />by Association workers, such appointments shall not exceed two (2) years in duration, except by mutual agreement. <br /> <br />6.I. - Page 58 of 119 <br />472