El Dorado Union HSD | BP 4236 Personnel
In order to help maintain public trust in the integrity of district operations, the Governing Board recognizes that district employees to give the responsibilities of their positions precedence over any other outside employment. A district employee may receive compensation for outside activities as long as these activities are not inconsistent, incompatible, in conflict with, or inimical to his/her duties.
(cf. 9270 - Conflict of Interest)
An outside paid activity shall be considered inconsistent, incompatible, or inimical to district employment when such activity: (Government Code 1126)
1. Requires time periods that interfere with the proper, efficient discharge of the employee's duties
2. Entails compensation from an outside source for activities which are part of the employee's regular duties
3. Involves using the district's name, prestige, time, facilities, equipment, or supplies for private gain
4. Involves service which will be wholly or in part subject to the approval or control of another district employee or Board member.
(cf. 1321 - Solicitation of Funds from and by Students)
(cf. 3300 - Expenditures and Purchases)
(cf. 4040 - Employee Use of Technology)
(cf. 4132/4232 / 4332 - Publication or Creation of Materials)
(cf. 4135 - Soliciting and Selling)
(cf. 6161.1 - Selection and Evaluation of Instructional Materials)
An employee wishing to accept outside employment that may be inconsistent, incompatible, in conflict with, or inimical to the employee's duties shall file a written request with his/her immediate supervisor describing the nature of the employment and the time required. The supervisor shall evaluate each request based on the employee's specific duties within the district and determine whether to grant authorization for such employment.
(cf. 4112.9 4212.9/4312.9 - Employee Notification)
The Superintendent or designee shall inform the employee whether the outside employment is prohibited. The employee who continues to pursue prohibited activity may be subject to disciplinary action.
(cf. 4118 - Suspension / Disciplinary Action)
(cf. 4144/4244/4344 - Complaints)
(cf. 4218 - Dismissal / Suspension Disciplinary Action)
A certificated employee shall not accept any compensation or other benefit for tutoring a student enrolled in his/her class(es). An employee who wishes to tutor another district student shall first request authorization form his/her supervisor in accordance with this Board policy. If authorization is granted, the employee shall not use district facilities, equipment, or supplies when providing the tutoring service.
35160 Authority of governing boards
35160.1 Broad authority of school districts
51520 Prohibited solicitation on school premises
1126 Incompatible activities of employees
1127 Incompatible activities; off duty work
1128 Incompatible activities, attorney
CODE OF REGULATIONS, TITLE 5
80334 Unauthorized private gain or advantage
ATTORNEY GENERAL OPINIONS
70 Ops.Cal.Atty.Gen. 157 (1987)
Fair Political Practices Commission: http://www.fppc.ca.gov
Policy EL DORADO UNION HIGH SCHOOL DISTRICT
adopted: June 22, 1999 Placerville, California
revised: September 23, 2008