4136
BP
Board Policy
Nonschool Employment
The Governing Board recognizes that district employees may receive compensation for outside activities as long as these activities are not inconsistent, incompatible, in conflict with or inimical to the employee's duties or to the duties, functions or responsibilities of the district.
Outside paid activities shall be considered inconsistent, incompatible, or inimical to district employment when such activity:
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
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 or not to grant authorization for such employment.
The supervisor shall inform the employee in writing whether or not the outside employment is prohibited. The employee may appeal a supervisor's denial of authorization to the Superintendent or designee. An employee who continues to pursue a prohibited activity may be subject to disciplinary action.
Tutoring
The District may offer school sponsored intervention and enrichment programs at school sites paid out of District funds. If a certificated employee wishes to tutor a student privately on campus, outside of a school sponsored program, the employee must complete a facilities use agreement, pay any associated fees, and provide any materials or equipment.
Legal & Management References
State
3 CCR 6147 - Pesticides exempted from registration requirements
Ed. Code 35160 - Authority of governing boards
Ed. Code 35160.1 - Broad authority of school districts
Ed. Code 51520 - Prohibited solicitations on school premises
Gov. Code 1126 - Incompatible activities of employees
Gov. Code 1127 - Incompatible activities; off duty work
Gov. Code 1128 - Incompatible activities; attorney
Management Resources
Attorney General Opinion - 70 Ops.Cal.Atty.Gen. 157 (1987)
Website - CSBA District and County Office of Education Legal Services
Website - Fair Political Practices Commission
Website - CSBA
Cross References
3300 BP Expenditures And Purchases
4040 BP Employee Use Of Technology
4112.9 AR Employee Notifications
4119.1 BP Civil And Legal Rights
4119.21 BP Professional Standards
4119.21-E PDF(1) AR Professional Standards
4135 BP Soliciting And Selling
4212.9 BP Employee Notifications
4219.1 BP Civil And Legal Rights
4219.21 BP Professional Standards
4235 BP Soliciting And Selling
4312.9 BP Employee Notifications
4319.1 BP Civil And Legal Rights
4319.21 BP Professional Standards
4335 BP Soliciting And Selling
9270 AR Conflict Of Interest
9270-E(1) AR Conflict Of Interest