Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Employees of the department shall not engage in any other employment or
activity inconsistent or incompatible with employment by the department.
Conduct deemed to fall in such categories includes, but is not limited to the
following:
(1) Using the prestige or
influence of the state or the department for private gain or
advantage.
(2) Employment or
participation in any activity of an illegal nature.
(3) Any employment or other activity which
will prevent the employee from doing his or her job as an employee of the
department in an efficient and capable manner, or represents a potential
conflict of interest or the appearance of a conflict of interest with his or
her job.
(4) Employment which will
prevent a prompt response to a call to report to duty in an emergency or when
otherwise required to be present by his or her supervisor or the warden or
superintendent.
(5) Using for
private gain the time, facilities, equipment or supplies of the
state.
(6) Using workgroup computer
technologies to do any of the following:
(A)
Publish, display, or transmit information that:
1. Violates or infringes on the rights of
other persons, including the right of privacy.
2. Contains defamatory, intentionally false,
obscene, pornographic, profane, sexually harassing, threatening, racially
offensive, or other unlawfully discriminatory material.
3. Encourages the use of unprescribed
controlled substances.
(B) Conduct activities not related to the
mission or work tasks of the department.
(C) Solicit the performance of activities
prohibited by law.
(D) Transmit
material, information, or software in violation of departmental policies, or
local, State, or Federal Law.
(E)
Conduct electioneering or engage in political activities.
(F) Engage in non-government related fund
raising or public relations activities.
(G) Conduct personal business activities or
activities for personal monetary gain.
(H) Purchase or sell unauthorized goods or
services.
(7) Providing
confidential information to persons to whom issuance of such information has
not been authorized, or using such information for private gain or
advantage.
(8) Receiving or
accepting money or any other consideration from anyone other than the state for
performance of an act which the employee would be required or expected to
render in the regular course or hours of his or her employment, or as a part of
his or her duties as a state employee.
(9) Receiving or accepting, directly or
indirectly, any gift, including money, any service, gratuity, favor,
entertainment, hospitality, loan, or any other thing of value, from anyone who
is doing or is seeking to do business of any kind with the state or whose
activities are regulated or controlled in anyway by the state, under
circumstances from which it reasonably could be inferred that the gift was
intended as a reward or for the purpose of influencing any official action on
the employee's part.
(10)
Consulting or testifying as a specialist or an expert witness, based on
expertise gained in the course of their duties, in any administrative, civil,
or criminal action without having given reasonable notice, as defined in
section 3413(a)(10)(A),
to the chief deputy general counsel of the office of legal affairs.
(A) An employee who is contacted by a fellow
employee, their representative, or attorney regarding ongoing or anticipated
administrative, civil, or criminal proceedings for the purpose of eliciting
expert testimony, as defined in Evidence Code section
720, shall,
within one business day, notify in writing the chief deputy general counsel of
the office of legal affairs. The written notification shall include all
relevant information concerning the contact and a synopsis of the employee's
anticipated testimony. The employee whose testimony is sought shall also
forward any subpoena served upon them within one business day of
service.
(B) The chief deputy
general counsel or designee retains the discretion to seek to quash the
subpoena on any substantive or procedural grounds before the judicial body
through whose authority the subpoena was issued.
(C) This subsection shall not apply when an
employee has been requested to testify regarding an event or transaction which
he or she has perceived or investigated in the course of his or her duties or
when an employee has been requested to testify as an expert witness by the
department.
(b)
Before engaging in any outside employment, activity or enterprise, including
self-employment, the employee shall submit a statement to his or her division
administrator or to the warden or superintendent, naming the prospective
employer, if any, the employer's address and phone number, and an outline of
the proposed duties or activities. This shall be in sufficient detail to enable
the division administrator or the warden or superintendent to determine whether
the proposed activity falls in the prohibited class. The division administrator
or the warden or superintendent shall notify the employee of
findings.
(c) Violation of these
provisions may result in disciplinary actions up to and including termination
of employment with the department or civil action. Criminal prosecution may
result from conduct which violates Penal Code Section
502.
1. New
subsections (a)(7)-(a)(7)(H), subsection renumbering, new subsection (c),
repealer of Comment, and new NOTE filed 2-7-97 as an emergency; operative
2-7-97 (Register 97, No. 6). Pursuant to Penal Code section
5058(e),
a Certificate of Compliance must be transmitted to OAL by 7-17-97 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 2-7-97 order transmitted to
OAL 5-7-97 and filed 6-16-97 (Register 97, No. 25).
3. New
subsection (a)(11) filed 12-8-99; operative 1-7-2000 (Register 99, No.
50).
4. Amendment filed 12-19-2006; operative 12-19-2006 pursuant to
Government Code section
11343.4
(Register 2006, No. 51).
5. Amendment of subsections (a)(6)(A)3.,
(a)(10)(A) and (b) filed 4-29-2021; operative 4-29-2021 pursuant to Government
Code section
11343.4(b)(3)
(Register 2021, No. 18).
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
19572,
Government Code; and Section
5054, Penal
Code.
