Ariz. Admin. Code § 2-5A-503

Current through Register Vol. 30, No. 45, November 8, 2024

Section R2-5A-503 - Outside Employment

A. General. A state employee may seek employment and engage in a variety of activities outside of the employee's work for the state; however, the employee shall not engage in other employment or other activity that is not compatible with the full and proper discharge of the duties and responsibilities of state employment, or that tends to impair the employee's capacity to perform the employee's duties and responsibilities in an acceptable manner.

B. Definitions. For the purposes of this Section:

1. "Other employment" includes, but is not limited to:

a. Working as an employee for any employer, including another state agency;

b. Owning a business;

c. Contracting to provide services for a fee; or

d. Serving as a consultant for a fee or being self-employed;

e. Holding any elected or appointed public office, whether federal, state, or local; or

f. Holding a position in a political party or organization.

2. "Primary agency" means the agency in which the employee is employed at the time of the employee's request to obtain outside employment with another agency.

3. "Secondary agency" means the agency in which the employee is requesting to be employed while remaining employed with the primary agency.

C. Notice requirement. An employee who desires to engage in other employment shall notify the employee's supervisor and abide by the policies of the employing agency. An employee engaged in outside employment, including consultant relationships, shall inform the supervisor of the nature of the employment and corresponding work hours. An employee shall also disclose actual or potential conflicts of interest related to outside employment activities as soon as the employee becomes aware of the conflict. The determination as to whether a conflict or potential conflict exists shall be made by the agency head.

D. Outside employment with another state agency. An employee who seeks outside employment with another state agency must request approval from both the employee's primary agency and prospective secondary agency before commencing employment with the secondary agency. The primary and secondary agencies must ensure that the request complies with state and federal guidelines. Such request, if approved shall be in writing and on file with both agencies. Employment records are to be maintained in accordance with the provisions of R2-5A-105.

E. Outside employment as a paid public official or in a political party or organization. All employees shall comply with A.R.S. § 41-752 pertaining to political activities.

F. Termination of outside employment. If an agency head determines that an employee's outside employment interferes with the employee's performance or creates a conflict of interest, the employee will be required to terminate the outside employment.

G. Consequences of non-compliance. An employee who fails to make required disclosures or to take action to resolve any conflict of interest may be disciplined or separated from state employment. Any such actions involving a covered employee shall be in accordance with the rules in Subchapter B, Article 3.

Ariz. Admin. Code § R2-5A-503

Section made by exempt rulemaking at 18 A.A.R. 2782, effective September 29, 2012 (Supp. 12-4).