INCOMPATIBLE ACTIVITIES



The Board of Supervisors in accordance with Government Code Section 1126

and Santa Cruz County Code Section 4.45.020 has adopted departmental rules

relating to incompatible activities for county employees.  As is provided

within these rules your department may have adopted more specific restric-

tions for its employees in the area of incompatible activities.  You should

inquire of your supervisor as to whether separate departmental rules exist

for your department.  In the absence of departmental rules, you are subject

to the provisions of State law as outlined in this section.




A.   All employees not covered by departmental rules adopted pursuant to

     Government Code Section 1126 (b) and Santa Cruz County Code Section

     4.45.020 (b) shall be subject to Government Code Section 1126 (a)

     which provides:


     A local agency officer or employee shall not engage in any employment,

     activity, or enterprise for compensation which is inconsistent, incom-

     patible, in conflict with or inimical to his/her duties as a local

     agency officer or employee or with the duties, functions or responsi-

     bilities of his/her appointing power or the agency by which he/she is

     employed.  Such officer or employee shall not perform any work, ser-

     vice or counsel for compensation outside of his/her local agency em-

     ployment where any part of his/her efforts will be subject to approval

     by any other officer, employee, board or commission of his/her employ-

     ing body, unless otherwise approved in the manner prescribed by subdi-

     vision (b) of County Code Section 4.45.020.


B.   All departments shall give notice to all existing employees and all

     new employees of the departmental rules and these rules.


C.   Violation of these rules may, in the discretion of the employee's

     appointing authority, be grounds for disciplinary action including but

     not limited to suspension or dismissal.


D.   All employees have the right to request a written interpretation from

     their department head (or, in the event there is no department head,

     their appointing authority or CAO) regarding the application of de-

     partmental rules.  Within two weeks, written notification shall be

     given to the employee as to whether the activity is permitted under

     the rules.  An employee shall then have two weeks to appeal to the

     Review Board.


E.   The application or interpretation of the rules or departmental rules

     by an employee's department head or appointing authority is subject to

     the employee's right of appeal as provided in Section F.


F.   Appeals shall be heard by a Review Board composed of representatives

     from the Personnel Department, County Counsel's Office and the County

     Administrative Office.  The Personnel Director or his representative

     shall be the ex-officio clerk for the Review Board.


     Appeals by employees shall be heard within two weeks and a decision

     rendered within one week.  All decisions by the Review Board shall be

     final, and no further appeals are allowed.




Departments which have adopted departmental rules with respect to Incompat-

ible Activities are:


Agricultural Commissioner/Weights & Measures (8/81)


County Administrative Office (8/81)

County Counsel (8/81)

General Services (03/09/04)

Human Resources Agency (10/6/92)

Health Services Agency (10/6/92)

Municipal Court (8/81)

Personnel (8/81)

Probation (10/6/92)

Public Works (8/81)

Sheriff-Coroner (8/81)


Date of Listing:  03/09/04