COUNTY OF SAN MATEO

Inter-Departmental Correspondence

COUNTY COUNSEL

 

DATE:

February12, 2002

BOARD MEETING DATE:

February 26, 2002

 

TO:

Honorable Board of Supervisors

FROM:

County Counsel

SUBJECT:

Amendment to the Incompatible Activities Ordinance Governing County Officers and Employees

 

Recommendation

Adopt an ordinance amending Title 2, Chapter 2.188, Sections 2.188.030, 2.188.040, and 2.188.070 of the San Mateo County Ordinance Code governing incompatible activities of county officers and employees.

 

Background

In 1973, pursuant Government Code §1125 et seq., this Board adopted an ordinance governing the determination of incompatible activities of County officers and employees. The ordinance provides that the various Department Heads establish rules prohibiting employees from engaging in any activity which adversely affects or reflects upon the Department or upon the County. The Department rules specify those activities which are prohibited for officers or employees because they are inconsistent with, incompatible to, or in conflict with, or inimical to, the duties of such officers or employees.

 

Discussion

The ordinance code sets forth the procedure for adopting the Department's rules. The code requires the rules to be submitted to a Committee on Incompatible Activities composed of the County Manager, Director of Employee and Public Services, and County Counsel, or their designees and two other Department Heads to be designated by the other Committee members. The code further requires the Board of Supervisors to approve the Department's rules. The practice, however, has been just to present the rules for review and approval by the Committee on Incompatible Activities. The proposed amendment reflects the present practice and deletes the requirement for Board approval.

 

The ordinance code also prohibits full time employees from performing regular outside employment in excess of twenty hours per week. An employee may be exempted from the operation of this section, however, upon obtaining the approval of the Board of Supervisors and the Department Head. The proposed amendment removes the Board's involvement in this process. Finally, the ordinance also specifies that full time employees may hold and perform the duties for another governmental agency not incompatible with their own position provided that such service is performed outside the County working hours. This provision is not necessary and has been deleted.

 

Vision Alignment

County employees understand, support and integrate the County vision and goals into their delivery of services.

 

Fiscal Impact

None.

 
 
 

_______________________________________

 

THOMAS F. CASEY III, COUNTY COUNSEL

 

cc:

John L. Maltbie, County Manager

 

Department Heads

 

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