§ 2-33. Political activities of employees.

(a)

Purpose. The purpose of this section is to establish rules and procedures for deciding whether a city employee may continue in such employment upon qualifying as a candidate for nomination or election to any public office.

(b)

Generally. This section shall establish the procedure and rules by which the city council shall decide whether a city employee shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. The city council hereby finds and declares that the city Charter, article II, section 2.14(f), is overbroad in its absolute prohibition against any city employee continuing such employment upon qualifying as a candidate for nomination or election to any public office. The purpose of such subparagraph was to prevent conflicts of interest detrimental to the citizens of the city. The following rules shall apply in all cases where an employee of the city wishes to qualify as a candidate for nomination or election to any public office:

(1)

Generally, no appointed officer of the city shall be allowed to continue in such employment upon qualifying as a candidate for nomination or election to any public office. However, an appointed officer may seek a decision from the city council that an exception should be made in his case, because the public office is not inconsistent, incompatible or in conflict with the duties of the appointed office. Those appointed officers serving at the pleasure of the mayor are not entitled to any type of hearing before the city council. Those appointed officers serving at the pleasure of the city council may make application for a hearing, but nothing contained in this section changes the fact that the employment of an appointed officer may be terminated at any time for any reason or no reason, unless such a person has a specific contract of employment for a stated period of time.

(2)

No employee of the city shall continue in such employment upon election to any public office in the city or any other public office which is inconsistent, incompatible or in conflict with the duties of the city employee. Such determination shall be made by the city council, following a hearing.

(3)

A city employee wishing to seek public office will be required to notify the city council of his intentions. The city council shall carefully consider whether campaigning for and/or serving in the particular public office will be inconsistent, incompatible or in conflict with the duties of the particular city employee. After considering all of the facts and circumstances relevant upon the issue, the city council may take the following action:

a.

If the city council believes that the campaign activities required to obtain the public office are inconsistent, incompatible or in conflict with the duties of the city employee, it may require in its discretion that the city employee take leave without pay for the period of time that is in its opinion necessary. Nothing in this section prevents a city employee otherwise entitled to vacation, annual leave or other types of leave to take same in lieu of leave without pay, to the extent available to the employee.

b.

If the city council is of the opinion that campaigning for the public office can be accomplished in a way not inconsistent, incompatible or in conflict with the duties of the city employee, it may allow the employee to remain an active employee of the city during the time between qualification and election, or it may allow the employee to modify his work schedule or duties so as to avoid any such problem.

c.

If the city council believes that the public office sought is inconsistent, incompatible or in conflict with the duties of the city employee, it may decide that the employee must either take leave without pay or forfeit his employment with the city. The commencement of such leave or forfeiture may either be the day of election to the office or the day of taking office, depending on the city council's opinion as to when the inconsistency, incompatibility or conflict will arise.

d.

If the city council is of the opinion that the public office sought will not create an unacceptable inconsistency, incompatibility or conflict with the duties of the city employee, it may allow the city employee to continue his employment without change or it may modify the schedule or duties of the city employee so as to avoid any such problem.

e.

Because employment with the city and holding public office are ongoing and sometimes changing responsibilities, the city council may reconsider its decision at a later time, but only after notice to the employee and a full hearing before the city council. Reconsideration could only be had when there is a substantial change of circumstances materially affecting the employee's job performance as a city employee. Such change of circumstances could be a change in the duties and responsibilities of the public office from those in effect at the time of the previous hearing or a change in the duties and responsibilities of the employee in his job with the city since the time of the previous hearing. Under no circumstances will a city employee's employment with the city be affected in any way by his decisions while serving in public office. Under no circumstances would the city council attempt to influence an employee's performance as a public official by use of any power contained in this section. After such a reconsideration hearing, the city council would have the full range of options that it had at the first hearing, but it could never impose any condition retroactively.

(c)

Notice and hearing.

(1)

Notice required. Any person actively employed by the city, either on a full-time or part-time basis, must notify the city council in writing within five business days of qualifying as a candidate for nomination or election to any public office. Notification shall be considered received by the city when delivered to the city clerk. Any employee desiring to have the city council make a decision in advance of his qualification as a candidate may obtain such a decision by notifying the city council of his proposed qualification at least five days prior to a regular meeting of the city council scheduled before the deadline for qualification as a candidate.

(2)

Content of notice. The city employee shall provide written notice containing the following:

a.

Full name and social security number of the employee;

b.

Job title with the city;

c.

Official title and jurisdiction of the public office to be sought; and

d.

A written statement from the employee as to how he plans to fully perform his duties for the city while seeking and serving in such public office.

(3)

Hearing and decision.

a.

Upon receiving notice as described in this subsection, the city clerk shall place the issue upon the next regularly scheduled meeting of the city council, where the issue will be decided under the same rules of procedure as in personnel matters.

b.

The employee wishing to seek public office shall have the right to attend the hearing and address the councilmembers, and the council shall be entitled to address questions concerning relevant issues to the employee.

c.

The council may consider any matter that it considers relevant including, but not limited to, the following:

1.

The complete personnel file of the employee or appointed officer.

2.

Any official statement of the qualifications, powers, duties and geographical jurisdiction of the public office to be sought.

3.

The testimony or written statements of supervisory personnel and the department superintendent of the employee seeking public office.

(4)

Reconsideration. At any time after a hearing and decision under this section, the city council may decide that a reconsideration is in order because of substantial changes in circumstances materially affecting the employee's job performance. Such a hearing can only be conducted based upon facts and circumstances which arose after the first hearing or which were not reasonably available to the city council at the first hearing. In order to conduct such a hearing, the city council must first serve upon the employee a notice stating specifically how the public office held by the employee or the city job of the employee, or both, have changed in duties, responsibilities, jurisdiction or otherwise and how such changes substantially affect the employee's job performance so as to make the public office inconsistent, incompatible or in conflict with the duties of the employee. Such notice would inform the employee of the time and date of the hearing, which would be no sooner than five days following the service of notice. The hearing would be conducted in the same manner as the first hearing, with the limitations upon issues raised stated herein and in subsection (b)(3)e of this section.

(Ord. No. 96-28, arts. I, II, 5-21-1996)

Charter reference

Political activities of certain officers and employees, § 2.14(f).