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SUBJECTS › PERSONNEL › Outside Employment Policies
Reviewed 06/08

Outside Employment Policies

A paper copy of these documents is available as a library loan to Washington city, town and county employees and officials. Reference No. PE 6.5000 1999.

Introduction

It appears to be legally permissible for a public employer in the State of Washington to impose reasonable limitations on off-duty employment by public employees. These type of restrictions are most commonly seen in the field of law enforcement personnel but some municipalities have some form of restriction on outside employment or "moonlighting" for other employees as well.

There is at least one case in Washington that has upheld a restriction on outside employment by a public employer, Mackey v. Graham, 99 Wn.2d 572 (1983). That case upheld a reasonable restriction on off-duty employment by certain employees of the Office of the State Auditor. This case does not uphold the right of a public employer to restrict all outside employment for all public employees but does appear to approve a reasonable restriction on outside employment.

Most jurisdictions that limit such employment have somewhat similarly worded policies that apply the limitation in at least the following situations:

1) The outside employment detracts from the employee's ability to perform the employee's job with the city;
2) The outside employment presents a conflict of interest with the employee's position with the city;
3) The outside employment involves use of city resources.

You will find in this compilation a number of sample policies from political subdivisions in the State of Washington. Some are limited to police officers while others apply more generally to public employees. The type of policy adopted and the applicability within the jurisdiction to employees is a policy decision for the governing body to make.

City Ordinance Provisions

Library Resources (Paper Copies Only)

Library Loan Request Form

City Policies

  • Aberdeen Personnel Policies, Section 3 - Employment.
  • Auburn Police Department Policies and Procedures - Off-Duty Employment.
  • Bellingham Personnel Policies- Off-Duty/Outside Employment.
  • Bellingham Personnel Policies- Outside Employment (Moonlighting) within the Public Works Department.
  • Bothell Personnel Policies - Outside Employment.
  • Longview Personnel Polices, Chapter 6.055 - Outside Employment.
  • Mercer Island Personnel Policies - Outside Employment.
  • Poulsbo Personnel Policies, Chapter 9 - Employee Responsibilities and Conduct.
  • Tukwila Personnel Policies, Chapter 5.19 - Off-Duty Employment.
  • Vancouver Personnel Policies, Chapter 3.4 - Outside Employment.
  • Washington Association of Sheriffs and Police Chiefs Basic Policy Manual - 1996, Chapter 13.25 - Off-Duty/Outside Employment.

Articles

  • "Regulating Off-Duty Employment of Police Officers," by Cyrus F. Smythe, Minnesota Cities, January/February 1997.
  • "Outside Employment and Off-Duty Misconduct: When is is any of your business?" Section II. The Employer's Right to Restrict Moonlighting, 17th Annual Labor Relations Institute, May 1997.