Outside Employment Policies

Introduction
General Policy Provisions on Outside Employment
Outside Employment Policies for Law Enforcement

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.

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 appear to have provisions on outside employment; many have requirements to notify a superior. Many policies are worded similarly to the example below:

Employees shall not directly or indirectly engage in any outside employment of financial interest which may conflict with the best interests of the city/county or interfere with the employee’s ability to perform his/her assigned job. Examples include, but are not limited to, outside employment which:

Prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee’s job.
Is conducted during the employee’s work hours.
Utilizes city/county telephones, computers, supplies or any other resources, facilities or equipment.
Is employment with a firm which has contracts with or does business with the city/county.
May reasonably be perceived by members of the public as a conflict of interest or otherwise discredit public service.
An employee who chooses to have an additional job, contractual commitment or self-employment, may do so provided he/she obtains prior written approval from their employing official (mayor, city manager, administrator, department head, etc).

General Policy Provisions on Outside Employment

Anacortes Personnel Policies Policy 210 () - Outside Employment
Chelan County Code Sec. 1.20.250 - Outside Employment and Social Contacts
East Wenatchee Manual of Personnel Policies and Procedures Sec. 8.2 (), 03/2009 - Outside Employment and Conflicts of Interest
Gig Harbor Personnel Policies Employment, Sec. T () - Outside Employment
Kitsap County Personnel Manual Ch. 8, Sec. F 4 - Outside Employment
Medina Municipal Code Sec. 2.68.060, 1992 - Outside Employment
Omak Personnel Policies Policy 9.2 () - Outside Employment and Conflicts of Interest
Thurston County Personnel Rules and Policies Ch. 5, Sec. 3 () - Outside Employment
Vancouver Personnel Policies Sec. 502 - Outside Employment