Common use of Incompatible Activities Clause in Contracts

Incompatible Activities. A. A State officer or employee shall not engage in any employment, activity, or enterprise which is clearly inconsistent, incompatible, in conflict with, or inimical to his or her duties as a State officer or employee or with the duties, functions or responsibilities of his or her appointing power or the agency by which he or she is employed. Each appointing power shall determine, subject to approval of the department, those activities which, for employees under his or her jurisdiction, are inconsistent, incompatible or in conflict with their duties as State officers or employees. Consideration shall be given to employment, activity or enterprise which: (a) involves the use for private gain or advantage of State time, facilities, equipment and supplies; or the badge, uniform, prestige or influence of one's State office or employment, or (b) involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the State for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her State employment or as a part of his or her duties as a State officer or employee, or (c) involves the performance of an act in other than his or her capacity as a State officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement by such officer or employee or the agency by which he or she is employed, or (d) involves such time demands as would render performance of his or her duties as a State officer or employee less efficient. Each State officer and employee shall, during his or her hours of duty as a State officer or employee and subject to such other laws, rules or regulations as pertain thereto, devote his or her full time, attention and efforts to his or her State office or employment. The department may adopt rules governing the application of this section. Such rules may include provision for notice to employees prior to the determination of proscribed activities and for appeal by employees from such a determination and from its application to an employee. B. Thirty (30) days prior to adoption, the State will notify the Union and affected employees of changes to existing incompatible activity Statements, if such changes impact on Unit 19 members. Upon request, the State agrees to meet with AFSCME to discuss these changes. C. The Union recognizes that the determination of incompatible activities is a matter of public policy and that disputes over the application of the incompatible activities Statement may only be grieved up to the third step of the grievance procedure which shall be the final level of review. 95 BU 19 (01-03)

Incompatible Activities. A. A State officer or employee shall not engage in any employment, activity, or enterprise which is clearly inconsistent, incompatible, in conflict with, or inimical to his or her duties as a State officer or employee or with the duties, functions or responsibilities of his or her appointing power or the agency by which he or she is employed. Each appointing power shall determine, subject to approval of the department, those activities which, for employees under his or her jurisdiction, are inconsistent, incompatible or in conflict with their duties as State officers or employees. Consideration shall be given to employment, activity or enterprise which: (a) involves the use for private gain or advantage of State time, facilities, equipment and supplies; or the badge, uniform, prestige or influence of one's State office or employment, or (b) involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the State for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her State employment or as a part of his or her duties as a State officer or employee, or (c) involves the performance of an act in other than his or her capacity as a State officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement by such officer or employee or the agency by which he or she is employed, or (d) involves such time demands as would render performance of his or her duties as a State officer or employee less efficient. Each State officer and employee shall, during his or her hours of duty as a State officer or employee and subject to such other laws, rules or regulations as pertain thereto, devote his or her full time, attention and efforts to his or her State office or employment. The department may adopt rules governing the application of this section. Such rules may include provision for notice to employees prior to the determination of proscribed activities and for appeal by employees from such a determination and from its application to an employee. B. Thirty (30) days prior to adoption, the State will notify the Union and affected employees of changes to existing incompatible activity Statements, if such changes impact on Unit 19 members. Upon request, the State agrees to meet with AFSCME to discuss these changes. C. The Union recognizes that the determination of incompatible activities is a matter of public policy and that disputes over the application of the incompatible activities Statement may only be grieved up to the third second step of the grievance procedure which shall be the final level of review. 95 BU 19 (01-03).