Common use of Incompatible, Inconsistent, Or Conflicting Activities Clause in Contracts

Incompatible, Inconsistent, Or Conflicting Activities. No represented employee may engage in any employment, activity, or enterprise that has been determined to be inconsistent, incompatible, or in conflict with his or her duties or with the duties, functions, and responsibilities of the City Attorney’s Office. For purposes of this Agreement, incompatible employment or activity means any employment, activity, or enterprise which: (a) involves the use for private gain or advantage of City time, facilities, equipment, and supplies or the prestige or influence of the represented employee’s City employment; or (b) involves receipt by the represented employee of any money or other consideration for the performance of any act required by him or her as a City employee; or (c) involves the performance of an act, in other than his or her capacity as a City employee, that may later be subject directly or indirectly to control, inspection, review, audit, or enforcement by him or her in his or her capacity as a City employee. No represented employee may engage in any outside employment or activity that would violate the rules of professional conduct for attorneys in California. The City may not require any represented employee to perform any act in City employment that would violate the rules of professional conduct for attorneys in California. Represented employees may not solicit political contributions from other officers or employees of the City, unless such solicitation is part of a solicitation made to a significant segment of the public that may include City employees or officers. Represented employees shall notify the City Attorney in advance of any outside employment or activity if it is reasonably foreseeable that such employment or activity may violate these rules. Notwithstanding the above, the City acknowledges that no restriction may be placed on the political activities of represented employees outside of working hours and off City premises. By ratifying this Agreement, the City Attorney is adopting regulations prohibiting incompatible activities, and the City Attorney will continue to maintain regulations that are consistent with Government Code Section 1125, et seq., Government Code Section 3201, et seq., Oakland City Charter Section 1201, and the rules of professional conduct for attorneys practicing in California.

Incompatible, Inconsistent, Or Conflicting Activities. No represented employee may engage in any employment, activity, or enterprise that has been determined to be inconsistent, incompatible, or in conflict with his or her duties or with the duties, functions, and responsibilities of the City Attorney’s Office. For purposes of this Agreement, incompatible employment or activity means any employment, activity, or enterprise which: (a) involves the use for private gain or advantage of City time, facilities, equipment, and supplies or the prestige or influence of the represented employee’s City employment; or (b) involves receipt by the represented employee of any money or other consideration for the performance of any act required by him or her as a City employee; or (c) involves the performance of an act, in other than his or her capacity as a City employee, that may later be subject directly or indirectly to control, inspection, review, audit, or enforcement by him or her in his or her capacity as a City employee. No represented employee may engage in any outside employment or activity that would violate the rules of professional conduct for attorneys in California. The City may not require any represented employee to perform any act in City employment that would violate the rules of professional conduct for attorneys in California. Represented employees may not solicit political contributions from other officers Officers or employees of the City, unless such solicitation is part of a solicitation made to a significant segment of the public that may include City employees or officersOfficers. Represented employees shall notify the City Attorney in advance of any outside employment or activity if it is reasonably foreseeable that such employment or activity may violate these rules. Notwithstanding the above, the City acknowledges that no restriction may be placed on the political activities of represented employees outside of working hours and off City premises. By ratifying this Agreement, the City Attorney is adopting regulations prohibiting incompatible activities, and the City Attorney will continue to maintain regulations that are consistent with Government Code Section 1125, et seq., Government Code Section 3201, et seq., Oakland City Charter Section 1201, and the rules of professional conduct for attorneys practicing in California.