SOP_NUMBER: 104.50
TITLE: Other Employment
REFERENCE_CODE: IVO15-0001
DIVISION: Administrative & Finance (Human Resources)
TOPIC_AREA: 104 Policy-HR Timekeeping/FLSA/Overtime/Call-Back
EFFECTIVE_DATE: 2019-01-22
WORD_COUNT: 1688
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105285
URL: https://gps.press/sop-data/104.50/

SUMMARY:
This policy establishes requirements for Georgia Department of Corrections employees seeking to work outside employment. Employees must obtain prior written permission from their supervisor and Appointing Authority before engaging in other employment. The policy prohibits other employment that conflicts with GDC duties, creates conflicts of interest, impairs job performance, or violates laws and regulations. Non-Exempt FLSA employees are prohibited from working with other state agencies, while Exempt employees may do so under specific conditions with benefit restrictions.

KEY_TOPICS: Other employment, secondary employment, outside work, conflict of interest, FLSA exempt, FLSA non-exempt, employment authorization, side jobs, moonlighting, business ownership, financial interests, state agency employment, shift work conflicts, ethics compliance

ATTACHMENTS:
  1. Other Employment Request and Verification Form
     URL: https://gps.press/sop-data/104.50-att-1/

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FULL TEXT:
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|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Other Employment|**Policy Name:**Other Employment|**Policy Name:**Other Employment|
|**Policy Number:** 104.50|**Effective Date:** 01/22/2019|**Page Number:** 1 of 5|
|**Authority:** Commissioner<br>|**Originating Division:** <br>Administration & Finance<br>Division (Human Resources)<br>|**Access Listing:**<br>Level I: All Access<br>|



**I.** **Introduction and Summary:**

Employees may seek employment and engage in a variety of activities outside of their
work for the Georgia Department of Corrections (GDC). However, such Other
Employment activities may not conflict with an employee’s GDC employment.
Employees must obtain permission prior to engaging in such employment.

**II.** **Authority:**

A. O.C.G.A. §§45-10-1 and 45-10-70;

B. State Personnel Board Rule: 478-1-.07 Outside Employment;

C.  Governor’s Executive Order Establishing a Code of Ethics for Executive Branch

Officers and Employees, dated January 14, 2019; and

D. GDC Standard Operating Procedure: 104.47, Employee Standards of Conduct.

**III.** **Definition:**

**Other Employment**    - Includes working as an employee for any employer (including
another State Agency), owning a business, contracting to provide services for a fee,
serving as a consultant for a fee or honorarium, or being self-employed. “Other
employment” does not include participating in yard sales, hosting home parties (provided
that the employee is not a paid representative or commissioned sales representative of the
company), babysitting, or boarding animals (provided that such services are not offered to
the general public).

**IV.** **Statement of Policy and Applicable Procedures:**

A. GDC employees will be permitted to engage in Other Employment, provided that it is

not a conflict of interest with departmental employment, is not a violation of law, rule
or regulation and it does not impede or conflict with the employee's ability to perform
his or her duties and responsibilities with the Department. New employees who are
engaged in Other Employment at the time of their employment with the Department
must request permission to continue in such employment.

B. Employees must avoid employment, activities, or relationships that actually conflict

or could conflict with the Department’s interests; create a perception of impropriety;
or, adversely affects the Department’s or the employing agency’s reputation.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Other Employment|**Policy Name:**Other Employment|**Policy Name:**Other Employment|
|**Policy Number:** 104.50|**Effective Date:** 01/22/2019|**Page Number:** 2 of 5|
|**Authority:** Commissioner<br>|**Originating Division:** <br>Administration & Finance<br>Division (Human Resources)<br>|**Access Listing:**<br>Level I: All Access<br>|



1. Examples of conflicting employment activities include, but are not limited to, the

following:

a. Concurrent employment that interferes with the time or attention that should

be devoted to Department employment;

b. Holding a financial interest in any present or potential competitor, customer,

supplier, or contractor of the State, unless the ownership interest is less than
five percent (5%) of that business;

c. Acceptance of a membership on the Board of Directors or serving as a

consultant or advisor to any board or management of any business that is a
present or potential competitor, customer, supplier or contractor of the State;

d. Engaging in any transaction involving the State from which the employee can

benefit, financially or otherwise (including lending or borrowing money,
guaranteeing debts or accepting gifts, entertainment, or favors from a present
or potential competitor, customer, supplier, or contractor), except as he/she
may be compensated in the usual course by the State;

e. Use of the Department’s time, equipment, or other resources in pursuing

outside business activities; or

f. Use for the employee’s personal benefit or the disclosure by the employee to a

third party of any confidential, unpublished information obtained in connection
with his/her employment with the Department.


**Note: An employee who has taken a leave of absence without pay may**
**serve in the Legislative Branch while the Georgia General Assembly is in**
**session.**

C. Current GDC employees who seek permission to enter into Other Employment must

submit the Other Employment Request and Verification form to their supervisor.


1. Before forwarding the form to the Appointing Authority for final action, each

supervisor/manager will use the following criteria to review the request and this
information will be used to formulate his/her recommended action, which will be
taken into consideration by the appropriate Appointing Authority.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Other Employment|**Policy Name:**Other Employment|**Policy Name:**Other Employment|
|**Policy Number:** 104.50|**Effective Date:** 01/22/2019|**Page Number:** 3 of 5|
|**Authority:** Commissioner<br>|**Originating Division:** <br>Administration & Finance<br>Division (Human Resources)<br>|**Access Listing:**<br>Level I: All Access<br>|



a. Would the Other Employment activity interfere with the performance of the

employee's duties or conflict with any regular or anticipated overtime required
by the Georgia Department of Corrections job?

**Note: When discussing and approving Other Employment with security**
**employees or other shift workers, supervisors and Appointing Authorities**
**should remind the employee of the Department's right as an employer to**
**change shift assignments. Adverse impact on Other Employment is not a**
**required consideration for shift changes.**

b. Would the Other Employment activity create either a conflict or appearance of

a conflict with the Georgia Department of Corrections employment?

D. Department employees who are Exempt from federal Fair Labor Standards Act

(FLSA) requirements will not be allowed to hold a part-time job with GDC but will
be permitted to work with other state agencies, commissions or authorities, provided:


1. The employee who seeks Other Employment with another state agency has met

the criteria described in paragraph C, above;

2. The position at the other state agency, commission or authority is Exempt. The

individual must provide the GDC Appointing Authority written confirmation the
position is Exempt; and

3. The affected individuals have been informed that they are prohibited from

receiving any duplication of benefits (e.g., insurances, retirement contributions,
workers' compensation, etc.). If an FLSA Exempt GDC employee accepts Other
Employment with another state agency, while still maintaining their current
employment with this Department, that individual must provide the GDC
Appointing Authority written confirmation of their declination of benefits.


**NOTE:** Department employees who are Non-Exempt from federal Fair Labor
Standards Act (FLSA) requirements are prohibited from working with other state
agencies, commissions or authorities.

E. Supervisors will forward the form to the Appointing Authority with a recommendation

for approval/denial.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Other Employment|**Policy Name:**Other Employment|**Policy Name:**Other Employment|
|**Policy Number:** 104.50|**Effective Date:** 01/22/2019|**Page Number:** 4 of 5|
|**Authority:** Commissioner<br>|**Originating Division:** <br>Administration & Finance<br>Division (Human Resources)<br>|**Access Listing:**<br>Level I: All Access<br>|



1. The Appointing Authority will make the final decision and return the form to the

employee.

2. Copies of the completed form with approval/denial will be placed in both the

employee's local and official personnel file.

F. Appointing Authorities will ensure that Attachment 1, Other Employment Request and

Verification form has been completed for all employees who currently have Other
Employment. Employees are personally responsible for informing their
supervisors/Appointing Authorities about Other Employment. To help avoid
unforeseen conflicts or work impediments, employees should actively seek the advice
of their Appointing Authority before accepting another job.


GDC employees who subsequently obtain, change, or end Other Employment
relationships must complete Attachment 1, or provide other written verification to the
Appointing Authority, within fifteen (15) calendar days after the occurrence.

Failure to provide Other Employment verification in a timely manner may result in
disciplinary action, up to and including dismissal from employment.

G. No employee may accept any payment whatsoever for services for which fees are not

legally or traditionally required.

H. No employee shall serve for compensation as a corporate officer or director of any for
profit or publicly held company. Voluntary, pro bono services on behalf of non-profit
organizations may be permitted, so long as services to such organizations would not
have the potential to create a conflict and do not impair the employee’s ability to
discharge his or her public duties fully, faithfully, and impartially.

I. Special Note:

An employee who holds the job of chaplain, fireman, physician, dentist, psychologist,
registered nurse, licensed practical nurse, or a person with a doctoral or master's degree
from an accredited college or university may not be employed by another state agency
unless:


1. The Commissioner of the Department, the agency, commission or authority that

wishes to provide other employment to this specific type of GDC employee, must
certify in writing the need for the services and set forth why the best interest of the


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Other Employment|**Policy Name:**Other Employment|**Policy Name:**Other Employment|
|**Policy Number:** 104.50|**Effective Date:** 01/22/2019|**Page Number:** 5 of 5|
|**Authority:** Commissioner<br>|**Originating Division:** <br>Administration & Finance<br>Division (Human Resources)<br>|**Access Listing:**<br>Level I: All Access<br>|



State will be served by obtaining the part-time services of such a person in lieu of
obtaining such services from a person not presently employed by the State and;

2. The Commissioner of Corrections must certify in writing that the person whose

services are desired is available to perform such services, that the performance of
such services will not detract or have a detrimental effect on the performance of
said person's employment and, where appropriate, that the part-time employment
of such persons by the department, agency, commission, or authority desirous of
obtaining the services will be in the best interest of the state; and

3. The departments, agencies, commissions, or authorities, after having complied

with the above, shall, by agreement, establish the procedures under which the
employee shall perform the additional services. The agreement shall specify the
means of employment, the compensation, and other pertinent details and
conditions of the employment relationship. The agreement shall be terminable at
any time by either of the departments, agencies, commissions, or authorities.

4. Requests for Other Employment from persons described in this paragraph must

also include: Attachment 1, Other Employment Request and Verification form, a
memo from the employee outlining their current job, description of their other job,
and a detailed description of the employee’s credentials. This will be routed
directly to the Human Resources Director, who will be responsible for processing
this employment agreement.

**V.** **Attachment:**

Attachment 1: Other Employment Request and Verification Form

**VI.** **Record Retention of Forms Relevant to this Policy:**

Upon completion, Attachment 1 shall be retained permanently in the employee’s local and
official personnel file.