California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 5 - Personnel › Article 2 - Employees › Section 3413 - Incompatible Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Employees of
					 the department shall not engage in any other employment or activity inconsistent or
					 incompatible with employment by the department. Conduct deemed to fall in such
					 categories includes, but is not limited to the following:
(1) Using the prestige or influence of the state
					 or the department for private gain or advantage.
(2) Employment or participation in any activity of
					 an illegal nature.
(3) Any employment or
					 other activity which will prevent the employee from doing his or her job as an
					 employee of the department in an efficient and capable manner, or represents a
					 potential conflict of interest or the appearance of a conflict of interest with his
					 or her job.
(4) Employment which will
					 prevent a prompt response to a call to report to duty in an emergency or when
					 otherwise required to be present by his or her supervisor or the warden or
					 superintendent.
(5) Using for private
					 gain the time, facilities, equipment or supplies of the state.
(6) Using workgroup computer technologies to do
					 any of the following:
(A) Publish, display, or
					 transmit information that:
1. Violates or
					 infringes on the rights of other persons, including the right of privacy.
2. Contains defamatory, intentionally false,
					 obscene, pornographic, profane, sexually harassing, threatening, racially offensive,
					 or other unlawfully discriminatory material.
3. Encourages the use of unprescribed controlled
					 substances.
(B) Conduct
					 activities not related to the mission or work tasks of the department.
(C) Solicit the performance of activities
					 prohibited by law.
(D) Transmit
					 material, information, or software in violation of departmental policies, or local,
					 State, or Federal Law.
(E) Conduct
					 electioneering or engage in political activities.
(F) Engage in non-government related fund raising
					 or public relations activities.
(G)
					 Conduct personal business activities or activities for personal monetary
					 gain.
(H) Purchase or sell unauthorized
					 goods or services.
(7)
					 Providing confidential information to persons to whom issuance of such information
					 has not been authorized, or using such information for private gain or
					 advantage.
(8) Receiving or accepting
					 money or any other consideration from anyone other than the state for performance of
					 an act which the employee would be required or expected to render in the regular
					 course or hours of his or her employment, or as a part of his or her duties as a
					 state employee.
(9) Receiving or
					 accepting, directly or indirectly, any gift, including money, any service, gratuity,
					 favor, entertainment, hospitality, loan, or any other thing of value, from anyone
					 who is doing or is seeking to do business of any kind with the state or whose
					 activities are regulated or controlled in anyway by the state, under circumstances
					 from which it reasonably could be inferred that the gift was intended as a reward or
					 for the purpose of influencing any official action on the employee's part.
(10) Consulting or testifying as a specialist or
					 an expert witness, based on expertise gained in the course of their duties, in any
					 administrative, civil, or criminal action without having given reasonable notice, as
					 defined in section
					 3413(a)(10)(A), to the
					 chief deputy general counsel of the office of legal affairs.
(A) An employee who is contacted by a fellow
					 employee, their representative, or attorney regarding ongoing or anticipated
					 administrative, civil, or criminal proceedings for the purpose of eliciting expert
					 testimony, as defined in Evidence Code section
					 720, shall,
					 within one business day, notify in writing the chief deputy general counsel of the
					 office of legal affairs. The written notification shall include all relevant
					 information concerning the contact and a synopsis of the employee's anticipated
					 testimony. The employee whose testimony is sought shall also forward any subpoena
					 served upon them within one business day of service.
(B) The chief deputy general counsel or designee
					 retains the discretion to seek to quash the subpoena on any substantive or
					 procedural grounds before the judicial body through whose authority the subpoena was
					 issued.
(C) This subsection shall not
					 apply when an employee has been requested to testify regarding an event or
					 transaction which he or she has perceived or investigated in the course of his or
					 her duties or when an employee has been requested to testify as an expert witness by
					 the department.