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EXECUTIVE ORDER NO. 013

THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY

KARL F. DEAN , MAYOR

 

SUBJECT: Limitations on Secondary Employment

I, Karl Dean, Mayor of the Metropolitan Government of Nashville and Davidson County, by virtue of the power and authority vested in me, do hereby amend former Mayor Bredesen Executive Order No. 97-01 and find, direct and order the following:

I. The need often arises for private citizens, businesses, charitable organizations and governmental agencies to secure the services of police officers and other Metropolitan Government employees for secondary employment; and

II. A Metropolitan Government employee who acts in any manner to arrange secondary employment with a public or private employer for other Metropolitan Government employees may interfere with the brokering employee's responsibility to devote his or her full attention to Metropolitan Government employment duties; and

III. The involvement of Metropolitan Government employees in arranging secondary employment with public or private employers for other Metropolitan Government employees may create conflicts of interest between employees, particularly where the brokering employee is in a supervisory position over the employee being placed in secondary employment; and

IV. The involvement of Metropolitan Government employees in arranging secondary employment with public or private employers for other Metropolitan Government employees may place the brokering employee in a position where special favors, privileges or preferential treatment may be granted by the employee receiving the secondary employment; and

V. The involvement of Metropolitan Government employees in arranging secondary employment with public or private employers for other Metropolitan Government employees may create the appearance of impropriety; and

VI. The involvement of Metropolitan Government employees in arranging secondary employment with public or private employers for other Metropolitan Government employees may result in either the brokering employee or the employee being placed in the secondary employment losing complete independence or complete impartiality in managing and evaluating fellow employees; and

VII. The involvement of Metropolitan Government employees in arranging secondary employment with public or private employers for other Metropolitan Government employees may adversely affect the confidence of the public in the integrity of the Metropolitan Government, thereby subjecting the Metropolitan Government to criticism.

1 . Brokering prohibited. All personnel of the Metropolitan Government shall be prohibited from brokering secondary employment. In addition, no personnel of the Metropolitan Government may have a direct interest or an indirect interest in a business that engages in brokering secondary employment for any Metropolitan Government employee who works for the same department, agency, board or commission of the Metropolitan Government. The prohibition on brokering shall not apply to brokering performed in the course and scope of employment for the department, agency, board or commission of the Metropolitan Government by employees whose job description or job assignment for the department, agency, board or commission of the Metropolitan Government includes arranging secondary employment for other Metropolitan Government employees. This prohibition shall not prohibit personnel from responding to unsolicited and infrequent requests to suggest a fellow employee for secondary employment, provided that the Metropolitan Government employee making the recommendation is only asked to recommend other employees of comparable rank or classification for secondary employment and that she or he receives no remuneration for making the recommendation.

2. Secondary employment allowed. Employees are not prohibited from otherwise engaging in secondary employment consistent with the policies adopted by their respective department, agencies, boards or commissions or civil service board. For employees of the Metropolitan Department of Police, the Chief of Police shall promulgate a general order approved by the Metropolitan County Mayor governing secondary employment.

3. Definitions. For purposes of this Executive Order, the following terms shall have the meanings set forth herein:

"Brokering" shall mean acting in any manner to arrange secondary employment for any Metropolitan Government employee who works in the same department, agency, board or commission of the Metropolitan Government regardless of whether compensation and/or other benefits are received for such service.

“Controlling interest” shall mean the individual with the ownership or control of the largest number of outstanding shares owned by any single individual or corporation.

“Direct interest” shall mean a business in which the employee is the sole proprietor, a partner, or the person having the controlling interest.

“Indirect interest” shall mean any business in which the employee of the Metropolitan Government has a financial interest other than a direct interest, including a business where the spouse of the employee has a direct interest and the employee and spouse co-mingle assets.

“Infrequent” shall mean no more than once in a thirty day period.

“Secondary employment” shall mean employment other than the employee's primary employment by a department, agency, board or commission of the Metropolitan Government.

4. Persons covered: This Executive Order applies to all employees of Metropolitan Government except: employees of the Board of Education, Nashville Electric Service, Metropolitan Nashville Airport Authority, Metropolitan Development Housing Agency, and elected officials and their employees.

Ordered, Effective and Issued:

Karl F. Dean
Mayor

Date: March 17, 2008