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PERSONNEL MANAGEMENT
Outside Activities
Chapter 1 Section 18

I. GENERAL

This section outlines the Office of Temporary and Disability Assistance's
(OTDA) policy and procedures which all employees are to follow in
requesting approval to engage in outside activities. Outside Activities may
include outside employment, dual employment, extra service employment
or volunteer service. APPM Chapter 3, Section 9 regarding Political
Activity should be referred to in conjunction with this article to ensure that
employees are in compliance with all applicable policies.

II. PRIMARY RESPONSIBILITY

The Bureau of Human Resources is responsible for coordinating OTDAs
review of all requests. It is also responsible for determining the
appropriateness of scheduling, time and attendance and related issues.

The Division of Legal Affairs (Counsels Office) is responsible for
determining OTDA policy under such relevant standards as may be set by
the New York State Joint Commission on Public Ethics (JCOPE) related to
conflict of interest under the Public Officers Law and reviewing all requests
for any such conflicts.

III. DEFINITIONS

A. Outside Employment refers to employment performed with private
industry or a government agency other than New York State during
off-duty hours or self-employment, including the rental of real estate in
which the employee has an interest.

B. Dual Employment refers to employment of an OTDA employee in
another State agency where the combined number of hours worked is
less than or equal to 37.5 hours per week.

C. Extra Service Employment refers to employment performed by an
OTDA employee in another State agency when the combined number
of hours worked is in excess of 37.5 hours per week. Extra Service
Employment is usually performed after normal working hours, i.e.,
evenings, weekends and holidays or during an approved vacation
leave.

D. Voluntary Service refers to any work or activity performed with a
private industry, a governmental or non-governmental agency or
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organization or group, either profit or non-profit, during off-duty hours
for which no compensation is received.
IV. POLICY
A. No OTDA employee shall accept or begin employment in any position or title,
full-time or part-time, in the classified or unclassified service, in another State
agency for which employment compensation is paid, without prior written
consent by OTDA. Newly hired employees cannot continue in outside
activities without the written consent of OTDA.

B. Employees may not engage in paid employment or voluntary service with
private industry or a governmental or non-governmental agency or
organization which conflicts with their duties or responsibilities in OTDA.

C. Employees who have been designated as policymakers in accordance with
Section 73-a (1)(c)(ii) of the Public Officers Law, who anticipate receiving
more than nominal compensation, as defined in the Rules and Regulations of
JCOPE (19 NYCRR Section 932.1(d)), must obtain approval from JCOPE as
well as OTDA prior to accepting outside activities. No person designated as
a policymaker may serve as an officer or otherwise have a substantial
interest in any entity which is licensed or supervised by OTDA.

D. OTDA employees are to pursue a course of conduct which will not raise
suspicion among the public that they are likely to be engaged in acts that are
in violation of their public trust. OTDA employees should not accept paid
employment including the rental of real estate or perform services on a
voluntary basis which will impair, or give the appearance that their action will
impair, the independence of their judgment in the exercise of their official
duties.

The following guidelines are intended to assist employees and supervisors in
identifying some potential conflicts of interest:

1. The outside
employment or voluntary service may not create, or appear to
create, a conflict of interest with policies and programs of
OTDA. For example, an employee who works in the Division of
Disability Determinations may be allowed to work part-time or
do volunteer work for a homeless shelter, but an employee of
the Center for Specialized Services who provides programmatic
oversight to homeless shelters or an Audit and Quality
Improvement employee who audits homeless shelters could not
perform this work.

2. The outside, dual, extra service
employment or voluntary service may not diminish the
employee's effectiveness in performing his/her duties as an
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OTDA employee or in any way discredit the program objectives
of OTDA.

3. Outside employment or voluntary service
shall not occur during normal working hours without appropriate
charge to leave credits, or to leave without pay.

Such leaves may not interfere with carrying out the regular
duties of an OTDA position. Refer to the Administrative Policies
and Procedures Manual sections on Use of Leave Credits or
Leave Without Pay. All such leaves are granted at OTDA
discretion.

4. The rental of real estate in which the employee
has an interest may create, or appear to create, a conflict of
interest in certain situations. For example, such a conflict would
exist if an employee had an interest in a property that was to be
rented at a rate other than the fair market value to individuals or
organizations with whom the employee has substantial dealings
as part of the employee's performance of his/her official duties.

E. Approval to engage in outside, dual, extra service employment or
volunteer activities including self-employment will be based on
Center/Division/Bureau needs. No such approval shall be effective
for a period of more than one year.

If an employee's outside, dual, extra service employment or
volunteer activities will continue beyond a year, it is the employee's
responsibility to request a new approval at least four weeks prior to
the expiration date of the current approval. Approval for
continuation of the activity may not be assumed.

F. Employees whose duties change substantially---either within OTDA
or in the dual, extra service, outside employment or volunteer
service---must obtain a new approval.

G. Failure to secure prior approval(s) for outside activities, or
continuing to engage in outside activities when such approval has
been denied are violations of this policy and may subject
employees to disciplinary action.

V. PROCEDURE

A. Request for Outside Activities

Responsibility Action

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Employee 1. Completes Section A of form
OTDA-1320 (Request for
Approval of Outside Activities),
including description of duties
performed in OTDA and a
description of duties of outside
activity.

2. If employee has been
designated a policymaker, as
referred to in Section IV-C
above, he/she must also
complete the NYS JCOPES
Outside Activity Request form
the first time he/she requests
approval of compensated
employment. The required form
and information on the approval
process can be obtained from
the Ethics Act Monitoring
Section in the Bureau of Human
Resources (BHR) at
tdabhr@dfa.state.ny.us.

3. Submits form OTDA-1320 and
duties descriptions to supervisor
at least four weeks prior to
desired start date of outside
activity. If request is for Dual or
Extra Service Employment,
must also complete the Office of
the State Comptrollers form AC-
1588 (Dual Employment/Extra
Service Approval).

Supervisor 4. Reviews request against needs
of Center/Division/Bureau and
criteria for determining if a
conflict of interest exists as
referred to in Section IV-D
above.

5. If it appears there may be a
conflict
of interest, contacts Counsels
Office or BHR for an opinion
prior to approving/disapproving
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the request.

6. Completes Section B of form
OTDA-1320, recommending
approval or disapproval and
including reason(s) for any
disapproval.

a. If no conflict of interest
exists and
Center/Division/Bureau
operations permit, approves
request.

b. If a conflict of interest exists
or Center/Division/Bureau
operations will not permit,
disapproves request stating
reason(s) for disapproval.

Forwards form OTDA-1320 to
Ethics Act Monitoring Section in
BHR at tdabhr@dfa.state.ny.us.


Ethics Act Monitoring Section




Counsels Office
7.




8.



9.
Receives form OTDA-1320, logs
form in, reviews for
completeness and forwards
form to Counsels Office for
review.

Reviews form OTDA-1320 for
conflicts of interest under Public
Officers Law.


Completes Section C of form
OTDA-1320, recommending
approval or disapproval and
including reason(s) for any
disapproval.

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.
Forwards form OTDA-1320 to
Ethics Act Monitoring Section.

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Ethics Act Monitoring Section 11
.
Reviews form OTDA-1320 for
conflict with work schedule and
time and attendance issues, as
well as recommendation of
Counsels Office and the
Center/Division/Bureau.

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.
Completes Section D of form
OTDA-1320, approving or
disapproving request and
indicating reason(s) for
disapproval and signs the form.

a. If APPROVED, forwards a
copy of the signed form
OTDA-1320 with a cover
memo and a copy of the
Outside Activities policy
statement to the employee
with a copy to the
administrative coordinator for
the employees
Center/Division/Bureau. If
AC-1588 accompanies the
request, signs form and
faxes a copy to the Office of
the State Comptroller.

b. If DISAPPROVED, forwards a
memo explaining reason(s) for
disapproval with a copy of the
disapproved form OTDA-1320
and the original unsigned AC-
1588, if applicable, to the
employee with a copy to the
administrative coordinator for
the employees
Center/Division/Bureau.

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.
Places the original form OTDA-
1320 and all other related
documents in the employee's
Personal History Folder.

Employee 14
.
If required as discussed in step
2 above, ensures that JCOPES
Outside Activity Request has
been approved. Employees
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requiring JCOPES approval or
outside activity may not begin
such activity until JCOPES
approval has been received. As
discussed in Section IV. A.
above, no employee shall
engage in outside activities
without prior written consent
from OTDA.

.

B. Appeal of Disapproved Request to Perform Outside Activities

Responsibility Action

Employee 1. Submits a written appeal of
disapproval, all other related
documents, including copies of
form OTDA-1320, indicating
disapproval, to Deputy
Commissioner for Operations
and Program Support (OPS)
with a copy to the Director of
Human Resources. Appeal
must be submitted within two
weeks of receipt of disapproval.

Deputy Commissioner for OPS 2. Reviews written record and
grants or denies appeal.

3. Notifies employee and Director
of Human Resources in writing
of decision within three weeks of
receipt of appeal.

Employee 4. Receives notice of action:

a. GRANTED: May undertake
employment or voluntary
activity.

b. DENIED: May not undertake
employment or voluntary
activity

NOTE: It is the responsibility of
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the employee to ensure that all
required approvals for the
performance of other
employment or voluntary service
activities are obtained and
maintained in accordance with
this policy.





October 2013