Form Asps/hrd-Fas.01 - Outside (Secondary) Employment - Arizona State Personal System

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ARIZONA STATE PERSONNEL SYSTEM
OUTSIDE (SECONDARY) EMPLOYMENT
R2-5A-503. Outside Employment
A. General. A state employee may seek employment and engage in a variety of activities outside
of the employee’s work for the state; however, the employee shall not engage in other
employment or other activity that is not compatible with the full and proper discharge of the
duties and responsibilities of state employment, or that tends to impair the employee’s
capacity to perform the employee’s duties and responsibilities in an acceptable manner.
B. Definitions. For the purposes of this Section:
1. “Other employment” includes, but is not limited to:
a. Working as an employee for any employer, including another state agency;
b. Owning a business;
c. Contracting to provide services for a fee; or
d. Serving as a consultant for a fee or being self-employed;
e. Holding any elected or appointed public office, whether federal, state, or local;
or
f. Holding a position in a political party or organization.
2. “Primary agency” means the agency in which the employee is employed at the time of
the employee’s request to obtain outside employment with another agency.
3. “Secondary agency” means the agency in which the employee is requesting to be
employed while remaining employed with the primary agency.
C. Notice requirement. An employee who desires to engage in other employment shall notify
the employee’s supervisor and abide by the policies of the employing agency. An employee
engaged in outside employment, including consultant relationships, shall inform the
supervisor of the nature of the employment and corresponding work hours. An employee
shall also disclose actual or potential conflicts of interest related to outside employment
activities as soon as the employee becomes aware of the conflict. The determination as to
whether a conflict or potential conflict exists shall be made by the agency head.
D. Outside employment with another state agency. An employee who seeks outside
employment with another state agency must request approval from both the employee’s
primary agency and prospective secondary agency before commencing employment with the
secondary agency. The primary and secondary agencies must ensure that the request
complies with state and federal guidelines. Such request, if approved shall be in writing and
on file with both agencies. Employment records are to be maintained in accordance with the
provisions of R2-5A-105.
E. Outside employment as a paid public official or in a political party or organization. All
employees shall comply with A.R.S. § 41-752 pertaining to political activities.
F. Termination of outside employment. If an agency head determines that an employee’s
outside employment interferes with the employee’s performance or creates a conflict of
interest, the employee will be required to terminate the outside employment.
G. Consequences of non-compliance. An employee who fails to make required disclosures or to
take action to resolve any conflict of interest may be disciplined or separated from state
employment. Any such actions involving a covered employee shall be in accordance with the
rules in Subchapter B, Article 3.
ASPS/HRD-FA5.01 10/12
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