This page provides guidance on drafting outside employment policies for local government agencies in Washington State, including local policy examples.

Overview

It appears to be legally permissible for a public employer in the state of Washington to impose reasonable limitations on off-duty employment by public employees. There is at least one case in Washington that has upheld a restriction on outside employment by a public employer, Mackey v. Graham (1983). In Mackey the court upheld a reasonable restriction on off-duty employment by certain employees of the State Auditor. While this case does not uphold the right of a public employer to restrict all outside employment for all public employees, it does appear to approve reasonable restrictions on outside employment.

Most jurisdictions appear to have provisions on outside employment; many have requirements to notify a superior. Many policies are worded similarly to the example below:

Employees shall not directly or indirectly engage in any outside employment of financial interest which may conflict with the best interests of the city/county or interfere with the employee's ability to perform his/her assigned job. Examples include, but are not limited to, outside employment which:

• Prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job.
• Is conducted during the employee's work hours.
• Utilizes city/county telephones, computers, supplies or any other resources, facilities or equipment.
• Is employment with a firm which has contracts with or does business with the city/county.
• May reasonably be perceived by members of the public as a conflict of interest or otherwise discredit public service.

An employee who chooses to have an additional job, contractual commitment or self-employment, may do so provided they obtain prior written approval from his/her employing official (mayor, city manager, administrator, department head, etc.).

Examples of Local Policies

General

• Anacortes Outside Employment Policy (2016)
• Chelan County Code Sec. 1.20.250
• Thurston County Outside Employment Policy Ch.5(3) (2012)
• Vancouver Outside Employment Policy (2008) - A very detailed policy; also discusses conflicts of interest

Law Enforcement

• Seattle Secondary Employment Policy (2014)
• Snoqualmie Off Duty Employment Policy (1995)
• Spokane Municipal Code Sec. 3.10.020 - Extra duty employment policy.

Recommended Resources

• Sample Moonlighting Policies for Law Enforcement Personnel (1997) - Provides information on outside employment and off-duty misconduct. This remains a good resource document from a Summit Law Group presentation that occurred at the 17th Annual Labor Relations Institute.