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District Policies

Viewing Policy: SP 4136 Nonschool Employment



In order to help maintain public trust in the integrity of operations, the San Benito County Superintendent of Schools expects all employees to give the responsibility of their positions precedence over any other outside employment. A Department employee may receive compensation for outside activities as long as these activities are not inconsistent, incompatible, in conflict with, or inimical to his/her Department duties.


An outside activity shall be considered inconsistent, incompatible, or inimical to Department employment when such activity: (Government Code 1126)


  1. Requires time periods that interfere with the proper, efficient discharge of the employee’s duties


  1. Entails compensation from an outside source for activities which are part of the employee’s regular duties


  1. Involves using the Department’s name, prestige, time, facilities, equipment, or supplies for private gain


  1. Involves service which will be wholly or in part subject to the approval or control of another Department employee or County Board member


An employee wishing to accept outside employment that may be inconsistent, incompatible, in conflict with, or inimical to the employee’s duties, shall file a written request with his/her immediate supervisor describing the nature of the employment and the time required. The supervisor shall evaluate each request based on the employee’s specific duties within the Department and determine whether to grant authorization for such employment.


The supervisor shall inform the employee whether the outside employment is prohibited. The employee may appeal a supervisor’s denial of authorization to the County Superintendent or designee. An employee who continues to pursue a prohibited activity may be subject to disciplinary action.




A certificated employee shall not accept any compensation or other benefit for tutoring a student enrolled in his/her class(es). An employee who wishes to tutor another Department student shall first request authorization from his/her supervisor in accordance with this Department policy. If authorization is granted, the employee shall not use Department facilities, equipment, or supplies when providing the tutoring service.  (5 CCR 80334)


Legal Reference: (see next page)







Legal Reference: EDUCATION CODE

35160  Authority of governing boards

35160.1 Broad authority of school districts 51520  Prohibited solicitation on school premises GOVERNMENT CODE

1126  Incompatible activities of employees 1127  Incompatible activities; off duty work 1128 Incompatible activities, attorney CODE OF REGULATIONS, TITLE 5

80334 Unauthorized private gain or advantage ATTORNEY GENERAL OPINIONS

70 Ops.Cal.Atty.Gen. 157 (1987)


Management Resources: WEB SITES


Fair Political Practices Commission:















Policy Approved: 12-12-18