Primer

Yes, as long as the other employment does not conflict with your state job.

No, you may not use state property for your private interests. You may use promotional avenues which are available to the general public such as public bulletin boards, etc.

No, this would be using your employment with the state to secure benefits or privileges not available to the general public. A business could see this type of solicitation as pressure. They might construe the solicitation as a requirement to do business with the state even if attempts are made to make the gift voluntary. Any contributions to the state must be approved by Minnesota Management & Budget unless otherwise provided by law.

Avoid any questionable activities.

Review the Code of Ethics for State Employees (M.S. 43A.38).

Ask for help in clarifying the situation. We encourage open discussion of ethical dilemmas. Talk to your supervisor or the person in your department designated to handle conflicts of interest. You may also contact the Minnesota Management & Budgets' Commissioner's Office. In order to obtain a formal response to a conflict of interest question a request must be submitted in writing to: Minnesota Management & Budget, 400 Centennial Building, 658 Cedar Street, St. Paul, MN 55155.

Depending upon the particular circumstances you could be instructed not to pursue the outside activity, you could be re-assigned to avoid the conflict, or you could be allowed to continue with your assignment if the interested parties are notified depending upon the circumstances.

A conflict exists when you:

use your state position to secure an advantage that is not available to the general public for yourself; your immediate family or an organization with which you are associated; accept a position which would affect your independence of judgment in your state job; perform other work subject to direct or indirect control, review or enforcement by you in your state job; use state time, facilities, equipment, supplies, badge, uniform, influence of state office, or confidential information for personal gain; receive payment from non-state sources for work you are expected to do during your regular employment; or, compete with the state for services the state provides. During the 1997 legislative session, Minnesota Statutes 43A.38 was amended, affecting the breadth of the above underlined section. The Statute now reads as follows (amended portion underlined):

Minnesota Statutes 43A.38, Subd. 4 provides: "USE OF STATE PROPERTY. (a) An employee shall not use or allow the use of state time, supplies, or state owned or leased property and equipment for the employee's private interest or any other use not in the interest of the state, except as provided by law.

(b) An employee may use state time, property, or equipment to communicate electronically with other persons including, but not limited to, elected officials, the employer, or an exclusive bargaining representative under chapter 179A, provided this use, including the value of time spent, results in no incremental cost to the state or results in an incremental cost that is so small as to make accounting for it unreasonable or administratively impracticable."

(c) The commissioners of administration and Minnesota Management & Budget shall issue a statewide policy on the use of electronic mail and other forms of electronic communications by executive branch state employees. The policy is not subject to the provisions of chapter 14 or 179A. Appointing authorities in the legislative and judicial branches shall issue policies on these issues for their employees. The policies shall permit state employees to make reasonable use of state time, property, and equipment for personal communications and shall address issues of privacy, content of communications, and the definition of reasonable use as well as other issues the commissioners and appointing authorities identify as necessary and relevant.

Yes, provided the work you do is not related to your duties as a state employee. State law says that executive branch employees shall not directly or indirectly receive compensation for any activity related to the duties of the employee from any source except the state.

The state has no authority to control what you do on your own time as long as it does not interfere with your state work.

Related to your work duties is defined in statute as the performance of an act which the employee would be required or expected to perform in the regular course or hours of state employment or as part of the duties as an employee. If you have questions about your work duties, your supervisor can help you clarify them..

If the speech or presentation is related to your work duties you may not receive an honorarium while on state time. If the speech is related to your work duties, performed outside of your normal work hours and is authorized by your supervisor, you may be eligible for overtime or comp time or an honorarium. You should check your employment contract and talk to your supervisor.

You may accept gifts of nominal value only -- that means gifts which have no market or retail value such as promotional or advertising items. You may accept a plaque or memento recognizing your service. You may accept honoraria (see #5) or expense reimbursement such as travel and meals, which have been approved in advance by your appointing authority. You should not accept anything which you believe might affect your independence of judgment in your state responsibilities.

Yes. As long as the personal project does not result in any personal financial gain and accrues no incremental cost to the state.

Yes, as long as it is not a conflict of interest and as long as it is not a required or expected responsibility of your state job, and as long as it is done on your own time.