Offers of Outside Employment

Offers of Outside Employment


As a reporting public office holder, you
may be solicited by third parties with offers of outside employment. In this
video, I’ll explain the Conflict of Interest Act’s rules and reporting
requirements regarding receiving or accepting firm offers of outside
employment. First, the term outside employment refers to employment that
falls outside the scope of the Act’s substantive conflict of interest rules.
It includes employment with public sector entities or with a political
party, appointments to boards of directors, partnerships, positions that
create an employer-employee relationship, and most service contracts. The Conflict
of Interest Act’s conflict of interest rules prohibit public office holders
from being influenced in the exercise of an official power, duty or function, like
plans for or offers of outside employment. Therefore, when you receive or
accept a firm offer of outside employment, that is to say any serious
offer, whether written or verbal, you’re required by law to disclose this
information to our Office. You must do so within seven days of receiving an offer
and again within seven days of accepting an offer. You should not wait until a
letter of offer or agreement is formally signed and executed to disclose the
offer, even if there are still some matters open to negotiation between you
and your future employer. If you fail to disclose an offer or acceptance of
outside employment within the seven-day deadline, you could be subject to an
administrative monetary penalty of up to five hundred dollars. If you are
considering accepting an offer, your advisor will review your disclosure and
provide advice on the permissibility of accepting it in light of your current or
post employment obligations. Keep in mind that although it is not mandatory to
disclose an offer of outside employment that you receive
after you leave public office, it is recommended that you contact our Office
for guidance on complying with your post- employment obligations under the Act. For
more information on this or any other subject, please contact our website.