Minnesota law does not prohibit state employees from accepting employment outside their state positions, however, such outside employment must be consistent with the Minnesota Code of Ethics for Executive Branch Employees contained in M.S. 43A.38 The Code of Ethics defines the obligations of State Executive Branch employees in the following areas:
Since the Code defines obligations of employees, all MnSCU employees should be aware of the provisions of the Code. Accordingly, the Code of Ethics should be distributed to all current employees and should be provided to all new employees at the time of hire.
The Code outlines circumstances that constitute a conflict of interest for state employees. These circumstances may arise in conjunction with employment outside the college/university. As a result, to avoid actual or perceived conflicts of interest in outside employment, the employee must provide immediate written notice to the President (for campus employees) or the Chancellor (for Presidents and Chancellor’s Office employees) regarding the specifics of any employment that may give the perception of a conflict of interest. Colleges/universities should provide notice to all employees outlining their obligation to provide written notice of possible conflicts.
Subdivision 1. Definitions. For the purpose of this section the following definitions shall apply:
Subd. 2. Acceptance of gifts; favors. Employees in the executive branch in the course of or in relation to their official duties shall not directly or indirectly receive or agree to receive any payment of expense, compensation, gift, reward, gratuity, favor, service or promise of future employment or other future benefit from any source, except the state for any activity related to the duties of the employee unless otherwise provided by law. However, the acceptance of any of the following shall not be a violation of this subdivision:
Subd. 3. Use of confidential information. An employee in the executive branch shall not use confidential information to further the employee's private interest, and shall not accept outside employment or involvement in a business or activity that will require the employee to disclose or use confidential information.
Subd. 4. Use of state property.
Subd. 5. Conflicts of interest. The following actions by an employee in the executive branch shall be deemed a conflict of interest and subject to procedures regarding resolution of the conflicts, section 43A.39 or disciplinary action as appropriate:
Subd. 6. Determination of conflicts of interest. When an employee believes the potential for a conflict of interest exists, it is the employee's duty to avoid the situation. A conflict of interest shall be deemed to exist when a review of the situation by the employee, the appointing authority or the commissioner determines any one of the following conditions to be present:
Subd. 7. Resolution of conflict of interest. If the employee, appointing authority or commissioner determine that a conflict of interest exists, the matter shall be assigned to another employee who does not have a conflict of interest. If it is not possible to assign the matter to an employee who does not have a conflict of interest, interested persons shall be notified of the conflict and the employee may proceed with the assignment.
Subd. 8. Precedence of chapter 10A. Where specific provisions of chapter 10A apply to employees and would conflict with this section, the provisions of chapter 10A shall apply.
Subd. 9. Limits. This section shall not be interpreted to apply to any activity which is protected by sections 179A.01 to 179A.25 and collective bargaining agreements and practices thereunder nor to prevent a current or former employee from accepting employment with a labor or employee organization representing employees.
HIST: 1981 c 210 s 38; 1982 c 560 s 35; 1984 c 462 s 27; 1Sp1985 c 17 s 9; 1987 c 128 s 1; 1997 c 202 art 2 s 34
Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota.