Commentary

Moonlighting Permitted If...

Published: Monday, April 14, 2008 3:36 PM PDT



There was a lingering question Friday about whether Marti Emerald could legally take a second (or third) job if she becomes a member of the San Diego City Council.

She has said she will suffer financially with the $75,000 salary council members earn and she may keep doing consulting work or teach at a college to make up for it.

It looks like she would be in charge of deciding whether that's OK or not.

The city charter says this (emphasis mine):

Council members, including the Mayor, shall devote full time to the duties of their office and not engage in any outside employment, trade, business or profession which interferes or conflicts with those duties.


How in the world would you ever be able to prove that an outside job interfered or conflicted with an official's duties? You'd have to ask them. I bet I can predict how they would answer if asked whether they were letting their private enterprise efforts interfere with their official duties.

Reader Jennifer asked me to go a bit further with this in feedback on the last post.

Here was Jennifer's question:

The attack on Marti Emerald is very transparent and may actually bring up more questions about her opponent's outside work. Will Ms [April] Boling continue her current accounting career outside of council work if elected? And, will she actually be making more money...or less.... than she does now, if elected? I await answers, Scott. Thanks


OK, answers. I asked April Boling if the council salary would be less than her current earnings. She said "definitely."

I asked if she'd keep active in her accounting business. She said the council salary is enough.

"I believe it is impossible for a councilmember to represent his or her district well with a side job," she said. "Once elected, I will shut down my accounting practice and take no new clients or employment during my term in office."

Hope that helps.

-- SCOTT LEWIS




Reader Feedback


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Comments so far on this story:



1. JohnnyDee wrote on April 14, 2008 4:07 PM:
"This is what iks me with all the griping about elected officials' salaries. A salary boost is like what, a 100th of one percent of the annual budget? Meanwhile, a REGULAR person, say a teacher or whatever, can't afford to take one of these positions, even assuming they could raise the money to get elected in the first place. So we end up either with wealthy (typically self employed) folks or those otherwise unemployable. What this city needs are folks to run for office with succesful careers with large corporations, which is exactly what the city is."

2. Jennifer wrote on April 15, 2008 7:53 AM:
"Scott, thanks for asking the question. And I now have more questions: Now that the Council has voted to increase the pay of members 24%, will that be enough for Ms. Boling and Ms. Emerald? How do they feel about the pay increase versus the cuts the City is making elsewhere in the budget? How would they vote on the pay increase issue? Should Council members vote their own pay increases? How many of the current Council members "moonlight" in their outside businesses? If so, has their outside work affected their performance? Again awaiting answers. Thanks in advance for your research."

3. JF wrote on April 15, 2008 4:40 PM:
"No NEW clients or business? Or no clients or business?"

4. Rock On wrote on April 18, 2008 1:51 PM:
"Johnny Dee, you make a great point. Raising Counsel salaries is not something anyone thinks sounds good, but all you'll attract is super wealthy or destitute idiots. And for those in the middle who do get elected, trying to support their families on $75k a year, may be tempted to boost their income or line up a plumb private job once out of office, thereby creating conflicts. Department heads in the City all make over $100K, as do many deputy directors, deputy city attorneys, etc. Let's face it, it's interesting when your "boss" makes half of what you do. Still, I think if the City were not such a mess, there would be sufficient support for a pay raise."


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