Dual Employment: Regulating Public Jobs for Legislators

Alabama

Ala. Code § 29-1-26.

Legislators may not be employees of any other branch of state government, any department, agency, board, or commission of the state, or any public educational institution.

Legislators may maintain membership in or employment by the Alabama National Guard, the civil defense force, or the state defense force. Contracts with providers of Medicaid services in the ordinary and normal course of their profession is not prohibited. Legislators may maintain part-time employment with a prohibited entity if no more than 5% of income comes from each client and the employment makes up no more than of 10% total income.

Alaska

Alaska Const. Art. 2 § 5

Legislators may not hold any other position of profit under the United States or the state. During the term for which elected and for one year thereafter, no legislator may be nominated, elected, or appointed to any other office or position of profit.

Arizona

Ariz. Const. Art. 4 Pt. 2 § 5

Legislators may not be employed by the state or any other county, incorporated city or town.

Legislators may be school trustees or teachers in the public school system.

Arkansas

Ark. Stat. Ann. § 21-1-402

Elected constitutional officers may not enter employment with any state agency, public school district in a noncertified position, vocational education school funded by the state or any education service cooperative.

Legislators may hold a prohibited state position so long as they were previously employed by the entity prior to taking office and receive prior approval from the Joint Budget Committee or Legislative Council and the employment does not violate certain conflict of interest laws. If these conditions are met, they may transfer employment to another one of the entities, change their positions under their current employer, or upon retirement they may enter into part-time employment with one of the entities.

California

Cal. Const. Art. 4, § 13

Legislators may not hold any employment under the state.

Colorado

No statute found.

Connecticut

No statute found.

Delaware

Del. Code Ann. tit. 29, § 5822

N/A

An official may be employed by the state or political subdivision of the state, but their pay will be reduced on a prorated basis for any hours or days missed.

District of Columbia

No statute found.

Florida

Fla. Stat. § 112.313

Public officers may not hold employment with a business or agency that is subject to their regulations or that causes a frequently recurring conflict of interest.

When the "agency" is a legislative body and the regulatory power is through the enactment of law or ordinances, employment is not prohibited.

Georgia

Ga. Code § 16-10-9

Legislators may not hold employment in the executive or judicial branch.

Guam

4 G.C.A. § 6504.1

Officers may not be employed to more than one position in the classified or unclassified service in any department or agency or by more than one department, agency or branch of the Guam government.

Legislators may be part-time teachers, part-time school health counselors and University of Guam instructors for the Guam Community College, and instructors for the University of Guam who may be employed during the summer and at any other time not in conflict with their primary employment. Legislators may be employed with the Youth Congress, part-time roles with boards or commissions. They may act as nurses, physicians, and as ancillary/allied health professionals in the government. They may be attorneys engaging in the active practice of law, or part-time judges or part-time court referees.

Hawaii

No statute found.

Idaho

No statute found.

Illinois

Ill. Const. Art. 4 § 2

Legislators may not receive compensation as an employee from any other governmental entity for time they are in attendance as a member of the legislature.

Indiana

No statute found.

Iowa

Iowa Code § 68B.2A

Those who serve the state may not retain other employment that uses the state's time, facilities, equipment or supplies. They may not be employed by an entity that is under their official control, inspection, review, audit or enforcement.

Legislators may retain employment so long as they publicly disclose the conflict and refrain from any official action that would create a benefit for that outside employment.

Kansas

No statute found.

Kentucky

Ky. Rev. Stat. § 6.764

Legislators may not accept appointment as an employee of the commonwealth or state agency.

Legislators may serve on the faculty or staff of any university, community college or local public school board.

Louisiana

La. Rev. Stat. Ann. § 42:63

Persons holding elective office may not hold other employment with the state government or political subdivision thereof, foreign government, U.S. government or government of another state.

A list of exceptions can be found in La. Rev. Stat. Ann. § 42:66

Maine

No statute found.

Maryland

Md. Gen. Provis. Code Ann. § 5-514

Legislators may not receive income for an executive unit or a political subdivision of the state.

Massachusetts

Mass. Gen. Laws Ann. ch. 30, § 21

People may not receive multiple salaries from the treasury of the commonwealth.

Michigan

Mich. Const. Art. 4 § 8

Legislators may not be employed with the U.S. government, the state or a political subdivision.

Public notaries and members of the armed forces reserve.

Minnesota

Minn. Stat. § 43A.32

Legislators must take a leave of absence while in session.

Mississippi

Miss. Code. Ann. § 25-4-105

A public servant may be employed or receive compensation from a government entity other than the one which they are an employee or servant of.

Missouri

Mo. Const. Art. 3 § 12

Legislators may not hold employment with the U.S. government, state or municipality.

Members of the organized militia, reserve corps, school boards and public notaries.

Montana

Mont. Code Ann. § 2-2-104

Public officers may not receive salaries from public employment positions that overlap in hours.

Legislators may reimburse the public entity for the hours they are absent, or their salary is reduced from one of the employers.

Nebraska

No statute found.

Nevada

No statute found.

New Hampshire

No statute found.

New Jersey

N.J. Const. art. IV, § 5, ¶ 4

Legislators may not hold a federal or state position of profit.

New Mexico

No statute found.

New York

N.Y. Codes, Rule and Regulations § 6.3

Officers and employees in the classified service may not accept paid employment in another position with the classified or unclassified service, in another state or agency, or in the legislature or the judiciary.

Individuals must receive consent from the head of the department or agency by which they are employed. Does not apply to an examiner in a civil service examination or to prepare or review test questions, appeals from examination ratings or other examination materials.

North Carolina

North Carolina Administrative Code tit. 25 § 1D.0106

N/A

Under the dual employment policy, an agency may secure the services of an employee in another agency on a part-time, consulting or contractual basis when the demand for an employee with special skills and abilities is required for efficient operation of a program.

North Dakota

No statute found.

Ohio

Ohio Rev. Code Ann. § 101.26

Legislators may not be employed with any commission or committee that is authorized by the legislature or any executive or administrative department of the state.

Legislators may be school teachers, employees of boards of education, public notaries, or officers of the militia, or those appointed as trustee, officer, or manager of a private institution that only receives funds from the state treasury in exchange for services rendered.

Oklahoma

No statute found.

Oregon

No statute found.

Pennsylvania

No statute found.

Puerto Rico

P.R. Const. Art. 6, § 10

People may not draw a salary for more than one office or position in the government of Puerto Rico.

Rhode Island

R.I. Gen. Laws § 36-14-5

Elected officials may not accept employment with any other state agency.

May keep their position if it was held at the time of their election. The ethics commission may authorize other exceptions.

South Carolina

S.C. Code Ann. § 8-11-35

Employees of a state department or institution may not be paid compensation from another department of the state.

Exceptions provided in Regulation 19-702.09 of the South Carolina Code of Regulations.

South Dakota

S.D. Codified Laws Ann. §§ 3-8-4, 3-8-4.3

Individuals may not receive two salaries from the state treasury or any funds from a state institution or department.

State employees may take a leave of absence without pay from their primary employment to accept funds from other state institutions, departments, offices or agencies.

Tennessee

No statute found.

Texas

No statute found.

Utah

No statute found.

Vermont

No statute found.

Virginia

No statute found.

Virgin Islands

V.I. Rev. Org. Act of 1954 § 6

Legislators may not be employees of the federal government, or the legislature, executive or judicial branches.

Washington

No statute found.

West Virginia

W. Va. Const. Art. 6, § 13

Legislators may not hold other lucrative employment under the state or U.S. government or a foreign government.

Wisconsin

Wis. Stat. § 16.417

Elective state officials may not hold any other position with an agency or authority.

Unsalaried and unpaid positions compatible with their official duties.

Wyoming

No statute found.