44.10.601    OVERLAPPING SALARIES FROM MULTIPLE PUBLIC EMPLOYERS

(1) "Public employee" and "public officer" are defined in 2-2-102, MCA.   For purposes of this rule, "public employee" does not include an employee in the federal system.

(2) All state public employees, state public officers, and legislators who receive multiple salaries from multiple public employers for overlapping work hours must file a completed multiple public employment disclosure form with the commissioner within 15 business days of the occurrence, contract agreement, or receipt of payment.   The multiple public employer disclosure form is available upon request from the commissioner's office.

(3) The multiple public employment disclosure form will contain the following information:

(a) name, address, and telephone number of the state public employee, state public officer, or legislator;

(b) name, address, and telephone number of each public employer;  

(c) date(s) of multiple employment;

(d) title(s) or description(s) of each overlapping position;

(e) amount(s) paid by each public employer and method(s) of payment.

(4) If multiple employment is ongoing, a multiple public employment disclosure form must be filed with the commissioner annually, prior to December 15 of the current year.   If multiple employment is occasional, a multiple public employment disclosure form must be filed on each occasion.

(5) The commissioner will monitor statutory disclosure requirements and notify any state public employee, state public officer, or legislator who is not in compliance with 2-2-104, MCA, within a reasonable period of time.   Noncompliant individuals must correct the infraction and submit supporting documentation to the commissioner within 15 days after their receipt of notification.   Saturdays, Sundays, and holidays shall be excluded in the calculation of the 15-day period.

History: Sec. 13-37-114, MCA; IMP, Sec. 2-2-104, MCA; NEW, 1996 MAR p. 789, Eff. 3/22/96; AMD, 2001 MAR p. 2049, Eff. 10/12/01.