Official with side job
May 8, 2016 | 40,00 EUR | answered by Jan Wilking
Official law: A municipal official (in his mid-50s, A13, civil servant for life) is working in a supervisory role within a unit of his authority. He has been granted a leave of absence by his employer (the district capital) according to section 78e of the State Civil Service Act. Nevertheless, he has been running his own business as the publisher of several financial newsletters for years. Within the past year, he has founded a GmbH solely for the purpose of collecting funds from his clients, with himself as the managing director and an investment of €25,000, and concealing this from his employer by regularly submitting the annual certificate required by section 70 (4) of the State Civil Service Act.
Dear inquirer,
based on your description, there is a disciplinary offense that is likely to result in disciplinary measures if the authorities become aware of it.
According to § 70 paragraph 2 LBG (formerly: 78e LBG), a vacation request can only be granted if the applicant declares that they do not engage in a secondary activity for remuneration that requires approval. However, the official is engaging in such a secondary activity.
Furthermore, he is concealing his income from the secondary activity, thereby violating his obligation under § 52 paragraph 4 LBG (formerly: 70 paragraph 4 LBG) to truthfully disclose the nature and extent of the secondary activity he is engaging in and the amount of remuneration received for it.
I hope I was able to assist you and remain
Yours sincerely
... Are you also interested in this question? 
