Laserfiche WebLink
<br />4. Fed. R. Civ. P. (45)(c)(3)(B) provides for the protection of witnesses from having to <br />provide unretained expert testimony. None of the above state employees has been retained to <br />testify in an expert capacity in this case. <br />Colorado law prohibits state employees from engaging in any "activity which creates a <br />conflict of interest with his duties as a state employee." Colo. Rev. Stat. § 24-50-117 (2005). <br />The personnel rules implementing this provision prohibit any "outside employment or activity <br />that is directly incompatible with the duties and responsibilities ofthe state employee's position." <br />4 Colo. Code Regs. § 801, 1-13B. "Incompatibility" includes the occurrence or "reasonable <br />inference" of "preferential treatment, impediment of government efficiency or economy, loss of <br />complete independence and impartiality, decision making outside official channels, disclosure or <br />ttse of confidential information acquired through state employment." 4 Colo. Code Regs. § 801, <br />1-13B. <br />6. Colorado law also prohibits state employees from using "state time [orb property ...for <br />...private use or any other purpose not in the interests of the State of Colorado." 4 Colo. Code <br />Regs.~~' 801, t-16B. Indeed, it is the'`duty" of every state employee not to use their time for any <br />purpose not in the interests of the state. Id. <br />"[Advance written approval" is required for such engagements and is to he determined <br />on the basis of "whether the outside employment interferes with the performance of the statejob <br />or is inconsistent with the interests of the state, including raising criticism or appearance of <br />conflicts." 4 Colo. Code Regs. § 801, I-14B. No such approval has been sought or given in this <br />case. <br />