Can public servants have side hustles?

I’m an indeterminate public servant. On my personal time, I am an author who has written a Christian-living non-fiction book that is unrelated to any type of work the government does. I am seeking publication for my book. 

Can I set up a website under my name to showcase my book without breaking any federal government conflict-of-interest policies? I would like to create a few social media accounts to bring my book and other types of writing to the attention of potential readers, literary agents and publishers.

Can I make social media posts related to my book’s theme and guide people to my website? Can I accept interview invitations from the media to publicize my book? 

None of my social media accounts identify which government department I work for. I will ensure my writing complies with the government’s Values and Ethics Code. I am bound by that. Could you also tell me where I could get further advice on this topic, if this is a legal matter? 

Thank you for your guidance, 

— a public servant with a second passion 

As a federal public servant, you can engage in activities outside your official duties, including publishing a work on a subject unrelated to your role.

Such activities are usually permissible as long as they don’t give rise to a real, apparent or potential conflict of interest; do not involve the use of non-public information; and do not affect, or appear to affect, your non-partisan conduct or the public confidence required for the proper discharge of your duties.

In general, establishing a personal website, maintaining social media accounts and participating in interviews to promote your book are all activities that may be undertaken in a personal capacity, provided they respect these obligations.

But you should avoid any suggestion of government endorsement, and you can’t use your position or government resources to produce or promote the work.

You should also make sure that your book activities do not call into question your ability to carry out your duties in an impartial and non-partisan manner.

You could also continue emphasizing in your communications that writing and promoting this book is undertaken on your own time and without the use of government resources.

Maintaining a clear separation between your professional role and your personal activities is important. Your intention to keep your social media presence distinct from your employment is a sound approach.

Some authors also choose to use a nom de plume to create further separation, although this is not generally required.

Your manager and your department’s values and ethics or conflict-of-interest office are best placed to provide advice tailored to your situation.

If you’re still uncertain after consulting them, you could also consider seeking independent legal advice. A lawyer with expertise in employment or administrative law can help assess potential risks related to your obligations as a public servant.

Any final determinations, however, rest with your department. Ultimately, while you’re responsible for identifying and raising potential issues, your department will assess the situation, determine if a formal disclosure is required and whether any restrictions or conditions apply.

Before proceeding with publication, you might want to consider reviewing your department’s conflict of interest and values and ethics guidance.

It would probably be prudent to begin discussions with your manager. This can help determine, at an early stage, whether a formal disclosure is necessary. Simply raising the question can also serve as an appropriate first step while creating a written record and demonstrating good faith.

And if a risk is identified, complete any required disclosure process and follow any measures put in place.

And if you do agree to interviews with media about your book, just make sure to make it clear to any reporter that you’re not speaking in your capacity as a public servant.

Thank you for your questions and best wishes with moving forward with your book.

Sincerely,

— V. C. de la Ronde, Public Service Confidential