Outside Employment and Activities                                  UPPS No. 04.04.06

Issue No. 7

Effective Date: 07/31/2014

Review: June 1 E4Y

 

 

01.         POLICY STATEMENTS

 

01.01   This policy establishes procedures for individuals to have concurrent employment or participate in certain activities outside Texas State University.

 

01.02   Texas State recognizes the common practice of faculty and staff to hold more than one employment or position due to needs, interests, or development. Employment or participation in activities outside the university is permitted as long as it does not create a conflict of interest or interfere with the employee’s university duties and responsibilities.

 

01.03   The president has the authority to disapprove any outside employment or activity under the provisions of this policy that creates a conflict of interest or interferes with the employee’s university duties and responsibilities.

 

01.04   State law (Texas Constitution, Article 16, Section 40(b)) provides that state employees shall not be barred from serving as members of the governing bodies of school districts, cities, towns, or other local governmental districts provided no compensation is received for serving as members of such governing bodies.

 

01.05   Participation in outside employment or activities must comply with the provisions of this policy; the Outside Employment, Conflict of Interest, Conflict of Commitment, Code of Ethics, Political Activities, and Dual Office Holding provisions of Chapters V and VIII; and any other applicable provisions of The Texas State University System Rules and Regulations.

 

02.       DEFINITIONS

 

02.01  Outside employment – any compensated employment, consulting, or service performed by the employee outside of the employee's employment relationship with Texas State for the direct or indirect benefit of the employee or the organization served.

 

02.02  Outside activity – any uncompensated activity, consulting, or service performed by the employee outside of the employee's employment relationship with Texas State for the direct or indirect benefit of the employee or the organization served.

 

02.03  Conflict of interest and commitment – any outside employment or activity, as determined by the employee’s division vice president, that interferes or conflicts with the employee's Texas State duties and responsibilities, and includes as a minimum the situations described in UPPS No. 01.04.02, Ethics Policy; UPPS No. 02.02.07, Researcher Conflicts of Interest in Research and Sponsored Program Activities; UPPS No. 02.02.08, Conflicts of Commitment in Research and Sponsored Program Activities; Chapter V, Section 4.83, and Chapter VIII of The Texas State University System Rules and Regulations.

 

03.       SPECIAL PROVISIONS

 

03.01   To serve in public office or pursue political activities, an employee may not:

 

a.    create the impression that they officially represent the university;

     

b.    utilize or expend university resources;

     

c.    neglect their university duties unless on eligible approved leave; or

     

d.    conduct political or campaign activities on university property during normal working hours.

 

Section d., above, does not apply to an employee who is engaging in such activities at any polling place on campus that has been properly authorized and designated as an official polling place by the appropriate university authority if the activities are during non-working hours or the employee is on eligible approved leave.

 

03.02   Additional Employment with the State of Texas

 

a.    Section 667.007, Texas Government Code, requires that all state employees must inform their state agencies or public institutions of higher education prior to accepting additional employment with another agency or institution.

 

b.    The employee’s agency or institution will inform the employee that:

 

1)   each employment requires maintenance of separate leave records;

2)   he or she may not use time worked in one position as additional service credit for longevity purposes or annual leave accrual for other positions;

3)   upon termination of one employment, he or she may not transfer leave balances accrued under one employment to the remaining employment;

4)   the state contribution towards the employee’s benefit replacement pay corresponds to the overall individual limit, meaning the university treats the employee as if holding only one state position;

5)   the total state contribution towards the employee’s group insurance may not exceed the amount specified in the Appropriations Act for full-time active employees;

6)   the staff employee will receive state longevity payment for no more than one employment; and

7)   overtime compensation will accrue to each employment independent of the other except in those instances in which a staff employee is subject to the overtime provisions of the Fair Labor Standards Act (FLSA). When the employee is subject to FLSA provisions, the employing state entities must consider all combined time worked in excess of 40 hours per week as overtime and compensate the employee in accordance with the FLSA provisions applicable to joint employment relationships. The two entities shall coordinate in order to determine which entity will have the responsibility for ensuring that the employee is properly compensated.

 

04.       PROCEDURES FOR REPORTING OUTSIDE EMPLOYMENT OR ACTIVITIES

 

04.01   Employment

 

Employees shall complete a Request for Outside Employment or Activity Form and obtain written approval before beginning any outside employment as defined in Section 02.01.

 

a.    The approval authority is the employee’s division vice president. 

 

The request form will be routed directly to the employee’s department head. The department head will review the request for compliance, recommend approval or disapproval, specify justification for the recommendation, and route through the normal administrative levels to the division vice president.   

 

The division vice president will approve or disapprove the request, specify the justification for the decision, and route the request form back to the department head who will forward to the employee.

 

The division vice president’s decision is final unless the vice president submits the request to the president for a decision.

                         

b.    A copy of all approved forms must be routed to Human Resources from the vice president’s office and will be retained in the employee’s personnel file. For additional state employment, it is critical that these forms be routed promptly for coordination of pay and benefits.

                                         

c.       Reporting Requirements

 

1)    Faculty – Faculty are required to:

a)    report any outside employment prior to accepting any employment;

b)    report all outside employment annually (beginning September 1); and

c)    report any changes that may occur during the academic year (e.g., change in outside employment workload).

2)    Staff – Staff outside employment must only be reported once. However if the duties and responsibilities change significantly or there is a change in employer, the employee must resubmit for review and continued approval.

 

04.02  Activity

 

                        Other than the public service exception described below, activities for which the employee does not receive any compensation do not need to be reported unless the employee or supervisor believes there may be a conflict of interest or interference with the employee’s university duties and responsibilities.

 

Public Service Exception – Uncompensated activity, which includes serving in either an elected or appointed capacity, in any federal, state, or local government entity including governing bodies of school districts, cities, towns, or other local governmental districts, must be reported.

 

Any outside activity reported shall follow the same procedures outlined in Section 04.01.

 

05.       REVIEWERS OF THIS UPPS

 

05.01  Reviewers of this UPPS include the following:

 

Position                                                         Date

 

Assistant Vice President for Human        June 1 E4Y

Resources

 

Provost and Vice President for                  June 1 E4Y

Academic Affairs

 

Chair, Staff Council                                    June 1 E4Y

 

Chair, Faculty Senate                                 June 1 E4Y

 

06.       CERTIFICATION STATEMENT

 

This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

 

Assistant Vice President for Human Resources; senior reviewer of this UPPS

 

Vice President for Finance and Support Services

 

President