Revised: 11/30/2011

Additional State Employment and Outside UPPS No. 04.04.06

Employment and Activities* Issue No. 6

Effective Date: 09/22/2010

Review: June 1 E4Y*

01. POLICY STATEMENTS

01.01 This UPPS establishes the policies and procedures for individuals to have concurrent employment or participate in certain activities outside Texas State University-San Marcos.

01.02 Texas State recognizes the common practice of faculty and staff employees to hold more than one employment or position due to needs, interests, or development. However, employment or participation in activities outside the university is secondary to the employee's university duties and responsibilities and must not create a conflict of interest or interfere with the employee’s university duties and responsibilities.

01.03 Except as provided by this UPPS or public law, the president has the authority to disapprove any outside employment or activity that creates a conflict of interest or interferes with the employee’s university duties and responsibilities.

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

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 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.

02.03 Public employment or activity – Any outside employment or activity as defined in Sections 02.01 and 02.02 performed for a state agency or institution of higher education, or holding public office with a local, state or federal government organization.

02.04 Private employment or activity – Any outside employment or activity as defined in Sections 02.01 and 02.02 performed for an entity that is not covered in Section 02.03 of this policy.

02.05 Conflict of interest – Any outside employment or activity, as determined by the 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, and Chapter V, Sections 4.83 and Chapter VII of The Texas State University System Regents’ Rules.

03. PROCEDURES FOR OUTSIDE EMPLOYMENT OR ACTIVITY

03.01 Unless otherwise specified, the president has delegated the authority to approve and disapprove requests for participation in outside employment or activity to the vice presidents.

03.02 Private employment or activity – University employees may engage in private outside employment or activity provided it does not create a conflict of interest or interfere with the employee’s university duties and responsibilities.

a. The employee is not required to submit outside private employment or activities for approval unless (1) the employee feels it may create a conflict of interest with the employee’s university duties and responsibilities or (2) the employee’s vice president believes it may conflict with the employee’s university duties and responsibilities. However, the employee must inform their supervisor consistent with Section 667.007, Texas Government Code.

b. If conditions (1) or (2) in subsection a. above arise, the employee must complete a Request for Private Employment or Activity form.

03.03 Public employment or activity – University employees may engage in public outside employment or activity as provided in this subsection below if it does not create a conflict of interest or interfere with the employee’s university duties and responsibilities.

a. Non-Elective public office – University employees may hold non-elective public offices with boards, commissions, and other federal, state, or local political subdivision provided that the holding of such office is of benefit to the State of Texas and does not conflict with the employee’s university duties and responsibilities. The employee’s divisional vice president must approve the appointment using the Request for Non-Elective Public Office form.

b. Elective public office – University employees may run for election and serve as members of the governing bodies of school districts, cities, towns, or other local government districts if they receive no salary for serving as members of these bodies, and if their holding of such office does not conflict with their university duties and responsibilities. The employee may not conduct campaign activities during official business hours unless granted permission to use leave time for such a purpose. Prior to seeking election, the employee should consult his or her supervisor about how to fulfill assigned university duties and responsibilities both during an election campaign and if elected.

c. State of Texas Additional Employment

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

2) The employee’s agency or institution will inform the employee that:

(a) Each employment requires maintenance of separate leave records.

(b) 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.

(c) Upon termination of one employment, he or she may not transfer leave balances accrued under one employment to the remaining employment.

(d) 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.

(e) 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.

(f) The employee will receive state longevity payment for no more than one employment.

(g) Overtime compensation will accrue to each employment independent of the other except in those instances in which the 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 forty 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.

3) Employees and prospective employees must complete a Request for Other State of Texas Employment and an Additional State of Texas Employment Acknowledgement form.

d. Employment with System Components – The Texas State University System may establish policies defining a person's employment within components.

04. REVIEWERS OF THIS UPPS

04.01 Reviewers of this UPPS include the following:

Position Date

Director, Human Resources June 1 E4Y*

Provost and VPAA June 1 E4Y*

Chair, Staff Council June 1 E4Y*

Chair, Faculty Senate June 1 E4Y*

05. 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.

Director, Human Resources; senior reviewer of this UPPS

Vice President for Finance and Support Services

President