Policy Number: 409
Policy: Compensated/Uncompensated
Professional Activities Outside the University (Administrators & Other
Contract Professionals)
Date Adopted: 12/93
Revision Date:
Approved By: Robert A.
Duringer, Vice President for Administration & Finance
I. OBJECTIVE
The objective of this policy is to establish standards for the recognition
and administration of compensation for employment outside the University
for University administrators and contract professionals, consistent with
policies of the Montana University System and state law. The University
recognizes the potential value of making available to the community the
professional competence and technical knowledge of administrators and
other professionals through outside employment. At the same time, it is
presumed that The University of Montana - Missoula has priority on the
working time of a full-time administrator or other contract professional.
This does not, however, imply a seven-day workweek, or twenty-four-hour
daily obligation. Nor do job descriptions necessarily encompass all forms
of professional service an individual might perform.
Such employees have an obligation to perform assigned duties as well
as fulfill the responsibilities of their respective offices, consistent
with job descriptions and organizational expectations. In so doing it
is expected that the individual shall limit other compensated or uncompensated
professional activity so as not to impair his/her effectiveness or otherwise
interfere with professional responsibilities to the University. Outside
activities shall not involve a conflict of interest or possible interference
with objectivity in administration of delivery of services within the
job description or organizational expectations.
University policy (Payroll Policy 50.0) excludes Deans and Administrators
reporting directly to the President from receiving extra compensation
for performing services for the University in addition to those regularly
assigned. Therefore, it is desirable that this policy authorize and provide
for activities for compensation not sponsored by the University.
II. DEFINITIONS
When used in this policy, the following definitions apply:
- Administrators and other contract professionals means Deans, Directors
and all administrative personnel not covered by the MUS-UTU collective
bargaining agreement, who report to the President, Provost and Vice President
for Academic Affairs, Vice Presidents, or Dean of Students and who are
employed on a Board of Regents Professional Employment Contract.
- Compensated Activities Not Sponsored by the University means activity
for which any form of remuneration will be paid for services rendered.
Remuneration does not include payment for actual expenses. For purposes
of this policy, these activities include the following as examples, but
are not limited to those enumerated:
1.1 Teaching or performing professional service for any entity other
than the University.
1.2 Private consulting activities under a contract with any agency other
than the University for the direct delivery of services or advising.
1.3 Royalties, compensation for editorial work and compensation for other
like professional research or service activities.
1.4 Compensation in the form of honoraria or stipends for service on
a board of directors, or other like activity, except reimbursement for
or payment of actual, direct expenses.
1.5 Honoraria, fees, or other remuneration for conference participation
or presentation.
Uncompensated Professional Activity Not Sponsored by the University means
professional service or volunteer professional activity for which the
individual receives no compensation other than reimbursement for or payment
of actual, direct expenses.
Job Description or Organizational Expectations means the reasonable set
of professional responsibilities associated with or assigned to the position
of the individual within the University, which have been agreed upon with
and approved by the individual's supervisor.
III. POLICY
An administrator or other contract professional employee at The University
of Montana - Missoula may engage in compensated or uncompensated professional
activities that are not sponsored by the University subject to the following
terms and conditions.
Requirements:
- During his/her annual review, each University administrator or contract
professional shall advise his/her supervisor of any compensated professional
activities not sponsored by the University, in which he/she expects to
engage during the coming year. Prior approval from the supervisor shall
be obtained for any such compensated activity, if not discussed and approved
during annual review.
- Prior approval is not generally required for uncompensated volunteer
or community service professional activities, as defined above, where
no conflict of interest exists, provided however, that prior approval
must be obtained if such an activity is to be part of the individual's
regularly assigned duties, with expenses paid by the University and duties
performed during regular working hours.
- Academic administrators and other contract professionals engaging
in compensated activities not sponsored by the University shall take annual
leave if such activities will be performed during regular working hours
(Monday through Friday, except holidays), unless the activity is one of
those described in B.(2) 1.3 or 1.5. If the activity is one of those described
in B.(2) 1.3 or 1.5 and has substantial benefit to the University as well
as to the individual, the individual may be authorized to have travel
paid by the University and to attend during regular working hours without
taking annual leave. Determinations under this provision should be made
by the supervisor prior to the activity.
- University facilities and personnel may not be used for any compensated
professional activity not sponsored by the University, except the type
of activities described in B.(2) 1.3 and 1.5, which may also be conducted
within the individual's regularly assigned duties, or for advancement
in academic rank. An employee may use University supplies, facilities,
personnel, or services for activities described in B. (2) 1.3 or 1.5 only
with prior written approval and determination of appropriate reimbursement
by the appropriate Executive Officer.
- An administrator or contract professional engaging in compensated
professional activities not sponsored by the University shall inform his/her
client or outside employer that he/she is acting in a private capacity
and in no way represents the University or has authority to bind the University.
When acting in such a capacity, the administrator or contract professional
is not covered by the University's general professional liability insurance.
This policy shall not be interpreted as a waiver of defenses the University
might have for actions of administrators or contract professionals acting
in their private capacities, and these individuals shall hold the University
blameless with respect to activities not within the scope of their job
descriptions or organizational expectations.
- An administrator or contract professional engaging in either compensated
or uncompensated professional activity not sponsored by the University
shall avoid conflict of interest, as defined by Title 2, Chapter 2, Parts
1 and 2, Montana Code Annotated. Conflict of interest may be grounds for
discipline or discharge from the University position.
No Procedures Available
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