Section 5 - Conditions of Employment
Policy Number: 5.3 - OUTSIDE EMPLOYMENT, DUAL EMPLOYMENT AND OTHER ACTIVITIES
SCOPE: FACULTY AND STAFF Issued: 4/1/00
Reviewed/Revised: 4/1/05; 8/18/11; 8127/13; 06/18/2020
1. Policy: Lamar University recognizes the common practice of full-time faculty and staff members to hold some form of outside employment or position due to needs, interest, or development. However, dual employment interests, and activities must not interfere or conflict with the full-time faculty or staff member's position with the University.
2. Approval: Prior administrative approval from the Vice President is required for all staff employees and for full-time faculty members. Outside employment, whether compensated or not, must be reported to the department official who has the responsibility for determining whether or not the outside employment interferes or conflicts with the faculty or staff member's position with the University (i.e., Department Chairperson, Director, or Dean, unless otherwise directed by the Vice President or the President). Should it be determined that a conflict exists, the full-time faculty or staff member may not accept or continue the outside employment or position. In such cases, if a full-time faculty or staff member accepts the other employment anyway or does not resign the other employment voluntarily, the department official may recommend other action, including discharge, to insure that University duties are performed properly.
Full-time faculty and staff members must complete an authorization for outside employment and submit this through the chain of command to the Vice President.
Prior administrative approval is required for a full-time faculty or staff member to hold elective or other non-elective offices or positions of honor, trust, or profit with any government entity (see sections 4.2 and 4.3 below).1 In such cases, the President is authorized by the Board of Regents to find and determine whether such employment or position held or sought by any full-time faculty or staff member would be in conflict with the individual's position with the University.
3. Guidelines: All dual employment by any full-time faculty or staff member of Lamar University is prohibited unless it meets the following guidelines:
3.1 That it does not interfere with the regular work of the employee;
3.2 That it involves only a reasonable amount of time, involvement, and duration;
3.3 That it avoids competition with legitimate private enterprises;
3.4 That it does not bring the employee into antagonism with the interests of the State of Texas, or the goals of the University;
3.5 That the official capacity or connection of the employee is not used in connection with such outside employment;
3.6 That is does not conflict with any law or constitutional provision, nor possess a reasonable potential for such a conflict.
4. General:
4.1 Other employment and activities for a full-time faculty and staff member that are directly related to the professional activities of the individual and contribute to the general welfare of the University are permissible provided such employment meets the guidelines in item 3 above. Such consulting, professional performance, and other outside employment and activities by a full-time faculty member should contribute to his/her performance as a teacher and as a productive scholar, and should contribute to the individual's and the University's obligation of public service.
4.2 Full-time faculty or staff members may hold other non-elective offices or positions of honor, trust, or profit with any government entity subject to prior administrative approval by the President.
4.3 Full-time faculty or staff members may serve as members of the governing bodies of school districts, cities, towns, or other governmental districts; provided, however, that they receive no compensation for serving as members of such governing bodies, subject to prior administrative approval by the President.
4.4 The use of University equipment or facilities in connection with outside employment or any private activities, by faculty or staff, is prohibited except in cases where such use is clearly justified and is approved in writing by the President through normal administrative channels.
5. Dual Employment with the State: The Texas Constitution places limits on persons holding more than one civil office of employment at the same time. A non-elected employee of the State of Texas may hold more than one position if the positions are of benefit to the state and there is no conflict. Employees seeking to hold more than one position must inform each agency of their dual employment status. The agencies must rule whether such dual employment is allowable. Dual employment within the University or with another State agency or institution must be reported through the chain of command to the appropriate Vice President for approval and to the Office of Human Resources by the faculty or staff member so that steps may be taken to maintain personnel and leave records in compliance with the following provisions.
5.1 Complete, separate leave records will be maintained for each employment;
5.2 State service credit will accrue as if the employee had a single position;
5.3 Leave balances do not transfer upon termination of one position;
5.4 An employee with two part-time jobs may quit both, transfer to a new full-time position with another employer, and take his or her existing leave balances to the new position;
5.5 The employee must notify the institution prior to accepting a second position;
6. Dual Employment with the University: When it is beneficial to the University, qualified exempt staff employees may be assigned teaching duties in addition to their regular assignment. Should these additional duties be assigned during the regular workday (8:00 am to 5:00 pm) approval to adjust the regular work schedule must be obtained through the chain of command up through the area Vice President.
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References:
Texas Government Code, §667.001 et seq.
Ibid, §659.041
Texas Government Code, §411.0077
Opinion, Texas Attorney General, No. JM-93(1983), No. 96-109 (1996)
Texas Government Code §2252.901
