Adopted by President’s Cabinet 6/26/18
Revisions Adopted by President’s Cabinet 8/28/18
Revisions Adopted by President’s Cabinet 7/30/19; updated 8/16/22; 8/23/23
Policy Statement
As noted in state law, it is essential to the proper operation of government that public employees be independent and impartial and that public office not be used for private gain other than that allowed by law and that there be public confidence in the integrity of government. The purpose of this provision is to provide additional guidance to EGSC employees regarding the approval process for compensated outside activities and the disclosure of conflicts of interest.
Applicability
All EGSC employees are covered by and should be aware of this policy.
Conflicts of Interest and Apparent of Conflicts of Interest
Each East Georgia State College employee should make every reasonable effort to avoid actual or apparent conflicts of interest. An apparent conflict exists when a reasonable person would conclude from the circumstances that the employee’s ability to protect the public interest, or perform public duties, is compromised by a personal, financial, or business interest. An apparent conflict can exist even in the absence of a legal conflict of interest. EGSC employees are referred to the State Conflict of Interest Statutes O.C.G.A. § 45-10-20 through § 45-10-70, the EGSC Gifts and Gratuities Policy, and the EGSC Political Activities on Campus Policy.
Each employee has an ongoing responsibility to report and fully disclose any personal, professional, or financial interest, relationships, or activity that has the potential to create an actual or apparent conflict of interest with respect to the employee’s EGSC duties.
Conflicts of Interest – Research and Institutional
Proposed collaborations and funding agreements such as grant, gift, contract, or funding from the private sector or third parties must be reviewed through the EGSC grant vetting process for potential conflict of interest. Because all circumstances and conditions of the arrangement may not be known initially, all proposed collaborations and funding agreements must be vetted using the Initial Grant Vetting and Review Form and reviewed again with the submission of the Grant Proposal Internal Review Form for Final Approval located in MYEGSC forms. Proposed relationships and agreements must not undermine the public’s trust, compromise the integrity of the USG or EGSC mission, or inappropriately influence teaching, research and service activities. Final approval at each stage requires the proposal reviews and signatures of the Associate Vice President for Academic Affairs, the Vice President for Business Affairs, the Provost and Vice President for Academic and Student Affairs, and the President.
Conflicts of Commitment
An EGSC employee shall not engage in any occupation, pursuit, or endeavor that will interfere with the regular and punctual discharge of that employee’s official duties.
Outside Activities: Approval Process
All employees are encouraged to participate in professional activities; however, those activities must be consistent with the mission of EGSC and the USG. Each employee with a work commitment of 30 hours or more per week and faculty members on contracts of nine months or more must obtain written approval from the President or President’s designee prior to engaging in compensated outside activities that relate to the employee’s expertise or responsibilities at EGSC. Such activities include consulting, teaching, speaking, and participating in business, professional, or service enterprises. Political activities, including managing campaigns and holding elective or appointed office, are covered under the EGSC Political Activities on Campus Policy. However, employees must request and receive prior permission from the President to engage in campaign management and the holding of elective or appointed political office using the EGSC Permission for Outside Activity form. Where the employee is a direct report of the President, the President’s approval authority cannot be delegated.
EGSC employees with a work commitment of less than 30 hours per week and faculty members on a contract term of less than nine months a year do not need written approval in advance of engaging in compensated outside activities so long as the outside activity does not create a conflict of interest or otherwise violate Board of Regents policy.
Prior to requesting permission from the President, the employee and his or her supervisor will review and assess actual conflicts of interests and appearance of conflicts of interest concerning the proposed outside activity and, if necessary, present a plan for managing such conflicts. If the proposed outside activity is to occur simultaneously with faculty and staff work hours and/or institutional resources are proposed to be used for such work, faculty and staff must present a plan for submission and approval of annual leave requests and reimbursing the institution for use of the institution’s personnel, facilities, equipment and/or materials consistent with rates charged to outside groups or persons.
Permission forms for Vice Presidents and Direct Report to President:
https://www.usg.edu/assets/organizational_effectiveness/documents/Direct_Reports.pdf
Permission forms for all other employees:
The Permission for Outside Activity form (see link above) must be completed, signed by the employee and the employee’s immediate supervisor, and submitted to the President or designee for approval. The employee must clearly indicate the nature, scope, and duration of the outside activity.
Required Leave and Honoraria
Except as authorized for eligible faculty employees, annual leave must be used by employees for outside activities during normal work hours consistent with the USG procedures governing the use of leave. Faculty seeking approval must indicate the time they plan to consult during regular work hours, if any. For nine-month faculty, the maximum is one day per week. Twelve-month faculty assigned to administrative positions must take annual leave when engaged in consulting during their normal work hours consistent with the USG procedures governing use of annual leave.
Honoraria are defined as any payments given for professional or voluntary services that are rendered nominally or without charge, and any payments in recognition of these services typically forbids a price to be set. Non-faculty employees may not receive Honoraria for activities during the employee’s work hours.
Consulting for USG Vendors
Employees are generally prohibited from consulting with or otherwise receiving compensation from a current vendor of, or an entity seeking a vendor relationship with, EGSC. Exceptions to this provision may be granted by the President for employees that do not supervise, regularly interact with, or participate in the selection of vendors of EGSC. This prohibition does not apply to vendor or service relationships between USG and other government entities.
Faculty Consulting Guidelines
Recognizing that teaching, research and public service are the primary responsibilities of faculty members, it is reasonable and desirable for faculty members to engage in additional activity beyond duties assigned by the institution which are professional in nature and based on the appropriate discipline for which the individual receives additional compensation during the contract year. Faculty contemplating compensated outside activities must seek approval using the process described above and the Permission for Outside Activity form. The below definitions are provided as guidance.
Definitions
Compensation is any payment, deferred payment, equity, or deferred equity provided in exchange for the expectation that the faculty member will perform work or services for the benefit of the outside payer. Compensation does not include standard Honoraria.
Faculty Primary Responsibilities are teaching, research, clinical practice, service, administrative duties, and other appropriate duties assigned by the institution to the faculty member.
Faculty Secondary Responsibilities are professional activities or affiliations traditionally undertaken by faculty outside of the immediate institution employment context but where the faculty member represents the institution and his or her affiliation to it. Secondary responsibilities may or may not entail the receipt of Honoraria, remuneration, or the reimbursement of expenses.
Outside Consulting is any activity for Compensation other than Primary Responsibilities or Secondary Responsibilities that a faculty member may engage in that, (1) is based upon professional knowledge, experience, and abilities of the faculty member that relate to the faculty member’s expertise or responsibilities as a USG faculty member, and (2) is performed for any business, self-employment, or public or private entity other than his or her institution.
Faculty is defined by Board of Regents Policy 3.2 as the corps of instruction and administrative officers and includes full-time research and extension personnel and duly certified librarians with comparable training.
Annual Disclosure
In June of each year, the President’s Office will send to all employees a reminder of their responsibility to annually disclose outside activities on the required form no later than the first day of fall semester. Employees are obligated to disclose and seek prior approval for activities covered under this policy that arise during the year. Copies of all Permission for Outside Activity Forms submitted will be retained in the President’s Office and Office of Human Resources
Violations
Violations of this policy may result in disciplinary action up to and including termination of employment.
