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Handbook of Operating Procedures
Chapter 4 - Personnel General
Publication Date: April 8, 1999
Responsible Executive: VP for Business Affairs

4.05 Outside Employment of UTSA Employees and the Appointment of Employees of Other Texas State Agencies and Public Education Institutions to Positions at UTSA

All faculty and staff should be familiar with the Rules and Regulations of the Board of Regents that govern outside employment. These Rules and Regulations (Part One, Chapter III, Section 13) read as follows:

13.1 Members of the faculty or staff of component institutions should not be discouraged from accepting appointments of a consultative or advisory capacity with governmental agencies, industry, or other educational institutions. The consideration to the System of such activity is the improvement of the individual by virtue of his or her continuing contact with nonacademic problems in the nonacademic world.

13.2 Members of the faculty or staff should be discouraged from accepting regular employment with units outside the System because this action would be divisive of loyalties and does not provide the return to the institutions indicated in 13.1.

13.3 Conflict of interest should be avoided in all instances of outside employment, but conflict of interest in an academic institution means outside activity which intrudes upon the academic functions of teaching, scholarly activities, and service to the institution.

13.4 Even in the case of members of the staff specifically engaged only in residence work, there exists an obligation, usually intermittent, to furnish expert knowledge and counsel for public benefit free of charge, provided that the meeting of this obligation by a faculty or staff member does not interfere with his or her regular duties, and provided further that in meeting this obligation a faculty or staff member on full-time duty shall avoid undue competition with legitimate private agencies.

13.5 No member of the faculty or staff engaged in outside remunerative activities shall use in connection therewith the official stationery of the System or any of its component institutions, or give as a business address any building or department of the institution.

13.6 No member of the faculty or staff shall accept employment or any position of responsibility if the discharge of such employment or responsibility will be antagonistic to the interests of the State of Texas or the System or any of its component institutions.

13.7 Every member of the faculty or staff who gives professional opinions must protect the System and its component institutions against the use of such opinions for advertising purposes. If the employee does work in a private capacity, the employee must make it clear to those who employ him or her that the work is unofficial and that the name of the System and its component institutions is not in any way to be connected with the employee's name, except when used to identify the employee as the author of work related to the employee's academic or research area as more fully described in Part Two, Chapter XII, Section 2, Subsection 2.3 of the Regents' Rules and Regulations.

13.8 No member of the faculty or staff shall accept pay from private persons or corporations for tests, assays, chemical analyses, bacteriological examinations, or other such work of a routine character, which involve the use of property owned by the System or its component institutions, unless advance permission has been obtained from the chief administrative officer and provision has been made for compensation to the System or its component institutions.

13.9 No member of the full-time staff of the System on a twelve-month or nine-month basis shall be employed in any outside work or activity or receive from an outside source a regular retainer fee or salary until a description of the nature and extent of the employment has been filed with and approved by appropriate administrative officials as set forth in the institutional Handbook of Operating Procedures of each component institution. For special provisions relating to other state or federal employment, see Subsections 13.(10), 13.(11), and 13.(12) of this Section.

13.10 Subject to the other provisions of this Section, a member of the faculty or staff may hold other nonelective offices or positions of honor, trust, or profit with the State of Texas or the United States if holding the other offices or positions is of benefit to the State of Texas or is required by state or federal law, and if there is no conflict between holding the office or position and holding the original office or position for which the member of the faculty or staff receives salary or compensation.

13.11 Before a member of the faculty or staff may accept an offer to serve in other nonelective offices or positions of honor, trust, or profit with the State of Texas or the United States, the member of the faculty or staff must obtain from the appropriate administrative officials and the Board a finding via the docket that the requirements of this Section have been fulfilled, including the expected additional compensation to be received from such service.

13.12 The chief administrative officer must keep a record of compensation received from additional state or federal employment, or both, including specifically: salary, bonuses, and per diem or other type of compensation.

  1. Outside Employment, Consulting and Other Professional Activities

    1. Members of the full-time staff and faculty at UTSA on a twelve month or nine month basis who are employed in any outside work or activity or receive from an outside source a regular retainer fee or salary must file a description of the nature and extent of the employment with the appropriate UTSA administrative officials and the Vice President for Business Affairs for the President.

    2. During the period of full-time employment with UTSA, members of the faculty and professional staff may engage in outside employment so long as it does not reduce the full-time obligation to the university. The outside employment is considered an overload and must not exceed 20 percent of the full-time obligation. Faculty and staff may not receive grant funds directly nor enter into contracts that conflict with the individual's obligations to the university.

    3. In reference to Regents' Rules and Regulations 13.(10)-13.(11) cited above, prior to accepting any nonelective state or federal office or position, a request form must be completed in duplicate and forwarded to the Vice President for Business Affairs for final approval. Forms are available in the Human Resources Office.

    4. In an effort to meet the requirement set forth in 13.(12), each faculty or professional staff member who receives compensation from additional state or federal employment is required to report these earnings on the request form. Forms are available in the Human Resources Office.

    5. Prior to beginning employment with another state agency or public higher educational institution in Texas, UTSA employees must inform the director of their employing unit of their intent. The Human Resources Office should also be informed of such employment as far in advance as possible in order to assist in the coordination of benefits. The UT System is considered to be one employer. The total percent time for which an individual may be appointed at one or more UT component institutions may not exceed 100%.

  2. Appointment of Employees of Other Texas State Agencies and Public Educational Institutions to a Position at UTSA

    1. Individuals employed by another Texas State Agency or public educational institution may be appointed to a nontenure-track teaching position or a staff position at The University of Texas at San Antonio under the following provisions.

    2. Before accepting an appointment, any persons subject to this policy must provide in writing to the director of the UTSA employing unit, the following information:

      1. the name of the other agency or educational institution at which currently employed.

      2. the name of the administrative officer or supervisor who is familiar with the individual's duties and the details of his/her employment with that agency or institution.

      3. the present annual compensation and percent time employed at that agency or institution.

      4. a statement by the individual indicating that the agency or institution is aware that he or she is being considered for a paid appointment at UTSA and that no conflict of interest exists where they are concerned.

    3. The above information must be forwarded with the appointing Personnel Action Form to the UTSA Human Resources Office. In accordance with existing State regulations, the coordination of benefits between UTSA and another agency or institution will be handled by the Human Resources Office. Any subsequent change in employment status should be promptly reported by the individual. Under no circumstances will such appointments at UTSA exceed 50% time (two-course teaching load) in a teaching position regardless of the percent time appointed by the primary employing agency or institution.