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430 Dual Employment/Outside Employment & Extra Service Compensation
430.01 Restriction on Outside Employment
- Each employee should be aware of the policy with respect to non-College employment during the term of one's professional obligation to the College.
- Article XI (Appointment of Employees), Title H (Appointment Year) of the Policies of the Board of Trustees of State University of New York provides specifically with respect to non-University employment that "No employee may engage in other employment which interferes with the performance of the employee's professional obligation." Conflicts of interest as well as time are implied in this prohibition.
- The determination of the professional obligation of the academic and other professional employees of the College is made by the President of the College.
- In no case may a full-time professional employee of the College hold another full-time position of employment. No faculty member may be given or retain continuing appointment at the College if that faculty member holds tenure at another institution unless a special, written exception is granted by the President of the College.
430.02 Consulting Limited
- With prior written permission of the vice president concerned, academic and other professional employees who meet their professional obligation to the College may ordinarily accept consulting assignments elsewhere up to a limit of one day per week or a maximum of four days per month. Beyond this limit, staff members ordinarily are required to take corresponding leaves of absence without pay for any period of their professional obligation when they serve elsewhere.
- As it regards the relationship between professional obligation and non-College employment and in the interest of continuity of professional obligation and limitation of the possibility of later inconvenience or misunderstanding on behalf of either the College or the individual faculty or professional staff member, it is the policy of the State University of New York College at Brockport that agreement to accept or otherwise undertake other employment than that which is undertaken as a direct consequence of the employee's assigned duties and responsibilities as required by the College during the term of the employee's professional obligation, must be authorized in advance. Each employee shall advise the President of the College of the nature and extent of his/her non-College employment obligation prior to accepting such employment during the term of professional obligation to the College.
- In those cases where a serious question is raised concerning the ability of the employee to maintain a proposed level of non-College employment consistent with performance of his/her professional obligation to the College, further clarification and discussion of both the nature and extent of the outside employment obligation and the professional obligation to the College would be encouraged between all concerned parties. The object of such clarification and discussions would be resolution of the matter consistent, where possible, with professional obligation to the College as well as the outside employment interest of the employee. At a minimum, utilization of this process will permit the timely identification and clarification of problem areas so that employees may make an informed judgment with respect to their continued ability to meet their professional obligation at the College prior to undertaking a non-College employment obligation.
430.03 Extra-Service Compensation
You may also visit, Extra Service Compensation Policies, for condensed policy.
Questions arise from time to time regarding "extra service" for both professional staff and teaching faculty. Instructional faculty, whose time obligations are much more fluid and whose professional obligations include a mix of assignments (e.g., teaching, research, committee work, and other service), in particular, have many questions relating to compensation for "extra service."
The following local campus guidelines are intended to implement and extend SUNY policies on extra service. (The underlined parts in par. 1-5 are taken from the 12/23/86 guidelines from SUNY Provost; in par. 10 from Research Foundation Communiqué 2/1/85.)
- SUNY policy defines "extra service" for academic and professional staff as either:
- Work performed by academic and professional staff in a payroll agency other than the payroll agency to which the employee is regularly assigned. (A campus is a payroll agency, an individual academic unit is not.)
- Special assignments performed by academic and professional staff at their own campus that are substantially different from or in addition to an individual's professional responsibilities. (Such assignments may involve but are not limited to teaching, research, and public service.)
- These special assignments must not interfere with the individual's regular professional responsibilities. It must be clearly demonstrated that such research or other service exceeds that which is normally performed under the regular obligation, and that it would not be possible to change the employee's professional obligation to include such special assignment.
- Extra-service compensation is not to be used in lieu of overtime for a professional employee deemed eligible under the Fair Labor Standards Act.
- Management/Confidential staff holding continuing academic appointments may occasionally wish to teach after normal working hours as an extension of their professional responsibilities. Such teaching will normally not be considered "extra service" for the purpose of additional compensation. Extra service for M/C employees requires approval of both the President at the campus where the M/C employee is regularly assigned, and the Chancellor or his designee.
- Compensation for extra service may not exceed an amount equal to 20 percent of base salary in any academic or calendar year beginning July 1 or September 1, as appropriate. (This does not include summer employment that is performed outside of the normal nine-month academic year obligation and that is covered in provision #6 below.)
- For nine-month academic staff, services with compensation not to exceed 33 percent of base salary (11%/month) may be performed during the summer. Summer session teaching compensation and professional obligations are spelled out in the normal summer session contract. Other summer assignments and compensation supported either by College, Research Foundation, or College Foundation funds may be negotiated and must have the prior written approval of a dean, where appropriate, and the Vice President for Academic Affairs.
- At SUNY College at Brockport, a course may be considered beyond the usual professional
responsibilities and thus "extra service" for the teaching faculty when it is:
- Clearly beyond the professional obligation ("...teaching, research, University service, and other duties and responsibilities required..." Policies of the Board of Trustees, XI.H.2) that would otherwise have been assigned to the individual faculty member in his/her department and faculty.For the professional or management/confidential staff, a course may be considered beyond the normal professional responsibility and thus "extra service" when it is:
- Performed entirely outside of their normal working day and performed with the departmental approval normally accorded to part-time or adjunct teaching appointments.
- Has the prior written approval of the appropriate vice president or, in the case of management/confidential staff, of both the President and the Chancellor.
- Activities that are part of the normal professional obligation and for which an academic employee may be evaluated under the provisions of Article XII, Section 4 of the Trustees Policies (e.g., "scholarly ability -- as demonstrated by such things as success in developing and carrying out significant research work in the subject matter field, contribution to the arts, publications, and reputation among colleagues") and that are undertaken during the nine-month academic year obligation should not normally be construed as "extra service." External financial sponsorship of such activities might be used to pay for release time or for the direct or indirect costs of the activity but should not normally lead to extra compensation of the nine-month academic year obligation.
- Activities that are not part of the normal academic year professional obligation and that would not normally be part of an individual's evaluative file (including but not limited to conducting special training programs, performing special analytical or evaluative tasks, or preparing manuals or other textual material not intended for classroom use or for scholarly or commercial publication) may lead either to an adjustment in the professional obligation or, where that is not possible, to extra-service compensation consistent with SUNY policies. Any extra-service compensation must be clearly provided for in the external grant or contract and specifically approved by the sponsor in writing and must be approved in advance by the department chair, dean, and Vice President for Academic Affairs.
- Payment to academic and professional employees of both SUNY and the Research Foundation
for services performed as a consultant is permitted provided that:
- Such services are performed across department or unit lines.
- The work performed is in addition to the employee's normal obligation.
- Such engagement is specifically approved in writing when required by the sponsor.
- Specific, part-time, administrative duties assigned to, and voluntarily assumed by, instructional faculty during the course of the academic year should be compensated normally not to exceed the prevailing stipend for department chairs. No extra-service compensation will be approved unless there is prior written approval of the appropriate dean and the Academic Provost & Vice President.
- For non-teaching professionals and M/C’s who teach, please visit: Extra Service for Professionals & M/C who Teach for the current policy.
430.04 Procedures for Approval
For procedures on appropriate form use, obtaining approval, and forwarding necessary forms to the office of Human Resources, visit:
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