Policies & Regulations
Human Resources


Conflicts of Interest and Outside Employment / Activity
Number: 4.0170R
Checked

New Regulation

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Major Revision of Existing Regulation

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Minor/Technical Revision of Existing Regulation

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Reaffirmation of Existing Regulation

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Repealed Regulation

Effective Date: 2/1/2006
Revised Date:
Responsible Division/Department:
Administration & Finance / Human Resources


 I. OBJECTIVE & PURPOSE


The purpose of this regulation is to establish a uniform process for the employees of the University as it pertains to conflict of interest through outside employment and/or activity.

II. STATEMENT OF REGULATION

A. Overview

1) Employees are required to be aware of their obligations and responsibilities as public employees of the University. If an employee has concerns as to what may constitute a conflict of interest, s/he should consult with his/her supervisor.

2) Nothing in this regulation is intended to discourage an employee from engaging in outside activity in order to increase his/her professional reputation, service to the community, or income, subject to the conditions stated in this regulation.

B. Definitions:

1) For purposes of this policy, employee is defined as non-unit Faculty, Administrative, and Support employees in budgeted positions.

2) Outside Employment means any employment, private practice, private consulting, or service which may eventually be compensated, either directly or indirectly.

3) Outside activity includes activities that are uncompensated or compensated and may include service on boards or commissions, or any other activity, which is not part of the employee’s University duties and for which the University does not provide compensation.

4) “Compensation” includes any type of remuneration or benefit received for services performed by the University employee during the outside activity.

C. Requirements

The duties and responsibilities of an employee’s position held at the University are considered the primary employment; therefore, an employee must secure prior written approval as outlined below before engaging in employment with an employer other than the University.

1) Administrative Employee Obligations:

a. Employee must complete the Outside Employment/Activity Form found on the Office of Human Resources website: www.unf.edu/dept/humanres.

b. The form must be approved by the appropriate vice president or designee and the Vice President for Human Resources. Any request to teach at another institution must also be approved by the Provost and Vice President of Academic Affairs or designee.

c. The approved form will be maintained in the employee’s personnel file.

d. A new form must be completed each July 1 and shall cover the specified employment for the entire fiscal year, however, if the nature of the employment changes or additional subsequent employment is pending, a new form must be completed.

2) Non-unit Faculty Employee Obligations:

a. Employee must complete the Outside Employment/Activity Form found on the Office of Human Resources website: www.unf.edu/dept/humanres.

b. The form must be approved by the immediate supervisor and the Provost or designee.

c. The approved form will be maintained in the employee’s personnel file, with a copy in Academic Affairs and a copy in the employee’s College.

d. A new form must be completed each July 1 and shall cover the specified employment for the entire fiscal year, however, if the nature of the employment changes or additional subsequent employment is pending, a new form must be completed.

3) Support Staff Employee Obligations:

a. Employee must complete the Outside Employment/Activity Form found on the Office of Human Resources website: www.unf.edu/dept/humanres.

b. The form must be approved by the appropriate department head and the Vice President for Human Resources.

c. The approved form will be maintained in the employee’s personnel file.

d. A new form must be completed each July 1 and shall cover the specified employment for the entire fiscal year, however, if the nature of the employment changes or additional subsequent employment is pending, a new form must be completed.

D. Use of University Resources

An employee who wishes to engage in any outside activity making use of facilities, equipment, services or employees of the University in connection with such outside activity must obtain prior written approval of the appropriate University official.

E. Outside Activities

1) An employee engaging in outside activity must take reasonable measures to ensure that the public, the outside employer or other recipient of services understands that the employee is engaging in such outside activity as a private citizen and not as an employee, agent, or spokesperson of the University.

2) If an employee engages in any outside activity that is uncompensated, the employee must disclose the existence of this activity if it is reasonable to believe that there is or may be a conflict with the employee’s duties as a University employee.

3) Any employee who intends to engage in any outside activity that is compensated or that may be compensated in the future must advise his/her supervisor in writing of their intent to engage in the outside activity prior to beginning the activity.

4) If the employee fails to discuss the outside activity in advance of its inception, the employee may be subject to discipline. Further, if the outside activity presents a potential conflict of interest with the employee’s University job duties, the outside activity may be disallowed.

5) The reporting provisions will not apply to activities performed wholly during a period in which the employee has no appointment with the University.

6) The supervisor or other appropriate University official will assure that approval for the outside activity is granted only when a conflict under this Policy will not occur. The employee will be notified if it is believed that a conflict of interest will result from a proposed outside activity, and the request may be denied.

F. Intellectual Property

1) The Provost and Vice President for Academic Affairs is responsible for all intellectual property, inventions and works developed by University employees and administers protection of any intellectual property, inventions or works, and any copyright, patent or licensing interests of the University.

2) An employee who proposes to engage in outside employment that may lead to the development of some invention or work in which the University may have or claim an interest must furnish a copy of this Policy indicating that the University may have a claim of ownership to the invention or work and any other applicable governing documents to the outside employer or entity either at the time negotiations for other employment is occurring, or if there is no written agreement, before the employment begins.

3) Any requirement(s) that an employee who is engaged in an outside activity must waive the employee’s or University’s rights or interests to any inventions or works, which may be developed during the course of such outside employment, must be approved by the Provost and Vice President for Academic Affairs.

4) Any agreement by the Provost and Vice President for Academic Affairs to assign or release any invention or work, including patent rights, to an employee must include that such invention or work, if patented by the employee, must be available royalty-free for governmental purposes of the State of Florida, unless otherwise agreed in writing by the University.

G. Appeals

1) If an employee believes that a request to engage in outside employment or activity has been unduly denied, a written letter of appeal may be sent to the Office of the President outlining the concern, within ten (10) days of the notification of denial.

2) The University President will review the matter and will notify the employee within ten (10) days of receipt of the letter of appeal.

3) The decision of the Office of the President shall be final regarding an employee participating in outside employment or activity.

References: 1001.74, FS.; 1001.75, FS. and relevant Collective Bargaining Agreements
History: NEW 2-1-06; Repealed 6C9-4
Adopted by the University of North Florida Board of Trustees as part of the University’s Personnel Program on January 26, 2006.
Formerly 4.010