02-3 Consulting By Executive Officers

1.0  Purpose

1.1     On January 14, 1983 the Board of Governors approved the Statute on Consulting by Executive Officers (Official Proceedings, 27:3772).  This university policy implements that statute.

2.0  Definitions

2.1     The Statute defined executive officers as vice presidents, deans, associate deans, secretary to the Board of Governors, and directors.

2.2     Consulting is defined as:  a) activity for which a person is remunerated in cash, goods, services, or otherwise, or b) activity, whether or not involving remuneration, on behalf of any person or organization other than the University which occurs during ordinary University business hours except where such activity is part of the assigned duties of an executive officer.

2.3     The business week is defined as Monday through Friday, except on days when the University is closed.

2.4     The statute limits consulting to one day (eight hours) in any business week and a total of 18 days per year.

3.0  Additional Officers Covered by Statute

3.1     The statute authorizes the president to extend the list of persons covered by the statute.  The following officers are hereby added to the group of officers defined in Section 2.1 who are subject to the terms of the statute:  assistant to the president, associate vice presidents (including associate provosts), assistant vice presidents (including assistant provosts), assistants to vice presidents, University attorneys, deputy deans, assistant deans, assistants to deans, associate directors, assistant directors, ombudsperson, and general manager.

4.0  Performance of Duties

4.1     The statute provides that consulting shall not adversely affect or diminish the performance of an executive officer’s duties.

5.0  Conflict of Interest

5.1     Consulting must entail no conflict of interest under state law, University regulation, or the generally understood definition of that term.

6.0  Use of University Resources

6.1     The statute provides that an officer shall not, without reimbursement to the University, utilize University resources in consulting activities to an extent exceeding that which normally could be made available to the general public.

7.0  Limitations on Consulting Activities by Executive Officers

7.1     The statute limits consulting to one day in any business week and a total of 18 days per calendar year.

7.2     Exceptions to the limitations in Section 7.1 may be made when the University is the primary beneficiary of the consulting.

7.3     Exceptions to the limitations in Section 7.1 may be made in the case of professional services which carry only a nominal stipend and meet the other purposes and requirements of the statute.  Such professional services include but are not limited to, lectures and other public appearances, service on accreditation and program review teams, site visits, and membership on foundation and public agency boards or grant review panels, and similar nominally compensated activities.

7.4     Exceptions to the limitations in Section 7.1 may be made when an officer engages in activity under a University-approved practice plan.

7.5      All exceptions require reporting and advance approval, but they are not subject to the one-day-per-week limit or the 18-day annual limit.

8.0  Reporting and Approval

8.1     Prior to engaging in consulting activity, an officer shall obtain approval and shall report the extent of his/her activity.

The attached form has been approved for review and approval of proposed consulting activity. The form should be filed in advance of any consulting activity; and no consulting activity should be undertaken without approval by the designated officer.

8.2     Once each year, on the second Monday in January beginning January 2003, officers shall file, with the Secretary of the University, a summary report of the scope and extent of their consulting activity during the prior calendar year.

9.0  Delegation of Authority

9.1     Pursuant to the authority delegated to the President as chief executive officer by Section 2.2 of the By-Laws of the Board of Governors, I hereby delegate authority to each vice president of the University to approve and receive reports of consulting activity for officers within their respective divisions of the University.

As president, I retain the authority to review for approval proposed consulting activity by the executive officers of the university, including all vice presidents and the secretary of the university.

10.0      Duration

10.1    This delegation is revocable by the president at any time and without notice.

11.0      Effective Date

11.1    This university policy is effective upon issuance.

11.2    Executive Order 84-7 is hereby revoked.


02-3  Consulting by Executive Officers - Attachment


Signed by President Irvin D. Reid April 30, 2002