EWU 401-02: Additional or Outside Employment

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Personnel – General Provisions

Purpose:  This policy establishes standards for university employees engaged in or seeking to engage in employment beyond their regular position with the university.

History:  This policy supersedes UGS Policy 590-060-040, Compensation Policy for Additional or Outside Employment and incorporates material previously contained in EWU Policy 901-01, Ethical Standards.  It was adopted by the EWU Board of Trustees (BOT) on January 27, 2012.

Applicability:  This policy pertains to all officers and employees of Eastern Washington University, including student and non-student temporary employees.

Chapter 1 – General

University employees may be employed outside of their regular university position so long as such employment complies with RCW 42.52, Ethics in Public Service, EWU Policy 901-01, Ethical standards, and all other state laws and university policies.

Chapter 2 – Outside Employment

2-1. General

University employees may be employed by other state agencies or by businesses or organizations that are not affiliated with the University or with other State agencies.

2-2. Restrictions

1. outside work activities must not be within the course of the employee’s official duties;
2. outside work activities may not constitute a conflict of commitment or interest;
3. outside work activities may not be to the detriment of official duties and obligations;
4. the outside work must not have been created or authorized by the employee in his or her official capacity;
5. no university resources may be used for outside work activities; this includes the use of university facilities, equipment, and materials, including academic materials that were prepared using university resources or were prepared for university purposes.

2-3. University Approval

University approval is required whenever outside employment:

1. is for another state agency; or,
2. occurs during the employee’s regular working hours; or,
3. creates a potential conflict of interest

2-4. University Approval Process

1. The employee must submit a request detailing the beginning and ending dates, salary, schedule and the nature of the additional employment. .

The supervisor shall forward the request, with recommendations, through appropriate intermediaries, to the president/vice-president for final approval.  Supervisor recommendations shall include, if necessary, approval of applicable vacation, personal leave time or leave without pay to permit the performance of the outside employment.

1. The president/vice president will review and either approve or deny the request. They will then return the request to the employee’s supervisor and provide a copy to human resources.

2-5. Additional Rules for Outside Work Performed for another State Agency

Special standards govern award of a grant or contract from another state agency directly to an employee while already employed by the state.  In addition to the restrictions of section 2-2 and the requirement for university approval described in section 2-3, such employment must also:

1. be entered into through a legitimate process as described in section 42.52.120(2) RCW; and,
2. be coordinated with the Washington State Executive Ethics Board as described in section 2-6.

2-6. Executive Ethics Board Coordination

Per section 42.52.120(3) RCW, university employees who awarded a contract or issued a grant with another state agency must file the contract or grant with the Executive Ethics Board within thirty days after the date the contract or grant was executed.  The employee shall include in their filing the following:

1. A description of the employee’s current state duties;
2. A statement of the work to be performed under the contract/grant and a copy of the proposed contract/grant;
3. A statement that no EWU resources will be used to perform any of the work under the contract or grant; and,
4. A copy of the university approval letter that was provided by human resources.
5. A description of how the work can be performed without the use of EWU time or resources.

A copy of the final determination is forwarded to human resources for filing in the employee’s personnel file.

Chapter 3 – Additional University Employment

3-1. General

University employees may perform additional work for the university, outside of their normal work, and receive additional compensation.

3-2. Eligibility

1. Classified: The additional work must fall outside of the employee’s civil service position or the work must be exempt from overtime (salaried and meets the administrative, executive, or professional exemption tests of the act). Otherwise, the overtime rules and contract will apply.
2. Exempt: The work performed must fall outside of the employee’s regular assignment as determined by the employee’s supervisor.  For overtime eligible exempt employees, the work must be unrelated to the to the employee’s regular work; otherwise, overtime rules will apply.
3. Faculty: Eligibility is as determined under the current Faculty Collective Bargaining Agreement.

3-3. Restrictions

1. Prior approval is required in all cases.
2. additional work may not constitute a conflict of commitment or interest;
3. additional work may not be to the detriment of official duties and obligations;
4. the additional work must not have been created or authorized by the employee in his or her official capacity;
5. Additional work must be of a nonrecurring nature when it occurs during the employee’s regular working hours.
6. Employees whose written position descriptions include instruction, consultation or other job-related duties which correspond to those in the employee’s request for additional duties will normally not receive additional pay.

3-4. Process

1. Requests for additional university employment, which would occur during an employee’s regular work hours, must be made by the employing department to the employee’s supervisor.
2. Requests shall stipulate the beginning and ending dates, salary, budget, schedule and the nature of the additional duties.
3. The employee’s regular supervisor must determine whether the duties are eligible for additional compensation as described in this section.
4. This request along with the supervisor’s recommendations shall be submitted, through appropriate intermediaries, to the appropriate president/vice president for final approval.
5. For non-faculty appointments, the supervisor shall forward a copy of the request, with approvals, to human resources for further processing and filing.
6. For faculty appointments, payroll action forms shall be prepared by the college and forwarded to human resources for processing and filing.