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29.1.1 Applicability This policy applies to all University employees, including Executive Officers, Employees Involved in Procurement Activities, and employees involved in contract management.

29.1.2 Purpose This policy is intended to protect the credibility and reputation of The U. T. System Administration, of The University of Texas at El Paso (University), and their employees, by providing a framework to address conflicts of interest, conflicts of commitment, and outside activities.

The primary responsibility of employees of the University is the accomplishment of the duties and responsibilities assigned to one’s position of appointment.

Regents’ Rule 30104 permits U. T. employees to engage in outside work or activities, subject to State laws, U. T. System Administration and University rules or policies. The University encourages outside activities that clearly contribute to the mission of the institution and/or provide important elements of professional development related to their institution responsibilities.

University employees may not have a direct or indirect interest, including financial and other interests, or engage in a business transaction or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the employees’ duties to their institution.

Activities on behalf of outside entities or individuals must not interfere with a University employee’s fulfillment of his/her duties and responsibilities to the University. Such conflicts of commitment may arise regardless of the location of these activities, the type of outside entity, or the level of compensation.

29.6.1 Approval Authorities The President has appointed the following individuals as the approval authorities under this policy:

1. For Executive Officers: the President, or for the President, the Executive Vice Chancellor
2. For Employees Involved in Procurement Activities: their supervisor
3. For Employees involved in contract management: their supervisor
4. For Members of the Faculty: the Dean or Department Chair (in large units)
5. For Deans and Department Chairs: the Provost
6. For Administrative and Professional Staff: their supervisor
7. For other employees: their supervisor

29.6.2 Time Commitment

No outside activity may be approved if it creates a conflict of commitment. The time commitment of outside activities must not interfere with an employee’s duties and responsibilities with the University.

29.6.3 Categories of Outside Activity

(A) Some activity is so integral to the mission of the University that it is encouraged and may be performed during normal operating hours and may be considered pre-approved, so long as the activity does not reasonably appear to create a conflict of interest and the amount of time committed does not interfere with the employee's University duties and responsibilities. These activities include the following:

(B) Activity that clearly contributes to the mission of the University. Some outside activities clearly contribute to the mission of the University and/or provide important elements of professional development related to the employee’s University duties and responsibilities. These activities, when disclosed and approved, are permitted, can be encouraged, and may be performed during normal operating hours. Examples of these activities include:

(C) University employees may also engage in activity that does not necessarily contribute to the mission of the University or provide elements of professional development related to their University duties and responsibilities, so long as it does not reasonably appear to create a conflict of interest or a conflict of commitment with the employee's University duties and responsibilities. Any such activity must take place only outside of normal operating hours, without use of University resources, and is disclosed and approved as required by this policy.

29.6.4 Accounting for Outside Board Service

(A) Recognizing the benefit to be derived by the University from outside board service, and after thorough consideration of the time commitment that might be involved, time spent on uncompensated service on nonreligious boards, other than for reimbursement of usual and customary expenses, may be deemed to be of service to the University and may not require the use of a person’s own time, if disclosed and approved prior to engaging in such service.

(B) Service on an outside board for which the employee is compensated, and any service to a religious organization whether or not compensated, must be on the person’s own time. If the service occurs during normal office hours, the person must use vacation time, compensatory time, or other appropriate leave while providing the service. The service should be without cost to the University; and, except for service to religious organizations, must be disclosed and approved prior to engaging in such service.

(C) Participation on the board of a municipality; local religious congregation; neighborhood association; public, private or parochial school; political organization; youth sports or recreation league; affinity group such as the local orchid society or model train collectors club; and other similar outside boards on which the service is primarily personal rather than professional in nature and does not require time away from University responsibilities, is permitted without the requirement of disclosure and advance approval if it does not create a conflict of interest or conflict of commitment or the appearance of a conflict of interest or conflict of commitment.

29.7.1 With the exception of the President, and the minimum purchasing threshold discussed below, all Executive Officers, Employees Involved in Procurement Activities, and employees involved in contract management shall electronically disclose for themselves and for immediate family members:

1.  a description of the nature and extent of all outside employment or other compensated activity;
2.  a description of the nature and extent of any outside activity, regardless of compensation, that reasonably appears to create a conflict of interest or a conflict of commitment;
3.  a description of the nature and extent of outside board service as described in Section 29.6.4 above;
4.  a description, including the amount of compensation or interest, of any substantial interest in a business entity which should be provided no later than 30 days after acquiring the interest;
5.  a description of gifts over $250. Do not include gifts received from: one’s parent, child, sibling, grandparent, or grandchild; one’s spouse or the spouse of anyone mentioned above; or the parent, child, sibling, grandparent, or grandchild of one’s spouse.

29.7.2 The President is required by state law to file Personal Financial Statements with the Texas Ethics Commission. In lieu of filing the information listed above, the President shall file a duplicate copy of their Personal Financial Statement with the Office of the Chancellor of U.T. System Administration at the time that it is filed with the Ethics Commission. If the President seeks an extension of the time to file a Personal Financial Statement with the Texas Ethics Commission, the President must also notify the Chancellor’s Office of the extension.

29.7.3 Outside activities disclosed under institutional HOPs developed pursuant to UTS 175, “Disclosure of Significant Financial Interests and Management and Reporting of Financial Conflicts of Interest in Research,” need not be re-disclosed.

29.7.4 Minimum Purchasing Threshold: Employees Involved in Procurement Activities who are not authorized to make purchases of $15,000 or more, and who make no decisions or recommendations regarding purchases of $15,000 or more, are not required to disclose their outside activities and interests in the U.T. System electronic disclosure database.

29.7.5 In determining whether activity should be disclosed, the individual should resolve any uncertainty or doubt in favor of disclosure.

29.7.6 Executive Officers, Employees Involved in Procurement Activities, and employees involved in contract management with nothing to disclose must affirmatively indicate that fact in the electronic database.

29.9.1 Management Plans Management plans must be in place for all employees including Executive Officers and Employees Involved in Procurement Activities and/or contract management for outside activities that may create a conflict of interest or a conflict of commitment before the activity begins. The President shall designate an official(s) to develop and approve management plans to be developed under this policy.

29.9.2 Appeals Individuals whose request for approval of outside activity is denied may request that the denying authority reconsider the decision and provide an explanation in writing. If the individual remains unsatisfied with the decision, he or she may access standard grievance procedures to the extent that they are otherwise applicable.

29.9.3 Prospective and Retrospective Approval In rare instances, outside activity may be approved retrospectively when the individual is called upon to assist in an emergency or urgent situation where it would be impossible or unreasonable to obtain advance approval. In such cases, the activity must be fully disclosed and approval sought from the appropriate authority as soon as reasonably possible.

Some activity may also be prospectively approved, for up to one year, when an individual describes to the approving authority as fully as reasonably possible the general nature and extent of anticipated, but not confirmed, outside opportunities.

29.9.4 Confidential Outside Activity If an individual wishes to engage in an activity for which some or all of the relevant information is confidential, the approving authority may nonetheless approve the activity without requiring full written disclosure upon satisfaction that there is a compelling reason to treat the information confidentially and the activity is otherwise fully compliant with this policy and all other applicable laws and University and U. T. System policies.