Human Resources Policy: HR 09 05
A. Purpose. To establish a process that governs secondary employment of SPA employees. The purpose of this approval procedure is to assure that secondary employment does not have an adverse effect on primary employment and does not create a conflict of interest.
B. Scope. Employees subject to the State Personnel Act (SPA) with permanent, probationary, or time-limited appointments.
C. Policy. It is the policy of The University of North Carolina at Pembroke (UNCP) that employment responsibilities of SPA employees working for the University are primary; any other employment in which those persons may be engaged is secondary. These provisions apply only to non-state sources of income and do not apply to a second job or assignment paid from state funds; those conditions are covered by the State Policy on Dual Employment.
D. Responsibilities
The Chancellor and Vice Chancellors are responsible for ensuring the Secondary Employment policy is conducted in a fair and consistent manner.
Responsible Person/Financial Managers (RP/FM) are to review and/or approve as appropriate the employee’s Request for Approval of Secondary Employment. The RP/FM will provide in writing the reason for denial of the request within 10 workdays.
Employees are responsible for seeking approval from their Responsible Person/Financial Manager and department head or director before engaging in any secondary employment by:
• completing a Secondary Employment Form for all employment that is not covered by Dual Employment, and
• updating the form annually, as well as to document changes as they occur.
The Director of Human Resources/EEO/AA Officer is responsible for ensuring that the policy is administered on a non-discriminatory basis and all necessary components are in place for an effective program.
E. Procedure
1. All SPA employees covered under this policy must have approval from the RP/FM before engaging in any type of secondary employment. SPA employees considering secondary employment must report their intentions to their RP/FM in time to obtain approval prior to beginning secondary employment.
2. Requests for approval must be prepared and submitted on the Request for Approval of Secondary Employment form.
3. The employee's RP/FM will submit the request to the department head or director for review and approval. Employees/department heads/directors may consult with Human Resources staff concerning secondary employment questions.
4. Upon approval, the RP/FM will provide a copy of the approved form to the employee and forward the original form to Human Resources for inclusion in the employee's personnel file.
F. Approval
Requests for secondary employment will be approved, if the following criteria for approval are met:
a. There is no conflict of interest between the secondary employer and UNCP as the primary employer. (In the context of secondary employment, a conflict of interest would occur where the secondary employment could reasonably be expected to influence the employee's judgment, discretion, or independence of action at the University or result in unfair advantage to a private sector firm doing business with the University). Questions concerning conflict of interest should be referred to Human Resources.
b. The working hours established at UNCP and with the secondary employer do not overlap or prevent the employee from fulfilling assigned duties and responsibilities effectively.
G. Review
If an employee's request for approval of secondary employment is denied and the employee is not satisfied with the reason(s) given for denial, the employee may appeal the denial within 15 calendar days in accordance with provisions of the SPA Employee Grievance and Appeal Policy HR 19 95 (revised 10/02).