7.49 Additional State Compensation: Dual Employment and Compensation

7.49.1 Board of Regents Policy--FAC 6C-5.825

(1) Purpose

(a) The purpose of this rule is to establish policies relating to approval of additional state compensation for State University System employees and procedures to be followed by each chief administrative officer in requesting or granting approval of such compensation.

(b) Requests involving a non-State University System agency shall be submitted to the Department of Administration for approval in accordance with Rule 22K-8.

(c) The provisions of this rule do not apply to activities performed during an interval in the year in which the employee is not employed with the State University System.

(d) This rule shall not be used for the purpose of avoiding the payment of overtime as required by the Fair Labor Standards Act (FLSA).

(2) Authority -- Section 240.283, Florida Statutes, provides that the chief administrative officer is authorized to approve additional compensation for State University System employees, notwithstanding the provisions of Section 216.262(1)(d), F. S.

(3) Policy

(a) The circumstances under which additional state compensation may be approved are as follows:

1. Compensation of a State University System employee for employment in excess of one full-time equivalent established position (1.0 FTE).

a. For University Support Personnel System (USPS) employees, this means employment in the same university in one full-time equivalent established position where the total scheduled employment regularly exceeds 40 hours during a workweek; or in two or more positions, either full-time or part-time, where the combination of positions exceeds one full-time equivalent established position and the total scheduled employment regularly exceeds 40 hours during a workweek. For Faculty or Administrative and Professional employees, this means employment in the same university in one or more established position(s) where the total employment exceeds what is normally considered or contracted as full-time employment by the appropriate authority for the pay plan under which the position is established.

b. These requests will be approved only under extraordinary circumstances involving situations such as:

(I) The immediate and untimely vacating of a position assigned duties that are essential to the university's operations.

(II) Special skills possessed by an employee that are needed to perform a critical assignment.

(III) The inability to fill a critical position where recruitment efforts have been unsuccessful.

c. Where employment is in excess of one full-time equivalent established position, those employees engaged in continuing education or extension activities, who are otherwise employed on a full-time basis by the university, may be compensated from funds generated from such activities at a level not to exceed twenty percent of their contracted rate. Such compensation may be in addition to that provided within the total approved salary rate for the university and is not considered to be additional state compensation for purposes of this rule.

2. Compensation of a State University System employee simultaneously from any appropriation other than appropriations for salaries -- These requests will be approved only under extraordinary circumstances involving situations such as:

a. Performing additional (secondary) duties such as conducting workshops not associated with the employee's regularly assigned duties.

b. Teaching continuing education courses.

c. Serving as an adjunct instructor.

3. Compensation of a State University System employee simultaneously employed by more than one university -- These requests will be approved when the secondary employer has a need for that employee's skills and none of its employees is available to perform the function at the necessary level of expertise. The primary employing university shall provide written certification to the secondary employing university that the additional duties will not interfere with or constitute a conflict of interest with the employee's regularly assigned duties in the primary university, and will not involve the use of State space, personnel, equipment, or supplies furnished by the primary university, unless arrangements are made by the secondary university to adequately compensate the primary university for the use of same.

(b) Additional State compensation for one of the employment circumstances described in Rule 6C-5.825(3)(a), above, shall be commensurate with the duties to be performed.

(c) It is the responsibility of the university initiating the action to insure that the requested actions are justified as being in the best interests of the State University System and the State, and are in compliance with applicable federal and State law.

(d) The responsibility of employees is the full and competent performance of all duties pertinent to their employment with the university. Additional employment within or outside the State University System that interferes or conflicts with the employee's primary obligations is prohibited.

(e) In any case where additional state compensation will result in payment of overtime as required by the FLSA, such overtime must qualify as a necessary situation as defined in Rule 6C-5.740.

(4) Procedures

(a) The appropriate university administrator and the employee must agree in advance in writing to the hours and rate of pay for the secondary job or job with extended hours.

(b) When practicable, the chief administrative officer must grant approval before the employee may begin providing the service.

(c) Approval must be obtained from the chief administrative officer for each fiscal year during which the employee is to receive additional state compensation.

(5) Forms

(a) The Board shall provide forms that will be completed to accurately reflect the specific circumstances and justification when an employee receives additional state compensation.

(b) The original of the signed request form, "Request for Approval of Additional State Compensation" effective July 1, 1986, hereby incorporated by reference, shall be filed in the employee's official personnel file; however, in situations where two universities are involved, the original of the request shall be returned to the requesting university and a copy shall be furnished to the primary employing university.

(6) Reporting Requirements

(a) The chief administrative officer shall provide a report of such approvals to the Office of the State Comptroller prior to initiating payment requests.

(b) All approvals made by the university shall be reported annually to the Chancellor in accordance with instructions issued by the Chancellor, who shall provide an annual report of such actions as part of the legislative budget request.

7.49.2 University Policy and Procedures

A. GENERAL POLICY

Dual employment and compensation refers to the compensation of a State University System employee by another agency of the State University System, the compensation by a university of one of its employees for the performance of additional duties, the compensation by the University of an employee of another State agency, or the compensation of a university employee by a State of Florida agency, the secondary employment being performed outside the regular working hours of the primary employment.

It is the responsibility of the university initiating the action to insure that the dual employment/compensation is in the best interests of the State University System and the State of the Florida, and that they are in compliance with all applicable Federal and State rules.

It is the responsibility of the employee to perform all duties of the primary employment and, if dual employment is accepted, that it will not interfere or conflict with the employee's regularly assigned duties, that it will not be performed during the primary working hours, and that it will not involve the use of State space, personnel, equipment, or supplies furnished by the primary agency, unless arrangements are made by the secondary agency to adequately compensate the primary university for the use of same.

B. DUAL EMPLOYMENT BY FLORIDA STATE UNIVERSITY OF AN FSU OR SUS EMPLOYEE

Additional compensation in excess of one full-time equivalent position for State University System employees may be approved under the following circumstances: the immediate and untimely vacating of a position when assigned duties are essential to the university's operation, there is a need for special skills possessed by the employee to perform a critical assignment, or when there is a need to fill a critical position for a limited period of time when the recruitment process has been unsuccessful.

Additional compensation of a State University System employee simultaneously employed by more than one university may be approved when the secondary employer has a need for that employee's skills and none of its employees is available to perform the function at the necessary level of expertise.

Additional compensation of a Florida State University employee simultaneously from any appropriation other than appropriations for salaries (Internal Dual Compensation) will be approved only under extraordinary circumstances involving situations such as teaching courses at the Panama City Campus, employment in Overload activities such as conducting workshops not associated with the employee's regularly assigned duties, teaching continuing education courses, and performing Teacher Education Center activities, and other activities involving continuing education.

The additional compensation must be approved on the State University System of Florida Request for Approval of Additional State Compensation Form, available in the Office of the Dean of the Faculties or Personnel Relations Department. This form is to be prepared by the secondary employer, given to the employee who is to secure the approval of the supervisor/chairman/dean and sent for final approval to the Office of the Dean of the Faculties for employment as a faculty member or the Personnel Relations Department for employment in a non-faculty capacity.

If payment is from a contract and grant account, the number of the account must be placed on the form with name of principal investigator. The signature of the principal investigator or designee and the signature of the Vice President for Research must also be obtained prior to final approval by the Dean of the Faculties (faculty members) or Personnel Relations Department for non-faculty employees of the University. For employment at the Panama City Campus, for any continuing education activity or Teacher Education Center activity, the form must also have the approval of the Center for Professional Development prior to final approval.

C. DEFINITION OF OVERLOAD

Overload is (1) compensation which is funded from the Center for Professional Development Auxiliary budget, the funding number ending in 67 and (2) compensation which is funded from the Teacher Education Center contract and grant budget. Overload payments in most cases are from the OPS category of the Auxiliary budget and the TEC budget. Under special circumstances overload funded by CPD may be made from the Salary category if fringe is paid from the base compensation amount; in all such cases payments are from Auxiliary funds. Overload activity related to non-credit professional development courses, i.e., writing courses, communications courses, strategic planning courses, CPA review courses, workshops, seminars, and conferences, is paid from the Auxiliary budget. Compensation paid from any other source than these two is not Overload.

A limit is placed on the compensation which may be received from Overload activities. An employee's total compensation from Overload activities may not exceed twenty percent (20%) of the employee's total annual base salary, academic year plus summer supplemental appointment, in any year from August 8 to August 7. Imposition of this compensation limit is monitored by the Center for Professional Development. The twenty percent compensation limit applies only to Overload activities and is not imposed on other forms of additional compensation.

D. DUAL EMPLOYMENT BY FSU (SECONDARY EMPLOYER) OF AN EMPLOYEE OF ANOTHER STATE AGENCY (NON-SUS EMPLOYEE)

Additional compensation for employees of other State agencies (non-State University System employees) may be approved when there is justification/explanation of the necessity to employ another State employee provided on the State of Florida Department of Administration Request for Approval of Dual Employment and Compensation Form (Form DP-A- 15 Revised/6-82). If a class is to be taught, the call numbers of the course, credit hours, and name of the course must be provided with justification as indicated above. The secondary employment column and justification is prepared by the secondary agency and given to the employee to secure the authorized signatures of the primary agency. After signatures are obtained, the employee returns the form to the University for the signatures of the secondary employer, i.e., chairperson, dean or director, (principal investigator or designee and Vice President for Research if funded by contracts and grants), and the Dean of the Faculties when all other signatures have been affixed. The employee, after securing necessary signatures of the primary agency and the secondary agency, is to see that the form is delivered to the Department of Administration before the employment begins. PLEASE NOTE: There are no exceptions to the rule that all approvals for employment with another State agency must be granted before the work begins. After the Department of Administration has approved the form and returned a copy to the University, the appointment papers and a copy of the approved dual compensation form may be sent forward.

E. RESTRICTIONS ON DUAL COMPENSATION

By action of the Council of Deans, the following policy statements apply to all dual compensation activities:

Internal Dual Compensation activity (i.e., compensation from two or more FSU budgets) which results in appointments greater than 1.00 FTE is prohibited except as approved through the Center for Professional Development for teaching on a branch campus, extension teaching, or Teacher Education Center activities.

External Dual Compensation activity (i.e., compensation from two or more Florida state agencies) which results in appointments greater than 1.00 FTE is governed by applicable statutes and by University policies on outside employment.

In the summer term the restriction on Internal Dual Compensation applies only when the overall summer FTE is greater than 1.00. Appointments may exceed 1.00 FTE for short periods in the summer term provided that the employee's total compensation from FSU budgets for the summer term does not exceed that which would be received from a 1.00 FTE appointment for the entire term.

F. DUAL EMPLOYMENT OF AN FSU EMPLOYEE BY ANOTHER STATE OF FLORIDA AGENCY

Additional compensation for Florida State University employees to be employed by State agencies other than the State University System may be approved when the additional duties will not be performed during the employee's regular working hours, will not involve a conflict of interest with the employee's regularly assigned duties in the primary agency, and will not involve the use of any state space, personnel, equipment or supplies furnished by the primary agency unless a written agreement is attached to the dual employment form, State of Florida Department of Administration Request for Approval of Dual Employment and Compensation Form DP-A-15 Revised 6-82.

University employees accepting dual employment with other State agencies outside regular scheduled working hours at the University must complete the State of Florida Request for Approval of Dual Employment and Compensation Form and must have prior approval with the signatures of the supervisor/department chairman/dean/director, Center for Professional Development if continuing education is involved in the employment, and the Dean of the Faculties. All signatures of the hiring agency (secondary) and the approval of the Department of Administration must be obtained before the activity begins. PLEASE NOTE: There are no exceptions to the rule that all approvals for employment with another State agency must be granted by the Department of Administration before the work begins.