University of Nebraska Kearney

Consulting

Policies on Consulting and Outside Employment. Outside Employment. Staff members employed on a part-time basis by the University, such as practicing lawyers or physicians, may engage in outside employment or activities unless it is expressly stipulated to the contrary in the conditions of employment.

Staff members employed by the University, other than those covered in the preceding paragraph, shall be encouraged to engage in professional activities outside the University as a means of broadening their experience and keeping them abreast of the latest developments in their specialized fields; provided such activities do not interfere with their regular duties at the University or represent a conflict of interest. Staff members may accept temporary or occasional employment for such professional services when such employment is recommended by the dean of the college or director of the division involved and approved by the Chancellor. Specific approval of the Board is required before members of the full-time professional staff:

1. Accept retainer fees or other remuneration on a permanent or yearly basis as professional consultants.
2. Accept professional employment requiring more than an average of two days per month during the period of their full-time employment.
3. Charge fees for work performed in University buildings with University equipment and materials.
4. Provide professional services for remuneration to departments or agencies of state government.

Approval of Outside Professional Activities
(Under Section 3.4.5 of the Bylaws of the Board of Regents)

The Application for Permission to Engage in Professional Activity Outside the University form (see sample) is to be used by members of the professional staff for the purpose of requesting requisite approval pursuant to Section 3.4.5 of the Bylaws of the Board of Regents to engage in professional activity outside of the University. Use of this form shall be instituted throughout the University, effective June 1,1980. After a trial period of six months, it will be reviewed and appropriate revisions, if any, will be made.

The purpose of the Application for Permission to Engage in Professional Activity Outside the University form is to provide documentation of the requisite approval under Section 3.4.5, and to provide an established procedure for review and approval under Section 3.4.5, and to provide an established procedure for review and approval of outside professional activity.

It is impossible to anticipate all questions which may arise in connection with the application of Section 3.4.5 to the varied outside professional activities of staff members. Below are several general guidelines to assist you in performing your administrative responsibilities in this regard:

It is impossible to anticipate all questions which may arise in connection with the application of Section 3.4.5 to the varied outside professional activities of staff members. Below are several general guidelines to assist you in performing your administrative responsibilities in this regard:

1. Section 3.4.5. applies only to members of the "professional staff", i.e., A-line and B-line personnel.
   
2. Section 3.4.5. (a) requires Regental approval of outside professional activities where the staff member will accept retainer fees or other remuneration on a permanent or yearly basis as a professional consultant. The key consideration in determining whether there will be acceptance of a retainer fee or remuneration on a "permanent yearly basis" is the nature of the professional business relationship between the staff member and his client or patient. If this business relationship is one where the staff member is obligated at the beginning of the professional services over a period of one year or longer, then approval by the Board of Regents is required.
   
3. Section 3.4.5. (b) requires Regental approval of outside professional activity requiring more than an average of two days per month during the period of the staff member's full-time employment. The Board of Regents adopted a policy to clarify the meaning of the words "two days per month". The Board interpreted this language to mean "two days per month during the assigned work week." It is often very difficult to identify an "assigned work week," particularly for faculty. They often perform their regular or routine duties with the University during evening hours and on weekends. For this reason, Regental approval will only be required when a staff member's outside professional activities will prevent the performance of his or her routine duties at the University more than an average of two days per month during the period of full-time employment. Thus, if outside professional activities are to be performed only during a time when the staff member would not otherwise be performing routine duties at the University, then Regental approval under the two days per month provisions of Section 3.4.5 (b) would not be required, regardless of the length of time to be devoted to the outside professional activity.
   
4. Section 3.4.5. (c) requires Regental approval of outside professional activity involving the charging of fees "for work performed in University buildings with University equipment and materials". It is not practical to prescribe guidelines under subparagraph (c) which will cover the many and varied outside professional activities of staff members.
   
5. Section 3.4.5. (d) requires Regental approval of outside professional activities where remuneration is received for services provided to departments or agencies of state government. This subsection applies only to the departments or agencies of the government of the State of Nebraska. It does not apply to services provided to departments or agencies of the governments of other states. Also, it does not apply to services provided to political subdivisions within the State of Nebraska, such as municipalities, counties, public power districts, irrigation districts, natural resource districts, etc.
   
6. Section 3.4.5. does not require individual approval of each of separate client patient relationships for professionals such as accountants, engineers, architects, lawyers, psychologists, therapists, etc. It is sufficient that the nature of the outside professional activity be generally described. So long as none of the circumstances requiring Regental approval under subparagraphs (a), (b), (c) and (d) of Section 3.4.5. is involved, no further information need be provided by the staff member, and the professional activity may be approved by the Chancellor upon the recommendation of the appropriate Dean or Director.
   
7. Activities for a professional organization with which a staff member is associated do not constitute the type of professional activity coming within the scope of Section 3.4.5. unless a professional service is provided to the organization for which the staff member is paid a professional fee which is commensurate with the actual value of the professional service provided.