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Cooperative
Extension
UW-EXTENSION COOPERATIVE EXTENSION
CONFLICT OF INTEREST POLICY
SCOPE
This policy covers
non-integrated cooperative extension employees, regardless of percentage
of appointment.
GENERAL POLICY
The nature of
cooperative extension work requires considerable direct public contact.
The public generally views Extension employees as educators who represent
the outreach component of their land-grant institution, The University
of Wisconsin. Thus, Cooperative Extension must guard against becoming
involved in situations in which its public trust is questioned. Certain
employment for personal gain, outside one's extension work, could
lead to a material conflict of interest or a violation of public trust
and/or use of public funds. Federal legislation requires guidelines
be in place to address real or perceived conflicts of interest.
As stated in UWS
8.025 (1), Wisconsin Admin. Code, "Members of the unclassified
staff are free to engage in outside activities, whether or not such
activities are remunerative or related to staff members' fields of
academic interest or specialization. However, no member of the unclassified
staff may engage in an outside activity if it conflicts with his or
her public responsibilities to the University of wisconsin system
or the institution at which the unclassified staff member is employed."
In general, if
it may appear that a Cooperative Extension employee is using his or
her position to gain or promote personal outside activities for pay,
a conflict of interest situation may exist and should be discussed
with the appropriate administrator before initiating the activity.
For state specialists, the administrator is the program leader. For
area and county faculty and staff, the administrator is the district
director.
OUTSIDE CONSULTING
AND OUTSIDE TEACHING FOR PERSONAL GAIN
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Outside consulting
and outside teaching for personal gain are activities that could be
perceived as material conflicts of interest. If an employee is considering
undertaking either of these activities for personal gain, the employee
must notify his or her administrator before initiating the activity.
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Outside Consulting
or Owning a Business
Consulting is an external professional activity for personal gain.
Any consulting that is done by a Cooperative Extension employee
must be both outside the employee's job responsibilities and outside
the Cooperative Extension employee's assigned geographic area.
For state specialists, geographic area means the state of Wisconsin.
For area and county faculty and staff, geographic area means the
extension district of which your office is a part. Also, for all
activities:
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Consulting
and owning a business are done as a private citizen. Therefore,
they must be done on the employee's own time and should not
detract from his or her duties with Cooperative Extension.
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The names
of Cooperative Extension or University of Wisconsin Extension
should not be associated with the consulting or business work
and Extension owned supplies and resources should not be used.
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Ownership
or operation of a farm or other outside business is permitted
but must not, as a result of the employee's extension job,
compete unfairly with similar private businesses.
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Outside Teaching
For the purpose of this policy "outside teaching" is
paid employment with another educational institution.
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All staff
are expected to devote their vocational efforts and abilities
to Extension purposes. A degree of flexibility is required that
normally precludes outside teaching. It is also recognized that
occasional outside teaching may enhance the employee and Cooperative
Extension's professional reputation and increase interinstitutional
cooperation.
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In the case
of part-time staff or staff working specified hours, there is
a much clearer distinction between their actions as employees
and as a private individuals. Thus, more latitude can be exercised
regarding outside employment.
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Outside
teaching at a UW System campus or any other state agency institution
for personal gain.
Teaching
is permitted, but must be an unusual, short-term (week,
month, semester) non-recurring assignment. Also, according
to sec. 16.417(2), Wis Stats, no individual may receive
more than $12,000 from the agency or campus for compensation
for the individual's services during the same year.
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Outside
teaching at a private college or university for personal gain.
Teaching
is permitted, but must be performed on the employee's own
time.
(UWEX 8.05, ADMINISTRATIVE
CODE) ACTION TO AVOID POSSIBLE CONFLICT
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When it appears
that a material conflict may arise between the personal interests
of a staff member and his or her public responsibilities to the
University, the staff member shall notify his or her dean, director,
or other appropriate administrator by submitting a written statement
describing the nature of the possible conflict.
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Within 15
days after receipt of the statement, the dean, director or other
appropriate administrator shall advise the staff member in writing
that:
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There
is no conflict prohibited by this chapter and the staff member
may proceed; or
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There
may be a conflict and further consultation is necessary prior
to reaching a determination; or
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There
is a conflict which must be resolved in one of the following
ways:
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The
staff member shall not proceed with his or her University
duties which result in the conflict, so long as the conflict
remains; or
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The
staff member shall not proceed with his or her personal
interests which result in the conflict, so long as the
conflict remains.
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If
the staff member is advised that sub. (2)(c) 1 or 2 applies
to his or her case, the staff member, within 15 days after
notice of the decision of the dean, director, or other
appropriate administrator, may appeal the decision under
ch. UWS 6 or 13.
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Record
of the request and administrative response shall be placed
on file with the staff member's annual statement of outside
interests. Upon approval of the dean, director, or other
appropriate administrator, the nature of a business or
organization may be sufficient for this record if disclosure
of the name of the business or organization is deemed
to be inappropriate.
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(UWEX 8.06 ADMINISTRATIVE
CODE) REPORTING OUTSIDE ACTIVITIES
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The following
outside activities must be reported to the individual's dean, director,
or other appropriate administrator:
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Associations
with organizations related to the unclassified staff member's
field of academic interest or specialization (see UWEX 8.02(3)
for definition of "associated").
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Private
remunerative relationships between unclassified staff members
and non-governmental sponsors of University research in which
the staff member is a principal investigator.
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Remunerative
outside activities in an unclassified staff member's field of
academic interest or specialization, including but not limited
to consulting, and whether the staff member earns for such activities
$5,000 or more in a year from a single source.
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Each unclassified
staff member engaging in outside activities shall annually, on or
before April 30, file a report of outside activities with his or
her dean, director, or other appropriate administrator. These reports
shall, unless otherwise privileged by law, be a matter of public
record. One copy of this report shall be kept on file in the divisional
office. Another copy of this report shall be placed in the unclassified
staff member's official personnel file. Upon approval of the dean,
director, or other appropriate administrator, a description of the
nature of a business or organization may be sufficient for this
record if disclosure of the name of the business or organization
is deemed to be inappropriate.
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If, during the
year, significant changes in a staff member's reportable outside
activities occur, the staff member shall immediately inform, in
writing, his or her dean, director, or other appropriate administrator.
(See UWEX 8.05) - 2/2/98.
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© 1996-2003
Board of Regents of the University of Wisconsin System, doing business
as the Division of Cooperative Extension of the University of Wisconsin-Extension.
All rights reserved.
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