University Code of Ethics

The following code of ethics is applicable to all employees of Montclair State University in accordance with NJAC 9A:3 and NJSA 52:13D-12 et seq.:

A. No officer or employee should have any interest (financial or otherwise, direct or indirect) or engage in any business, transaction or professional activity that is in substantial conflict with the proper discharge of his/her duties in the public interest.

B. No officer or employee should engage in any particular business, profession, trade or occupation that is subject to licensing or regulation by a specific agency of state government without promptly filing notice of such activity with the Executive Commission on Ethical Standards.

C. No officer or employee should use or attempt to use his/her official position to secure unwarranted privileges or advantages for him/herself or others.

D. No officer or employee should act in his/her official capacity in any matter wherein he/she has a direct or indirect personal financial interest that might reasonably be expected to impair his/her objectivity or independence of judgment.

E. No officer or employee should undertake any employment or service, whether compensated or not, that might reasonably be expected to impair his/her objectivity and independence of judgment in the exercise of official duties.

F. No officer or employee should accept any gift, favor, service, or other item of value under circumstances from which it might be reasonably inferred that it was given or offered for the purpose of influencing him/her in the discharge of official duties.

G. No officer or employee should knowingly act in any way that might reasonably be expected to create an impression or suspicion among the public having knowledge of his/her acts that he/she may be engaged in conduct violative of his/her trust as a state officer or employee.

H. No officer or employee should use or allow to be used his/her public office or employment or any information not generally available to members of the public for the purpose of securing financial gain for him/herself or others with whom he/she is associated.

I. No employee, nor any partnership, business entity or corporation in which he has an interest, nor any partner, officer or employee of any such partnership, business entity or corporation, shall agree to or actually represent, appear for, or negotiate on behalf of, any person or party other than the University in connection with any cause, proceeding, application or other pending matter.  Nothing contained in this section shall be deemed to prohibit an employee from agreeing to or actually representing, appearing for or negotiating on behalf of any person or party other than the University in connection with any proceeding pending before any court of record of this state, any proceeding in regard to a contractual right, claim for workers? compensation, or a proceeding before the Division on Civil Rights, New Jersey State Board of Mediation, or New Jersey Public Employment Relations Commission.

J. Guidelines on outside employment for full-time employees

TOP OF PAGE

1. Montclair State University has an obligation to establish a clear definition of the responsibilities of each employee. The primary work obligation of a full-time employee (faculty member, administrator, or classified employee) is to Montclair State University.
2. A full-time employee of Montclair State University may engage in outside employment only if the outside employment does not:

- Constitute a conflict of interest.
- Occur at a time when the employee is expected to perform his/her assigned duties.
- Diminish the employee?s efficiency in performing his/her primary work obligation.

3. All regular or continuing outside employment of a full-time, non-bargaining unit employee of Montclair State University during the regular work year must have the prior and continuing written approval of the President or his/her designee.  Full-time bargaining unit employees of Montclair State University shall report all such outside employment on forms provided for such purpose.

NOTE:  The intention of this section is to differentiate between outside employment that may be regular or continuing and therefore requires the written approval of the President and outside employment that may be irregular or infrequent and therefore does not require such approval.  Regardless of whether a specific instance of outside employment need be approved under these guidelines, in each instance it must meet the three requirements of 2 above. It is difficult to define clearly ?regular or continuing? as opposed to ?irregular or infrequent? outside employment.  Therefore, each employee is responsible for making this judgment in a reasonable manner consistent with the spirit of these guidelines.  The following examples of outside employment activities that may be classified as ?regular or continuing? are given in order to illustrate the intent of the guidelines and are not meant to be an exhaustive listing of such activities.

a. Any teaching assignment at another educational institution except for a single or limited number of guest lectures.
b. A clinical or professional practice (for example, in clinical psychology or law).
c. Appointment as a consultant to a school district, corporation, or other public or private enterprise for an indeterminate period even if actual time demands are intermittent.
d. Operation of, management of, or employment in any enterprise related or unrelated to a faculty member?s professional interest.

The following procedures shall be used for reporting outside employment status.

a. Any employee who intends to undertake regular or continuing outside employment shall report in advance and in writing his/her intention to the President or his/her designee.  Where prior approval is not feasible, all regular and continuing outside employment should be reported promptly.
b. The reporting of outside employment should contain enough specific information to allow the approval officer to determine whether or not the employee intends to engage in regular or continuing outside employment and to ensure that the outside employment, if permitted, will not:

(1)  Constitute a conflict of interest.
(2)  Occur at a time when the employee is expected to perform his/her assigned duties.
(3)  Diminish the employee?s efficiency in performing his/her primary work obligation.

c. The reporting form shall contain the following at minimum:

(1) Name of full-time employee.
(2) Whether or not regular or continuing outside employment is planned.
(3) Name of part-time employer.
(4) Type of work performed.
(5) Hours and days of work.
(6) Licenses or special requirements necessary to perform the duties involved.

TOP OF PAGE

4. No full-time, non-bargaining unit employee at Montclair State University may perform part-time work of any kind for another public institution or agency unless such part-time work conforms in all respects with 1, 2, and 3 above and, in addition, has the approval of the chief executive officer of the public institution or agency for which it is to be performed. If such part-time work exceeds in any respect the limitations established in 1, 2, and 3 above, then Montclair State University and part-time employers should agree upon the share of the employee?s full-time salary that each will pay.  The part-time employer should reimburse Montclair State University by check.
5. These guidelines shall not apply to outside employment undertaken by a full-time employee during his or her vacation or other annual leave periods, except that no such employee may engage at any time in outside employment that constitutes a conflict of interest.
6. These guidelines shall not apply to outside employment as defined in NJSA 18A:6-8.1 and 18A:6-8.2. Such outside employment, however, should be reported to the President as a matter of record.

K. No employee?himself/herself, or by his/her partners, or through any corporation which he/she controls or in which he/she owns or controls more than 1% interest of stock or more than 1% interest in the capital of a partnership or other business entity?shall knowingly undertake or execute any contract, agreement, sale or purchase of the value of $25 or more made, entered into, awarded, or granted by the University or any state agency, except:

1. Any contract, agreement, sale or purchase which is made after public notice and competitive bidding.
2. Any contract with the University for the development of scientific or technological discoveries or innovations in which the University has a property right.

L. No employee, subsequent to the termination of his/her employment, shall agree to or actually represent, appear for, negotiate on behalf of, or provide information not generally available to members of the public, whether personally or through any partnership, business entity or corporation in which he/she has an interest, to any person or party other than the University in connection with any cause, proceeding, application or other matter with respect to which such employee shall have made any investigation, rendered any ruling, given any opinion, or otherwise been substantially and directly involved at any time during the course of his/her employment.  The University shall refer to the New Jersey Executive Commission on Ethical Standards any allegation of a violation of this provision received within the two-year period immediately following termination of employment.

M. No employee shall directly or indirectly use or seek to use his/her authority or the influence of his/her position to control or modify the political action of another person.  No employee, during the hours of duty, shall engage in political activity; nor shall he/she at any other time participate in political activity that would impair his/her usefulness in the position in which he/she is employed.  Each employee retains the right to vote as he/she chooses and to express his/her opinions on political subjects and candidates.

N. All individuals governed by this Code of Ethics are required to comply with all the provisions and requirements of the New Jersey Conflicts of Interest Law (NJSA 52:13D-12 et seq.).

O. Any employee who violates the Code of Ethics may be subject to sanctions in accordance with the Conflicts of Interest Law (NJSA 52:13D-12 et seq.).  In addition to the above, University employees who violate this Code of Ethics are subject to disciplinary action by the University.

TOP OF PAGE