|
Employee Ethics Policy
These principles and guidelines shall
apply to all persons employed by any component institution, agency, or
service of Texas Woman's University (TWU) regardless of rank or position.
Principles of Ethical Conduct
TWU employees shall put forth honest effort in the
performance of their duties. TWU employees shall not use their public
positions for private gain. TWU employees shall make no unauthorized
commitments or promises of any kind purporting to bind TWU or any of its
components. TWU employees shall not hold financial interests that are in
conflict with the conscientious performance of their official duties and
responsibilities. TWU employees shall not engage in any financial
transaction in order to further any private interest using non-public
information that they obtain in the course of their employment. TWU
employees shall protect and conserve public property and shall not use it
for other than authorized activities. TWU employees shall not engage in
outside employment or activities, including seeking or negotiating for
employment, that conflict with official duties and responsibilities. TWU
employees shall promptly disclose waste, fraud, abuse, and corruption to
appropriate authorities. TWU employees shall adhere to laws, regulations,
and policies that provide equal opportunity for all persons regardless of
race, color, religion, sex, sexual orientation, national or ethnic
origin, age, veteran's status, or disability, except as provided by law.
Conflicts of Interest
Ethics Commission Financial Disclosure Statements - The President
of the University is required to file a financial statement with the
Texas Ethics Commission annually. Forms prescribed by the Commission
shall be utilized.
Disclosure of Interest for Non-CEO's - TWU employees
who execute contracts or cause contracts to be executed on behalf of TWU
in which remuneration is involved or who exercise discretion with regard
to investment of TWU funds shall immediately disclose to the President
any interest in or compensation from any business or entity involved in
these transactions.
Disclosure of Interest in Property to be Acquired - As an officer
of government, the President is required to disclose any legal or
equitable interest in property that is to be acquired with public funds.
Such disclosure shall be made by filing an affidavit containing specific
information as required by statute. The affidavit must be filed with the
county clerk of the county in which the individual resides and the county
clerk of each county in which the property is located. Such filing must
be completed within 10 days before the date on which the property is to
be acquired by purchase or condemnation. "Public funds" include
only funds collected by or through a government.
Travel
Copies of the TWU and State of Texas travel regulations may be
obtained from the University Controller's Office.
Transportation, Meals, and Lodging - All TWU
employees will abide by the TWU and State of Texas travel regulations in regard to
transportation, meals, and lodging requirements.
Improper Travel Reimbursement - When a TWU
employee engages in travel for which compensation is to be received from
any source other than TWU funds, the employee shall not submit a claim
under the provisions of the TWU travel regulations for the compensation
to be reimbursed. A TWU employee who receives an overpayment for a travel
expense shall reimburse TWU for the overpayment.
"Official Business" for Purpose of Travel - To qualify
for travel reimbursements and use of TWU vehicles, the purpose of a trip must
be "state business" or "official business" of TWU.
State or official business is the accomplishment of a government function
directly entrusted to TWU or one of its components, including the
reasonably necessary means and methods to accomplish that function.
Per Diem for Employees Who Travel Under Contracts
and Grants - Employees traveling under contracts and grants (federal,
state, private) shall be reimbursed for travel expenses and allowances on
the same basis as other TWU employees, except in those instances where
the terms of the contract or grant specify travel guidelines and
reimbursement rates which differ from State of Texas reimbursement rates.
Travel Bonus (Frequent Flyer) Awards - TWU employees
who earn credit with airlines, hotels, car rental companies, etc., for
official travel are not required to account for such credit or to use
such for official travel only.
State Credit Cards - TWU employees may not use
state credit cards for personal expenses. State credit cards may only be
used for legitimate TWU business expenses. Payment of charges on
individual cards is the sole responsibility of the individual employee.
TWU shall not be responsible for the charges, regardless of the type of
charge. Employees may use state credit cards to charge for items that,
while they qualify as official business, are not fully reimbursable under
state and/or TWU guidelines for reimbursement.
Foreign Travel - Requests for travel outside of
the United States
for which reimbursement is sought must be approved by the President or
the President's designee in advance, if the source is money other than
gift funds or contracts and grants.
Benefits, Gifts, and Honoraria
A "benefit" is anything reasonably
regarded as pecuniary gain or pecuniary advantage, including benefit to
any other person in whose welfare an employee has a direct and
substantial interest.
Bribery - No TWU employee may solicit, offer,
or accept any benefit in exchange for their decision, opinion,
recommendation, vote, or other exercise of official power or discretion.
A benefit that is otherwise allowed by University policy is nevertheless
prohibited if it is offered in exchange for official action, as described
above.
Prohibited Benefits - TWU employees
who exercise discretion in connection with contracts, purchases,
payments, claims and other pecuniary transactions of government may not
solicit, accept or agree to accept any benefit from any person the
employee knows is interested in or is likely to become interested in any
contract, purchase, payment, claim or transaction involving the
employee's discretion. This prohibition does not apply to: 1) gifts or
other benefits conferred on account of kinship or a personal,
professional, or business relationship independent of the employee's
status as a TWU employee; 2) a fee prescribed by law to be received by
the employee or any other benefit to which the employee is lawfully
entitled to or for which she/he gives legitimate consideration in a
capacity other than as a TWU employee; 3) a gift, award, or memento that
is received from a lobbyist who is required to make reports under Chapter
305 of the Government Code; and, 4) items having a value of less than
$50, not including cash or negotiable instruments. An employee who
receives an unsolicited benefit that she/he is prohibited from accepting
by law may donate the benefit to a governmental entity that has the
authority to accept the gift or may donate the benefit to a recognized
tax-exempt charitable organization formed for education, religious, or
scientific purposes.
Gift Items - TWU employees shall disclose to the
President any gift received in the course of official business having a
value of more than $250. The President shall make such disclosures to the
Board of Regents.
Benefits From Friends, Relatives, and Associates - TWU employees
may accept benefits from personal friends, relatives, or business
associates with whom they have a relationship independent of their
official status, so long as the benefit is not offered in exchange for
official action or decision.
Awards - TWU employees may accept plaques and
similar recognition awards, including achievement and recognition awards
from TWU.
Honoraria - TWU employees may not solicit,
accept, or agree to accept an honorarium in consideration for services
they would not have been asked to provide but for their official position
or duties. This prohibition includes a request for or acceptance of a
payment made to a third party if made in exchange for such services.
However, they may accept the direct provision of or reimbursement for
expenses for transportation and lodging incurred in connection with a
speaking engagement at a conference or similar event. Meals provided as a
part of the event or reimbursement for actual expenses for meals may also
be accepted. Participation by the employee must be more than merely
perfunctory.
Public Officials and Political Activities
Entertainment - If a TWU employee provides tickets to
a public official to allow the official and/or his guests to attend an
event, an officer of the University will serve as host to the official
and must attend the event.
Perishable Food Items - TWU employees
may provide public officials with small, infrequent gifts of perishable
food items delivered to their offices. These are not considered to be
"benefits" for purposes of the provisions of the Penal Code
prohibiting such.
Expenses for Public Officials - The
University may pay expenses in order to furnish information to state
officials relevant to their official position, including presentations
about the programs and services of TWU.
Use of Official Authority Prohibited - No TWU
employee may use her/his official authority or influence or permit the
use of a program administered by TWU to interfere with or affect the
result of an election or nomination of a candidate or to achieve any
other political purpose. No TWU employee may do any act or attempt to
interfere with anyone who seeks to pay, lend, or contribute private funds
or private property to a person or political organization for political
purposes. Any TWU employee who violates either of these provisions is
subject to immediate termination of employment in accordance with the
Texas Government Code.
Use of TWU Funds or Property - No TWU
employee shall expend or authorize the expenditure of any TWU funds for
the purpose of influencing the outcome of any election or the passage or
defeat of any legislative measure. No TWU funds may be expended for the
payment of full or partial salary of any employee who is also the paid
lobbyist of any individual, firm, association, or corporation.
Voting and Political Participation - As employees
of the State of Texas, TWU employees have the right of freedom of
association and political participation guaranteed by the state and
federal constitutions, except as limited by valid state laws. TWU
employees shall be allowed sufficient time off to vote in public
elections without a deduction from pay or from accrued leave time.
Employees as Candidates and Officeholders - TWU employees
may run for election and serve as members of the governing bodies of
school districts, cities, towns, or local governmental districts. Any
employee elected to such a position may not receive any salary for
serving as a member of such governing bodies.
Political Contributions From Employees - TWU employees
may make personal contributions to candidates for office and political
organizations, with the exception that no state employee may contribute
personal services, money, or goods of value to a candidate campaigning
for speaker of the Texas House of Representatives.
Dual Office Holding
Positions of Employment with Government Agencies - Dual
employment with the State of Texas
must be disclosed to both the University and the other state agency prior
to the acceptance of the additional employment with the state and must be
consistent with the prohibitions against dual office holding in the Texas
Constitution. Those engaged in dual employment with the state must abide
by all laws and regulations of the Texas Woman's University, the State of
Texas,
and the federal government.
University Property and Services
Misuse of Authority - It is a
violation of state law for TWU employees acting with the intent to obtain
a benefit or with intent to harm another to intentionally or knowingly
misapply anything of value belonging to the government that comes into
their custody or possession by virtue of their office or employment.
Misuse of Official Information - It is a
violation of state law if a TWU employee, in reliance on information to
which she/he has access in her/his official capacity and which has not
been made public, 1) acquires or aids another to acquire a pecuniary
interest in any property, transaction, or enterprise that may be affected
by the information; or 2) speculates or aids another to speculate on the
basis of the information.
Telephones - TWU employees may need to make
personal telephone calls from time-to-time during working hours.
Normally, such use does not result in additional costs or damage to TWU
and generally will not hinder the day-to-day operation of an office.
Incidental use of TWU telephones during working hours by TWU employees
for local calls is not considered to be a misapplication of state
property and is permissible so long as it does not unduly interfere with
the employee's assigned responsibilities or the normal functioning of an
office. Use of telephones is considered to be a misapplication of state
equipment if it results in additional costs being incurred by TWU,
including long distance charges or damage to the equipment.
Other TWU Equipment - No TWU
employee shall entrust state property to any state official or employee
or to anyone else to be used for other than state purposes. TWU employees
shall not use TWU equipment or property for their own benefit or pleasure
unless 1) suitable arrangements have been made in advance for payment of
the agreed upon value of the use of such property or 2) the property consists
of books from the library, recreational facilities, and other such items
of well-established usage that are authorized for such use by the
University.
TWU Vehicles - No TWU employee shall use any vehicle
owned by TWU for any purpose other than official business or activities
of TWU. Employees may not use such vehicles in connection with any
political campaign or for any personal or recreational activity.
Employment
Outside Employment and Consulting - The primary
responsibility of University employees is the full and complete
performance of all assigned duties and professional obligations. If
additional employment should become necessary, such employment must not
detract from the usefulness and performance of the employee. Outside
employment may be allowed provided the following conditions are met: 1)
it does not interfere with the regular work of the employee; 2) it is
reasonable in amount of time taken for outside employment and its related
activities; 3) it does not require or induce the disclosure of
confidential information acquired by reason of one's official position;
and, 4) the official connection of the employee is not used in connection
with the employment.
Nepotism - An officer of this state may not
appoint, confirm the appointment of, or vote for the appointment or
confirmation of the appointment of a relative to a position that is to be
directly or indirectly compensated from public funds. No person shall
serve in a capacity when it is the duty of any relative employed by the
University to directly supervise such person.
A relative is defined as a husband, wife, father,
mother, son, daughter, brother, sister, grandparent, nephew, niece,
cousin, and their in-law and step-relative counterparts, or any other
person within the second degree of affinity or the third degree of
consanguinity.
Certain exceptions to the nepotism prohibition apply
in the event of prior and continuous employment of the employee.
Oath of Office and Employee Affidavit - All TWU
employees are required to take the oath of office prescribed by law for
employees of tax-supported institutions of higher education.
Sexual Harassment – Sexual Harassment is
prohibited.
State statutes on which this policy is based are
cited in footnotes in the original document available from deans and
department chairs.
APPROVED: 6/95
REV. 6/06
|
