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Administrative Manual - 208 Employee Performance and Conduct

208.12 Outside Employment and Consulting

POLICY

  1. GENERAL
    1. It is the policy of JSA to permit employees to engage in employment or personal business activities outside normal hours and away from the facility, provided such activities do not interfere with performance of JSA duties or create a real or perceived conflict of interest. Employees shall be prohibited from engaging in any activity or practice which conflicts with the interest of JSA/JLab or DOE.
    2. JSA/JLab's Outside Employment and Consulting Policy shall conform to all relevant and appropriate federal, state, and local laws and regulations.
    3. JSA/Jefferson Lab retains the right to determine whether employees' outside work interferes with their job performance and their ability to meet employment requirements and expectations or whether such outside work appears to create a potential conflict of interest. Appropriate JLab management has decision-making responsibility in such situations.
  2. DEFINITIONS
    1. Outside Employment
      1. Outside employment is defined as any activity engaged in by an employee for which the employee receives compensation from an organization other than JSA/JLab.
      2. Consultant or other comparable services are considered as outside employment for purposes of this policy.
      3. Employment with an employee's own corporation or a corporation in which an employee has a major investment shall be governed by the same rules as employment for any other outside employer.
    2. Personal Business Activities

      A personal business is defined as a financial interest in an organization or the occupation of an uncompensated position which enables the employee to provide direction to the business activities of an organization.

  3. REQUIREMENTS
    1. A JSA/JLab employee shall not engage in outside employment or personal business activities, if such employment or activities shall:
      1. In any manner interfere with the proper and effective performance of JSA/JLab duties;
      2. Create or appear to create a conflict of interest;
      3. Require the use of JLab facilities, equipment, or materials. JLab approval is required for any outside activity that involves a fee or remuneration, requires absence from the Lab during normal working hours, or necessitates use of Lab facilities and services;
      4. Appear to subject JSA/JLab or its government sponsor to public criticism or possible embarrassment or cause doubt as to the observance of JSA/JLab's ethical or professional standards;
      5. Require the use of the name of Jefferson Lab, JSA or DOE for advertisement purposes or otherwise in connection with outside activities;
      6. Impair the employee's ability to make independent judgments related to his/her JSA/JLab duties.
    2. Employees shall not engage in outside employment unless, and until, they have requested (using Request to Engage in Outside Business Activities form) and received approval to engage in the outside employment.
    3. Employees shall not engage in outside employment during normally scheduled work hours unless they are on vacation leave. All such uses of vacation leave shall be approved in advance by the respective supervisor.
    4. Employees shall not circumvent disclosure of personal business activities in which they participate by using a family member's or partner's name on the activity.
  4. COMPENSATION FOR OUTSIDE ACTIVITIES
    1. By definition, outside employment involves compensation. Compensation may be in the form of wages, fees, honoraria (defined as payments of money, or anything of value, for an appearance, speech or article), or any items of tangible monetary value given to an employee as payment for services rendered. (NOTE: Reimbursement of travel and other out-of-pocket expenses is not considered compensation for the purposes of this policy.)
    2. The governing principles of JSA/JLab's policy on employees accepting compensation for outside employment are:
      1. The outside employment must be approved to minimize the possibility of conflict of interest;
      2. The activity is conducted entirely during non-working hours or does not involve a significant diversion of time from JLab responsibilities;
      3. Vacation time, approved in advance, is taken for time involving working hours;
      4. No portion of travel costs is paid by JSA/JLab;
      5. No employee shall be paid twice for the same hours worked;
      6. The U.S. Department of Energy shall not pay twice for the same work to be completed or reported on;
      7. The employee has requested (using the Request to Engage in Outside Business Activities Form) and received required approvals to engage in the specific employment activity for which the compensation is offered.
      8. The employee is not reporting on his/her work at JLab and receiving compensation from a source other than JSA/JLab.
    3. In general, there exists a possibility of conflict of interest any time DOE funds are used to compensate a JSA employee for any outside activity. Normally, the participation of a JSA employee in a DOE funded activity shall be considered as a work assignment. In such a case, the employee would continue to be paid by JSA/JLab, and any outside employment compensation would be prohibited in accordance with paragraph D.2.f. above. Given the potential conflict of interest involved with receiving DOE funds as compensation for outside employment, any employee who knows or suspects that DOE funds may be used to compensate him/her for an outside employment activity shall specifically address the compensation source issue when seeking approval to engage in the activity.
  5. POST-APPROVAL CONFLICTS

    Even when an employee has received approval to engage in outside employment or personal business activities, the potential for conflicts of interest still exists. The following rules apply to employees with approved outside employment or personal business activities:

    1. In the event there is a conflict between the needs of JSA/JLab and the outside employer or personal business activity, such as JSA/JLab overtime being required during hours when outside employment or personal business occurs, the needs of JSA/JLab shall prevail.
    2. An employee shall not make or influence any decision or engage in any negotiations on behalf of JSA/JLab, if the employee's personal interests, or those of his/her outside employer, make, or reasonably could be construed to make, his/her judgment other than impartial.
    3. Since it is difficult, if not impossible, to describe all of the situations which may arise involving conflicts of interest, employees shall:
      1. Request advice from their supervisor(s) whenever they have a question concerning a possible conflict of interest.
      2. Submit a new form Request to Engage in Outside Business Activities and Conflict of Interest Disclosure whenever the terms and conditions of the outside employment or personal business activities change significantly.

PROCEDURE

  1. REQUIRED APPROVALS
    1. Outside Employment
      1. An employee who wishes to participate in outside employment shall submit a completed Request to Engage in Outside Business Activities Form (Exhibit 208.12) to his/her supervisor and Associate Director or Office Head for approval. This request shall be reviewed to ensure that there is no real or apparent conflict between the employee's private interest and JSA or DOE interests. The HR Director shall be available to assist the Associate Director or Office Head with this review. The Employee Relations Manager or his/her designee shall review all such requests for final approval.
      2. When outside employment continues for longer than 12 months, the employee shall submit annually a Request to Engage in Outside Business Activities Form.
    2. Disclosure of Personal Business

      An employee engaged in a business activity as an owner, partner, or other principal must disclose that activity on a Conflict of Interest Disclosure (Exhibit 208.03) even if he/she is not receiving direct compensation from the business activity.


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