Conflict of Interest, Conflict of Commitment, Outside Professional and Political Activities

Policy Number: 8.2.15
Effective Date: February 28, 2023
Revision History: None
Policy Contact: Chief Human Resource Officer

I. Purpose and Policy Statement

Each Georgia Gwinnett College employee shall make every reasonable effort to avoid situations resulting in a conflict of interest with their institution employment. This includes avoiding the appearance of a conflict of interest. An apparent conflict can exist even in the absence of a legal conflict of interest. GGC employees are referred to State Conflict of Interest Statutes O.C.G.A. § 45-10-20 through § 45-10-70 and institutional policies governing professional and outside activities.

Each GGC employee has an ongoing responsibility to report and fully disclose any personal, professional, or financial interest, relationship, or activity that has the potential to create an actual or apparent conflict of interest with respect to the employee’s GGC duties.

II. Scope

This policy pertains to all employees of Georgia Gwinnett College.

III. Definitions

Apparent conflict of interest: When a reasonable person would conclude, from the circumstances, that the employee’s ability to protect the public interest, or perform public duties, is compromised by a personal, financial, or business interest.

Outside professional activities: Any additional activity beyond duties assigned by GGC, professional in nature, for which the individual receives additional compensation.

Conflict of commitment: When an employee undertakes external commitments which burden or interfere with the employee’s official duties.

Consulting: Any professional activity related to the employee’s field or discipline (e.g. consulting, speaking, advisory boards, paid attendance at external meetings, expert witness services, etc.), where a fee-for-service, or equivalent relationship with a third party, exists. Consulting includes organizing or operating any educational program outside the institution.

IV. Roles and Responsibilities

1. Chief Human Resource Officer (“CHRO”) or designee: Oversees policy updating and maintenance; provides interpretation of the policy when questions arise.
2. Human Resources: Retains approved agreements; fields, researches and responds to questions.
3. Direct Manager: Reviews all requests for direct reports to determine if a conflict of interest exists; advances requests to cabinet member for approval.
4. Cabinet Member or designee: Review all request for conflict of interest within their division.

V. Conflict of Commitment

A GGC employee cannot engage in any occupation, pursuit, or endeavor that will interfere with the regular and punctual discharge of the employee’s official duties.

VI. Consulting/Outside Professional Activity

1. GGC recognizes that teaching, research, and public service are the primary responsibilities of faculty members, therefore, it is considered reasonable and desirable for faculty members to engage in consulting activities. However, consulting/outside paid professional activities carried out by faculty or staff cannot be in conflict with the responsibilities of the employee or interest of the institution. GGC employees are prohibited from using GGC’s name, image, or logo in the furtherance of consulting/outside professional activities.
2. The employee must submit a written request for the activity to the appropriate chief officer, dean or program director in the employee’s reporting line. The following information must be included in the request:
   1. A brief summary statement of the consulting work/outside professional activity
   2. The time period requested, including estimated hours/days
   3. The duration of the services specifying whether the services are ongoing or for a specific period of time
   4. A statement addressing any possible conflict of interest
   5. A copy of the actual consulting agreement/offer letter or outside professional activity agreement (where applicable)
3. If a written agreement has not been developed at the time the request is submitted, GGC reserves the right to request a copy of the agreement at any time during the employment period.
4. The employee’s supervisor must make a recommendation of approval or non-approval to the appropriate chief officer. The chief officer will review and forward a recommendation to the President or the President’s designee for final signature approval. The decision of the President will represent the final institutional decision on the matter. A copy of the written request, with the President’s approval, is provided to the Office of Human Resources.
5. Consulting/outside professional activities requests for services with any state agency requires additional layers of advanced internal and external approval.

VII. Prohibition of Certain Political Activities

1. GGC employees are encouraged to fulfill their civic obligations and engage in normal political processes, including the right to express personal opinions on matters of public concern. Nothing in this policy is intended to infringe or restrict free expression rights guaranteed by the United States Constitution or the Georgia Constitution.
2. Nevertheless, it is inappropriate for GGC employees to manage or enter political campaigns while on duty to perform services for GGC or to hold elective political office at the state or federal level while employed by GGC. Likewise, GGC employees must not hold themselves out as speaking, or acting on behalf of, GGC or the University System of Georgia when participating in political activities and must take reasonable measures to avoid any appearance that such participation is in an official capacity as an employee of GGC.
3. For additional rules governing all USG employees when engaging in political activities and associated political expression, see BOR Policy Manual 8.2.18.3.

VIII. Related Regulations, Statues, Policies and Procedures

O.C.G.A. §§ 45-10-20 - 45-10-70
Board of Regents Policy Manual 8.2.18.2 Conflicts of Interest, Conflicts of Commitment, and Outside Activities