Administrative Policies And Procedures

State law and Texas State University System Rules and Regulationsprohibit a State officer or employee from appointing, voting for, or confirming the appointment to any office, position, employment, or duty of any person related to such officer within the third degree by consanguinity (blood) or within the second degree by affinity (marriage).

The table below is the civil law standard for determining degrees of relationship

Departments or other administrative units may employ individuals who are related within the degrees of relationships detailed above provided such employment does not cause one relative to (a) have responsibility for the direct or indirect supervision of the other, or (b) have authority over the salary or other terms and conditions of employment of the other.

Where a supervisory relationship exists or would exist if an appointment were approved, a written request for review must be submitted through administrative channels to the President.

This policy does not prohibit the reappointment or continued employment of any person related to another within either of the prohibited degrees who shall have been employed by Lamar before the adoption of this policy. However, no employee may approve, recommend, or otherwise act with regard to appointment, reappointment, promotion, or salary of any person related within either of the prohibited degrees.

If the reappointment or continued employment of a person places such person under an administrative supervisor related within the above specified degree, all subsequent actions with regard to reappointment, promotion, or salary shall be the responsibility of the next highest administrative supervisor. It shall also be the responsibility of the next highest administrator to make a written review of the work performance of such employee at least annually and submit each review for approval or disapproval by the President.

All situations covered by V.T.C.A. Government Code Ch. 573, Subsection 2.231 shall be reported annually in May through the President’s Report to the Board.

( V.T.C.A. Government Code Ch. 573)

The Texas Constitution places limits on persons holding more than one civil office of employment at the same time. A non-elected employee of the State of Texas may hold more than one position if the positions are of benefit to the state and there is no conflict. Employees seeking to hold more than one position must inform each agency of their dual employment status. The agencies must rule whether such dual employment is allowable.

Employees who are legally employed in two or more positions with the state are subject to the following provisions:

1. Completely separate leave records will be maintained for each position.

2. The person accrues state service credit for all purposes as if the employee had only one employment.

3. Upon termination of one position, the leave balances may not be transferred to the remaining employment.

4. The state contribution toward the employee's position of the social security tax liability is subject to the overall individual limit.

5. Total state contribution toward group insurance is limited to the amount specified for a full-time employee.

6. The employee is entitled to longevity pay of only one position.

7. Overtime compensation will accrue to each employment totally independent of the other except in those instances in which the person is subject to the overtime provisions of FLSA. In these cases, and where the multiple employment is with two separate agencies, the two agencies shall coordinate in order to determine which agency shall have the responsibility of ensuring that the employee is properly compensated.

Employees holding or applying for dual positions who fail to inform Lamar State College-Orange of their status are subject to the immediate termination of their position.

APPOINTMENTS

All faculty appointments, including the granting of tenure, are subject to the approval of the Board. At the annual meeting of the Board (or at the earliest practicable meeting following the Governor’s approval of the State’s General Appropriations Act), the Board shall appoint the faculty and other teaching personnel to term or annual appointments for a specified period not to exceed one year. The President shall advise each appointee in writing of the provisions and conditions of the appointment. If a faculty member has already been appointed by the Board for either a fall or spring semester, the contract may be extended for the summer or for additional special assignments during the same fiscal year by the President, unless the extension includes a change in academic rank or an increase in the base salary.

NOMINATIONS

The President shall recommend to the Board the employment or re-employment of faculty members to be awarded term or annual appointments, advising the Board in writing as to the tenure status, proposed academic rank, and highest degree of each nominee.

REAPPOINTMENTS

Written notice of a decision not to reappoint will be given to a tenure track faculty member not later than March 1st of the first, or not later than December 15th of the second, academic year of probationary service. After two or more academic years, written notice shall be given not later than August 31st that the subsequent academic year will be the terminal year of appointment. The notice required by this Section is not applicable where termination of employment is for good cause or for faculty members who are appointed on a term basis.

The 77th Legislature specified procedures regarding employment contracts for faculty at institutions of higher education. An institution of higher education that determines it is in its best interest to reappoint a faculty member for the next academic year shall offer the faculty member a written contract for that academic year not later than 30 days before the first day of the academic year. If the institution of higher education is unable to offer the contract prior to the stipulated time frame, the institution shall provide the faculty member with written notification that the institution is unable to comply, offer an explanation why it could not meet the deadline, and specify in the written notification a time by which it will offer a written contract to the faculty member for the applicable academic year.

None of the funds appropriated by the Appropriations Act may be used to enter into a contract for consulting or professional services or into an employment contract, with any individual who has been previously employed by the department or agency within the past twelve months. For the purpose of this section, the term “employment contract” shall include a personal services contract regardless of whether the performance of such a contract involves the traditional relationship of employer and employee.

Appropriated funds may not be used to pay a contract workforce for which the contract is executed, amended, or renewed on or after September 1, 2001, until an agency or institution:

Develops comprehensive policies and procedures for its contract workforce.

Examines the legal and personnel issues related to the use of a contract workforce.

Conducts a cost/benefit analysis of its current contract workforce before hiring additional contract workers or amending or renewing existing contracts.

Documents why and how the use of contract workers fits into agency staffing strategies.

Lamar State College-Orange will consider hiring contract workforce or outsourcing a function based on the following criteria:

1. services required are seasonal
2. services required are temporary
3. services required are highly specialized
4. time certain to complete a project
5. cost effectiveness.

The first step is to determine the need for contract workers. If the need exists and is determined to be cost effective, managers should adhere to the following guidelines specified in the Policies and Procedures Manual.

The next step if a need exists, is to complete the cost effectiveness Best Practices checklist included in the Policies and Procedures Manual.

Any employee filling a position requiring student status is considered a student employee. Student employees may be classified as Student Assistants or Work Study.

Student employees are limited to 20 hours of work per week. Should extenuating circumstances within the department require the need for a student to exceed the 20-hour limit, the department must obtain approval from the President in writing prior to authorizing the additional hours. A copy of the authorization must be forwarded to Human Resources for the student’s personnel file.

A student employee may be employed during a period of nonattendance, such as a summer or between semesters. To be eligible for this employment, a student must have been enrolled in the last regular session and planning to re-enroll in the next regular session. The student’s earnings during this period of nonattendance must be used to pay his or her cost of attendance for the next period of enrollment. If the student fails to register for the subsequent term, Lamar State College-Orange must be able to demonstrate that the school had reason to believe the student intended to enroll the next term. There should at least be a fee statement in the student’s file indicating they were registered for classes at the time the employment occurred.

All student employees are paid minimum wage. Student employees are ineligible for benefits other than Benefit Replacement Pay (if employed on 8/31/95) and Workers’ Compensation.

Under the modification of the State of Texas’ Section 218 Agreement, qualified student employees will be excluded from social security and Medicare coverage for services performed after June 30, 2000. To qualify as a student employee, the student must be registered in the term and must be in an appointment for half time or less which is restricted to students. A minimum of six hours for undergraduates and three hours for graduates is required during a long semester and three hours is required during the summer. Student status will be validated once per semester at the 12th class day of a long semester and the 4 th class day of a summer session.

All requests for information concerning current or former employees should be referred to the Human Resources Director. Employers are not required to provide an employment reference to or about a current or former employee.

Disclosure by an employer of truthful information regarding a current or former employee protects employment relationships and benefits the public welfare. An employer, a managerial employee, or other representative of the employer, who discloses information about a current or former employee is immune from civil liability for that disclosure or any damages proximately caused by that disclosure, unless it is proven by clear and convincing evidence that the information disclosed was known by that person to be false at the time the disclosure was made or that the disclosure was made with malice or in reckless disregard for the truth or falsity of the information disclosed.

The 77th Legislature added provisions requiring the implementation of a state government privacy policy. Each state governmental body that collects information about an individual in a paper or electronic format shall prominently state that:

With few exceptions, the individual is entitled on request to be informed about the information that the state governmental body collects about the individual

The individual is entitled to receive and review the information

The individual is entitled to have the state governmental body correct incorrect information.

An agency in any branch of state government may not hire a male between the ages of 18 and 25 years inclusive unless he presents proof of his registration or exemption from registration with the selective service system. The following persons are exempt from the requirement to register:

Females
Lawfully admitted non-immigrant aliens because they are residing in this country temporarily.
Members of the Armed Forces on full-time active duty, including cadets and midshipmen at the United States service academies.

This policy is applicable to all full-time, part-time employees (or volunteers) where it is prudent to complete a criminal history record check and exclude persons with a criminal history from employment. The college currently conducts criminal history record checks for all security sensitive positions. The college reserves the right to perform criminal history record checks for other positions in individual circumstances whenever it is deemed appropriate to protect the interests of the college.

Procedures

1. All applicants are required to authorize reference and criminal background checks as a part of the application process.

2. After the hiring department completes the interview process and is prepared to make a recommendation, the Human Resources Office will be notified to initiate a criminal background check on that individual. Criminal background checks are conducted on all security sensitive positions.

3. The college reserves the right to conduct criminal record searches when an employee is charged with any crime that reflects on his or her suitability for continued employment. Criminal record searches can also be initiated as a result of an administrative investigation.

4. The Texas Department of Public Safety database will be used to check criminal backgrounds. In some circumstances out of state databases may also be used.

5. A copy of the criminal history record check will be placed in a confidential file maintained in the Human Resources Office. This information will be disclosed only to Lamar-Orange personnel who need to know or as otherwise required by law.

6. If a criminal history record check is reported affirmatively, the Human Resources Director will consult with the hiring manager to determine whether or not the employee or candidate should be disqualified from employment due to legal requirements.

7. Except where employment is expressly prohibited by the law, the college will review each individual’s criminal history and consider factors such as, but not limited to:

a. the nature and age of the crime(s) reported,
b. the position sought and duties,
c. rehabilitation,
d. the candidate’s employment history, and
e. references.

8. In the case of a disagreement on whether there are grounds for disqualification, the TSUS General Counsel will review the case and make the final decision.

9. In the event of a discrepancy in a criminal history record check report involving the individual’s identity, a criminal background fingerprint check may be requested.

10. If a candidate did not disclose a criminal history on his/her application and is found to have such a record, a job offer may be rescinded or employment terminated due to falsification.

11. It will be the responsibility of the Director of Purchasing and Contracts to verify outside contractors or agencies that assign temporary or contract workers conduct the appropriate background checks to protect the interests of the college.

12. For purposes of this policy, evidence of a criminal history includes any conviction or plea of guilty, a plea of no contest, a suspended imposition of sentence, any suspended execution of sentence, any period of probation or parole, or any other action (other than an arrest record) involving a finding that an individual committed or attempted to commit a crime.

Specific Policies and Procedures for use of Lamar State College-Orange owned vehicles may be obtained from the Physical Plant Director who serves as fleet manager.

The use of a Lamar State College-Orange owned vehicle for purposes other than performing or carrying out official business is strictly prohibited.

Employees who operate a motor vehicle in the performance of Lamar State College-Orange responsibilities are required to maintain satisfactory driving records, as set forth in the Evaluation of Employee Driving Records section, and follow all state traffic safety laws.

Employees who operate motor vehicles in the performance of Lamar State College-Orange job responsibilities shall be on Lamar State College-Orange’s approved drivers list and shall report, within two business days, to the Human Resources Office any traffic and non-traffic citation convictions and the type of violation, traffic accidents, or suspension of their driver’s license, whether the conviction, accident, or suspension occurs in connection with driving a Lamar owned vehicle, a private vehicle or a rental vehicle.

Violation of this policy, including improper use of a motor vehicle or failing to maintain a satisfactory driving record, as determined by Lamar, shall result in deletion of the employee from the approved driver list and may subject the employee to disciplinary action, which may include termination.

Supervisors will be given a list of employees under their supervision who have not been cleared to drive under this policy. It is the responsibility of the supervisor to authorize only those employees eligible to drive a motor vehicle on official business. Failure to duly administer this policy may subject the supervisor to disciplinary action, which may include termination.

EVALUATION OF EMPLOYEE DRIVING RECORDS

Lamar State College-Orange requires that all employees whose duties require driving must be insurable in order to be employed or continue their employment. The Human Resources Office sends out Consent to Motor Vehicle Check forms annually and employees must sign the consent form and complete the Application for Copy of Driver Record then return them both to Human Resources. Applications are sent to the Texas Department of Public Safety for a check on accidents and/or moving violations within the past 3 year period.

Newly hired employees must complete the consent and application forms along with other required documents that are part of the employment process.

The Human Resources Office will maintain a list of employees who have not been approved by the Texas Department of Public Safety. Supervisors will receive a list of the employees under their direct supervision that have not been cleared to drive. Before authorizing travel, the supervisor will review the list. If the employee has not been approved to drive, travel will be denied pending addition to the approved list through the consent and application process.

Employees will not be allowed to drive on Lamar State College-Orange business, and, therefore, not on the approved list, if they are deemed to be unacceptable to the college’s insurance carrier or have within three (3) years prior to the date of their individual driver’s license checks:

1. Been convicted of driving while intoxicated (DWI) or driving under the influence (DUI).

2. Received three or more moving violations in any two-year period within the last three years.

3. Been involved in two or more accidents in any two-year period within the last three years.

4. Had his/her driver’s license suspended.

ADVERSE ACTION BASED ON THE MOTOR VEHICLE REPORT

If Lamar State College- Orange denies employment or takes other adverse action against an employee because of information contained in the motor vehicle report, the applicant/employee will be provided:

a copy of the motor vehicle report

the address and telephone number of the Department of Public Safety

a statement that the applicant/employee is entitled to dispute the accuracy of the report with the DPS

notification that they must inform the Human Resources Director within one (1) week from the date they are notified that they are disputing the report

After one (1) week, if the employee does not dispute the report, the direct supervisor will be notified the employee is not approved to drive. If there is a dispute of the report, the employee will remain in a pending status (not approved to travel) until such time as a clear report is received.

VEHICLE OPERATION REQUIREMENTS

No employee who does not have a valid Operator’s License and/or who is not on the approved list shall operate a motor vehicle while conducting Lamar State College-Orange business.

An employee operating a motor vehicle while on duty is required to exercise the normally prudent care demanded by the road, weather, light, and all other prevailing driving conditions.

The driver and all passengers shall wear safety belts whenever operating/traveling in a motor vehicle on Lamar State College-Orange business.

Every employee driving a motor vehicle on-duty is responsible for knowing and complying with Texas motor vehicle and driver licensing laws. Each employee is personally responsible for any traffic or parking violations incurred while driving a motor vehicle. Lamar State College-Orange will not pay any fines incurred by an employee while driving a motor vehicle.

Lamar State College-Orange owned vehicles are to be used for official Lamar State College-Orange business only.

Drivers on Lamar-Orange business shall not exceed legal speed limits and other motor vehicle safety laws and rules.

Cellular phones should not be used while driving.

No firearms are to be carried in Lamar State College-Orange owned vehicles.

No alcoholic beverages or illegal drugs are to be consumed or carried in a Lamar State College-Orange owned vehicle or any motor vehicle while being used on Lamar State College-Orange business.

All privately owned motor vehicles used by employees to conduct Lamar State College-Orange business shall have the appropriate current motor vehicle inspection sticker and all drivers/employees operating a privately owned motor vehicle shall have a certificate of insurance in effect that reflects the minimum amount of motor vehicle liability insurance required by State law.

PROCEDURES IN THE EVENT OF AN ACCIDENT WHILE ON DUTY

Render all necessary aid and assistance.

Notify the proper law enforcement agency having jurisdiction.

Comply will all state laws regarding traffic accident reporting and investigation.

Make no statements concerning fault or responsibility for the accident. Do not sign any waiver.

Assist law enforcement personnel in their investigation. Do not speculate about what happened.

Obtain the names, addresses, and telephone numbers of witnesses, if possible.

If not injured, remain at the scene until the investigation is completed.

Notify your supervisor and the Safety Director as soon as possible after the accident.

Providers