Administrative Policies And Procedures

COLLEGE EMPLOYEES

A college employee is any person other than an independent contractor or consultant who is under the authority and in the paid service of Lamar State College-Orange. Lamar State College-Orange is under the jurisdiction and control of the Board of Regents of The Texas State University System, other than independent contractors or consultants.

Faculty - An employee with a specified academic rank holding a teaching appointment for a fixed term as determined by the President of the College and approved by the Board of Regents.

Staff Employee - Any employee other than a faculty employee.

Unclassified (professional) staff employee - Includes administrative officers and other administrative and professional personnel who are serving without fixed terms and who are not included in Lamar State College-Orange’s classification plan.

Classified staff employee - Includes those personnel who are appointed without fixed terms to those job classes in Lamar State College-Orange’s classification plan which require similar duties, skills, and qualification including but not limited to secretarial, clerical, technical, paraprofessional, protective service, skilled crafts, and labor/service/maintenance.

Administrative Officers - Vice presidents, deans, and other administrative personnel with delegated executive authority as determined by the President. The President shall file with the System Administrative Office the title of any administrative personnel other than Vice Presidents and Deans to whom executive authority has been delegated.

Student - Any employee filling a position requiring student status. Student employees are ineligible for benefits other than workers' compensation and are not covered by the provisions of this Administrative Policies and Procedures Manual. Student employees are limited to 20 hours per week when school is in session.

Regular - Any employee holding a non-student position working at least 20 hours a week for four and a half months or more. Regular employees are eligible for all benefits.

Full-time - Any employee with an appointment or number of appointments employing the individual for 40 hours per week or 1 FTE (Full Time Equivalent.

Part-time - Any employee whose appointment or appointments employ the individual for less than 40 hours per week.

Temporary - Any employee whose appointment is for less than 4-1/2 months.

Non-exempt - Any employee whose position falls within the guidelines established by the Fair Labor Standards Act. Non-exempt employees are subject to overtime provisions of the FLSA. All positions in the classified pay plan are non-exempt.

Exempt - Any employee whose position falls outside the guidelines established by the Fair Labor Standards Act. Exempt employees are not subject to overtime provisions of the FLSA. All Faculty and Administrative/Executive positions are exempt. Some professional positions are exempt.

Hourly - Any non-student employee whose pay is based on an hourly rate. Appointments are normally temporary unless specifically approved by the appropriate Dean or Vice President. In no case should an hourly employee be allowed to gain regular status.

Trainee - In certain isolated instances new hires may be designated as trainees and hired at rates below the entry level for the classification. In such cases, formal training schedules will be established leading to completion of training and salary increase to entry level by the end of the training period. The Approval of trainee positions, and the training schedule is made by the Human Resources Office.

Retiree - Any employee who has discontinued employment subject to retirement contributions under a state plan and is receiving, or is eligible to receive, a benefit under a state retirement plan.

FACULTY

The Texas State University System Board of Regents strongly desires to maintain learned faculties who, by precept and example, will instruct and inspire their students and reflect credit upon the university. The Board encourages scholarship, creative activity, research, and public service but reaffirms that the primary goal of each faculty member shall be to attain a greater proficiency in teaching.

STAFF

All appointments to staff positions shall be made on the basis of bona fide occupational qualifications and in accordance with established federal, state, and campus policies and regulations.

All new staff employees will be required to serve a six-month probationary period. During this period the probationary employee will be ineligible to take any accrued vacation leave and will be expected to make reasonable progress in the performance of job duties. Probationary employees who are terminated or otherwise disciplined are ineligible to file formal grievances.

All newly appointed personnel must come by the Human Resources Office to complete their processing. Each benefits eligible employee must attend a New Employee Orientation by Human Resources Office staff.

FACULTY PROMOTION

The academic promotion of a faculty member is discretionary on the part of the President of Lamar State College-Orange and the Board of Regents. Faculty members do not have an entitlement to a prospective promotion rising to the level of a property interest, and the denial of a prospective promotion is not sufficient to constitute a liberty issue.

No commitment, implied or otherwise, shall be made by any individual regarding faculty promotions without the prior written approval of the President, and all faculty promotions shall be subject to the approval of the Board of Regents.

Faculty members who are not recommended for promotion shall not be entitled to a statement of reasons for the decision against recommendation. However, nothing herein shall prohibit a supervisor from offering suggestions for a program of professional development in teaching, scholarly or creative work, and leadership or service that may enhance the likelihood of promotion in the future.

The President shall develop minimum expectations and guidelines to be used in the evaluation of faculty in promotions, salary increases, re-appointments, promotions, and tenure. Such guidelines shall include but not be limited to:

(1) Teaching in the classroom, laboratory, or seminar room;

(2) Studying, investigating, discovering, and creating;

(3) Performing curricular tasks auxiliary to teaching and research, e.g., serving on faculty committees, attending to administrative and disciplinary tasks, and promoting diligence and honest work in the student body;

(4) Advising and counseling of students, including the posting or publishing of office hours in such a manner as may be required by the President;

(5) Influencing beneficially students and citizens in various extracurricular ways.

A faculty member becomes eligible for promotion by meeting or exceeding these criteria, although such eligibility shall not entitle him or her to a promotion.

A faculty member shall not be entitled to a statement of reasons for denial of promotion or to a hearing to review or appeal such denial, unless he or she submits in writing to the President factual allegations that the denial constitutes a violation of a right guaranteed by the laws or Constitution of the State of Texas or of the United States and requests an administrative hearing to review these allegations. The allegations shall be heard under the same procedures as in the case of dismissal for cause, with the exceptions applicable to non-tenured faculty who are not re-appointed.

STAFF PROMOTION

A promotion is defined as a change in duty assignment of an employee within the college from a position in one classification to a position in another classification in a higher salary group requiring higher qualifications such as greater skill or longer experience, and involving a higher level of responsibility. When an employee is promoted, an increase in salary of at least one step or to the entry step of the higher classification whichever is greater is required.

Where a qualified employee within a department is available, a department head may request approval from the President for a promotion from within to a vacancy or new position.

STAFF DEMOTION

Demotion means a change in duty assignment of an employee from a position in one classification to a position in another classification in a lower salary group. The salary of a demoted employee will be reduced at least one increment below the employee’s salary prior to the demotion.

A transfer is a movement from one department to another and to a classification with the same or lower title and qualifications. Employees who have served less than six months in their present position will normally not be allowed to transfer without the approval of both the gaining and losing department. Normally, no change in salary is required in a transfer. In certain cases, a transfer may require a lower salary.

The Human Resources Office will be responsible for the development and maintenance of a schedule of compensation for all affected positions.

All classified, non-exempt classifications will be assigned a salary range based on factors such as State of Texas pay rates for similar positions, labor market surveys, and existing salary and budget considerations. New hires will normally be hired at the entry-level step of the salary range. Employees receiving a salary beyond the established maximum will be "red-circled" and ineligible for any pay increases other than legislatively mandated increases.

Unclassified, exempt classifications are not assigned a specific salary range. Actual salaries are based on labor market rates, existing salary, and budget considerations, and are flexible in being set on the basis of qualifications.

The Human Resources Office will, as a part of the annual budget cycle, develop and publish a Pay Plan containing listings of all approved classifications and the corresponding rates of pay for classified positions. The President must approve any changes made to the Pay Plan during the year or an official designated by the President to have the authority to approve the changes.

Recommendations for the changes in rates of pay for individual employees will normally be made during the Budget Cycle. These include merit or equity types of raises. These will be effective September 1 of each new fiscal year. Guidelines for such raises will be established as part of the budget cycle each year.

Raises given during the fiscal year will be approved through administrative channels and will be effective at the beginning of the appropriate month.

Employees temporarily assuming different or additional duties due to a vacancy or absence in another position will normally not receive any additional compensation. Employees officially designated as serving in an "acting" capacity may, with Presidential approval, receive additional compensation.

The 76th Legislature added a provision allowing an institution of higher education to compute an employee’s equivalent hourly rate of pay for a given month by dividing the employee’s annual salary by 2080, the number of working hours in the standard workweek.

LONGEVITY PAY

The 79th Legislature, Regular Session, increased the amount and frequency of longevity pay with certain exceptions for return-to-work retirees. Regular full-time, non-academic employees may qualify for longevity pay at the rate of $20 per month for every two years of lifetime service accrued as an employee of the State of Texas up to and including 42 years of service. A qualified employee is eligible for pay after two years of service and will receive pay increases after each additional two years of service.

An employee’s status at the beginning of the month determines the longevity pay for that month. An employee who is on leave without pay (or has not started working) on the first workday of the month is not eligible for longevity that month.

1. ELIGIBILITY

Regular, full-time non-academic employees are entitled to longevity on the completion of two years of state service. A regular, full-time employee is defined as one who is appointed at 100% for a period of at least four and one-half months. For the purpose of determining eligibility for longevity pay, a non-academic employee is defined as one who is not engaged in teaching academic courses for any portion of the month involved, and/or whose salary is for any portion of the month involved, not paid from faculty salary appropriations.

2. CREDITABLE SERVICE

For purposes of determining years of State service of an employee for longevity pay, all prior employment with an agency of the State of Texas shall be counted. This does not include service in independent school districts or community colleges. Prior service is to be counted regardless of method of payment, length of appointment, FTE, continuity of service, or prior eligibility of longevity. One month of service is to be counted for each month or fraction of a month of state employment. In no case shall more than one month of credit be granted for a single calendar month.

3. SERVICE AWARDS

The Staff Service Awards shall be a means of recognizing staff for service to Lamar. The awards program will recognize employees with 5, 10, 15, 20, 25, 30, 35 and 40 years of service. Service pins are typically awarded in May for the current fiscal period.

Regular, full-time non-academic employees are eligible for service awards. All Lamar service will count regardless of method of payment, length of service, or FTE.

 

For return-to-work retirees, there are certain exemptions related to eligibility for longevity pay. If retired from state employment on or after June 1, 2005 and the retiree returns to state employment at any time then effective September 1, 2005, the employee is ineligible for longevity pay. If retired from state employment before June 1, 2005, and the retiree returns to state employment on or after September 1, 2005, then effective September 1, 2005, the employee is ineligible for longevity pay.

If retired from state employment before June 1, 2005, and returns to work before September 1,2005, but later terminates employment and returns a second time then effective September 1, 2005, the employee is no longer eligible for longevity pay.

If retired from state employment before June 1, 2005, and returns to work before September 1, 2005, then effective September 1, 2005, the employee will be eligibile for longevity pay, but that longevity pay is then limited to the amount of longevity pay the employee was entitled to receive immediately before September 1, 2005.

HAZARDOUS DUTY PAY

Commissioned law enforcement personnel are eligible for hazardous duty pay of $10 per month for each year 12-month period of lifetime service credit not to exceed $300 per month. The calculation of hazardous duty pay is based upon the number of years worked in a position requiring hazardous duty.

If an employee is receiving longevity pay and transfers to a position requiring the performance of hazardous duty, the employee will receive the hazardous duty pay based upon the number of years in the position requiring hazardous duty. The employee will continue to receive longevity pay based upon the years worked in the non-hazardous duty position.

If an employee working in a position requiring hazardous duty transfers to a position that doesn't involve hazardous duty, the employee will no longer receive hazardous duty pay. The employee will receive longevity pay based on the total years of service for the State, including those requiring the performance of hazardous duty.

OVERTIME/COMPENSATORY TIME

Non-exempt employees subject to FLSA are entitled to compensation for any hours worked in excess of 40 in one workweek in one of the following ways:

1. The agency can allow or require the employee to take compensatory time off at the rate of 1.5 hours for each hour over 40 worked during the work week, or

2. When granting compensatory time off is not practical, the employee can receive 1.5 times his normal rate of pay for each hour worked over 40 during the week. Payment for overtime hours in lieu of time off is granted at the discretion of the employing agency.

The 76th Legislature added provisions that allow part-time FLSA exempt employees to accrue compensatory time when the number of hours worked plus holiday or other paid leave taken during that week exceeds the number of hours that the employee was designated to work.

Non-exempt employees may accumulate an overtime credit up to 240 hours of FLSA overtime.

The Human Resources Office is responsible for determining which classifications are exempt from the overtime provisions using the guidelines promulgated by the U.S. Department of Labor. Normally, all classified positions in the Pay Plan are non-exempt.

Non-exempt employees who have earned overtime will normally be given compensatory time off. In certain instances it may be determined that overtime pay in a lump sum is more practical. Such payment will be done via an F3.2 and be given a position number. Only in the case where overtime is paid is it unnecessary to note earned overtime on the F3.6 (Vacation and Sick Leave Form). Overtime earned and Overtime taken must have prior approval using the Request for overtime/leave form (F3.6A).

Employees are required to use accrued compensatory time during the pay period in which it was earned. In those instances where this is impractical, or to do so would unduly interfere with the orderly operation of the department, an additional 60-day period may be granted. The appropriate Vice President must grant exceptions.

Employees may not take and earn compensatory time within the same workweek.

No employee, whether or not subject to FLSA, shall accrue state compensatory time for work conducted at any location other than the employee’s regular place of employment or assigned duty point. In no event shall an employee’s personal residence be deemed to be that employee’s regular place of business or duty point for the purpose of this subsection.

Non-exempt employees who travel to and from (and attend) training, workshops, etc. required by the employer are eligible to accrue compensatory time.  Supervisors may make adjustments to the employee’s normal work schedule for the week in lieu of compensatory time whenever possible. Exempt employees are not eligible to accrue compensatory time.

There are two types of compensatory time off:

1. Fair Labor Standards Act overtime is accrued at a rate of 1.5 hours for every hour worked over 40 in a workweek.

2. State compensatory time off is accrued at the rate of 1 hour for every hour in excess of 40 hours earned through a combination of paid leave, paid holidays, and hours worked after subtracting any FLSA overtime hours worked.

Calculating Compensatory Time:

State Compensatory Time = Total hours "worked" in work week + leave taken - 40. (If over 40 hours subtract 40 and use for FLSA Compensatory time.

FLSA Compensatory Time = Total Hours "worked" in work week - 40 x 1.5.

Combination of State and FLSA = Actual hours worked - 40 = FLSA(x1.5). Hours of leave used - FLSA = State (1).

Terminating employees must be paid for unused FLSA overtime hours.

Unused state compensatory time hours will not be paid to terminating employees. Nor will the estate of deceased employees be paid for earned but unused state compensatory time. Employees transferring to another agency may not transfer earned but unused compensatory time. A section has been added to the Government Code that requires agencies to accept state comp time balances when an employee transfers in because the legislature has transferred the employee’s duties to the new agency. If the employee is required to apply for the position, this provision does not apply.

The State Auditor’s Office has determined that agencies may require employees who have requested leave to exhaust their compensatory time balances before using annual leave. The 76th Legislature requires agencies annually notify their employees of the state’s policy on compensatory time and to accommodate to the extent practicable an employee’s request to use accrued compensatory time.

The 77th Legislature authorized employees of institutions of higher education who have appointments to more than one position at the same institution to receive pay for working more than 40 hours in a week if the institution determines that pay in lieu of compensatory time is in the best interests of the institution.

Full-Time Faculty Salaries

Nine month contracts may be paid over nine or twelve months, at the option of the faculty member. Once a payment option is chosen, that method will remain in effect until a written request to change is submitted. New faculty and returning faculty desiring to change the method of payment must provide a written request prior to September 15 to the Human Resources Office. (Form is available in the Human Resources Office). For new faculty members, if no method is chosen, the nine-month contract will be paid over nine months. The payment method is irrevocable during a fiscal year; all changes must be made at the beginning of the next fiscal year. Faculty members are responsible for reviewing their wage statement to assure that the correct method is being used. (Faculty contracts for less than nine months cannot be paid over twelve months.)

Faculty members with nine-month contracts paid over nine months who do not teach during the summer are required to pay their employee costs of insurance during the summer months. Failure to pay these amounts will result in cancellation of insurance.

Faculty members with nine-month contracts paid over twelve months who resign at the end of the spring semester will be paid in lump sum for the balance of their contract.

Part-time and Overload Salaries

Part-time and overload salaries are spread over 4.5 months for fall and 4.5 months for spring. In the fall, checks are distributed on the first working day of October (1), November (1), December (1), January (1), and February (.5). In the spring, checks are distributed on the first working day of February (.5), March (1), April (1), May (1), and June (1).

Part-time and overload salaries are spread over 1.5 months for summer sessions. Summer I is distributed on the first working day of July (1) and August (.5). Summer II is distributed on the first working day of August (.5) and September (1).

Substitute part-time Salaries

Whenever a faculty member is unable to meet his/her regularly-scheduled classes for more than two consecutive class periods, a substitute will be paid to cover the classes. Substitutes will be reimbursed at the rate of $25.00 per teaching hour. The Office of Academic Affairs will process the F3.2 for pay.

The faculty member is obligated to notify the Division Chair as early as possible so arrangements can be made for classes. It is the Division Chair’s responsibility to identify the substitute. The faculty member will provide a lesson plan for each class missed.

The substitute must complete the paperwork required of all Lamar faculty.

Benefits-eligible Faculty

Faculty accruing sick leave must use sick leave to cover absences due to sickness. Faculty missing a full day will be charged eight (8) hours of sick leave. Faculty missing a partial day regardless of the number of scheduled classes and/or office hours will be charged four (4) hours of sick leave. Keep in mind that faculty duties include more than teaching classes. Office hours, committee work, and other duties are part of the faculty job description and are considered when assessing sick leave.

In the event the faculty member does not have enough sick leave to cover the total absence, he/she will be required to take leave without pay.

Non Benefits-eligible Faculty

Any non benefits-eligible faculty member who misses classes may have their pay reduced for that course.

A System of “merit salary increases” generally permits the movement of employees’ salaries to higher numbered steps within a salary group. State agencies with appropriations for classified salaries may grant merit salary increases to classified employees “whose job performance and productivity are consistently above what is normally expected or required.”

Merit increases, unlike promotions, are meant to reward an employee’s performance while doing the same job. If an agency deems an employee deserving, that employee may receive merit salary increases in each

year of a biennium. Merit increases do require authorization and/or funding in the Appropriations Act. Specific funding for merit increases is not provided for in the Appropriations Act. Effective January 1, 2004, (S.B. 1652, 78 th Legislature) institutions are granted authority to use funds appropriated for an across-the-board salary increase for merit increases if the institution has a pay-for-performance program in effect when the appropriation for an across-the-board salary increase takes effect.

To be eligible for a merit salary increase, an employee must meet the following criteria:

the employee must have been employed by the agency in a classified position for at least six continuous months prior to the award, excluding any full calendar months of leave without pay

at least twelve months must have elapsed since the employee’s last promotion, demotion, or merit salary increase; and

agency criteria for granting merit salary increases must include criteria and documentation to substantiate the granting of more than a one step merit salary increase.

(General Appropriations Act, art. IX)

H.B. 3442, 78 th Legislature, establishes management-to-staff ratios for agencies that employ more than 100 full-time equivalent employees. The management-to-staff ratios must be achieved on an implementation schedule as follows: 1:8 after March 31, 2004; 1:9 after August 31, 2004; 1:10 after August 31, 2006; and 1:11 by August 31, 2007.

Lamar State College-Orange encourages all employees to continue their education.  As an incentive, full-time non-probationary staff will be rewarded for earning an additional degree from an accredited institution. 

The incentive will be paid only for the highest degree earned if multiple level degrees are earned at the same time.  However, if an employee earns two or more degrees at the same level but in different disciplines, the incentive will be paid for each degree. 

Staff will receive a one time incentive payment in recognition for attaining the additional degrees as listed below:

               Associate degree                       $250

               Bachelors degree                       $500

               Masters degree                           $750

               Doctorate degree                       $1000

An official transcript is to be provided to the immediate supervisor upon attaining the degree.  The supervisor will then process the paperwork for a one time pay for the appropriate amount.  The transcript along with the F3.2 should then be forwarded to the Human Resources Office.  After the pay is processed, the transcript will be included in the employee’s personnel file.

This policy goes into effect September 1, 2005.

Lamar State College-Orange is committed to supporting the educational mission of the institution through the efficient recovery of services after an emergency, disaster, crisis, or threat.

Emergency Management Team (EMT):

The Emergency Management Team will be assembled should the President (or designee) determine the situation has had a wide-ranging or long lasting effect. The team may consist of the following individuals as identified in the Emergency Management Plan:

President

Vice President for Academic Affairs

Vice President for Student Services

Vice President for Finance and Operations

Director of Development and Security

Director of Physical Plant

Coordinator of Information Services

The Emergency Management Team will designate the "Key Essential Personnel" with the responsibilities of the Incident Response Team (IRT) as identified in the Emergency Management Plan.

Key Essential Personnel are employees that will be the first responders for the campus. They will be called upon to return to campus immediately following an emergency or they will set up temporary operations at another site.

Compensation

Employees that are designated as "Key Essential Personnel" will receive additional compensation as follows:

Non-Exempt employees will be paid straight time for hours worked up to 40 hours and time and time and one half for hours over 40 within the work week.

Exempt employees will be paid straight time for actual time worked.

Expenses

"Key Essential Personnel" will receive reimbursement for lodging, meals, and mileage incurred during this time in accordance with the campus travel policies.

Providers