Staff Personnel Manual (SPP)

Effective: 7/1/1984

Revised: 7/1/2011

SPP 302: Conditions of Administrative Service at ASU

Purpose

To define the appointment process for administrative employees and to set forth the conditions of administrative service

Sources

Arizona Board of Regents Policy Manual - 6–101, –102, –911

University policy

Applicability

Administrative employees

Policy

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General

Policy for Administrative Employees

The Conditions of Administrative Service shall constitute the policy under which administrative employees of the Board of Regents are employed. Each notice of appointment for administrative employees shall incorporate this policy by reference and shall provide that acceptance of the notice of appointment constitutes recognition that this policy constitutes the conditions of employment. The board shall not be bound by, nor does it adopt or incorporate herein, the interpretations, policies, or recommendations of other organizations.

Authority

The board is charged by law to exercise control and supervision of the state universities and their property. Any authority delegated by the board is always subject to the ultimate authority of the board. The board retains the right of periodic review and modification of all aspects of governance of the universities, and the right to enact such rules, regulations, policies, and orders as it deems proper.

Dual Appointments

Individual administrative employees may hold dual appointments, only one of which may be to a position subject to the Conditions of Administrative Service.

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Appointments

Approvals

The president shall establish procedures for securing recommendations for appointment to administrative positions. Appointments may become effective when approved by the president but require approval or ratification by the board. Except in extraordinary circumstances, the president shall obtain the board’s approval before the effective date of an administrative appointment.

Appointments to administrative positions shall become effective only when approved by the president.

Yearly Appointments

All administrative employees filling a regular line in the university budget shall receive a notice of appointment for each fiscal year beginning July 1 for each academic year beginning on or about August 15, or a portion thereof. Appointments and reappointments shall not be for more than one fiscal year. No oral or written communication made prior to or after the execution of a notice of appointment that is inconsistent or in conflict with the Conditions of Administrative Service shall become a part of the conditions of employment.

Appointments Dependent on Nonstate Funding

Appointments that are dependent for continuation on funding from a specific source other than state appropriations shall so state in the notice of appointment and may terminate when the funding is no longer available.

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Compensation

Salaries

Salary ranges for administrative positions are set by the board. The president may set individual salaries within those ranges or as otherwise approved by the board. Salary rates for reappointments will depend upon available funding. Merit raises may be allocated by the president within the limitation of available funds.

Fringe Benefits

Certain fringe benefits are made available to all state employees and are subject to change by the legislature or the board.

Outside Activities and Supplementary Compensation

Policies governing outside activities and supplementary compensation are administered by the university.

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Employment-Related Benefits

The board has provided various benefits, such as the Medical Service Plan, which are a part of the employment relationship. Changes to such policies pertaining to benefits will be made by the board normally to be effective at the start of the succeeding appointment period. Additional benefits may be added to be effective as determined by the board.

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Duties and Responsibilities

Assignment by the President

Duties and responsibilities of an administrative employee shall consist of those assigned by the president. All duties and responsibilities shall be carried out under the direction of the president, who may alter or amend assigned duties or change titles at any time.

Evaluation by the President

Performance of assigned duties by administrative employees shall be subject to evaluation by the president, and performance shall be considered in decisions relating to compensation, retention or termination, or a decision not to reappoint.

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Reappointment

Authority of the President

Decisions relating to reappointment shall be made in accordance with university rules and procedures developed by the president. The decision of the president not to reappoint is final.

Continued Employment

An administrative employee has no expectation of continued employment and shall not be entitled to a hearing following or prior to a decision of nonreappointment. An administrative employee whose appointment is not renewed shall not be entitled to a statement of reasons for that action. It is strongly recommended that reasons be given orally. If requested by the administrative employee, reasons may be given in writing with the approval of the appropriate vice president and after review by University General Counsel.

Notification of Nonrenewal

Administrative employees shall be given a 90-day written notification of nonrenewal within the period of the appointment. If notice of nonrenewal is given within the appointment period but less than 90 days prior to the end of an administrative employee’s appointment period, the employee shall be entitled to continuation of salary for 90 days from the date of notification.

Failure to provide an administrative employee with notice of nonrenewal within the period of appointment will result in automatic renewal of appointment.

During the period between notifying an administrator of nonrenewal and the end of the appointment period, the administrative employee may:

1. continue to work in the current position
2. be assigned to work in another position (any such reassignment must be approved by the responsible vice president or designee)
3. be released from duties with pay

   or

4. voluntarily resign.

The vice president is to notify orally the president of the university or designee of the action before the effective date of leave with pay. If action must be taken before notification, the vice president should notify orally the president or designee as soon as possible thereafter.

In addition, outplacement services may be made available through the Human Resources Department to assist the administrator with finding alternative employment. Funding for outplacement is the responsibility of the respective vice president.

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Termination and Release

Reasons for Termination

Administrative employees may be removed by the president from their administrative assignment any time, but may not be terminated during an appointment period without cause, except as set forth in “Release due to Financial Emergency” below.

Causes for termination may include, but are not limited to, incompetence or dishonesty in professional activities; any false statements, misrepresentation, or omission of requested information for employment; neglect of properly assigned duties; or personal conduct that impairs the individual’s fulfillment of properly assigned duties and responsibilities.

Incapacity (physical or mental) to perform properly assigned duties shall also be considered as cause with due consideration given to the nature and duration of the incapacity.

Administrative employees who are terminated for cause (or resign in lieu of termination) will not be considered eligible for rehire, absent an administrative determination made by HR in consultation with the terminating department.

An administrative employee who is terminated for cause during the appointment period may, within five working days after receipt of notice of termination, submit a written request for a hearing to the president. The president will appoint an ad hoc hearing committee of at least three members, including at least one administrator, to conduct a hearing and to submit a report and recommendation as soon as possible after the hearing is completed. After reviewing the hearing committee’s report, the president will either affirm, rescind, or modify the termination decision and will forward a written decision to the administrator and appropriate vice president, as soon as possible after reviewing the committee’s report and recommendation. Within 15 days after receipt of the president’s decision, the administrative employee may submit a written appeal of the president’s decision to the board. The board’s decision will be final.

The ad hoc hearing committee may follow the procedures set out in SPP 901, “Grievance Process,” except that every effort will be made to complete the entire process (i.e., hearing, hearing report, and president’s final decision) within a 30-day period following receipt of the initial notice of termination by the administrative staff member.

Suspension with Pay

An administrative employee may be suspended with pay if the president, provost, vice provost, or vice provost for administration in their respective areas determines that:

1. the continued presence of the employee on the campus may constitute a substantial interference with the orderly functioning of the university or of a substantial area, unit, college, or department of the university
2. there is a need to initiate and complete an investigation regarding actions by the employee that may lead to discipline (during the appointment period)

   or

3. actions have been directed toward the employee by another person that affect or potentially affect the employee’s well-being and that require resolution.

Release due to Financial Emergency

Administrative employees may be released before the end of the appointment period, if the board declares a financial emergency.

Release due to Budget Constraints

As modified by the Arizona Board of Regents’ resolution dated April 7, 2011, for fiscal years FY2012 and FY2013, an administrative professional can be released, due to budget constraints, upon 90 days’ notice at any time in the appointment term, as noted below, if the employee’s Notice of Appointment states this specific exception.

1. Release for budget constraints under this exception shall only be available upon a written determination by the president or, if so designated, by a university executive vice president following consultation with the university’s chief financial officer and with the university general counsel that the release is necessitated by budget constraints.
2. The decision of the president or the executive vice president regarding the need for release for budget constraints is final.

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Implementation

The president shall establish such additional policies and procedures consistent with this policy as may be needed to carry out the Conditions of Administrative Service.

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Severability

If any section, paragraph, subdivision, clause, sentence, or phrase of this policy shall for any reason be held illegal or unenforceable, such decision shall not affect the validity of the remaining portion of the policy. If any provision of this policy contains an ambiguity, which may be construed as either valid or invalid, the valid construction shall prevail.

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Appointment to Administrative Positions

The president of the university is responsible for the assignment of persons to administrative positions. Assignments to administrative positions shall not be made for a period longer than one year nor extend beyond June 30, and assignments may be terminated by the president at any time without cause or explanation.

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Reclassification or Transfer to a Classified Position

If an administrative position is reclassified to a classified position or an administrative employee transfers to a classified position, all terms and conditions of classified regular employment will be accepted including probation and participation in the Arizona State Retirement System.

Cross-References

See also the Academic Affairs Policies and Procedures Manual:

1. ACD 505–05, “Faculty and Academic Professional Administrative Appointments”

   and

2. ACD 504, “Conditions of Administrative Service at ASU.”

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