Office of Human Resources - New Employee
Arizona Public Service Policy
GET MORE INFOOffice of General Counsel Human Resources | Tempe campus Office of Diversity Purchasing Department Gina Webber |
In accordance with Arizona Revised Statute 38-591, 592, all employees of the state are required to receive a public service orientation within six months after their date of hire, appointment, or election. Attorneys from the three state universities have compiled essential policies and laws related to the proper conduct of business at ASU in this document. Please bookmark this page for future reference
State law 1437 requires that all state employees receive public service orientation. This training at ASU covers policies and laws relating to the proper conduct of business. The law states that training should include the following areas: bribery, conflicts of interest, contracting with the government, disclosure of confidential information, discrimination, nepotism, financial disclosure, gifts and extra compensation, incompatible employment, political activity, public assess to records, open meeting laws, conduct after leaving one's position with the government and misuse of public resources for personal gain.
Policy
information:
Abbreviations used in the following material:
- ABOR - Arizona Board of Regents Policies and Procedures
- ACD - Academic Affairs Policies and Procedures Manual
- CPM - Capital Programs Management Group Manual
- PUR - Purchasing Department Policies and Procedures Manual
- RSP - Research and Sponsored Programs Policies and Procedures Manual
- SPP - Staff Personnel Policies and Procedures Manual
- USI - University Student Initiatives Policies and Procedures Manual
Public Access to Records and Information
(ARS
39-121)
ASU is governed by Arizona public records law. The purpose of
the law is to allow the general public, whose tax dollars support the
university, to scruntize the way we do business. Upon request, inspection of or
copies of most records must be provided except for two categories which are not open to the public:
Student Records
(USI 107-01)
FERPA Federal regulation requires that student records be confidential.
Exceptions:
- Certain academic departments need access.
- Public or directory information - name, address, degree program, telephone number may be disclosed unless the student ask for it not to be released.
- A parent who provides 50% or more financial support to a child who is a student may have access to the student's records. If parents are not providing this support, they are not eligible for access to the records without the student's consent.
Custodian of records/ Direct questions to: Registrar's Office.
Employee Records
(ABOR
6-912, SPP
1101, ACD 811)
Personnel records of employees are private. (Salaries are public record
and may be obtained from the Hayden Library or budget books.)
Direct questions to: Human Resources - HR Partners.
Special considerations :
- (PDP 204) The release of information contained in campus police reports depends on the nature of incident and status of the investigation.
- (SPP1101, FERPA ) Employees and students have the right of access to their own files.
If you receive a request for access to records or information, seek advice on whether to release the information. Legal counsel is available to determine if the information is public; the Registrar can respond to inquiries about student records.
To obtain access to records and information, make a written request to the official custodian of records; if unsure of who the custodian is, the request can be made to the President's Office or legal counsel of the university.
Discrimination
(SPP 101, ACD 401, ACD 403, USI 104-01, USI 304-03)
Illegal discrimination occurs when choices or decisions
are made on the basis of a certain protected characteristic such as race,
religion, sex, sexual orientation, national origin, age, or disability.
Examples:
- During a job interview, you may not ask if a person is married, has children or is disabled. You may state the job requirements and ask whether the person can perform the specific duties. If the applicant has a disability, you may ask if the applicant will need an accommodation to perform the duties.
- Hiring a minority for a position which deals with minority issues cannot be based solely on minority status. The applicant must be qualified; you may require that the applicant have extensive knowledge in appropriate area.
Affirmative action programs
As a federal contractor,
ASU must have an affirmative action plan. Choices in hiring can be made on the
basis of "protected status" when trying to increase representation in areas
wehre a protected class is underrepresented provided the applicant is qualified
for the position. Job recruitment can be targeted to specifically reach
protected classes.
Refer to the Affirmative Action Office for the
established ASU affirmative action plan.
Sexual Harassment
(ACD
402, USI 104-01, USI 304-04)
Sexual harassment is a form of sex discrimination and is
prohibited by university policy. Complaints of sexual harassment should be made
to the Affirmative Action Office which will investigate and work with parties
to resolve the complaint.
Direct questions to: Affirmative Action Office.
Conflicts of Interest
Nepotism
(ACD 515 , SPP 205, ARS 38 - 481, ARS 38 - 502, ARS 38 - 511)
Employees may not hire, evaluate, promote, or influence employment
of relatives. Relatives may work together, but a supervisor cannot make
key decisions affecting a subordinate who is a relative. Relatives include
children, spouses, parents, brothers and sisters, aunts and uncles,
grandparents, and grandchildren. When a potential conflict presents itself, you
must:
- Disclose the relationship to your supervisor.
- Refrain from taking action connected with key decisions regarding this person; another employee at the same or a higher level must be appointed to make key decisions.
Awarding Contracts/Purchasing Decisions
(SPP 802, ACD 204-08 , ABOR
3-801 , PUR
201-01, PUR
205, PUR
301-01, PUR
301-02, PUR
301-03, PUR
103, PUR
502-02)
Arizona law lists prohibitive conflicts and states that
you must disclose in writing and refrain from contracts and
decisions when a conflict involving a substantial interest exists. Purchasing
departments have disclosure forms.
Definition of substantial interest: Any interest that is not a remote interest as defined by law and university policy. Substantial interests generally involve pecuniary or proprietary interests. For example:
- Substantial interest in stock would be ownership of more than 3% of the shares of a company and/or more than 5% of your income is derived from this interest.
- If you work in the area of scholarships and have a son or daughter applying for a scholarship, you may not serve on the committee that reviews your child's application.
Contracts are subject to cancellation if conflict of interest is determined.
Policies on Gifts from Vendors
( SPP 813, PUR 104, ACD 204-06, COM 304)
Employees are permitted to accept nominal gifts and/or promotional
materials from vendors. There is no specified dollar limitation. Purchasing
directors should be consulted to determine is a gift is acceptable. For
example:
- Occasional lunches, free note pads, pens, etc. are acceptable
- Expensive event tickets, airline tickets, and gifts of office furniture are not nominal and cannot be accepted.
Direct questions to the Purchasing Department.
Contracting by the Government
Contract/Acquisition Process
(PUR
303-04, PUR
306-01, PUR
306-02, CPM
306-07)
Contracts of $25,000 and over must be made through a
formal bidding process. A set of required specifications are developed and made
available to potential bidders with sufficient time for them to bid.
Special consideration:
(ABOR
3-103, PUR
202)
- Only a limited number of people have authority to sign a contract binding the university. A person signing a contract without appropriate authority could be legally held personally responsible for the contract.
The Purchasing Department establishes procedures which must be followed at all times. Direct questions to the Purchasing Department.
Misuse of University Assets
(SPP 812, ACD 123)
Employees and students may not misuse university assets and have a responsibility to report activities or incidents that appear to be a misuse of university assets. University assets include money, equipment, supplies, furniture, electronic resources, software, tools, vehicles and paid employee time. Misuse includes using university assets for personal or non-ASU purposes, fraud, theft, and embezzlement. If there is a finding of misuses of university assets, then appropriate disciplinary action will be initiated.
Direct questions to: Human Resources, ASU Department of Public Safety, Internal Audit and Management Services, Office of General Counsel.
Violence in the Workplace
(SPP 814)
Acts of intimidation, including menacing and harassing behaviors, threats of violence and acts of violence committed against any person in the workplace is prohibited. Weapons as defined by statute are banned from ASU premises unless written permission is given by the ASU Department of Public Safety. Incidents and allegations of violent or threatening conduct by an ASU employee must be reported to ASU DPS. Violations of this policy will result in appropriate disciplinary action.
Direct questions to: Human Resources, Employee Assistance Office, ASU Department of Public Safety or an ombudsperson.
Whistle Blowing
(SPP 316, ACD 204-07, ABOR
6-914)
Whistle blowing is protected under Arizona statute as
well as university policy. Employees may not be disciplined for disclosing
information to a public body regarding a violation of law, gross waste of
public funds, or abuse of authority.
Employees wishing to report such activity should do so to a vice
president.
Direct questions to: Human Resources - HR Partners.
Political Activities
(ABOR
6-905, ACD
205-01 , ACD
205-02, SPP
813)
As a university employee, you can lawfully:
- Run for public office.
- Campaign for others on your own time.
- Lobby on your own time, but you must your interest from that of the public agency; you must represent only your position and not suggest you represent the position of ASU.
A public employee, except faculty, may not serve on the legislature without resigning the public position or taking a leave of absence. Faculty may serve without resigning their positions at ASU.
Institutional lobbying
(ARS
41-1231)
Lobbying is defined as attempting to influence the passage or
defeat of any legislation. ASU is required by state law to register its
designated public lobbyist and all authorized public lobbyists with the
Secretary of State. All lobbying on behalf of ASU must be coordinated through
those individuals. There is an exemption in the law for persons who appear
before the Legislature on their own behalf in support of or in opposition to
legislation. Such individual lobbying must be conducted on personal time
without institutional subsidy or support.
Open Meeting Laws
(ARS 38-431)
Arizona Board of Regents (ABOR)
Meetings of the Arizona Board of
Regents are subject to the State's open meeting law. The Board must therefore:
- Post agendas 24 hours in advance.
- Make all decisions and take all actions in the open sessions of meetings. (ABOR may hold closed sessions for certain discussion purposes. No votes or actions however can be taken in these sessions.)
University Meetings
(STA 502-05)
University meetings
are not subject to the open meeting law unless they involve a committee
appointed by the ABOR or a committee that advises the Board.
By tradition, Faculty and Academic Senate meetings are open to the public. Meetings in which discussion occurs regarding individual students' educational information, individual personnel matters, and other topics which are confidential in nature must be conducted in closed meetings.
Outside Employment
(SPP 312, ACD
510-01)
Each university has its own internal rules regarding outside
employment. In general, employees may work elsewhere as long as their outside
employment does not interfere with their positions at ASU.
Exception: Tenured and tenure-track faculty or continuing status and
probationary academic professionals employed in institutions in the Arizona
University System may not be simultaneously employed in similar capacities in
any other post-secondary institutions. This restriction does not preclude brief
consulting or research efforts that are conducted in accord with the provisions
stated in ACD 510-01.
- you may not make use of confidential information gained in your position at the university
- there are restrictions on representing another entity before the ABOR.
Computer, Internet, and Electronic Communications
(ACD 125)
Defines the acceptable use of ASU computing and communication resources, including computers, networks, electronic mail services, electronic information sources, voice mail, telephone services, and other communication resources. In addition, this policy reflects the goal of ASU to foster academic freedom while respecting the principles of freedom of speech and the privacy rights of ASU students, faculty, employees, and guests.
ASU’s computing and communication resources are the property of ASU. They are to be used for the advancement of ASU’s educational, research, service, community outreach, administrative, and business purposes.
Reference Check and Background Verification
(ACD 126, ABOR 6-709, ARS § 15-1649)
In order to create a safe and secure work and learning environment and to ensure that Arizona State University (ASU) employees are qualified to perform the jobs for which the university hires them, ASU will conduct a pre-employment reference check and a background investigation for the final candidate(s) applying for an open position at the university.
An additional level of background investigation requiring a fingerprint check will be conducted for positions designated as security or safety-sensitive, as well as for such other designated positions as appropriate.
Employment is contingent on the successful completion of the background-check process. ASU may refuse to hire the finalist, may rescind an offer of employment to a finalist, or may review and terminate the employment of a current employee not successfully completing the background-check process.