For future reference, please use this guideline as an addition to Section
152 of the NDSU Policy Manual which is available at
http://www.ndsu.edu/policy/
Section 151 of the NDSU
Policy Manual details potential conflicts of interest which can
occur during consulting activities.
The North Dakota State University policy handbook regulations
concerning consulting and outside activities are relatively easy to
interpret. In some cases however, faculty and staff with extension
appointments, may find these regulations somewhat more difficult to
interpret due to conflict of interest concerns.
Extension is the outreach educational unit of the university.
Extension activities require considerable interaction with the
public, public institutions and commercial concerns. This makes it
difficult to determine where normal extension responsibilities end
and where an outside consulting responsibility might start.
The following is intended to clarify the conflict of interest policy
for NDSU Extension Service employees.
A. CONSULTING FOR PAY
An extension employee may do outside consulting for pay providing
that:
1. A university consulting form is completed and signed by the
appropriate Department head or District Director in addition to
others identified on this form.
2. The outside consulting activities are not likely to be construed
as a conflict of interest.
3. The outside consulting is not likely to create a public relations
problem for the extension service or for the university.
4. The consulting work is not something which is performed on a
regular, ongoing basis.
5. The consulting work does not exceed allowable number of days in
the NDSU Policy manual (an average of one day per week for the
contract period).
6. The consulting work is not something which could be construed as
being part of the extension employee’s normal job responsibility.
7. While consulting or soliciting consulting work, the staff member
shall not identify himself/herself as representing the extension
service or the university, the impression shall not be given that
the extension service endorses or approves of the activity, and the
official extension stationery or the official university address
shall not be used for correspondence relating to consulting
activities.
B. OWNERSHIP OR OPERATION OF A FARM OR OTHER BUSINESS
An extension employee may be involved in the ownership of a farming
or other outside business operation providing that:
1. The Director or his/her designee is notified of the ownership of
outside farming or business operations.
2. The outside ownership is not likely to be construed as a conflict
of interest.
3. The outside ownership and/or operation is not likely to create a
public relations problem for the extension service or for the
university.
4. All time spent on the farming or business operation is done on
the employee’s own personal time (i.e. after business hours,
vacation or other approved leave time.)
5. The operation of the business does not constitute an unfair
competitive advantage to other businesses because of special
knowledge available due to the employee’s extension job
responsibilities.
C. TRADING IN AGRICULTURAL OR OTHER COMMODITIES
An extension employee may trade in agricultural or other commodities
providing that:
1. The Director or his/her designee is notified about the trading of
agricultural or other commodities if such transactions could create
an actual or perceived conflict with an employee’s job assignment.
2. The outside trading of agricultural or other commodities is not
likely to be construed as a conflict of interest.
3. The outside trading of agricultural or other commodities is not
likely to create a public relations problem for the extension
service or for the university.
4. All time spent in trading agricultural or other commodities is
done on the employee’s own personal time (i.e. after business
hours, vacation or other approved leave time).
5. The trading of agricultural or other commodities does not
constitute an unfair competitive advantage over other persons or
businesses because of special knowledge available because of the
employee’s extension job responsibilities.
D. HOLDING ELECTED OR APPOINTED PUBLIC OFFICE
Partisan Politics:
Extension employees are strongly discouraged from being a candidate
for public office in a partisan election. In the event that an
extension employee is considering candidacy in a partisan election,
the advance notification of the Extension Director is required.
Non-Partisan Politics:
An extension employee may be a candidate for or be appointed to a
non-partisan public office providing that:
The Director or his/her designee grants advance approval to those
candidates/appointees who are seeking a public office, if such
office creates the appearance of a conflict of interest.
1. The holding of that public office is not likely to create a
public relations problem for the extension service or for the
university.
2. All time spent on the duties associated with the public office is
done on the employee’s own personal time (i.e. after business
hours, vacation or other approved leave time).
3. All time, facilities and materials required to conduct an
election campaign are separate and apart from the extension service.
E. PROVIDING EXPERT WITNESS TESTIMONY IN COURTS, ETC.
Because of the expertise and position of extension employees, they
are often asked to serve as expert witnesses in a court of law.
Because expert testimony usually benefits one party and is
detrimental to the other, the testimony places the extension
employee in an unintentional adversary position.
Before an extension employee testifies as an expert witness within
the state of North Dakota, the following will apply:
1. All rules pertaining to consulting and conflict of interest shall
apply. In particular, extension employees must receive
administrative approval prior to any expert witness testimony.
2. If expert witness fees will be received for testifying, a
university consulting form must be completed and approved, and the
consulting guidelines will apply.
3. Extension employees are encouraged to appear as “juris amici”
(friend of the court) instead of as expert witnesses representing
one party, and are encouraged to avoid any testimony which might
conflict with the employee’s job assignment.
F. PROFESSIONAL SERVICE WITH REMUNERATION (HONORARIA)
1. University employees are encouraged to provide public service by
making presentations to various groups and organizations or serving
on proposal review committees. Often the employee may be given an
honorarium in appreciation of such service.
2. An honorarium is defined as a monetary gift which is meant to
express appreciation or honor to the recipient which is not covered
under the consulting policies.
3. Employees can accept honoraria from non-NDSU or non-state (North
Dakota) related entities.
