FacultySenateMinutesJanuary92006

The faculty senate meeting was called to order by Chair Moore at 3:20 p.m. in the William Strickland Conference Room in I.G. Greer on Monday, January 9, 2006. Senators Felkel, Horton, Jones, McKinney, and Pier were not in attendance.

A. Chair Moore welcomed senators and visitors to the meeting. Visitors were Mr. Len Johnson, Dr. Harry Williams, Dr. Tim Burwell, and Dr. David Haney.

B. Chair Moore reported that he received an email from Mr. Jud Watkins, President of the Student Government Association. Mr. Watkins asked that the faculty senate continue to make every effort to keep the cost of textbooks as low as possible.

C. Chair Moore asked for volunteers to attend the next Chancellor’s Advisory Committee meeting scheduled for Monday, February 20, 2006 from 3:00 pm to 5:00 pm. Senators Horton, Huelsman, Malloy, Marland, Harris, Marking, and Strazicich volunteered.

D. Chair Moore indicated that at last Friday’s fall faculty meeting Chancellor Peacock reported that state revenues were increasing. Chair Moore said that this was reinforced by a study from The Center for the Study of Educational Policy, published by Illinois State University, which reported that across the country during the 2005-2006 academic year there was a 5.3% increase in state appropriations for higher education.

A. Mr. Len Johnson announced an alternative spring break option for faculty, students, and staff to participate in Katrina relief efforts. Four to six groups will travel to Gulfport, Mississippi with the Baptist Men’s Association during from March 11 – 18, 2006 to assist with Katrina relief efforts. An informational brochure was distributed. Assignments may include debris removal, rebuilding 500 homes, etc. Shelter and food will be provided. Housing for volunteers may be in barracks or in churches. Groups will consist of faculty, staff, and students. The cost is $50 per person for transportation costs. A mandatory one-day training program will be provided by the American Red Cross prior to the trip.

A. The minutes from the December 12, 2005 faculty senate meeting were approved. Senator McBride moved and Senator Marland seconded. Motion passed. (See Vote #1).

A. Dr. Aeschleman announced that Chancellor Peacock approved the faculty office hours policy and that it will be taken to the Board of Trustees meeting in March. If approved, this new policy will take effect in Fall 2006.

E. Committee on Committees (MALLOY, Cramer, Jones, Lambert, McBride) had no report.

G. Faculty Welfare and Morale Committee (FELKEL, Harris, Horton, McCaughey) had no report.

H. Welfare of Students Committee (RARDIN, Ramsey, Scherlen, Smith) had no report.

I. Ad Hoc Committee on Faculty Retirement (MOORE, Terry Cole (CMU), Marvin Hoffman (PS/CJ), Len Johnson (HRS), Harold McKinney (MUS), Susan Keefe (ANT)) had no report.

J. Ad Hoc Committee on the Role of the Faculty Senate (ARNOLD, Gates) had no report.

K. Report of the Vice Chair regarding Faculty Elections (MARKING) had no report.

A. Chair Moore asked for a motion to introduce new business. Senator Mamlin moved and Senator Harris seconded a motion to send the proposed supplemental pay policy to the Academic Policies committee. Numerous questions were asked by the senators regarding the rationale and advantages and disadvantages of this proposed policy change. Provost Aeschleman noted that the policy was in response to irregularities found at the North Carolina School for the Arts. The UNC Board of Governors mandated that each constituent institution in the University of North Carolina System develop a written policy that clearly delineates the requirements and procedures for supplemental pay for EPA employees. The Supplemental Pay Policy must address the types of assignments and compensation guidelines. An ad hoc committee, comprised of ASU faculty and administration, was formed to draft a Supplemental Pay Policy. The following changes are proposed: (See Attachment A)

Questions were raised that included morale issues, safety concerns, dangerous road conditions traveling off the mountain, incentives for teaching off-campus, more administrative duties inherent in teaching off-campus courses, definition of distance education, developing and/or offering online courses, video-conferencing, issues of exploiting faculty, percentage of College of Education faculty teaching off-campus, some departments do not have the opportunity to supplement their income through distance education, consideration of minimum and maximum salary adjustment or fixed stipend vs. percentage, and exceptions to the policy.

Dr. Aeschleman stated that he is vetting this through Senate “for feedback, and it would be nice if there was endorsement; but if there isn’t, there isn’t. At the very least, I would want some sort of sense how this body feels about it”.

A motion was made to refer the Proposed Supplemental Pay Policy to the Academic Policies committee. Senator Mamlin moved and Senator Marking seconded. The motion passed. (See Vote #2).

Chair Moore asked for a motion to adjourn the meeting. Senator Marking moved and Senator Harris seconded. (See Vote #3). The meeting adjourned at 4:40 pm.

Y = Yes N = No A = Abstain

SENATORS	1	2	3
Arnold, Edwin	A	Y	Y
Butts, Jeff	Y	N	Y
Cramer, Beth	Y	Y	Y
Ehnenn, Jill	A	Y	Y
Felkel, Brian
Harris, Tim	Y	Y	Y
Horton, Julie
Huelsman, Tim	Y	N	Y
Jamison, Tom	Did	not	submit
Jones, Bill
Kaenzig, Rebecca	Y	Y	Y
Lambert, Monica	Y	Y	Y
Malloy, Mark	Y	Y	Y
Mamlin, Nancy	Y	Y	Y
Marking, Martha	Y	Y	Y
Marland, Eric	Y	N	Y
McBride, Jeff	Y	Y	Y
McCaughey, Martha	Y	Y	Y
McKinney, Harold
Pier, Chuck
Ramsey, Colin	Y	Y	Y
Rardin, Patrick	Y	Y	Y
Scherlen, Allan	Y	Y	Y
Smith, Steve	Y	Y	Y
Staub, Susan	Y	Y	Y
Strazicich, Mark	Y	Y	Y

Vote 2: Motion to send Proposed Supplemental Pay Policy to Academic Policies Committee.

At its March 2005 meeting, the UNC Board of Governors (BOG) passed a new policy concerning supplemental pay for EPA employees (UNC Policy 300.2.13). The policy was in part a response to irregularities that were discovered at the North Carolina School for the Arts.

The policy mandates that each constituent institution in the UNC System develop written policies or regulations that clearly address the requirements and procedures for these supplemental payments to EPA employees. The Supplemental Pay Policy is intended to address two situations:

A. Temporary increases in responsibility during the employee’s normal work hours or contract period.

Further, the BOG required that the Supplemental Pay Policy address the types of assignments and compensation guidelines, including any limits on the amount of pay.

In response to this mandate, I formed an ad hoc committee (list of members attached) with representation from the faculty and administration within and outside Academic Affairs to draft a Supplemental Pay Policy. The committee has met periodically since the summer and has recommended the attached policy. The committee approached the issue by attempting to codify and unify various policies and practices that have been followed at our institution for some time. While most of our previous practices are preserved, the proposed policy does include the following changes:

I am submitting this proposed policy to a wider audience to solicit feedback before making a recommendation to the Chancellor. I appreciate the work of the ad hoc committee and I look forward to receiving feedback from across the University community.

This policy applies to supplemental compensation paid to Appalachian State University faculty and staff through the University Payroll Office. This policy is not intended to modify any of the existing policies or procedures governing the administration of University salaries or payments for external consulting (see Policy on External Professional Activities for Pay).

Contract Period. For nine-month faculty the contract period is generally from August 15 through May 15. The specific dates of the contract period in any one case are based on the faculty member’s employment contract.

Outside-the-contract Period. For nine-month faculty this period is generally from May 16 through August 14. The specific dates of the time outside-the-contract period in any one case are based on the faculty member’s employment contract.

Base Salary. The annual permanent salary of the employee as it appears in the employment contract of the employee or subsequent letters of notice of salary increase/decrease. The base salary includes any supplemental administrative stipends extending for one year or more, but does not include temporary payments for a period of less than one year.

9-Month Equivalent Salary. For faculty, this is the portion of the base salary less any continuing supplemental administrative stipends built into the base salary. For 12-month EPA employees, the 9-month equivalent salary is calculated as 9/11th of the base salary. For 10-month EPA employees, the ratio is 9/10th of the base salary.

Supplemental Compensation. For faculty, all extra compensation paid through the University Payroll Office beyond the 9-month equivalent salary, regardless of funding source. This includes, but is not limited to, activities such as conducting seminars, workshops, and training; teaching distance education courses; dual employment payments from other state agencies; internal grant stipends; administrative stipends; external grant and contract stipends and teaching summer courses.

For a full-time member of the faculty or EPA staff, the salary approved by the Chancellor, Board of Trustees, or Board of Governors is the base salary to be paid during the contract period. No additional compensation may be paid for University duties that are generally related to the position to which the individual is appointed during the Contract Period. No Senior Academic and Administrative Officer (see UNC Policy Manual Section 300.1.1, I-A) may be paid, in addition to his or her salary, for any services rendered to any institution-related foundation, endowment, or other entity that (a) was established by officers of the University, (b) is controlled by the University, or (c) is tax-exempt based on being a support organization for the University.

With appropriate approvals, full-time members of the faculty or EPA staff may receive additional compensation for extra duties, as long as these extra services do not cause a conflict of commitment with the primary employment position of the employee. A maximum commitment of time of 120% is allowed and supplemental compensation from all sources may total no more than 20% of the 9-month equivalent salary during the contract period. For EPA staff and faculty, all supplemental compensation received outside-the-contract period may total no more than 38.4% of the 9-month equivalent salary. The 38.4% cap represents 120% of a full summer load, with a full load defined as 12 credit hours (i.e., 32% of a 9-month salary for 12 credit hours).

Administrative stipends for faculty and EPA staff that are included as part of the base salary will count as part of the limited supplemental compensation associated with the outside-the-contract period specified in the General Policy.

Dual employment occurs when a University employee agrees to perform services for another state agency on a part-time or contractual basis. Approval must be obtained from the supervisor of the primary employment position before the service is provided in order to ascertain whether the obligation will interfere with the job duties and commitments of the primary position. If approved, all payments to the employee must be sent (along with Form CP-30) from the borrowing agency to the University and paid through the University payroll. Payments of this type are counted as part of supplemental compensation.

In general, faculty should not be paid extra for teaching credit courses in addition to their normal course load. Instead, other arrangements may be made, such as a corresponding course reduction in the following semester. With approval of the chair and dean, overload pay may be approved for faculty that agree to teach additional credit courses beyond the departmental standard load if it does not cause a conflict of commitment with the other duties of the faculty member. There is a one course per semester limit on this type of payment and the stipend will be limited to the standard contract amount offered to part-time faculty based on a pay schedule maintained by the Office of Academic Affairs. The current rates are as follows:

Additional compensation for teaching distance education courses for credit is limited to additional duties and time commitment associated with teaching courses in which students are located away from campus (e.g. driving to and from the remote location) and not for duties that a faculty member would typically provide for courses offered on campus. The limit on this compensation is 3% of the 9-month equivalent salary per course offered, assuming the course counts as part of the faculty member’s normal load. Faculty may not receive this stipend for courses taught solely on-line. However, faculty may be compensated for the development of an on-line course. Additional compensation applies for courses taught on an overload basis as per the guidelines for overload instruction.

Faculty will be contracted at a rate of 2 2/3% of their 9-month equivalent salary per credit hour of instruction. Excluding internship supervision, revenue-generated courses, or other non-typical course offerings, faculty will be compensated at no less than the minimum rate applied to part-time faculty during the academic year. Additional compensation of 3% per course applies for distance education courses taught in the summer as per the guidelines specified in the distance education section.

Faculty may be approved by their chair and dean for supplemental compensation for teaching non-credit programs offered through the Division of Continuing Education or some other University unit as long as such work does not cause a conflict of commitment with their regular job duties. Compensation rates are generally dependent on generation of program revenue. For EPA employees, compensation limits from the General Policy will apply.

Non-teaching staff, both EPA and SPA, whose duties are tied to the normal workweek schedule of the University, may be allowed, subject to advance approval by the appropriate supervisor, to take on a University teaching responsibility for supplemental compensation. A staff member’s primary employment responsibilities take priority over any additional part-time teaching assignments. Generally, this teaching responsibility must be entirely carried out during times other than the normal working hours established for the full-time employment responsibility.

However, in extraordinary circumstances, when the teaching responsibility must take place during the course of the employee’s normal working hours, such exceptions must be approved in advance by the appropriate vice chancellor. If the arrangement is approved, an alternate work schedule must be approved and forwarded with the appropriate assignment documentation for inclusion in the employee’s official personnel record (EPA to Division Vice Chancellor, SPA to Human Resources). The vice chancellor must review and recertify such arrangements annually, and, if necessary, coordinate for continued concurrence with the appropriate supervisor. Otherwise, the employee may not receive supplemental pay for the teaching assignment. For EPA employees, compensation limits from the General Policy will apply.

For non-teaching EPA and SPA staff, additional activities for supplemental pay may be permitted, with the supervisor’s approval, but must not interfere with the staff member's normal duties, must be outside the scope of the employee’s normal job responsibilities, and must be carried out during times other than the normal working hours established for the full-time employment responsibility of that staff member.

However, in extraordinary circumstances, when the additional activities for pay must take place during the course of the employee’s normal working hours, such exceptions must be approved in advance by the appropriate vice chancellor. If the arrangement is approved, an alternate work schedule must be approved and forwarded with the appropriate assignment documentation for inclusion in the employee’s official personnel record (EPA to Division Vice Chancellor, SPA to Human Resources). The vice chancellor must review and recertify such arrangements annually, and, if necessary, coordinate for continued concurrence with the appropriate supervisor. Otherwise, the employee may not receive supplemental pay for the non-teaching activity.

For EPA employees, compensation limits from the General Policy will apply. For those SPA employees exempt from the overtime provisions, a revised monthly salary or a lump sum payment must be agreed upon. SPA employees subject to the overtime provisions must be paid on the basis of the combined number of hours worked during a workweek. Such payment must be in accordance with the minimum wage and overtime provisions and be based upon the appropriate rate(s) of pay for the work being done.

For 9-month faculty, supplemental compensation may be earned outside-the-contract period for University-sponsored research that is externally funded by a governmental agency as approved by the department chair, dean, and the Office of Research and Sponsored Programs. The maximum payment is 38.4% of the base salary or a 120% time commitment, unless otherwise limited by the sponsor. In the case of a federal grant or contract, the rate of pay for supplemental compensation outside-the-contract period must be the same as the base rate of pay for the contract assignment. This policy is intended to comply with applicable federal and state restrictions on level of effort. Federal restrictions permit up to 33.3% outside-the-contract period and no more than 100% of total compensated effort during the contract period.

Government sponsors usually do not permit compensation beyond the base rate of pay during the contract period. As a general rule, faculty members (9 and 12 months) involved in government-funded research during the contract period should have their other assigned responsibilities reduced through a “released time” arrangement. For non-government sponsors, additional compensation can be paid during the contract period if permitted by the sponsor and approved by the chair and dean. The maximum supplemental compensation allowed during the contract period is 20% of the 9-month equivalent salary.

For internal grants, the maximum supplemental compensation allowed during the contract period is 20% of the 9-month equivalent salary. Outside-the-contract period, the maximum supplemental compensation allowed is 38.4% of the 9-month equivalent salary. Please note the General Policy may limit compensation further for external and internal grants due to other forms of additional compensation received by the employee.

Proposals for activities involving payment of supplemental compensation must be approved by the chair or immediate supervisor of the employee in advance of initiation of the work. As proposals are reviewed and approved, an individual's total time commitments on institutional as well as external professional activities (e.g., outside consulting) will be considered. The chair or immediate supervisor is responsible for ensuring time and compensation limits specified in the General Policy are enforced.

No work assignment that results in supplemental compensation may exceed one year; provided, however, that any such additional work assignment may be extended or renewed on a case-by-case basis. Requests for payments must specify the time period for which the person is receiving compensation and the time period must be wholly contained within a contract period or outside a contract period.

If the employee receiving supplemental compensation is in a different department/unit from the requestor of the work or assignment, the department chair/supervisor of the employee should be consulted for approval in order to consider such issues as work-load management and adherence to the General Policy concerning limits on time and compensation.

Requests for payments of supplemental compensation must be approved by the department chair/supervisor and the dean/unit head of the employee as well as the appropriate supervisors from whom the payments are requested.

For SPA employees, all documentation must be reviewed by Human Resources for compliance reasons prior to the commencement of paid activities and such documentation shall be retained in the employee’s personnel files.

Payment of supplemental compensation will be processed as additional pay to employees (and not as payments to independent contractors) through the ASU payroll area and will have federal/state taxes and other appropriate deductions withheld. Payments will be identified as supplemental compensation above the amount paid as the base salary.