Civil Rights, Affirmative Action and Policy &

Procedure

2014 OCES Administrative Support Staff Conference

Civil Rights & Affirmative Action

• Why?

• 1964 Civil Rights Act and Amendments

• ADA Act of 1990

• Age Discrimination in Employment Act

• It’s the Right Thing To Do!!

Civil Rights & Affirmative Action

• All Employees of OCES have a responsibility to civil rights!

• CED is ultimately responsible for compliance

• Everyone must abide not only by the letter of the law(s), but also the spirit of the law(s)

Civil Rights & Affirmative Action

• Civil Rights Reviews by District Extension Staff are conducted every 4 years

• Intent is to ensure compliance and prepare for Federal Audits that occur on occasion

Civil Rights & Affirmative Action

• Non-discrimination, Non-endorsement and Cost Statements• Non-discrimination statements should be included in any information

released to the public by OCES personnel

• Non-endorsement statements are to inform clientele that we don’t discriminate by endorsing one brand over another

• Most publications should carry a cost statement• Check with your DED

• http://www.okstate.edu/ag/webguide/disclaimer.htm

Fiscal Management

• Primarily funded via Tax Payer Dollars

• Once funds are received in our system, they take on the “color” of state money

• Must comply with both OSU and State of Oklahoma policies and procedures for responsible fiscal management

Fiscal Management

• Agency Accounts• Privilege, not an entitlement

• Allows county/district offices to do business locally and in a more timely fashion

• http://intranet.okstate.edu/Fiscal_Affairs/policy.htm

Fiscal Management

• Types of Funds Handled in the Agency Account

• Funds for purposes of educational programming, clientele services, 4-H, SWAFL services, etc.

• Grants $2500 or less and meeting certain requirements/restrictions can be handled through the Agency Account• Need DED permission

Fiscal Management

• Most Common Problems with Agency Accounts

1. Failure to make deposits in a timely manner

2. Improper documentation for expenditures (invoices)

3. Purchase of Gifts/Gift Cards for Judges, etc.

Fiscal Management

4. Failure to include Determination of Independent Contractor Status and Twenty Factor Test when paying individuals for services

5. Failure of employees who have any responsibility with agency account to take the required 40 consecutive hours of vacation time

6. Direct payment of lodging for OCES or other State employees

7. “Floating” event registration fees

8. Improper receipting

Purchasing

• County M&O Funds• Accounting/purchasing procedures can differ significantly from county to county

• Follow county guidelines unless they seem to be unethical or illegal • If you feel this is the case, contact your CED and/or DED

• Certificate of County Expenditure (Pink Sheet)• List Contractual Services and Part-time, tempory help paid by county funds

• Must be OSU employees• Travel• M&O• Capital Outlay

Purchasing

• Certificate of County Expenditure Sheet• Have it signed and stamped by county clerk or their agent• Send to District Office by 15th of the month

• Use of State Funds• Must be made with a P-Card or via State Requisition Form• Items or groups of items costing more than $5,000 should be

submitted for bid• Extension Finance will assist with bidding process

• Payments to Individuals• Determination of Independent Contractor & The Twenty Factor

Test must be completed prior to making a payment to an individual

• Honorariums can be paid up to the amount of $600 per calendar year

Grants, Contracts & Gifts

• Grants are encouraged• Funds may be expended only for purposes as designated by the grantor

• Less than $2500 are eligible for administration through agency account• Must meet certain criteria• Prefer routing sheet to district office prior to acceptance of funds

• Over $2500 must go to campus

• DASNR Sponsored Programs Office are very helpful!

Externally Held Funds

• 4-H Funds must be held in County Agency Account unless:• There is a county foundation or other 501.c.3 • Still must provide an accounting annually

• Must file 990N or other appropriate form

Inventory

• Must follow OSU and/or County Inventory policies• Must keep an up-to-date accounting of inventory

• Use procedures and forms found at http://intranet.okstate.edu/Fiscal_Affairs/inventory.htm

• $500 or more and a useful life of 2 years or more must be included on inventory

• High Profile items

Postage Allocations

• Allocated by DED to County Offices on an annual basis• May request additional postage by using proper forms• To qualify for bulk mail rates, must have a bulk mailing permit on

file each year. Involves annual fee

• Non-profit status• Must format return address according to examples listed in

your Policy Guide.• There can be no variation in the formatting

Audits

• Audits of financial records, agency acocunts, inventory, state M&O accounts, etc .

• CED must respond to OCES Associate Director findings of audits outlining steps to correct deficiencies• Copy to DED, Assistant VP for Fiscal Affairs, and the Auditor

• Independent affiliated groups such as 4-H foundations should have some type of annual review• Formal audit every 3 years or whenever treasurer changes

Contracts & MOUs

• We contract annually with county government for our services• We need 3-original, signed contracts!! No more, no less

• Cell phone contracts & use• OCES and OSU will not be responsible or liable for payment of monthly

service bills or equipment related to cellular phone use by county educators• Primary use is for safety• The problem comes with personal vs. business use

• MOUs—always good to have a MOU with any partnering group

Travel Rules & Regulations

• Must follow OCES, state and county policies and procedures• http://download.dasnr.okstate.edu/TravelProcedures.doc

• http://intranet.okstate.edu/Fiscal_Affairs/travel.htm

• Most Common Errors:• Failure to use Excel travel document• Failure to use appropriate per diem rate• Failure to use appropriate mileage rate• See Failure to Use Excel Travel Document!!• CED signs off on the travel, so, they should be checking the claims!

Travel Rules & Regulations

• 60-Mile Rule for Overnight Stays• Purpose of request should always be educational in nature

• Chaperoning 4-H members is acceptable• Email requests are acceptable• Always route through CED

• Out of State Trips Require Pre-Approval• If only going on a day-trip, out of state travel request isn’t required

Judging County Fairs & Livestock Shows• Educator can be paid mileage unless the educator is paid directly for

the services• Educator must decide if mileage or payment for services is greater

• A check can be written to the agency account for use in programming

• The educator may chooses to be on leave and accept personal payment for judging

Sources of Travel for Professional Development• State & County M&O• Subject to availability of funds• Must not interfere with travel for job

• County Agency Funds• Under $1500, CED approves• Over $1500 DED approves• If CED is benefiting, over $500 requires DED approval

• External Support Groups (cattlemen’s association, HCE, etc.)• Cap is $250

Sources of Travel for Professional Development• State Professional Associations

• Used at the discretion of association leadership

• Mentor Funds• $400 to be used for professional development beyond state association

meetings• 6 months after mentoring begins• Must be used within 18 months after completion of mentoring

• Personal Funds are always ok• Not eligible for reimbursement

Recruiting, Selecting and Staffing County Positions• All OCES positions for A&P and Classified Staff are advertised and

filled through the PeopleAdmin system at OSU.• Contact your District Administrative Assistant to start the process• Requires DED approval• May run add in local paper if you wish

• Advertise and accept applications for a minimum of 10 working days• Must be E-verified within 3 days of start date, including 1st day on

the job, • Background Check is Required

Performance Review

• Should be completed annually by CED• CED may seek input from others in the office• Forms should be obtained from district office

Compensation, Promotion and Retention of Classified Staff• Compensation• Initial salary is determined by DASNR HR and the DED following review of

comparable salaries in the immediate area• Consideration is given experience and previous training• Future adjustments are based on performance

• Promotion• May be “promoted” from Administrative Support Assistant to

Administrative Support Specialist• May or may not include salary adjustment

• DASNR Incentive Plans http://hr.dasnr.okstate.edu/dasnr-incentive-plans

Retention

• OCES Extension Administrative Support Assistant/Specialist Retention Incentive Program

• Established May 15, 2007• Length of service based on “OSU Continuous Service Date”

information as of January 1 of each year• Adjustments are made effective June 1, July 1, or August 1 of the

same year at the discretion of OCES administration

Retention

• After 5 years of service (5 years or greater as of January 1), the employee will receive a $1,000 increase to annual base salary• Provided performance reviews for past 3 years are satisfactory

or better

• After six additional years of continuous service (11 years or more as of January 1) the employee will receive an additional $100 increase to annual base salary. • This will continue annually through the 30th year of service

Benefits• Holidays• Most County Offices follow County holidays as set by County Commissioners• A few follow OSU holiday schedule

• General Attendance and Leave• All Extension County Educators, Area & District Specialists, and Support

Staff must be at their office, at a work site or in-service training, or in official travel status during normal office hours.• Overtime– Educators are hired with the understanding that some

evening and weekend work is required and that no compensatory time is granted to A&P staff• Classified staff are non-exempt from the FLSA and must be granted

compensatory time for work in excess of 40 hours in a “work week”

Benefits

• Family Medical Leave Act• Provides certain job protections to employees with personal illness or injury

or for caring for family members• Must do appropriate paperwork!• Coincides with sick and annual leave

• Worker’s Compensation Insurance• Must adhere to policy & procedures

• http://hr.okstate.edu/benefits/workcomp

Benefits

• Employee Liability Insurance• Employees of OCES are insured against claims by third parties for bodily

injury, property damage, and personal injury• Government Tort Claims Act• Provides protection against suit or claim while acting within the scope of

their employment• “performance by an employee acting in good faith with the duties of his office or

employment or of tasks lawfully assigned by a competent authority, but shall not include corruption or fraud.”

Benefits

• Educational Leave• Applies to A&P staff only• Submit proper forms

• Faculty/Staff Fee Waivers• Includes classified staff• Must be 100% FTE• Submit proper forms• Distance Education courses have additional fees that are not waived

Benefits

• Proper Use of Leave

• Annual Leave• For personal time off, vacation, etc.

Selected policy & Procedure

Proper Use of leave• Sick Leave—22 days per year

• 14.67 hours per month, up to 1600 hours, posted on the 16th

• For illnesses less than six months (you or a qualifying family member)• Must be needed for direct care of family member

• Medical/Dental Appointments (you or a qualifying family member)

Selected Policy & Procedure

Proper Use of leave• Sick Leave• Qualifying Family is defined as:• Spouse, children, parents, siblings, grandparents,

grandchildren, or corresponding in-law relationships• Unit administrator can require proof of need• Cannot be anticipated• Cannot be taken in advance of accrual• In no case will an employee be paid in excess of the total

number of leave hours available

Selected Policy & Procedure

Proper Use of Leave • Funeral Leave• Immediate Family -- Up to 3 days (Spouse, children, parents,

siblings, grandparents, grandchildren, or corresponding in-law relationships)

• Other Family – Up to 1 day

• Friends, etc. – Use Annual Leave

Selected Policy & Procedure

Proper Use of Leave• Family Medical Leave• A little complicated, but workable• For your protection!• Need to anticipate FMLA if you can• Pregnancy, prolonged illnesses /injuries (also can be used for

care of family member with serious health condition)• Up to 12 weeks• Runs consecutively with SL & AL

Selected Policy & Procedure

• Proper Use of Leave

• Administrative Leave• Jury Duty• Inclement Weather• Worker’s Compensation• Personnel Action/Disciplinary Action

Selected Policy & Procedure

Proper Use of Leave• Leave Without Pay• Usually frowned upon and discouraged• Approved on a case by case basis

• Can be used as a disciplinary action

General Office Management

• Office Hours• Follows hours of courthouse except when normal office hours of

the courthouse are less than 40 hours per week• Must be open for business a minimum 8 hours per day

Office Dress & Grooming/ Outside Activities• All Extension employees are expected to be well-groomed and dressed

appropriately and in good taste for their job assignment

• Logo Clothing, other than official OCES, 4-H and/or OSU logo clothing, is inappropriate

• Outside Activities• Outside activities for which and employee receives compensation is a

privilege, not a right of employment

• Requires approval of CED and DED (may need state approval)

Political Activities/Involvement

• Must not be done during office hours • Exception is DASNR Day @ Capitol and/or 4-H Day @ Capitol

• Doesn’t mean you shouldn’t keep elected officials informed about Extension programs and accomplishments

Use of Tobacco

• Tobacco use is prohibited within OCES offices or while working with or in the presence of youth

• CEDs should ascertain what additional policies may govern the use of tobacco on county owned property

Workplace Threats and Violence

• Work with CED to develop a plan of action for dealing with workplace threats and violence

• Safety of our staff is priority 1

Appropriate Computer Use

• OCES computers are considered either property of or controlled by OSU and should be used only as a tool for work-related tasks.• Subject to audit at any time

• Consequences for Misuse of Computing Privileges• Termination of employment with OCES• Other disciplinary actions• Fines and/or imprisonment as determined by local, state and federal law

• Suspected Pornography on OSU Computers• Contact local law enforcement• Contact DED

Use of the 4-H Emblem

• The 4-H name and emblem are protected under federal statute Title 18, U.S. Code707• Similar to the Seal of the President of the United States

• Misuse is subject to fines of not more than $5000 for individuals and not more than $10,000 for groups, or imprisonment of not more than 6 months, or both

• http://4h.okstate.edu/

Contact With Minors

• General University Policy number 1-0135, Minors Participating in OSU-Related Activities and Programs

• Children under the age of 18• All adults working with minors must participate in university-

approved training each year• http://campus.extension.org

Questions???