Chapter 360: Compensation

360.010 Extra Compensation

kuscheld — Thu, 27 May 2010 19:41:23 +0000

360.010 Extra Compensation kuscheld Thu, 05/27/2010 - 19:41

Executive Guideline No. 15, 5-1-79, 1-30-06, 7-17-08; Amended 7-28-20.

The President of the University, under the authority delegated by the Board of Curators, does hereby establish the following guidelines.

The Collected Rules and Regulations of the 911�� provide for payment to faculty and staff for overload responsibilities. Such payment is commonly referred to as extra compensation. This Executive Guideline is intended to assist in the interpretation and implementation of extra compensation for overload responsibilities. In this guideline, extra compensation refers to additional payment while a person is on appointment; it does not refer to summer appointments for a faculty member on nine-month service basis.
The 911�� has as an overall operational policy the objective of minimizing the use of extra compensation, since the responsibilities of faculty and staff to the University already include a full-time commitment to the University's balanced program of teaching, research, extension, and service. In most cases of additional duty, such as the case of full-time administrators teaching a course, compensation should be provided through released time from regular duties and payment as a part of regular salary. At the same time, it is recognized that in certain instances extra compensation is necessary to the mission of the University, because of the great breadth of the University's instructional and service programs.
The following guidelines, therefore, summarize current recommendations regarding extra compensation.
1. General Considerations for All Faculty and Staff
  1. When extra compensation duties are necessary to carry out the responsibilities of the University, University rules and regulations must be followed and the extra compensation must be approved by the appropriate administrative officials. To approve extra compensation, there is an expectation that full-time faculty and staff members have full loads based on prior agreement with their unit heads, that the normal load of the faculty or staff members cannot be reduced to permit the proposed work to be done as part of their regular duties, and that extra compensation is not a usual occurrence. All recommendations for extra compensation pay must be approved by the Chancellor, Vice President, or their designees, following delegation of authority procedures. Extra compensation appointments involving two (or more) departments require signature approval from all departments involved.
  2. The purpose of extra compensation is for unanticipated activities which do not lend themselves to becoming part of the regular load. Extra compensation therefore should not be an expected part of total compensation.
  3. Schools and departments should develop long-range plans for instruction, in order to minimize unanticipated activities requiring extra compensation.
  4. Deans and other unit heads, or on campuses without deans, the Provost or designee, should be encouraged to integrate extension teaching into the regular course load of their faculties. All recommendations for extra compensation, in cases involving extra compensation of $1,000 or more, shall hereafter be accompanied by documentation on the teaching load, including courses taught, credit hours, and number of students enrolled, plus other responsibilities of the faculty or staff member.
2. Specific Considerations for Academic Administrators
  1. Those academic administrators at the level of Dean (or its equivalent) or higher including administrators in the Provost’s, Chancellor’s and President’s Offices are not eligible to receive extra compensation from the University. Annual compensation for these academic administrators should reflect all of their responsibilities and be determined at the time of the initial appointment and/or at the time of the annual review and salary adjustment. All duties assigned to these administrators should be considered when setting their base compensation level.
  2. Those academic administrators below the level of Dean (or its equivalent) must meet all of the eligibility criteria and have the same rights and privileges as faculty in their specific units for all incentive and extra compensation programs.
  3. Summer session appointments for academic administrators on nine-month appointment are covered by Collected Rules & Regulations 360.020.

360.015 Special Considerations for Academic Administrators with Tenure

kuscheld — Thu, 27 May 2010 19:47:00 +0000

360.015 Special Considerations for Academic Administrators with Tenure kuscheld Thu, 05/27/2010 - 19:47

Executive Guideline No. 36, 4-2-07

Offer letters for academic administrators being hired with regular or non-regular faculty appointments should include a clear statement describing how their salary will be calculated should they return to faculty positions.
Regular and non-regular faculty members currently employed at the 911�� who accept new administrative appointments should receive appointment letters specifying the nature of their initial administrative assignments and containing information describing any additional administrative stipends. The letter should include a clear statement describing how their salary will be calculated should they return to faculty positions.
For academic administrators with tenure in their faculty appointments and where no previous arrangements were negotiated, the following guidelines are utilized when they return to faculty positions.
1. In determining faculty salaries consideration should be given to both the internal and external market conditions within the academic discipline to which the individual is returning.
2. Persons would not receive more than 82% of their administrative salary when moving to nine month faculty positions.
Other arrangements can be negotiated but must be approved by authorized officials in accordance with 320.030 Delegation of Authority – Executive Order No. 6.

360.020 Summer Appointments and Consultation

kuscheld — Thu, 27 May 2010 19:48:18 +0000

360.020 Summer Appointments and Consultation kuscheld Thu, 05/27/2010 - 19:48

Bd. Min. 9-20-74; Amended Bd. Min. 10-14-83, Amended Bd. Min. 1-26-06, Amended Bd. Min. 12-10-10.

Summer Appointments for Nine-Month Appointees
1. For faculty on nine-month appointments, compensation for summer appointments may not exceed one-third of nine-month salary.
Consultation
1. Consultation is a significant means of professional improvement and a form of community service. Time spent in consultation shall not interfere with regular duties. It is the policy of the University to permit consulting activities which:
  1. Are directly related to the professional interest and improvement of the faculty member.
  2. Are in the best interest of the University.
  3. Do not constitute a conflict of interest.
2. Each division shall make an annual report to the Chancellor, vice president or other appropriate administrative officer indicating the aggregate time and compensation for each individual involved. Chancellor and vice presidents shall annually transmit these reports to the president.

360.030 Shift Differential

kuscheld — Thu, 27 May 2010 19:49:00 +0000

360.030 Shift Differential kuscheld Thu, 05/27/2010 - 19:49

Bd. Min. 9-7-79; Amended Bd. Min. 11-13-81 and 7-26-85; Amended Bd. Min. 9-26-97. Rule rescinded by Board action, 6-11-10.

360.040 Prevailing Wage Act

kuscheld — Thu, 27 May 2010 19:52:15 +0000

360.040 Prevailing Wage Act kuscheld Thu, 05/27/2010 - 19:52

(See also: Section 80.010 F.4) Bd. Min. 12-13-57, p. 12,081; Amended 7-28-20.

WHEREAS, question has been raised as to whether the Missouri Prevailing Wage Act (Sections 290.210-290.310, V.A.M.S. 1965) applies to the 911��, and

WHEREAS, the General Counsel of the 911�� has rendered to the Board an opinion that under a proper construction of said law 911�� is not covered by said law and that, second, if it be held that the law is applicable to 911��, it is an unlawful invasion of the constitutional rights of the Curators, and

WHEREAS, the Board has heretofore employed Messrs. Richmond C. Coburn and Kenneth Teasdale to render their opinions upon the applicability of said law to 911��, and

WHEREAS, the opinion of both of said counsel is that under proper construction of said law it should not be held applicable to 911�� and that if it is held applicable to the Curators, it constitutes an invasion of the constitutional rights vested in the Board of Curators of the 911��, and

WHEREAS, in view of said opinions it is believed by this Board that it is not subject to the provisions of said law and that it is not in the best interest of the University for it to comply with said law,

NOW, THEREFORE, BE IT RESOLVED that the policy of the Board of Curators relating to University construction be continued and that it not be modified to meet the provisions of the Missouri Prevailing Wage Act.

360.050 Overtime

kuscheld — Thu, 27 May 2010 19:53:39 +0000

360.050 Overtime kuscheld Thu, 05/27/2010 - 19:53

Bd. Min. 1-19-68; Bd. Min 6-28-68; Bd. Min 7-15-86; Bd. Min. 2-6-09. Rule rescinded by Board action on 6-11-10.

360.060 Resignation

kuscheld — Thu, 27 May 2010 19:54:15 +0000

360.060 Resignation kuscheld Thu, 05/27/2010 - 19:54

Bd. Min. 7-16-58, p. 13,315; Amended Bd. Min. 7-22-83; Amended 7-28-20; Amended 1-1-24.

Payment at Termination

Advance Notice -- An employee must give at least two weeks advance notice in order to resign from a position in good standing. An employee is to be given two weeks advance notice by the University if the employee is being terminated because of circumstances for which the employee is not responsible, such as discontinuation of position, reorganization, etc. Advance notice is not required by the University when the employee is terminated for circumstances for which the employee is responsible, such as excessive absenteeism, abuse of privileges, etc.; provided the employee has been counseled about the matter and given an opportunity to correct the situation but failed to do so. Advance notice is not required for serious incidents such as theft, intoxication on the job, conviction of a felony, willful damage to University property, etc. In addition to pay for salaries and wages earned to the date of termination, payment for all unused vacation and PTO, up to applicable limits as allowed by the policy, will be made to all employees terminating their employment with the University whether by resignation, death or discharge, except that an employee may be discharged without notice or without further pay for willful gross violation of rules, misconduct or similar causes.

360.070 Pay for Grievance Time

kuscheld — Thu, 27 May 2010 19:55:00 +0000

360.070 Pay for Grievance Time kuscheld Thu, 05/27/2010 - 19:55

Amended 7-28-20.

This is to outline the University's policies regarding time spent by union officers who are attending meetings with University representatives for the purpose of discussing grievances, or other matters having to do with working conditions, or the University's employee policies or procedures.

Officers of Employee Groups -- Shop Stewards or other officers of employee groups are expected to perform their jobs during their regular working hours for which they are paid.
1. Most matters that will be of concern to the Shop Stewards or other union officers can properly be handled at times other than during working hours, although good judgment should be exercised in recognizing that in some cases immediate attention is justified.
Employees Serving as Union Representatives -- Periodically it will be necessary for University representatives and union representatives to meet to discuss grievances as well as other matters. It will be the University policy to not deduct for the time spent by the employees who are serving as union representatives. However, in such meetings, a full-time employee of the union is not to be paid by the University for time spent in such meetings.
1. The employees participating in the meetings are expected to work their normally scheduled period except for the time required for such meetings. They are also expected to first advise their supervisors of the need to be off, for which approval should be given except in the case of an emergency.
2. Employees who may be scheduled for a different shift and who do not lose time from the job are not to be paid for the time spent in such meetings. Nor are employees to be paid overtime or any additional pay over and above their regular pay for time spent in such meetings that occur before or after the employee's scheduled work day.
Pay
1. Pay for time spent in such meetings is normally to be limited to two (2) employees who are serving as representatives of the employee group. If an aggrieved employee is invited to the meeting to present views and facts, the employee should not lose time for such meetings if the employee is taken off the job.
2. Employees attending union meetings or participating in any other union activity which takes them off the job should not be paid for such time.

360.080 Payment of Personnel Upon Termination or Death

kuscheld — Thu, 27 May 2010 19:56:07 +0000

360.080 Payment of Personnel Upon Termination or Death kuscheld Thu, 05/27/2010 - 19:56

Bd. Min. 6-25-67, p. 33,419, Amended 10-6-06.

Academic Staff Member
1. Nine-Months Appointment - Upon the death, or termination of employment for any cause, an academic staff member on nine months appointment shall be paid the difference between the amount of salary earned as of the date of death or termination and the amount paid prior to death or termination. Earned salary shall be computed on the basis of the number of teaching days in the employment period.
2. Twelve Months Appointment - Upon the death, or termination of employment for any cause, an academic staff member on a 12 months appointment shall be paid the difference between the amount of salary earned as of the date of death or termination and the amount paid prior to death or termination. Earned salary shall be computed on the basis that total salary is earned in 12 months.
Nonacademic Employee -- Upon the death, or termination of employment for any cause, a nonacademic employee shall be paid the difference between the amount of salary earned as of the date of death or termination, including any unused, accrued vacation earned as of the date of death or termination, and the amount paid prior to death or termination.
Upon the death, or termination of employment for any cause, a staff member not covered by any of the above regulations shall be paid the pro-rata part of fixed compensation earned as of the date of death or termination. In such instances earned salary shall be computed on the basis of teaching days and working days as applicable.

360.090 Endowments

kuscheld — Thu, 27 May 2010 19:57:28 +0000

360.090 Endowments kuscheld Thu, 05/27/2010 - 19:57

Executive Guideline No. 2, 4-23-69, amended 9-14-81, revised 12-6-95. Replaces Executive Guidelines No. 28 and 31. Revised 1-9-08. Reissued as Executive Order No. 2, 1-29-08. Amended 3-4-11.

I. General

The minimum donation required for a named endowment fund is $10,000. Donations of less than $10,000 for endowments will be credited to a pooled endowment fund account.
The minimum gift for a named endowed professorship will be $550,000; the minimum for a named endowed chair will be $1,100,000.
These minimums may be waived by the President in an exceptional case if the University's objectives can best be met by such an action.

II. Missouri Endowed Chair and Professorship Program

Description of Program
1. Purpose -- To attract to the 911�� new distinguished faculty to achieve academic excellence throughout the University.
2. Funding
  1. (Donor-specified Name) Missouri Chair of (Department or Program)
    (1) Minimum of $1,100,000 from donor(s) for particular chair.
    (2) Match of $1,100,000 from the State of Missouri. Should funds appropriated by the State be insufficient, the 911�� will match the income derived from investment of the donor's $1,100,000 until the State match is appropriated.
    (3) One full-time position, salary and benefits from 911��
  2. (Donor-specified Name) Missouri Professorship of
    (Department or Program)
    (1) Minimum of $550,000 from donor(s) for particular professorship
    (2) Match of $550,000 from the State of Missouri. Should funds appropriated by the State be insufficient, the 911�� will match the income derived from investment of the donor's $550,000 until the State match is appropriated.
    (3) One full-time position, salary and benefits from 911��
3. Conditions
  1. The President will consider approval of State matching funds when private funds have been received and deposited in the University's endowment, or when certification of an irrevocable commitment to the University by a trust or foundation is received. Pledges will not be credited as matching funds until they are received.
  2. Those appointed to endowed chairs or professorships must be newly recruited to the University, except as provided in subparagraph c. herein, and must add materially to the University's quality.
  3. In unique cases with the Missouri Endowed Chair and Professorship program it may be appropriate to fill the endowed position with internal candidates. These cases would require a compelling reason to fill from within and the following conditions would be allowable exceptions:
    1. (1) In cases where a 911�� professor is being recruited by another university and has been offered an endowed position elsewhere; or where the endowed position is used as a means of retaining an outstanding faculty member who is equal to others on the campus holding endowed positions.
      (2) In cases where there has been a full and complete external search for the endowed position that has failed on at least two consecutive searches to hire an outside candidate. A subsequent search could be conducted where internal candidates would be allowed to apply. If recommended by the committee, the appointment could be made to an existing UM faculty member.
      (3) In cases where the University is attempting to fill a special need within a college or school such as developing a unique niche (e.g., creating an area of excellence or special expertise) or a focused initiative (e.g., enhancing undergraduate teaching). In these instances, no change in the purpose or focus of the endowed chair shall be made without the approval of the original donor in an amendment to the endowment agreement.
      The decision to hire an internal candidate would require written approval by the provost, chancellor and the President, in addition to any other approval processes that are currently in place.
  4. Private funds received after July 29, 1992, will be eligible for participation in the matching program. If the total gift meets the amounts stipulated in II.A.2, the gift will be considered for approval, even though some funds were received prior to July 29, 1992.
  5. Gifts of non-liquid assets must be sold by the University before their value is counted as a donation for purposes of this program. The President may make exceptions, if holding the asset is judged to be in the best interest of the University.
Investment of Funds
1. The donated funds and State matching funds will be invested in accordance with the endowment policies of the Curators of the 911��. Distributions from investment of the donated funds and State matching funds are subject to the endowment spending policy of the Board of Curators.
2. The donated funds and State matching funds will be commingled for investment purposes with other University endowment assets. However, each Endowed Chair or Professorship will be accounted for separately.
Use of Funds
1. A spending account will be established for each Endowed Chair and Professorship.
2. Salary and benefits for the matching University position will be paid from the General Operating or other account that is funding the position.
3. At the same time, distributions from endowment investments for that fiscal year will be transferred to the Endowed Chair or Professorship spending account.
4. Expenses for the Chair or Professorship will be paid from the spending account. Expenses may include, but are not limited to, salary and benefits for the holder of the chair or professorship, salary and benefits for support staff and graduate students, equipment, institutional dues, and travel expenses. All expenditures from the spending account for the Chair or Professorship must follow all University rules and regulations.
Reporting
1. Not later than October 1, the Chancellor will report to the President on the activities and expenditures related to the Chair or Professorship during the fiscal year completed the prior June 30.
2. The report will describe the activities of the holder of the Chair or Professorship. The financial report will include a statement showing all expenditures