Outside Activity
Outside employment/activity, including political activity, is permissible if the employee (1) first obtains the appropriate review and approval of the outside activity by their supervisor and then (2) fully discloses the nature of the outside employment/activity, including the type of employment, hours, and description of responsibilities, for the purposes of ethics review.
- Ethics approval must be obtained before commencing outside activity. The ethics review will determine if the proposed outside activity falls in line with NJIT policy and State ethics regulations.
- Outside activity may not be performed using NJIT time, personnel, confidential information, supplies, or resources.
Approval of Outside Activity
Approval of outside activity is obtained by filing an Outside Activity Questionnaire. The OAQ must be completed when you commence your NJIT employment and updated at least every three years. The OAQ should be updated any time there is a change in your outside activity.
Review Process
There are several issues that must be examined by the ELO to determine if the outside activity can be approved. Does the outside position require representation before a State agency? Does the outside activity involve contracting with a State agency? Is there a significant overlap in the duties and responsibilities of the two positions? Does NJIT have control or jurisdiction over the outside entity? Does the outside entity receive grants from or contract with NJIT? Does the outside interest involve political activity?
Outside Activity Concerns
Representation Before A State Agency: No NJIT employee or corporation in which he has an interest may appear on behalf of a third party before the State in connection with any cause or proceeding. Limited exceptions include matters (1) pending before any state court, (2) related to a workers compensation claim, (3) in connection with the filing of corporate documents in the Office of Secretary of State, (4) before the Division on Civil Rights, or (5) before the Public Employment Relations Commission. Representation can include corresponding with, making telephone calls to, or submitting applications to a State agency on behalf of a third party.
Contracting With A State Agency: State employees are prohibited from entering into a contract valued at $25 or more with any State agency, much less their own State agency. There are very limited exceptions such as contracts for the development of scientific innovations or for rental agreements with a State agency that rents space or provides services to assist small businesses (pursuant to the same terms and conditions offered to the general public).
If you have any questions please contact us.