General Assembly Substitute Bill No. 872
January Session, 2017 *_____SB00872HED___032117____*
General Assembly
Substitute Bill No. 872
January Session, 2017
*_____SB00872HED___032117____*
AN ACT CONCERNING THE FACULTY CONSULTING OVERSIGHT COMMITTEE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (r) of section 1-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(r) (1) Notwithstanding the provisions of subsections (b) and (c) of this section, a member of the faculty or a member of a faculty bargaining unit of a constituent unit of the state system of higher education may enter into a consulting agreement or engage in a research project with a public or private entity, provided such agreement or project does not conflict with the member's employment with the constituent unit, as determined by policies established by the board of trustees for such constituent unit.
(2) (A) The board of trustees for each constituent unit of the state system of higher education shall establish policies to ensure that any such member who enters such a consulting agreement or engages in such a research project [(A)] (i) is not inappropriately using university proprietary information in connection with such agreement or project, [(B)] (ii) does not have an interest in such agreement or project that interferes with the proper discharge of his or her employment with the constituent unit, and [(C)] (iii) is not inappropriately using such member's association with the constituent unit in connection with such agreement or project. Such policies shall [(i)] (I) establish procedures for the disclosure, review and management of conflicts of interest relating to any such agreement or project, [(ii)] (II) require the approval by the chief academic officer of the constituent unit, or his or her designee, prior to any such member entering into any such agreement or engaging in any such project, and [(iii)] (III) include procedures that impose sanctions and penalties on any member for failing to comply with the provisions of the policies. Annually, the internal audit office of each constituent unit shall audit the constituent unit's compliance with such policies and report its findings to the committee of the constituent unit established pursuant to subdivision (3) of this subsection. For purposes of this subsection, "consulting" means the provision of services for compensation to a public or private entity by a member of the faculty or member of a faculty bargaining unit of a constituent unit of the state system of higher education: [(I)] When the request to provide such services is based on such member's expertise in a field or prominence in such field, and [(II)] while such member is not acting in the capacity of a state employee, and "research" means a systematic investigation, including, but not limited to, research development, testing and evaluation, designed to develop or contribute to general knowledge in the applicable field of study.
(B) The Board of Regents for Higher Education shall designate the academic and student affairs committee of the board to serve as the consulting oversight committee responsible for monitoring the compliance of the Connecticut State Colleges and Universities with the provisions of this subsection. Such committee shall (i) review the annual reports submitted by the internal audit office, pursuant to subparagraph (A) of this subdivision, (ii) make recommendations, as appropriate, to the Board of Regents for Higher Education concerning the policies and procedures of the constituent unit established pursuant to subparagraph (A) of this subdivision, including any changes to such policies and procedures, and (iii) provide the Office of State Ethics with an annual report of the committee's policies, procedures and recommendations concerning faculty consulting oversight.
(3) There is established a committee for [each constituent unit of the state system of higher education] The University of Connecticut to monitor [the constituent unit's] The University of Connecticut's compliance with the policies and procedures described in subdivision (2) of this subsection governing consulting agreements and research projects with public or private entities by a member of the faculty or a member of a faculty bargaining unit of [such constituent unit. Each] The University of Connecticut. Such committee shall consist of nine members as follows: (A) Three members, appointed jointly by the Governor, the speaker of the House of Representatives, the president pro tempore of the Senate, the majority leader of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives and the minority leader of the Senate, who shall serve as members for each such committee; (B) one member appointed by the chairperson of [the constituent unit's] The University of Connecticut's board of trustees from the membership of such board; (C) the chief academic officer of [the constituent unit] The University of Connecticut, or his or her designee; (D) three members appointed by the chief executive officer of [the constituent unit] The University of Connecticut; and (E) one member appointed by the chairperson of the Citizen's Ethics Advisory Board from the membership of such board. Members shall serve for a term of two years. Any vacancies shall be filled by the appointing authority. [Each] Such committee shall (i) review the annual reports submitted by the internal audit office for [the constituent unit] The University of Connecticut, pursuant to subdivision (2) of this subsection, (ii) make recommendations, annually, to the board of trustees of [the constituent unit] The University of Connecticut concerning the policies and procedures of [the constituent unit] The University of Connecticut established pursuant to subdivision (2) of this subsection, including any changes to such policies and procedures, and (iii) send a copy of such recommendations, in accordance with section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and government administration.
(4) The provisions of subsections (b) and (c) of this section shall apply to any member of the faculty or member of a faculty bargaining unit of a constituent unit of the state system of higher education who enters such a consulting agreement or engages in such a research project without prior approval, as described in subdivision (2) of this subsection.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage 1-84(r)
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
1-84(r)
Statement of Legislative Commissioners:
In Section 1(r)(2)(B), "Academic and Student Affairs committee" was changed to "academic and student affairs committee of the board" for consistency with standard drafting conventions.
HED Joint Favorable Subst.
HED
Joint Favorable Subst.