Paid Work Outside the Foundation

Work at the Foundation is considered a full-time job for exempt and non-exempt Staff. Staff members may, however, have outside interests, hobbies, or personal activities in which they wish to engage that could result in outside income or may wish to supplement their income from the Foundation.

Outside paid activities can, however, create conflicts of interest with the Foundation’s work, conflicts of purpose with responsibilities to the Foundation, potentially adversely impact the Foundation’s reputation or, in extreme cases, create liability for the Foundation. The Foundation, therefore, adopts this Policy on Paid Work Outside the Foundation to balance the needs of the Foundation with the personal outside interests of Staff consistent with the Foundation’s values.

This policy rests on the presumption that generally opportunities for Staff to work outside the Foundation for pay should be limited due to their work responsibilities at the Foundation. Non-exempt Staff are, however, limited to a 35-hour work week unless they work overtime while exempt Staff are expected to work the necessary hours to complete their work which may exceed 35-hours per week. There may be instances therefore where paid outside work does not conflict with the Foundation's interests, does not create a conflict of purpose with the Staff member’s responsibilities to the Foundation, or is part of a career development plan for the Staff member. In these instances, a Staff member may engage in outside work under the terms of this policy.

This policy calls for disclosure of the proposed arrangements, prior approval, and common-sense judgment by Staff members based on the principles of this policy. The policy also clarifies when the policy is not applicable to certain activities as described below.

This policy applies to all Staff. For purposes of this policy, work outside the Foundation includes self-employment, consulting, teaching, paid board seats, or other part-time work not expressly excluded from the policy. Staff may accept paid work under the following conditions and in accordance with the procedures described below:

• Such work does not conflict with the interests of the Foundation.
• Such work should not be for an organization that is a current or past Foundation grantee, vendor or investment manager or firm, or is reasonably likely to be under consideration for future Foundation grants or business relationships. Any exceptions must be approved by the President in consultation with the Vice President, General Counsel, and Secretary (“VP/GC”).
• Acceptance of outside work will not detract from the Staff member’s ability to attend fully to his/her Foundation responsibilities. Outside work should not ordinarily occur during the Foundation’s 35-hour work week unless the outside work is of limited duration and the Staff member takes vacation or personal time for such activities. Outside work done after hours or during the weekend may be of an ongoing nature so long as it otherwise meets all of the conditions described herein.

Activities to Which the Policy Will Not Apply Except as Noted

The policy does not apply to, and no disclosure is required for, Staff engaged in hobbies or artistic or other personal interest activities even if the Staff member may occasionally sell the results of their efforts or earns income therefrom provided that (i) the Staff member concludes that the activity is not in contravention of the conditions described above and (ii) the time devoted to such activities and the income derived therefrom does not become material relative to their job responsibilities and Foundation compensation. While material may depend on the particular job responsibilities and compensation levels, in general time commitments that exceed twenty hours per week and income that exceeds twenty percent (20%) of the Staff member’s overall income annually would be deemed material.

In addition, this policy does not apply to, and no disclosure is required for, a Staff member providing only occasional consulting advice to friends, family, or other close associates and not holding themselves out as being in the business of consulting on subjects unrelated to the Foundation or the field of philanthropy provided that (i) the Staff member concludes that the activity is not in contravention of the conditions above and (ii) such services do not result in income that exceeds twenty percent (20%) of the Staff member’s overall income on an annual basis. Any questions regarding the applicability of the policy should be directed to the VP/GC.

If the conditions described above result in the application of the policy to the Staff member’s activities or services, the Staff member may still seek permission from their supervisor in accordance with the terms and procedures of this policy.

• All outside paid work must be approved in advance by the relevant supervisor and Managing Director or Vice President for the area or department. In requesting permission, the Staff member should disclose the nature of the outside work and, if applicable, the organization for which the work will be done, the expected time period for the work, and the fee, compensation, or benefits involved. This includes any reimbursements, allowances, or gifts with a value in excess of $100. The Foundation’s Conflicts of Interest and Gifts Policy applies.
• The Managing Director or Vice President should consult with the Managing Director of People and Culture and the VP/GC regarding the recommended decision. In determining whether to approve the request, in addition to the conditions above, the following should be considered: whether the requesting Staff member is exempt or non-exempt; the nature of the individual’s job responsibilities; and other circumstances deemed relevant to the particular situation.
• If the work is approved, Staff should submit a disclosure of paid outside work to the Managing Director of People and Culture who will keep a list of all such approved assignments.
• If the work is to be done during normal Foundation business hours, such assignment should only be accepted if the Staff member takes vacation time, leave without pay, or makes arrangements for reduced time.
• If the assignment or nature of the work changes in any material respect, the Staff member should notify his/her supervisor and the Managing Director of People and Culture, and request approval to continue the assignment or work.
• Staff members carrying out approved outside work should not impose on support Staff or use Foundation resources in connection with the outside assignments.
• Staff members may be requested to discontinue their outside activities if the Foundation concludes that continued work would be in conflict with the Foundation or has or will cause the Foundation reputational harm or give rise to liability.

 

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