APS 5013 - Acting and Interim Appointments for Officer and Exempt Professional Positions

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Policy Profile

Policy Title: Acting and Interim Appointments for Officer and Exempt Professional Positions 
APS Number: 5013
Effective: January 1, 2011
Approved by: President Bruce D. Benson
Responsible University Officer: Senior Associate Vice President and Chief Human Resource Officer
Responsible Office: Senior Associate Vice President and Chief Human Resource Officer
Policy Contact: Senior Associate Vice President and Chief Human Resource Officer 303-860-5617
Supersedes: Procedures for Making Acting Appointments to Administrative Positions, 11/20/95
Last Reviewed/Updated: January 1, 2011
Applies to: University-wide

Policy Snapshot

Brief Description:  Provides guidance for making acting or interim appointments to non-faculty positions that are exempt from the state personnel system (Administrative Positions).

Reason for Policy:  To provide guidelines not addressed in Regent Policy

I. Introduction

This Administrative Policy Statement provides guidance for making acting or interim appointments to non-faculty positions that are exempt from the state personnel system (Administrative Positions). These positions include: (1) Officers; (2) Exempt Professionals; (3) Department Chairs; (4) Associate and Assistant Deans. For the purposes of this policy, the terms "acting" or "interim" are used interchangeably. This APS does not apply to acting or interim appointments for officer positions that report directly to the Board of Regents.

II. Policy Statement

  1. An acting or interim appointment may be made to an Administrative Position on a temporary basis if it is determined by the position's appointing authority to be in the best interests of the university. Usually, standard appointments to vacant positions should be made as soon as possible given the circumstances of the vacancy and in the best interests of the university
  2. All acting or interim appointments to Administrative Positions must be approved in accordance with Regent Policy 2K.
  3. In advance of making an offer of an acting or interim appointment to a prospective appointee, the Appointing Authority shall prepare a letter of offer, or addendum to the current letter of offer if responsibilities are being absorbed into the current position on a temporary basis, that includes the following terms and conditions:
    1. A statement regarding the duration of the acting or interim appointment, and explanation that extensions of time-specific acting or interim appointments must be approved as personnel matters pursuant to Regent Policy 2K.
    2. Ordinarily, acting or interim appointments should not exceed a period greater than one year. However, acting or interim appointments may continue beyond a one-year period, subject to approval as a personnel matter pursuant to Regent Policy 2K.
    3. As determined by the Appointing Authority, a statement regarding the position the prospective appointee already occupies, in the form of one of the following options:
      1. The Appointing authority may allow the prospective appointee to remain in the position s/he already occupies, and assign the additional duties and responsibilities of the Administrative Position on an acting or interim basis;
      2. As an inducement for the prospective appointee to accept the acting or interim appointment, the Appointing Authority may agree to hold open the position already occupied by the prospective appointee, or to fill the position already occupied by the prospective appointee on a temporary basis, for the duration of the acting or interim appointment;
      3. The Appointing Authority may decide that the position already occupied by the prospective appointee shall remain subject to administrative discretion as exercised in the normal course of business.
    4. A statement regarding the Appointing Authority's determination of a reasonable and appropriate salary to be paid to the prospective appointee while serving in the acting or interim capacity. Such determination shall be subject to the regular salary approval process, pursuant to Regent Policy 2K and  Regent Policy 11C.
    5. A statement regarding terms and conditions for annual and sick leave accrual, and benefits eligibility for the period of the interim appointment; or, the terms and conditions of such benefits that depart from those of a regular exempt professional appointment (if any), subject to advance, written approval of the respective campus or system administration human resources office.
    6. Except as otherwise provided in a term employment contract as approved by the Board of Regents, the following statements regarding at-will employment; controlling terms and conditions, and ethical standards, as follows:
      1. This is an at-will appointment and is subject to all the rules and policies of the university. Your employment is subject to termination by either you or the university at any time. Except as provided by law, no compensation shall be owed or paid to you upon or after the termination of your employment unless it was earned prior to termination.
      2. The terms and conditions of this acting or interim appointment as stated in this letter of offer supersede any conflicting provisions that may be contained in employee handbooks, but may not supersede Regent Laws or Policies or state law. However, the terms and conditions of this acting or interim appointment are subject to any changes to the university's employment policies that affect all employees of the officer or exempt professional class, as applicable.
      3. You (the appointee) agree to uphold ethical standards appropriate to your position, including, but not limited to, complying with all applicable laws, rules, regulations, and policies, and reporting suspected or known noncompliance as required by Regent and University policies.
    7. If the prospective appointee is a certified employee of the state personnel system, the letter of offer shall include a statement providing for a leave without pay from the classified position that the prospective appointee already occupies, for the duration of the initial period of the acting or interim appointment. Such statement shall also provide that upon termination of the initial period of the acting or interim appointment, the appointee shall be reinstated to her/his former classified position, without loss of any rights or benefits accruing to that position in her/his absence, and with restoration of all accrued unused leave remaining at the time of acceptance of the acting or interim appointment. In the event the appointee's classified position no longer exists, layoff procedures shall apply.
  4. If the appointee is selected, through search procedures, for the standard appointment to the Administrative Position in which the appointee serves on an acting or interim basis, the standard appointment to the Administrative Position and salary will be treated as personnel matters subject to approval pursuant to  Regent Policy 2K.

III. Interpretation

Subject to the President's authority to interpret university policies, the Office of the Senior Associate Vice President and Chief Human Resource Officer shall provide interpretive guidance for this policy.

IV. History

  • Original, Officer and Exempt Professional Positions, 5/1/84
  • Revised 11/20/95
  • Revised 7/1/05
  • Revised 1/1/11