N.J. Admin. Code § 19:61-6.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:61-6.7 - Compensation for published work(s)

(a) Except as provided in (e) below, a State official shall not accept compensation for published work(s) created as part of his or her official duties on State time utilizing State resources, but may accept compensation for published works not created as part of his or her official duties.

(b) A State official shall secure the permission of the department head to accept compensation for published work(s) not created as part of his or her official duties. In determining whether such approval can be granted, the Department head shall consider the provisions of the Conflicts of Interest Law, the Uniform Ethics Code, an agency's supplemental code of ethics, if applicable, any applicable Executive Orders, the Commission's Guidelines Governing Outside Activities, any other applicable guidelines or rules of the Commission, any applicable administrative policies of the agency, and the following conditions:

1. Whether compensation is being paid by an interested party;

2. Whether the published work(s) uses or discloses information not generally available to the public;

(c) The State official shall prepare the published work(s) on his or her own time, without using the services of other State officials or resources owned by the State.

(d) Except as provided in (e) below, the State official shall not use his or her official title in any way in soliciting compensation.

(e) A State official acting in a scholarly capacity may accept compensation for published works created as part of his or her official duties on State time utilizing State resources.

(f) A State official acting in a scholarly capacity may require the use of his or her own published work in a course that he or she teaches. However, monies resulting from such use must be donated to the college or university or other nonprofit institution.

(g) A State official acting in a scholarly capacity may accept compensation for the use of his or her published work in a course that he or she does not teach, provided that he or she was not involved in the selection of the published work for use in that course.

Examples

As part of his official duties, a Department of Transportation employee evaluates surveying equipment and trains Department employees on its use. The employee recently completed an in-depth evaluation of 10 different types of surveying instruments and made a recommendation to the purchasing unit. The employee would like to publish the entire report in Transportation Magazine. He has been offered $ 500.00 for the article. The Department must make a policy decision as to whether the article may be published. The employee is prohibited from accepting compensation for the article, even if the Department grants permission for the publication, since it was created as part of his official duties prepared on State time and utilizing State resources.

An Environmental Technician at the Department of Environmental Protection has been asked to write an article for an environmental journal on how New Jersey's automobile emission standards differ from those of Pennsylvania. He has been offered $ 500.00 for the article. The Environmental Technician is permitted to publish the article and receive compensation since it is on a subject matter related to, but not a part of, his official duties, so long as he prepares the article at home, on his own time, without using any State resources.

N.J. Admin. Code § 19:61-6.7

Recodified from 19:61-6.6 and amended by R.1997 d.88, effective 2/18/1997.
See: 28 N.J.R. 4755(b), 29 N.J.R. 593(a).
Substantially amended (b)1 and (b)2; and recodified (b)3 and (b)4 as (c) and (d). Former section recodified to N.J.A.C. 19:61-6.8.
Amended by R.2006 d.292, effective 8/21/2006.
See: 38 N.J.R. 1804(a), 38 N.J.R. 3318(a).
In introductory paragraph of (b), inserted "the uniform ethics code", substituted "agency" for "departmental" preceding "code of ethics", deleted "departmental" preceding "administrative policies" and inserted "of the agency"; and in (d), deleted "and shall indicate that his or her views do not represent those of the State" from the end.
Amended by R.2007 d.67, effective 2/20/2007.
See: 38 N.J.R. 4685(a), 39 N.J.R. 670(a).
In the introductory paragraph of (b), substituted "Governing Outside Activities" for "for Secondary Employment".
Amended by R.2007 d.357, effective 11/19/2007.
See: 39 N.J.R. 3286(a), 39 N.J.R. 4951(a).
In (a), substituted "Except as provided in (e) below, a" for "A"; in (d), substituted "Except as provided in (e) below, the" for "The"; and added (e) through (g).
Amended by R.2012 d.045, effective 2/21/2012.
See: 43 N.J.R. 1515(a), 44 N.J.R. 519(a).
In the introductory paragraph of (b), substituted "Uniform Ethics Code, an agency's supplemental code of ethics, if applicable," for "uniform ethics code, the agency code of ethics,"; in the first and second paragraphs following Examples, substituted "$ 500.00" for "$ 500"; and in the first paragraph following Examples, substituted "10" for "ten".