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Finding 14: Former EVP for Finance and Administration Failed to Notify KSU of His Dual Employment Creating a Conflict of Commitment.
Records from KSU and Tennessee State University (TSU) confirm the KSU’s former EVP for Finance, who now serves as TSU’s Vice President (VP) of Business and Finance, was concurrently employed at both institutions between May 1, 2021, and June 25, 2021. By KSU’s Conflict of Commitment policy, “[e]mployees are expected to devote their primary professional loyalty, time, and energy to Kentucky State University teaching, research and service endeavors.” If intending “to engage in an external activity that involves significant effort outside of the University and that may present a Conflict of Commitment” an employee “must complete a Conflict of Commitment and Interest Disclosure” and have written supervisory approval. KSU’s HR Director and former President each stated that the former EVP for Finance did not advise them of his ongoing employment at both institutions, did not complete the required disclosure, and did not seek approval from the University to permit dual employment.
While concurrent employment is not a statutory or regulatory violation, without prior notice and KSU approval, it does appear to violate the terms and conditions of the former EVP for Finance’s terms and conditions of employment. The lack of prior approval notwithstanding, considering the role and full-time work responsibilities held simultaneously at KSU and TSU, it is questionable whether the former EVP for Finance was able to fulfill his full-time job responsibilities at KSU over the two-month period.
TSU records identify that the former EVP for Finance began work at TSU as its VP of Business and Finance at least a month prior to submitting his letter of resignation to KSU. The former EVP for Finance’s letter of resignation is dated May 31, 2021, to be effective June 30, 2021. On June 17, 2021, the HR Director forwarded the former EVP for Finance’s resignation to the former President advising that the resignation letter was submitted to the former Payroll Director in the HR Director’s absence the week prior. A campus-wide announcement was then made on June 23, 2021, advising that the former EVP for Finance was leaving KSU to accept a position at TSU. While the former EVP’s letter of resignation was dated May 31, 2021, TSU records identify that the former EVP for Finance began work at TSU as its VP of Business and Finance on May 1, 2021; at least a month prior to submitting his
The former EVP for Finance’s letter of resignation is dated May 31, 2021, to be effective June 30, 2021. On June 17, 2021, the HR Director forwarded the former EVP for Finance’s resignation to the former President advising that the resignation letter was submitted to the former Payroll Director in the HR Director’s absence the week prior. A campus-wide announcement was then made on June 23, 2021, advising that the former EVP for Finance was leaving KSU to accept a position at TSU. While the former EVP’s letter of resignation was dated May 31, 2021, TSU records identify that the former EVP for Finance began work at TSU as its VP of Business and Finance on May 1, 2021; at least a month prior to submitting his
letter of resignation. Additionally, despite indicating his last day would be June 30, 2021, KSU's HR Director confirmed the former EVP's last day as June 25, 2021.
KSU emails identify that the former EVP for Finance was sending emails from his KSU email account to his TSU email account as early as May 24, 2021. On May 24, 2021, the former EVP for Finance forwarded to his TSU email account preliminary Board meeting materials that would later be presented, discussed, and acted upon by KSU’s Board of Regents at is June 3, 2021, regular meeting. Given that the former EVP for Finance had access to this information through his KSU account, it is unclear why he would need to transfer preliminary KSU documents, including a presentation and update on KSU’s internal endowed funds, proposed budget materials, and a preliminary contract to his new employer’s email system. This does not appear to be appropriate management of KSU records.