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POLICY

The selection of candidates for employment at the University shall be approved by the dean/director, president, vice president or Board of Trustees of State Institutions of Higher Learning, as appropriate. The Board of Trustees of State Institutions of Higher Learning has the sole power and authority to select the President of the University and to contract with all deans, professors, and other members of the teaching faculty, and executive, administrative, managerial, and other professional employees of the University who receive contracts. The vice presidents of the various University divisions have the sole power and authority to authorize the employment of the administrative, managerial, and other professional staff who do not receive contracts. If the salary of non-contract employees is $75,000 or more per year*, the Board of Trustees of State Institutions of Higher Learning has the sole power and authority to authorize employment. Deans/directors of the various University divisions have the power and authority to employ non-exempt staff and graduate assistants with vice president’s approval, if appropriate.

PROCEDURE

Prospective employees shall be provided written letters of offer. An offer of employment may be withdrawn if the prospective employee is unable to begin work by the date indicated in the letter of offer. Employment is encouraged to begin on the first day of the employee’s pay cycle. A copy of the letter of offer and acceptance shall be sent to the Department of Human Resources Management. The Department of Human Resources Management shall prepare the Employment of Personnel Agenda Item for the President's Recommendation to the Board or the Monthly Report of Non-Contractual Human Resources Actions, as appropriate.

Any special conditions of employment must be noted in the letter of offer. Sample statements of special conditions are:

1. Statement of funding availability for time-limited positions - Funding for this position is through a grant/contract from (name of funding agency) for the period beginning (date) and ending on or before (date) . Employment is contingent upon external funding. Acceptance of this position authorizes the funding agency access to applicable employment records.
   
   
2. Ending date of employment, if temporary or time-limited - This position is for the period beginning (date) and ending on or before (date) .
   
   
3. Restrictions regarding personal leave usage - Personal leave may only be used for vacations during the period (date) to (date). (See Personal Leave with Pay, #60-201).
   
   
4. The amount of the salary rate that is attributed to the administrative stipend for employees with faculty rank - The administrative stipend of $______ is included in your annual salary of $______. Subsequent salary increases will be added to the administrative stipend and the base salary at equivalent percentages unless otherwise noted in the annual letter of pay notification.

Specific items to be included in the letter of offer are listed below. Sample letters of offer for each category of employees follow. Letters of offer will not include any additional commitments on behalf of the University without prior approval from the appropriate vice president and the Director of Human Resources Management.

Faculty, Executive, Administrative, Managerial and Other Professional Staff Receiving Contracts - Terms shall include rank/title (if appropriate), salary rate, date employment begins, contract period (either 9 or 12 months), policies of contract renewal and tenure (if appropriate) and restrictions about personal leave usage, if applicable. Faculty members who are offered administrative positions shall retain rights of tenure in the academic department where tenure was granted. The additional salary, if any, for the administrative positions shall be stated in the letter of offer and the employment contract and shall not be paid to faculty members when they cease to hold the administrative position. When administrative positions are converted to faculty status without administrative responsibilities, the administrative stipend will be subtracted from the annual salary and the position converted to a nine-month position, if appropriate. A statement shall also be made that employment is contingent upon Board approval and upon proof that the employee is a U.S. citizen or has lawful authorization to work in the United States. (See sample letter, A for Executive, Administrative, Managerial and Other Professional Staff Receiving Contracts)(See sample letter, E for Faculty).

Executive, Administrative, Managerial and Other Professional Staff Not Receiving Contracts - Terms shall include title, salary rate, date employment begins, payment terms, restrictions about personal leave usage, if applicable, and a statement that the letter of offer is not a contract or offer of a contract. A statement shall be made that employment is contingent upon the vice president’s approval, proof that the employee is a U.S. citizen or has lawful authorization to work in the United States. (See sample letter, B).

Support Staff Employees - Terms shall include position title and level, rate of pay, date employment begins, work hours, a statement about whether the department/unit requires overtime work and how the overtime work is compensated, whether with overtime pay or compensatory time, restrictions about personal leave usage, if applicable, and a statement that the letter of offer is not a contract or offer of a contract. A statement shall be made that employment is contingent upon proof that the employee is a U.S. citizen or has lawful authorization to work in the United States. (See sample letter, C).

Graduate Assistants

Terms shall include title, rate of pay, date employment begins, work hours, a statement that the letter of offer is not a contract or offer of a contract, and a statement regarding the waiver of student tuition. A statement shall be made that employment is contingent upon proof that the employee is a U.S. citizen or has lawful authorization to work in the United States. (See sample letter, D).

HRM #60-104
Effective 12/14/87
Revised 11/8/00
9/29/05

* - Note - Policy revised to reflect change in IHL policy 401.0102.

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Sample Letters
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SAMPLE D
Graduate Assistant
     Letter of Offer

SAMPLE E
(Please note that faculty related letters are maintained by the office of the Provost and are located at:
http://www.msstate.edu/dept/academic_affairs/forms.htm )

For information about this policy, contact the  Department of Human Resources Management.