(1) Activities by non-employees:
(a) An organization or non-employee which
intends to solicit, advertise, or distribute literature to employees must, each
visit:
(i) Give advance notice of forty-eight
hours of such intention by contacting the facility administrator for each
facility.
(ii) At the time the
advance notice is given, provide a list of the names of the persons or
alternates who wish access to the premises.
(iii) In the event two or more requests for
access to a facility for the same or overlapping times have been made, the
facility administrator should attempt to provide alternate designated areas. In
the event that no alternate designated area is available, the facility
administrator will grant access to the available designated area on a rotating
basis with equal time for its use.
(iv) If the designated areas are unavailable
due to a prior reservation, then the facility administrator shall immediately
notify the requesting party of such conflict.
(b) An organization or non-employee may
solicit, advertise, or distribute literature in designated areas, provided the
employees being solicited are on non-working time. Designated areas are to be
determined by the facility administrator and a list of such areas will be made
available by the facility administrator upon request.
(c) An organization or non-employee may not
distribute literature nor solicit employees in any work area, regardless of the
fact that the employees are on non-working time.
(d) An organization or non-employee shall be
permitted to submit notices for posting to the facility administrator. Such
notices must be a reasonable size so as not to obstruct any other notices. All
organizations or non-employees will have equal posting rights to any designated
posting area. A list of the designated posting locations will be made available
by the facility administrator upon request.
(e) An organization or non-employee shall be
permitted to solicit or distribute literature in designated parking lots
without providing advance notice.
(f) Solicitation or use of advertising
material by a private business concern or individuals may be permitted when
such effort is in support of university programs, provided it is authorized in
advance by university marketing and communications.
(2) Activities by employees:
(a) An employee may solicit other employees
in both non-work and work areas only if all employees involved are on
non-working time.
(b) An employee
may distribute literature in a non-work area on non-working time only if all
employees involved are on non-working time.
(c) University departments or other units may
be permitted to engage in solicitation for the university and/or their own
departments with the prior approval of university marketing and communications.
Said departments or units may not advertise for the university or themselves
without the prior approval of university marketing and communications. Specific
advertising must be reviewed and approved by university marketing and
communications in advance as well as the choice of media for
placement.
(3)
Disruptive conduct:
The facility administrator reserves the right to regulate any
solicitation or distribution activities by any non-employee or employee which
disrupts or interferes with the normal work flow at the facility.
(4) Definitions:
(a) "Designated area" - means a facility
location to be determined by the facility administrator.
(b) "Designated parking lot" - means an area
to be determined by the facility administrator where employees and/or visitors
park motor vehicles.
(c)
"Organization" - means a body of persons established for a specific
purpose.
(d) "Facility" - means any
work or non-work areas comprising one worksite which is governed by and under
the control of a state agency, department, board or commission.
(e) "Facility administrator" - means persons
designated by an appointing authority to be contacted regarding solicitation or
distribution activities conducted at any facility under the jurisdiction of the
appointing authority.
(f)
"Non-employee" - means any person not employed at the facility where
solicitation is conducted, or any person not in an active work
status.
(g) "Non-work area" - means
areas to be determined by the facility administrator, and generally includes
lobbies, cafeterias, public areas or designated parking lots.
(h) "Non-working time" - means approved
leaves, lunch periods, and before and after scheduled working hours.
(i) "Solicitation" - means any activity
conducted for the purpose of advertising, promoting, or selling any product or
service, or encouraging membership in any group, association or
organization.
(j) "Work area" -
means areas to be determined by the facility administrator, and generally
includes offices, work stations, conference rooms and corridors leading
directly thereto which are used as an integral part of performing work and any
area where the employee performs his/her official duties. In agencies where
services are being delivered to the public, the entire public area is
considered a work area. In hospitals, generally patient-care areas and areas
where visitors have access and patient care is involved are work
areas.
(k) "Working time" - means
that time when an employee's duties require that he or she be engaged in work
tasks, but does not include an employee's own time, such as meal periods,
vacations, time before or after a shift.