Problematic Expense Guide - A to Z
- Employee or Former Employee as Contractor – Engaging current UNM employees or former employees who were employed by the University within the past 12 months in a contractor, vendor or honorarium relationship is a prohibited use of University funds.
- The Reason this is Unallowable – The State of New Mexico considers it a conflict of interest for the University to contract with an individual within 12 months of their employment with the University. Such payments would violate State Law, specifically the New Mexico Governmental Conduct Act. This would also violate several corresponding University Administrative Policies based on that law, including Policy 3720: Employee Code of Conduct and Conflicts of Interest, Section 6: University Employees Within the Preceding Twelve (12) Months, Policy 4320: Purchasing Goods off Campus, Section 1.2: Conflicts of Interest, and Policy 4325: Purchasing Services from Independent Contractors, Section 3: Conflict of Interest.
- Possible Allowable Alternatives - Try this Instead:
- For current employees, contact Human Resources regarding the Extra Compensation Program.
- Contact the University Chief Procurement Officer to request a written waiver/exception which can be allowable under the New Mexico Governmental Conduct Act in some situations.
- If a unit has funds available at the UNM Foundation, the Foundation may be able to pay for these expenses directly. With the UNM Foundation existing as a legally separate Non-Profit entity and not a governmental entity like the University, New Mexico government spending restrictions do not apply to funds that are disbursed directly by the Foundation.
- The Reason this is Unallowable – The State of New Mexico considers it a conflict of interest for the University to contract with an individual within 12 months of their employment with the University. Such payments would violate State Law, specifically the New Mexico Governmental Conduct Act. This would also violate several corresponding University Administrative Policies based on that law, including Policy 3720: Employee Code of Conduct and Conflicts of Interest, Section 6: University Employees Within the Preceding Twelve (12) Months, Policy 4320: Purchasing Goods off Campus, Section 1.2: Conflicts of Interest, and Policy 4325: Purchasing Services from Independent Contractors, Section 3: Conflict of Interest.
