Appointment Of MPP Or Staff Special Consultants Policy
For interpretation of this policy, please contact the responsible department: Human Resources Division, 909-537-5138
The CSU Special Consultant classification is used to appoint an individual to work under general direction to perform a special assignment or coordinate a special project based upon their knowledge, ability or expertise when there is no other appropriate CSU classification available. The classification must be used for work that meets the “exempt” criteria of the Fair Labor Standards Act (FLSA). The University can exercise control over how the work is performed. Special Consultants can be paid either a daily rate or an hourly rate. . The Special Consultant classification is not represented by a collective bargaining agreement. The Special Consultant salary is taxed (unlike the compensation for independent contractors, which is not taxed). Departments may not use the Special Consultant classification to appoint a CSUSB non-exempt employee to a temporary appointment.
Current CSU employees who accept additional employment as Special Consultants are subject to the Additional Employment Policy and the terms of the applicable collective bargaining agreement, which limit total employment within the CSU to a maximum of 125% of full time (includes all auxiliary organizations). The work must be of a significantly different nature from an individual’s normal or primary work assignment.
CSU Retired Annuitants who are appointed as Special Consultants are subject to CalPERS regulations which limit total employment to 960 hours (120 days) annually on a fiscal year basis. Retired Annuitants appointed as Special Consultants will be paid at an hourly rate. The consultant’s supervisor is responsible for monitoring the total time worked and total amount paid.
All requests for the use of the Special Consultant classification must be directed to the Human Resources Division before they are directed to begin work. An analysis of the duties to be performed and an assessment of available classifications to perform the specified duties will be made. If an existing classification, either at the staff level or management level, is appropriate for the specified duties, the existing classification will be utilized. If the review by Human Resources determines that an existing classification is appropriate, that classification will be assigned. If the review determines that the use of the Special Consultant classification is appropriate, the Special Consultant classification will be assigned. If the use of the Special Consultant classification is authorized, the following criteria will apply:
- The use of this classification will be for a limited time period with specific beginning and ending dates for the appointment.
- Regular employment procedures will apply for the individual selected, including an employment application, reference/background checks, other verifications, if appropriate, and, if necessary, fingerprinting.
- Special Consultants can be paid a daily rate or an hourly rate. The rate determined should be equal to the value of the work performed.
- Retired Annuitants appointed as Special Consultants will be paid at an hourly rate.
- Special Consultant appointments are to include the maximum amount of the total payment over the period of the appointment based upon a projection of the number of days required at the specified daily/hourly rate of pay and may not exceed the maximum amount without an extension of the appointment.
- The Human Resources Division will make all offers of employment to Special Consultants and process all employment documents as with any other appointment normally processed through the Human Resources Division. Please contact the Human Resources Division for procedures.
- If a Special Consultant appointment is to end prior to the ending date specified in the appointment letter, HR is to be notified so that the correct processing of the termination may be done in a timely manner.
New Consultants (without current or prior CSUSB employment) are required to comply with the Immigration Reform and Control Act of 1986 (IRCA) by completing a Federal I-9 Form and presenting original documents that establish identity and employment authorization to Human Resources Division. The documents must be presented on or before the first day of employment.
All Special Consultant appointments must be authorized by the Human Resources Division.