Alabama AmeriCorps… Continuing To Grow In Excellence

2014 Alabama AmeriCorps Grantee Meeting July 23-24, 2014 Marriott Grand National Opelika, Alabama

Purpose of AmeriCorps Funding AmeriCorps grants are awarded to eligible organizations Engaging AmeriCorps members in evidence-based or evidence-informed interventions to strengthen communities, while serving Members receive benefits such as a living allowance, health care and education award

Overview What Guides us? Compliance with the AmeriCorps grant Serve Alabama Expectations of AmeriCorps grantees Criminal History Checks, 2014 Provisions, Program Contract, Monitoring, Member Position Description, and Prohibited Activities

What Guides Us? Prior to October 1, 2009: NATIONAL AND COMMUNITY SERVICE ACT OF 1990 (as amended through P.L , approved ) After October 1, 2009: Edward Kennedy Serve America Act “Serve America Act”

Edward Kennedy Serve America Act The Serve America Act reauthorizes and expands national service programs administered by the Corporation for National and Community Service, a federal agency created in The Corporation for National and Community Service (CNCS) improves lives, strengthens communities, and fosters civic engagement through service and volunteering. As the nation's largest grant maker in support of service and volunteering, CNCS engages more than five million Americans of all ages and backgrounds in service to their communities each year through the Senior Corps, AmeriCorps, VISTA, NCCC, and Learn and Serve America programs, and leads President Obama’s call to service initiative, United We Serve.

Compliance Serve Alabama as the State Service Commission has the responsibility to ensure that programs are given resources, training and updates in regards to statutory and regulatory requirements of the AmeriCorps funds but ultimately the grantee is responsible for execution of the funds. Monitoring for compliance is a “check-up” from Serve Alabama for agencies but self monitoring should be an ongoing process. Compliance is a continuous process.

Serve Alabama Expectations Programs should report in a timely and thorough manner *report good detailed data and quality work. *report extensions (reports are not considered late if submitted by the extension date.) Programs to communicate needs, expectations, problems and significant changes promptly. Programs (staff and members) attend Serve Alabama and CNCS sponsored trainings. Adhere to program contract executed by the State Service Commission.

Serve Alabama Expectations Consequences Suspend reimbursement privileges until issues are resolved Suspend member until issue resolved (Examples: prohibited activities, unallowable activities, eligibility) Increased risk level resulting in additional site visits Suspension of AmeriCorps Grant Termination of AmeriCorps Grant

2014 Policy Update

Necessary Documents for Effective Program Management The NOFO, the CNCS Application Instructions and Serve Alabama Additional Instructions 2014 AmeriCorps Provisions The Final Rule on the Serve America Act ( Code of Federal Regulations “CFR”- online and searchable Serve Alabama AmeriCorps Policy Manual

CRIMINAL HISTORY CHECKS

National Service Criminal History Checks Under the Serve America Act (SAA), all grantees must conduct National Service Criminal History checks on participants and program employees in AmeriCorps, Learn and Serve, Foster Grandparent, Senior Companion and any other programs funded by the Corporation under National Service laws (Title 45 CFR Part 2540, Subpart B, Section 2540, ).

National Service Criminal History Checks WHO’S WHO? Individual in a Covered Position – My be paid wholly from federal share, wholly from matching funds, or from a combination of federal and non federal funds No Recurring Access – Episodic Access, that is not regular, scheduled, and anticipated component of an individual position Recurring Access - The ability on more than one occasion to approach, observe, or communicate with an individual

National Service Criminal History Checks INELIGIBLE TO SERVE OR WORK IN A COVERED POSITION 1.) Anyone who refuses to undergo the Check 2.) Anyone listed, or required to be listed, on a sex offender registry is ineligible 3.) Anyone who makes a false statement in con- nection with a program’s inquiry concerning their individual criminal history 4.) Anyone convicted of murder

National Service Criminal History Checks Programs should develop criminal history check policies that are fair to the individual, protect the populations they serve and guard their organizations against liability.

National Service Criminal History Checks NATIONAL SEX OFFENDER PUBLIC WEBSITE (NSOPW) WHAT: This requirement is to conduct a nationwide US Department of Justice NSOPW ( WHEN: Must be completed (conducted, cleared, documented) with dated printout BEFORE the start of service. Individuals cannot count hours until this check is complete. Do not hand write the date. HOW: This is a name based check. This is public information. No fees are charged.

National Service Criminal History Checks NATIONAL SEX OFFENDER PUBLIC WEBSITE Perform the NSOPW until all State Registries are cleared If the check was less than complete, you must recheck You may supplement the incomplete check with the missing state(s) DO NOT limit the search by doing the Advanced search, do not enter a zip code, state or other limiting criteria You must document and resolve all hits before the start of work or service. The result – document who confirmed that any hits are not the same person as the candidate.

National Service Criminal History Checks Recurring Access to Vulnerable Populations Children Age 17 and Under Individual Aged 60 and over Individuals with Disabilities REQUIRED CHECK: STATE REPOSITORY CHECK(S) AND FBI FINGERPRINT CHECK Accompaniment must be performed while checks are pending. An individual is accompanied when he or she is in the physical presence of a person cleared for access to a vulnerable population

FBI Check WHAT The check requires that you obtain a fingerprint based FBI check. For those who started on or after April 21, 2011 these checks are required and cannot be substituted in lieu of State check(s) when an individual in a covered position has recurring access to vulnerable populations. WHEN These checks must be initiated no later than the start of service. Any service hours accrued prior to initiation are ineligible. Results of the criminal information records are the actual criminal history rap sheets, or an adjudicated result from the official state repository or an FBI authorized recipient. Employees can start work/members service while FBI checks are pending but they cannot have access to vulnerable populations unless they are accompanied at all times by someone who has been cleared for access.

State Repository Check(s) – Alabama Bureau of Investigation (ABI) WHAT This check requires that you check both the State of residence and the State of service. The State of residence is determined at the time of application. WHEN These checks must be initiated no later than the start of service. Any service hours accrued prior to initiation are ineligible. HOW These checks must be obtained from the CNCS designated state repository. Results of the criminal information records are the actual criminal history rap sheets, or an adjudicated result from the official state repository or an FBI authorized recipient. Employees can start work/members service while State checks are pending but they cannot have access to vulnerable populations unless they are accompanied at all times by someone who has been cleared for access. Members that have been cleared can serve as accompaniers for other members whose criminal history checks are pending.

National Service Criminal History Checks BREAK IN SERVICE BREAK IN SERVICE – the break in service period is 120 days. There is NO break in service if the member comes back for a consecutive term within 120 days.

National Service Criminal History Checks Cost CNCS considers the cost of a criminal history check a reasonable and necessary grant expense. Unless approved by CNCS, a Sub- grantee may not charge applicants for the cost of a criminal history check. Maintenance of National Service Criminal History Check Records Programs keep the actual results of the criminal history checks in the participants’ files, unless prohibited from doing so by State law. AmeriCorps State programs may maintain criminal history checks in a separate locked file.

National Service Criminal History Checks REQUIREMENTS WITH DOCUMENTATION ¤ Verify Identity through government issue photo identification ¤ Obtain written from candidates to perform checks ¤ Document candidates understanding that his/her position is contingent on the results of the criminal history checks. ¤ Identify source for each component, make sure you are using an approved source ¤ Initiate State(s) and FBI Checks no later than the first day of work or service ¤ Provide and document accompaniment while checks are pending when service or work involve vulnerable populations ¤ Document receipt date when check results arrive for the State(s) and FBI Checks ¤ Document that you considered the results of the check components ¤ Maintain the results of the Check Components (3 checks) ¤ Maintain Confidentiality

National Service Criminal History Checks Alternative Search Procedure (ASP) Are the correct required sources used? (NSOPW, States, and FBI) Is there access to check results for oversight & monitoring? Are the results coming from the designated source for a state? (a school or partner declaration is not an official check result) Are all requirements found in regulations followed? … if one or more “no” answers, then an ASP is needed. What to Include in Your Request: Explain why you are requesting approval to use an ASP and describe the specific element(s) of the requirements that you would vary from. Describe the alternative process/system you plan to use to conduct a criminal history check. Provide a detailed description (if applicable) of the substantially equivalent source you propose using instead of the designated sources/alternates. If you are receiving clearance letters instead of the actual results from a partner or non-designated source/alternate, please include a copy of the written agreement you have in place to ensure that murder and sexual offenses deem an individual ineligible to serve and that no appeals can overturn this eligibility determination for the purposes of serving/working under a National Service program. If prohibited by state law, attach a copy of the statute or prohibition along with a legal analysis from either the Attorney General or legal counsel. Please submit where applicable a rejection letter from the CNCS designated repository. Perform accompaniment for those with recurring access to vulnerable populations while ASP decision is pending.

National Service Criminal History Checks Consequences Disallowed Service Term If found negligent full re-payment of stipend and education award If found as an isolated incident partial repayment

CRIMINAL HISTORY CHECKS RESOURCES National Service Network – NSCHC Online Course e/view.php?id=3236 Questions:

Other Policies Member Grievance Policy Member Evaluations (Written Performance Reviews) *minimal requirements: mid-year and end-of –term for full and half time member. End-of-term for less than half time. *minimally address the following factors: whether the member completed the required number of hours whether the member has satisfactorily completed assignments whether the member has met other performance criteria that were clearly communicated at the beginning of the service term Compelling Circumstance Exit

PROHIBITED ACTIVITIES

Are activities that are outside the scope of the grant or contrary to the law. Some activities are unallowable such as inappropriate fundraising. Who does this apply to? Grantee Staff, Subgrantee Staff, Program Participants/Members and Volunteers Programs cannot recruit, train, or manage someone else to do a prohibited activity (volunteer) When are activities prohibited? While earning service or training hours, When charging time to a CNCS Program and When the AmeriCorps logo is displayed or evident

PROHIBITED ACTIVITIES Unallowable Activities Outside of approved program scope Fundraising Limitations Displacement/Duplication/Supplantation Restrictions related to members as Team Leaders Training Restrictions Activities that do not demonstrate meaningful service

PROHIBITED ACTIVITIES CONSEQUENCES Activities that appear to be prohibited or unallowable can be questioned and disallowed - DISALLOWED Cost has to be repaid. Continued funding for Program may be at risk Negative publicity about AmeriCorps and YOUR Program

MEMBER POSITION DESCRIPTIONS

Considerations for Member Service Positions Member Position Description Outline Position Description Guidance Member Position Description Audit will be conducted on all programs in August

CHANGES TO 2014 PROVISIONS Reference your copy in your packet.

PROGRAM CONTRACT MAJOR CHANGE: Community Emergency Response Team (CERT) Training is NO Longer required, but some type of Disaster Training, such as Red Cross Enroll /Exit Members in the Portal and My Service Log (MSL) within 14 days CHANGES THAT ARE REQUIRED IN WRITING: Changes in Scope or Goals of the Program, whether or not they involve budgetary changes Changes in or Extended Absences of Program Director, Site Supervisor or other Key Personnel of the Program Substantial changes in the level of member supervision Changes in Site Location Slot Conversion(s) Extended Absences of AmeriCorps members due to health or occupational reasons

RISK-BASED MONITORING SYSTEM Monitoring for Compliance is determined by the Serve Alabama National Service Team after completing an assessment on each grantee annually before the start of the program year. Risk Levels are LOW, MODERATE, and HIGH In evaluation risks, the team may consider the following: Financial Stability, Quality of Management System, History of Performance, Timeliness of Reporting, Review of Form 990, Organization’s Annual Report and Website, Staff Turnover, Program Expansion and Increase in Member Slots Each grantee Monitoring Plan is determined by the risk level. Program Staff will receive a letter in the fall indicating your program’s level.

Reminders: Stay out of the political arena Congressional inquiry, climate of accountability and continuous improvement at CNCS for it’s grantees Stay abreast of policy changes and updates Visit and websites oftenwww.CNS.gov

Serve Alabama National Service Team 8 Commerce Street, 10 th Floor, Suite #1000 Montgomery, Alabama Jon Mason, Serve Alabama Director Lisa Castaldo, Deputy Director Christine Williams, National Service Director Ronica Faire, Serve Alabama Accountant Cesily Means, AmeriCorps Program Officer LaChasta White, Office Manager