2017 AmeriCorps New Program Directors Orientation “OH THE PLACES YOU WILL GO!”

Volunteer Florida Program Managers Top Compliance Issues Jane Atkinson & Arnold McKay Volunteer Florida Program Managers

Background Checks Why they matter Protecting vulnerable populations Background Checks Why they matter Protecting vulnerable populations. One in 10 young people will be abused before they turn 18 and many of our programs serve youth. Noncompliance can have serious consequences.

NSCHC You can find more information on this process: In your New PD Orientation Handbook (jump drive), Part B Volunteer Florida Contract CNCS Video Training Library Reach out to your Program Manager

Who needs a check? All staff and members must complete a check through the National Sex Offender Registry, as well as a State (potential State of Residency) and FBI check. No exceptions! An individual in a covered position may be paid wholly from federal share, wholly from matching dollars, or from a mixture of federal and non-federal funds. The source of the funds has no impact on the status of the position as covered or not covered.

Eligibility: Who Cannot Serve Eligibility: Who Cannot Serve? Anyone who refuses to undergo the check is ineligible. Anyone who makes a false statement in connections with a program’s inquiry concerning their criminal history. Anyone listed on a sex offender registry is ineligible. Anyone convicted of murder is ineligible.

Create and Document Your Policies 1 Create and Document Your Policies 1. Clarify “before the start of work or service.” 2. Clarify “initiation”- one step beyond permission to conduct a background check. 3. Clarify “accompaniment.”

Get Consent to Conduct the Check You must have consent before running a background check. Refusing to consent results in ineligibility to serve.

Run the NSOPW Type the potential member’s name at nsopw.gov. Verify any hits are not the potential member by initialing. All states and territories must clear for the check to be considered complete, if a state repository is down at the time of the check, you must conduct the check again later. Keep all source documentation to be submitted with your Exhibit lll.

Initiate State and FBI Checks State(s) and/or FBI checks must be initiated before candidate begins work or service. You must complete a check for the state of service and state of residency, as applicable. When using a vendor, make sure the results are from CNCS-approved sources.

Accompaniment If State and FBI checks have been initiated, but not completed, when members start at their service sites, you must provide accompaniment.   Accompaniment can be provided by anyone on site who has completed the three part background check. Be sure to document accompaniment. Accompaniment can cease once either State or FBI checks are complete.

Exhibit lll Include all members and staff on the Exhibit lll Exhibit lll Include all members and staff on the Exhibit lll. Submit all source documentation. If you add members later in the year, you’ll need to update and resubmit your Exhibit lll so that everyone is on one document.

Maintain Documentation Recommended File Structure: NSCHC Documentation Checklist Documentation of Start Date Verification of Identity Documentation of Consent National Sex Offender Public Website Results, including the dates conducted, documentation that results were reviewed and the results of any additional searches conducted State of Service Check, including documentation of dates initiated, source, results, and consideration of results (If applicable) State of Residence Check, including documentation of dates initiated, source, results, and consideration of results (If applicable) FBI Check, including documentation of dates initiated, source, results, and consideration of results Accompaniment ASPs/Exemptions

Time Line

Compliance Checklist

Common Compliance Findings

Let’s Play: The Cost Disallowance is Right!

NSCHC Group Activity

Prohibited Activities You can find these in AmeriCorps terms and conditions Exhibit IV. These should be included in the following program documents: Member Service Agreement Service Site Agreement Position Description Orientation Agenda

Prohibited Activities 1. Attempting to influence legislation; 2. Organizing or engaging in protests, petitions, boycotts, or strikes; 3. Assisting, promoting, or deterring union organizing; 4. Impairing existing contracts for services or collective bargaining agreements; 5. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; 6. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; 7. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization

Prohibited Activities 8. Providing a direct benefit to— a. A business organized for profit; b. A labor union; c. A partisan political organization; d. A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in political activities or substantial amount of lobbying except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and e. An organization engaged in the religious activities described in paragraph C. 7. above, unless CNCS assistance is not used to support those religious activities; 9. Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive; 10. Providing abortion services or referrals for receipt of such services; and 11. Such other activities as CNCS may prohibit.

Prohibited Activities Fundraising MEMBERS are prohibited from engaging in any fundraising activities as a part of their service term with the PROGRAM. CNCS regulations allow AmeriCorps members to fundraise for their program under certain circumstances. However, programs are allowed to be more restrictive than the regulations. For reference, the full text of the CNCS regulation regarding fundraising follows. Under what circumstances may AmeriCorps members in my program raise resources? 1. AmeriCorps members may raise resources directly in support of your program’s service activities. Examples of fundraising activities AmeriCorps members may perform include, but are not limited to, the following: a. Seeking donations of books from companies and individuals for a program in which volunteers teach children to read; b. Writing a grant proposal to a foundation to secure resources to support the training of volunteers; c. Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals; d. Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community-based organization; e. Seeking donations from alumni of the program for specific service projects being performed by current members. 2. AmeriCorps members may not: a. Raise funds for living allowances or for an organization's general (as opposed to project) operating expenses or endowment; b. Write a grant application to the Corporation or to any other Federal agency. [Reference: 45 CFR §2520.40] How much time may an AmeriCorps member spend fundraising? An AmeriCorps member may spend no more than ten percent of his or her originally agreed-upon term of service, as reflected in the member enrollment in the National Service Trust, performing fundraising activities, as described in §2520.40. [Reference: 45 CFR §2520.45]

Prohibited Activities Nonduplication Corporation assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of [the non-displacement clarifications below] of this section are met, Corporation assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides. [Reference: 45 CFR §2540.100(e)]  

Prohibited Activities Nondisplacement 1. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance. 2. An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance. 3. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. 4. A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee. 5. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that— a. Will supplant the hiring of employed workers; or b. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. 6. A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any— a. Presently employed worker; b. Employee who recently resigned or was discharged; c. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; d. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or e. Employee who is on strike or who is being locked out.  

Members Programs Nationally Why does it matter? Members Programs Nationally

Policies- What to do if Prohibited Activities Occur Notify your program manager/state commission if you discover a violation of the prohibited activities. Document everything. Re-train staff, members, volunteers. Follow-up within a reasonable period to confirm correction. Take management steps if correction does not occur (e.g., terminate staff or member, end site partnership).

Timesheets Errors can result in member hours disallowed, delayed reimbursement or costs disallowed, inspector general audits. The program is required to ensure that time and attendance recordkeeping is conducted by the AmeriCorps member’s supervisor. This time and attendance record is used to document member eligibility for in-service and post-service benefits.

What needs to be on a timesheet Member’s name Time in and out Total hours Percentage of time devoted to service, training, fundraising Signatures of member and program director Certification statement

Remember! A timesheet showing no service or training hours cannot be submitted for reimbursement.

Let’s play… No stipend for you!