Prohibited and Unallowable Activities AmeriCorps Project Director Training Saratoga, NY

1. Prohibited and Unallowable Activities AmeriCorps Project Director Training Saratoga, NY October 8, 2013

2. Introduction • Overview of Prohibited Activities • Position Description Exercise • Peer Discussion • Best Practices Exercise • Closing Thoughts

3. INTRODUCTION • Gain an understanding of what activities AmeriCorps members cannot perform during their service, their regulatory basis and the consequences of noncompliance • Understand how to recognize such activities in member service assignments and learn how to avoid them when designing member positions and placing members. • Share best practices for developing systems and processes for monitoring and training staff, members and site supervisors.

4. Overview of Prohibited Activities • Activities that are outside the scope of the grant or contrary to law • Terminology • Prohibited • Enumerated in 2013 AC Provisions, Section IV.D.3 • Unallowable • Other Activities addressed in the regulation • Examples: • Excessive and inappropriate fundraising • Displacement/duplication/supplantation

5. 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. Prohibited Activities (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;

7. Prohibited Activities (8) Providing a direct benefit to— (i) A business organized for profit; (ii) A labor union; (iii) A partisan political organization; (iv) A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in this section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and (v) An organization engaged in the religious activities described in paragraph (g) of this section, unless Corporation assistance is not used to support those religious activities;

8. Prohibited Activities (9) Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive; (10) Providing abortion services or referrals for receipt of such services; and (11) Such other activities as the Corporation may prohibit. 2013 AC Provisions IV.D.3; 45CFR Section 2520.65

9. Prohibited Activities AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training or managing others for the primary purpose of engaging in one of the activities listed above.

10. Prohibited Activities • Also included: • Grantee/Subgrantee Staff who appear on the CNCS AmeriCorps budget as either CNCS or Grantee share • Program participants/members • Volunteers – if recruited/trained or managed by the above

11. Prohibited Activities • When? • While charging time to a CNCS-supported program • While accumulating service or training hours toward an education award • While otherwise performing activities supported by CNCS • When AmeriCorps logo is displayed or evident

12. Prohibited Activities • These restrictions do not impinge on First Amendment rights • Members/staff may engage in all of these activities on own initiative, on own time and so long as not using CNCS funds or other resources or wearing/displaying the AmeriCorps logo • CAUTION: Please be aware of perception!

13. Unallowable Activities • Outside of program scope • Included within fundraising limitations • Displacement/duplication/supplantation • Federal and State assistance • Restrictions related to members at team leaders • Training restrictions • Activities that do not demonstrate meaningful service

14. What are the Consequences? • Activities that appear to be prohibited or unallowable can be questioned or disallowed. • Disallowed costs have to be repaid. • Continued funding for a program may be at risk. • Negative publicity about AmeriCorps and the program.

15. Prevention • Understand what is prohibited • Design your program to avoid such activities • Ensure that your staff, subgrantees and members understand prohibited activities and how to recognize them • Include information about prohibited activities in program and member materials and communication • Utilize NYS Template to develop high-quality position descriptions to ensure that members are not permitted to engage in prohibited activities. • Work with your Program Administrator to review your member position descriptions, or if you have any questions about allowable activity.

16. Detection • Member recruitment • Subgrantee/partner recruitment and selection • Partner agreements/MOUs • Member/staff training • Monitoring policies • Site visits, desk audits, member, staff interviews • Review program communication material (media, blogs, press releases, FB/twitter

17. Enforcement • Clear policies for consequences of noncompliance and documented process for how to handle such cases • Follow through each case in an appropriate & timely basis • Consider impact on member’s service/placement site • Notify program administrator about findings & corrective action plan • Use as a learning opportunity to improve prevention/detection

18. Position Descriptions • Base positions on approved member activities • Ensure consistency between advertised positions and what members do • Develop and communicate PD design parameters to staff

19. Position Descriptions • Have a process for approving member positions centrally or locally • Before member’s start of service • Especially relevant for intermediary models or member-developed position descriptions • Periodic position description review • As early in the program year as possible • Position description outline/template

20. Position Descriptions • Member name • Program overview • Operating site/service location name • Brief operating site/service location overview • Member supervisor name • Days/hours of service • Position start/end • Member tasks and responsibilities • Member training • Required member skills/knowledge • Prohibited activities • Include AmeriCorps and organization’s logos

21. What NOT to include in Position Descriptions • Prohibited/unallowable activities in PD • Members draft their own PDS without any program-established parameters • Vague language; tasks and responsibilities are not clear • Member roles similar to staff • “Other duties as assigned” • Terminology • Member positions and PDs are not vetted by anyone in the program • PDs do not accurately capture actual activities

22. CASE STUDIES • Part A • Review assigned position description case study independently • Part B • Discuss case study with your table, identifying • Issues • Potential corrections • Part C • Larger group debrief

23. In summary • Know the regulation – think beyond the prohibited activities list • Develop systems to prevent/detect/enforce • Think critically & ask questions • Have strong position descriptions • Use your ONCS program administrator as a resource • If necessary, we will go to the Corporation for clarification

24. New Project Director Training Saratoga NY October 8, 2013 Questions?