Prohibited and Unallowable Activities

AmeriCorps Project Director TrainingSaratoga, NY

October 8, 2013

Introduction

Overview of Prohibited Activities

Position Description Exercise

Peer Discussion

Best Practices Exercise

Closing Thoughts

INTRODUCTION

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

Overview of 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;

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;

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;

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

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.

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

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

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!

Prohibited 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

Unallowable Activities

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.

What are the Consequences?

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.

Prevention

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

Detection

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

Enforcement

Base positions on approved member activities

Ensure consistency between advertised positions and what members do

Develop and communicate PD design parameters to staff

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

Position Descriptions

Position Descriptions

What NOT to include in Position Descriptions

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

CASE STUDIES

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

In summary

New Project Director TrainingSaratoga NY

October 8, 2013

Questions?