The Service Collaborative of wny on Site Orientation and Training

AmeriCorps VISTA sponsoring organizations may not assign AmeriCorps VISTA members to perform service or engage in activities related to influencing the passage or defeat of legislation, or of legislative proposals or initiatives. Also, AmeriCorps VISTA members are generally prohibited from engaging in such lobbying activities; however, there are two rare exceptions to this prohibition on lobbying:

An AmeriCorps VISTA member may draft, review, testify, or make a representation on a legislative measure if the member is asked by a legislative body, a committee of a legislative body, or member of a legislative body.

An AmeriCorps VISTA member may draft, review, testify, or make a written representation to a legislative body regarding a legislative measure directly affecting the operation of an AmeriCorps VISTA project or program to which the member is assigned, as long as:

1. 
   The sponsoring organization notifies the Corporation State Director on a quarterly basis of all activity occurring pursuant to this exception; and (2) The legislative measure related to the funding of the AmeriCorps VISTA project or program affects the existence or basic structure of the project or program.
   

Permissible activities under the Hatch Act, unless prohibited by other statutory authority, apply to members when they are on authorized leave or are not perceived to be performing as an AmeriCorps VISTA member (e.g., while not actually or perceived as performing service, or off duty service time).

Under the Hatch Act, during off duty service time, AmeriCorps VISTA members may engage in certain political activities, as follows:

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  May be candidates for public office in nonpartisan elections
  
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  May register and vote as they choose
  
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  May assist in voter registration drives
  
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  May express opinions about candidates and issues
  
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  May contribute money to political organizations
  
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  May attend political fundraising functions
  
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  May attend and be active at political rallies and meetings
  
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  May join and be an active member of a political party or club
  
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  May sign nominating petitions
  
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  May campaign for or against referendum questions, constitutional amendments, municipal ordinances
  
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  May campaign for or against candidates in partisan elections
  
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  May make campaign speeches for candidates in partisan elections
  
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  May distribute campaign literature in partisan elections
  
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  May hold office in political clubs or parties, including serving as a delegate to a convention
  

As mentioned above, AmeriCorps VISTA members may participate in political rallies and meetings (i.e., demonstrations) with certain limitations. They may do these types of activities only while on authorized leave, or while off-duty or not otherwise engaged in performing AmeriCorps VISTA service. Such activities cannot be related to projects of the sponsoring organizations where the member serves. Moreover, AmeriCorps VISTA members may only participate in such activities to the extent that:

(1) The member does not represent or attempt to represent the views of AmeriCorps VISTA members on any public issue;

(2) The member's participation could not be reasonably understood by the community as being identified with the AmeriCorps VISTA program, the project, or other elements of his or her service;

(3) The member's participation does not interfere with the performance of his or her duties.

No sponsoring organization may approve an AmeriCorps VISTA member's involvement in planning, initiating, participating in, or otherwise aiding or assisting in any demonstration.

An AmeriCorps VISTA member must contact the Corporation State Office, and get its permission, before he/she engages in any of the activities-electoral, lobbying, or demonstration-discussed above.

Adapted from http://www.nationalservice.gov/help/vistahandbook/chapter14.html

For additional information, please consult the VISTA Handbook at the above website or contact:

Steve Deisig, Director of VISTA & Opportunity Corps

The Service Collaborative of Western New York

2188 Seneca Street

Buffalo, NY 14210

(716) 418-8500 ext. 153

sdeisig@TSCWNY.org

The Service Collaborative Anti-Harassment Policy

Non-Harassment

We prohibit harassment of one employee by another employee, supervisor or third party for any reason [“protected class”] including, but not limited to: veteran status, uniform service member status, race, color, religion, sex, national origin, age, physical or mental disability or any other protected class under federal, state or local law. Harassment of third parties by our employees is also prohibited.

Any type of sexual harassment is against Organization policy and may be unlawful.

1. 
   Any employee who believes that (s)he is a victim of sexual harassment or has been retaliated against for complaining of sexual harassment, should report the situation immediately to the following member of management who has been designated to receive such complaints: Tina Dalka at (716) 418-8500 ext. 118 and 2188 Seneca Street Buffalo, NY 14210. In an employee makes a report to any of these members of management and the manager either does not responds or does not respond in a manner the employee deems satisfactory or consistent with this policy, the employee is required to report the situation to one of the other members of management designated in this policy to receive complaints.
   

2. 
   The Organization will investigate every reported incident immediately. Any employee, supervisor or agent of the Organization who has been found to have violated this policy may be subject to appropriate disciplinary action, up to and including immediate discharge.
   

3. 
   The Organization will conduct all investigations in a discreet manner. The Organization recognizes that every investigation requires a determination based on all the facts in the matter. We also recognize the serious impact a false accusation can have. We trust that all employees will continue to act responsibly.
   

4. 
   The reporting employee and any employee participating in any investigation under this policy have the Organization’s assurance that no reprisals will be taken as a result of a sexual harassment complaint. It is our policy to encourage discussion of the matter, to help protect others from being subjected to similar inappropriate behavior.
   

During a member’s service, a situation may arise that directly affects the member’s work situation or that the member believes violates regulations governing the terms and conditions of service, resulting in a denial or infringement of a right or benefit to the member.

As a member of the Serve New York VISTA Project you are servicing under a Program Grant that has been awarded to The Service Collaborative by the Corporation for National and Community Service. Under the Memorandum of Agreement between The Service Collaborative and the Corporation for National and Community Service, The Service Collaborative is responsible for providing a comprehensive procedure that will enable members to bring service-related issues to the attention of the Service Collaborative Management Staff for resolution.

An AmeriCorps VISTA member serving through The Service Collaborative who is experiencing an issue that is effecting their ability to serve needs to bring that issue or those issues to the attention of Service Collaborative Staff through the following steps.

If you believe your rights have been violated or if you believe your host site has violated any of the federal laws or regulations governing the VISTA Project, you must immediately contact the VISTA Director. The VISTA Director will meet with the host site supervisor within 48 hours of the member’s notification. If the situation cannot be resolved, the member will be removed from the host site and placed at the Sponsoring agency while a new suitable host site is located. No member will remain at a site that violates their rights or the laws and regulations governing the VISTA Project.

If your rights have not been violated but you feel that the host site and assignment is not what you expected, you have two (2) options:

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  Option 1: Seek resolution to the current problem or problems by:
  

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   Speaking with your host site supervisor, expressing your concerns and asking for help in resolving the situation. Give your host site supervisor adequate time and information with which to resolve the issue, and assist by preparing some possible solutions. As a rule, always approach your supervisor with possible solutions and not just problems.
   
2. 
   If after speaking with your host site supervisor and giving him or her time to resolve the issues you feel as though the problems are persisting, then contact your VISTA Leader. Your VISTA Leader will listen and offer guidance, drawing on his or her experience as a member to help you come up with a plan to help resolve the issues. If after consultation with the Leader and the decided-upon follow-up action the member finds that the problem still persists, then the member and Leader should alert the VISTA Director to the issue with a detailed, documented account of the issue and all steps taken to resolve the issue to date.
   
3. 
   Upon receipt of this documentation, the VISTA Director will meet with the member and the host site supervisor together to try and resolve the issue through communication, mediation and compromise. The VISTA Director retains the authority make final decisions with regard to the VISTA project and steps necessary to resolve the issue and will take into account the VISTA host site supervisor’s and member’s requests in attempting to resolve the situation.
   

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  Option 2: Resign from the VISTA Project.
  

1. 
   Submit a written resignation to the VISTA Management Staff.
   

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  The Serve New York VISTA Management Staff will make every effort to resolve all issues that are hindering a member’s service. However, your initial site placement is not a trial until something better or more interesting comes along. Each site has been picked and approved because of their need and the benefit they provide to the community. Transferring a member to a different project within the Sponsoring project is a last resort. All attempts will be made to preserve the initial placement.
  

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  If the member believes the Sponsor did not respond appropriately to the situation or violated federal laws or regulations, the member is entitled to seek redress with the Corporation for National and Community Service by contacting the State Program Specialist.
  

The Service Collaborative of Western New York (TSCWNY) is, in conformance with the Federal Drug Free Workplace Act of 1988, maintains a drug-free workplace. All program participants should be aware that the policy of TSCWNY, and its sub-sites, is that all participants will be subject to criminal, civil and disciplinary penalties if they distribute, sell, attempt to sell, possess, or purchase controlled substances while at the workplace or while performing in a program-related capacity. Participants are also prohibited from on the job use or impairment from alcohol or a controlled substance. 

All participants will abide by the terms of this statement and will notify the Executive Director of any criminal drug statute convictions for a violation occurring at any TSCWNY program site, no later than five (5) days after such conviction under federal law. The notification procedure relates only to convictions, not arrests.

All participants are reminded of TSCWNYs’ position that alcoholism and other substance abuse are treatable diseases. All participants are encouraged to utilize the Employee Assistance Program (EAP) and/or the drug free awareness program for any problems, which impact program participation and performance. 

In order to maintain a drug and  alcohol free workplace, The Service Collaborative of Western New York (TSCWNY) has established a drug and alcohol free awareness program to educate employees on 1) the danger of drug abuse and alcohol in the workplace; 2) TSCWNY’s drug and alcohol free workplace policy; 3) the availability of any drug and alcohol counseling, rehabilitation, and employee assistance programs; and 4) the penalties that may be imposed upon employees for drug abuse and alcohol violations, and violations of the TSCWNY drug and alcohol free workplace.  Such education includes: the distribution of our drug and alcohol free workplace policy at the employment interview; a discussion of our drug and alcohol free policy at the new employee orientation session; the distribution of published educational materials regarding the dangers of drug abuse and alcohol misuse; reorientation of all involved employees in cases in which a drug and/or alcohol-related accident or incidents occurs; and inclusion of the company’s drug and alcohol free workplace policy in the Employee Handbook and any other personnel policy publications.

The Service Collaborative will not tolerate the use of drugs and/or alcohol during work hours or at any Corps activity or event.  Consequences:  Any Corps member suspected of reporting to work under the influence of drugs/and or alcohol will be suspended pending an immediate drug test.  If the test is positive, a suspension will follow until treatment and counseling are completed. Failure to attend and complete counseling will result in termination. 

Drug Free Workplace Act:

The following statement is published in order to comply with the provisions of the Drug Free Workplace Act of 1988.  Each member of The Service Collaborative is hereby notified that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace, on project sites, and any time you are wearing the AmeriCorps uniform and/or representing the AmeriCorps program.  If you are caught in violation of these prohibitions, a disciplinary action will be taken in accordance with the Drug and Alcohol Abuse policy.

All program participants, as a condition of participation, must abide by this policy, and must notify Serve New York VISTA of any criminal drug law conviction for a violation occurring in the workplace no later than five (5) days after such conviction. If convicted, the participant will be terminated immediately.

Refusal to submit to an inspection will be treated as an act of insubordination and may result in termination. Upon reasonable suspicion, a program participant’s work area, desk, files, lockers, and personal belongings at the worksite are subject to inspection.

Some of the drugs that are illegal under federal, state or local laws include marijuana, heroin, cocaine and PCP hallucinogens. Depressants and stimulants not prescribed for current personal treatment by an accredited physician are also illegal.