Serve New York AmeriCorps Member Contract
I. Purpose
It is the purpose of this contract to explain the terms, conditions, and rules of membership regarding the participation of (“Member”) in the Serve New York VISTA Program.
II. Terms of Service
I understand that my term of Service begins the day after I take the Oath of Service. My first living allowance will be for less than fourteen days as I will not have served fourteen days.
Term of service begins on ____________________and ends on _____________________.
Member’s term of service shall be served at________________________. The site may be changed if either the Sponsor or the Corporation deems the site to be in non-compliance or the sponsor deems the Member is unable to serve to his or her capacity.
I understand as a Member I will not be employed with any company or agency during my service. I will also not attend school, without prior permission from the Sponsor.
I understand that I may request an extension or re-enrollment, however either is not guaranteed. The decision to extend or re-enroll requires the permission of the Sponsor’s AmeriCorps VISTA Director and is dependant upon available funding to the Corporation, the nature of the agreement between the Corporation and Sponsoring Organization, and my performance and conduct as an AmeriCorps VISTA Member.
I understand that I am making a commitment to serve 24/7. This means I will be available outside of my normal workday when the Host Site, Sponsor, or Corporation finds my participation necessary in serving the local or national community.
III. Member Responsibilities
As a Member of Serve New York AmeriCorps VISTA I acknowledge that I will be held accountable for the following:
1. Time Records- I will submit a bi-weekly time record documenting my service hours and activities. All time records are due the day a new pay period begins. For specific dates, please see the Pay Period Schedule in the On-Site Orientation and Training guide.
2. Time Off Requests- I am required to submit a time-off request for any time away from my Host Site. This includes doctors’ appointments, funerals, vacations, or personal time. This request will be submitted no later than three days before the first requested day off, and immediately following my return to the Host Site after taking sick leave.
I receive ten days of sick leave and ten days of personal leave during my service, and these will not be taken during my first three months or last month of service unless it is in the case of a medical or family emergency. In the event of a medical or a family emergency, documentation must be provided in writing to the VISTA staff as soon as possible.
3. Monthly Reports- I am responsible for completing and submitting a project progress report on the fifth (5th)
of every month. I will use the form provided by the Sponsor. Timely completion and submission of these reports is vital to the success and continuation of Serve New York. Non-compliance will place my Member status in jeopardy.
4. Member Issues- When issues or problems arise at my site I will follow the procedures listed in the grievance policy. If I walk off my host-site, I acknowledge that this action will be taken as resignation from AmeriCorps VISTA.
5. Participation in Member Development and Training Activities- All prospective Members are required to attend Pre-Service Orientation (PSO) at a location of the Corporation’s choosing.
Upon return from PSO, Members will attend On-site Orientation and Training with the Sponsor prior to beginning service at the Host Site. The Sponsor will organize a training, meeting, or service project a minimum of once every other month for member development. Participation in these trainings is mandatory unless prior arrangements have been made with Sponsor management. Members are expected to attend and participate in the planning and implementation of additional member activities, including but not limited to trainings, service projects, and special events. The Sponsor, on occasion, offers additional activities that may not be available to all Members. In such cases, selection of members to participate in such activities will be made based on performance factors. These performance factors include attendance and active participation in member activities, training activities, and service projects, timely completion of reporting paperwork and participation in Sponsor events.
6. Member Visits- I am required to meet with a Serve New York AmeriCorps VISTA Leader on a bi-monthly basis for an on-site visit at my Host Site.
IV. AmeriCorps VISTA Policies
As a VISTA I will adhere to the following policies, established by federal law or regulation:
1. Civil Rights Laws- Title VI of The Civil Rights Act of 1964, ensures that no person shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination by any recipients of federal financial assistance.
2. Sexual Harassment- The overarching federal legislation authorizing the AmeriCorps VISTA program and the National Service Trust prohibits sexual harassment of any kind.
3. Prohibitions on Political and Lobbying Activities- AmeriCorps VISTA programs and Members are prohibited from using funds or personnel in a matter supporting or resulting in the identification of such programs with partisan or nonpartisan election activities, in voter registration activities, and providing transportation to the polls.
AmeriCorps VISTA Members are prohibited from any activity intended to influence the passage or defeat of legislation or proposals by initiative proposals or by initiative petition.
Members may participate in political activities allowed under the Hatch Act. Permissible activities, unless prohibited by other statutory authority when the Members are on authorized leave or are not perceived to be performing as an AmeriCorps VISTA Member include:
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Registering to vote;
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Expressing opinions about candidates and issues in a non-public context;
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Contributing money to political organizations;
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Attending political meetings;
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Joining and being a Member of a political party and club; and
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Signing nominating petitions.
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Members may not identify any of these activities with AmeriCorps VISTA or your Sponsoring Organization.
4. Corporation Guidelines on Service of Members in Religious Organizations or Activities- Members may not give religious instruction, conduct worship services, or engage in any other religious activity as part of their AmeriCorps VISTA duties, or which would be perceived as part of their duties by Members of the community in which they serve.
No religious instruction, worship, proselytizing, or other religious activity will be conducted as part of a project to which Members are assigned or referred.
Members who serve in an institution that gives religious instruction or engages in other religious activities will not be used as a replacement for regular personnel.
5. Limitations on Demonstrations- AmeriCorps VISTA Members may not engage in planning, initiating, participating in, or otherwise aiding or assisting in any demonstration whatsoever.
6. Limitation on Displacement of Employed Workers and Impairment of Contracts for Service- The Domestic Volunteer Service Act prohibits you as a Member from performing activities or duties that would otherwise be carried out by employed workers, or would supplant the hiring of, or result in the displacement of, employed workers or would impair existing contracts for service.
7. Limitation on Receiving any compensation for service of AmeriCorps VISTA Members- The Domestic Volunteer Service Act prohibits Members from requesting or receiving any compensation from the Sponsoring Organization or the site in which the Member is assigned.
8. Limitation on Labor or Anti-Labor Activity- The Domestic Volunteer Service Act prohibits Corporation funds from being used, directly or indirectly, to finance labor or anti-labor organizations or related activities.
9. Nepotism- Persons selected as AmeriCorps VISTA Members shall not be placed or assigned to an AmeriCorps VISTA project when related by blood, marriage, or adoption to project staff, Sponsoring Organization staff, officers or Members of the Sponsoring Organizations Board of Directors, or Corporation program staff responsible for the AmeriCorps VISTA project. I acknowledge that I am not related by blood, marriage, or adoption to project staff, Sponsoring Organization staff, officers or Members of the Sponsoring Organizations Board of Directors, or Corporation program staff responsible for the AmeriCorps VISTA project.
10. AmeriCorps VISTA Fraternization- Relationships between AmeriCorps VISTA Members and the staff Members (including volunteer and contracted personnel) of the Corporation, Sponsoring Organization, and Project Site that are exploitive or that have the appearance of partiality, preferential treatment, or the improper use of position for personal gain, are prejudicial to the morale of AmeriCorps VISTA Members and will not be tolerated.
V. Rules of Conduct
1. At all times, while serving as an AmeriCorps VISTA Member, the Member is expected to:
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Demonstrate mutual respect toward others;
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Follow directions;
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Direct concerns, problems, and suggestions to the Program Staff and Host Site Supervisor;
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Under Corporation for National and Community Service Policy, AmeriCorps Members must provide a direct and demonstrable benefit that is valued by the community. Service activities must be related to and support the Program goals and objectives. Service activities approved by The Service Collaborative VISTA and the Corporation for National and Community Service in the host site’s grant application must comprise the member’s daily activities.
2. At no time may the Member:
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Engage in any activity that is illegal under local, state or federal law;
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Engage in activities that pose a significant risk to others;
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Raise funds for living allowances or for an organization’s general (as opposed to project) operating expenses or endowment;
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Write a grant application to the Corporation or to any other Federal Agency;
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Engage in an assignment that displaces employees; and
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Engage in other activities as the Corporation for National and Community Service, and/or the AmeriCorps VISTA program determines as prohibited.
3. The Member understands that the following acts will constitute a violation of the Program’s Code of Conduct:
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Wearing inappropriate clothing to service assignments;
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Stealing or lying;
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Engaging in activity that may physically or emotionally damage other members of the Program or members of the community;
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Possessing or using any illegal drugs;
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Consuming alcoholic beverages or any illegal drugs during the performances of service activities; Under the Drug Free Workplace Act, the Member must immediately notify the Director of VISTA if he/she is convicted under any criminal drug statute. Continued participation in the Program is contingent upon compliance with this notice requirement.
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Failing to notify the Program of any criminal arrest or conviction that occurs during the term of service;
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Falsifying or failing to complete Program records such as service timesheets, monthly reports, etc.
VI. Disciplinary Action
For violation of the above stated rules, the Program may impose any of the following disciplinary actions at the discretion of Program Officials (except in cases where during the term of service the Member has been charged with or convicted of a violent felony, or the possession, sale or distribution of a controlled substance). The degree of violation and related circumstances shall be taken into account in determining the appropriate action. A sanction need not be imposed in every case, and no action taken shall be more serious than is clearly appropriate given the circumstances. The actions that may be taken by Program Officials include:
1. Verbal Warning- An oral statement to the Member that he/she has violated Program rules. This warning should include the nature of the violation and the consequences of the further violation.
2. Written Warning- A written statement to the Member of the violation and a clear indication that repetition of wrongful conduct will be followed by more severe disciplinary action. The Member and appropriate program official will develop and agree upon a corrective action plan. Such written statement shall become part of the Member’s permanent personnel file.
3. Removal from Host Site- If the Host Site determines that a Member is not a suitable match for their organization, or if they feel a Member is not effective in the position, the Host Site can request immediate removal. Upon removal from the Host Site, the Member will continue working at the Sponsor site until a new host site has been identified.
4. Administrative Hold Status- If a Member has been removed from their Host Site and the Sponsor is unable to allow them to continue to serve through Serve New York AC VISTA, the Sponsor will inform the Member of the decision to request that they be placed on Administrative Hold. The Sponsor will submit the request in writing to the State Program Specialist who will approve or deny the request. If the request is approved, the Member will have thirty (30) days from the effective date to secure another VISTA placement that has no relation to Serve New York AmeriCorps VISTA Administrative Hold is not a request the sponsor makes lightly. If a request is made for you to be placed on Administrative Hold, then the Sponsor has exhausted all available options.
5. Suspension- A Member may be suspended for up to thirty (30) days in order to determine whether sufficient evidence exists to start termination proceedings against the Member.
Notice of suspension may be either written or verbal and is effective upon delivery to the Member.
Within three (3) days after initiation of the suspension, the Member will receive a written notice of suspension setting forth in specific detail the reason for the suspension.
During the suspension period, the Member may not engage in project activities but will continue to receive all allowances.
6. Early Termination- The Corporation may terminate or suspend a Member as an AmeriCorps VISTA based on conduct (for cause termination) for the following reasons:
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Conviction of a criminal offense under federal, state, or local statute or ordinance;
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Violation of any provision of the Domestic Volunteer Service Act of 1973, as amended, or a Corporation regulation, policy, or guideline;
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Failure, refusal, or inability to perform prescribed project duties as outlined in the project application and/or assignment description and as directed by the Sponsoring Organization to which you are assigned;
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Involvement in activities that substantially interfere with your performance of project duties;
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Intentional false statement, omission, fraud, or deception on obtaining selection as a Member;
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Any conduct on the Member’s part that substantially diminishes effectiveness an AmeriCorps VISTA Member including skipping mandatory training sessions at state, cluster or national training events;
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Or unsatisfactory performance of assignment.
7. Request for Termination- A written request by the Sponsoring Organization to the Corporation for National and Community Service that the Member’s service be terminated early. This request, with details of the action(s), shall become a part of the Member’s permanent personnel file.
8. Termination for cause- The ability to terminate a Member’s service early lay solely with the Corporation for National and Community Service and is based on the “Grounds for Member Termination” as explained in the VISTA Member Handbook.
VII. Benefits
The Member will receive the following benefits during their year of service:
1. Living Allowance- The Member will receive a bi-weekly living allowance in the gross amount of $436.62. The living allowance is taxable. Living allowances received by AmeriCorps VISTA Members shall not in any way reduce or eliminate the level of, or eligibility for, assistance or services that any AmeriCorps VISTA member may be receiving or is eligible to receive under any governmental program. Neither the Corporation nor the Project Sponsor assumes any financial responsibility for a Member other than the allowances and benefits provided to a member. Further, the Corporation assumes no financial responsibility for a Member’s spouse or dependant children. A Host Site can supplement the Member by providing housing or subsidized housing, mileage reimbursement, bus passes, or use of a company vehicle.
2. Medical Benefits- Members are covered by the AmeriCorps VISTA Health Benefits Program, which includes Health Benefits and coverage for service-related injuries or illnesses. Coverage begins automatically (unless proper documentation of existing coverage has been provided) the Member’s first day of service and ends on the date of termination as an AmeriCorps VISTA Member. Coverage does not extend to a spouse or other dependants.
3. Paid Time Off- Members receive ten (10) personal and ten (10) sick days during their year of service. All time-off from a Member’s host site must be documented by a Time-off Request Log with a supervisor’s authorizing signature. Personal days are not allowed to be taken during a member’s first three (3) months of service or during his/her last month of service.
4. Workman's Compensation- Members are not covered under The Service Collaborative or Host Site Workmen’s Compensation Policy. Members are not employees of either organization. For all service related injuries, Members must use the Individual Health Insurance provided by the Corporation.
5. Child Care Subsidy- AmeriCorps VISTA offers child care benefits to qualifying Members. These benefits are non-taxable to Members.
6. Life Insurance Policy- AmeriCorps VISTA Members may enroll in the voluntary life insurance plan. The cost of life insurance is $2.07 and is deducted automatically from each living allowance check. Members must enroll or waive coverage during On Site Orientation and Training and provide evidence of such.
7. Loan Forbearance- This is only available to Members that elect the Education Award benefit. If the Member has received forbearance on a qualified student loan during their term of service and the member successfully completes his/her term, the National Service Trust will repay any interest that accrued on the loan during the term of service. This payment is considered taxable income for the year in which it is issued.
VIII. Post Service Benefits
1. Education Award
Upon successful completion of the Member’s full-time term of service, the Member will receive an Education Award in the amount of $5,550.00 from the National Service Trust. The Education Award is considered taxable income for the year(s) in which it is used.
The Education Award can be used in the following ways:
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To repay qualified student loans;
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To pay for all or part of the cost of attending a qualified institution of higher education; and
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To pay qualified expenses incurred while participating in an approved school-to-work opportunities system program.
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The Education Award can only be used at participating Title IV schools. It is up to the Member to contact those institutions in which they are planning to use the education award in advance of electing the Education Award.
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Members are eligible to receive up to two (2) awards.
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The Education Award can be chosen at the beginning of the Member’s service. If the Member forfeits the Education Award at the beginning of his or her service, then the Member is not eligible to select the Education Award later in his or her service term.
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If the Member selects the Education Award and would like to instead choose the End of Service cash stipend, the Member has through his or her tenth (10th) month of service to do so.
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If the Member has not yet received a high school diploma or its equivalent, including an alternative diploma or certificate for individuals with learning disabilities, the Member agrees to obtain a high school diploma or its equivalent prior to being issued the Education Award.
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If the Member has received forbearance on a qualified student loan during the term of service, and the Member successfully completes the term of service, the National Service Trust will repay any interest that accrued on the loan during the term of service. This payment is considered taxable income for the year in which it is issued.
2. Post Service Stipend
Members who do not select the Education Award will receive the post-service stipend. (Members who chose the stipend will still be eligible for the other education benefits.)
The post-service stipend for a Member is equal to $1,500.00. The post-service stipend for a VISTA Leader is equal to $3,000.00.
Members do not receive a stipend if they do not complete a full term of twelve months.
Federal income tax and Social Security (FICA) deductions are withheld from the stipend at the time of any payment.
The Member may elect to change from selecting the Education Award to selecting the cash stipend through his or her tenth (10th) month of service and not subsequently to that.
3. Civil Service Status
After the completion of their term of service, if an AmeriCorps VISTA Member is hired into the federal civil service, the time served as an AmeriCorps VISTA will be credited toward a federal pension in either the Civil Service Retirement System or the Federal Employees Retirement System if the Member is subsequently employed by the United States government.
AmeriCorps VISTA service may be credited in connection with subsequent federal employment in the same manner as a like period of regular civilian employment by the federal government. AmeriCorps VISTA service will apply toward purposes of determining seniority, reduction in force and layoff rights, leave entitlement, and other rights and privileges based on length of service under laws administered by the U.S Office of Personnel Management and other laws establishing terms and conditions of service of federal civilian employees.
AmeriCorps VISTA service, however, is not credited toward completion of any probationary or trial period or completion of any service requirement for a career appointment.
IX. Amendments to this Contract
This contract may be modified at any time with the consent of both parties.
X. Member Consent
I _______________________ (do / do not) consent to the use of my name and/or photo for publicity purposes of the Serve New York AmeriCorps VISTA, AmeriCorps VISTA and CNCS, The Service Collaborative of WNY, The Volunteer Center of WNY, Hands on Greater Buffalo, AmeriCorps Alums
I. Authorization
The undersigned hereby certifies that all information contained on his/her application and enrollment forms are true, complete, and accurate, and understands that misleading omissions or falsification of this information may be grounds for immediate dismissal from the Project for cause.
Further, the undersigned acknowledges by their signature that they have read, understand, and agree to all terms and conditions of this agreement. Also, Members agree to allow authorized personnel to examine their personnel file for the purpose of our audits.
Print Name-AmeriCorps VISTA Member
Steve Deisig
Director of VISTA
The Service Collaborative of WNY
Kate Sarata
Executive Director
The Service Collaborative of Western New York
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