Homes for All Member Service Agreement

Ho The mission of the Homeless and Housing Coalition of Kentucky is to work together to eliminate the threat of homelessness and fulfill the promise of affordable housing for all Kentuckians.

I. Purpose

This Agreement is between the Homeless and Housing Coalition of Kentucky, Inc. (306 West Main Street, Suite 207, Frankfort, KY 40601) (“HHCK”) and AmeriCorps Member (“Member”) regarding Member’s service activities to be performed with an organization (“Service Site”) which has been selected by HHCK for placement of Member and which has a contractual relationship for the same with HHCK.

This agreement is in effect for the period September 1st, 2017 through August 31st, 2018 and is based on an HHCK-approved Member Position Description, which describes the service activities that will be performed by the Member.

It is the purpose of the agreement to delineate the terms, conditions, and rules of Membership regarding the participation of the Member in the Homes for All AmeriCorps Program (“Program”) as funded under the National and Community Service Act of 1990 as amended and the 2010 Serve America Act, supported by the Kentucky Commission on Community Volunteerism and Service (“KCCVS”) and the Corporation for National and Community Service (“CNCS”).

II. Minimum Qualifications

The Member certifies that he or she is a United States citizen, a national or a legal permanent resident, and at least 18 years of age, has a high school diploma, or GED, or agrees to work towards obtaining one while serving.

III. Terms of Service a. The Member’s term of service begins on September 1st, 2017 (or after) and ends on August 31st, 2018. b. The full-time Member will complete a minimum of 1700 hours of service during this period. A half- time Member will complete a minimum of 900 hours of service. Of these hour requirements, a maximum of 20% (340 for full-time – total Corps aggregate) of these hours will be training, education, or other activities as required by HHCK. A maximum of 170 hours per full-time Member may be used for fundraising (restrictions apply, fundraising hours must be approved by HHCK on a case-by-case basis). The Member will complete the minimum of 1700 hours (or 900) by following the Term of Service Outline.

Terms of Service Outline

Full-time Members are expected to serve around 36 hours in a typical week. This assures the Service Site a full year of service from the Member, while allowing the Member to take some time off throughout the year. It is the responsibility of the Site Supervisor and the Member to monitor the hours served so that a Member does inadvertently cut their service term short. HHCK may review a Member’s hours to ensure that they are on track to complete their hour requirement. Member and Site Supervisor should set up a weekly schedule, suitable to both parties, and the beginning of the service assignment.

If a Member does not follow the schedule that has been set up, then the Member will be in violation of the Member Agreement and may be released for cause from the program. Member agrees that he or she has read the assigned position description and will not serve outside of this capacity without prior written consent from the HHCK Program Director in cooperation with the Service Site Supervisor.

Member understands and agrees to drug and/or alcohol testing, if testing is an employment policy of the Service Site.

Member understands and agrees to public display of Member photos and/or service information and understands that this information may be published in a variety of places, including websites, newspaper articles, videos, social media, and other media outlets.

Holidays and Flexible Leave Time HHCK requires the Service Site to grant the Member the following days off. A Member may choose to serve on any of the holidays listed below, but a Site may not require them to do so.

Labor Day Thanksgiving Friday New Year’s Eve Veteran’s Day Christmas Eve New Year’s Day Thanksgiving Day Christmas Day Memorial Day Independence Day

Accommodations should be made for diverse religious and cultural backgrounds. For example, a Jewish Member may want to take off for Yom Kippur, rather than Christmas. Site Supervisors should make every effort to accommodate their Member’s needs in this regard. Members should communicate these needs at the beginning of the service year, so that appropriate accommodations can be made. If a Member chooses to serve on a holiday, the Service Site should grant the Member an alternate day off of the Member’s choosing.

Homes for All recognizes Martin Luther King, Jr. Day as a day of service. The program requires Members to assist, and possibly lead, in coordinating service projects, spend the day in service, and requires Members to participate in designated activities, away from their Service Site. Flexible Leave Time Members receive six (6) sick days and ten (10) personal/vacation days. These days do not count towards the 1700 hours. Personal or vacation days must be scheduled in advance with the Site Supervisor, and not with HHCK or Homes for All staff. Likewise, as soon as the Member realizes that he/she must take a sick day, Member should notify Site Supervisor.

Member will report all time served on the HHCK timekeeping system/database WEEKLY (each Friday) to be approved by the Site Supervisor on the 5th of the following month for the previous month.

NOTE: Homes for All Orientation, Program Training/Events, Service Projects, and other trainings as noted by HHCK are requirements of this program and of this Agreement. Member will not be authorized to take personal time for these events. A Member who misses training for an emergency situation is required to submit supporting documentation to HHCK staff. Members may not count hours at their Service Site while missing a required training.

The Member understands that to successfully complete the term of service, as defined by HHCK and consistent with regulations of CNCS, and to be eligible for the education award, he or she MUST complete at least 1700 hours of service for full-time members (900 hours for half-time) and satisfactorily complete all required service, trainings, education, team service projects, and other designated activities.

In order to be eligible for an additional term of service, the Member understands they must receive satisfactory performance reviews for any previous term of service. The Member’s eligibility for a second term of service will be based on, at least, a midterm and end of term evaluation of the Member’s performance, while also looking at factors such as whether the Member has:

The Member understands that to successfully complete the term of service, as defined by HHCK and consistent with regulations of the Corporation for National and Community Service, and to be eligible for the education award he or she must complete at least 1700 hours of service (900 hours for half-time Members) and satisfactorily complete all required education, training, service, public speaking activities, and team service projects.

The Member understands that to be eligible for serving a second term of service, the Member must receive satisfactory performance reviews for any previous term of service. The Member’s eligibility for a second term of service will be based on at least a midterm and an end-of-term evaluation of the Member’s performance focusing on factors such as whether the Member has: -completed the required number of hours; -satisfactorily completed assignments, trainings, tasks, or projects; and -met any other criteria that were communicated orally and/or in writing at the start of the service term.

The member understands, however, that mere eligibility for an additional term of service does not guarantee selection or placement.

IV. Benefits The Member will receive the following benefits from HHCK, according to the policies and procedures of KCCVS and CNCS: a. An annual taxable living allowance of $12,630 for full-time positions and $6,315 for half-time positions, to be paid throughout the service term for as long as the Member is actively engaged in direct service at his or her Service Site.

NOTE: The living allowance will be divided into 24 equal payments to be issued twice a month via direct deposit. The Member must have a bank account and provide HHCK with a completed Direct Deposit Authorization in order to receive living allowance payments. Living allowances are deposited on the 15th and 30th of each month, provided the Member remains actively engaged in service.

Living allowance payments will only commence when both of the following circumstances are met: the member has submitted all required paperwork to HHCK, all necessary background checks have been conducted and cleared by Homes for All staff, proof of hours have been added to the Homes for All database, and the member has been serving at his or her Service Site. If a Member’s living allowance begins late because the Member has either started service later in the year or failed to submit all required paperwork to HHCK, this agreement will be amended to allow payments to be made up.

Approved vacation and sick days do not affect the living allowance, unless the Member does not serve a single hour in the period. Once a Member leaves or exited from the program for good, the Member will no longer receive any living allowance. For example, if a Member leaves service on June 12th, he/she will receive the living allowance deposit on June 15th, but not June 30th. If a Member completes 1700 hours of service before August 30th and chooses to leave the program early, the living allowance payments will cease at that time. Upon completion of the hour requirements (1700 or 900), the Member will continue to receive the living allowance only if that Member continues to provide direct service to their assigned Service Site.

b. Health care coverage, if eligible. (Half-time Members are not eligible). c. Child care assistance to be paid directly to the provider on a monthly basis, if the Member qualifies and elects such assistance. (Half-time Members are not eligible).

d. Mileage and expense reimbursement and/or advance for travel, lodging, and meals for HHCK- required training activities.

e. Workers’ Compensation coverage.

f. The ability to serve on a jury without being penalized for doing so. The Member will continue to receive credit for normal service hours, the living allowance, and health care/child care coverage (if eligible and applicable). g. UPON SUCCESSFUL COMPLETION OF TERM OF SERVICE: the Member will receive a taxable education award with a value of $5,815 from the National Service Trust. Half-time Members will receive a value of $2,907. g.i. Prior to using the education award, the Member agrees, in the event the Member has not yet received a high school diploma or its equivalent, including an alternative diploma or certificate for individuals with learning disabilities, to obtain a high school diploma or its equivalent. Training hours may be used to obtain a GED, with prior notification to HHCK staff. g.ii. The Member understands that his/her failure to disclose to HHCK any history of having been released for cause from another AmeriCorps program will render the Member ineligible to receive the education award.

h. Forbearance on qualified student loans during the service term. If the member successfully completes the term of service, the National Service Trust will repay any interest accrued on the loan during the term of service.

i. HHCK will ensure the Member receives orientation to HHCK and the Homes for All program, including policies, procedures, and expectations. Training related to the Member’s service activities will be provided as appropriate.

V. Support Services HHCK will provide the following support services - a. HHCK will support Members who have not yet earned a high school diploma or its equivalent by allowing them to count time spent studying for the GED as training hours. These hours will count towards the Member’s 1700 hour requirement. The Member’s training hours, however, may not exceed 20% of the total Training hours (aggregate).

b. Homes for All program staff will provide appropriate training and support for Members who are completing a term of service and transitioning to other education and career opportunities.

c. Members are encouraged, but not required, to vote in any appropriate elections.

d. HHCK program staff will foster an “open-door” policy that allows for Members to reach out to staff throughout their term of service, in addition to after completion of service.

VI. AmeriCorps Gear

HHCK will provide the Member with an AmeriCorps shirt and pin. CNCS requires Members to wear the AmeriCorps logo daily at their Service site and at officially designated AmeriCorps events so that they are visibly identified as AmeriCorps Members while serving. Members are allowed to wear the uniform at other times consistent with HHCK guidelines.

VII. Confidential Information

HHCK agrees to the following - HHCK will maintain the confidentiality of information regarding the Member. HHCK must obtain prior written consent of the Member before using their name, photograph, and other identifying information for publicity, promotional, or other purposes.

The Member agrees to the following – The Member will hold confidential information regarding the HHCK AmeriCorps program and clients of the Service Site in trust and confidence. Such information shall only be used for the purpose of providing services and shall not be used for any other purpose or disclosed to any third party.

No copies will be made or retained of any written information or prototypes supplied without the permission of the Service Site.

Confidential information shall not be disclosed to any employee, consultant, or third party unless they agree to execute and be bound by the terms of this agreement, and have been approved by the Service Site.

VIII. Drug-Free Workplace

The Member will comply will all requirements of the Drug-Free Workplace Act and the implementing regulations at 34 CFR, Part 1229.

IX. Prohibited Activities

The Member may not engage in the following activities during the course of their term of service, at the request of program staff or in any manner that would associate the activities with the AmeriCorps program, HHCK, KCCVS, or CNCS. (§2520.65) While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or the Corporation, staff and members may not engage in the following activities.

1. Attempting to influence legislation; 2. Organization 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; 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 Cody of 1986 except that nothing in this section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; 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; 11. Such other activities as the Corporation may prohibit.

Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non-Corporation funds. Individuals should not wear the AmeriCorps logo while doing so.

X. Fundraising (CFR §2520.40, §2520.45)

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: 1. Seeking donations of books from companies and individuals for a program in which volunteers teach children to read; 2. Writing a grant proposal to a foundation to secure resources to support the training of volunteers; 3. Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals; 4. Seeking donations from alumni of the program for specific service projects being performed by current members.

AmeriCorps members may not: 1. Raise funds for living allowances or for an organization’s general (as opposed to project) operating expenses or endowment; 2. Write a grant application to the Corporation or to any other Federal agency.

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.

XI. Rules of Conduct

The Member is expected, at all times, while acting in an official capacity as an AmeriCorps Member to – 1. Demonstrate respect towards others. 2. Follow directions. 3. Be a cooperative Member of the Homes for All program. 4. Participate in carpooling while traveling to HHCK trainings and other events. 5. Direct concerns, problems, and suggestions to the appropriate program official.

At no time may the Member – 1. Engage in any activity that is illegal under local, state, or federal law; 2. Engage in any activities that pose a significant safety risk to self or others.

The Member understands that the following acts will also constitute a violation of the Homes for All program’s rules of conduct – 1. Unauthorized and/or excessive tardiness; 2. Unauthorized and/or excessive absences; 3. Repeated use of inappropriate language (i.e. profanity) at the Service Site; 4. Failure to wear appropriate clothing to service assignments; 5. Stealing or lying; 6. Failure to submit program reports by required deadlines; 7. Failure to maintain appropriate service related relations; 8. Refusing a service assignment; 9. Failure to communicate as needed with HHCK Program staff and the Service Site; 10. Failure to abide by confidentiality agreement; 11. Failure to attend a mandatory service assignment or program training; 12. Failure to wear the AmeriCorps uniform when directed; 13. Engaging in activities that may physically or emotionally damage other Members of the Homes for All program or members of the community; 14. Possessing or using any illegal drugs during the term of service; 15. Consuming alcoholic beverages during the performance of service activities; 16. Being under the influence of alcohol or any illegal drugs during the performance of service activities; 17. Failure to immediately notify the Service Site and HHCK of any criminal arrest or conviction that occurs during the term of service; 18. Failure to serve the required number of service hours according to the Term of Service Outline.

For violating the above-stated rules, HHCK will use the following procedures – 1. Site Supervisors will use partner site’s staff policy concerning misconduct, but must document, in writing, any offence and how the Member’s conduct is to be redirected. The Site Supervisor will allow Member to comment and sign any written reprimand. Site Supervisors will provide a copy to the HHCK Homes for All Program Director. The Site Supervisor shall discuss all disciplinary actions with Homes for All Staff prior to implementation. 2. Once a pattern of misbehavior has occurred and appropriate correction actions have been taken, the Site Supervisor may ask that the Homes for All Program Director take further action. For example, the Member may be suspended without receiving a living allowance; Members may be terminated or transferred to another Service Site. Remedies at this level are at the discretion of the Homes for All Program Director.

For violation of programmatic offenses (examples: missing mandatory trainings without prior approval, submitting time sheets late in a repeated and excessive pattern, failure to submit monthly reports or quarterly reflections, etc.) or any other rule of conduct violation, the following may occur – 1. First offense – the Member Coordinator will issue a written warning to the Member and a copy will be placed in the Member’s file. 2. Second offense – the Member Coordinator will issue a second written warning to the Member and a copy will be placed in the Member’s file. 3. Third offense – the Program Director will issue a written and may suspend the Member for one or more days. The Member’s file will be noted. 4. Fourth offense (or obvious pattern of misconduct) – this includes violations at the Service Site and at the Program level, HHCK may release the Member for cause.

A written warning from the Service Site may substitute for one or more of the above steps.

In the event HHCK suspends a Member for minor disciplinary reasons, the period of suspension does not count towards the Member’s required service hours and the Member may not receive a living allowance for the suspension period. XII. Suspension from Service

HHCK will suspend the Member’s term of service for the following reasons – 1. The Member is officially charges with a violent felony or with the sale or distribution of a controlled substance during their term of service. The Member will not receive a living allowance or credit for hours missed. The Member may be reinstated into service if he/she is found not guilty or if the charge is dismissed. If the Member who has been cleared of such charges is unable to complete his/her term of service within one year, he/she may accept a pro-rated education award as long as he/she has completed at least 15% of his/her service. 2. During the term of service, the Member is convicted of a first offense of possession of a controlled substance as listed in Schedules I through V of the Controlled Substance Act (21 USCS 812). If the Member, however, demonstrates that he/she has enrolled in an approved drug rehabilitation program, the program may reinstate his/her term of service. The Member may not receive back living allowances or credit for any hours missed. 3. HHCK may suspend the Member’s term of service for violating the rule of conduct provisions in accordance with the rules set forth in section XI of this agreement.

XIII. Release from Service

The Member understands that he/she may be released from Homes for All for the following two reasons – 1. For cause, as explained in the below paragraph; 2. For compelling personal circumstances as defined below.

HHCK will release the Member for cause for the following reasons – 1. The Member drops out of the program without obtaining a release for compelling personal circumstances from HHCK; 2. The FBI background check and/or state/residence check is returned and the Member has been convicted of a crime that he/she did not notify the Homes for All Program Director of prior to entering the program; 3. During the term of service, the Member is convicted of a felony or possession of a controlled substance as listed in Schedules I through V of the Controlled Substance Act (21 USCS 812) or if the Member is underage, for the possession or consumption of alcohol; 4. The Member has committed a fourth offense as outline in Section XII; 5. Any other serious breach that, in the judgment HHCK/Homes for All Program Staff, would undermine the effectiveness of the program.

HHCK may release or suspend the Member from the service term due to compelling personal circumstances – 1. The Member has a serious injury or illness that makes completing the term impossible. 2. There is a serious injury, illness, or death of an immediate family member and the Member is needed to care for that family member or take over the duties of the family member. 3. The Member is drafted by the Armed Services of the United States. 4. Some other circumstance occurs that make it impossible or very difficult for the Member to complete the term of service and the program deems that circumstance to be compelling. 5. The Member’s Service Site closes and alternative Service Site cannot be found. For reasons 1, 2, and 4, documentation explaining the compelling circumstance must be collected and submitted to program staff, who in turn will submit to KCCVS for approval.

NOTE: HHCK does not regard enrolling in school, obtaining employment, or dissatisfaction with the program or Service site as compelling personal circumstances. A Member released for cause may not receive any portion of an education award. However, the Member may be eligible for another year of service if the Member has received favorable performance evaluations. A Member wrongly released or suspended for cause will receive credit for any service missed and reimbursement for missed living allowances. Members of Homes for All are not eligible for unemployment compensation. ______(initial and date).

If the Member discontinues his/her term of service due to compelling personal circumstances as described in paragraph 3 of Section XIII of this Agreement, the Member will cease to receive benefits described in Section IV. However, if the Member has completed at least 15% of the required service hours, the Member will receive a prorated portion of the education award or interest payments described in G and H of Section IV.

XIV. Complaint and Grievance Procedure INTRODUCTION, PURPOSE AND SCOPE This grievance procedure is available to all Members, labor unions and interested parties, i.e. public at large, and Service Sites. Each decision made in the grievance procedure is in full force unless appealed or changed by a higher step. Each decision is referred to in this document as a “resolution”. If a dispute cannot be resolved or the decision is adverse to the aggrieved party, binding arbitration must be requested within sixty (60) days of filing the grievance and after all other options have been exhausted.

Grievances and disputes arising in the conduct of “Homes for All” AmeriCorps program fall into three categories and will be addressed separately as follows: 1) Grievances between the “Homes for All” program and the public at large: 2) Grievances between the “Homes for All” program and its AmeriCorps Members; 3) Grievances between Service Sites and the AmeriCorps Members placed with them.

Grievances between “Homes for All” and the Public  Anyone wishing to file a complaint about the activities of the “Homes for All” AmeriCorps program or its personnel must submit a written notification detailing the complaint and proposing a remedy to the Program Director within seven (7) days of the alleged occurrence except in complaints alleging criminal or fraudulent activities.

 The Program Director will respond to the complainant within seven (7) days in writing with a statement detailing a proposed resolution. If the proposal of the Program Director is not satisfactory to the complainant, the complainant may then submit their complaint to the Executive Director in writing within seven (7) days of the date on the Program Director’s resolution.

 The Executive Director will then respond to the complainant in writing within seven (7) days of receipt of the complaint with a proposed resolution to the appeal.

 A complainant may then appeal the Executive Director’s decision to the Executive Committee of the Board of the Homeless and Housing Coalition of Kentucky within seven (7) days of the receipt of the Executive Director’s decision.

 The Executive Committee will issue its decision within thirty (30) days of their receipt of the complainant’s appeal.

 Prior to or after the ruling of the Executive Committee, complainant must elect alternative dispute resolution within forty-five (45) days after the alleged occurrence. Alternative dispute resolution shall involve either mediation, assisted negotiation, and/or neutral evaluation. --If alternative dispute resolution is chosen, the HHCK Executive Committee of the Board and complainant will agree on a mediator. A hearing will be held in an effort to mediate the dispute and/or issue. The complainant may be represented by counsel if it is requested to the Executive Committee of the Board at least seven (7) days prior to the mediation session. NOTE: THE COST FOR ALTERNATIVE DISPUTE RESOLUTION AND/OR MEDIATION SHALL BE EQUALLY DIVIDED BETWEEN HHCK AND THE MEMBER/COMPLAINANT

Grievances between “Homes for All” and AmeriCorps Members  When a complaint is filed against Homes for All it shall be in writing. A written statement of the grievance shall be presented by the Member to the Member’s Site Supervisor within seven (7) days of the alleged occurrence except in complaints alleging criminal or fraudulent activities. The Site Supervisor will deliver the grievance to the Program Director, who will issue a written resolution regarding the complaint within seven (7) days. --Grievances not able to be resolved by the Program Director will be stated in writing to the Executive Director within seven (7) days after delivery from the Site Supervisor to the Program Director. Within seven (7) days of the receipt of the complaint, the Executive Director will in writing address the grievance with a resolution and detail the next appeal step. --Resolution unfavorable to either party may be appealed in writing within seven (7) days after the Executive Director’s decision to the Executive Committee of the Board of HHCK. The Executive Committee will have thirty (30) days after the receipt of the appeal to make a written resolution of the complaint and detail the next appeal step, i.e. formal grievance procedure.

 In the event a satisfactory resolution is not made by the Executive Committee, the Member may within seven (7) days request an internal hearing. The hearing panel shall consist of one person involved with AmeriCorps chosen by the Member, one Member of the Board not on the Executive Committee, and one arbitrator chosen by mutual consent. The hearing shall be conducted with written resolution on the complaint returned within thirty (30) days after receipt of the hearing request. Subsequent to the hearing panel’s decision, an appeal within seven (7) days can be filed with the Executive Committee. The Executive Committee will issue its decision within thirty (30) days of their receipt of the complainant’s appeal of the hearing panel’s decision.

 Prior to or following the ruling of the Executive Committee, if complainant chooses alternative dispute resolution, complainant must do so within forty five (45) days after the alleged occurrence. Alternative dispute resolution shall involve either mediation, assisted negotiation, and/or neutral evaluation.

 If alternative dispute resolution is chosen, the HHCK Executive Committee of the Board and complainant will agree on a mediator. A hearing will be held in an effort to mediate the dispute and/or issue. The complainant may be represented by counsel if it is requested to the Executive Committee of the Board at least seven (7) days prior to the mediation session. If alternative dispute resolution is unsuccessful, the complainant may then choose to appeal to the full Board.

NOTE: THE COST FOR ALTERNATIVE DISPUTE RESOLUTION AND/OR MEDIATION SHALL BE EQUALLY DIVIDED BETWEEN HHCK AND THE MEMBER/COMPLAINANT.

Grievances Between Service Sites and Members  The grievance between Service Sites and AmeriCorps Members is first required to be addressed through the Service Sites established grievance procedure. Site Supervisors should handle disciplinary problems arising with Members in the same manner in which problems would be addressed with any employee, by documenting each issue, conciliation and disciplinary action. Site Supervisors are encouraged to initially handle grievances internally; the Program Director should also regularly and routinely be advised and informed of any issues effecting the Member’s performance and steps taken to resolve the issues.

 In the event that adequate resolution is not reached internally, the grievance should then be filed with the Program Director within seven (7) days of the completion of the agency internal grievance procedure. The Program Director will acknowledge receipt of the grievance and immediately set up internal mediation with seven (7) working days of the date of receipt of acknowledgement. The internal mediation session shall be held between the “Homes for All” Member Coordinator as staff designee, the Site Supervisor, and the AmeriCorps Member. A resolution regarding the remedy for this grievance shall be written by “Homes for All” Member Coordinator within seven (7) days of the mediation session and delivered to the Program Director.

 After internal mediation, if adequate resolution cannot be reached or problems are severe enough to merit suspension or termination, the Program Director shall be contacted before a change in the Member’s enrollment status with the program can be considered and/or approved. HHCK reserves the exclusive and sole right to approve suspension and termination of Member. Prior to or following the internal mediation, the complainant must elect alternative dispute resolution within forty-five (45) days after the alleged occurrence. Alternative dispute resolution shall involve mediation, assisted negotiation, and/or neutral evaluation. If alternative dispute resolution is chosen, the HHCK Executive Committee of the Board and complainant will agree on a mediator. A hearing will be held in an effort to mediate the dispute and/or issue. The complainant may be represented by counsel if it is requested to the Executive Committee of the Board at least seven (7) days prior to the mediation session.

NOTE: THE COST FOR ALTERNATIVE DISPUTE RESOLUTION AND/OR MEDIATION SHALL BE EQUALLY DIVIDED BETWEEN HHCK AND THE MEMBER/COMPLAINANT.

TIMELINE FOR GRIEVANCE PROCEDURE  No later than one (1) year after alleged occurrence a written grievance and request for hearing shall be filed;  Within thirty (30) days after filing of grievance there shall be a hearing  Within sixty (60) days after filing of grievance there shall be a decision  If decision is adverse to grievant, or sixty (60) days after filing grievance if no decision has been reached the complainant/grievant may request binding arbitration.  Within forty five (45) days after HHCK Executive Committee appoints arbitrator, a hearing and binding arbitration decision shall be rendered.

Suspension of Placement . In the case of a grievance filed because of the displacement of an employee by an AmeriCorps Member, if a grievance is filed regarding a new proposed placement of a Member in a program or project, such placement must not be made unless the placement is consistent with the resolution of the grievance. Otherwise, the placement will be suspended.

Remedies Pursuant to completing the grievance process, Member and agency [Service Site] employee remedies—where applicable, for a grievance filed under the foregoing procedure established herein--may include the following: a. Reinstatement of the employee to the position he/she held prior to the displacement;

b. Payment of lost wages and benefits; c. Establishment and/or re-establishment of other relevant terms, conditions and privileges of employment;

d. Reinstatement of service activities for the Member; and,

e. Any other equitable relief that is necessary to correct any violation of the non-duplication requirements or to make the displaced employee whole.

HHCK’S Executive Director will provide interpretation or clarification of this grievance procedure. This grievance procedure is referenced and acknowledged in both the Member Agreement and the Service Site Agreement and is filed with the Kentucky Commission on Community Volunteerism and Service.

Reasonable Accommodation Programs and activities must be accessible to persons with disabilities, and the grantee must provide reasonable accommodation to the known mental or physical disabilities of otherwise qualified Members, service recipients, applicants, and program staff. All selections and project assignments must be made without regard to the need to provide reasonable accommodation.

Non-Discrimination Notice NOTICE: IT MUST BE STATED THAT, IN ADDITION TO THE FOREGOING PROCEDURE, A DISCRIMINATION CHARGE MAY BE FILED WITH THE KENTUCKY HUMAN RIGHTS COMMISSION, LEXINGTON-FAYETTE HUMAN RIGHTS COMMISSION (IF YOU RESIDE IN FAYETTE COUNTY), AND THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AS WELL AS WITH THE CIRCUIT COURT IN THE COUNTY IN WHICH YOU RESIDE AND/OR THE INCIDENT OCCURRED. THERE ARE DIFFERENT TIMES REQUIRED FOR FILING YOUR DISCRIMINATION CHARGE FOR EACH AGENCY AND/OR FORUM, AND YOU SHOULD SEEK THE ADVICE OF LEGAL COUNSEL AT YOUR EARLIEST CONVENIENCE TO DETERMINE THE TIMELY MANNER IN WHICH TO FILE SAID DISCRIMINATION CHARGE.

NON-DISCRIMINATION PUBLIC NOTICE AND RECORDS COMPLIANCE Public Notice of Non-discrimination. It is against the law for organizations that receive federal financial assistance from the Corporation for National and Community Service to discriminate on the basis of race, color, national origin, gender, age, political affiliation, sexual orientation, gender identity or expression, marital or parental status, military service, or disability (CFR §2540.210). It is also unlawful to retaliate against any person who, or organization that, files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints, you may bring a complaint to the attention of the Corporation for National and Community Service. If you believe that you or others have been discriminated against, or if you want more information, contact:

Executive Director or Program Director Office of Civil Rights and Inclusiveness Homes for All Program Corporation for National and Community Homeless and Housing Coalition of Kentucky Service 306 W Main St., Ste 207 1201 New York Avenue, NW Frankfort, KY 40601 Washington, D.C. 20525 502/223-1834 1-800-833-3722 (TTY and reasonable Fax: 502/226-4968 accommodation line) (202) 565-3465 (FAX)

XV. Restrictions on Corporation Assistance (CFR §2540.100(a)(e)(f))

(a) Supplantation. Corporation assistance may not be used to replace State and local public funds that had been used to support programs of the type eligible to receive Corporation support. For any given program, this condiion will be satisfied if the aggregate non-Federal public expenditure for that program in the fiscal year hat support is to be provided is not less than the previous fiscal year. (e) 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 paragraph (f) 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.

(f) 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 –

i. will supplant the hiring of employed workers; or

ii. 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—

i. Presently employed worker;

ii. Employee who recently resigned or was discharged;

iii. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;

iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or

v. Employee who is on strike or who is being locked out.

XVI. Invalid Provisions

The invalidity or unenforceability of any particular provision of the Agreement will not affect the other provisions hereof, and the Agreement will be construed in all respects as if such invalid or unenforceable provisions were omitted.

XVII. Governing Law

Except to the extent superseded by federal law, this Agreement will be construed in accordance with the laws of the Commonwealth of Kentucky.

XVIII. Amendments

This Agreement may be changed or revised by written consent from both parties. XIX. Authorization

ACKNOWLEDGEMENT: I have read the foregoing and acknowledge that I understand the procedure and accept its terms and conditions as part of my association with Homes for All, HHCK, and AmeriCorps as evidenced by my signature herein below.

Print Name:______

Member Signature:______Date:______

Program Director Signature:______Date:______