Being an AmeriCorps member with the Emergency Services Corps
is a great opportunity to serve others.
With this opportunity, there are certain rights and responsibilities you
have as an ESC member. Also with
this opportunity, there are certain guidelines to follow to ensure success in
the program.
ESC Member Roles
You have many roles as an ESC member. First of all, you are a member of the
Emergency Services Corps. You are
also an AmeriCorps member. You are
also a volunteer of the YMCA Resource Center of Delaware. You may also be made a member of the
fire company where you are placed.
In addition, you may be given a title at your placement – volunteer
coordinator or recruitment specialist, for example. At any time during your year of service, you are
representing all of these organizations.
Keeping this in mind, it is important to conduct yourself in a positive
manner and behave professionally at all times. YOU are the face of the Emergency Services Corps.
You are not considered an “employee” of your placement
site. When referring to the
activities you perform at your site, you should consider it “service” instead
of “work.” You receive a living
allowance as opposed to a salary or hourly wage to emphasize that you are
performing a year of service.
As an AmeriCorps member, you are considered a hybrid of an
employee and a volunteer – officially classified as a “member” in the Citizen
Service Act of 1990.
ESC Member Rights
& Responsibilities
All ESC members have the right to:
- Be treated fairly and with respect at all times from everyone affiliated with the Emergency Services Corps Program.
- Serve and learn in an atmosphere free from harassment or discrimination.
- Receive thorough ESC member training in order to serve effectively at their placements.
- Support and guidance from both their ESC Program Director and Site Supervisor.
- Provide honest feedback about the ESC program.
- Provide input into the continuing development of the ESC program.
- Have grievances and complaints heard and answered in a timely manner.
- Be placed at a site with regard to personal preference, skills, experience, and location.
- Have a clean, orderly work environment with access to a computer, phone, fax, and other materials necessary to complete objectives.
- Feel safe and comfortable expressing opinions and discussing life experiences.
- Ask questions.
All ESC members have the responsibility to:
- Treat all others with respect while functioning in the capacity of an AmeriCorps member.
- Represent the ESC in a positive manner.
- Be open to feedback, both positive and negative.
- Complete service duties promptly and reliably.
- Participate in member orientation, trainings, conferences, service projects, and retreats.
- Arrive on time to all activities, service, and training related to the ESC Program.
- Inform your ESC Program Director of any problems or concerns before they become overwhelming.
- Learn, understand, and follow all policies and procedures regarding the ESC and service sites.
- Ask questions if they do not understand a policy, procedure, or request.
- Complete ALL paperwork thoroughly and in a timely manner.
- Make every effort to complete goals and objectives.
- Be a contributing member of the ESC team and support fellow teammates.
ESC Rules of Conduct
A. The member is expected to, at all times while acting in an official
capacity as an AmeriCorps member:
- demonstrate mutual respect toward others;
- follow directions;
- behave in professional and positive manner;
- direct concerns, problems and suggestions to
the appropriate Program official;
- report to the service site on time as
scheduled and at the proper service site ready to start at the assigned
time;
- maintain confidentiality at all times; and
- not have a firearm or other weapon in
his/her possession.
B. At no time may the member:
- engage in any activity that is illegal under
local, state, or federal law;
- engage in activities that pose a significant
safety risk to others; falsify reports or records including, but not
limited to: AmeriCorps application, personnel records, expense accounts,
service hours records, medical reports, and/or agency records;
- count, claim, or receive any type of
compensation other than what is provided by AmeriCorps, for hours served
in AmeriCorps activities. (AmeriCorps members, while serving in any
capacity for the Program, CANNOT report AmeriCorps service hours to any
other individual, group, organization, business, or other entity that
would then consider the member to be acting in any capacity for them. Nor
can a member receive any type of compensation from any individuals,
groups, organizations, businesses or other entities, other than AmeriCorps
for his or her service hours. If the member is employed in addition to his
or her AmeriCorps service, hours served in his or her job CANNOT be
counted as AmeriCorps service hours. Any double claiming or "double
dipping" is a violation of federal law and cause to be released
immediately from the Program and to become ineligible for an educational
award. If a member has a question regarding whether something could be considered
as "double dipping," it is his or her responsibility to ask the
AmeriCorps Program Director prior to proceeding.
C. The following acts also constitute a
violation of the program’s rules of conduct:
- Unauthorized tardiness;
- Unauthorized absences;
- Repeated use of inappropriate language (i.e.
profanity) at a service site;
- Failure to wear appropriate clothing to
service site;
- Removing property or records from service
sites without authorization;
- Stealing or lying;
- Engaging in any activity that may physically
or emotionally damage other members of the program or the community;
- Possessing, using, selling, or manufacturing
any illegal drugs or controlled substances during the term of service;
- Consuming alcoholic beverages during the
performance of service hours;
- Being under the influence of alcohol or
drugs during the performance of service activities;
- Failure to disclose any previous criminal
arrest of conviction before the term of service begins;
- Failure to notify the program of any
criminal arrest or conviction that occurs during the term of service;
- Failure to follow the instruction of, or
perform service requested by, the Site Supervisor or ESC Program Director;
- Failure to regularly check email;
- Failure to participate in any ESC team
training, conference, or overnight retreat without prior approval of the
ESC program director;
- Failure to adhere to the ESC, YMCA of DE, or
service site dress code;
- Failure to follow requirements regarding
facial hair (no beards or goatees);
- Placing long-distance personal phone calls
or making excessive personal phone calls (including those on a cell phone) during scheduled
AmeriCorps service hours;
- Failure to turn off cell phone ringers
during ESC trainings;
- Failure to follow ESC requirements related
to outside work/school commitments;
- Possession of weapons of any type during
service hours;
- Fighting or threatening violence while
performing service hours;
- Violation of health or safety rules;
- Sexual harassment of other members or
individuals at member’s service site;
- Discrimination against fellow members,
service site co-workers, or volunteers on the basis of race, color,
national origin, disability, sex, age, political affiliation, or in most
cases, religion.
- Misrepresenting hours of service or
falsifying time and attendance records;
- Falsifying expense sheets;
- Disclosing confidential client, victim, or
agency information;
- Failure to cooperate in any AmeriCorps or
sponsoring agency’s investigation;
- Inefficiency, incompetence, or negligence in
the performance of duties;
- Physical or mental incapacity for performing
assigned duties if no reasonable accommodation can be made for the
disabling condition;
- Refusal to accept a reasonable and proper
assignment from an authorized supervisor;
- Undermining ESC team efforts or purposefully
sabotaging team morale; and
- Riding in or driving a 15-passenger van.
- Failure to turn in time and activity reports
on time
* Under the Drug-Free Workplace Act, you must
immediately notify the Program Director if you are convicted under any criminal
drug statute. Your participation in the program is conditioned upon compliance
with this notice requirement and we will take action for violation of
this.
C. The member understands that while
charging time to the AmeriCorps Program, accumulating service or training
hours, or otherwise performing activities associated with the AmeriCorps
program or the Corporation, staff, and members may not engage in the following
activities:
- Attempting to influence legislation.
- Organizing or engaging in protests,
petitions, boycotts, or strikes.
- Assisting, promoting, or deterring union
organizing.
- Impairing existing contracts for services or
collective bargaining agreements.
- Engaging in partisan political activities or
other activities designed to influence the outcome of an election to any
public office.
- 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.
- 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.
- Providing a direct benefit to:
a. A for-profit entity;
b. A labor union;
c. A partisan political organization; or
d. An organization engaged in the
religious activities described in the preceding sub-clause, unless Grant funds are not used to support the
religious activities.
e.
A nonprofit entity that fails to comply with the restrictions
contained in section
501(c)(3)
of U.S. Code Title 26.
Voter registration
drives by AmeriCorps members is an unacceptable service activity. In addition,
Corporation funds may not be used to conduct a voter registration drive.
Other activities as the
Corporation determines will be prohibited, upon notice to the Grantee.
Individuals may exercise
their rights as private citizens and may participate in the above activities on
their initiative, on non-AmeriCorps time, and using non-Corporation funds. The
AmeriCorps logo should not be worn while doing so.
Disciplinary
Action
For violating the any of
the above stated rules, the ESC will impose the following: (except in cases where,
during the term of service, the member has been charged with or convicted of a
felony or possession, sale, or distribution of a controlled substance.)
There is no requirement that the ESC
follow a prescribed sequence in the imposition of a particular form of
sanction.
1. For
the member’s first offense, an appropriate Program official will issue a verbal
warning to the member;
2. For
the member’s second offense, an appropriate Program official will issue a
written reprimand to the member;
3. For
the member’s third offense, the member may be suspended for one day or more or
put on probation for a set amount of time.
4. For
the member’s fourth offense, pending an assessment by the ESC Program Director,
the Program may release the member for cause.
Release from Terms of Service
A. The member may be released by the Program from
the term of service in the following two ways:
1. Suspension,
or
2. Termination.
B. The member may be released for the following two
reasons:
1. For
cause, as explained in paragraph C of this section, or;
2. For
compelling personal circumstances as defined in paragraph D of this section.
C. The program will release the member for cause for
the following reasons:
1. The
member has dropped out of the program without obtaining a release for
compelling personal circumstances from the appropriate Program official;
2. During
the term of service the member has been convicted of a violent felony or the
sale or distribution of a controlled substance;
3. The
member has committed a fourth offense in accordance with paragraph E of Section
VI of this agreement;
4. The
member has committed any of the offenses listed in Section VI of this agreement
and the offense and occasion are deemed reason for release for cause; or
5. Any
other serious breach that in the judgment of the Program Director would
undermine the effectiveness of the program.
D. The ESC Program may release the member from the
term of service for compelling personal circumstances if the member
demonstrates that:
1. The
member has a disability or serious illness that makes completing the term
impossible;
2. There
is a serious injury, illness, or death of a family member which makes
completing the term unreasonable, difficult, or impossible for the member;
3. The
member has military service obligations;
4. The
member has accepted an opportunity to make the transition from welfare to work;
5. Some
other unforeseeable circumstance beyond the member’s control makes it
impossible or unreasonably difficult for the member to complete the term of
service, such as a natural disaster, a strike, relocation of a spouse, or the
nonrenewal or premature closing of a project or the program.
E. Compelling personal circumstances do not include
leaving the ESC Program to:
1. Enroll
in school;
2. To
obtain employment, other than in moving from welfare to work; or
3. Because
of dissatisfaction with the program.
F. The ESC Program may suspend the member’s term of
service for the following reasons:
1. During
the term of service, the member requests a suspension based on compelling
personal circumstances, as described in paragraph D of this section. During the suspension from service, the
member will not receive credit for service hours or benefits. The member may resume his or her term
of service once the circumstances supporting the suspension have been resolved. However, a suspension may last no more
than two years from that date of the suspension. If the member does not resume the term within a two year
period, the member may request that the program exit the member and the member
will be eligible for a partial education award based on the number of hours
served in the term.
2. During
the term of service, the member has been charged with a violent felony or sale
or distribution of a controlled substance. (If the member is found not guilty or the charge is
dismissed, the member may resume his/her term of service. The member, however, will not receive
back living allowances or credit for any service hours missed.)
3. During
the term of service, the member has been convicted of a first offense of
possession of a controlled substance.
(If, however, the member demonstrates enrollment in an approved drug
rehabilitation program, the member may resume the term of service. The member will not receive back living
allowances or credit for any service hours missed.)
G. The Program may suspend the member’s term of
service for violating the rule of conduct provisions set forth in this
handbook.
H. If the program releases the member for cause or
for compelling personal circumstances, the member will cease to receive the
benefits listed in this handbook.
I. If
the program releases the member for cause, the member will receive no portion
of the education award. If,
however, the program releases the member for compelling personal circumstances,
the member will receive a prorated education award, provided the member has
completed at least 15 percent of the hours needed to complete the term of
service.
J. A
term that ends early, either for cause or for compelling personal
circumstances, is still considered a term and the education award that the
member receives, or would have been eligible to receive, will count towards the
total of two education awards that an individual may receive through service
with AmeriCorps.
Discrimination &
Sexual Harassment
The Emergency Services Corps, as program of the YMCA of
Delaware, is committed to providing a work environment that is free of
discrimination. Actions, words,
jokes, or comments based on an individual’s sex, race, ethnicity, age,
religion, national origin, or any other legally protected characteristic will
not be tolerated. As an example,
sexual conduct (both overt and subtle) can serve to create an offensive work
environment and is thus prohibited
Any ESC member who has reason to believe that he or she is
the victim of harassment should promptly report the facts of the incident to
the ESC program director or to the Vice President of Human Resources for the
YMCA of Delaware. A prompt
investigation will be completed and the ESC and/or YMCA of Delaware will take
appropriate corrective action where it is warranted. (Section 703, YMCA of
Delaware Personnel Policy).
In addition, it is against the law for organizations that
receive federal financial assistance from the Corporation for National and
Community Service (including the Emergency Services Corps) to discriminate on
the basis of race, color, national origin, disability, sex, age, political
affiliation, or, in most cases, religion.
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, please contact:
Office of Civil Rights and Inclusiveness
Corporation for National and Community Service
1201 New York Avenue, NW
Washington, D.C. 20525
202.606.7503 (voice); 202.565.2799 (TDD)
202.565.3465 (fax); eo@cns.gov (email)
Disabilities Policy
The Emergency Services Corps will not deny acceptance into
the program any qualified individual with disabilities. We encourage
individuals with disabilities to apply for the ESC. Reasonable accommodations will be made for the known mental
and physical disabilities of otherwise qualified persons.
Drug & Alcohol
Policy
In accordance with the Drug-Free Workplace Act, 41 U.S. C.
701, and in recognition of the fact that drug abuse may cause poor service
performance and attendance as well as decrease members’ quality of life, the
Emergency Services Corps shall make every effort to provide a drug-free
workplace for its members.
The unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited at any site where
service is performed for the Emergency Services Corps.
Any Emergency Services Corps member who unlawfully
manufactures, distributes, dispenses, or uses a controlled substance in the
workplace shall be subject to disciplinary action, up to and including
termination.
Any Emergency Services Corps member who is convicted of a
criminal drug violation shall inform the ESC Program Director in writing within
five (5) days of such conviction.
Failure to notify the Program Director in writing within the specified
timeframe shall be regarded as grounds for termination.
The ESC Program Director will notify the Corporation for
National & Community Service within ten (10) days of receiving notice of
such conviction.
The Emergency Services Corps will attempt to help a person
with substance abuse problems by encouraging entry into an approved drug abuse
assistance or rehabilitation program.
Emergency Services Corps members suffering from substance abuse problems
are encouraged to seek assistance voluntarily. The YMCA Resource Center is available to provide referral
assistance to individuals seeking substance abuse assistance.
Dress Code
ESC Members will follow the dress code of the organization
where they are placed while they are at that site. They may wear the uniform or
issued clothing of their site.
However, ESC members may not violate YMCA dress code policy while at
their service site. In accordance with YMCA dress code policy, members are
limited to two earrings per ear while serving and no other visible pierced
jewelry is allowed (e.g., nose rings, tongue rings, labret piercings,
etc). Visible tattoos are
permitted in accordance with YMCA policy; however, if a tattoo represents an
inappropriate theme (e.g., nudity, violence, vulgarity, profanity, etc.), the
member is required to cover the tattoo while serving. A copy of the YMCA dress code is provided.
Facial hair may be limited during the course of the
program because of the nature of the personal protective equipment that members
are required to wear as a part of their service. Members may not have a beard or goatee during their service
year; they may have a mustache that does not reach below the jaw line. Members understand that they may be
asked to shave at any time during the service year if they do not follow this
guideline.
ESC members are issued AmeriCorps gear that they may wear
at their service site if appropriate.
This gear includes a sweatshirt and a t-shirt. Members will also be
issued polo shirts. When engaging in any kind of outreach or recruitment
activity, members are required to wear their uniform polo shirt and khaki or
other neutral-colored slacks. The only exception to this will be made if the
member’s service site has issued the member a uniform that the site would
prefer the member wear when out representing the company.
AmeriCorps members cannot participate in any prohibited
program activities while wearing their AmeriCorps gear. They also may not consume alcoholic
beverages in public or be in a place, such as a bar, that primarily serves
alcoholic beverages while wearing AmeriCorps gear. Members are fully expected
to behave in a way that represents the characters values of the YMCA while
wearing their AmeriCorps gear: caring, honesty, respect, and responsibility. Members may be required to wear
AmeriCorps gear on service days.
For questions related to dress code, contact the ESC
Program Director and/or Site Supervisor.
Tardiness Policy
ESC Members are expected to attend all ESC related
activities on time. If you
anticipate being late, contact your ESC Program Director ahead of time. If you cannot reach your Program
Director by office phone (302.571.6975) or cell phone (401-301-9601), please
leave a message on both voicemails.
Every member is permitted one lateness. Lateness is defined as being at a scheduled training, event,
or service day any time after the scheduled time. Second lateness receives a verbal warning. Third lateness receives a written
warning. Fourth lateness results
in the member being placed on probation with a fifth lateness resulting in
termination. If you arrive at
training more than ten minutes late without informing the Program Director ahead
of time, you will be asked to leave for the remainder of the day without
accruing any service/training hours for the day.
Lateness in paperwork follows the same guidelines.
Cell Phone Use
Use of cell phones in not permitted while in ESC related
training or at ESC related events.
Cell phones must be placed on silence. Pagers (including fire company
issued pagers) must also be placed on silent. If a member is expecting an
urgent phone call, he/she must inform the Program Director in advance.
Grievance
Procedures
The ESC Program has a
grievance procedure to resolve disputes concerning the member’s suspension,
dismissal, service evaluation or proposed service assignment. Members may file a grievance in
accordance with the Program’s grievance procedure.
The purpose of this
process is to resolve disputes involving AmeriCorps members and any other
interested individuals in a fair and expeditious manner. In general, disputes
must pertain to service related issues such as a proposed service assignment or
a mid-term or end of term evaluation; or a member’s suspension or dismissal. A
dispute also may concern an applicant protesting the reason he/she was not
selected as an AmeriCorps member.
All AmeriCorps members must file complaints in accordance with the
following procedures set forth below.
1) Pre-Complaint Process
In
general, all aggrieved parties such as members, applicants, or any other
interested parties should attempt to resolve any problems or disputes with the
other party on a one-to-one basis.
The issues should be clearly stated and understood by both parties. If
this process does not resolve the matter, the aggrieved party may request that
the program provide an alternative dispute process such as mediation or
facilitation to resolve the dispute. The program may provide this alternative dispute process to the
aggrieved party. The program and the aggrieved party will jointly select the
mediator or facilitator. If an
alternative dispute process is used and the matter is not resolved within 30
calendar days from the date the dispute resolution process began, the neutral
party mediating or facilitating the process should notify the aggrieved party
of his/her right to file a formal complaint. The neutral party, however, may
not participate in the formal complaint process. In addition, no discussions of
the pre-complaint process can be referred to or introduced into evidence in the
formal complaint process including the arbitration hearing. Any decision by the
neutral party is advisory and is not binding unless both parties agree.
2) Formal Grievance Proceeding:
Time Limits.
Except for a grievance that alleges fraud or criminal activity, a
grievance must be made no later than one year after the date of the alleged
occurrence. If a hearing is held
on a grievance, it must be conducted no later than 30 calendar days after the
filing of such grievance. A
decision on any such filed grievance must be made no later than 60 days after
filing.
Effect of Informal Process. In
the event an aggrieved party files a grievance after participating in an
informal dispute resolution process, the neutral party may not participate in
the formal grievance proceeding.
In addition, no communication or proceeding of the informal dispute
resolution process may be referred to or introduced into evidence at a
grievance or arbitration proceeding.
Arbitration. If
there is an adverse decision against the party who filed the grievance, or no
decision has been reached after 60 calendar days after the filing of a
grievance, the aggrieved party may submit the grievance to binding arbitration
before a qualified arbitrator who is jointly selected and who is independent of
the interested parties. If the
parties cannot agree on an arbitrator, within 15 calendar days after receiving
a request from one of the parties, the Corporation will appoint an arbitrator
from a list of qualified arbitrators.
Time Limits. An
arbitration proceeding must be held no later than 45 days after the request for
arbitration, or if the arbitrator is appointed by the Corporation, the
proceeding must occur no later than 30 calendar days after the arbitrator’s
appointment. A decision must be made by the arbitrator no later than 30
calendar days after the date the arbitration proceeding begins.
Cost. In
accordance with 42 U.S.C. 12636 (f)(4)(D), the cost of the arbitration
proceeding must be divided evenly between the parties to the arbitration unless
the party requesting a grievance proceeding prevails. If the grievant prevails, the Grantee must pay the total
cost of the proceeding and reasonable attorney’s fees of the prevailing party
incurred in connection with the ADR proceeding.
Effect
of Noncompliance with Arbitration .
Pursuant to 42 U.S.C. 12636(f)(7), a suit to enforce an arbitration
award may be brought in any federal district court having jurisdiction over the
parties without regard to the amount in controversy or citizenship.
Suspension of a Placement. If
a grievance is filed regarding a proposed placement of a member in a Program or
project, such a placement must not be made unless the placement is consistent
with the resolution of the grievance.
Remedies. Remedies for a grievance filed under a
procedure established by the Grantee may include:
i. Prohibition of a placement of a member; and
ii. In grievance cases where there is a violation of
non-duplication or non-displacement requirements and the employer of the
displaced employee is the Grantee:
(a) Reinstatement of the employee
to the position he or she held prior to the displacement;
(b) Payment of lost wages and
benefits;
(c) Re-establishment of other
relevant terms, conditions and privileges of employment;
(d) Any other equitable relief that
is necessary to correct any violation of the non-duplication or
non-displacement requirements or to make the displaced employee whole.
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