T Region VIII Prudential Plaza Building 1050 17th St. Denver, Colorado 80202 Region IX 100 McAllister Street San Francisco, California 94102 1601 Second Avenue Seattle, Washington 98101 Although it may not always be feasible in these offices to set aside rooms for the exclusive or primary use of the public, every reasonable effort will be made to accommodate members of the public who wish to use regional office facilities for the purpose of inspecting and copying records. The office will also endeavor to maintain and have readily available in its regional offices general materials relating to Agency available in the central records room. The Regional Records Officer shall receive and handle requests submitted pursuant to this part. § 1215.9 Identification of records. the (a) In order for the Agency to locate records and make them available it is necessary that it be able to identify the specific records sought. Persons wishing to inspect or secure copies of records should therefore seek to describe and identify them as fully and as accurately as possible. In cases where requests are submitted which are not sufficient to permit identification, the records officer receiving the request will endeavor to assist the person seeking the records in filling in necessary details. (b) Among the kinds of information which a person seeking records should try to provide in order to permit an identification of a record are the following: (1) The unit or program of the Agency which may be responsible for or may have produced the record such as VISTA, Peace Corps, or UYA. (2) The specific event or action, if any, and if known, to which the record refers. (3) The date of the record or the period to which it refers or relates if known. (4) The type of record, such as an application, a contract, a grant or a report. (a) It is the policy of ACTION to encourage the widest possible distribution of information concerning programs under its jurisdiction. To the extent practicable, that policy will be applied under this part so as to permit requests for inspection or copies of records to be met without substantial cost to the person making the request. If a request for information does not involve substantial search time or reproduction costs, the information will be furnished without charge as a service to the public. (b) The following charges will be made for any copies requested by a requester: (1) Copies made by photostat or otherwise (per page)-$.10. (2) Search services shall be charged for at the rate of $5 per hour. Such charge may be made whether or not the search is successful in producing the record requested. (3) In the event a request for documents or records is received which does not state that the requestor will pay any and all reasonably necessary costs, or costs up to an amount specified in such request, and the head of the unit or the Director of Administrative Services determines that the anticipated cost for search and duplication of the records requested will be in excess of $25, or in excess of the limit specified in the request, the Director of Administrative Services shall so advise the requester promptly after receipt of the initial request. Such notification shall specify the anticipated cost of search and reproduction of the records requested. The requester may thereafter amend his request to specify fewer documents, or agree to accept the estimate of anticipated costs, in which case the request shall be deemed received by the Agency upon the date of the requester's response. A requester may, prior to making a request, ask for an estimate of cost from the Director of Administrative Services who shall promptly respond to such request. (4) Payment shall be made to the Director of Administrative Services by cash or personal check, money order, etc., payable to ACTION. A receipt for any fees will be provided upon request. (5) A requester may ask in his original request, or subsequently, that documents requested be furnished without charge or at a reduced charge. Upon receipt of such request the Director of Administrative Services shall refer such request to the Deputy Director or such official as he may designate who shall promptly determine whether such request should be complied with. Such request shall be complied with in event that it is determined that a waiver or reduction of fees is in the public interest because the furnishing of the documents or records requested will primarily benefit the general public. When such a request has been included in a request for documents or records or has been made subsequent thereto, the request shall not be deemed to have been received until a determination on the question of waiver or reduction has been made, provided however, that such determination shall be made within five working days from the date of receipt of any such request. A request for waiver or reduction of fees shall specify the amount of reduction requested and the reasons which cause the requester to feel that the public interest would be served by a waiver or reduction of fees. PART 1216-NONDISPLACEMENT OF EMPLOYED WORKERS AND NONIMPAIRMENT OF CONTRACTS FOR SERVICE Sec. 1216.1-1 Purpose. 1216.1-2 Applicability of this part. 1216.1-3 Policy. 1216.1-4 Exceptions. AUTHORITY: Secs. 402(12), 404(a), 420 of Pub. L. 93-113, 87 Stat. 394, 408, 414. SOURCE: 40 FR 16209, Apr. 10, 1975, unless otherwise noted. § 1216.1-1 Purpose. This part establishes rules to assure that the services of volunteers are limited to activities which would not otherwise be performed by employed workers and which will not supplant the hiring of, or result in the displacement of, employed workers or impair existing contracts for service. It implements section 404(a) of the Domestic Volunteer Service Act of 1973, Pub. L. 93-113 (the "Act"). § 1216.1-2 Applicability of this part. (a) All full-time and part-time volunteers assigned, referred or serving pursuant to grants, contracts, or agreements made pursuant to the Act. (b) All agencies and organizations to which the volunteers in paragraph (a) of this section are assigned, referred or provide services. § 1216.1-3 Policy. (a) Volunteers enrolled or participating in programs referred to in paragraphs (a) and (b) of § 1216.1-2 may not perform any services or duties or engage in activities which would otherwise be performed by an employed worker as part of his assigned duties as an employee. (b) Volunteer referred to in paragraph (a) of this section may not perform any services or duties or engage in activities which will supplant the hiring of employed workers. This prohibition is violated if, prior to engaging a volunteer, an agency or organization referred to in § 1216.1-2(c) had intended to hire a person to undertake all or a substantial part of the services, duties, or other activities to be provided by the volunteer. (c) Volunteers referred to in paragraph (a) of this section may not perform any services or duties or engage in activities which result in the displacement of employed workers. Such volunteers may not perform services or duties which have been performed by or were assigned to, any of the following: (1) Presently employed workers, (2) Employees who recently resigned or were discharged, (3) Employees who are on leave (terminal, temporary, vacation, emergency, or sick), or (4) Employees who are on strike or who are being locked out. (d) Volunteers referred to in paragraph (a) of this section may not perform any services or duties or engage in activities which impair existing contracts for service. This prohibition is violated if a contract for services is modified or cancelled because an agency or organization referred to in § 1216.1-2(b) engages a volunteer to provide or perform all or a substantial part of any services, duties, or other activities set forth in such contract. The term "contract for services" includes but is not limited to contracts, understandings and arrangements, either written or oral, to provide professional, managerial, technical, or administrative services. (e) Agencies and organizations referred to in § 1216.1-2(b) are prohibited from assigning or permitting volunteers referred to in § 1216.1-2(a) to perform any services or duties or engage in any activities prohibited by paragraphs (a) through (d) of this section. § 1216.1-4 Exceptions. (a) The requirements of § 1216.1-3 are not applicable to the following, or similar, situations: (1) Funds are unavailable for the employment of sufficient staff to accomplish a program authorized or of a character eligible for assistance under the Act and the activity, service, or duty is otherwise appropriate for the assignment of a volunteer. (2) Volunteer services are required in order to avoid or relieve suffering threatened by or resulting from major natural disasters or civil disturbances. (3) Reasonable efforts to obtain employed workers have been unsuccessful due to the unavailability of persons within the community who are able, willing, and qualified to perform the needed activities. (4) The assignment of volunteers will significantly expand services to a target community over those which could be performed by existing paid staff, and the activity, service or duty is otherwise appropriate for the as signment of a volunteer and no actual displacement of paid staff will occur as a result of the assignment. (b) For the purposes of paragraphs (a)(1) and (4) of this section, the assignment is not appropriate for the assignment of a volunteer if: (1) The service, duty, or activity is principally a routine administrative or clerical task. This definition applies only to any service, duty, or activity performed by a volunteer receiving financial support apart from reimbursement for expenses. (2) The volunteer is not directly in contact with groups or individuals whom the Act is designed to serve or is not performing services, duties, or engaged in activities authorized or of a character eligible for assistance under the Act. § 1217.1 Introduction. Section 105(a)(1), Part A, of the Domestic Volunteer Service Act of 1973, Pub. L. 93-113, 87 Stat. 398, authorizes the Director of ACTION to pay VISTA volunteers a stipend not to exceed $50 per month and a stipend not to exceed $75 a month in the case of VISTA volunteers who have served for at least a year and have been designated volunteer leaders. Section 105(a)(1) further provides that the selection of volunteer leaders shall be pursuant to standards, established in regulations which the Director shall prescribe, which shall be based upon the experience and special skills and the demonstrated leadership of such persons among volunteers. § 1217.2 Establishment of position. A request for the proposed establishment of VISTA volunteer leader position for a specific project shall be submitted by a sponsor in writing in advance to the appropriate ACTION Regional Director. Specific tasks, responsibilities, qualifications, and the proposed supervisory structure are to be detailed in the request. § 1217.3 Qualifications. A volunteer recommended for a VISTA volunteer leader position must have: (a) Completed a one-year term as a VISTA volunteer. (b) Demonstrated ability to work constructively and communicate with volunteers, supervisor/sponsor, and the target population. (c) Demonstrated ability to work well with and gain acceptance of other volunteers. (d) Demonstrated ability to provide self-motivation and self-direction, and maturity to accept supervision and direction from supervisor/sponsor. (e) Sensitivity to the needs and attitudes of others, and exhibit a sincere commitment to the mission of VISTA. § 1217.4 Selection procedure. (a) Nomination. Candidates may be nominated in writing to the Regional Director by the Program Officer or the State Program Director in whose area the volunteer serves. The nomination shall include a copy of the completed ACTION Form V-95a, for the Regional Director's review. (b) Selection. VISTA volunteer leaders will be selected by the Regional Director (or his designee). The criteria for selection shall include: (1) The recommendation of the volunteer by the State Program Director or Program Officer. (2) An overall rating by the supervisor/sponsor of above average on the ACTION Form V-95a. (3) A description of specific tasks, responsibilities, qualifications, and the proposed supervisory structure, which justifies the establishment of the VISTA volunteer leader position. A selection decision is final. (c) Reenrollment. VISTA volunteer leaders may be reenrolled in accord § 1217.6 Roles of volunteers. VISTA volunteer leaders may have the following roles: (a) Primary contact with VISTA volunteers on personal and administrative matters. (b) Aid in communication of VISTA policies to VISTA volunteers. (c) Encourage and develop VISTA volunteer leadership and initiative on projects. (d) Aid as a resource in development and conduct of training programs. (e) Assist sponsor in preparation for arrival of VISTA volunteers, and assist new volunteers in settling-in, housing, orientation, etc. (f) Aid in the development of meaningful relationship and understanding of individual program concepts with VISTA volunteers and supervisor/ sponsor. (g) Advise supervisor on potential problem areas, and needs of VISTA volunteers. (h) Aid supervisor/sponsor in the redevelopment of projects to best meet goals and objectives addressing the community's problem(s). PART 1218-VISTA VOLUNTEERSHEARING OPPORTUNITY Sec. 1218.4 Standards for regional plan. 1218.5 Procedures for approval of plan. 1218.6 Freedom to present views. It is ACTION's policy to encourage the free exchange of views between volunteers and staff members with respect to the terms and conditions of the volunteers' service. Ordinarily these exchanges occur in the day-today contact between volunteers and staff. However, there are occasions when it is desirable to provide volunteers with an opportunity to present their views with respect to the terms and conditions of their service in a more formal way. The differences between ACTION regions require that the means selected in each region to accomplish this result be appropriate to its particular needs. This regulation provides standards within which regions must establish a procedure to enable volunteers to present their views to be heard with respect to the terms and conditions of their service on a regular basis by appropriate ACTION officials and receive a timely response to their concerns. § 1218.4 Standards for regional plan. Each ACTION Domestic Regional Director shall recommend, after consultation with representative volunteers, sponsors, and other interested persons, the specific procedures to be established for VISTA volunteers to present their views concerning the terms and conditions of their service. Each proposed plan must incorporate the following features: (a) A free and open opportunity for volunteers to communicate their views to appropriate ACTION regional office officials. (b) An opportunity for all volunteers to be heard with respect to their views in connection with the terms and conditions of their service by a responsible ACTION regional office official, either personally, or through democratically selected representatives, on a regular basis. The plan must provide such an opportunity to the volunteer at least twice in each year, and provide for notice to volunteers of the time and place of the meeting at which they may be heard. (c) Appropriate provisions with respect to volunteers' or volunteers' representatives travel expense and per diem which enable the volunteers or their representatives to attend and present their views to the regional office officials at scheduled meetings. (d) Response to volunteer's views by appropriate ACTION officials in a prescribed period of time. (e) Summary reports by each Regional Director to the Deputy Associate Director for VISTA and ACTION Education Programs of problems and concerns expressed by volunteers concerning terms and conditions of their service and action taken in response to such problems and concerns. (f) An opportunity for any volunteer who feels that his/her concerns have not been properly addressed to communicate the same to the Regional Director. Such communication shall be included in the Regional Director's report to the Deputy Associate Director and shall be reviewed by him. § 1218.5 Procedures for approval of plan. Each Regional Director shall submit the plan for his region to the Deputy Associate Director, VISTA and ACTION Education Programs for approval. Approval by the Deputy Associate Director for VISTA and ACTION Education Programs of the proposed regional plan shall be based upon: (a) The adequacy of the procedures to provide for systematic and open |