a.
Supplementation. Grant
funds may not be used to replace state or local public funds that had been used
to support Programs or projects of the type eligible to receive Corporation
Grant funds. For any given Program, this
condition will be satisfied if the aggregate non-federal public expenditure for
that Program or project in the fiscal year that support is to be provided is
not less than the previous fiscal year.
b.
Non-Duplication. Grant funds may not be used to duplicate
services that are available in the locality of a Program or project. The Grantee may not conduct activities that
are the same or substantially equivalent to activities provided by a state or
local government agency in which the Grantee entity resides.
c. Non-Displacement.
i. Prohibition on Displacing an Employee or a Position. The Grantee 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 member in a Program or project.
ii. Prohibition on Selecting an Employee for Participation. The Grantee may not select a member who is employed by the Grantee or who was employed by the Grantee in the previous six months, unless the Corporation’s AmeriCorps Program Office waives this requirement upon a sufficient demonstration of non-displacement.
iii. Prohibition on Promotional Infringement. The Grantee may not create a community service opportunity that will infringe in any manner on the promotional opportunity of an employed individual.
iv. Prohibition on Displacing Employee Services, Duties or Activities. A member in a Program or project 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.
v. Prohibition on Supplanting, Hiring or Infringing on Recall Rights. A member in a Program or project may not perform any services or duties, or engage in activities, that:
(a.) Will supplant the hiring of employed workers; or
(b.) Are services, duties or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures.
vi. Other Prohibitions. A member in a Program or project may not perform services or duties that have been performed by or were assigned to any:
(a) Currently employed worker;
(b) Employee who recently resigned or was discharged;
(c) Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures;
(d) Employee who is on leave (terminal, temporary, vacation, emergency or sick); or
(e) Employee who is on strike or is being locked out.