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348833873
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USDA [Department of Agriculture]/AmeriCorps Displacement Issue
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348833873
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USDA [Department of Agriculture]/AmeriCorps Displacement Issue
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Records of the Office of National Service (Clinton Administration)
AmeriCorps Files
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FOIA Number: 2013-0661-F
(3)
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Americorps
Series/Staff Member:
General Files
Subseries:
OA/ID Number:
24236
FolderID:
Folder Title:
USDA [Department of Agriculture]/AmeriCorps-Displacement Issue
Stack:
Row:
Section:
Shelf:
Position:
S
66
1
7
1
SEP-19-1995 10:01 FROM CORPORATION GEN CNSL
TO
97204614
P.02
BY FAX (202 702-4614) and REGULAR MAIL
September 12, 1995
CORPORATION
FOR NATIONAL
Mr. Joel Berg
*
SERVICE
USDA Director of National Service
AG Box 1301
14th & Independence Ave., SW
Washington, D.C. 20250-1301
Re: NRCS Request for Waiver of "Six-Month" Policy.
Dear Mr. Berg:
This is in response to your letter dated September 7, 1995, which enclosed
a request from your NRCS site seeking permission to enroll as AmeriCorps
Members two individuals who recently completed temporary employment with
NRCS as summer aides.
The Corporation's policy on displacement reflects the intent of National
and Community Service Act of 1990, as amended, that national service
participants not displace employees or positions. 42 U.S.C. $ 12637. To that end,
the Corporation's policy generally prohibits grantee/subgrantee organizations from
enrolling individuals who were employed by the organization in the six months
prior to enrollment.
According to your letter and attachments, you seek clarification regarding
two individuals who formerly served as summer aides for NRCS as temporary
intermittent employees. Based on the information contained in the Memorandum
dated August 25, 1995 from Roger L. Bensey to Paula Cole Jones, we are
satisfied that the enrollment of the two individuals in question will not cause
displacement. We have therefore determined that a waiver of the application of
the six-month policy is warranted in this instance.
Sincerely,
Hank Oltne
Hank Oltmann
1201 New York Avenue, NW
Senior Program Officer
Washington, DC 20525
Telephone 202-606-5000
Getting Things Done.
AmeriCorps, National Service
Learn and Serve America
National Senior Service Corps
10/23/95
14:02
202 702 4614
USDA NAT SER OFF +++ COMM-ASSISTANCE
1
003/006
United States
Office of
Washington, D.C.
Department of
Communications
20250-1300
Agriculture
September 7, 1995
Terry Russell
General Counsel
Corporation for National and Community Service
Joel Berg
USDA Director of National Service
AG Box 1301
14th & Independence Ave., S.W.
Washington, D.C. 20250-1301
Dear Mr. Russell
Enclosed is a request from one of our Natural Resources and Conservation Service (NRCS) sites
asking the Corporation for National and Community Service (CNCS) to clarify how the "six
month" rule applies to the enrollment of individuals who have recently been in temporary
Federal programs. Is it permissible for the program to enroll the identified individuals in an
AmeriCorps program? The description of the programs in which the individuals participated
seems to conform to the circumstances you outlined to Mr. Ron De Munbrun of my staff when
you discussed implementation of the "six month" rule.
If you wish to discuss this matter further please contact Ron De Munbrun at (202) 690-3894.
As we are well along in our recruitment process, a speedy decision by you office on this request
would be most appreciated.
Cordially,
Jail Bey
Joel Berg
cc: P. Jones
AN EQUAL OPPORTUNITY EMPLOYER
PRINTED ON RECLAIMED MATERIALS
10/23/95
14:02
202 702 4614
USDA NAT SER OFF COMM-ASSISTANCE
004/006
UNITED STATES
NATURAL RESOURCES
75 High Street Rm 301
DEPARTMENT OF
CONSERVATION
Morgantown, WV 26505
AGRICULTURE
SERVICE
(304) 291-4152
SUBJECT: AmeriCorps/USDA
DATE:
August 25, 1995
TO:
Paula Cole Jones
FILE CODE:
360
Program Manager
This is a request to the Corporation for National Service for a waiver of the restriction on
enrolling AmeriCorps members who worked during the summer with NRCS as
intermittent or temporary summer aides. NRCS has utilized intermittent summer aides in
West Virginia on special one time efforts that are not continuous work done by NRCS and
as such enrolling one of these persons at a different location with an AmeriCorps/USDA
project would not displace any employee nor any work NRCS does. These summer aides
are temporary intermittent employees. They do not have permanent status as either full-
time or part-time employees. Many are college students who utilize this temporary
employment to support their educational expenses-a primary objective of the AmeriCorps
program. To deny these candidates the opportunity to participate would in fact, penalize
the very individuals AmeriCorps was developed to assist.
We have received applications for national service membership from two of these aides
and would like to consider them as potential AmeriCorps members. These persons are
skilled, and willing to serve, and already have a good work ethic and idea of natural
resource conservation work. We are requesting that the Corporation grant a waiver in
these cases as these are non-status, non-permanent, temporary activities with a known
termination date, whose enrollment in AmeriCorps would in no way displace any other
employee, temporary or permanent.
Thank you for your consideration of this request and all that you do in the National Service
Program through the AmeriCorps/USDA projects. If you have questions or concerns
please call me or Patrick Bowen, Project Director at 304-291-4152 ext. 169.
Roy RogerL. Bensey 2 Bersey
State Conservationist
cc:Patrick Bowen
Rick Heaslip
Prin. Staff
10/23/95
14:03
202 702 4614
USDA NAT SER OFF +++ COMM-ASSISTANCE
1
005/006
August 14, 1995
MEMORANDUM FOR JOEL BERG
FROM:
RON DE MUNBRUN
RND
SUBJECT: Waiver of the Rule Restricting the Enrollment in AmeriCorps Programs of Recent
Federal Employees - "Six Month Rule"
I just spoke with Terry Russell, General Counsel for the Corporation for National Service (CNS)
concerning the "Six Month Rule" and how, if at all, it might be waived. Mr. Russell indicated
that the rule might (I emphasize MIGHT) be waived under certain circumstances. We both
agreed that because the rule is intended to prevent the displacement of Federal employees any
waiver must receive careful scrutiny and that final approval should come from the Corporations
Grants and Contract Office (Mike Kenefic).
In our discussion we also developed a few scenarios to explain specific instances in which a
waiver might or probably would not be granted:
1.
A waiver might be granted if the person in question was payrolled in a Federal program
or position that is designed to be temporary in nature, such as a intern program or a
position with a not to exceed date. The key element is that the person is in a position
that has been, is and always will be considered a temporary position.
2.
A waiver probably would not be granted if the person in question was payrolled in a
Federal program or position that is designed to be a permanent position. In such a
program the position does not have a specific not to exceed date and the person in that
position could be in it indefinitely. The key element is that the person not the position
is temporary.
3.
A waiver also would not be granted if the person in question was payrolled in a Federal
program or position EVEN IF THAT POSITION MEETS THE DESCRIPTION
PROVIDED IN ITEM # 1, if the person will be doing essentially the same work they
did as an AmeriCorps member and the same type of work they will be done in a new
AmeriCorps term of service. This applies particularly to USDA Rural Development
10/23/95
14:03
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USDA NAT SER OFF +++ COMM-ASSISTANCE
1
006/006
team members who have reached the 12 month and/or living allowance limits and would
be working in another Federal program during essentially the same work as they did
AmeriCorps members, while waiting for a new term of service to start where they will
continue the same type of work. Such people in "bridge" jobs probably would not be
approved to enroll in a second term of service.
Hopefully, these examples will provide more precise guidance to our program managers. I will
forward this memo to them, emphasizing the fact that all waiver requests must be put in writing
to CNS and that there is no guarantee that any request will be approved regardless of how
closely it follows anyone of the above examples.
To:
File
From:
Frank Trinity
Date:
February 7, 1995
Re:
Allegation of displacement made by Sonia Forry
For the past seven years, Sonia Forry has been employed on a seasonal basis from
mid-June through Labor Day at an information center on the Garden State
Parkway operated by the Cape May County Chamber of Commerce. In January
1995, Ms. Forry received a letter from the Chamber's Executive Director, Robert
C. Patterson, stating that the Chamber had obtained two AmeriCorps Members
and that the information center position would not be available to her for the
1995 season. Ms. Forry believes that the AmeriCorps position is funded through
the U.S. Department of Agriculture.
Ms. Forry has contacted her Congressman, Frank Lobiando, who sent her a copy
of the National Service Act.
Ms. Forry has contacted a Member of the Board of Directors of the Chamber of
Commerce who has promised to look into the matter.
When I asked Ms. Forry if the Chamber of Congress might assert that there was
some reason other than the availability of the AmeriCorps Member for her
release, she stated that there had been some friction last summer with the
information center's office manager. She characterized this as minor and
emphasized that the January 1995 release letter from Robert Patterson mentioned
only the availability of the AmeriCorps Member as a basis for the release.
Ms. Forry stated that she would send me a copy of the January 1995 release letter
from Robert Patterson.
The facts as asserted by Ms. Forry appear to represent a potential violation of the
nondisplacement provision of the Act, which states that "An employer shall 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 assistance under this
subchapter". 42 U.S.C. § 12637(b)(1).
FEB-24-1995 11:44 FROM CORPORATION GEN CNSL
TO
97204614 P.01
Corporation for National Service
Office of the General Counsel
CORPORATION
1201 New York Avenue, N.W.
FOR NATIONAL
Suite 8200
SERVICE
Washington, D.C. 20525
Fax Number: (202) 565-2796
Telefax Message:
Date: 2/24/95
For:
Joel Berg
Office:
USDA
Telephone: 720-6350
Fax : 720-4614
This transmission consists of this cover sheet and / page(s).
From:
Frank Trinity
Comments:
I received this letter today re
allegation of displacement in New Jersey.
If there are any problems with this transmission, please call (202) 606-5000,
ext. 256 .
:ew York Avenue. NW
gion. DC 20525
telephone 202-606-5000
PHOTOCOPY
PRESERVATION
Getting Things Done.
AmcriCorps. National Service
Learn and Serve America
National Senior Service Corps
FEB-24-1995 11:44 FROM CORPORATION GEN CNSL
TO
97204614
P.02
APE MAY (OUNTY
MAY
CHAWHEN
or
hamber of ommerce
P.O. Box 74
Phone: (609) 465-7181
FAX: (609) 465-5017
Exit 11 Garden State Parkway
Cape May Court House, New Jersey 08210-0074
January 3, 1995
Sonia Forry
2085 Route 50 Box 121
Tuckahoe, NJ 08250
Dear Sonia,
Received your Christmas Card and note and am glad to know you received your mug and candies; hope you enjoyed
the candy and had a good holiday from school.
As you probably know, we have been fortunate to receive two job positions from the Americorps Program. I plan on
using one of these people at the Ocean View Information Center earlier in the spring season full time to represent the
Chamber. As you're aware, the traffic volume and tourist inquiry demand gets heavier every year starting in March.
Since we will be covering full time at Ocean View from March on I cannot justify another full time position later on. So
it might be in your best financial interest to start early lining up a full time summer job for yourself.
We are hopeful that having a Chamber of Commerce representative at Ocean View early will help overcome much of
the mix-up and confusion that has happened in the past couple years with who is covered and who isn't covered with
brochure distribution, hotlines, etc.
While all plans are subject to change I feel it only fair to let you know now that we are planning and hoping to have a
full time employee in Ocean View sometime in March which would eliminate your full time position in July and August.
Thank you for your past years of dedicated service to the Chamber at Ocean View and best wishes for the New Year.
Sincerely,
Bob
Robert C. Patterson, Jr.
Executive Director
rlw
PHOTOCOPY
in
New
Jersey
it's
the
Jersey
Cape
SERVING ALL OF THE JERSEY CAPE