BONNEVILLE POWER ADMINISTRATION

**HUMAN RESOURCES**

**Portland, Oregon**

**PERSONNEL LETTER NO. 308-1 (Revised) DATE:** January 24, 2003

**SUBJECT:** Volunteer Service

# PURPOSE

> To provide BPA policy and procedures pertaining to the acceptance of
> Volunteer service.

## PURPOSE OF REVISON

> This Personnel Letter is revised to clarify the need for consultation
> with Labor Relations staff in cases involving performance of hourly
> duties by volunteers. This Personnel Letter supersedes and abolishes
> Personnel Letter No. 311-2 (Revised), dated June 14, 2002.

### REFERENCES

**A.** 16 U.S.C., Chapter 12B, Section 832i, Employment of Personnel

> **B.** Bonneville Project Act of 1937, as amended

**C.** 5 U.S.C. 3111, Chapter 31, Acceptance of Volunteer Service

D.  5 CFR Part 308, Volunteer Service

E.  Office of Personnel Management, Operating Manual, The Guide to
    Processing

> Personnel Actions, Chapter 33, Documentation of Volunteer Service

F.  Personnel Letter No. 810-1, Injury Compensation and Occupational
    Disease Program

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IV. **BACKGROUND**

> Generally, BPA is prohibited by law (section 1342 of title 31, United
> States Code) from accepting volunteer service. No person may provide
> unpaid service to the Government or provide service with the
> understanding that he/she will waive pay. Exceptions to this
> prohibition are provided only for: (1) employment in emergencies
> involving the protection of life or property; (2) employment of
> assistants to handicapped employees; (3) employment of experts and
> consultants; and (4) employment of students to further their
> educational goals (see below).
>
> Title 16 granted the BPA Administrator specific authority to accept
> and utilize voluntary and uncompensated services. Title 5 authority
> limits voluntary services performed by a student, with the permission
> of an institution at which the student is enrolled, for the purpose of
> providing educational experience for the student.

V.  **POLICY**

> **A.** BPA will accept volunteer service from interested individuals
> only when such service furthers BPA program objectives.
>
> **B.** Volunteers will not be assigned to perform volunteer services
> of a critical sensitive or noncritical sensitive nature. Nor will they
> have access to classified or sensitive materials. Service performed by
> an individual on a voluntary basis may not be used to displace or
> replace any employee in BPA's work force and must not contribute to
> erosion of the position duties of other employees.

VI. **DEFINITON**

> **[Volunteer]{.underline}:** A person who does not meet the definition
> of employee and who volunteers or donates his/her service, the primary
> benefit of which accrues to the performer of the service. Services
> performed by such a volunteer include personal services that, if left
> unperformed, would not necessitate the assignment of an employee to
> perform them.
>
> **[Student Volunteer]{.underline}:** Service performed under 5 U.S.C.
> 3111, with the permission of the institution at which the student is
> enrolled, as part of a program established for providing educational
> experience for the student.

VII. **ELIGIBILITY AND STATUS**

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A.  Individuals providing voluntary services are not considered to be a
    Federal employee but are covered by injury compensation and tort
    claims laws for the purposes of:

    1.  The Federal Tort Claims provisions published in 28 U.S.C., 2671
        through 2680. BPA General Counsel staff administratively
        processes claims arising as a result of volunteer participation.

    2.  Title 5 U.S.C. chapter 81, relative to compensation for injuries
        sustained during the performance of work assignments. Claims
        related to injuries should be referred to the BPA Workers'
        Compensation Program Coordinator and referred to the Office of
        Workers' Compensation Program, U. S. Department of Labor, for
        adjudication.

B.  [Benefits]{.underline}: Student Volunteers are not entitled to
    benefits, i.e., travel subsistence expenses, quarters, and any
    reimbursement or payment in kind. For other Volunteer services,
    reasonable payments may be allowed for necessary travel and other
    expenses.

C.  [Minimum Age]{.underline}: Student volunteers should be at least age
    16 or in the tenth grade or at an equivalent level of schooling. In
    situations deemed appropriate by the Personnel Services staff,
    students younger than 16 or at a level of schooling below the tenth
    grade or equivalent may serve. Under no circumstances, however, may
    a student younger than age 14 serve, regardless of grade in school.
    Students who are between grades, as for example, during the summer,
    are considered to be in the grade or class in which they will next
    be enrolled. Other volunteers must conform to Federal, State, and
    local laws and standards regarding the employment of minors.

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D.  [Citizenship]{.underline}: Only a United States citizen may perform
    volunteer services. The Personnel Services staff must request proof
    of citizenship prior to beginning volunteer service.

E.  [Other]{.underline}: Volunteer services may also be accepted of
    participants in vocational rehabilitation programs.

**VIII. WRITTEN AGREEMENTS**

> BPA requires a written agreement between the supervisor (business
> unit) and the volunteer. In the case of a student volunteer, an
> agreement must also be negotiated with the educational institution.
> The written agreement must identify BPA's and the school's
> responsibilities and the conditions or limitations under which the
> student will serve. In the case of other volunteer services, the
> agreement must identify BPA's and the volunteer's responsibilities and
> the duration of the service. Supervisors may establish agreements
> appropriate to their needs as long as the requirements of law and BPA
> policy are met. A sample agreement is attached.

**IX. TRAINING**

> Volunteers may only be trained in procedures and/or systems that are
> unique to their service and essential to conducting their assigned
> responsibilities. Training in these areas is usually part of a
> volunteer's orientation into BPA.

**X. RESPONSIBILITIES**

A.  **[Supervisors]{.underline}** are responsible for:

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1.  Accepting volunteer services from interested individuals.

2.  Preparing and signing written service agreements with the volunteer.

3.  Providing service agreements to the Personnel Services staff prior
    to the volunteer reporting to the work location.

4.  Providing to the Personnel Services staff upon conclusion of
    volunteer service: inclusive dates of service, total hours or day
    worked, and last date of service by the volunteer.

5.  Obtaining appropriate physical and cyber security access approvals.

6.  Ensuring that the volunteer's duties are not similar to, or take the
    place of, hourly positions included in the CPTC bargaining unit. For
    example, volunteers may not operate equipment determined to be under
    the jurisdiction of the CPTC.

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B.  **[Manager, Personnel Services]{.underline},** is responsible,
    through assigned staff, for:

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1.  Assuring that procedures are in place where all individuals have
    equal access to participate in volunteer services.

2.  Ensuring that all policy, eligibility, and status requirements are
    met prior to the volunteer beginning services as set forth in this
    Personnel Letter. This includes consulting with Labor Relations
    staff to ensure that the duties are not similar to, or take the
    place of, hourly positions included in the CPTC bargaining unit.

3.  Preparing a "welcome letter" to be given to the volunteer before
    service begins. Letters must include the statement that volunteers
    are not Federal employees under 5 U.S.C. 2105, and thereby are not
    appointed to a Federal position.

4.  Preparing a "thank you" letter when volunteer service is concluded
    which contains: inclusive dates of service; total hours or days
    worked; and guidance on obtaining documentation of volunteer
    services in the future. A copy of this letter is provided to the
    Personnel Services staff.

5.  Providing copies of the "welcome letter" and "thank your" letter to
    the supervisor and staff management.

6.  Advising supervisors on volunteer services program requirements.

7.  Serving as liaison with officials of educational institutions.

8.  Ensuring that required documentation is appropriately documented and
    records retained in accordance with retention schedules.

    A.  **[Labor Relations staff]{.underline}** has final authority in
        determining whether a volunteer's duties infringe on work
        performed by the CPTC bargaining unit, and coordinates needed
        discussions with the CPTC.

**XI. DOCUMENTATION**

> Personnel Services staff are responsible for documenting volunteer
> service as follows:

A.  All volunteer service will be documented on a "welcome" letter
    written to the volunteer, before service is to begin, which contains
    the following information:

> Name of the volunteer; Bonneville Power Administration and the name of
> the business unit; position/office title which will be shown as
> "volunteer" or "student volunteer"; duty location; days/hours of duty;
> and a statement indicating that volunteer service is not creditable
> and/or reference of the Tort Claims Act.

B.  Since volunteers are not Federal employees under 5 U.S.C. 2105, and
    thereby are not appointed to a Federal position, the position title
    will be shown as "volunteer" or "student volunteer" as the
    individual does not encumber an official position.

C.  When volunteer service is concluded, a "thank you" letter will be
    prepared and forwarded to the volunteer. The letter will contain the
    following information.

> Inclusive dates of service; total hours or days worked; and guidance
> on obtaining documentation of volunteer service in the future.
>
> Although volunteers are not Federal employees, their service like any
> other types of volunteer service may be creditable as related
> experience under examination rating schedules, for meeting
> qualifications requirements for future Federal employment. In
> addition, for student volunteers, some participating schools which
> award course credit for such service may require certification of
> periods during which students rendered service.

**XII. RECORDKEEPING**

> An Official Personnel Folder cannot be used to maintain volunteer
> service. Personnel Services staff will use the following to maintain
> records of volunteer service.

1.  Personnel Services will maintain a folder file for all volunteers.
    The Human Resources Management Information System (HRmis)

> non-employee data may also be used to record volunteer service. The
> volunteer folder must include the signed volunteer agreement
> containing: the name of the volunteer; the name of the employing
> business unit; duty location; days/hours of duty; at the end of the
> volunteer period, documentation of inclusive dates of service; and
> total hours or days worked.

2.  Any other relevant materials will be maintained in the folder by the
    Personnel Services staff in a central location.

3.  All volunteer service records are safeguarded, e.g., in locked
    desks, filing cabinets, a secured room, etc., to prevent loss or
    destruction of records.

**XIII. DISPOSITION**

> Volunteer service files will be maintained for five years after the
> completion of the volunteer period. After five years, service files
> may be destroyed.

**XIV. REQUESTS FOR DOCUMENTATION OF VOLUNTEER SERVICE**

> Personnel Services staff are responsible for responding to requests
> from former volunteers for documentation of volunteer service.

Godfrey C. Beckett

Manager, Human Resources, Diversity and EEO

Attachment:

Sample Volunteer Service Agreement

ATTACHMENT

**BONNEVILLE POWER ADMINISTRATION**

**VOLUNTEER SERVICE AGREEMENT**

I.  **Assignment Data**

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1.  Name of Volunteer or Student:

    1.  Academic Discipline, if applicable:

    2.  Educational Institution:

    3.  Academic Level:

    4.  Volunteer Program Objective:

    5.  Statement of Service to be Performed:

    6.  Assignment Location:

    7.  Proposed Length of Service:

    8.  Proposed Tour of Duty:

    9.  Starting Date:

    10. Ending Date:

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II. **AGREEMENT**

> I have read the above statement of service to be performed and agree
> to perform the assignment as described.
>
> I understand that:
>
> I am to receive no pay or other compensation for services rendered;
>
> I hereby agree to waive any and all claims against the Government for
> salary or wages on account of services performed;
>
> I am not considered to be a Federal employee for any purpose other
> than for purposes of:
>
> \(1\) The Federal Tort Claims provisions published in 28 U.S.C. 2671
> through 2680.
>
> \(2\) Title 5, U.S.C. Chapter 81, relative to compensation for
> injuries sustained during the performance of work assignments.
>
> I am to conduct myself with honesty and integrity in the performance
> of my volunteer service;
>
> This agreement may be terminated at any time by my educational
> institution, the Bonneville Power Administration, or myself.
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Signature of Volunteer Date
>
> I certify that the volunteer services to be performed by the
> volunteer, as outlined in this Volunteer Service Agreement, will not
> displace any employee or erode the duties of other employees.
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Signature of Supervisor Date

III. **Education Institution Agreement (if applicable)**

> I certify that (Name of student) is a student enrolled not less than
> half time and is in good academic standing. The duties to be performed
> and scheduled hours of work are approved as appropriate for the course
> of study or training that he/she is pursuing. The student (will/will
> not) receive academic credit for the volunteer service.
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Signature of Institution Date