(9) Charging of fees.
The grantee shall ensure that no individual is charged a fee for being referred to or placed in WisJOBS-subsidized employment.
The grantee shall comply with the provisions of nepotism described as follows:
(a) Hires, promotions and salaries.
No board member or employee of the grantee may recommend or decide to hire, promote, or establish the salary of another person when the person affected is a member of his or her immediate family.
(b) Supervision and management.
No board member or employee of the grantee may give preferential treatment in the supervision or management of another employee who is a member of his or her immediate family.
(11) Child labor.
The grantee shall comply with applicable federal, state and local child labor laws.
(12) Political patronage.
The grantee shall prohibit political patronage described as follows:
The grantee may not select, reject, or promote a client or staff person based on the individual's political affiliation or beliefs, or as a reward for political services, or as a form of political patronage.
The grantee may not refer clients to WisJOBS programs based on political patronage or affiliation.
(13) Political activities.
The grantee shall comply with the provisions of partisan or nonpartisan political activities described as follows:
Neither grantee staff nor clients may engage in partisan or nonpartisan political activities during hours for which they are paid with DETP funds.
Neither grantee staff nor clients may engage in either partisan or nonpartisan political activities in which they represent themselves as spokespersons for the WisJOBS program.
(14) Sectarian activities.
WisJOBS funds may not be used to attempt to support either religious or anti-religious activities.
(15) Union activities.
The grantee shall comply with the provisions of union activities described as follows:
(a) Union consultation.
The grantee and employer shall consult with the appropriate labor organization prior to placing a WisJOBS-subsidized employee into a position covered by a collective bargaining agreement.
(b) Deductions for dues or fees.
Employers may deduct union dues or service fees for WisJOBS-subsidized employees according to applicable collective bargaining agreements or state laws.
(c) Unionization activities and work stoppages.
The grantee assures that WisJOBS funds will not be used for unionization activities and work stoppages described as follows:
WisJOBS funds may not be used in any way to promote or oppose unionization;
No client may be placed in, or remain working in, any position affected by a labor dispute involving a work stoppage or strike;
No WisJOBS program may impair existing contracts for services or collective bargaining agreements.
(16) Maintenance of effort.
The grantee shall comply with the maintenance of effort provisions described as follows:
WisJOBS programs shall subsidize new positions which result in an increase in the number of jobs over those which would otherwise be available with the employer; and may not result in the total or partial displacement of currently employed workers, or reduction in hours of nonovertime work and wages available to or worked by a current employee authorized under s. 101.35 (8), Stats.
(b) Hiring freezes.
WisJOBS clients may not be hired into, or remain working in, any position when the same or a substantially equivalent position is vacant due to a hiring freeze.
WisJOBS clients may not be hired into, or remain working in, any position when any person who is not funded by WisJOBS is on layoff from the same or a substantially equivalent position in the same organizational unit of the employer. For the purposes of this paragraph, a layoff is in effect until the expiration of the period required by a recall list; or if no recall list or reemployment rights exist, for a period of one year from the last layoff or until the next operating year of the department or agency, whichever occurs later.
(17) Criminal provisions.
The grantor shall initiate action to prosecute to the full extent of the law any officer, director, agent or employee of a grantee or employer receiving WisJOBS funds who commits any of the following acts:
(a) Enrollment of ineligibles.
Knowingly hiring or enrolling an ineligible individual;
(b) Misapplication or theft of funds.
Embezzling, willfully misapplying, stealing, or obtaining by fraud any funds which are the subject of a WisJOBS grant;
(c) Inducement or threats.
Inducing another person to give up money or something of value to a person or grantee by threat of dismissal or refusal to renew a WisJOBS grant;
(d) Obstructing or impeding investigations or inquiries.
Willfully obstructing or impeding, or attempting to obstruct or impede, an investigation or inquiry into activities relating to a WisJOBS grant when those activities are alleged to be criminal or a violation of the law, this chapter or the PPM;
(e) Promising special consideration.
Directly or indirectly promising any wage reimbursement contract as special consideration, favor, or reward for any political activity; or
Coercing another individual into making a political contribution by denying, or threatening to deny, employment or benefits under a WisJOBS grant.
(18) Responsibility for preventing fraud and abuse.
The grantee shall be responsible for the provisions to prevent fraud and abuse described as follows:
(a) Establish and utilize management procedures.
The grantee shall establish and use internal program and fiscal management procedures sufficient to prevent fraud and program abuse.
(b) Maintain sufficient and adequate records.
The grantee shall ensure that sufficient auditable and otherwise adequate records and documentation are maintained which support the expenditure of all WisJOBS funds. Such records shall be sufficient to allow the DETP or the state of Wisconsin to audit and monitor the WisJOBS program.
(c) Establish procedures and conduct monitoring.
The grantee shall establish monitoring procedures to periodically monitor and review through on-site visits and program data, all program activities supported with funds under a WisJOBS grant to ensure compliance with the appropriate legislation, this chapter and the PPM.
(d) Report allegations or complaints.
Any person who becomes aware of an allegation or complaint about possible fraud, misfeasance, nonfeasance, malfeasance, misapplication of funds, gross mismanagement, and employer, employee, or client misconduct involving WisJOBS programs or operations shall immediately report such incidents to the district attorney for the county in which the alleged violation took place and simultaneously transmit a copy of the report to the DETP.
The grantee shall assure that it will comply with the following provisions of liability:
(a) Liability for claims.
Neither the state of Wisconsin nor the DETP may assume any liability with respect to bodily injury, illness, or any other damages or losses, or with respect to any claims arising out of any activities undertaken under a WisJOBS grant or agreement, whether concerning persons or property in the grantee's organization or third parties. The grantee shall insure or otherwise protect itself with regard to activities under the grant. As evidence of ability to assume potential liability beyond that which is covered by insurance, the grantee shall submit the following to the DETP:
Evidence that such liability is underwritten by a unit or units of local government; or
Assurance of ability to meet risks inherent to program activities under the grant.
(b) Bonding coverage.
The grantee shall provide bonding coverage for every officer, director, agent, or employee authorized to receive or deposit DETP funds in program accounts, or to issue financial documents, checks or other instruments of payment for grant costs. The amount of bonding shall be the lower of the following:
(c) Bonding cancellation.
The grantee shall immediately notify the DETP if the bond is cancelled or reduced.
(d) Liability for disallowed costs.
The grantee shall assume liability for any costs disallowed by the DETP because of violations of provisions in applicable laws, this chapter, the PPM, or the individual grant or contract. The DETP reserves the right to withhold payment of costs from current WisJOBS grants if the grantee fails to comply with the provisions of its grant agreement.
(20) Program specifications.
The grantee assures that it shall comply with the following program specifications:
(a) Qualified business priorities.
In allocating funds, the grantee shall give priority to qualified businesses which meet the criteria authorized under s. 101.35 (10), Stats.
(b) Identification of qualified businesses.
The grantee shall develop written procedures for identifying qualified businesses, including those that meet the qualified business priorities authorized under s. 101.35 (10), Stats.
(c) Grant diversion funding.
The grantee shall document the results of its attempts to obtain AFDC grant diversion funding authorized under s. 101.35 (10) (c), Stats.
(d) County area emphasis.
The grantee shall document the results of its attempts to subsidize wages for positions in areas of the greatest unemployment authorized under s. 101.35 (10) (d), Stats.
DWD 830.06 History
Cr. Register, May, 1989, No. 401
, eff. 6-1-89.
General principles affecting allowability of costs.
Grantee expenses shall meet the following general criteria in order to be allowable:
(a) Necessary and reasonable.
Expenses shall be necessary and reasonable for proper and efficient administration of the WisJOBS program, be allocable thereto, and not be a general expense required to carry out the overall responsibilities of the grantee;
(b) Authorized or not prohibited.
Expenses shall be authorized or not prohibited under state or local laws, rules or regulations;
(c) Conform to limitations or exclusions.
Expenses shall conform to any limitations or exclusions set forth in applicable law, this chapter, or the PPM;
(d) Consistent with grantee activity.
Expenses shall be consistent with policies, regulations, and procedures that apply uniformly to other activities of the agency of which the grantee is a part;
(e) Consistent with accepted accounting principles.
Expenses shall be accorded consistent treatment through application of generally accepted accounting principles appropriate to the circumstances; and
(2) Cost limits.
The grantee shall comply with the following cost limits:
A grantee may not expend more than 10% of total grant expenditures for administrative costs associated with the WisJOBS program. Compliance will be determined as of the end of the grant.
(b) Subsidized wages.
A grantee shall expend at least 80% of total grant expenditures to subsidize wages for clients who meet the criteria authorized under s. 101.35 (10) (b), Stats.
Compliance will be determined as of the end of the grant.
DWD 830.07 History
Cr. Register, May, 1989, No. 401
, eff. 6-1-89.
The following requirements apply to all WisJOBS grantees:
(1) Access, retention and custodial requirements for records.
The grantee shall comply with the following requirements for the access, retention and custody of records:
(a) Access to records.
The grantee shall maintain and provide access to WisJOBS records and cooperate with monitoring, auditing and evaluation activities described as follows:
The grantee shall maintain records and provide access to them as necessary for the DETP to assure that funds are being expended in accordance with the purposes and provisions of the WisJOBS PPM, and to assist the DETP in determining the extent to which the program meets the requirements of the PPM, this chapter and s. 106.20
The grantee shall give the state of Wisconsin and the DETP, through any authorized representative, the access to and the right to examine all records, books, papers, or documents related to its WisJOBS grant and contracts.
The grantee shall cooperate with monitoring, auditing and evaluation activities regarding its WisJOBS program, including unannounced monitoring visits conducted by the DETP.
The grantee shall retain and make records available to the public in accordance with applicable laws governing open records and freedom of information.
(b) Retention of records.
The grantee shall retain the following records for three years beyond resolution of any applicable litigation, audit findings, or claims:
All records pertinent to each client's enrollment in the WisJOBS program, including wage information, dates of entry and termination, and documentation of eligibility.
All records pertinent to its WisJOBS grant agreement, including financial and statistical records and supporting documents.
(c) Custody of records.
The grantee shall provide custody of WisJOBS records. The grantee's custodial requirements may be discontinued in accordance with the following:
The DETP may request transfer of certain records to its custody from the grantee if the grantee is no longer able to maintain custody of those records.
The grantee shall provide the DETP with 30 days advance notice if it intends to discontinue maintenance of its records before the end of the mandatory retention periods indicated above.
(2) Standards for financial management systems.
The grantee assures it shall comply with the following standards for financial management systems:
(a) Written procedures.
The grantee shall establish written procedures documenting its financial management system.
(b) Financial management systems.
The grantee's financial management systems shall provide for the following:
Effective internal controls to adequately safeguard assets from waste, fraud and abuse and from unauthorized purposes and inefficient use; promote accuracy and reliability in the accounting records; and encourage and measure compliance with this document, state and local laws and regulations, where applicable.
Accounting records that adequately identify the source and application of DETP funds and are properly supported by source documentation. These records shall contain information pertaining to DETP grant awards, authorizations, revenues, expenditures, assets, obligations, and unobligated balances.
Determining the reasonableness, allowability and allocability of expenses in accordance with the provisions for cost determination in this chapter and the terms of the grant or other agreement.
Accurate, current and complete disclosure of the financial results of each grant in accordance with the DETP reporting requirements identified in the PPM.