Operational Requirements for Member Agencies
Gleaners approves Member Agencies to receive and distribute purchased and donated products in accordance with the policies and requirements established by Gleaners for its Member Agencies. Status as a Member Agency can be modified, suspended or terminated by Gleaners in its discretion. Gleaners expects member agencies to treat all recipients with respect, courtesy, and civility.
To assist Member Agencies in understanding our expectations, Gleaners has detailed below conduct and actions that Gleaners considers to be operational deficiencies, violations or infractions of Gleaners' policies and rules. This list is not exhaustive, and Gleaners may take actions that it considers appropriate whether detailed in this policy or not.
Operational deficiencies or violations or infractions of Gleaners' policies include, but are not limited to:
- Exchanging donated food or other products for money, goods, property, services, or benefits of any kind or using food and other products for fundraising or similar events held by the agency.
- Using donated food or other products in a manner that is not related to the tax-exempt purposes of Gleaners.
- Requiring or encouraging food program participants to pay, donate, pray, attend religious services or work/volunteer to receive products or special treatment.
- Agency staff or volunteers are often in need of food as well. To avoid the appearance of requiring work in exchange for food, and to maintain a fair and just distribution, needy volunteers or staff must meet the same eligibility requirements and follow the same process as other participants.
- Removal of donated food or other products from an on-site program for private use.
- Civil Rights violations.
- Loss of 501(c)3 status as a public charity.
- Donated food or other products that are improperly stored, refrigerated, or transported.
- Donated food or other products that are improperly stockpiled.
- Delinquency in submitting monthly agency statistics by the 10th of the month.
- Delinquency in payment of shared-maintenance, membership fees or other fees. Agency accounts 60 days past due are subject to suspension.
- Delinquency in providing current and appropriate proof of food safety certification.
- Agency places fewer than 7 paid orders a year and/or does not reliably distribute food.
- Agency refuses or does not cooperate in Gleaners' inspection of agency facility.
- Agency is in violation of any state or local statute, ordinance, code or regulation.
- Agency creates or allows a hostile work environment for Gleaners' customers, staff or volunteers, or their own customers, staff or volunteers.
- Agency otherwise violates the Agency Agreement between itself and Gleaners, or any other Gleaners' policies, procedures or requirements.
Operational Procedures
Gleaners may evaluate compliance with operational requirements during monitoring visits. Gleaners may also receive information about the Agency from third parties and outside sources. Gleaners' staff will review all information, complaints or tips regarding an Agency's conduct as it determines necessary and appropriate. Gleaners will verbally or in writing notify an Agency of the outcome of a review or investigation.
If necessary, Gleaners will advise the member agency of any remedial actions or consequences of Gleaners' investigation. Gleaners may deliver this information verbally or in writing. If the notice involves a suspension or termination, Gleaners will confirm that notice in writing within five (5) business days of the initial notice; if verbal, the initial notice will serve as formal notice and shall be effective when provided.
Possible outcomes related to review of operational requirements are detailed below. These actions are not progressive. Gleaners may implement the outcome(s) that it determines appropriate at any time.
- No action necessary. The Agency is meeting operational requirements; no remedial action is necessary.
- Remedial Action. Gleaners' review of operational procedures may identify deficiencies in operational requirements that Gleaners believes the Agency can promptly remedy by specific actions recommended by Gleaners. Gleaners will advise the Agency of those actions.
- Suspension. An Agency may be suspended if found in violation of Gleaner's operational requirements. Upon suspension, the Agency loses all the rights and privileges of a Member Agency. An Agency that remedies prior violations to Gleaners' satisfaction may be considered for re-instatement to active status. All decisions about re-instatement are in Gleaners' sole discretion.
- Termination. Gleaners may terminate an Agency partnership if Gleaners determines that a serious violation has occurred or because of repeated violations. Upon termination, the member agency shall not be entitled to obtain Products from Gleaners. Any Agency whose partnership is terminated under this provision may not become a member agency of Gleaners for at least one (1) year after the termination and only after submitting a new membership application and satisfying all Gleaners' requirements for Member
- Resolution of Disputes. An Agency may request review of a suspension or termination by submitting a detailed written statement appealing the suspension or termination decision to the Gleaners Agency Relations Operations Manager within ten (10) business days of the notification of suspension or termination. The Gleaners' Agency Relations Manager will review timely submitted documentation from the Agency. The determination of the Gleaners Agency Relations Manager is final and binding.
- Other Remedies. In addition to the remedies provided above, Gleaners may exercise any other rights available to it, whether arising under the Agency Agreement, under applicable law, or otherwise, in any manner it determines is appropriate. Gleaners may instruct an Agency to return all Products received from Gleaners. Gleaners shall take any action available to it, and may exercise or not exercise rights as it determines is appropriate under the circumstances.