1. (a) CJD will determine the reasonableness of requested salaries and reserves the right to limit the CJD-financed portion of any salary. In determining reasonableness, the following rules apply:

   1. (1) Salaries for grant-funded positions must comply with the grantee's or applicant's salary classification schedule for employees of the applicant agency. Salaries for persons assigned to the grant project from agencies other than the applicant must be reimbursed in accordance with the assigning agency's salary classification schedule.
   2. (2) If the applicant or assigning agency does not have a classification schedule, then the proposed salary must be commensurate with that paid for similar work in other activities of the grantee, applicant, or assigning agency. For nonprofit agencies, in cases where such work is not found within the agency, CJD will consider reasonableness based on that paid for similar work in the labor market in which the applicant competes for the kind of employees involved.
   3. (3) CJD will not pay any portion of the salary of or any other compensation for an elected or appointed government official.
   4. (4) CJD will not approve a grant-paid salary that is in excess of that of the top-ranking official or employee of the organization, agency or assigning agency.
2. (b) For law enforcement and prosecution grants, the grantee must maintain time sheets that indicate an employee's actual time worked and the project's case or cause number (or other indicators of assignment). This requirement applies to personnel whose primary function is investigating or enforcing laws or prosecuting alleged offenders.
3. (c) Salaries for staff assigned to a grant project who expend less than 25 percent of their time on the project may not be charged against the grant. If the job descriptions for multiple employees who all work on the grant are identical, however, grantees may add together the time expended by each of these employees on the grant for the purpose of meeting this requirement. The executive director may grant exemptions to this rule for individuals working on multiple grants. Grants to COGs are exempt from this rule.
4. (d) Grantees may not use grant funds to provide overtime pay. Overtime pay is remuneration for hours worked in excess of full time on a grant project. Full time is 40 hours per week. Grants under the Extraordinary Costs of Prosecuting Capital Murder and Hate Crimes program are exempt from this rule.

5. (e) A grantee may reallocate excess personnel funds created by a vacancy under either of the following circumstances:

   1. (1) The reallocation is in accordance with §3.2513(b)(1), including the requirement that the amount of the reallocation not exceed 90 days of the budgeted salary for the vacant position.
   2. (2) The grantee requests a grant adjustment from CJD within the first 90 days of the vacancy and CJD approves the request through a written grant adjustment notice.
6. (f) If approved by CJD (and in accordance with a grantee's policy), grantees may use grant funds to pay staff members leaving employment for accrued compensatory time and compensated absences. These payments may only fund compensatory time and compensated absences accrued during the current grant period. The proportion of grant funds paid for compensatory time and compensated absences cannot exceed the proportion of grant funds used to pay the staff member's salary. Grantees may not carry forward compensatory time and compensated absences from one grant period to another.
7. (g) CJD may only approve the use of on-call services to meet match requirements. Grantees must justify a demonstrated need for on-call services and have an on-call policy that is approved by their governing board.

Source Note:The provisions of this §3.75 adopted to be effective February 24, 2000, 25 TexReg 1297; amended to be effective July 16, 2000, 25 TexReg 6485; amended to be effective September 9, 2001, 26 TexReg 6645.