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.
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) 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. Grants under the Extraordinary Costs of Investigating and Prosecuting Capital Murder and Hate Crimes program are exempt from this rule.
4. (d) If approved by CJD (and in accordance with a grantee's or subgrantee's policy), grantees may use grant funds to pay staff members leaving employment for accrued leave, which includes but is not limited to, annual leave, compensatory time, and sick leave. These payments may only fund leave earned and taken during the current grant period. The proportion of grant funds paid for leave 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.
5. (e) For Edward Byrne Memorial Fund projects, CJD may approve requests to pay overtime in accordance with agency policy only for law enforcement officers assigned to a multi-jurisdictional task force and only from program income that is not used toward the minimum cash-match requirement.

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; amended to be effective December 16, 2002, 27 TexReg 11729.