HomeMy WebLinkAboutORD 2000-043 1998-2000 ,s.
COUNTY OF HAWS, ';SATE OF HAWAII
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BILL NO. 229
00 43
ORDINANCE NO.
AN ORDINANCE AMENDING THE HAWAII COUNTY CODE, 1983 (1995 EDITION), TO
PROVIDE FOR THE ESTABLISHMENT OF A WORKFORCE INVESTMENT ACT
PROGRAM
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings. The Workforce Investment Act of 1998, as adopted by
Congress, makes significant changes in the way this country's employment, training, literacy and
vocational rehabilitation programs do business. The act consolidates the confusing array of
duplicative and disjointed job training programs, allowing states and local communities to
develop comprehensive one-stop delivery systems for employment and training services. The act
consolidates more than 60 existing federal training programs through three block grants to the
states and their local govenunents: Adult Employment and Training, Disadvantaged Youth
Employment and Training, and Adult Education and Literacy Grants. The act has provisions to
encourage individual responsibility and consumer choice, encourage innovation, cut bureaucracy,
and strengthen accountability. It transfers funding and decision-making authority out of
Washington to states and especially local communities for the design of local workforce
development programs.
The act is intended to be the first major reform of the nation's job training system in more
than 15 years. The federal goverrunent considers the reforms embodied in the Workforce
Investment Act of 1998 "to be pivotal, and not business as usual." Key elements of this reform
include streamlining services through a "One-Stop Shop," empowering individuals through
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information and access to training resources through Individual Training Accounts (vouchers),
providing universal access to core services, increasing accountability for results, and ensuring a
strong role for local governments and the private sector.
The Act requires the governor and the County "chief elected official," in this case the
Mayor, to make numerous decisions together. It also requires real fiscal and program decision
making by the local private sector (through a Workforce Investment Board) in partnership with
government. Therefore, in order to participate in this Act and receive funds, the County must
establish a new program. And, to facilitate the required accounting and record keeping, in the
County, for this new program, a special fund needs to be created to reflect the federal grant
received and funds expended.
SECTION 2. Chapter 1, Section 1-4, ofthe Hawaii County Code 1983 (1995 Edition) is
amended by adding a new definition to be appropriately inserted and to read as follows:
"Workforce Investment Act of 1998" refers to the United States Public Law 105-
220-August 7, 1998 (112 Stat. 9361 and 20 Code of Federal Reeulations Hart 652 and parts 660
throu hg
6?1.
SECTION 3. Chapter 2 of the Hawaii County Code 1983 (1995 Edition) is amended by
adding a new article to be appropriately designated and to read as follows:
"Article .Workforce Investment Act Program
Section 2- .Established. There is established, within the County of Hawaii, a
Workforce Investment Act Program which shall be under the direction and supervision of the
mayor.
Section 2- Purpose. The pumose of this program is to improve the quality of the
workforce, reduce welfaze dependency, and enhance the productivity and comnetitiveness of our
citizens by implementing the Workforce Investment Act of 1998.
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Section 2- Powers and duties. The County shall have, without limitation all
powers necessary and appropriate to cam out its duties and functions under the Workforce
Investment Act of 1998.
Section 2- Workforce Investment Board.
(a) A Workforce Investment Board, subject to certification by the Governor of the State
is established. Pursuant to the Workforce Investment Act of 1998. its:
(1) members shall be appointed by the mayor.
(2) membership shall include representatives of government agencies, education.
labor and business and satisfy the act's reauirements.
(31 chairperson must be elected from among the business representatives.
(bl The board shall have all powers duties and functions required to implement within
the Island of Hawaii, in partnership with the mayor, the Workforce Investment Act of 1998.
Section 2- .Creation of fund. Pursuant to section 10-12 of the Charter, a special
fund to be known as the Workforce Investment Act Program Fund is established.
Section 2- Funding. The Workforce Investment Act Program shall be funded by
federal rg ants.
Section 2- Expenditures from fund. The roroceeds from the fund shall be used for
the necessary expenditures of administering and Gamine out the Workforce Investment Act of
1998. Ever~ex~enditure shall comply with the reauirements of that law.
The administrator of the Office of Housing and Community Develoroment is authorized to
promulgate rules and regulations, if necessary, for the implementation of the Workforce
Investment Act Program.
Section 2- Impairment of Federal Funds. If any_part of the Charter. this Code or
this Ordinance is found to be in conflict with federal requirements that are a prescribed condition
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for the allocation of federal funds to the County, under the Workforce Investment Act of 1998,
the conflicting art of the Charter, this Code or this Ordinance is inoperative to the extent of the
conflict and with respect to the agencies directly affected This finding shall not affect the
operation of the remainder of these laws in their application to the agencies concerned.
Section 2- Termination of fund. Upon either the termination of the Workforce
Investment Act of 1998, or the withdrawal of the coup from participation in the program, the
Workforce Investment Act Program Fund shall be terminated. Prior to termination, any
remaining-proceeds in the fund shall be disposed of in accordance with federal requirements."
SECTION 4. Ramseyer format. Material to be repealed is bracketed. New material is
underscored. In printing this ordinance, the brackets, bracketed material and underscoring need
not be included.
SECTION 5. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
.4
COUNCIL MEMBER
Hilo, Hawaii
Date of Introduction: April 5, 2000
Date of ls` Reading: April 5, 2000
Date of 2"d Reading: April 19, 2000
Effective Date: April 26, 2000
ASL:pc
asl-com:Workforce ord 3-00
REPEREhRCE: Carom..,,, 705
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OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo ,Hawaii _
r I~OI,L,CALL VOTE
'A'1' t' C)E ~iBS EX
Introduced By: Aaron S . Y . Chunq Arakaki ~ X ,
Date Introduced: April 5, 2000 Chung ~C,, : f
First Reading: April 5, 2000 Elazionoff X
Published: April 14 & 17, 2000 Jacobson X
Leithead-Todd X
REMARKS.'
Pisicchio X
Smith X
Tyler X
Yagong X
7 0 2 0
Second Reading: April 19, 2000 ROLL CALL VOTE
To Mayor: April 25, 2000 AYES NOES ABS EX
Returned: A~ ri 1 2g, 70(10 Arakaki X
Effective: April 26, 2000 Chung X
Published: May 8, 2000 Elarionoff X
Jacobson X
REMARKS:
Leithead-Todd X
Pisicchio X
Smith X
Tyler X
Yagong X
9 0 0 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
l~/Le. 4/
DEPU Y CORPORATION COUNSEL
COUNTY OF HAWAII NCIL CHAIRMAN
Date ~~l a 7 ~~~o ~ ~ ,
~ O - NTY CLE _
Approved/Beserpprva~l this day
of , 20 A ~
Bill No.: 229
MAYOR, COU YOFHAWA/I Reference: C-705
Ord. No.: ®