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HomeMy WebLinkAboutHCWDB Final By-Laws- ADA CompliantHAWAII COUNTY WORKFORCE DEVELOPMENT BOARD BY-LAWS ARTICLE I — DEFINITIONS Derinitions Section 1 Board" means the Hawaii County Workforce Development Board HCWDB"). Optimum policy-making authority" means an individual who can reasonably be expected to speak affirmatively on behalf of the entity he or she represents and to commit that entity to a chosen course of action. Demonstrated experience and expertise" means an individual who: a. Is a workplace learning advisor as defined in WIOA § 3( 70); b. Contributes to the field of workforce development, human resources, training and development, or a core program function; or c. Is recognized by the Board for valuable contributions in education or workforce development related fields. ARTICLE II — PURPOSE Purpose Goals and Objectives Section 1 The Board shall conduct its affairs in conformity with the goals, objectives, duties, and intent as set forth in the Workforce Innovation and Opportunity Act ("WIOX) and the related sections of the Code of Federal Regulations. The Board shall, in partnership with the Chief Elected Official establish and oversee the workforce system in Hawaii County and carry out such duties and functions as delegated to by the CEO. Section 2 The HCWDB shall, in partnership with the Chief Elected Official establish and oversee the workforce system in Hawaii County in accordance with legislative requirement of the Workforce Innovation and Opportunity State of Hawaii Workforce Development Council policy and A. Develop and submit a 4 -year plan local plan for the local area, in partnership with the chief elected official and consistent with WIOA section 108; B. Develop and submit a local annual budget plan C. Select the local workforce system operator according to the Hawaii One -Stop Delivery System Policy; and D. Select eligible youth service provider, consistent with federal, state and local procurement requirements; and E. Select eligible providers of adult and dislocated worker training providers; and F. Assist the state administrative entity in maintaining a list of eligible Training providers including cost and performance data through a local approval process; and G. Conduct oversight of the one-stop delivery system including all Workforce Innovation and Opportunity Act activities; and H. Promote one-stop center programs and activities; and Negotiate local performance measures. J. The Board sets policies and serves as a strategic convener to promote the development of highly competent and productive workforce by coordinating the efforts of educational institutions, agencies and the entire community in order to sustain a strong economy and lifestyle. K. The Board must participate actively and closely with required and other public and private partners to continuously improve and align employment training, and education programs through innovation and development of strategies to promote economic growth and create a more comprehensive, effective, job -driven workforce development system. L. Promote private sector involvement in the local workforce development system through effective connecting, brokering, and coaching activities through intermediaries, such as the one-stop operator in the local area, the local business services function, or through other organizations to assist employers in meeting hiring needs; and M. Conduct business in an open manner by making available to the public information about activities of the local board; this includes the local plan before submission, membership, designation of the local workforce system operator, the awards of grants or contracts, and minutes of the Board meetings; and N. Assess on an annual basis, the physical and programmatic accessibility of all one-stop centers in the local area, in accordance with WIOA section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U. S. C. 12101 et seg.); and O. Certification of one-stop centers in accordance with 20 CFR section 678. 800 ARTICLE 111--BOARD MEMBERSHIP Appointments Section 1 Members of the Board shall be appointed by the Mayor by process of formal nomination. A. Business representative shall be appointed from among individuals nominated by local business organizations, other than their employer; and B. Business trade associations and representatives from labor organizations shall be appointed from among individuals who have been nominated from local labor federations. C. All members should have "optimum policy -malting authority," that is, the individual that may reasonably be expected to speak affirmatively on behalf of the entity he or she represents and to commit that entity to a chosen course of action, and have policy and hiring authority within the business. D. If there are multiple eligible providers serving the local area by administering adult education and literacy activities under Title II, or multiple institutions of higher education providing workforce investment activities, the representative of Title II and the representative of an institution of higher education shall be appointed from among individuals nominated by local providers representing those providers or institutions. E. A multiple entity representative may be appointed if the individual meets ALL the criteria for representation. Composition of the Board Section 2 The membership of the Board shall be made in accordance with the WIOA Section 107 as follows: Representatives of Business A) The majority of the members of the Board shall be representatives of business in the local area. At minimum, two members must represent small business as defined by the U. S. Small Business Administration. Business representatives serving on the Board may also serve on the State Board. Business representatives shall meet the following criteria: 1. be an owner, chief executive officer, operating officer, or other individual with optimum policymaking or hiring authority; 2. have employees, and provide employment opportunities in in -demand industry sectors or occupations, as those terms are defined by WIOA section 3(23); and provide high-quality, work -relevant training and development opportunities to its workforce or workforce of others (in the case of organizations representing business as per WIOA § 107(b)( 2)(A)(ii); and 3. are appointed from among individuals nominated by local business organizations and business trade associations; other than their employers. Representative of Workforce B) Not less than 20 percent of the members the Board shall be workforce representatives. These representatives: 1. shall include two or more representatives of labor organizations, where such organizations exist in the local area. Where labor organizations do not exist, representatives must be selected from other employee representatives; 2. one or more representatives of a joint labor-management, or union affiliated, registered apprenticeship program within the area who must be a training director or a member of a labor 4 organization. If no union affiliated registered apprenticeship programs exist in the area, a representative of a registered apprenticeship program with no union affiliation must be appointed, if one exists; and 3. may include one or more representatives of community- based organizations that have demonstrated experience and expertise in addressing the employment, training or education needs of individuals with barriers to employment, including organizations that serve veterans or provide or support competitive integrated employment for individuals with disabilities; and 4. may include one or more representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-af-school youth; Representatives of Education and Training C) The Balance of the Board membership shall include: 1. At least one eligible provider administering adult education and literacy activities under WIOA Title II; D) At least one representative from an institution of higher education providing workforce investment activities, including community colleges; and 2. At least one representatives from each of the following governmental and economic and community development entities: a. a representative of economic and community development entities; b. a representative from the State Employment Service Office under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) serving the local area; and c. a representative of the programs carried out under Title of the Rehabilitation Act of 1973 ( 29 U. S. C. 720 et seq.), other than Section 112 or Part C of that Title (29 U.S.C. 732, 741), serving the local area; I E) In addition to the representatives enumerated above, the Mayor may appoint other appropriate entities in the local area including: a. Entities administering education and training activities who represent local educational agencies or community- based organizations with demonstrated expertise in addressing the education or training needs with individuals with barriers to employment; b. Governmental and economic and community development entities who represent transportation, housing and public assistance; c. Philanthropic organizations serving the focal area; and d. Other appropriate individuals as determined by the Mayor. Terms Section 3 Initially, the terms of members are to be staggered: one-third of the members will be appointed for a term of one year, another third, to a term of two years, and the final third, to a term of three years. Thereafter, the term for each appointed member will be for a period of three (3) years. Conclusion of Membership Section 4 A. Membership on the Board shall cease in case of death, written resignation addressed to the Board Chairperson and the Mayor, disqualification, or term expiration. B. Should any member be unable to complete his or her term, the mayor shall appoint a person to complete the remainder of the unexpired term. C. A Board member whose employment status changes must notify the Board Chairperson. At the time, a review of the member's eligibility must be conducted. If the member is no longer eligible to serve, he or she may resign or he or she may serve until the end of the term, or the next board certification, whichever is earlier. D. The Mayor shall be notified when there is a Board vacancy to ensure a prompt appointment to fill the vacancy. 6 ARTICLE 1V — OFFICERS AND DUTIES Board Officers Section '1 A. The members of the Board shall elect a Chairperson from among the business representatives on the Board as outlined in Article III, Section 2(A). B. The members of the Board shall elect two ( 2) Vice Chairpersons from among the voting members of the Board. C. Election of Chairperson and Vice -Chairpersons shall be done on an annual basis at the first regular Board meeting of a calendar year, Board officers are eligible for election of additional terms. Chairperson Section 2 A. The Chairperson shall be the official representative and spokesperson of the Board. B. The Chairperson shall approve the HCWDB agenda, preside at all HCWDB regular and special meetings and when authorized by formal action of the HCWDB or the Executive Committee, shall sign all documents on behalf of the HCWDB. Vice -Chairpersons) Section 3 The Vice-Chairperson(s) shall assume all responsibilities of the Chairperson in his or her absence and represent the HCWDB at meetings at the request of the Chair. ARTICLE V —COMMITTEES Executive Committee Section 1 A. The Executive Committee shall be chaired by the HCWDB Chairperson. be composed of the Board Chairperson, Vice - Chairpersons, and the Chairpersons of the standing committees of the Board. B. The Officers of the Board will also be the Officers of the Executive Committee. C. The Executive Committee may make recommendations and act on behalf of the Board between business meetings, as approved by the Board. D. The Chairperson may call meetings of the Executive Committee as necessary. E. All transactions of the Executive Committee shall be reported in full at the next scheduled meeting of the Board. Standing Committees Section 2 A. All actions of the HCWDB committee shall be advisory to the full HCWDB. B. Standing committees may be established by the Board to provide information and assist the Board in carrying out responsibilities under WIOA. C. Standing committees must be chaired by a member of the Board, may include other members of the Board and must include other individuals appointed by the Board who are not members of the Board and who the Board determines have appropriate experience and expertise. D. Each standing committee must have at least three (3) members E. The HCWDB and Committee Chairperson may appoint individual to committees that are HCWDB non-voting members ARTICLE VI —MEETING. QUORUM AND CONFLICT OF INTEREST Regular Meetings Section 1 The Board shall meet at least four (4) times each calendar year at sites accessible to the public. Notice of Meetings Section 2 A. The Chairperson, or his or her designee, is responsible for sending a notice of each meeting, accompanied by an agenda, to each Board member giving adequate time for preparation for the meeting. Section 3 Section 4 Section 5 Section 6 B. The Chairperson, or his or her designee, is responsible for filing a notice of each meeting with the Office of the County Clerk for public inspection at least six (6) calendar days prior to the meeting. C. The Chairperson, or his or her designee, shall maintain a list of names and addresses of persons who request notification of meetings and shall send a copy of the notice to such persons no later than the day the agenda is filed. Special Meetings The Chairperson may call meetings of the Board whenever meetings are deemed necessary. Attendance at Meetings Board members are expected to attend a majority of meetings of the Board and if unable to do so are recommended to tender their resignation. quorum A. A quorum shall consist of a majority of the voting members of the Board. To be valid, any action of the Local Board must receive the approval of a majority of the members at the meeting. B. All required members of the Board must have voting privileges. The Mayor may convey voting privileges to non -required members. C. if a Board member is unable to attend a meeting that member may designate a proxy/alternative designee as per the following requirements: i. If the alternative designee is a business representative, he or she must have optimum policymaking hiring authority. ii. Other alternative designees must have demonstrated experience and expertise and optimum policy making authority. Use of Technology Pursuant to Section 92-3.5 of the Hawaii Revised Statues, a meeting may be held by videoconferencing; provided that the videoconferencing system used shall allow both audio and visual interaction between all members of the Local Board participating in the meeting and the public attending the meeting, at any videoconferencing location. The notice required by Section 92-7 of the 9 Section 7 Section 1 Section 1 Section 1 Hawal' i Revised Statutes shall specify all locations at which Local Board Members will be physically present during the videoconferencing meeting and the public will be allowed to attend the meeting at any such site. Any member participating in a videoconferencing meeting shall be considered present at the meeting for the purposes of determining compliance with the quorum and voting requirements of the Local Board. A meeting held by videoconference shall be terminated if both audio and visual communication cannot be maintained at all locations where the meeting is being held, even if a quorum of the Local Board is physically present in one location. Conflict of Interest As outlined in WIOA Section 107(h), a Board member or a member of a standing committee may not vote on a matter under consideration by the Board or standing committee regarding the provision of services by such member (or an entity that such member represents) or that would provide direct financial benefit to such member of the immediate family of such member. ARTICLE Vll —EXPENSES AND COMPENSATION Expenses Any authorized expenses incurred by the Board members and staff shall be compensated according to guidelines set by current Federal, State and County statutes and regulations. ARTICLE Vlll —BOARD CERTIFICATION The Board must be certified every two ( 2) years. By July 1 of each odd - numbered year, the Mayor and the Board Chairperson shall submit a Local Workforce Development Board Membership Certification Request. ARTICLE IX —CONFLICT RESOLUTION It is the intent of the HCWDB to resolve conflicts by consensus. In instances where consensus cannot be reached at the lowest level, and the functioning of the HCWDB or One-stop system is impaired, those HCWDB Members or service delivery partners, who are parties to the dispute shall submit to the following Dispute Resolution ( complaint) Procedures, if state and/or federal laws and regulations allow: 10 A. If the HCWDB Members or service delivery partners are unable to resolve a dispute to the satisfaction of the parties to the dispute, the complaint shall be submitted in writing to the the HCWDB Executive Committee within 15 days of the dispute. B. The Executive Committee shall evaluate the merits of the dispute and may attempt to resolve the dispute through mediation; however, in all cases, the Executive Committee shall prepare a response to the complaint within 30 days. C. If the Executive Committee is unable to resolve a dispute to the satisfaction of the parties to the dispute, the complaint shall be submitted to the CEO, which will respond with a decision within 45 days. The CEO decision shall be final and binding on all parties to the dispute. ARTICLE X —INDEMNIFICATION Section 1 HCWDB members shall be held harmless and indemnified from liability incurred due to their volunteer Board membership to the extent allowed by law, and to the extent that such indemnification is available form an active Director's and Officers' insurance policy. Grant funds may not be used for indemnification unless it is an allowable use for the funds under the terms of the grant. ARTICLE XI ADOPTION AND AMENDMENTS Section 1 Adopted These Bylaws are hereby adopted on this 5th Day of November, 2020 and shall become effective November 06, 2020. These bylaws will remain in effect until such time as a modification or termination is voted on by a two- thirds vote of the quorum HCWDB members. Section 2 Amendments The by-laws of the Board may be amended in part or in whole at any regular or special meeting by a two-thirds vote of the quorum present at the meeting, provided at least ten ( 10) calendar days' written notice is 11 given to each Board voting member. No by-law restricting the power of the Mayor to freely appoint or remove a member of the Board, or to otherwise exercise the authority granted to him by the Act, shall be effective unless consented to by the Mayor. Any such by-law shall remain in effect only so long as the Mayor continues to so consent. ARTICLE XII COMPLIANCE WITH THE LAW Section 9 In execution of its business, the HCWDB must comply with the Workforce Innovation and Opportunity Act and regulations as well as policies and directives from the Workforce Development Council. HCWDB Chairperson Date WDC Bulletin No. 04. 15 change 1 20 CFR 679. 350 12