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HomeMy WebLinkAbout20162141.tiffRESOLUTION RE: APPROVE BYLAWS FOR WORKFORCE DEVELOPMENT BOARD AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the newly drafted bylaws of the Workforce Development Board have been presented to the Board of Weld County Commissioners for approval, and WHEREAS, the Board of Commissioners of Weld County deems it advisable to adopt said Workforce Development Board bylaws, and WHEREAS, the bylaws call for a designation of administrative support, and WHEREAS, after review, the Board deems it advisable to designate the Department of Human Services to serve in this capacity. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the bylaws for the said board, be, and hereby are, adopted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said bylaws. BE IT FURTHER RESOLVED by the Board of County Commissioners of We►d County, Colorado, that the Department of Human Services be designated to provide administrative support to said Board. c HSO CCm / 1'C,) c •- / O I Co 2016-2141 HR0001 APPROVE BYLAWS FOR THE WORKFORCE DEVELOPMENT BOARD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of July, A.D., 2016, nunc pro tunc July 1, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ,‘,k. Weld County Clerk to the Board BY: Cu eputy Clerk to the Board APP' . R D AS Attorney Date of signature: 7<�o©� Mike Freeman, Chair Sean P. Conway, Pro-Tem EXCUSED Julie A. Cozad rbara Kirkmeyer Steve Moreno 2016-2141 HR0087 C'o„tud- lb v‘o MEMORANDUM DATE: June 9, 2016 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Weld County Department of Human Services' Employment Services Workforce Development Board (WDB) Bylaws Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval for the Departments' Employment Services Workforce Development Board (WDB) Bylaws. The Weld County Workforce Development Board is a development board of community and business representatives who have expertise in developing and implementing system and program strategic planning. The mission is to keep the workforce system responsive to employers, employees and job seekers. With the implementation of the Workforce Innovation and Opportunity Act of 2014 (W IOA), the attached bylaws have been updated to address the following areas: purpose; membership, appointments, vacancy; board functions and responsibilities; officers and meetings; amendment of bylaws. Karin McDougal, Assistant County Attorney, has reviewed and approved the bylaws to move forward. I do not recommend a Work Session. I recommend approval of the Bylaws. Approve Request BOCC Agenda Work Session Sean Conway Steve Moreno Barbara Kirkmeyer Mike Freeman Julie Cozad 2016-2141 Pass -Around Memorandum; June 9, 2016 (1D# 460) Page 1 /v 1/6° WELD COUNTY WORKFORCE DEVELOPMENT BOARD BYLAWS ARTICLE 1— NAME The name of this Weld County Government Advisory Board shall be the "Weld County Workforce Development Board." ARTICLE II — PURPOSE The Weld County Workforce Development Board, hereinafter referred to as WCWDB, is a workforce development board of community and business representatives who have expertise in developing and implementing system and program strategic planning. The mission is to keep the workforce system responsive to employers, employees and job seekers. The WCWDB envisions a workforce development system which is: understandable to its customers and easy to use; administered locally; focused on outcomes and performance; supportive to individuals' growth to become productive employees and to develop skills to progress their level of performance; and one that is flexible and pro -active in changing resources to meet customer need. The WCWDB is focused on: planning to achieve long range goals through the overall direction of workforce development in Weld County; resolving issues, problems, or conflicts which obstruct progress toward a quality workforce; resource mobilization (people, financial and communication) to achieve short and long range initiatives; and celebrating success and progress. ARTICLE III — MEMBERSHIP, APPOINTMENTS, VACANCY Section 1— Number: The WCWDB may consist of up to twenty-three (23) voting members as determined by the Board of Commissioners of Weld County. The Board will be comprised of Representatives of Education, Training, Governmental, Economic and Community Development Entities; Representatives of Workforce and at least 51% Weld County Business representatives to meet the membership requirements under the Workforce Innovation and Opportunity Act. Section 2 — Appointment and Membership Requirements: The membership of the WCWDB shall be appointed by the Board of County Commissioners of Weld County, with the main goal being that a majority of the quorum required to conduct business must consist of business representatives, subject to the following requirements: a. Representatives of the business sector shall constitute a majority of at least 51% of the membership of the WCWDB, reflecting industry and business, including agricultural business. Representatives may be recommended and appointed from among individuals nominated by local business organizations and business trade associations. Two (2) or more members will represent small business. b. Representatives of workforce will represent no less than 20% of the WCWDB. The WCWDB will include: • three (3) or more labor organization representatives, one of whom has a registered apprenticeship program; The WCWDB may include the following categories as part of the 20% workforce representation: o one (1) or more community based organizations with experience serving those with barriers to employment including veterans and those individuals with disabilities o one (1) or more organizations with experience serving youth c. Public sector membership representation will include: • WIOA Title II • Economic Development 1IPage Reeked 05/2016 7 o/G- 02/4/ • Post -Secondary Education (Carl Perkins) • Rehabilitation Act of 1973 • Wagner Peyser Act, Trade Act of 1974, and Veteran Program Public sector membership representation may include: • Public assistance* • Older Americans Act • Community Service Block Grant • Philanthropic organizations serving Weld County • Other individuals as determined by the Board of County Commissioners *Public assistance may be a Weld County Commissioner representing Temporary Assistance to Needy Families (TANF) and Employment First —Food Stamp Program d. Membership shall be as geographically representative of Weld County, as possible. e. All appointments to memberships shall comply with the requirements stated in the Workforce Innovation and Opportunity Act (WIOA) of 2014. Nominations for WCWDB membership may be reviewed by the WCWDB with recommendations for appointment forwarded to the Board of Commissioners of Weld County who will formally interview and appoint members to the WCWDB. f. Terms of memberships shall be (3) years. No person shall serve more than two (2) consecutive three (3) year terms. The normal term of membership shall be three (3) years. Term limitations will be staggered to ensure only a portion of membership expire in a given year. Section 3 — Attendance Requirements; Vacancy: All WCWDB members are required to attend WCWDB meetings regularly. Any WCWDB member who misses three (3) consecutive WCWDB meetings or a total of four (4) regular WCWDB meetings during a one (1) year calendar period, is subject to dismissal from membership by the Board of County Commissioners. In the event of a vacancy of a member position, notice of the vacancy shall be published the County Newspaper website, and applications accepted from interested Weld County residents. The vacancy shall be filled by the Board of County Commissioners pursuant to the requirements set forth in these Bylaws. The WCWDB will recommend qualified individuals to the Board of County Commissioners for appointment. Section 4 — Conflict of Interest: No member of the WCWDB may cast a vote on any matter which would involve a conflict of interest or have the appearance of a conflict of interest. A conflict of interest or appearance of a conflict of interest could be inferred if a member was to vote or participate in any decision by the WCWDB regarding a provision of services provided by such member, or any organization or business which that member directly represents, or on any matter which would provide direct financial benefit to that member or a business that member directly represents. "Conflict of interest" shall be defined as stated in the Colorado Code of Ethics, CRS §§24-18-101, ET. SEQ or Section 16-9 of the Weld County Home Rule Charter. Additionally, "Business conflict of interest" is defined as any ownership of the business, receiving any gross income during the previous or current year from the business, ownership in real property relating to the business valued at $10,000 or more. "Organization conflict of interest" is defined as being an organization's: employee; member of the board of directors (or other governing body); a creditor in excess of $10,000; or an equity owner. ARTICLE IV — BOARD FUNCTIONS AND RESPONSIBILITIES It shall be the responsibility of the WCWDB to provide program oversight and policy guidance to all federal and state funded workforce development programs under its jurisdiction established by law or under the discretion of the Board of Commissioners of Weld County, as well as to plan, oversee and coordinate the implementation of programs and services of the Division of Humans Services' Employment Services of Weld County. Employment Services of Weld County (ESWC) is considered to be Wage Revised 05/2016 a "Workforce Center" due to the integration of several federal and state funded programs under a single delivery system. More specifically, the responsibilities of the WCWDB shall include: A. Develop Local Plan — In partnership with the Weld County Commissioners, develop comprehensive four (4) year local and regional plans to implement the Workforce Innovation and Opportunity Act (WIOA). B. Conduct workforce research and regional labor market analysis to identify the economic conditions, the knowledge and skills needed for employment in the region, and an analysis of the available workforce to assist in the development of the regional/local area plan. C. Convene, broker, and leverage with local workforce development system partners and stakeholders to assist in developing the local plan and in identifying non-federal expertise and resources to leverage support for workforce development activities. D. Lead efforts to engage with a diverse range of employers and entities in the region to promote business representation; to develop effective linkages with employers to support utilization of the workforce system; to ensure that workforce investment activities meet the needs of employers and support economic growth in the region; and to implement proven or promising strategies for meeting the employment and skill needs of workers and of employers (such as establishment of industry/sector partnerships). E. In partnership with the Weld County Commissioners, provide oversight of programs to include ensuring appropriate use and management of program funds for activities and maximize performance outcomes, and develop Memorandum of Understanding (MOU's) with required one -stop partners. F. In partnership with the Weld County Commissioners and the Governor, negotiate local performance accountability measures as described by WIOA. G. Designate and/or Certify the one -stop operators through utilization of the Weld County Procurement Process. The competitive process will be completed by July 1, 2017 and the WDB will recertify every three years baring any major changes. H. Identify eligible providers of training services in the local area. I. Conduct oversight for local youth workforce investment activities, including identifying eligible providers of youth program elements in the local area by awarding grants or contracts on a competitive basis utilizing the Weld County Procurement Process. J. Develop a budget (with the grant recipient) for the activities in the local area, consistent with the local plan and duties of the local board. K. Work with representatives of secondary and post -secondary education programs, in the local area to develop and implement career pathways within the area. L. Lead efforts in the local area to identify, promote, and disseminate proven and promising strategies and initiatives to meet the needs of employers and workers with disabilities. M. Develop strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, workers, and jobseekers. N. Coordinate activities with education and training providers in the local area, including workforce, adult education and literacy, career and technical education, and Vocational Rehabilitation activities. Specifically, this includes reviewing applications to provide adult and literacy activities under Title II for the local area to determine whether applications are consistent with the local plan, and implementing cooperative agreements and/or Memorandums of Understanding with Vocational Rehabilitation agencies to enhance provision of services to individuals with disabilities. O. Annually assess the physical and programmatic accessibility of all of the one -stop centers in the local area in accordance with section 188 of WIOA for individuals with disabilities. Wage Revised 05/2016 ARTICLE V — OFFICERS AND MEETINGS Section 1 - Election of Chair: The WCWDB shall elect from its members a Chair, who shall be representative of business and industry; however, may not elect a sole proprietor as the Chair. The Chair shall serve a one (1) year term beginning in January. Section 2 — Election of Vice -Chair: The Vice -Chair shall be elected from the WCWDB Membership. The Vice Chair shall preside and perform the duties of the Chair in the Chair's absence, and shall perform all duties that may be assigned by the Chair. Section 3 — Meetings: Regular meetings shall be monthly or as determined by the WCWDB, unless there is no business to transact. The Chair shall preside at all meetings of the WCWDB and may call special meetings when needed. Notice to the members of special meetings shall be provided at least 48 hours before the meeting. Special meetings may also be called by one-third (1/3) of the WCWDB membership. The time and place of the WCWDB meetings shall be open and accessible to the general public in accordance with the Colorado Open Meeting Law, CRS §§ 24-6-401 et seq. Further, the meetings shall be made available via phone conferencing and/or Web based meetings, when possible. The WCWDB shall make available to the public through electronic means and open meetings information regarding the: • WC Local Plan • WDB Membership • Selection and certification of one stop operators • Awards of grants/contracts to eligible providers of youth workforce development activities • Minutes of formal meetings of the WCWDB. Section 4 — Quorum: A meeting shall be deemed formed when more than half (1/2) of the constituted voting membership is present and the majority are representative of private business. Section 5 — Voting: A majority vote of the members of quorum shall be considered a favorable vote upon all motions or resolutions considered by the WCWDB. All required Board members have voting privilege. The Board of County Commissioners may convey voting privileges to non -required members. Additionally, members may assign a designee through use of a written proxy when unable to attend meetings. Section 6 — Executive Committee: An Executive Committee shall be comprised of the Chair and Committee Chairs. Committee chairs shall be appointed from the private sector business members. The Chair can appoint any other members from the general membership to serve on the Executive Committee. The Executive Committee shall have the authority to act on matters between regular WCWDB meetings, but only on those items which cannot wait for full board meeting and those actions must be ratified at the subsequent general WCWDB meeting. Section 7 — Committees, Task Forces, and Technical Advisory Teams: The WCWDB may appoint committees, any additional task forces, and technical advisory teams, as deemed necessary. The committees shall be: • Chaired by a member of the WCWDB; • May include other members of the WCWDB; and • May include additional community members and/or individuals who provide experience and expertise in affiliated subject area. The WCWDB has three standing committees: • Employment Program Development Committee • Awareness Committee • Youth Council 41 O Revised 05/2016 Section 8 — Robert's Rules of Order: Robert's Rules of Orders as Revised shall govern the conduct of the WCWDB meetings. ARTICLE VI —AMENDMENT OF BYLAWS These Bylaws may be amended subject to approval of the Board of Commissioners of Weld County at a regular or special meeting of the WCWDB, provided that any proposed amendment to the Bylaws has been reviewed by the WCWDB members at a previous meeting. Amendment of the Bylaws shall require an affirmative vote of 50% plus one (1) of the presently constituted WCWDB voting membership. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. WELD COUNTY WORKFORCE DEVELOPMENT BOARD Mary Fr tag, Chair ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to i he Board ike Freeman, Chair BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 5IPage JUL 0 6 2016 Revised 05/2016 ���l(,2) Hello