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HomeMy WebLinkAbout65A - ADOPT WDB BY-LAWSa - CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: ADOPT BY -LAWS FOR THE WORKFORCE DEVELOPMENT BOARD (STRATEGIC PLAN NO. 2,4A) CITE Y MAKAGER CLERK OF COUNCIL USE ONLY: F00:• O" ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2ne Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUER TO FILE NUMBER Adopt the bylaws for the Santa Ana Workforce Development Board. WORKFORCE DEVELOPMENT BOARD RECOMMENDATION At its Special meeting on October 27, 2016, by a vote of 13:0 (Elliot, Knitter, Lewis, McGowan, Perez, Pwinica, Rose, and Wadhera absent) the board recommended that City Council adopt the bylaws for the Santa Ana Workforce Development Board. DISCUSSION Adoption of the Santa Ana Workforce Development Board bylaws will meet requirements established by the recent passage of the Workforce Innovation and Opportunity Act 2014 (WIOA), which superseded the Workforce Investment Act of 1998 (WIA). The passage of WIOA requires changes to board membership, refers to workforce boards as development boards with an expanded role in local regions and provides guidance regarding committee structure. At the May 25, 2016 meeting of the newly created Workforce Development Board (WDB) an ad hoc committee was formed. WDB members Lee McMurtray, Stacey Sanchez, and Bob Tucker volunteered to review the previous bylaws under WIA and oversee the development of new board bylaws that is compliant under WIOA. Specific changes made from previous bylaws were as follows: • Changing the Federal law that is responsible for designating local boards from the Workforce Investment Act (WIA) of 1998 to Workforce Innovation and Opportunity Act (WIOA) of 2014; • Changing the name of the local board from Santa Ana Workforce Investment Board (WIB) to Santa Ana Workforce Development Board (WDB); 65A -1 Adopt by laws for the Workforce Development Board Page 2 • Reducing the number of required members of the local board from 35 to 25 members and revising the representation categories as outlined in the law; • Reducing the committees from five to four and renaming the board committees STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #2 - Youth, Education, Recreation, Objective #4 (Partner with groups and organization to promote education, senior services, job training and development for all Santa Ana residents), Strategy A (Partner with The California Endowment, Santa Ana College, Chapman University, UCI, CSUF and other institutions of higher education to design career pathway programs that support priority workforce industries [Retail, healthcare, manufacturing, renewable energies] that results in faster reemployment of Santa Ana's residents). FISCAL IMPACT There is no fiscal impact associated with this action. DS /If Exhibit: 1. Bylaws 65A -2 BYLAWS SANTA ANA WORKFORCE DEVELOPMENT BOARD Article I. Creation of the Workforce Development Board The Governor of the State of California, pursuant to the Workforce Innovation and Opportunity Act of 2014, hereinafter called the ACT or WIOA, Public Law H.R. 803, has designated the City of Santa Ana as a local Workforce Development Area for the operation of comprehensive workforce development system activities, and provides funding thereto. The federal and state rules and regulations promulgated pursuant to the Act require the establishment by the chief elected official, and certification by the Governor, of a local Workforce Development Board, to set polity for that portion of the statewide workforce development system within the local workforce development area, the City of Santa Ana. Having been duly established by Resolution No. 2016 -031 and certified by the Governor, the Santa Ana Workforce Development Board, hereinafter known as the WDB, does hereby establish and ordain these Bylaws, for the purpose of providing operational authority for the WDB. Article I. Purpose Section I. The functions of the WDB shall be performed in partnership with the Santa Ana Mayor and City Council for providing planning and oversight for the comprehensive workforce development programs throughout the local Workforce Development Area. The WDB shall promote and lead efforts to engage a diverse range of employers and entities in the area to support utilization of the local workforce system and to ensure that the workforce activities meet the needs of employers and employees that will support economic growth in the area in accordance with the Act, Section 107(d)(4). Section 2. The purpose of the WDB shall also be to oversee a local cooperative relationship with the City that will most effectively satisfy the labor demand needs of the business community and enhance the economic well -being of individuals in need of workforce services. Article III. Functions of the WDB Section I. The WDB, in partnership with the City, shall provide policy guidance for and exercise oversight with respect to activities contained in the local Workforce Development Plan and work cooperatively with the Workforce Region in the development and implementation of the Regional Workforce plan. EXHIBIT 1 65A -3 Article IV. Page 2 of 8 Section 2. The WDB shall approve, and refer to the Santa Ana City Council for concurrent approval, an effective local and regional Workforce Plan that will provide a coordinated mix of services that best meet the workforce needs of the local labor market. The WDB and the City shall jointly submit the Local and Regional Plan to the Governor of the State of California. Section 3. The WDB shall establish performance criteria and provide oversight of the activities conducted to ensure their efficient and effective operation. Section 4. The WDB will direct activities designed to actively solicit public and private support for, and participation in, WIOA programs. Section 5. The WDB shall perform other functions and duties as required by WIOA or the State of California in implementing legislation and /or Executive Orders and shall act in accordance with the Act. WDB Membership Section I. The WDB members shall be nominated by representing organizations from their respective categories and appointed by the Santa Ana City Council. Section 2. The WDB shall have up to twenty -five (25) members, with members in the various categories as required by law, as amended from time to time (WIOA Section 107 (b)(2)(A)). Additional members representing the business community may be added to the Board at the discretion of the WDB and approval by City Council. A majority of the members shall be representatives of business who are owners of businesses, chief executives or operating officers of businesses or other business executives or employees with optimum policy making or hiring authority. At a minimum, the membership shall include thirteen (13) business representatives and twelve (12) at large representatives from the following groups: Adult Education & Literacy WIOA Title II (1 member) Institution of higher education (1 member) Organized Labor (4 =16 %) (4 members) Community -Based Organizations (1 member) Title I Rehabilitation Act (1 member) Wagner - Peyser Act (1 member) County Welfare Agency /Cal Works (1 member) Local Education Agency /School Board (1 member) Economic & Community Development (1 member) Section 3. The constituent membership of the WDB may be changed through additional appointments by the Santa Ana City Council if ratified by 65A -4 Article V Page 3 of 8 a 2/3 vote of the WDB. Section 4. Membership shall be for four (4) years with the exception that original membership shall be staggered with one -third of the members serving for two, three or four year terms. The length of term shall be determined by lot. Section 5. Appointment to unexpired terms shall be made by the Santa Ana City Council and the successor shall serve out the remainder of the term of the original appointment. Section 6. An excused absence shall be recorded in the WDB minutes when a WDB member or his designee notifies the WDB secretary at least 24 hours in advance of the scheduled WDB meeting. Section 7. If a member absents himself from two (2) regular meetings, consecutively, unless by permission of such board expressed in its official minutes or fails to attend at least one -half (1/2) of the regular meetings of such board or commission within a calendar year or is convicted of a crime involving moral turpitude, the office may become vacant and may be declared by the city council. Also see Article IX for Removal of Members. WDB Officers Section I. The WDB shall have a Chairperson, a Vice - Chairperson and a Secretary- Treasurer. The Chairperson and Vice - Chairperson shall be elected annually for a one -year term, said term to be on a fiscal year basis. The WDB shall conduct an election for, and select persons for said positions during the last quarter (April, May, June) of each fiscal year. These positions shall be filled by membership among the representatives of business and industry. The Vice - Chairperson shall act on behalf of the Chairperson during the Chairperson's absence. In the event a WDB officer resigns from the Board during their term of office, the full Board, at its next regularly scheduled meeting shall elect a qualified WDB member to serve the remaining term of the office. The Administrator of the Workforce Development System shall serve as Secretary- Treasurer of the WDB. The Secretary- Treasurer shall have the authority to sign all documents previously approved by the WDB on behalf of the WDB. The Secretary- Treasurer shall not be a member of the WDB and shall have no voting privileges on the WDB. Section 2. The Chairperson shall appoint all standing committee chairpersons, subject to ratification by the WDB or the Chairperson may be elected by the committee. The Chairperson, in concert with the Executive Committee, shall appoint all members to standing committees. Section 3. The Chairperson shall set the agenda for WDB meetings, preside at all meetings of the WDB and in general perform all duties 65A -5 incident to the office as directed by the WDB. In the absence of both the Chairperson and Vice - Chairperson, the Secretary- Treasurer or designee shall open the meeting and call for nominations of a Chairperson for that specific meeting. Article VI. Executive Committee Page 4 of 8 Section I. There shall be an Executive Committee comprised of the Chairperson; Vice - Chairperson, the immediate past- Chairperson, if a current WDB member; and the Chairpersons and Vice - Chairpersons of both the standing and ad hoc committees as specified in Article VII. The Secretary/ Treasurer shall serve as an ex- officio, non - voting member of the Executive Committee. Section 2. The Chairperson of the WDB shall serve as the Chairperson of the Executive Committee. Section 3. The Executive Committee shall meet as deemed necessary by the Chairperson and the WDB. Section 4. The purpose of the Executive Committee shall be to: a) Provide recommendations regarding regular agenda items of the WDB as deemed necessary by the Executive Committee or WDB; b) consult with WDB support staff; c) formulate policy recommendations concerning all aspects of the Board's responsibilities and the Workforce Development System's operation for consideration and action by the WDB; maintain the Bylaws and develop /submit necessary modifications of the Bylaws to the WDB for approval; and, d) complete activities contained in the WDB local Plan and act as a clearinghouse for all of the committees of the WDB by reviewing and making recommendations on all items to be presented to the full WDB; develop a communication plan to provide continuous communication with local, state and federal elected officials and the press to promote successes and encourage WDB members to communicate regularly with local elected officials. Section 5. Whenever appropriate, due to time constraints or other factors, the Executive Committee shall have decision - making authority on behalf of the WDB. Such actions taken by the Executive Committee shall be ratified by the WDB at its next regularly scheduled meeting. Such actions shall be noticed to all WDB members within seven (7) working days. In the event a WDB member takes exception to said action of the Executive Committee, the Chairperson shall convene a special meeting of the WDB to resolve the 65A -6 issue. Article VII. Standing Committees of the WDB Page 5 of 8 Section I. The standing committees of the WDB are: the Youth Council Committee, the Business Resources Committee and the Program Oversight and Performance Committee. The Chair shall appoint the chair of each standing committee from amongst members of the WDB in good standing. The chair of each standing committee shall, with the concurrence of the WDB Chair, appoint the members of each standing committee. Every member of the WDB is encouraged to participate as a member of at least one standing committee. WDB members may volunteer for committee participation or are assigned by the WDB Chair. Non -WDB members may actively participate on standing committees per WIOA Section 107(b)(4) at the invitation of the WDB Chair or Committee Chair, including voting privileges at the committee level, but shall have no voting privileges on the WDB Section 2. Standing committees shall meet as established by the committee or as deemed necessary by the Committee Chairperson to conduct the business of the committee Section 3. The Chairperson of each standing committee shall be a member of the WDB, and be elected by the members of the individual committee. The Executive Committee shall oversee seating of all members of standing committees toward a goal of a mix of public and private members and avoidance of a real or perceived conflict of interest. Section 4. The Committee Chairperson shall select a Vice - Chairperson from among the WDB members assigned to the committee. The Committee Chairperson and Vice - Chairperson shall each be members of the Executive Committee. The Vice - Chairperson shall chair the committee, and perform other duties as necessary, in the absence of the Chairperson. Section 5. Every member of the WDB is encouraged to actively participate as a member of at least one (1) standing committee. WDB members may select committee participation, or are assigned by the Executive Committee. Non -WDB members may actively participate on standing committees at the invitation of the Committee Chairperson, including voting privileges at committee level, but shall have no voting privileges on WDB. Section 6. Other ad -hoc committees may be created by the WDB Chairperson for such particular purposes as may be deemed necessary or desirable to enhance or assist the WDB in carrying out its functions and furthering the purposes of WDB. 65A -7 Article VIII. Meetinq Procedures a. The WDB shall hold at least four regular meetings each fiscal year. The dates upon which and the hour and place at which any regular meeting shall be held and set annually and a copy of the yearly meeting schedule shall be filed with the City. b. All meetings of the WDB including without limitation, regular, adjourned regular, and special meetings shall be called, noticed, held and conducted in accordance with the Ralph M. Brown Act, Chapter 9, Division 3, Title 5 of the California Government Code commencing with Section 54950 C. Chairperson of the WDB shall cause to be kept minutes of the regular, adjourned regular and special meetings excepting closed sessions and once minutes are approved cause a copy of the minutes to be posted on the website and made available to any interested party making a special request therefore. d. The majority of the WDB members (13 of 25 seats) shall constitute a quorum for the transaction of business. e. Special meetings of the WDB may be called by the Chairperson or by the signed petition of one -third of the members of the WDB. f. The WDB will conduct its meetings according to Robert's Rules of Order, except where Robert's Rules of Order conflict with these Bylaws, in which case these Bylaws shall apply. Section 2. Voting Privileges a. Each member shall be entitled to cast one vote. b. The presiding Chairperson shall cast a vote only if it is required to resolve a tied vote. C. No member of the WDB or voting member of a WDB committee appointed by the Board shall cast a vote on any matter in which it has direct bearing on services to be provided by that member or any organization, which such member represents or that would provide direct financial benefit to such member or the immediate family of such member. d. WDB members and voting members of a WDB committee appointed by the Board shall comply with all requirements of State and Federal Law representing conflict of interest and financial disclosure, as applicable and as specified in the State Plan. Article IX. Removal of Members Page 6 of 8 65A -8 WDB members may be removed by the City Council for cause upon the initiative of the City Council or upon consideration of removal recommendations from the WDB: a. For the member's violation of the Conflict of Interest Code or conviction of a crime involving moral turpitude, or failure to complete or declare applicable financial disclosure. b. When the member ceases to be representative of the category for which appointment was made. C. For the member's failure to meet attendance requirements (Article IV., Sec. 7). d. For the member's refusal to report to or consult with the member's appointing authority. Article X. Reimbursement WDB members shall be reimbursed for their necessary and actual expenses incurred in the performance of their duties connected with the activities or responsibilities under the Act, State of California implementing legislation and /or Executive Orders in accordance with the approved travel and expense policy of the City of Santa Ana. Article XI. WDB Bylaw Adoption and Amendments to Bylaws According to Robert's Rules of Order, the Bylaws may be amended as follows: a) Previous notice, then a 2/3 vote of approval by those present and voting at the meeting; "Previous notice" means that notice of the proposal to be brought up, at least briefly describing its substance, must be announced at the preceding meeting or must be included in the agenda that is distributed to all members of the organization a reasonable time in advance of the meeting. Article XI I. Severability Page 7 of 8 Should any part, term, portion or provision of these Bylaws be decided to be in conflict with any law or otherwise unenforceable or ineffectual, the remaining parts, terms, portions or provisions shall be deemed severable and their validity shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the 65A -9 provisions that the members intended to enact in the first instance. Article XIII. General Provision Nothing in these Bylaws shall be construed to take precedence over Federal, State or local laws, or regulations, or to constrain the rights, or obligations of the City. WDB Adopted xx /xx/xxxx City Council Approved xx /xx /xxx Page 8 of 8 65A -10