Bylaws Of The Pacific Gateway Workforce Investment Board
These bylaws are adopted as of April 4, 2008, by the Pacific Gateway Workforce Investment Board, a statutorily created body under the federal Workforce Investment Act (WIA) of 1998 [Public Law 105-220] and the Workforce Training Act [SB 293].
The State of California has designated the cities of Long Beach, Signal Hill, Lomita, and Torrance as a local workforce area ("Pacific Gateway Workforce Investment Network") with all attendant rights and responsibilities.
The Mayor of the City of Long Beach, as the Local Chief Elected Official (CEO) in the local workforce area, serves as the local grant recipient for, and is liable for any misuse of, the grant funds allocated to the local workforce area under Sections 128 and 133 [WIA 117(d)(3)(B)(i)(I)].
A local workforce investment board shall be established in each local workforce area of the state to plan and oversee the workforce investment system and assist the CEO in planning, oversight, and evaluation of local workforce investment [California Unemployment Insurance (UI) Code Sections 14200-14201]. The local board shall promote effective outcomes consistent with statewide goals, objectives, and negotiated local performance standards to set policy for the portion of the statewide workforce investment system within the local workforce area [WIA 117].
Further, in partnership with the CEO, the local workforce investment board shall conduct oversight with respect to local programs of youth activities authorized under Section 129, local employment and training activities authorized under Section 134, and the one-stop delivery system in the local workforce area [WIA 117(d)(4)].
Pursuant to the above and in accordance with the approved five-year plan submitted consistent with WIA Section 118(a), the Pacific Gateway Workforce Investment Board establishes the following bylaws:
Section 1 - Name
The legal name of this body shall be the Pacific Gateway Workforce Investment Board (WIB). The WIB may, at its discretion and with the concurrence of the CEO, do business under a working name.
Section 2 - Mission
The mission of the WIB shall be to create and implement a comprehensive and accountable Workforce Development System based on the needs of local and regional employers.
The mission shall be accomplished by such activities as:
- Creating and implementing a business service plan, which identifies business employment needs and matches education and training services to meet those needs.
- Creating and facilitating partnerships among business (large and small), government, organized labor, community-based organizations, rehabilitation agencies, economic development agencies, and others to effectively address the labor needs of business and enhance the well being of the community.
- Involving the business community in employment training, skill standards, employee development and other related activities.
- Creating job opportunities offering earnings, which lead to self-sufficiency for economically disadvantaged persons, persons with disabilities, mature workers, and other such groups requiring special targeting.
- Developing meaningful tracking and accountability systems.
- Seeking grants and other funding to fill gaps and ensure comprehensive and effective services.
Section 3 - Goals
- The WIB shall serve as the policy body for the local workforce development system. It shall serve as a forum for local business, organized labor, community based organizations, educational agencies, rehabilitation agencies, economic development agencies, employment service, and other agencies to make the system more responsive to local workforce development needs.
- The WIB shall develop mechanisms for consistently and accurately gathering information from the employer community on their workforce needs.
- The WIB shall identify skill and education deficits in local business and industry.
- The WIB shall ensure that education and job training address deficiencies identified by employers and ensure an adequate supply of sufficiently skilled and educated workers to address employer needs.
- The WIB shall provide assistance to businesses to achieve greater productivity and maximize employment opportunities leading to self-sufficiency for residents of the local workforce investment area.
- The WIB shall maximize public funding resources and seek private funding.
Section 4 - Duties
As specified in UI Code 14206, the WIB will be responsible to:
- Coordinate workforce investment activities in the local area with economic development strategies.
- Promote participation of private sector employers in the local workforce investment system.
- Develop and submit a local workforce investment plan to the Governor.
- Select one-stop operators, with the agreement of the CEO, annually review their operations, and terminate for cause the eligibility of such operators.
- Award grants or contracts to eligible providers of youth activities in the local area on a competitive basis, consistent with the recommendations of the Youth Council.
- Identify, consistent with the WIA, eligible providers of training services.
- Identify eligible providers of intensive services and, when the one-stop operator does not provide intensive services to the local area, award contracts to those providers.
- Develop local policy on the amount and duration of individual training accounts based upon the market rate for local training programs.
- Conduct program oversight over workforce investment activities in the local area.
- Negotiate with the CEO and the Governor on local performance measures for the local area.
- Assist in the development of a statewide employment statistics system, which shall be developed in conjunction with all and shall utilize to the fullest extent possible, the Employment Development Department's labor market information system.
Section 5 - General Obligations
As specified in UI Code 14207, the WIB will carry out the following functions:
- Prepare a budget for the purpose of carrying out the duties of the WIB as specified under this section, subject to the approval of the CEO.
- In cooperation with the CEO, appoint a Youth Council as a subgroup of the WIB.
- Direct the activities of the WIB Executive Director.
- As appropriate, the WIB may employ additional staff to carry out the activities as described in the local plan and solicit and accept contributions and grants funds from other sources.
- The WIB shall not provide training services unless the Governor grants a written waiver of this provision.
- The WIB shall not provide other workforce investment services or be designated as a one-stop operator without the agreement of the CEO and the Governor.
- The WIB shall perform any other duties, responsibilities, and functions deemed appropriate by the WIB, CEO, City Council, the City of Long Beach, WIA, State of California, or their respective acts, rules and regulations.
Section 6 - General Membership Requirements
- Pursuant to UI Code 14202 (et. seq.), the WIB shall include:
- Representatives of business in the local area appointed from among individuals nominated by local business organizations and business trade associations and that reflect employment opportunities of the local area. Business representatives shall be owners of businesses, chief executives, or chief operating officers of businesses or other business executives, including human resources executives, or employers with optimum policymaking or hiring authority.
- Representatives of local educational entities, including representatives of local educational agencies, local school boards, entities providing adult education and literacy activities, public and private postsecondary educational institutions, including representatives of community colleges, selected from among individuals nominated by regional or local educational agencies, institutions, or organizations representing local education.
- Representatives of labor organizations nominated by local labor federations, including a representative of an apprenticeship program. At least 15 percent of the WIB shall be representatives of labor organizations unless the local labor federation fails to nominate enough members. If this occurs, then at least 10 percent of the WIB shall be representatives of labor organizations.
- Representatives of local community-based organizations, including organizations representing individuals with disabilities and veterans, and organizations that serve populations with barriers to employment, such as the economically disadvantaged, youth, farmworkers, homeless, and immigrants.
- Representatives of economic development agencies, including private sector economic development entities.
- Representatives of each of the one-stop partners as specified in UI Code 14231.
- Members of the WIB that represent organizations, agencies, or other entities shall be individuals with optimum policymaking authority within those organizations, agencies, or entities.
- Members of the WIB may include other individuals or representatives of entities as the CEO may determine to be appropriate. A single member of the WIB may be appointed to represent multiple constituencies on the WIB.
- A majority of the members of the WIB shall be representatives of businesses in the local area [UI Code 14204].
- The Chair shall be elected from the local business sector members [UI Code 14205].
- Vacancies shall be filled in the same manner as the original appointment.
Section 7 - Specific Membership
- The WIB, through these bylaws, invokes its right to change the composition and number of members of the WIB with the concurrence of the CEO to conform to the requirements of WIA, the Workforce Training Act, state directive, and/or local need.
- The WIB acknowledges that the CEO retains the right to appoint to the WIB and has, in cooperation with the CEOs of Signal Hill, Lomita, and Torrance, configured the WIB.
- As specified in Resolution No. 07-0149 of the City Council of the City of Long Beach, the WIB shall consist of approximately forty-five (45) member slots as identified below, of whom 37 members shall be appointed by the Mayor of Long Beach, five (5) members shall be appointed by the Mayor of Torrance, two (2) members shall be appointed by the Mayor of Lomita, and one (1) member shall be appointed by the Mayor of Signal Hill, subject to confirmation by their respective City Councils (herein referred to as "Appointing Cities").
- Approximately twenty-three (23) members shall be representatives of businesses in the local area, including small businesses, as describe above. Individuals appointed will represent businesses as follows: Long Beach - thirteen (13) members; Torrance - five (5) members; Lomita - two (2) members; Signal Hill - one (1) member; area-wide industries - two (2) members. Business representatives from the cities of Lomita, Signal Hill and Torrance shall be appointed by their respective chief elected officials;
- Two (2) representatives of local educational entities;
- Approximately seven (7) representatives of labor;
- Two (2) representatives of community-based organizations from the local area;
- Two (2) representatives of economic development agencies, which may including a private sector economic development entity;
- One (1) representative of each of the following one-stop partner programs:
- State Job Service (Wagner Peyser), Trade Act Assistance (Trade Act of 1974), State Unemployment Compensation, and Veterans (Chapter 41 of Title 38 of the U. S. Code);
- Adult Education and Literacy (WIA Title II);
- Vocational Rehabilitation (Title I of the Rehabilitation Act of 1973);
- Older Workers (Title V of the Older Americans Act of 1965);
- Postsecondary Vocational Education (Perkins Act);
- Local CSBG Operator (Community Services Block Grant Act);
- Job Corps;
- Small Business Development Centers;
- The Community Development Department Director of the of the City of Long Beach or designee who shall represent Title I of WIA, Employment and Training Programs Authorized under U.S. Department of Housing and Urban Development, Economic Development;
- The local Temporary Assistance for Needy Family Program authorized under Part A of title IV of the Social Security Act (42 U.S.C. 601 et. seq.).
- The WIB membership shall be comprised as described above unless altered under Sections 7(1 or 2).
- A representative of the CEO may serve as an ex-officio member of the WIB.
- Members may be removed for cause and/or absenteeism in accord with WIB established procedures and policies as specified in Section 8, below.
- Each Member is responsible for complying with all application, enrollment and reporting required by their Appointing Cities, including completion of Form 700 and Ethics Training.
Section 8 - Membership Terms
- Subject to reappointment, each member shall be appointed for a term of 2 years. Given the nature of composition requirements for the WIB, these bylaws do not expressly limit the number of terms for members.
- Members may resign by serving notice to the WIB Chair.
- WIB members may be removed for cause or absenteeism upon a majority vote at a regularly scheduled meeting. Cause shall include inability to represent the categorical seat due to change of employment or status that alters the member's present qualifications. Absenteeism dismissal can occur when a WIB member misses three consecutive regularly scheduled full WIB meetings.
- Any member may be removed at any time by the Mayor of their Appointing City subject to policies and procedures of that city.
Section 9 - Proxy Voting
There shall be no proxies available to any WIB members. All votes shall be by the actual person appointed to the WIB personally attending the meeting.
Section 10 - Officers
- The Chair and Vice-Chair shall be elected by a majority of a quorum of members at a regularly scheduled WIB meeting on an annual basis. Elections shall be called by the Chair during the tenth month following his or her election. The term of office is one year, commencing July 1 and ending June 30.
- The Chair must be a business representative, but the Vice-Chair may be from any class of member.
- The Chair shall preside at meetings of the WIB. The Vice-Chair shall preside at meetings that the Chair is unable to attend. If neither the Chair nor Vice-Chair is able to attend, the WIB shall, at the beginning of the meeting, designate a Chair pro-tem to conduct the meeting.
- The WIB Chair or Vice-Chair, although elected by the WIB for a term of one year, may be removed from office for cause such as gross negligence of his or her duties under these Bylaws or illegal conduct during their term by action of the WIB. Such action must be approved by a minimum of a two-thirds vote of a quorum of WIB members at any regular WIB meeting. Any such proposal must be received by the full WIB membership in writing, no less than 20 days prior to WIB consideration.
- Should the Chair be removed from office, the Vice-Chair shall serve as Interim Chair until a new Chair is elected by the WIB. Should the Vice-Chair be removed from office, the office will remain vacant until a new Vice-Chair is elected by the WIB. Such elections must be held at the next scheduled WIB meeting.
Section 11 - Meetings and Quorums
- The WIB shall meet on a quarterly basis. The WIB Chair may cancel meetings due to lack of business or conflicting Holiday schedules.
- Notice of any meeting of the WIB shall be published in advance and shall be open to the public in accordance with the Ralph M. Brown Act [Government Code 54950, et. seq.]
- Special meetings of the WIB may be called by the Chair and shall also be conducted in conformance with the Ralph M. Brown Act.
- Robert's Rules of Order shall constitute the parliamentary rules for the transactions of the WIBs business.
- Action may be taken by a simple majority of those present, provided a quorum is present.
- A quorum is over 50% of the current members of the WIB.
- The WIB will make available to the public, on a regular basis through open meetings, information regarding the activities of the WIB including the following:
- the local plan, prior to submission of the plan;
- the designation of One-Stop Operators;
- the award of grants or contracts to eligible providers of youth and adult activities;
- minutes of formal meetings of the WIB.
- At the discretion of the Chair or upon the request of five (5) WIB members, the WIB may at any regularly or specially scheduled meeting adjourn into closed session to discuss personnel, legal or other affairs as allowed by the Brown Act.
Section 12 - Committees
- The Chair, with the consensus of the WIB, shall create committees from the WIB membership.
- The Chair shall appoint acting Committee Chairs from WIB members subject to election by the Committees.
- The Committees shall elect Vice-Chairs to preside over meetings in the absence of the Committee Chair.
- There shall be an Executive Committee that shall consist of the Committee Chairs, the WIB Chair, Vice Chair and the immediate past WIB Chair. Committee Vice-Chairs may attend Executive Committee meetings as ex-officio members unless the Chair of their committee is absent, in which case they shall be voting members.
- The Chair may appoint other members to the Executive Committee.
- Committee actions are advisory until adopted by the full WIB.
- The Executive Committee is empowered to take official WIB action on matters where action must be taken prior to the next scheduled Board meeting, on matters delegated it by the Board, and on routine administrative matters. Such action shall, to the extent possible, be consistent with Board policy and precedent and shall be reported at the next Board meeting.
Section 13 - Staffing and Support
- The City of Long Beach will provide management support to the WIB. This support will come from WIA funds overseen by the WIB.
- The WIB Executive Director shall report to the Chair on all items under WIB jurisdiction.
Section 14 - Conflict of Interest
- A WIB member may not receive any of his or her income from WIA funds administered by the WIB.
- A WIB member may not vote on a matter under consideration by the WIB regarding the provision of services by such member (or by an entity that such member represents) or that would provide direct financial benefit to such member or the immediate family of such member [WIA 117(g)].
- A WIB member may not engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State Plan. Section 15 - Compensation
- No member of the WIB shall receive any compensation for his or her services thereon.
- However, members may be reimbursed for actual, necessary and reasonable expenses as provided by applicable laws and regulations and authorized by the City of Long Beach acting in its capacity as a grant recipient for federal funds.
Section 16 - WIB Advisory Committee
- The WIB acknowledges that a WIB Advisory Committee shall be formed, comprised of one elected official, or designees, representing each of the four (4) designated local workforce investment area cities, who shall serve as ex-officio, non-voting members of the WIB.
- The purpose of the Advisory Committee shall be to provide input on the strategic direction of the WIB and shall meet a minimum of twice per year in conjunction with the WIB Executive Committee.
Section 17 - Amendments
- Amendments to these bylaws must be approved by a majority vote of a quorum of WIB members at any regular WIB meeting where a quorum has been established.
- Any proposed amendment must be received by the full WIB membership in writing, no less than 20 days prior to WIB consideration.
Section 18 - Effect
- The bylaws shall become effective immediately upon adoption by a majority of the WIB and shall remain in effect until the WIB dissolves.
- In the event of conflict between these bylaws and provisions of WIA and other implementing rules and regulations, the latter shall prevail, except as to those provisions which allow for discretion by the WIB and the City of Long Beach in interpretation and implementation of the law and/or regulation.
- Where it appears that the terms of the above conflict with these bylaws, the parties shall attempt to reconcile the conflict to the mutual satisfaction of the WIB, and the conflicting person or agency. In the event that the conflict cannot be resolved, the federal, state or city rule, act, or regulation shall prevail until these bylaws are amended or the conflict is otherwise resolved.