The Yonkers Workforce Development Board voted and unanimously approved the Yonkers BY-LAWS pursuant to the Workforce Innovation and Opportunity Act of 2014 (WIOA).
YONKERS WORKFORCE DEVELOPMENT BOARD
Article I – Name and Authority
Section 1. Name
The name of this body will be called Yonkers Workforce Development Board (hereinafter referred to as the “Yonkers WDB” or “WDB”). The Yonkers WDB is established by the Mayor of the City of Yonkers acting on his authority as Chief Local Elected Official (CLEO), and certified by the Governor of the State of New York, pursuant to the Workforce Innovation and Opportunity Act of 2014, hereinafter referred to as WIOA.
Section 2. Authority
The Yonkers WDB shall act on behalf of the Yonkers Workforce Development Area (herein referred to as the “Yonkers WDB” or “WDB”) and shall provide policy guidance for and oversight of the WDA as set forth in WIOA.
Section 3. Principal Location
The Yonkers WDB is located at 28 Wells Avenue, Bldg. 3, 4th Floor, Yonkers, New York 10701.
Article II – Purpose and Function
Section 1. Purpose
Proposed regulation § 679.300 states the purpose of the WDB. The WDB represents a wide variety of individuals, businesses, and organizations throughout the local area. The WDB serves as a strategic convener to promote and broker effective relationships between the chief local elected official (CLEO) and economic, education, and workforce partners.
The WDB must develop a strategy to continuously improve and strengthen the workforce development system through innovation in, and alignment and improvement of, employment, training, and education programs to promote economic growth. WDB members must establish a platform in which all members actively participate and collaborate closely with the required and other partners of the workforce development system, including public and private organizations. This is crucial to the WBD's role to integrate and align a more effective, job-driven workforce investment system.
Section 2. Functions
Pursuant to § 679.370 of the proposed regulations, functions of the WDB shall include:
- Development and approval of a local plan consistent with WIOA Sec. 108;
- Workforce research and regional labor market analysis;
- Development of a budget for the activities of the WDB and WDA , consistent with the LWDA Plan and duties of the Yonkers WDB, subject to approval of the CLEO;
- Convening, brokering and leveraging local workforce development stakeholders;
- Leading efforts to engage with a diverse range of employers and entities in the region;
- Negotiation of local performance measures;
- Leading efforts in the local area to develop and implement career pathways within the local area by aligning the employment, training, education and supportive services that are needed by adults and youth, particularly individuals with barriers to employment;
- Identifying and promoting proven and promising practices;
- Developing strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, workers and jobseekers;
- Designating, with agreement of the CLEO of the Career Center operator, youth providers and identification of eligible training providers;
- Provision of program oversight and consumer choice requirements, in partnership with the CLEO;
- Coordination with education providers;
- Development of a budget for activities of the Local Board;
- An annual assessment of the physical and programmatic accessibility in accordance with WIOA Sec. 188 and the Americans with Disabilities Act of 1990 of all one-stop centers in the local area;
- Certification of the Yonkers one-stop center;
- Collaboration as needed on regional, local and state initiatives; and
- Approval of plans for the implementation of goals and objectives for the Yonkers WDB, including realization of efficiencies, cost savings, synergies, best practices, conservation of resources and pooling of complementary resources.
Article III – Membership
Section 1. Composition
Members of the Yonkers WDB shall be appointed by the CLEO subject to the provisions of the WIOA.
Representation required under WIOA Sec. 107(b)(2).
- Election of a Chairperson, who shall be a business representative;
- A majority of the members must be business representatives;
- 20% of the members must be workforce representatives (which must include two organized labor representatives and one apprenticeship representative; and may include representatives from Community Based Organizations and organizations with experience serving youth);
- One Title III Wagner-Peyser representative;
- One Title II Adult Education and Literacy representative;
- One Higher Education representative;
- One Economic and Community development representative; and
- One Title IV Vocational Rehabilitation representative.
WIOA allows optional and discretionary appointments, and allows members to represent multiple, required representation slots.
Section 2. Tenure
Proposed regulations §679.310(g)(1) - (3) and (7) require that the by-laws address:
- the CLEO will elect the Local Board chair and members through a nomination process pursuant to Proposed regulations §679.310(g)(1) – (3) and (7);
- term limitations for the Yonkers Workforce Development Board will be three years or by majority vote and/or continuous appointment;
- term appointments will be staggered so only a portion of memberships expire in a given year so the CLEO will nominate members prior to the end of the members term limits to ensure an active board;
- the Board Chairperson and/or the WDB Executive Director will notify the CLEO of a board member vacancy by resignation or after confirming three absences and the de facto letter has been sent to the member;
if a member resigns prior to the expiration date of his/her term in office, nominations for filling the vacancy shall be made in the same manner as was made for assigning members by the CLEO. Upon appointment, the member shall serve the unexpired term of the member whose vacancy he/she is filling. All verbal resignation must be presented to the Chairperson in writing within 30 days of the verbal resignation.
All members shall be nominated and appointed in conformance with WIOA Sec. 107(b) (1) and (2).
Section 3. Compensation
In accordance with WIOA sections 101(h)(3) and 107(f)(3), the Local Board director (and staff) are subject to the limitations on the payment of salary and bonuses described in WIOA section 194(15).
Section 4. Rights and Powers of Members
Members shall have and may exercise the following powers such as approval and interpretation of the statement of mission and philosophy of the WDB, and to require the WDB to operate in conformance with such statement.
The duties of the Executive Director include:
- Advising the WDB on the management, development and implementation of employment and training activities in Yonkers.
- Providing on-going technical assistance for job development and training activities under the Workforce Innovation and Opportunity Act.
- Consulting with cooperating agencies to coordinate efforts and define areas of cooperation.
- Developing program activities to serve customers of the agency and the Yonkers One-Stop system.
- Monitoring and overseeing all of the activities of the Yonkers Career Center and the cooperating partner agencies.
- Preparing budgets to control costs and to allocate funds in accordance with applicable law and regulations.
- Reporting to the WDB on the activities and progress of the employment and training activities in Yonkers.
- Overseeing staff, which includes hiring and terminating staff in accordance with WIOA federal rules and regulations.
Article IV – Meetings
Section 1. Frequency
The WDB shall hold regular meetings at a minimum of four (4) per calendar year, at a time and place to be determined by the chairperson. Special meetings may be called upon request of the chair. Prior to the meeting, such a request shall state in writing, the subject to be discussed at the special meeting.
According to the Sunshine Law Provisions the WDB must conduct its business in an open manner as required by section 107 (e) of WIOA, by making available to the public, on a regular basis through electronic means and open meetings, information about the activities of the local WDB.
A general public notice of regular WDB meeting shall be posted on the City of Yonkers, Office of Workforce Development website. This includes the development of the local plan, specific policies and the minutes of formal WDB meetings upon request.
Section 2. Attendance
Three (3) consecutive absences from regularly scheduled meetings of the WDB without excuse from the Chairperson shall constitute a de facto resignation of the Board member.
Should a Board member cease to represent the category to which they were appointed to fill on the Board through change in status, or otherwise become disabled, ill or unable to perform their duties on the Board, they shall be removed upon recommendation of the WDB. The WDB and/or the Yonkers Office of Workforce Developments Executive Director will notify the CLEO of the resignation.
Section 3. Quorum
A majority of the total membership of the WDB, including vacancies of the required member representatives shall constitute a quorum for the transaction of business at any WDB meeting, but a less number may adjourn.
Unless otherwise required by law or these by-laws, the vote of a majority of the WDB members present shall constitute an act of the WDB, provided that a quorum is present at the time of the vote and that the votes cast in favor of such action shall at least be equal to the quorum.
Any action of the WDB will be voted upon at a meeting via the adoption of a resolution authorizing the action in accordance with the sunshine provision of the Act. The resolution and the record of the voting results shall be duly filed with the minutes of the proceedings of the WDB.
In order to vote on any matter coming before the Yonkers Workforce Development Board, a quorum must be present. A quorum shall consist of more than 50% of the membership.
When an issue presents a possible conflict of interest to the member, said member shall disclose the conflict of interest and shall abstain from voting on said issue. A conflict of interest in any matter, which has direct bearing on services to be provided by that member or any organization which such member directly represents, or any matter which would financially benefit such member or any organization such member represents.
Section 4. Proxies
Each WDB member shall have one vote. Members who are not present may submit a written proxy vote that address the item(s) of business that will be voted on during the meeting. (attached Proxy Ballot)
When a board member is unable to attend a meeting and assigns a designee the proxy and alternative designee must be a business representative with optimum policy-making hiring authority and should have demonstrated experience and expertise according to the proposed regulation §679.310(g)(4).
Section 5. Procedure
When parliamentary procedures are not covered by these by-laws, Robert’s Rule Order, Revised shall prevail.
Special meetings of members may be called at any time by the Chairperson or by a petition signed by not less than 25% of the membership of the WDB setting for the reason for calling such a meeting.
Board meetings at the Yonkers Office of Workforce Development or designated space shall be open to the public as per New York statutes. The Executive Director shall send written notice of each meeting to the members at such times and as often as they may deem necessary.
The public shall be informed of meetings through notice which shall state the purpose of the meeting, the time and place. Special meeting notices shall state the purpose of the meeting and whether it has been called by the Chairperson or by petition.
Participation in the meetings shall be limited to members of the Yonkers WDB and the CLEO with the following exceptions:
- Regularly scheduled agenda items that call for reports or participation by non-members.
- A time, to be determined by the Chair, shall be set prior to consideration of items coming before the Board for a vote for the receipt of public comment which is relevant or material to the matter under consideration before the group. Following public comment discussion items coming before the Board shall be limited to the Board and local elected officials.
- There shall be Matter From the Floor regularly scheduled at all meetings at which the Chairperson may recognize members of the public.
Section 6. Use of Technology
WIOA Sec. 107(d)(7) requires boards to develop strategies for the use of technology to maximize the accessibility and effectiveness of the local workforce development system. Technology will also be used to promote WDB Member participation. Technology shall be used to improve WDB functions, broker relationships with stakeholders, and any other conditions governing appointment or membership on the WDB as deemed appropriate by the CLEO. Specifically, email, conference calls, webinars, and websites may be used to maximize accessibility and effectiveness. Further, the WDB must make available to the public, on a regular basis, information regarding the activities of the WDB through electronic means, as required by WIOA Sec. 107(e).
Article V – Committees
Proposed regulation § 679.360 establishes the roles and responsibilities of standing committees within the Local Board structure. Such committees are optional under WIOA, and may be used to assist the Local Board in carrying out its responsibilities as outlined in WIOA sec. 107.
The Chairperson may, with the approval of the WDB, appoint other committees for such particular purposes as may be deemed necessary or desirable to enhance or assist the WDB in furthering the objectives of the WDB. These committees may be comprised of the WDB members or the community at large as long as a majority of committee members are WDB members. Any committee so appointed shall have such powers and authority as are explicitly delegated by the chairperson subject in all cases to the limitations enumerated hereinabove with respect to the Executive Committee.
Regulations provide for Local Board discretion in terms of what kinds of standing committees, if any, the Local Board creates.
Additionally, WIOA allows Local Boards to designate an entity in existence on the date that WIOA was enacted, such as an effective youth council, to fulfill the requirements of a standing committee as long as the entity meets the requirements of WIOA Sec. 107(b)(4).
Article VI – Conflict of Interest
WIOA §107 (h) stipulates that a member of a Local Board, or a member of a standing committee, may not: (1) vote on a matter under consideration by the Local Board (A) regarding the provision of services by such member (or by an entity that such member represents); or (B) that would provide direct financial benefit to such member or the immediate family of such member; or (2) engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan.
WDB member is expressly prohibited from voting on a matter under consideration by the WDB regarding the provision of services by that particular member, or an entity that the member represents.
Where such a conflict of interest (or potential conflict of interest) exists, an officer or member must make written notice to the WDB or so note the same during a duly convened WDB meeting and abstain from voting on such procurement contract or agreement with regard to the purchase of goods, services or educational and training programs.
Failure to disclose such conflict of interest (or potential conflict of interest) may result in appropriate penalties (e.g. censure, suspension or removal as an officer, member or employee) to be determined by a Special Committee (comprised of WDB member) named and convened by the WDB.
Article VII – Indemnification
The WDB shall indemnify any Board member, staff person, officer or former Board member, staff person or officer for expenses actually and reasonably incurred by him in connection with the defense of any action, suit or proceeding, civil or criminal, in which he is made a party by reason or being or having been a Board member, staff person or officer except in relation to matters in which he was adjudged, in the action, suit or proceeding, to be liable for willful negligence or misconduct in the performance of his Council duties.
The right indemnification under this Article is only available to the extent that the power to indemnify is lawful and to the extent that the person to be indemnified is lawful and to the extent that the person to be indemnified is not insured or otherwise indemnified.
The WDB and the CLEO shall have the power to purchase and maintain insurance sufficient to meet this Article’s indemnification requirements.
Article VIII – Liability
The WDB shall have the power to purchase and maintain such fidelity bond, director and officers, error and omission and other appropriate liability insurance coverage on such WDB members, officers or employees to the extent that power to do so has been granted by statute, and give other indemnification to the extent not prohibited by statue. The WDB shall maintain a current Directors and Officers and liability insurance for the protection of its members.
Article IX – Amendments to the By-Laws
These by-laws may be amended or replaced by an affirmative vote of two-thirds of the membership, after notice, which shall specify or summarize the changes proposed to be made.
Article X – Records Maintenance and Accessibility
WDB information changes (e.g., solicitations, grant awards, membership changes, etc.), meeting records/ files and meeting minutes shall be made available to the public in pursuant to the Freedom of Information Law (FOIL);
WDB meeting records/files and meeting minutes shall be maintained in a locked cabinet within the Office of Workforce Development.
Article XI – Miscellaneous
Section 1. Additional Requirements
In addition to the elements required by §679.310(g), the CLEO must include any additional requirements in the Board's by-laws that it believes is necessary to ensure the orderly administration and functioning of the board. The WDB establishes clear roles, responsibilities, procedures, and expectations through its by-laws, and that these requirements will help the WDB to be more agile and proactive in reacting to Board turnover, increase board participation when board members are not able to physically attend board meetings, improve Board functionality, and help ensure that the public is informed about the operation of the Board.
Section 2. Transparency
WIOA Sec. 107(c)(13)(e) requires the Local Board to make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the Local Board, including information regarding the local plan prior to submission of the plan, and regarding membership, the designation and certification of one-stop operators, and the award of grants or contracts to eligible providers of youth workforce investment activities, and on request, minutes of formal meetings of the Local Board.