Meeting Agenda. I. Call to Order A. Attendance. Approval of Minutes A. July 30, 2015 (Attachment) II.

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1 Workforce Development Board Kane, Kendall and DeKalb Counties WIOA Transition Committee Tuesday, October 13, 2015, 9:00 A.M. Grundy Kendall Regional Office of Education 109 West Ridge Street Yorkville, IL Meeting Agenda I. Call to Order A. Attendance II. III. IV. Approval of Minutes A. July 30, 2015 (Attachment) Document Review and Recommendations for Executive Committee: A. CEO/Workforce Development Board Agreement (Attachment) B. Workforce Development Board Bylaws with Extension of Current Officer Terms (Attachments) C. WIOA Local Strategic Plan Consultant Procurement Framework (Attachment) Set January 2016 Meeting Date A. Consideration of WIOA Local Strategic Plan Consultant V. Adjournment 1

2 Workforce Development Board Kane, Kendall and DeKalb Counties WIOA Transition Committee Thursday, July 30, 2015, 3:00 P.M. Waubonsee Community College Aurora Campus 18 South River Street Workforce Development Conference Room Aurora, IL Members: Present: Absent: Staff: Present: Absent: Borek, Paul P Berger, Scott P Gillespie, Theodia A Gonzalez, Jenna P Hawks, Dick (Chair) P Knapp, Ginger P Koukol, Dan A Renken, Renee P Mehochko, Christopher P Norris, Lesa (Alternate) P Guest: Perez, Caprice A Kecskes, Gary P I. Welcome and Introductions A. Committee Chair Hawks thanked everyone for their participation. B. State Budget Impasse Berger stated the budget impasse is impacting all twenty-four workforce areas. Tomorrow, August 1 st will mark thirty days. LWA 5 is using carry-over dollars in order to remain open with limited services. This fund will be exhausted in mid- August. Berger stated he has spoken to Kane County regarding loaning funds to the workforce program. An official request will be made to the Executive Committee on August 5 th and then to the Full Board on August 11 th. Berger is optimistic the request will be granted. II. III. IV. Workforce Innovation and Opportunity Act (WIOA) Reform Highlights Renee Renken introduced new staff member, Jenna Gonzalez, who reviewed her report regarding the reforms within the new WIOA. Discuss Committee s Purpose: Chair Hawks introduced the following as the purpose of the WIOA Transition Committee: A. Review foundational documents and policies to reflect WIOA changes. B. Make recommendations to the Executive Committee and / or Full Board regarding Board and Program updates necessary for WIOA implementation and/or compliance. C. Dissolve once WIOA is fully implemented. Borek motioned to approve and Mehochko seconded. Discussion ensued regarding which policies and documents would be included for review. The motion passed. Review Draft Foundational Documents: A. Intergovernmental Agreement (IGA) - Renken reviewed the IGA document with the committee. She explained the IGA designates the Chair of Kane County as the CEO, lists the duties of the CEO, defines Kane County as the Fiscal Agent, and describes the Board appointment process and how the board works with the CEO. The rules governing WIOA are incorporated into the document. The IGA is agreed upon by the three CEO s and is necessary to be compliant with the WIOA. 2

3 B. CEO/Workforce Development Board (WDB) Agreement Renken reviewed the agreement explaining that this document serves as the Board s Charter. The document includes: The roles of the CEO and the Board; The collaboration between the CEO and the Workforce Development Board; The Consortium Staffing Model; Meeting compliance; and Conflict of Interest; The committee members asked for time to review the document. Members were asked to send additional feedback to Knapp via . D. Workforce Development Board Bylaws Knapp presented some bylaw updates for consideration. The bylaws are being reviewed by staff for WIOA compliance and other updates, but are not complete yet. The proposed updates included: A process for the Executive Committee to recommend a board member for removal; Member absences; Composition of Board Officers; Executive Committee Membership; Handling of issues regarding timely action; Distribution of Board Contact Information; and Discussion outside of meetings. Discussion ensued and input was provided; a complete set of updated bylaws will be reviewed at the next committee meeting. V. Set Next Meeting Date Staff asked for a meeting date in September. The members present suggested the week of September 7 th and a 3:00 meeting time. The staff will check with the other members and organize the next meeting. VI. Adjournment Hawks adjourned the meeting at 4:25 P.M. 3

4 CEO Workforce Development Board Agreement (Draft) 4

5 CHIEF ELECTED OFFICIAL WORKFORCE DEVELOPMENT BOARD AGREEMENT This agreement is entered into by and between the Chief Elected Official and the Local Workforce Development Board of Illinois Local Workforce Development Area 5 for the purpose of implementing activities authorized by the Workforce Innovation and Opportunity Act (WIOA). The Counties of Kane, Kendall, and DeKalb ( the Counties ) have jointly entered into an Intergovernmental Agreement regarding the implementation of local workforce development activities under WIOA. The Chairman of the Kane County Board has been identified as the Chief Elected Official (the CEO) for the Local Workforce Development Area (Local Area) and is authorized to oversee the planning and administration of the program. The CEO and the Local Workforce Development Board (the Board) share a common interest in assuring that activities undertaken in implementing the goals and objectives of the Workforce Innovation and Opportunity Act (WIOA) conform to the statutory and regulatory parameters set forth therein. The intent of this agreement is to clearly define the individual and cooperative roles of the CEO and the Board regarding the specific goals, planning, delivery and administration of said activities. A. ROLES OF THE CEO The CEO, on behalf of the Counties, has sole responsibility in the following areas under the Workforce Innovation and Opportunity Act: 1. Accept all WIOA funding and act as signatory for all agreements, leases or grants, or any other document requiring a CEO signature in order to be legally binding. The CEO may designate one or more signatories for said purpose. 2. Ensure compliance with applicable Federal uniform administrative requirements and cost principles. 3. Submit reports to the State and federal government as required. 4. Submit Local Workforce Development Board appointment requests and other certification documents to DCEO. 5. Serve as primary liaison with the Board. 6. Approve all significant actions of the Local Workforce Development Board, including, but not limited to, those listed within Section C of this Agreement. 7. Review all agreements pertaining to the delivery of workforce development services within the Local Area. 8. Provide staff support for the Local Workforce Development Board under the consortium model as defined by State policy. Said consortium shall include the Office of Community Reinvestment s Workforce Development Division and other workforce system partners. 9. Apply for competitive grant awards that serve to augment workforce services in the Local Area. 10. Designate or procure the one-stop operator and career service provider(s) in accordance with State policy. Further, the CEO shall serve as the liaison to the Governor regarding significant structural, planning, operational and performance matters pertaining to the delivery of workforce services within the Local 5

6 Area and shall be responsible for formal communication with the State of Illinois in making arrangements for agreement and consultation regarding the following: 1. Negotiation of local performance measures. 2. Consult with the Governor in the development of a reorganization plan, in the event of decertification of the Local Workforce Development Board. 3. Coordination in the provision of rapid response activities. 4. Coordination in the establishment of fiscal and accountability management systems. 5. Consultation arrangements concerning any activities in the Local Area funded by the State or by the U.S. Department of Labor. 6. Apply for waiver(s) seeking approval from the Governor to allow the Board or its staff to provide training services, as appropriate. B. ROLES OF THE WORKFORCE DEVELOPMENT BOARD The Board is charged with the task of promoting a comprehensive and high-quality workforce development system by collaborating with the CEO to improve and align employment, training, and education programs under WIOA that promote economic growth within the local Workforce Development Area. The roles of the Board include the following: 1. Elect a chairman and a vice-chairman from among the business representatives of the Board. 2. Establish an Executive Committee that, at a minimum, includes the chairman, vice-chairman and representatives from each of the three counties in the workforce development area. 3. Establish additional standing committees, which may include individuals who are not formal members of the Board but who can provide expertise on topics pertaining to WIOA goals, for the purpose of expanding the capacity of the Board. 4. Connect with representatives of secondary and post-secondary education programs in the local area in order to develop and implement career pathways. 5. Authorize contracts related to the WIOA delivery system. 6. Promote the participation of private sector employers and workforce development partners, serving as an ambassador to the Board with community groups and businesses to effectively assist employers in meeting hiring needs. 7. Review local and regional economic and labor market information to assure that local and regional plans respond to identified issues and needs. 8. Through Committee involvement, provide input regarding convening local workforce stakeholders to identify and leverage resources in support of workforce development activities. 9. Through the local planning process, engage a diverse range of employers in both local and regional areas to develop effective linkages that generate support among businesses for the local workforce system, enhancing collaboration among employers, economic development entities and service providers to assure employer needs are met. 10. Assist in identifying effective training strategies that promote in-demand industry sectors and occupations. 11. Ensure employment, education and training services align with the local needs of adults and youth, particularly individuals with barriers to employment and career pathways. 12. Encourage the use of technology to maximize the accessibility and effectiveness of the local workforce development system. 6

7 13. Review adult education and literacy applications under Title II of WIOA to determine consistency with the Local Plan. Make recommendations to area community colleges to promote alignment with the plan. 14. Authorize eligible training providers and programs in compliance with DCEO policy. 15. Assess the physical and programmatic accessibility of local Illinois worknet centers to individuals with disabilities. 16. Adopt formal policies to guide and support workforce activities, including: Individual Training Accounts, supportive services, needs-based payments, and Veteran s priority of service. 17. Conduct business in an open manner and in accordance with the Open Meetings Act, including maintaining transparency through electronic means of communication and open meetings. C. COLLABORATION BETWEEN THE CEO AND THE BOARD The Local Workforce Development Board shall provide the CEO input regarding the following: 1. Development and submission of Local and Regional Plans as required, with additional modifications reviewed and submitted as needed. 2. Approval of grant funding allocation in compliance with WIOA and in accordance with the Local Plan. 3. Development of a budget for Title I activities to be submitted as part of the Local Plan, including costs associated with Board-related expenses such as data collection and planning, subscriptions and travel, subject to the approval of the CEO. 4. Negotiation of local performance measures with the State. 5. Program oversight of workforce development activities to ensure appropriate management and use of funds in order to maximize performance outcomes under WIOA. 6. Review financial reports associated with workforce development funding provided to the Local Area. 7. Certification of one-stop centers. 8. Selection of eligible youth and career service providers, as well as the one-stop operator, in compliance with DCEO policy. 9. Approval of additional and/or non-required one-stop partners. 10. Consistent with the State Plan, development and execution of a Memorandum of Understanding with the one-stop partners concerning the operation of the one-stop delivery system in accordance with 20 CFR Part D. CONSORTIUM STAFFING MODEL As indicated in the Intergovernmental Agreement between the Counties representing the Local Area, the Chairman of the Kane County Board has been designated as the CEO for the purpose of overseeing the WIOA grant implementation. Section II of the Agreement states that the CEO is responsible for ensuring Board staffing and Consortium structures within the workforce development system comply with State and federal policy. Consistent with the Intergovernmental Agreement and the staffing model approved by the Board, the CEO shall provide the Board with staff support in accordance with the Consortium Model authorized and articulated in policy provided by the Department of Economic Opportunity (DCEO). Under this model, multiple partner programs act as staff to the Board as an in-kind contribution. A consortium, consisting 7

8 of the Kane County Office of Community Reinvestment s Workforce Development Division and no less than two other partner organizations, will serve as staff to the Board. E. MEETINGS All meetings of the Board shall be conducted in compliance with the Illinois Open Meetings Act. The Board shall adhere to Robert s Rules of Order in conducting business. The Executive Committee is authorized to take action between regularly scheduled Board meetings to address issues that require timely action. Such action shall be reported to the full Board at its next regularly scheduled meeting. F. CONFLICT OF INTEREST The parties shall abide by any and all applicable conflict of interest provisions outlined in the unified and/or combined State Plan as defined by WIOA. Members appointed to the Board may not discuss or vote on a matter under consideration by the 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 engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan. Board members shall disclose any act that may be in conflict with the performance of his or her official duties. In addition to those noted above, conflicts include receipt of a gift, compensation, or travel given for the purpose of obtaining special consideration or to influence Board action. In accordance with the Illinois Governmental Ethics Act, all Board members must complete and file an Economic Interest Statement with the Kane County Clerk. Members will incur a $15.00 fine levied by the Clerk for statements filed after the due date specified by the Clerk. G. EFFECTIVE DATE This agreement shall become effective on November 18, 2015 and renew annually. Each party to this agreement serves only by virtue of elective office. Should any individual leave elective office, that individual shall be immediately replaced by his or her successor. H. MODIFICATION The CEO intends and expects this Agreement to be used as a tool to assist in establishing and maintaining a harmonious and cooperative relationship between the CEO and the Board as they work cooperatively to provide effective workforce development services in Area 5. The CEO expects that this Agreement will be reviewed and modified as necessary. Such amendments must be in writing and executed by both parties. The parties hereto agree to adopt any amendment to this Agreement incorporating changes necessary to meet the requirements for said agreement as set forth in DCEO policy and applicable 8

9 communications. The CEO shall submit amendments to DCEO as necessary and will provide notice to the Board of revisions at such time as they are submitted. I. SIGNATURES For the CEO: Kane County Chairman Chris Lauzen For the Board: Chair, Local Workforce Development Board 9

10 Workforce Development Board WIOA Bylaws (Draft) 10

11 BYLAWS KANE, KENDALL & DEKALB COUNTY WORKFORCE DEVELOPMENT BOARD ARTICLE I: General The name of the Board shall be the Workforce Development Board for Kane, Kendall and DeKalb Counties hereinafter referred to as the Board. The Board shall serve the residents and employers of Kane, DeKalb and Kendall Counties. The official office location and mailing address shall be: One Smoketree Business Park, Suite A North Aurora, IL ARTICLE II: Purpose The Board is responsible for developing 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. ARTICLE III: Roles Section 1: Duties Consistent with the Intergovernmental Agreement between Kane, DeKalb and Kendall Counties and the Workforce Development Board Agreement, the following will be the role of the Board: Comment [j1]: This language is based on federal TEGL guidance and is derived from The Workforce Innovation and Opportunity Act narrative. Comment [j2]: The items listed in Article III mirror the Workforce Development Board Agreement verbatim. Points 8 and 9 are a requirement of DCEO WIOA Transition Policy #4, Section B(1)(f), which requires the bylaws describe the process by which Board members will engage employers, etc. 1. Elect a chairperson and a vice-chairperson from among the business representatives of the Board. 2. Establish an Executive Committee that, at a minimum, includes a chairperson, vice-chairperson and representatives from each of the three counties in the workforce development area. 3. Establish additional standing committees, which may include individuals who are not formal members of the Board but who can provide expertise 11

12 on topics pertaining to WIOA goals, for the purpose of expanding the capacity of the Board. 4. Connect with representatives of secondary and post-secondary education programs in the local area in order to develop and implement career pathways. 5. Authorize contracts related to the WIOA delivery system. 6. Promote the participation of private sector employers and workforce development partners, serving as an ambassador to the Board with community groups and businesses to effectively assist employers in meeting hiring needs. 7. Review local and regional economic and labor market information to assure that local and regional plans respond to identified issues and needs. 8. Provide input regarding convening local workforce stakeholders to identify and leverage resources in support of workforce development activities through committee involvement, the local planning process, and other means of engagement. 9. Engage a diverse range of employers in both local and regional areas to develop effective linkages that generate support among businesses for the local workforce system, enhancing collaboration among employers, economic development entities and service providers to assure employer needs are met. 10. Assist in identifying effective training strategies that promote in-demand industry sectors and occupations. 11. Ensure employment, education and training services align with the local needs of adults and youth, particularly individuals with barriers to employment and career pathways. 12. Encourage the use of technology to maximize the accessibility and effectiveness of the local workforce development system. 13. Review adult education and literacy applications under Title II of WIOA to determine consistency with the Local Plan. Make recommendations to area community colleges to promote alignment with the plan. 14. Authorize eligible training providers and programs in compliance with DCEO policy. 15. Assess the physical and programmatic accessibility of local Illinois worknet centers to individuals with disabilities. 16. Adopt formal policies to guide and support workforce activities, including: Individual Training Accounts, supportive services, needs-based payments, and Veteran s priority of service. 12

13 17. Conduct business in an open manner and in accordance with the Open Meetings Act, including maintaining transparency through electronic means of communication and open meetings. The Local Workforce Development Board shall provide the CEO input regarding the following: 1. Development and submission of Local and Regional Plans as required, with additional modifications reviewed and submitted as needed. 2. Approval of grant funding allocation in compliance with WIOA and in accordance with the Local Plan. 3. Development of a budget for Title I activities to be submitted as part of the Local Plan, including costs associated with Board-related expenses such as data collection and planning, subscriptions and travel, subject to the approval of the CEO. 4. Negotiation of local performance measures with the State. 5. Program oversight of workforce development activities to ensure appropriate management and use of funds in order to maximize performance outcomes under WIOA. 6. Review financial reports associated with workforce development funding provided to the Local Area. 7. Certification of one-stop centers. 8. Selection of eligible youth and career service providers, as well as one-stop operators in compliance with DCEO policy. 9. Approval of additional and/or non-required one-stop partners. 10. Consistent with the State Plan, development and execution of a Memorandum of Understanding with the one-stop partners concerning the operation of the one-stop delivery system in accordance with 20 CFR Part ARTICLE IV: Board Membership Section 1: Membership Board representation will comply with the dictates of WIOA, the Department of Commerce and Economic Opportunity (DCEO) and the Intergovernmental Agreement between Kane, DeKalb, and Kendall Counties. The Board membership shall total up to 40 seats and shall be inclusive of those mandated partners appointed to the Local Workforce Development Board pursuant to State policy. Comment [j3]: Language concerning the Board membership makeup is derived from federal guidance in: TEGL and is also incorporated in part as part of the Intergovernmental Agreement between the three County Chairmen. Nomination procedures are required per DCEO WIOA Transition Policy #4, page 5 Section B(1)(a). Section B(1)(b) of the same policy requires that terms be defined in the bylaws. Policy to ensure attendance and participation of board members is a requirement per DCEO#4, Section B(1)(i). 13

14 Board representation shall generally be apportioned to each County based on the most recent US Census Bureau decennial census population data available. It is anticipated that adjustments to said representation may be necessary from time to time in order to achieve overall Board Certification. A. The Board shall be composed of representatives from the following categories: Business (minimum 51% representation); Workforce (minimum 20% representation); Education and Training; and Government, Economic and Community Development. The CEOs may appoint other individuals to the Board at his or her discretion when seats are available, such as local agencies or entities administering transportation, housing and public assistance, and philanthropic organizations. The Board may make recommendations for new Board members to the CEOs for their consideration. B. Board members may represent more than one category. A Board member may not represent more than one entity within a category. The representatives appointed to the Board must have optimum policy-making authority, which is defined as an 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. Section 2: Nominations A. In accordance with the WIOA and state policy, nominations will be performed as follows: 1. Business Representatives to the Board must be nominated by local business organizations or business trade associations. 2. Labor Representatives qualifying under the Workforce category to the Board must be nominated by a local labor federation. 3. The three community colleges in the local areas shall each be given a seat on the Board. The college representatives shall fulfill the requirement for an Adult Education and Literacy representative, as well as for an Institution of Higher Learning representative. These two positions will be self-nominated, and the remaining seat represented by the third remaining college shall fall within the Other category. The slot each college represents may be rotated to conform with WIOA and state policy. 14

15 4. Nominations for filling a vacancy mid-term shall be made in the same manner as the original appointment. B. Other representative seats not falling within the above mentioned categories do not require a nomination process. Section 3: Terms A. Appointed members shall serve fixed two-year terms effective October 1 st and concluding September 30 th, with terms staggered to avoid excessive turnover in any given year. Should a delay in Board appointments occur, Board members may continue to serve until the appointment process can be completed even if their term of office has expired. B. Three consecutive, unexcused absences per plan year (July 1 st through June 30 th ) from regularly scheduled meetings of the Board shall constitute a de facto resignation of the Board member. Whether to excuse the absences shall be determined by the Board Chairperson, and only unexcused absences shall be considered in determining the de facto resignation. Staff will monitor attendance on behalf of the Board Chairperson. C. Members must provide current contact information to Board staff. Board members shall notify staff of any changes to his or her employment status. Should a member cease to represent the category for which he or she was appointed to fill, the member may be reassigned to another category if available. In cases where no other slots are available, the Board member may be asked to resign if necessitated by DCEO for Board certification. D. Should a Board member become disabled, ill or unable to perform their duties on the Board, the member may voluntarily resign by ing the Board Chairperson and copying a Board staff member. If no notification is received, the Executive Committee may recommend to the CEOs removal of members that are unable to perform their duties. Staff will notify the appropriate CEO so a new member can be appointed. Upon appointment, the member shall serve the unexpired term of the member whose vacancy he/she is filling. 15

16 ARTICLE VI: Officers A. The Officers shall consist of the Board Chairperson, Vice Chairperson, and one Liaison per county. B. The Chairperson and Vice Chairperson shall be selected from among the business members of the Board. The County Liaisons can be selected from any of the membership categories within each county s membership. C. The Chairperson shall appoint an ad hoc Nominating Committee Chairperson at the June meeting. The Nominating Committee Chairperson will ask Board members to volunteer to serve on the committee. The Nominating Committee shall adhere to the following: 1. The committee must include a minimum of one member from each county, not including the Chairperson. 2. The committee members will contact other Board members regarding willingness and ability to serve in officer roles. 3. Committee members shall meet physically at least once to review and recommend the slate of officers for election. 4. The Nominating Committee Chairperson will present the slate of officers for election by the Board at the August meeting. 5. The Board Chairperson will ask for nominations from the floor in addition to the slate of officers presented by the Committee. 6. If there are multiple nominations for any office, those Board members nominated for the same office shall temporarily exit the room while a show of hands vote is taken for the office. The remaining nominees may be voted on as a whole. D. The officers shall take office October 1 for a term of one year from October 1 through September 30. Should an officer resign his or her position on the Board, a replacement shall be elected by a quorum of the Board to serve the remainder of the unexpired term. E. The duties of each officer shall consist of the following: 1. The Chairperson shall: a. Appoint all standing and ad hoc committee chairpersons; 16

17 b. Sign documents as required by WIOA to remain compliant on behalf of the Board; c. Serve as the Chairperson of the Executive Committee of the Board; and d. Perform other duties as appropriate. 2. The Vice Chairperson shall: a. In the absence of the Chairperson, perform all the duties of the Chairperson; b. Serve as a member of the Executive Committee; and c. Perform other duties as assigned by the Chairperson of the Board. 3. The County Liaison shall: a. Serve as a member of the Executive Committee; b. In the absence of the Chairperson and Vice Chairperson, the Liaison having the longest tenure on the Board shall perform all the duties of the Chairperson. c. In the event an ad hoc committee would include only a single County s membership, that County s Liaison would serve as the Chairperson of said ad hoc committee; and d. Perform other duties as assigned by the Chairperson of the Board. ARTICLE VII: Board Committees Comment [j4]: Included in this section are requirements per DCEO#4, Section B(1)(k) and (n) All committees shall meet at the call of the Board Chairperson or the committee Chairperson. A committee must have, at a minimum, four (4) Board members. Other stakeholders that are not members of the Board may also sit on committees but cannot count towards this established minimum. The Board may vote to establish additional standing committees at any time by formalizing the committee in these bylaws. Section 1: Standing Committees The standing committee of the Board shall be the Executive Committee. The Board Chairperson shall chair the Executive Committee. The Executive Committee shall consist of the officers of the Board and standing committee Chairpersons who shall perform the following duties: 17

18 1. Make recommendations to the Board on matters requiring Board approval. 2. Address and vote on issues that require timely action on behalf of the Board when necessary. a. Prior to acting on behalf of the Board, the Executive Committee must take a vote to confirm the immediacy of the action. b. Any action taken by the Executive Committee on behalf of the Board shall be binding and will be communicated at the next regularly scheduled Board meeting. 4. Defer any action item to the next Board meeting, should the Executive Committee so desire. 5. Recommend changes to the Board bylaws as needed. 6. Recommend removal of a Board member to the appropriate CEO. 7. May approve training providers and/or programs, which will then be reported to the Board. Section 2: Ad Hoc Committees Ad hoc committees may be established at the discretion of the Board Chairperson. A WIOA Transition Committee has been previously established as an ad hoc committee for the purpose of overseeing the transition to the new Workforce Innovation and Opportunity Act. This Committee consists of members from the Board that equitably represent each county. The Committee will continue to review updated foundational documents and policies to reflect changes of the WIOA, make recommendations to the Executive Committee regarding Board and Program updates necessary to be compliant with or to implement WIOA, and will dissolve once WIOA is fully implemented in LWDA 5. ARTICLE VIII: Meeting Procedures & Voting Rights Section 1: Meetings A. Regular meetings of the Board shall be held at a place to be determined by the members at such times and as often as they may deem necessary, but at a minimum the Board shall meet four times a year. The Board Staff shall send written/electronic notice of each meeting to the Board members at least 48 hours prior to the meeting. Transmittal of the Board agenda shall constitute written notice. Comment [j5]: DCEO Policy #4, Section B(1)(d, e, h, and j) are incorporated in this Article. The previous bylaws required an annual meeting this is no longer current practice and has been removed. The Open Meetings Act requires that dissolved committee minutes be approved by the presiding body. Language to this effect has been added. In 2012 the Attorney General s office Open Meetings Act training a requirement of public boards, and this has been incorporated within this Article. 18

19 B. Technology shall be used in announcing meeting times and locations through electronic mail, providing Board members with calendar reminders through Microsoft Outlook, as well as posting meeting materials on the Kane County website. C. A schedule of meetings shall be established each plan year and will be presented to the membership no later than the June meeting. The Board Staff may cancel a meeting at the direction of the Board Chairperson. D. The Board shall conduct meetings according to Robert s Rules of Order, Revised and the Open Meetings Act. Section 2: Quorum and Minutes A. In order to vote on any matter coming before the Board or a committee of the Board, a quorum must be present. A quorum shall consist of at least fifty-one percent (51%) of the membership at the time of the meeting. The continued presence of a quorum is presumed unless the Chairperson or a Board member voices that a quorum is no longer present. It is the duty of the Board Chairperson and Board members to declare the fact or make a point of order in the event a quorum is no longer present. If a vote has been taken and the absence of a quorum is unclear, the vote shall stand unless the absence of a quorum can be clearly shown. Disclosure of a conflict of interest prior to discussion of an action item shall not affect quorum. B. If quorum is not established at a meeting, the Board cannot discuss or vote on action items or approve minutes. The meeting may be called in order to view reports and presentations, or other informational items. If action items are time-sensitive, the items will be referred to the Executive Committee for consideration and/or approval. The Executive Committee Chairperson shall report the results at the next Board meeting. C. Minutes shall be reviewed and approved at the following Board or standing committee meeting as appropriate. Minutes from dissolved ad hoc committees shall be approved at the next available Board meeting. Board members may approve meeting minutes regardless of attendance at said meeting, in accordance with Robert s Rules of Order, Revised. Approved 19

20 minutes of all meetings conducted four years past the grant close-out date shall be retained on the Board webpage within the Kane County website. Section 3: Votes A. Each member shall have one (1) vote. Members must be present at meetings to cast a vote. A member may send someone in his or her stead as a proxy. A proxy form must be completed and submitted to the Board staff 48 hours prior to each meeting of the Board. B. Any item voted upon is considered to have passed when 51% of the members present vote yes. C. All significant actions of the Board are subject to approval by the CEO, including, but not limited to those items listed in Section C of the Workforce Development Board Agreement. Section 4: Open Meetings Act A. The Workforce Development Board is subject to the Illinois Open Meetings Act and will notice and conduct meetings in accordance with the Act. The public shall be informed of Board, Committee, and other public meetings through notice, which shall state the purpose of the meeting, the time and the place. B. All Board Members are required to complete the Open Meetings Act training within ninety (90) days of assuming responsibilities as a member of the Board. The certificate of completion must be filed with the Board Staff. Failure to file a copy of the certificate with the Board Staff is cause for removal from the Board. C. Consistent with the Open Meetings Act, members of the public will be given an opportunity to speak at all Board or committee meetings. Members of the public wishing to express concerns and/or opinions regarding business before the Board shall do so either in writing or in person to the Board as a whole or at an applicable committee meeting. Written comments may be directed to the address listed in Article I of these bylaws. 20

21 ARTICLE IX: Conflict of Interest A. Members of the Board and any committee members shall comply with conflict of interest provisions in Section 107(h) of the Workforce Innovation and Opportunity Act and with State policy, taking the following actions as appropriate: Comment [j6]: This Article is required per DCEO WIOA Draft Transition Policy #5, Section B(4 and 5), as well as DCEO WIOA Transition Policy #4, Section B(1)(l). 1. Publicly disclose to the Board if he/she has a real or perceived conflict of interest prior to discussion; 2. Refrain from participation in Board discussion in areas of real or perceived conflict of interest; 3. Abstain from voting on any matter under consideration by the Board: a. Regarding the provision of services by such member (or by a program that such member represents); or b. That would provide direct financial benefit to such member or the immediate family of such member, or the organization the member represents; and 4. Abstain from engaging in any other activity determined by the Governor to constitute a conflict of interest as specified in the State Plan. B. Additionally, Board members must comply with the Illinois Governmental Ethics Act. All Board members must complete the Economic Interest Statement required through Kane County. In accordance with State and local policy, members will incur a $15 fine levied by the Kane County Clerk s office for failure to file by May 1 st. Members failing to file the Statement by May 15 th may incur an imposed fine of $100 for each day thereafter. Failure to file the Economic Interest Statement is cause for removal from the Board. C. All disclosed conflicts and abstentions must be recorded in the minutes of the Board, committee or subcommittee meeting. D. A Board member may be recommended for removal from the Board by a majority vote of the Executive Committee if the member s conduct or action, in his or her capacity as a member or in his or her personal and/or professional dealings, is having or will have a severe detrimental effect on the ability of the Board to conduct business. The recommendation of the Executive Committee would be forwarded to the appropriate CEO. 21

22 ARTICLE X: Staff to the Board A. Staff support to the Board is provided by a consortium of workforce agencies including the Kane County Office of Community Reinvestment Workforce Development Division as per the Intergovernmental Agreement between Kane, Kendall and DeKalb Counties. The Consortium shall assist the Board in carrying out its duties as defined in Article III of these bylaws. Specific roles of the Kane County Office of Community Reinvestment s Workforce Development Division include, but are not limited to: 1. Coordinating certification of the Board and ensuring compliance with applicable State and Federal policies. 2. Serving as the custodian of official records for the Board. 3. Preparing relevant program and financial reports for presentation to the Board and committees. 4. Preparing background information and making recommendations to the Board regarding action items. 5. Issuing letters of support on behalf of the Board to entities deemed appropriate that if funded would generate grant dollars to the local area. 6. Applying for competitive grant awards that serve to augment workforce services in the local workforce development area. B. To ensure Board business matters will not be directed at Board members homes or workplaces, staff will not publish or distribute member addresses, phone numbers or addresses. However, member names are listed on the Board web page within the Kane County website. ARTICLE XI: Conflict with the Bylaws A. 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 units of government party to the Intergovernmental Agreement. B. If any provision of these bylaws is held invalid by any court of competent jurisdiction, this shall not affect any other provision of these bylaws which 22

23 can be given effect without the invalid provision or application. To achieve this purpose, the provisions of these bylaws are declared to be severable. ARTICLE XII: Amendment & Ratification of the Bylaws These bylaws may be amended or replaced via an agenda action item at a meeting of the Board. These Bylaws will be effective on November 18, 2015 upon adoption by a recorded vote of fifty-one (51%) of those present at a meeting of the Board as a whole called for such purpose. Board Chairperson: Date: 23

24 Workforce Investment Board WIA Bylaws (For Reference) 24

25 BYLAWS ARTICLE I Section 1. Name The name of the board shall be the River Valley Workforce Investment Board, Inc., hereinafter referred to as the RVWIB. Section 2. Service Area The RVWIB shall serve the residents and employers of Kane, DeKalb and Kendall Counties. Section 3. Location The official office location and mailing address shall be: 719 S. Batavia Avenue/ Building G/ Geneva, IL Section 1. ARTICLE II PURPOSE To create a workforce system that enhances the quality of life for our citizens by promoting a healthy economy and providing policy guidance and oversight to the workforce system. Section 1. Duties ARTICLE III DUTIES AND RESPONSIBILITES Consistent with the Interlocal Agreement between Kane, DeKalb and Kendall Counties, the following will be the responsibility of the RVWIB: a. To serve as the policy maker and oversight body of the programs and funds granted to the workforce area in order to implement a workforce system, under the Workforce Investment Act (WIA) Title I and related discretionary grants. b. To transmit decisions related to expenditures for the workforce system to the Kane County Finance Department for disbursement of funds in accordance with those decisions. c. To cause a budget to be developed and to review and approve the workforce budget for the local workforce area and for the RVWIB. d. To provide guidance in the development of and approve the Title I Workforce Investment Plan including the development of a regional plan if required by the governor and/or agreed the Chief Local Elected Officials (CLEOs). 25

26 e. To provide oversight and guidance over the performance of a local needs analysis for employers, employed workers, job seekers and youth on a regular basis or as determined necessary by the RVWIB. f. Together with the (CLEOs) or in event the responsibility has been designated to the RVWIB, to designate/terminate the one-stop operator(s) in accordance with the options under the WIA and determine the one stop operator s responsibilities with respect to the delivery of workforce services. g. Identify and approve eligible training providers/programs following state guidelines and set additional local standards as deemed appropriate for the Local Workforce Investment Area (LWIA). h. Negotiate a memorandum of understanding (MOU) with each one-stop operator and other partners. i. Conduct oversight, in partnership with the CLEOs, with respect to local programs of youth activities, local employment and training activities and the one-stop delivery system in the local area. j. Negotiate and reach agreement on local performance measures with the CLEOs and the Governor. k. Review and act upon recommendations from the Board s committees. l. Perform other necessary and proper duties to conduct the business of the RVWIB and/or as agreed to by the Board and the CLEOs or as required by the Act or State/Federal regulations. Section 1. Appointments ARTICLE IV Board Appointments The county board chairs, the CLEOs of the three counties, shall appoint the board members as stipulated in the Interlocal Agreement between Kane, DeKalb and Kendall Counties. a. Board representation will comply with the dictates of WIA, the Department of Commerce and Economic Opportunity (DCEO) and the Interlocal Agreement between Kane, DeKalb and Kendall Counties. b. The apportionment of seats shall be population based. Based upon the 2010 census, the current composition shall be 70% Kane, 15% Kendall and 15% DeKalb. The composition of the RVWIB shall comply with the guidelines of Workforce Investment Act and DCEO Policy Letter Number 06-PL-27. Section 2. RWIB Members The WIB shall be composed of the following members: a. The private sector shall constitute the majority of the membership of the RVWIB. 26

27 b. A minimum of two representatives each from public, post-secondary and vocational education, labor, economic development and not-for-profit organizations. c. A member from each one-stop mandatory partner program, as defined by the WIA, except where one member can represent two funding streams. d. The CLEOs, pursuant to the Interlocal agreement may appoint members on their own recommendation so long as the private sector majority membership is maintained and there is a consensus of the three members. e. The RVWIB may make recommendations to the CLEOs for their consideration. Section 1. ARTICLE V NOMINATIONS All Nominations to the private sector seats on the RVWIB shall be made by business, professional and trade organizations. Section 2. Compliance with WIA and State Requirements All nominations shall be made in accordance with the WIA and state policy. Section 3. Membership Categories Membership categories may change from time to time and shall be filled in accordance with the governing law at the time of nomination, selection and appointment. Section 4. Filling Vacancies If a member ceases to represent the category for which they were appointed, vacates their seat or 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 the original appointment. Section 5. Unexpired Terms Upon appointment, the member shall serve the unexpired term of the member whose vacancy he/she is filling. Section 6. Serving After Expired Terms Once a member is appointed, even if their term of office is expired, the member shall continue to serve as a board member until they resign, they are reappointed or a new member is selected to serve in their stead. ARTICLE VI 27

28 TERM OF OFFICE Section 1. Member Terms Absent action by the appointing elected official or the resignation of a member, appointed members shall serve a two-year term which shall end on September 30. All new appointments shall take effect on October 1. a. Members shall be appointed for fixed and staggered terms. b. Each chief elected official may renew appointments at their discretion. c. Appointment of an individual as a member of the LWIB must be made using the Appointment/ Reappointment Form (DCEO/LWIB Form #002) or replacement documentation. Section 2. Recommendation of Executive Committee for Removal Should an RVWIB member cease to represent the category for which they were appointed to fill, become disabled, ill or unable to perform their duties on the RVWIB, they shall be removed upon recommendation of the Executive Committee to the elected official who appointed them. Section 3. Member Absences Three consecutive absences from regularly scheduled meetings of the RVWIB without written approval from the RVWIB chairperson shall constitute a de facto resignation of the RVWIB member. Section 1. Officers ARTICLE VII OFFICERS The officers shall consist of the RVWIB Chairperson, Vice Chairperson, Secretary and Treasurer. Section 2. Nominations a. The Chairperson and Vice Chair shall be selected from among the business or private sector members of the board. b. The RVWIB Chair shall appoint a Nominating Committee, which shall present a slate of officers to the RVWIB. The committee shall present the slate of officers for consideration at the annual meeting each year. c. The slate of candidates for officers shall be selected from among the board members of the RVWIB. d. The slate of officers shall be elected at the September meeting by a simple majority vote once a quorum of the board has been seated. The officers shall take office October 1. 28

29 e. Following the election of a new RVWIB Chair, the RVWIB director shall be responsible for reporting the change to the DCEO within 10 business days. f. The term of office for the Chairperson, Vice Chairperson, Secretary and Treasurer of the RVWIB shall be one (1) year. If an officer resigns his/her position on the RVWIB, a replacement shall be elected by a quorum of the board to serve the unexpired term of office. Section 3. Duties of the Chair The Chair shall: a. Assist in setting the agenda and preside over board meetings; b. Assist in setting the agenda and preside over Executive Committee meetings; c. Appoint all standing and ad hoc committee chairs; d. Perform such other duties as appropriate to the office of the Chair. Section 4. Duties of the Vice Chair The Vice Chair shall: a. In the absence of the Chair, perform all the duties of the Chair; b. Serve as a member of the Executive Committee; c. Perform other duties as assigned by the Chairperson of the RVWIB. Section 5. Duties of the Secretary The Secretary shall a. Serve as official secretary as it relates to not-for-profit status; b. Serve as Parliamentarian at RVWIB meetings; c. Serve as a member of the Executive Committee; d. Perform other duties as assigned by the Chairperson of the RVWIB; e. In the absence of the Chair, and Vice Chair perform all the duties of the Chair. 29