Georgia s State Workforce Development Board Bylaws. Article I Name. The name of the organization shall be Georgia s State Workforce Development Board.

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1 Georgia s State Workforce Development Board Bylaws Article I Name The name of the organization shall be Georgia s State Workforce Development Board. Article II Purpose of the Workforce Development Board On February 2, 2006, the Governor reconstituted the State Workforce Investment Board with the mission to assist the Governor in creating an integrated Statewide Strategic Plan for Workforce Development which links workforce policies and education programs to the economic needs of the State, its regions, and its communities. The Governor and the Board shall develop the Statewide Strategic Plan based on a shared vision, guiding principles and goals, coordinated policies and partnerships, and defined priorities that support measurable and meaningful outcomes. The Governor established the Board, in accordance with Public Law , to assist in the development of the Statewide Strategic Plan which outlines the strategy for the statewide workforce development system to carry out the additional functions set forth in Section 101 of the law. These functions are as follows: The Board shall assist the Governor in: (1) the development, implementation, and modification of the Statewide Strategic Plan; (2) the review of statewide policies, programs, and recommendations on actions to align workforce development programs in the State in a manner that supports a comprehensive and streamlined workforce development system, including the review and provision of comments on the State s plans for programs and activities of one-stop partners that do not house core programs; (3) the development and continuous improvement of the workforce development system in the State, including: (A) the identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among the programs and activities carried out through the system; (B) the development of strategies to support the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment (including individuals with disabilities), with workforce readiness activities, education, and supportive services to enter or retain employment;

2 2 (C) the development of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system; (D) the development and expansion of strategies for meeting the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to indemand industry sectors and occupations; (E) the identification of regions, including planning regions, and the designation of local areas, after consultation with local boards and chief elected officials; (F) the development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, one-stop partners, and providers with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, jobseekers, and employers; and (G) the development of strategies to support staff training and awareness across programs supported under the workforce development system. (4) the development and updating of comprehensive state performance accountability measures, including state adjusted levels of performance, to assess the effectiveness of the core programs in the State; (5) the identification and dissemination of information on best practices, including best practices for: (A) the effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment; (B) the development of effective local boards, which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness; and (C) effective training programs that respond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an individual s prior knowledge, skills, competencies, and experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement into employment or career pathways; (6) the development and review of statewide policies affecting the coordinated provision of services through the State s one-stop delivery system, including the development of:

3 3 (A) objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in such section; (B) guidance for the allocation of one-stop center infrastructure funds; and (C) policies relating to the appropriate roles and contributions of entities carrying out onestop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in such system; (7) the development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including such improvements to: (A) enhance digital literacy skills; (B) accelerate the acquisition of skills and recognized postsecondary credentials by participants; (C) strengthen the professional development of providers and workforce professionals; and (D) ensure such technology is accessible to individuals with disabilities and individuals residing in remote areas; (8) the development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability; (9) the development of allocation formulas for the distribution of funds for adult employment and training activities and youth workforce investment activities to local areas; (10) the preparation of the annual reports; (11) the development of the statewide workforce and labor market information system described in the Wagner-Peyser Act; and (12) the development of such other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the State. (See Section 101(d) of the Workforce Innovation and Opportunity Act) Article III Membership In compliance with the membership provisions set forth in Section 101(b) of the Workforce Innovation and Opportunity Act, the Board shall be composed as follows: 1. Required State Members

4 4 a. The Governor b. A member of the Georgia Senate, appointed by the Lieutenant Governor c. A member of the Georgia House of Representatives, appointed by the Speaker of the House 2. Business Representatives, (Appointed by the Governor) a. A majority of the Board shall be representatives of businesses in the State. b. These representatives shall be individuals who: i. are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local board; ii. represent businesses (including small businesses), or organizations representing businesses that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the State; and iii. are appointed from among individuals nominated by state business organizations and business trade associations. 3. State Workforce Partners a. Not less than twenty percent shall be representatives of the workforce within the State, who: i. shall include representatives of labor organizations, who have been nominated by state labor federations; ii. shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the State, such a representative of an apprenticeship program in the State; iii. may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including

5 5 organizations that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; and iv. may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. b. The balance: i. shall include representatives of government, who: 1. shall include the lead state officials with primary responsibility for the core programs; and 2. shall include chief elected officials (collectively representing both cities and counties, where appropriate). ii. may include such other representatives and officials as the Governor may designate, such as: 1. the State agency officials from agencies that are one-stop partners but not responsible for core programs (including additional one-stop partners whose programs are covered by the State plan, if any); 2. State agency officials responsible for economic development or juvenile justice programs in the State; 3. individuals who represent an Indian tribe or tribal organization; and 4. State agency officials responsible for education programs in the State, including chief executive officers of community colleges and other institutions of higher education. Furthermore, the Board s membership shall represent the diverse geographic areas of the State and no member shall satisfy more than one of the membership categories. Article IV Appointment or Replacement of Members Board members shall be appointed pursuant to the appointment process set forth in Section 101(b) of the Workforce Innovation and Opportunity Act. Any member whose term expires shall be

6 6 replaced or reappointed in a timely manner and if such member is a representative of the business community, recommendations will be gathered from the business community in a timely manner. These recommendations may be submitted to the Chairman of the Board, who will forward such recommendations to the Governor s Office of Executive Appointments. Article V Term of Service The board members term of service shall be determined by the Governor. The Governor has set the initial term of appointment at three years. Each board member s term may be renewed at the Governor s discretion. It shall be the duty of the Governor to appoint members to fill all vacancies. A position on the Board is considered vacant the date a member s term expires or the date a member becomes ineligible, is removed, resigns, or dies. The replacement member s term shall begin on the date of appointment unless otherwise specified, and shall expire three years from the date of appointment. The Governor reserves the right to remove any board member at any time. Further, a member s absence from two consecutive Board meetings, without advance notification to the Chair and just cause for the absence, may result in the member s removal. If a member may be removed due to consecutive absences, the Chair shall provide such member written notice that removal may occur as a result of the member s absences. A member representing a state agency may assign a designee to represent him/her at Board meetings. This designee shall be a senior level staff member within the agency, preferably a direct report. Only one designee shall be named and the request shall be submitted in writing to the Chairman before the designee may represent the agency. The designee shall not have voting rights. Article VI Officers and Duties The officers of the Board shall consist of a Chairman and Vice-Chairman. The Governor shall select a Chairman and Vice-Chairman from among the private sector representatives. The terms of the officers shall be three years and may be renewed at the Governor s discretion. The Chairman shall preside over all board meetings and shall see that all orders and resolutions of the Board are communicated to the proper persons or entities for implementation. The Chairman shall execute all documents on behalf of the board. The Vice-Chairman shall perform the duties of the Chairman in the Chairman s absence and shall assume the Chairman s office should the office be vacated prior to the completion of the three year term.

7 7 The board may appoint such other officers as the business of the board may require, each of whom shall hold office for such period and have such authority to perform duties as are provided by the bylaws or as the board may determine. Article VII Committees The board shall have an Executive Committee which shall be composed of the Chairman, Vice- Chairman and six members from the board. The Chairman shall appoint the six Executive Committee members from the members of the Board and may appoint additional members as deemed necessary. The Executive Committee shall be responsible for coordinating and overseeing the activities of the Board and its other Committees to ensure the satisfactory performance of functions stipulated by the Governor, these bylaws, and all pertinent statutes and regulations. The Executive Committee shall also monitor and guide the administrative management of the Board. The Executive Committee shall act on the Board s behalf when the Board is not meeting. Any Executive Committee meeting in which any official business, policy, or public matter is formulated, presented, discussed, or voted upon by the committee shall adhere to the requirements of the Georgia Open Meetings Act. Fifty percent of the members seated on the Executive Committee shall constitute a quorum for the transaction of business. The Executive Committee may meet as often as it deems necessary. The Executive Committee shall make recommendations to the Board and exercise such powers as may be delegated to it by the Board. Any actions taken by Executive Committee shall be ratified by the Board at the next scheduled meeting. Any actions taken by the Executive Committee shall be immediately enforceable and remain enforceable until such time as the action loses the Board s endorsement. The Executive Committee shall act on behalf of the Board when quorums are not established at Board meetings. When the Executive Board acts on behalf of the Board due to a lack of quorum, the actions taken by the Executive Committee shall be the official acts of the Board. The Chairman shall have the authority to appoint standing or special committees for any legitimate purpose, at his/her sole discretion. A legitimate purpose is defined as one needed to achieve the stated and approved objectives of the Board. The term of any standing committee is contingent on the work of the committee and shall be determined by the Chair. The term of any special committee shall expire upon the completion of the task for which it was created, unless the need for its continued existence is justified.

8 8 Article VIII Meetings The Board shall meet at least quarterly. The regular meetings shall be held at a location to be designated by the Chairman, and such location shall be posted on the Georgia Department of Economic Development s Workforce Division website at least thirty days prior to the date of the meeting. The agenda for each meeting shall be made available upon request if request is made within fifteen calendar days of the scheduled date of the meeting. The Chairman may call a special meeting at his/her discretion. Notice of regular meetings, specifying time, date and location shall be provided, in writing or electronically, to board members at least seven calendar days prior to scheduled meetings and shall be conspicuously posted on the Workforce Division s website. All meetings shall be in compliance with the open meeting requirements set forth in Georgia s Open Meetings Act and those relevant provisions of the Workforce Innovation and Opportunity Act. Further, a record shall be made of all board meetings in accordance with the aforementioned Act. The date and frequency of meetings may be revised at the discretion of the Chairman except that meetings will not be held less frequently than quarterly. Special meetings of the Board may be called by the Chairman of the Board or by written request of a majority of board members. Notice of special meetings shall be provided to board members at least three business days prior to the special meeting and shall state the purpose of the meeting. Public notice of meetings shall be provided pursuant to the provisions of the Georgia s Open Meetings Act and the Workforce Innovation and Opportunity Act. The membership, projects and initiatives, upcoming meetings and other activities, and minutes of past meetings shall be posted on the Board s website. That website shall be at: The Board, which is a statewide board, may conduct meetings via teleconference as long as the meeting is conducted in compliance with the Georgia Open Meetings Act. In the event that a meeting is conducted via teleconference, all of the provisions of these bylaws, all provisions of the Georgia Open Meetings Act, and all relevant provisions of the Workforce Innovation and Opportunity Act shall still apply. Article IX Quorum Forty percent of the current members of the Board, of which fifty percent of the forty percent must be representative members of the business community, shall constitute a quorum for the transaction of business at any Board meeting. The members present at a meeting at which a quorum was determined to be present may continue to transact business until adjournment notwithstanding the loss of quorum during such meeting.

9 9 Article X Voting Each member shall be entitled to one vote on each matter brought before the Board for a vote. The action of the majority of the quorum present at any meeting shall be the action of the Board. XI. In all voting matters members shall adhere to the Conflict of Interest Policy, as stated in Article Article XI Conflict of Interest Pursuant to Section 101(f) of the Workforce Innovation and Opportunity Act, A member of a state board may not vote on a matter under consideration by the state board 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; or engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the state plan. A member s use or attempt to use his or her appointment to the Board to secure benefits, privileges, exemptions, or advantages for his or herself, any member of his or her immediate family, or any organization with which the member is associated shall not be allowed. Whenever a potential conflict becomes known to member, the member shall proceed as follows: 1. The member shall divulge the existence of and the reasons for the potential conflict and refrain from voting on or participating in discussions which relate to the topic. Such declaration and recusal shall be clearly noted in the minutes. 2. In the event that a member is unsure of whether their relationship to an issue constitutes a conflict, such member shall make their concern known before the discussion continues and before a vote occurs. The Board may then vote to determine whether the member s relationship to the topic constitutes a conflict. Their vote shall determine whether the member shall be able to discuss the topic and vote on the issue. This decision shall be reflected in the minutes. Article XII Rules of Order All meetings of the Board shall follow the rules of order set forth in Roberts Rules of Order unless otherwise provided for by these bylaws.

10 10 Article XIII Amendments of Bylaw The Bylaws may be amended, supplemented, or superseded only by the affirmative vote of not less than a majority of the members of the Board present, provided there is a quorum present and members were given at least ten calendar days written notice of such proposed amendments. Bylaws and amendments shall not conflict with existing federal or state laws, regulations or guidelines. The Bylaws and all amendments to them are subject to the approval of the Governor. Signature The undersigned hereby acknowledges and agrees to adhere to the foregoing bylaws and any approved amendments of such bylaws for the term of his/her service. Name (Print) Date Name (Signature) Date

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