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HomeMy WebLinkAboutMINUTES - 02262008 - C.92 � -`•off' -- n ra.. . TO: BOARD OF-SUPERVISORS '�,.• ROM. INTERNAL OPERATIONS COMMITTEE. Costa FEBRUARY 11 �;o•= =_ - ~ s7,q----- un COU SUBJECT:. :-- CHANGES TO. THE WORKFORCE.DEVELOPMENT BOARD BYLAWS REQUEST(S)OR RECO ATION(S)&BACKGROUND AND JUSTTFTCATTON RECOMMENDA 11O : APPROVE specified amendments to the: Workforce Development Board Bylaws regarding membership and.quorum.-requirements in:response to new legislation that required the addition of seats to the WDB. BACKGROUND: The Legislature.last year passed SB 293, which significantly increased the number.,of seats that must.be -on our�-local Workforce.Development'Board. The mandated changes necessitate modifications to the �VDB• bylaws (attached for .reference). The Internal Operations Committee reviewed the proposed changes at its February 11,'200 8 meeting and recommends approval. CONTINUED ON ATTACHMENT: YES SIGNATURE: 001, ------ --------------------------------------------------------------------------- ---------------- - ------------- - --- -- ---------- R MMENDATIONT OF-COUNTY AD' ITNDTSTRATOR ECOMMENDD TT NOF BOARD COMMT'TTEE APPROVE OTHER SIGNTATURE(S): Coe SUSAN A. BONILLA,CHAIRjjKYLE B.-U KEMA ACTION OF BOARD ON APPROVE AS RECO NEED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN _UNANLL OUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE•DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED: FEBRUARY 26,2008 CONTACT. JULIE ENEA(925)3 3 5-1077 JOHN CULLEN;CLERK.OF THE BOARD OF SUPERVISORS AND COUNTY ADiVIEi ISTRA T OR -CC: INTERNAL OPERATIONS COIVIlVIITTEE STAFF AUDITOR-CONTROLLER BY --r-PPUTY 9L 9EVELO Qa s DATE: November 3,.2007 TO:: Executive Committee FROM: Linda.Chandler;Staff..: RE: Resignations, Appointments, and- Ongoing' Recruitment 1 The Executive Committee is'now structured to review all resi nations appointments, and ongoing g r pp r g recruitment. This staff reports "puts forth.the resignation of KatY. Riker, Business Seat # 3. Katy has accepted.another position inSouthern California and has relocated. This report also brings g forth the application for,"Chuck Carpenter, .lob Corps. He will replace Brendan Kenny who had previously resigned, and will filli,one-Stop Mandated Partner Seat#8. Also included is-the. current recruitment activity and vacancies. A. BACKGROUND AND. DISCUSSION The Workforce Investment Act-calls for a.business majority. Our Board continues to recruit key to fill these positions. Cour bylaws call for various mandated.seats including one specific to each partner mandated under the Workforce,Investment Act. Because these seats-are, mandated, appointees are consider Ex-Officio" and do not-have term limits.. CURRENT SITUATION 'in order to fulfill-the requirements of S13293, our.board size will :increase to accommodate 15°/0 labor while still retaining a business majority. This overall will increase our board size to 45 members. Of these, 23 are business seats. Weresentl p Y have' twenty, seats for business with five openings. Therefore, we have a total of 8 open business seats. In addition, labor will-occupy 15% of the seats, bringing the total labor seats to seven. We presently have.two. Therefore we have a total of five open labor seats. All-other seats are presently filled. Staff has met with Pam Aquilar, Central Labor Council, and discussedp otential.labor union representation and the process for application. Staff has sent packets to representatives at both Safeway'and Armanino. McKenna Media Group, and has met recently with an independent agent representing of New York Life. Staff continu"es to actively seek high level.applicants for. the Board. SCHEDULE Action on this item will move the recommendation to review and appointment b the . _ pp. Y Board of Supervisors at.their earliest calendaring. .ln addition, the bylaws and this staff report that address the additional seats required under SB293 will be sent to the BC S for approval. PFRF()RMANC'F R"01 JAI ITY,t SM IPAWF C OMMITTFF PACF 1 OF i Ar.FNI)A ITFM Da -.j -u i version vele ck Ala. . WORKFORCE DEVELOPMENT BOARD OF . :CONTRA COSTA COUNT' BYLAWS ARTICLE I-NAIVE The name of this organization shall be the Workforce Development Board(WDB)of Contra Costa County. ARTICLE II-SCOPE AND RESPONSIBILITIES As set forth in the Workforce Investment,Act of 1998 and actions by.the County Board of Supervisors,the responsibilities of the WDB are: A. Develop and submit a local workforce investment plan to the Governor,`in partnership with the County Board of Supervisors. B.: With the agreement hof the County Board of Supervisors,designate one-stop opemtor(s) and terminate the eligibility of such operators)for cause; identify eligible provider(s) Of youth activities-in the Contra Costa.County Workforce Service Delivery Area(SDA) by awarding grants or contracts on a competitive basis,based"on recommendations of the Youth Council; identify eligible providers of training services for adults and; dislocated workers; and identify eligible providers of intensive services by awarding' contracts which may be on a competitive basis if the one-stop operator.does not provide such intensive services in the SDA. C. Develop a budget for purposes of carrying out the duties of the WDB subject to the: approval of the County Board of Supervisors. The WDB may solicit.and accept grants. and donations from sources other than federal fumds. D. Inpartnership with the County Board of Supervisors,conduct oversight with respect to local programs of youth activities and local employment and.training activities for employers,adults,and youth at the one-stop centers in the SDA. E. Negotiate and reach agreement on Workforce.Investment Act.local performance measures with the County Board of Supervisors and the Governor, and certify comprehensive One Stop Center(s). 6--U l version Deteteci: F. Assist the Governor in the development of a statewide employment statistics system (e.g.;labor market information system pursuant to the.Wagner-Peyser Act). G. Coordinate workforce development activities-carried out in the SDA with economic development strategies and develop.other.-employer linkages. H. Promote the active participation of tlie private sector,n the local workforce investment f Deleted:employers system. I. Deleted:Oversee Ca1WORIrS policy to ensure that the county's workforce development strategies reflect the needs of those striving to enter or re-enter the I j work once and leave public assistance,as well as ensure that CaIWORks policies f ARTICLE Ill=MEMBERSHIP are consistent with the county's overall f workforce development strategies. A. Members"of the.`�B shall.be appointed for fixed and staggered terms by the County Board of Supervisors in accordance with federal and state law,and as further described l below in paragraphs J.and K Deleted:<#>Members shall serve until The DB,may change the size and composition of its membership; subject to two•' thea successors are appointed.( �W thirds vote of its.members,so long as any change,made does not conflict with federal, Deleted:Subsequ.eat to the establishment of the first WDB by the State or.local law. County Board of Supervisors,the WDB itself shall determine and maintain the size of its membership subject to C. The majority of the.WDB membership shall be owners of businesses, chiefi l'. applicable federal and state law. � executives or operating officers of businesses, and other business executives or Formatted:Bullets and Numbering employers 'with optimum, policy-making or hiring authority, and 2) represent Deleted:be -businesses with employment opportunities that reflect the employment opportunities of Formatted:Bullets and ltiumberinq the local area. VTDB membership-shall include small businesses and minority-owned and women-owned businesses. ; D. The non-business membership"shall include members representative of categories sets ,Formatted:Bullets and Numbering forth 'in Workforce Investment Act and related federal, state or local law. Representatives shall be individuals with optimum policymaking authority within the organizations,agencies,or entities they represent. E. Business members shall.comprise at least fifty percent (50%) plus one of the WDB� I Formatted:Bullets and Numbering- members. F. Members of the WDB shat! either reside in or be- representative- of businesses"4 Formatted:Bullets and tiurnbenng organizations or agencies located within the,,SDA. 17 2 f -u version G. The members of the VVDB shall be reimbursed for mire for their attendance atm Formatted:Bullets and Numbering meetings in accordance with County travel reimbursement policies,.if-not otherwise reimbursed by their employer or by another source. A member shall make a-request for reimbursement to the WDB Executive Director. H. Members attending pre-arranged outside special functions on behalf of the.WDB- Formatted:Bullets and Numbering shall be reimbursed for expenses in accordance with County travel reimbursement Policies,if not otherwise reimbursed by virtue of their job or by another source. I. Members shall serve for a_term of our ears, and may serve up to Iwo successive{ (Formatted:Bullets and Numbering aur-year terms,except as provided for in Article a sections J an The aur-year Deleted:two term shall begin on the.effective.date of appointment and end on the aurti3 June 30 Deleted:except as provided for in date following appointment,except as provided for in Article ICI,.sections-J aid t Article III,section J, Deleted:three F J. The County Board of Supervisors shall appoint members to fill unexpired terms of less.O. Deleted:two j than fou r ears and incumbents may be reappointed for up to xo successive terms. A Deleted: z. 4 member may not be reappointed to a successive full our-year termunless he or Deleted:two j she represents a required partner in the one-stop system.as defined in the.Workforce deleted:second Investment Act,or as prescribed by state or county actions. — _-- Deleted: J . K. An members of the DB.appointed or elected to a state or nationall associated (Formatted:Bullets and Numbering y C ) Pp y ., , .... WDB organization/committee requiring active local membership and participation, Deleted: a whose WDB term(s) expires after such election or appointment may:have his/her Deleted:three allowable--term extended by a vote of the WDB,for the duration.of his/her service on Deleted:fourth that state or national organization/committee. The last WDB Chair may serve on the Deleted:two s :WDB for more than the Iwo full our- ear.terms when the.extra.time is necessary to �Formatted:Bullets and Numbering � allow the Chair to complete two full termsi n office as the WDB Chair and one year as Deleted:three the immediate Past Chair. An' extended- member shall maintain all regular member Deleted:two j t ..................... rights and responsibilities of service on the Vv DB. ARTICLE IV-TERMINATIONS Any member may be terminated from membership, on the.WDB by one of'the following.. actions: A. Resignation.. ,F -t.b-u t version Dele 3 07 ted:s-2 j B. Failure to attend three consecutive regularly scheduled full WDB and/or cominittee meetings.. excessive e'xcused absences from reUllarly scheduled WDB and/or committee.nneetmas or failure.to resign when he/she ceases to be a representative of the group from which.he/she was.selected.. Said conduct shall automatically be reviewed--by the WDB. Executive Committee, which in turn shall present a recommendation to-the.WDB. A maiorit,1 vote;of the WDB membership is needed to I�I Deleted: percent(50%)rounded- up,plus one(1) affirm the recommendation.' C. For conduct,activities.or interest detrimental to the.purpose of the WDB.,,Said conduct i Deleted:or for excessive excused absences from regularly scheduled IS subject to review by the Executive Committee, which in turn-'shall present a meetivas. recommendation to the WDB. A jnaiority vote of the WDB membership is needed to Deleted:fifty percent(50%)rounded- 1 • . aff-1rm the recommendation. up,plus one(1) ARTICLE V OFFICERS AND DUTIES A. The number of officers shall be determined by the WDB. At a minimum,there shall be :aCh and-Vice-Chairperson. Any two officer positions, except those of the Chairperson and Vice Chairperson,may be held by the same.person. B. . .The Chairperson.shall.preside at all WDB meetings,represent the WDB whenever the occasion demands, appoint nieinbers to committees, and,call special.meetings,at any, Deleted:all :time necessary.' C. The Vice-Chairperson shall assist the Chairperson as directed by the latter and shall assume all the obligations and authority.of the Chairperson in the absence of the latter, and shall Chair the Executive Committee. D. The Chairperson and Vice.Chairperson of.the WDB shall be selected from among members of the WDB who are representative of the business sector.. In the event that there is not a permanent Vice Chair,the Chair shall appoint a Vice Chair on a quarterly rotating.basis.In making such appointments,,the Chair will give preference to eligible Committee Chairs or Vice Chairs. E.' Any officer may be removed from office by the affirmative vote of fifty percent(50%) rounded-up, plus one (1) of the full membership for conduct, activities or interest Article IV,,section C. detrimental to the interest.of the WDB,in accordance with i �y �d-Ui version 00 102. 7 ARTICLE VI-ELECTIONS A. A Nominating' Committee shall be convened each.January. The Nominating Committee shall be chaired by the Immediate Past Chairperson who shall appoint at w` least two (2) other Board members, a majority'.of whom shall represent the business community. In the event the position of Immediate Past Chairperson is vacant, the Chairperson shall-appoint the Chair of the Nominating Committee. B. A report from the Nominating.Committee on selection of officers shall,be provided to the members iri.March and made available to the public. C. Nomination of officers shad be held each May at the regularly scheduled full WDB meeting. Officers shall be elected by a majority vote of the members present: Nominations shall be..forward to the Board of_Supervisors for.formal:appointment. Terms of office shall begin at the beginning of each fiscal year: D. Officers'terms shall be a nutnum of one year or as recommended by the nominating committee and approved by the.full WDB. ARTICLE VII-VACANCI[tS j A. The WDB oi- its" Executive Committee shall review scheduled and unscheduled membership vacancies as they occur as to appropriateness and need to appoint a replacement. The Committee shall consider applicable federal and state membership.: guidelines in formulating-a:recommendation for review by the WDB.:A jiialor-itV vote. Deleted:vote of fifty percent(50%. rotmded-up,plus one(1) pembers presei t is'needed to affirm the recommendation. Deleted:.of the WDB B. The. WDB Chairperson shall report to the County Board of Supervisors any Deleted:hip scheduled or unscheduled 'membership vacancy as it occurs, at.which time the WDB's. replacement recommendation may be made to the County Board of Supervisors following a ten-day public announcement period conducted by the County Clerk's Office in accordance with the rules of.the County Board of Supervisors. C. A vacancy in any officer position may be filled by the WDB for the unexpired term of the position by a majority vote of the members attending a called meeting_. Deleted:or a regulart,scheduled WDB meeting wherein a quorum is present. D. Nominations forappointment to the WDB` shall be .made in accordance with the Workforce Investment Act..Nominees will be presented to the Board of Supervisors'. Operations Committee by .the WDB for review and advancement to the Board of Supervisors for appointment to the WDB. . . I -_E?5 U t version ueieteci:D-«-ut ARTICLE VM:DUORUM'REOUT.REIrl.E3tiT :. Deleted: j eleted:VOTING A. Fifty percent (50%) rounded-gp less three (3) of the eligible voting members will Deleted:up, constitute a quorum of the full`WDB.In interpreting.this bylaw, it has:been the intent of the Workforce Development Board of Contra Costa.County that the term"eligible voting members" as used:in this Bylaw refers only to members in-seats that.are currently filled. For example,: while.34 seats are filled a quorum will be 14. If a quorum cannot be established. withiji 15 minutes sof scheduled meeting time, and ::.Deleted:after j certain agenda items must be acted upon before the next WDB meeting,a.40 percenti attendance of eligible voting anembers will constitute a quorum to act.on necessary, agenda items only.. In the absence of 40 percent rounded-up,Tess three attendance,the meeting shall be adjourned 15 minutes afterscheduled meeting time provided that : entire V�TDB has been given proper notice as stated in these bylaws.' When issues arise that require members to.recuse themselves from the voting process,this action will not count against the quorum count. B. w h ell A.q Lj o ru in is peseta:leach regular voting member shall have one(1)vote when Deleted:E �J present and no proxies:or absentee votes shall be permitted.. C. -,except for the Executive Committee,stand i n,gommittees require a minimum of h ree Deleted:on matters requiring a vote of .votin members c r the disc�•eti oil 0 i the general membership, C)� g f the con�n�lttee chair(s)to constitute a quorum 1 . ... nuu rec oendations for contractor funding to transact business or vote on committee matters, as defined 1n' Article ,iIII on require atwo-thirds(2/3)affirmative vote „ tlGk€"LImeC : of the members voting at any meeting at . tl}rellel�t5which there is a quonim All other business,except as provided for in Articles M.section C,requires a majority vote of the members at any meeting ARTICLE Ix CO ES wherein a quorum i.s present.¶ A. The WDB Chairperson may establish Standing Committees, Ad Hoc Committees and Deleted:c � Advisory Panels as necessary_and shall designate the chairpersons. Deleted:two - Deleted:? �� J B. The size and purpose of each Standing or Ad Hoc Committee shall be determined by Deleted: the Committee Chairperson,in consultation with the VMB Chairperson..Every effort shall be made to ensure that each Standing committee is comprised of five(5)or more Deleted:Iv members of.the)DB,the-maj ority of Nk,h o are representative of the-business sector. voting Deleted:whom i 1 - - I vel 51us I -_. - ____. C: There shall be an Executive.ComYnittee composed, of the WDB Chairperson, the Vice-Chairperson, and a past Chairperson, either one .(1) to two (2) voting members-at-large, and the Chairpersons of Standing-Committees. In the.event a past Chairperson is not available,the Chair may appoint an additional member-at-large. At least .ffify percent (So%) plus one of the Executive Committee members shall be representatives of the private sector. D. The Executive Committee shall meet monthly at a regularly scheduled time and is - authorized to act on behalf of the workforce Development Board_on those matters delegated to it by the WDB.,For those matters not delegated to it by.the WDB, the Executive.Committee is authorized to meet and act on behalf of the Workforce f Development Board at such times asmay be determined necessary by .theChairperson, provided that such actions taken.by the Executive Cornmittee shall be ratified by the TDB at.its next regularly scheduled meeting..A quorum of the Executive Committee shall consist of f i ftv percent(S o%)plus one(1)of the Executive Committee members. Deleted:of ffry The responsibilities of the Executive Cor=ittee shall include: ■ Setting WDB agendas ■ pl-o��ing annul budgets and forwarding to the WDB for -e�TieNxJ: Deleted:Developing rt � b --. yearly 1 ■ Hearing all budget related matters and forwarding appropriate items..to-the, - Deleted:approval ' IDB - Developing and implementing the WDB's.yearly public relations plan ■ Developing legislative/advocacy platforms and position statements ■ 'Developing operational and policy.objectives for the Fiscal Year activities of . the V*DB ■ leC(JI'I1I3iendltig nielnfel-sliip appointments and resignations front tl�e �i'DB tom Formatted:Bullets and Numbering the Board of SUI)CM/isors as iiecessary DOTE: Formal litnt.ions of fuildina re Uil-e/) vote of the nienibers resent. At least once a year the Committee will be charged with examining the previous year's work plan and making adjustments as necessary to allow the Workforce Development Board to continue to-work. towards reaching its strategic goals: The Executive Committee will coordinate committee activities,review committee reports and provide recommendations and advice-to�to the WDB­on on all-matters within the jurisdiction of the bylaws. E. There shall be-.a Youth Council established. in. accordance to the Workforce Investment Act to plan.for a comprehensive year-round youth services,system and carry out those duties required under the Act. Formatted:Indent:Left: 0.3" 7 . i - _ 1 ` l -U I VerSloil ( Deleted:5-23-07 Membersill t Y OUtll COUncil nienibers shall sen-le. for a term of tN.N,o dears.at.id mav- Formatted:Indent:Left: 0.5" sei je Lip to three sLrccessiVe txvo-wear terms. ekee t as proVided fol- in Article lll., sections J and K. Tlie tiro-•ear term shall begin., Oil the effective date of a poiiitn'ent and ed o�tl-ie second JLre 3O date followillaintnent. except as rovided for in Article III. sections J and K. Voti I10': �'oU01 COUnci l neem bers. Wlio are not Workforce hoard members, are ��ot N,`oti nn e�� tiers of the\N orl;force board: Recrtfitillellt: `OUtil COLInCil members ciia�;- recomnieiid potential candidates to sg_n-le Oil tile 'o�ctll Council cil by L�sill�the ct171-ent�'orkfO�-ce Board reci111ts��ent process. Deleted:¶ J. ►RTICLE X-RULE O PROCEDE ed: age . De et Break A. -All meetings of the WDB and its commiitees shall be guided by the current edition of Roberts Rules of Order,Revised, B. The WDB shall be governed in its activities by all applicable laws, regulations and_ instructions. ARTICLE-XI-MEETINGS AND MEETING NOTICES A. Meetings'of the WDB-of Contra Costa County may be held anywhere within'the county, as determined by the officers and staff of the WDB, at.which reasonable accommodations for the disabled shall be provided. B. Regular meetings of the VDB shall be held at least once each calendar quarter, and shall be conducted accordance With all applicable federal,state and local laws. C. Notice of regular meetings of the.WDB and its committees shall comply,with applicable local and.State meeting laws and shall be mailed,e-mailed;or faxed to each representative. The mailing shall include,at a minimum,the agenda for the upcoming meeting and the summary minutes of the past meeting. D. Special or emergency meetings of the wDB nay be called at any time by the Chairperson,the Executive Committee,,or upon written request of at'least a majority of WDB members. Notice of a special or emergency meeting will include the time,daze, place,andpurpose. The notice,time permitting, shall.be not less than:three working days before such meeting-date. All meetings'will be subject to the,Brown Act.