Home Awards & Recognitions Calendar of Events Questions & Answers Grants Board Committees Board By-Laws Staff	Board By-Laws     Jefferson County Center for Workforce Development (July 2007) By-Laws       ARTICLE I Name   The name of the organization shall be the Center for Workforce Development, hereinafter referred to as the “Board”.   ARTICLE II Purpose   The purpose of the “Board” is to advance, through the leadership and strategic alliances of the Center for Workforce Development, a public workforce system committed to linking employment and education for economic development.   ARTICLE III Membership   Section 1: The voting membership on the “Board” shall consist of not more than forty-five (45) persons. The Youth Council shall consist of both voting and non-voting members.   Section 2:  The “Board” membership shall be in accordance with Section 117 of the Workforce Investment Act of 1998 (P.L. 105-220), hereinafter referred to as the “Act”.   Section 3:  The “Board” members shall be appointed and their term of office established by the Jefferson County Commission in accordance with the “Act”. Non Mandatory “Board” members shall be appointed for a term of up to three (3) years not to exceed two (2) terms. Should a member have a change in employment that alters the category in which the most recent appointment was made, said membership on the “Board” shall be terminated on the last day of the current program year or sixty (60) days, whichever occurs first. Any “Board” member that has a term expire shall continue to serve until a new appointment is made by the Jefferson County Commission. All members of the “Board” serve at the pleasure of the Commission and the Jefferson County Commission may remove any “Board” Member at any time with or without cause.   Section 4:  Section 111(f) of the Workforce Investment “Act” of 1998 states...the Local Workforce Investment “Board” (LWIB) shall ensure that no individual in a decision-making capacity, including “Board” members (whether compensated or not), shall engage in any activity, including voting on matters related to the provision of services or award if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (1) the individual, (2) any member of the individual’s immediate family, (3) the individual’s business partner, or (4) an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm or organization selected for award.  Each “Board” member is subject to the Conflict of Interest Statement shown in Attachment A to this document.     ARTICLE IV Vacancies and Removal   Section 1: Vacancies among the “Board” shall be filled by appointment by the Jefferson County Commission. Vacancies occurring among the Executive Committee or Officers of the “Board” during their term of office shall be filled for the unexpired term by a majority vote of the voting members as recommended by the Executive Committee.   Section 2:  The Executive Committee will review “Board” member attendance on an annual basis and report the results and any recommendations to the full “Board”.   Section 3:  In the event any individual member of the “Board” fails to attend three (3) consecutive “Board” meetings without good cause, the Jefferson County Commission could be notified in writing of these absences and the individual could be replaced.   ARTICLE V Roles and Responsibilities of Membership   The functions of the Local “Board” shall include the following from the Workforce Investment Act.   Section (1) LOCAL PLAN – Consistent with section 118, each local “Board”, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor.   Section (2) SELECTION OF OPERATORS AND PROVIDERS – (A)  SELECTION OF ONE-STOP OPERATORS – Consistent with Section 121 (d) the local “Board” and the Department of Economic Development (Workforce Development): a.      Shall designate or certify One-Stop operators as described in section 121 (d) (2) (A); and b.      May terminate for cause the eligibility of such operators. (B) SELECTION OF YOUTH PROVIDERS – Consistent with section 123, the local “Board” and the Department of Economic Development (Workforce Development) shall identify eligible providers of youth activities in the local area by awarding grants of contracts on a competitive basis, based on the recommendations of the youth council.   (C) IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES. – Consistent with section 122, the local “Board” and the    Department of Economic Development (Workforce Development):   a. Shall identify eligible providers of training services described in section 134(d) (4) in the local area.   (D) IDENTIFICATION OF ELIGIBLE PROVIDERS OF INTENSIVE SERVICES. – If the One-Stop operator does not provide intensive services in a local area, the local “Board” and the Department of Economic Development (Workforce Development) shall identify eligible providers of  intensive services described in section 134(d)(3) in the local area by awarding contracts through competitive bidding   Section (3) BUDGET AND ADMINISTRATION –   (A) BUDGET – The local “Board” and the Department of Economic Development shall develop a budget for the purpose of carrying out the duties of the local “Board” under this section, subject to the approval of the chief elected official. (President, Jefferson County Commission)   (B) ADMINISTRATION –   (I) GRANT RECIPIENT –   (1) IN GENERAL – The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of the grant funds allocated to the local area under sections 128 and 133, unless the chief elected official reaches an agreement with the Governor for the 112 STAT. 958 PUBLIC LAW 105-220 – AUGUST 7, 1998 Governor to act as the local grant recipient and bear such liability.   (II) DESIGNATION – In order to assist in the administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant sub recipient for such Funds or as a local fiscal agent. such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in sub clause (1).   (III) DISBURSAL – The local grant recipient or an entity designated under sub-clause (II) shall disburse such funds for Workforce Investment activities at the direction of the local “Board”, pursuant to the requirements of this title, if the direction does not violate a provision of this “Act”. The local grant recipient or entity designated under sub-clause (II) shall disburse the funds immediately on receiving such direction from the local “Board”.     (IV) STAFF – All staff at a full service one stop center will be employed through the Jefferson County Personnel System.  Staff at the other service centers may or may not be Jefferson County employees.   (V) GRANTS AND DONATIONS – The local “Board” may solicit and accept grants and donations from sources other than Federal funds made available under this “Act”.   Section (4) PROGRAM OVERSIGHT – The local “Board”, in partnership with the       Department of Economic Development (Workforce Development):  shall conduct oversight with respect to local programs of youth activities authorized under section 129, local employment and training activities authorized under section 134, and the One-Stop delivery system in the local area.   Section (5) NEGOTIATION OF LOCAL PERFORMANCE MEASURES – The Local “Board”, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c).   Section (6) EMPLOYMENT STATISTICS SYSTEM – The local “Board” and the Department of Economic Development (Workforce Development):  Shall assist the Governor in developing the statewide employment statistics system described in section 15(e) of the Wagner-Peyser Act.   Section (7) EMPLOYER LINKAGES – The local “Board” and the Department of Economic Development (Workforce Development) shall coordinate the Workforce Investment activities authorized under this subtitle and carried out in the local area with economic development strategies and develop other employer linkages with such activities.   Section (8) CONNECTING, BROKERING, AND COACHING – The local “Board” and the Department of Economic Development (Workforce Development) shall promote the participation of private sector employers in the Statewide Workforce Investment system and ensure the effective provision, through the system, of connecting, brokering, and coaching activities, through intermediaries such as the One-Stop Operator in the local area or through other organizations, to assist such employers in meeting hiring needs.   ARTICLE VI Executive Committee   Section 1.  The Executive Committee shall consist of the officers of the “Board”, the immediate past – chair and the chairs of the standing committees of the “Board”. The “Board” may appoint other members to serve on the Executive Committee upon recommendation by the “Board” Chair.   Section 2. The Executive Committee shall conduct the business of the “Board” for and on behalf of the “Board”, and shall, between meetings of the “Board”, exercise all powers and duties of the “Board”, which may be lawfully delegated.     ARTICLE VII Officers   Section 1:  The officers of the “Board” shall be a Chair, Vice-Chair and Recording Secretary.   Section 2:   Elections shall be held in the third quarter (August) at a meeting of the “Board”, at which time all elected officers of the “Board” shall be elected by the then constituted “Board.”  Officers shall assume office on September 1st.   Section 3:   All Officers shall be elected by the voting members of the “Board” and shall hold office for a term of two (2) years. In a given office, a member may serve two (2) consecutive terms to a total of four (4) years.  At the end of a term in a given office, a member may serve in another office.  All officers shall be voting members of the “Board”.   Section 4: The Chair of the “Board” shall be elected from the voting members of the “Board” who are representatives of the private sector as referred to in the “Act”. The Chair shall preside at all meetings of the “Board” and of the Executive Committee.  The Chair of the “Board” shall be an ex-officio member of all committees of the “Board”.  The Chair shall be responsible for the operation of the “Board” and may make or sign, on behalf of the “Board”, such agreements as arise in the ordinary course of business, and such other obligations as approved by the “Board”.   Section 5:  The Vice-Chair of the “Board” shall be elected from among the voting members of the “Board” who are representatives of the private sector. The Vice-Chair shall have all powers and assume all duties of the Chair in the event of the absence of the Chair.   Section 6:  All officers shall serve without compensation, but shall be entitled to reimbursement of reasonable expenses incurred in the performance of the business of the “Board”.   Section 7:  A Nominating Committee of four members shall be appointed by the Chair. It shall be the duty of this Committee to nominate candidates for the offices to be filled. The Nominating Committee shall report as needed and its annual report for the election of officers shall be included with the agenda materials.   Section 8:  The Chair shall be an ex-officio member of all committees, shall have general supervision of the management of the business of the “Board”, and shall see that all orders and resolutions of the “Board” are carried into effect.     ARTICLE VIII Committees   Section 1:  The Chair of the “Board” shall name such standing and temporary Committees, as may be necessary. The Chair shall appoint a Chair for each standing and temporary committee.   ARTICLE IX Meetings   Section 1.  Meetings of the “Board” shall be held at least quarterly. Except in the case of emergencies as determined by the Chair, “Board” members shall receive at least seven (7) days’ notice prior to regular meetings. All meetings shall be open to the public in accordance with the Sunshine Law.   Section 2:  The regular meeting in third quarter (August) shall be for the purpose of electing officers and for any other business that may arise. The regular meeting in August shall be known as the annual meeting and shall be for the purpose of receiving reports from officers, committees and staff, and for any other business that may arise.   Section 3:  Special meetings including emergency meetings can be called by the Chair or upon the written request of five members of the “Board”. The purpose of the meetings shall be stated in the call.  At least one (1) days’ notice shall be given.   Section 4:  One-third (1/3) of the members(less vacancies) shall constitute a quorum at “Board” or committee meetings.  “Board” or committee action shall require a simple majority of those members present during a meeting at which a quorum is present.  The Chairperson may determine the method of voting, except that any member may request individual polling.  Secret balloting shall not be allowed.   Section 5:  Meetings of all standing committees, including the Executive Committee, shall be called by the chair of the committee.   Section 6:  Meetings of the “Board” shall be conducted in accordance with the most current edition of Roberts Rules of Order in which they are not inconsistent with these bylaws or any special rules of order the “Board” may adopt.     ARTICLE X Voting   Section 1:  All voting members are entitled to one (1) vote each. The Chair of the “Board” shall refrain from voting except, in the case of a tie vote, the Chair may cast the deciding vote or abstain.   Section 2:  Any voting member, except the Chair, may designate, in writing, one alternate to represent the member at both plenary and committee meetings. Alternates shall be approved by the Executive Committee and, upon approval, shall have full voting privileges for the voting member.     ARTICLE XI Consent to Action   The written consent of the “Board” members, setting forth the action so taken, shall be valid and effective in all respects as if passed by the “Board” in a meeting where a quorum of the voting members were present.     ARTICLE XII Amendments of Bylaws   These By-Laws may be amended by a majority vote of the then constituted voting members of the “Board” at any meeting duly called and where a quorum is present. Any amendment to the By-Laws must be consistent with the “Act”.   ARTICLE XIII Fiscal Provisions   Section 1:  The “Board” shall have prepared for each annual meeting a summary financial report of the business and condition of the “Board”.   Section 2:  The “Board” shall indemnify and hold harmless the directors, officers, and employees of the “Board” from any damages arising from actions taken in their official capacity to the fullest extent allowed by the laws of the State of Alabama. Any director, officer or employee of the “Board” seeking indemnification under this section shall notify the “Board” in writing promptly after any incident or situation giving rise to the need for indemnification and provide such information as may be reasonably required by the “Board” in evaluation of such claim. In no event shall the “Board” be liable for any attorney’s fee or expert witness or investigation fees incurred by a covered director, office or employee without the “Board’s prior written approval.       These By-Laws are hereby adopted by a majority of the voting members on this the _________ day of _________________________, 2007.   ATTACHMENT A   CONFLICT OF INTEREST POLICY CENTER FOR WORKFORCE DEVELOPMENT       I.                   GENERAL POLICY STATEMENT   When an appointed member of the Center for Workforce Development has a personal or private interest in a proposal or decision pending the Local “Board”, the member must publicly disclose the fact to the “Board” Chair in an open meeting.  A member should avoid even the appearance of a conflict of interest.   Specifically, as provided in Section 117(g) of the “Act”, a member may not:   1.                  Vote or participate in discussion 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   2.                  Engage in any other activity determined to constitute a conflict of interest as specified in the local Plan;   3.                  Use or attempt to use the appointment to secure benefits, privileges, exemptions or advantages for the member, members of immediate family, or an organization with which the member is associated which are different from those available to a member of their business classification, profession or organization.   For purposes of this policy, “immediate family members” includes spouse, son, son-in-law, daughter, daughter-in-law, mother, mother-in-law, father, father-in-law, brother, brother-in-law, sister, sister-in-law, aunt, uncle, niece, nephew, step-parent, step-child, grandparent, and grandchild.   II.      CODE OF CONDUCT   This Code of Conduct sets forth standards governing the conduct of members of the “Board” and any officers, employees and agents of the Local “Board”, who significantly participate in the development of contract specifications, standards and award of contracts or other goods and services approved by the “Board”. 1.                  Declaration of possible conflicts: Any “Board” member with a potential or actual conflict of interest must disclose that fact to the “Board” (or the Executive Director) as soon as the potential conflict is discovered and, to the extent possible, before the meeting involving the issue to be discussed.  If it should be determined during the meeting that a conflict of interest exists, the member must verbally declare such conflict of interest, such declaration must be clearly noted in the minutes, and the member must excuse him/herself from the remainder of the discussion and voting.   2.                  Abstention from participation: No “Board” member or Workforce Development employee, officer, or agent including the immediate family thereof, will participate in decisions about contracts with the organization he or she represents or from which they receive direct financial benefit.  Participation includes discussion, lobbying, and rating, recommending, explaining, or assisting in the design or approval of the procurement process.   3.                  Sanctions: Violation of this Code shall be determined by a Grievance Subcommittee of the “Board” as appointed by the Chair.  After a hearing, the Subcommittee will recommend appropriate actions.   Willful violations by a “Board” member may result in removal from the “Board”, and if the “Board” decides it is the best interest of the Workforce Development Division, termination of the questioned contract.
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