~ Bylaws ~
ARTICLE I AUTHORIZATION, PURPOSE AND FUNCTIONS A. AUTHORIZATION: The Mendocino County Workforce Investment Board, hereinafter referred to as the WIB, is established under Section 117 of the Workforce Investment Act of 1998, Public Law 105-220, hereinafter referred to as WIA. The Mendocino County Board of Supervisors by Resolution 00-015 on January 4, 2000 designated the Mendocino County Workforce Investment Board as its agent to fulfill the mandates of WIA. B. PURPOSE: The purpose of the WIB is to set policy for the Mendocino County workforce investment system in coordination with statewide workforce investment efforts. C. FUNCTIONS: The WIB has the responsibility to set policy for the workforce investment system in Mendocino County. The Mendocino County Board of Supervisors appoints members to the WIB. The functions of the WIB are as follows: 1. The WIB, in partnership with the Mendocino County Board of Supervisors, shall develop and submit a local workforce investment plan for Mendocino County. 2. The WIB shall select the following operators and providers: a. With agreement of the Mendocino County Board of Supervisors, the WIB shall designate the operator(s) of Mendocino County's One-Stop Centers. b. The WIB shall identify eligible providers of youth services by awarding grants or contracts on a competitive basis, based on the recommendations of the Youth Council. c. The WIB shall identify eligible providers of core and intensive services in Mendocino County. d. To the extent that core and intensive services are not offered by the designated Mendocino County One-Stop Operator(s), the WIB shall identify other eligible providers by awarding contracts. 3. The WIB shall develop a budget to carry out its duties. Such budget is subject to approval by the Mendocino County Board of Supervisors. 4. The WIB, in partnership with the Mendocino County Board of Supervisors, will conduct oversight of local programs of youth activities authorized under the WIA, employment and training activities authorized under the WIA, and the Mendocino County One-Stop Career System. 5. The WIB, the Mendocino County Board of Supervisors and the Governor of the State of California shall negotiate and reach agreement on local performance measures under the WIA. 6. The WIB shall coordinate the workforce investment activities that are authorized under the WIA and carried out locally, and shall develop other employer linkages with such activities. 7. The WIB shall regularly convene the Partnership Council, a gathering of partners within Mendocino Works. The WIB acknowledges the Council's role as the primary operational entity within the One-Stop system, and accepts its capacity to review and recommend policies and operational procedures that minimize duplication of effort, encourage coordination, maximize available resources, guide development of service delivery systems, and develop improvements to the One-Stop system. 8. The WIB shall promote the participation of private sector employers in the statewide workforce investment system and ensure the effective provision of services to assist those employers in meeting hiring needs. 9. The WIB shall meet all other applicable laws and regulations when directed by the California Workforce Investment Board or its administrative agencies. ARTICLE II MEMBERSHIP A. NOMINATION OR APPLICATION FOR MEMBERSHIP: Nomination or application for membership on the Workforce Investment Board may be made directly to the Board of Supervisors. If an individual submits an Appointment Interest Application to the Workforce Investment Board, that application will be forwarded directly to the Board of Supervisors for consideration. B. MEMBERSHIP CATEGORIES AND APPOINTMENT: 1. As authorized under the WIA and Resolution No. 00-015 of the Mendocino County Board of Supervisors, membership of the local WIB is established to be composed of 38 members categorized as follows: a. 21 business members (business members shall comprise not less than 50 percent plus one of the membership of the WIB); b. 16 mandatory members representing the following categories: * Education agencies * Labor representatives * Community-based organizations * Economic development agencies * One-stop partners not represented in other categories; and c. 1 member representing the One-Stop Operator. 2. CRITERIA FOR MEMBERSHIP: a. Representatives of the business sector should be in positions which include policy making and hiring authority and be nominated or recommended by local business entities or trade associations. Business member candidates will be sought among the 10 largest non-governmental employers in Mendocino County, from among minority-owned, woman-owned, or home-based businesses and from geographically diverse areas of the county. b. Representatives of the education community should be nominated by Mendocino County educational agencies, particularly community colleges and secondary schools. c. Representatives from the labor community should be nominated by local labor federations, trade and service unions, and employee associations with preference of appointment given to representatives of labor federations and trade and service unions. d. One-Stop community-based organizations may each nominate a member to the Board and that member when appointed will be considered a community-based organization member. Additional community-based organization members may be appointed from other Mendocino County organizations which provide job development or retention services or fill identified voids in the local workforce investment system. e. Economic development agency One-Stop partners may each nominate a representative to the WIB and that representative will be considered to be an economic development category member. f. One-Stop partner members should be nominated by One-Stop partner organizations in accordance with ARTICLE II, B.1.b above. C. TERMS OF APPOINTMENT: 1. A member's initial term of appointment shall be two years from the adoption of these bylaws. 2. After the initial two-year term, which ended June 30, 2002, appointment or reappointment of members shall, at the discretion of the Mendocino County Board of Supervisors, be for either one- or two-year terms. 3. A member appointed to fill the vacated position of a resigned member shall assume the term of the resigned member. D. CONFLICT OF INTEREST: 1. Voting. No member of the WIB shall vote on a matter under consideration by the local board a) regarding the provision of services by such member (or by an entity that such member represents); or b) that would provide a direct financial benefit to such member or the immediate family of such member. No member of the WIB shall engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the State plan. * However, if determined appropriate by the Office of the County Counsel, County of Mendocino, members of the WIB may vote on the overall Workforce Investment Plan even if that Plan could provide funds to an organization which a member represents. a. For purposes of this ARTICLE, "any matter that has direct bearing" shall include policy and funding decisions that affect any organization in direct competition for funding with an organization such member represents. b. For purposes of this ARTICLE, "represents" shall include the following types of affiliation: director, board member, advisor, paid consultant or employee. WIB members shall make every attempt to avoid personal conflict of interest in awarding financial assistance and in the conduct of procurement activities involving funds under the Act. 2. Disclosure. In order to avoid conflict of interest or the appearance of such conflict, each member shall comply with any conflict of interest code adopted by the WIB and the Board of Supervisors. In addition, members shall submit to the Chair for reading into the minutes a list of his or her pertinent affiliations as described in ARTICLE II, D.1.b. above. Such a list shall be submitted at the member's first full WIB meeting following his or her appointment, and annually the Chair will call for submission of changes to affiliations to be read into the minutes of a full WIB meeting. 3. Record of Abstention. Minutes of meetings shall record the abstentions of members who are prohibited from voting due to conflict of interest. 4. Application. These prohibitions shall apply to regular, special, and committee meetings of the WIB. ARTICLE III REMOVAL AND RESIGNATION OF MEMBERS A. REMOVAL OF MEMBERS: Members may be removed for cause or because of absence with the following criteria: 1. Removal for Cause: Cause shall be defined, as determined by the WIB, that the member is unable to effectively represent the categorical seat to which he/she is appointed due to change of employment or status that substantially alters the member's qualifications that were present and considered in making the initial appointment. 2. Removal for Absenteeism: Members may be removed from membership on the WIB if the member is absent from more than three (3) consecutive regular committee meetings or three (3) consecutive regular full meetings of the WIB. A member with a substantial pattern of absences, however varying from the absence pattern noted in this section, may be removed from membership. The Chair of the WIB shall recommend to the WIB the removal of any member(s) based on cause or absence, other than the absence of three (3) consecutive meetings, which will be governed as outlined in ARTICLE III, B. 2 below. Removal of a member shall require a majority vote of the WIB where a quorum is present. B. RESIGNATION OF MEMBERS: 1. Resignation of WIB members should be effected by a written letter of resignation submitted to the Chair of the WIB and to the Mendocino County Board of Supervisors. 2. If a member is absent from three (3) consecutive regular meetings of the WIB, without notification as specified in ARTICLE IV, and after a good faith effort by the Chair of the WIB to contact the member regarding the absences, the member shall be considered to have resigned. The Board of Supervisors shall be notified of the resignation and a request made to fill the vacant position. C. FILLING OF VACANCIES: Vacancies created by the removal or resignation of members shall be filled for the remainder of the member's term using the provisions described in ARTICLE II, Section B, Paragraph 2, (a through f) as appropriate. ARTICLE IV DUTIES OF MEMBERS A. ATTENDANCE: Members shall attend meetings of the WIB and of committees to which they have been appointed. The Executive Committee shall routinely review member attendance at WIB and committee meetings. B. NOTIFICATION OF ABSENCE: Members shall notify the Chair of the WIB of any expected absence for a meeting by 5:00 p.m. of the day before the meeting, indicating good and sufficient reasons for the absence. Such notification may be made directly to the Chair of the WIB or through WIB staff. C. SERVICE ON COMMITTEES: Each member of the WIB shall be appointed to and serve on committees as necessary. ARTICLE V MEETINGS AND ACTIONS A. SCHEDULE OF REGULAR MEETINGS: 1. The WIB shall, at its first meeting of each year, adopt a schedule of regular meetings and transmit that schedule to members of the WIB, the Mendocino County Board of Supervisors and the public at large. 2. Regular meetings may be canceled either by the Chair of the WIB or by a majority vote at a duly constituted meeting. 3. Alternate dates for regular meetings may be set either by the Chair of the WIB, if ten (10) working days notice is provided to all members, or by a majority vote at a duly constituted meeting. B. NOTICE OF MEETINGS: Notice of regular meetings, specifying time, date, location and agenda, shall be provided, in writing or electronically, to WIB members seven (7) days prior to scheduled meetings. C. SPECIAL MEETINGS: Special meetings of the WIB may be called either by the Chair of the WIB or at the request of a majority of WIB members. Notice of special meetings shall be delivered to members personally, by mail or electronically, and must be received twenty-four (24) hours in advance of the time of the meeting. Said notice must state the business to be considered. Special meetings shall be called and conducted in accordance with California Government Code Section 54956 (Ralph M. Brown Act). D. QUORUM: For purposes of conducting a meeting of the full WIB, a quorum of the WIB shall be the whole number more than fifty (50) percent of the total number of members who have been duly appointed to the WIB. E. PUBLIC MEETINGS: All meetings of the WIB shall be open to the public, and noticed in conformance with the Ralph M. Brown Act, California Government Code Section 54950, et seq., as amended. F. MEETING MINUTES: The recording secretary shall record in the minutes the time and place of the meeting, members who are present, official acts of the WIB and the number of votes of members, ayes, noes, and abstentions, except when action is unanimous. When requested by a member, his or her dissent or approval, and reasons therefor shall be recorded. When a member abstains due to conflict of interest, his or her abstention shall be recorded. G. APPROVAL OF THE MINUTES: The minutes shall be presented for approval at the succeeding regular meeting. H. MAJORITY RULE: Decisions and acts made by majority vote of the members at any duly constituted meeting shall be regarded as acts of the WIB except as otherwise provided by these Bylaws. I. RULES OF ORDER: Robert's Rules of Order Revised shall guide the WIB in all proceedings, except as otherwise provided for in these Bylaws. ARTICLE VI OFFICERS A. OFFICERS: Officers of the WIB shall be Chair, Vice Chair, Second Vice Chair, and two Members-at-Large. B. TERMS OF OFFICE: Terms shall be for one year beginning July 1. In the event an officer of the WIB resigns or is removed from the WIB or from office, the position that officer held shall be declared vacant and the unexpired term shall be filled in the following manner: 1. Upon resignation or removal of the Chair, the Vice Chair shall become Chair and the Second Chair shall be Vice Chair. A new Second Vice Chair shall be elected at the next full WIB meeting with nominations coming from the floor. 2. Upon resignation or removal of the Vice Chair, the Second Vice Chair becomes Vice Chair and a new Second Vice Chair shall be elected at the next full WIB meeting with nominations coming from the floor. 3. Upon resignation or removal of the Second Vice Chair, a new Second Vice Chair shall be elected at the next full WIB meeting with nominations coming from the floor. 4. Upon resignation or removal of a Member-at-Large, a new Member-at-Large shall be elected at the next full WIB meeting with nominations coming from the floor. C. ELECTION OF OFFICERS: Each year a Nominating Committee will be appointed by the WIB Chair to propose a slate of officers to be elected. Once the Nominating Committee has proposed a slate of officers, other nominations may be made from the floor during the WIB meeting at which the slate is presented. The election will take place at the last WIB meeting of each year. D. CHAIR: The Chair of the WIB shall be a business representative. The duties of the Chair shall be to preside at WIB meetings which includes but is not limited to deciding points of order, announcing all business, entertaining motions, putting motions to vote, and announcing vote results. Additionally, the Chair shall: 1. Appoint and dissolve ad hoc committees; 2. Appoint members to the standing committee; 3. Recommend to the Executive Committee removal of Standing Committee Chairs and members; 4. Call special meetings of the WIB; 5. Represent the WIB or designate other members or staff to represent the WIB at public functions; and 6. Approve, sign and send letters of support when, at the Chair's discretion, lending of such support is in clear agreement with the principles or the goals of the WIA and/or the WIB. The signed letter of support shall be included in the consent calendar of the next WIB meeting for confirmation. E. VICE CHAIR: The Vice Chair shall perform the duties of the Chair in his/her absence. There is an expectation that the Vice Chair will train in all Chair activities and will become Chair. F. SECOND VICE CHAIR: The Second Vice Chair shall perform duties of the Chair in the absence of both the Chair and the Vice Chair. There is an expectation that the Second Vice Chair will train in all Vice Chair activities and will become Vice Chair. G. MEMBERS-AT-LARGE: The two Members-at-Large shall be elected from and by the general membership of the WIB and shall serve on the Executive Committee. ARTICLE VII COMMITTEES A. STANDING COMMITTEE: The WIB shall have one standing committee, the Executive Committee. Non-WIB members may be appointed to serve on the standing or ad hoc committees as voting committee members. Non-WIB members do not have voting rights at WIB meetings. The Youth Council is an advisory body to the WIB and is addressed below. 1. The Executive Committee of the WIB shall be composed of the WIB Chair, Vice Chair, Second Vice Chair, Members-at-Large, immediate past WIB Chair (who will serve on the Executive Committee until there is a succeeding past Chair). The WIA Coordinator shall attend meetings at the request of the Executive Committee, but shall not be a voting member. a. The Executive Committee may, on the recommendation of the Chair or any other member of the WIB, remove standing committee Chairs and members. b. The Executive Committee shall hold meetings at the request of the Chair of the WIB, who shall also serve as Chair of the Executive Committee. A majority of the voting members of the Executive Committee shall constitute a quorum. c. A majority vote of a quorum of the Executive Committee membership shall be required in order for action to be taken. d. The Executive Committee shall review the Bylaws annually and may suggest amendments to the WIB. It may also review Bylaws amendments proposed by other members in order to make recommendations on such amendments to the WIB. e. The Executive Committee shall routinely review member attendance at WIB and Committee meetings. f. The Executive Committee shall recommend potential board members to the Board of Supervisors and shall see to it that orientation and training is provided for new board members, that retreats and other social events of the board take place, that board evaluations are developed and conducted and that improvements are made to the Five-Year Plan. g. The Executive Committee may take action on behalf of the full WIB when such action must be taken prior to the next full meeting of the WIB. h. The Executive Committee shall ensure the Mendocino County workforce development system complies with established local goals and objectives and Federal, State and local requirements; provide evaluation of programs, including outcomes, goals, data analysis and continuous quality improvement and resulting adjustments; recommend, negotiate and evaluate local performance standards, including measurement of customer satisfaction; review and recommend eligible training providers; provide fiscal review and oversight; monitor and develop contracts and Requests for Proposals. B. YOUTH COUNCIL: The Youth Council shall develop the portions of the local plan relating to eligible youth activities; recommend eligible providers of youth activities to be awarded grants or contracts on a competitive basis by the WIB to carry out the youth activities; conduct oversight with respect to eligible providers of youth activities; coordinate authorized youth activities in Mendocino County; and perform other duties as determined to be appropriate by the WIB Chair. The WIB Youth Council Staff shall report on Youth Council activities at WIB meetings. The Chair of the Youth Council may appoint Youth Council ad hoc committees. Youth Council members who are not members of the local board shall be voting members of the Youth Council and nonvoting members of the WIB. C. AD HOC COMMITTEES: Ad hoc committees may be appointed from time to time. D. COMMITTEE SIZE: Committee size may be established by the Executive Committee or by amendment to these Bylaws. A quorum of a committee shall be a majority of the members constituting the committee. No WIB member shall serve on more than two committees, including the Youth Council. E. COMMITTEE REPORTS: Committees shall report progress and recommend actions, when appropriate, at WIB meetings. F. COMMITTEE AUTHORITY: 1. No ad hoc committee, or the Executive Committee shall have independent authority to commit the WIB to policy or action without approval of the full WIB, except as noted in ARTICLE VII, A.1.g. 2. A committee may adopt recommendations to the WIB by majority vote of a quorum. G. APPOINTMENT AND TERMS OF APPOINTMENT: Appointment to the standing committee shall be made by the newly elected Chair of the WIB following the June meeting of the WIB. Following that initial appointment, members may be added to the standing committee at the discretion of the WIB Chair. Terms of appointment to the standing committee shall be for one year beginning July 1; for ad hoc committees, terms of appointment shall be for the time required to fulfill the committee's purpose. Youth Council members are appointed by a majority vote of the full WIB under the authority of the Board of Supervisors. The Chair of the WIB shall appoint a WIB member to sit on the Youth Council. H. SELECTION OF COMMITTEE CHAIRS: The standing committee and the Youth Council will, by May, appoint their Chair to serve the term of July through June of the following year. I. CONSULTANTS TO COMMITTEES: When appropriate, committees may call on other knowledgeable individuals to act as consultants on the committee level. Said individuals shall receive no remuneration and shall not have voting privileges. J. REMOVAL OF COMMITTEE MEMBERS: Members may be removed from the standing committee and Ad Hoc committees by the Executive Committee acting alone or upon the recommendation of the Chair or a member. ARTICLE VIII BYLAWS A. AMENDMENTS: Any member of the WIB may propose amendments to the Bylaws. 1. Proposed amendments shall be submitted in writing and made available to each member of the WIB no less than five (5) days prior to consideration before a vote can be taken. 2. An affirmative vote of two-thirds (2/3) of those voting, a quorum being present, shall be required to amend these Bylaws. B. REVIEW: At least annually, and otherwise as needed, the Executive Committee shall review the WIB's Bylaws for appropriateness of language, content, and possible amendments. C. STANDING OF BYLAWS: Nothing in these Bylaws may, nor shall they be construed to, take precedence over Federal, State, or local laws or regulations.
Mendocino County Workforce Investment Board
Bylaw Amendment History
(Beginning December 2007)
|Revision#||Date Adopted by BOS:||Article(s) Amended:||Description of Amendment|
Youth Council members appointed by WIB under authority of BOS.
|2/12/2008||VI, VII||Merge Executive and Oversight Committees. Remove requirement that Chair of the Youth Council be a member of the WIB and Executive Committees.|
- Adopted 2/12/2008