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By Laws

ARTICLE I NAME

Section A. Name

The name of this entity shall be the Triangle South Workforce Development Board, herein referred to as the Board.

ARTICLE II PURPOSE AND FUNCTION

Section A. Purpose

The purpose of this entity is to serve as the Board for the designated sub-state area for the purpose of the federal Workforce Investment Act of 1998, herein referred to as the Workforce Investment Board, to set forth policy for the statewide workforce investment system within the Local Workforce Investment Area and such other services as may be assigned by law.

Section B. Local Workforce Investment Area

The Local Workforce Investment Area (LA) of the Board shall be Chatham, Lee, Harnett, and Sampson Counties.

Section C. Agreement

The Board shall enter into agreement with the Consortium represented by the Chief Elected Official (CEO) of the Local Area. The CEO and the Board will adopt a workforce investment plan for the LA.

Section D. Functions

The function of the Board is administration of the Workforce Investment Act federal funds at the local level. The Board works in cooperation with the Chief Elected Official in providing policy guidance and oversight to Workforce Investment Activities funded under the Workforce Investment Act. The Board functions include:

  • Providing policy guidance to the grant recipient/administrative entity on matters pertaining to workforce development programs and system;
  • Reviewing, making recommendations to, and approving the workforce development plan for submission to the Governor;

Section D. Functions (continued)

  • Strategic planning which includes relevant economic development and education entities and key business drivers which results in identification of issues for the Board beyond Workforce Investment Act and have impact on improving the regional economy;
  • Conducting a data-based assessment of community workforce and economic issues which results in a public document (i.e., State of the Workforce report/community audit);
  • Chartering JobLink Career Centers;
  • Selecting Workforce Investment Act Adult, Dislocated Worker, and Youth services providers;
  • Soliciting the input and participation of the local business community in the provision of program services;
  • Providing oversight (which is defined as reviewing, monitoring and evaluating) of programs conducted under the Workforce Investment Act plan; and
  • Providing other functions as may be defined by the Board and/or Workforce Investment Act Legislation.

Section E. Independent Oversight

The Board shall establish procedures for the exercise of independent oversight over all aspects of the administration of the Workforce Investment Act within the Local Area.

ARTICLE III MEMBERSHIP

Section A. Membership

The membership of the Board shall be established by the consortium agreement. The representative scheme, nominating process, terms of office, and manner of appointment of the membership shall be in accordance with the Workforce Investment Act rules and regulations.

Section B. Terms of Appointment

Terms of appointment are for staggered two year terms as mandated by Workforce Investment Act Legislation. Each member shall hold appointment until resignation, removal, or the expiration of term. Term limits shall not exceed four (4) terms or eight (8) years.

Section C. Removal from Workforce Development Board

A member who misses three of the six regularly scheduled meetings in a calendar year shall be considered inactive and the position of that member shall be declared vacant.

A member may submit a written appeal to the Chair after missing two meetings, explaining the reason for his/her absences. The Workforce Development Board executive committee will determine if the absences are excused and will not count as missed meetings.

Also, any member may be removed from office by an affirmative vote of three-fourths of the members. When a position is declared vacant or a member is removed from the Board, the Board staff shall notify the member and the appointing agency, which shall fill the vacancy.

ARTICLE IV MEETINGS OF THE MEMBERS

Section A. Meetings

There shall be six bi-monthly meetings of the membership annually. In addition, special meetings may be called by the Chair or any five members of the Board. Also, the Board may change the dates of regularly scheduled meetings as needed, and shall determine the location. Meeting sites should be approved by the Board members and may include meetings via teleconference, videoconference, or other acceptable means available to participating Board members.

Section B. Notice of Meetings

Meetings of the members may be held after a ten-calendar day notice to the members. Notices and agendas shall be in writing and shall be deemed to have been given upon transmission by mailing, emailing, or faxing, and appearing in the records of the Board. Notice of the meetings shall also be posted as required by law.

Section C. Waiver of Notice

Notice of meetings shall be waived if a written objection is not filed with the Board staff or Chair at or before the following meeting.

Section D. Public Meetings

All meetings of the Board shall be open to the public.

Section E. Quorum

A majority of the private sector members shall constitute a quorum for the transaction of business at any meeting of the members.

Section F. Vote

When a meeting requires the action of a vote, a quorum must be present. The majority vote of the voting members present shall be the decision/act of the membership.

Section G. Conflict of Interest

In compliance with Section 627.420(c)(2)-(4) of the Workforce Investment Act Regulations, all members of the Workforce Development Board and its designated committees will abide by the following regulations and abstain from voting on the selection of service providers if any of the conditions apply:

No WDB member (whether compensated or not) shall engage in any activity, including participation in the selection, award or administration of a sub-grant or contract supported by Workforce Investment Act funds 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 partner, or
  4. an organization which employs, or is about to employ any of the above, has a financial interest in the firm or organization selected for the award.

No Workforce Development Board member, member of his/her immediate family, officers, employees or agents of the Workforce Development Board member's agency or business, shall neither solicit nor accept gratuities, favors, or anything of value from contractors, potential contractors, or parties to sub-agreements.

A Workforce Development Board member shall not cast a vote on, or participate in, any decision making capacity on the provision of services by such member (or any organization which that member directly represents), nor on any matter which would provide any direct financial benefit to that member.

Members with an actual or perceived conflict of interest should publicly declare the conflict of interest to be recorded in the minutes and then recuse self from the conversation, voting, and room when the topic of conflicted interest is before the Board.

Section I. Order of Business

The Chair shall be responsible for orderly business of the Board and for calling items of the agenda.

ARTICLE V OFFICERS

Section A. Number and Title

The number of officers of the Board shall be four. The titles of the officers shall be Chair, First Vice-Chair, Second Vice-Chair, and Third Vice-Chair. Officers shall be from the Private Sector.

Section B. Election of Officers

The officers of the Board shall be elected at the last meeting of each calendar year. The Nominating Committee shall present a slate of officers for the Chair and Vice-Chair positions. The Vice-Chairs shall be residents of each of the three counties where the Chair does not reside.

Section C. Term of Office

The elected officers shall take office immediately upon the adjournment of the meeting in which they were elected. The officers shall hold office for one year or until their successors have been elected.

Section D. Chair

The Chair shall be the principal executive officer of the Board and shall preside at all meetings of the membership and of the Executive Committee. The Chair assures integrity and impartiality of the Board process, seeing that all of the orders and resolutions of the Board are carried into effect, and shall execute all contracts, agreements, transfers, and such other instruments as may be ordered by the membership, or by law, to some other office or agent of the Board. The Chair appoints committees. The Executive Committee shall provide counsel and direction to the staff between meetings which shall be subject to approval by the full Board at the next regularly scheduled meeting.

Section E. Vice-Chairs

In the absence of the Chair or in the event of his or her inability or refusal to act, the First Vice-Chair shall perform the duties of the Chair and when so acting shall have the powers of and be subject to all the restrictions upon the Chair. In the absence of the Chair and the First Vice-Chair, the Second Vice-Chair shall perform the duties of the Chair. In the absence of the Chair, the First Vice-Chair, and the Second Vice-Chair, the Third Vice-Chair shall act for the Chair.

Section F. Staff

The staff shall keep the minutes of all Triangle South Workforce Development Board and Executive Committee meetings. Staff shall preserve books, minutes, and records of the Triangle South Workforce Development Board, and shall give notice of meetings as required by law and by these Bylaws. Board staff shall be the custodian of all Board records and shall keep a register of the mailing address, telephone numbers, email addresses, and other contact information of the members.

ARTICLE VI COMMITTEES

Section A. Executive Committee

The Executive Committee shall consist of the Chair and the three Vice-Chairs. The Executive Committee assists the Board in setting its agenda and planning its activities. The Executive Committee shall meet at the call of the Chair and minutes shall be kept.

Section B. Standing Committees

The Board shall use the following advisory committees:

Policy Committee: The Chair shall appoint a Policy Committee to review Board policies and make recommendations to the membership. The Policy Committee shall arrange training on policies at regularly scheduled meetings.

Youth Council: A Youth Council shall be appointed by the Board.

Nominating Committee: The Chair shall appoint a Nominating Committee with one non-Executive Committee member representing each county.

Ad Hoc Committees: The Chair shall appointment other committees as needed. A committee will cease to exist as soon as its task is complete.

ARTICLE VII FISCAL AFFAIRS

Section A. Fiscal Year

The fiscal year shall begin July 1 and end June 30.

Section B. Equipment Procurement

Procurement of equipment will be in accordance with the Workforce Investment Act, applicable State and Federal regulations.

ARTICLE IX BY-LAWS INTERPRETATION AND AMENDMENTS

Section A. Interpretation

If any parts of these Bylaws are in violation of the Workforce Investment Act or the North Carolina General Statutes, laws, rules and regulations than the part or parts in violation shall be null and void and the remaining by-laws shall continue in full force and effect.

Section B. Amendments

Any proposed By-Law changes must be presented to the Board 30 days prior to the regularly scheduled meeting at which a vote should take place unless the 30 day time period is waived by a majority vote of the Board. These By-Laws can only be amended, modified, or repealed by a majority vote of the Board members.

Section C. Effective Date

These By-Laws repeal and replace the former By-Laws and are effective upon adoption.

CERTIFICATION OF ADOPTION

These By-Laws were adopted by an affirmative vote of the majority of the member at the membership meeting on the 18th day of February , 2010.

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Anthony Lett, Chair,
Triangle South Workforce Development Board