§ 852 — New York state workforce investment board

§ 852. New York state workforce investment board. 1. Creation and\nconstitution. (a) The governor shall establish a board, within the\ndepartment, to be known as the New York state workforce investment\nboard. The board shall be composed of forty-nine members, including the\nfollowing permanent members: the governor; two members of the senate,\nappointed by the temporary president of the senate; two members of the\nassembly, appointed by the speaker of the assembly; the commissioners of\nlabor, education, of children and family services, temporary and\ndisability assistance and economic development; the chair of the urban\ndevelopment corporation and the chancellor of the state university of\nNew York.\n (b) The remaining thirty-seven members of the board shall be appointed\nby the governor as follows:\n (i) twenty-five representatives of business who:\n (A) are owners of businesses, chief executives or operating officers\nof businesses, and other business executives or employers with optimum\npolicymaking or hiring authority, including members of local workforce\ninvestment boards;\n (B) represent businesses with employment opportunities that reflect\nthe employment opportunities of the state;\n (C) are appointed from among individuals nominated by state business\norganizations and business trade associations; and\n (D) include one representative from each of the state's five largest\nindustry sectors as determined by the department;\n (ii) two chief elected officials (representing both cities and\ncounties, where appropriate);\n (iii) four representatives of labor organizations, who have been\nnominated by the New York State American Federation of Labor and\nCongress of Industrial Organizations;\n (iv) two representatives of individuals and organizations that have\nexperience with respect to youth activities, nominated by state youth\norganizations;\n (v) two representatives of individuals and organizations that have\nexperience and expertise in the delivery of workforce investment\nactivities, including chief executive officers of community colleges and\ncommunity-based organizations nominated by associations representing\ncommunity colleges and community-based organizations within the state;\n (vi) one member who is a veteran nominated from a list provided by the\nNew York State American Federation of Labor - Congress of Industrial\nOrganizations; and\n (vii) one member with experience in mature worker issues nominated\nfrom a list provided by the New York State American Federation of Labor\n- Congress of Industrial Organizations.\n (c) Members of the board that represent organizations, agencies, or\nother entities shall be members with optimum policymaking authority\nwithin such organizations, agencies or entities. The members of the\nboard shall represent diverse regions of the state, including urban,\nrural and suburban areas.\n (d) Members, excluding those specifically designated permanent\nmembers, shall be appointed for the following terms: ten members shall\nbe appointed for one year; ten members shall be appointed for two years;\nand nineteen members shall be appointed for three years. Thereafter, the\nterms of new members or members reappointed shall be three years.\n (e) The board membership of any appointee described in paragraph (b)\nof this subdivision shall cease upon a change in such member's\nqualifying status. In such event, the governor shall appoint a new\nmember representing the same interest as that originally represented by\nsuch member.\n (f) Any member appointed to fill a vacancy shall serve the balance of\nthe term that was vacated.\n (g) Members of the board shall receive no compensation, but shall be\nentitled to reimbursement for any necessary expenses incurred in\nconnection with the performance of their duties.\n (h) The board shall meet no less than quarterly each calendar year.\n 2. Chairperson. The governor shall select a chairperson for the board\nfrom among the representatives described in subparagraph (i) of\nparagraph (b) of subdivision one of this section.\n 3. Duties and responsibilities of the board. The board shall assist\nthe governor in fulfilling the requirements of the federal Workforce\nInvestment Act of 1998 (P.L.105-220) including:\n (a) development of the state plan;\n (b) development and continuous improvement of a statewide system of\nactivities that are funded under subtitle B of title I of the federal\nWorkforce Investment Act of 1998 (P.L. 105-220) or carried out through a\none-stop delivery system that receives funds under such subtitle,\nincluding:\n (i) development of linkages in order to assure coordination and\nnonduplication among the programs and activities that comprise the\none-stop delivery system; and\n (ii) review of local plans;\n (c) commenting at least once annually on the measures taken pursuant\nto paragraph fourteen of subdivision (b) of section one hundred thirteen\nof the Carl D. Perkins Vocational and Applied Technology Education Act\n(20 U.S.C.2323 (b) (14));\n (d) designation of local workforce investment areas. With regard to\ndesignations that are not automatic or temporary, the governor may\napprove a request from any unit of general local government (including a\ncombination of such units) for designation as a local area if the board\ndetermines, taking into account the factors described in clauses (i)\nthrough (v) of subparagraph (B) of paragraph (1) of subdivision (a) of\nsection one hundred sixteen of the federal Workforce Investment Act of\n1998 (P.L. 105-220), and recommends to the governor that such area\nshould be so designated;\n (e) development of allocation formulas for the distribution of funds\nfor adult employment and training activities and youth activities to\nlocal areas;\n (f) development and continuous improvement of comprehensive state\nperformance measures, including state adjusted levels of performance to\nassess the effectiveness of the workforce investment activities in the\nstate;\n (g) development of the statewide employment statistics system\ndescribed in subdivision (e) of section fifteen of the Wagner/Peyser\nAct; and\n (h) development of an application for incentive grants awarded by the\nsecretary of labor to states that exceed the state adjusted levels of\nperformance.\n 4. Subcommittees. The board may establish subcommittees to examine\nareas of particular interest or to assist it in monitoring the long term\nneeds of employers and job seekers and setting appropriate goals to\naddress such needs. Such areas or needs may include, but are not limited\nto, incumbent workers, transitional workers, emerging workers, and\napprenticeship.\n 5. Staffing. Staff support for the state board shall be provided by\nthe department in consultation with appropriate workforce investment\npartners.\n 6. Conflict of interest. A member of the board may not (a) vote on a\nmatter under consideration by the state board (i) regarding the\nprovision of services by such member or by an entity that such member\nrepresents; or (ii) that would provide direct financial benefit to such\nmember or the immediate family of such member; or (b) engage in any\nother activity determined by the governor to constitute a conflict of\ninterest as specified in the state plan.\n 7. Removal. Any non-permanent member of the board may be removed by\nthe governor for cause.\n 8. Transition. Whenever the job training partnership council, the job\ntraining partnership committee, or the job training coordinating council\nis referred to or designated in any general, special or local law, or in\nany rule, regulation, contract or other document, such reference shall\nbe deemed to refer to the New York state workforce investment board.\n 9. Sunshine provisions. The state board shall make available to the\npublic, on a regular basis through open meetings, information regarding\nthe activities of the board, including information regarding the state\nplan prior to submission of the plan, information regarding membership,\nand, on request, minutes of formal meetings of the state board.\n