NORTHERN RURAL TRAINING AND EMPLOYMENT CONSORTIUM
(NoRTEC)
WORKFORCE INVESTMENT BOARD
AND
GOVERNING BOARD AGREEMENT
PURSUANT TO THE WORKFORCE INVESTMENT ACT OF 1998

 

SECTION ONE:PARTIES

The parties to this agreement are the Workforce Investment Board (WIB) and the Governing Board (Governing Board) for the NoRTEC eleven county workforce investment area (Area) covering Butte, Del Norte, Lassen, Nevada, Modoc, Plumas, Shasta, Sierra, Siskiyou, Tehama and Trinity counties.

SECTION TWO:TERM

This agreement is effective when approved and executed by the WIB and Governing Board, but in any case no later than June 1, 2000. It shall remain in full force and effect for the lifetime of NoRTEC, or until such time as a change in law or NoRTEC policy makes it no longer relevant or current. Such change affecting one or more sections of the agreement will not affect the remaining sections of this agreement.

SECTION THREE:WIB DUTIES

1. The WIB shall elect a chairperson and a vice chairperson from among those WIB members representing the private business sector.

    

2. The WIB shall take the lead in policy and decision-making in the following areas:

    

   1. Development of Workforce Investment Act (WIA), Welfare-to-work (WtW) and other Area job training and related plans;

       

   2. Establishing performance expectations for the Areas workforce investment system;

       

   3. Certifying One-Stop career centers and designating their operators;

       

   4. Developing, modifying and entering into a Memorandum of Understanding with the NoRTEC One Stop center partners;

       

   5. Approving youth and adult service and training providers;

       

   6. Establishing youth and adult program policies;

       

   7. Conducting oversight and evaluation of the One Stop system, youth activities and employment and training activities under title I of WIA;

       

   8. Coordinating workforce investment activities with economic development strategies and developing employer linkages;

       

   9. Promoting private sector involvement in the Statewide workforce investment system through effective connecting, brokering, and coaching activities through intermediaries such as the One-Stop operator in the local area or through other organizations, to assist employers in meeting hiring needs;

       

   10. Determining the NoRTEC annual budget;

        

   11. Securing an annual audit of NoRTEC received funds; and

        

   12. Conducting other duties as assigned by the WIA, WtW, successor legislation or amendments thereto, the State of California, or the Governing Board.

SECTION FOUR:GOVERNING BOARD DUTIES

The Governing Board shall:

1. Appoint the members to the NoRTEC WIB; and

    

2. Either approve or reject WIB decisions under Section Three above.

In the event the Governing Board does not approve a WIB decision, the WIB may either accede to the wishes of the Governing Board or may invoke the dispute resolution procedure in Section Six below.

SECTION FIVE:WIB TERMS OF APPOINTMENT

WIB members, both voting and non-voting, shall serve for fixed and staggered terms. Half the WIB members terms shall begin upon appointment and shall end June 30, 2002. The other half shall have terms running from appointment and ending June 30, 2004.

Term lengths for initial WIB members shall be designated by lottery separately conducted for each sector represented on the WIB (i.e. one labor representative shall have a term ending in 2002, and the other labor representative's term shall end in 2004). Re-appointments to the WIB or new appointments to the WIB after July 1, 2000 shall be for four years from the July 1, immediately preceding the appointment date. All WIB terms shall expire on June 30, except that members may continue to serve after the end of their term until a successor is appointed or their position is declared vacant, or they are re-appointed by the Governing Board.

WIB members may be re-appointed by the Governing Board to serve consecutive terms.

WIB members may be removed by the Governing Board for non-attendance or arrest or conviction for a criminal activity, at any regularly scheduled meeting where the intent to remove a WIB member is on the agenda.

SECTION SIX:DISPUTE RESOLUTION

It is the joint authority and responsibility of both partners to ensure an effective One Stop service delivery system which provides the most beneficial mix of program services to the residents and employers of the NoRTEC Area. It is further the shared responsibility and authority of both partners to stimulate the active, effective participation of all sectors of the community in the provision of job training services through the local One Stops. To these ends, the WIB and Governing Board agree to operate NoRTEC as partners, with the same goals and commitments to the Area.

Should a disagreement arise between the WIB and the Governing Board, all reasonable efforts shall be taken to informally resolve the issue, including discussion of the item at a joint meeting of the NoRTEC WIB and Governing Board. Issues which cannot be informally resolved shall be submitted in writing by either party to a five-member panel consisting of two representatives proposed by the NoRTEC Executive Director, and agreed to by a majority vote of the WIB and Governing Board representatives.

The five-member panel so selected shall meet as soon as possible after the fifth member is selected and shall, by majority vote, resolve the disagreement. The resolution so reached shall be consistent with the then current law, regulations, and related rules, and with NoRTEC Policy, and shall be binding upon the parties.

SECTION SEVEN: STAFF SUPPORT

The NoRTEC Consortium, as established through the NoRTEC Joint Powers Agreement, shall be the grant recipient and administrative entity for the Area, and shall provide staff support to both the WIB and the Governing Board.

The WIB and Governing Board will jointly decide on the hiring, compensation and discharge of an Executive Director for the administration of NoRTEC. The Executive Director will be responsible for the hiring, compensation and discharge of additional NoRTEC administrative staff, consistent with NoRTEC Policy and the annually approved NoRTEC budget.

SECTION EIGHT: MEETINGS

1. Joint Meetings

   To the extent practicable, the Governing Board and the WIB shall meet jointly at regularly scheduled meetings, sharing an agenda for the conduct of NoRTEC business. Either the WIB or the Governing Board may, at their discretion, schedule additional, separate meetings, or additional joint meetings, of all or a portion of their members, and may delegate any of their authority to such meetings.

2. Quorum

    

   1. A quorum of the WIB is necessary for the conduct of business by the WIB. A quorum of the Governing Board is necessary for the conduct of business by the Governing Board.
   2. At any regular or special meeting of the full Governing Board and the full WIB, a quorum will consist of a majority of the nine member Governing Board, and a majority of those members then currently appointed to serve on the WIB.
   3. A quorum of a subgroup of the full membership of the Governing Board and/or the WIB, that has been delegated the authority to act on behalf of the Governing Board and/or the WIB, will consist of a majority of those so appointed.
   4. A quorum of a subgroup appointed by the Governing Board and/or the WIB to serve in an advisory only capacity, shall consist of those members present at the meeting(s) of this group.

       

3. Agenda Items

    

   1. NoRTEC Administrative staff will routinely prepare the agendas.

       

      1. Committee agenda items may be added by the committee chairs or by a majority vote of the members.

          

      2. WIB and Governing Board agenda items may be added by either the WIB or Governing Board chair or by a majority vote of the members.
4. Voting

   Unless otherwise determined by law or NoRTEC Policy, a majority vote of those present is needed to pass or reject an agenda action item.

    

5. WIB Subcommittees

    

   1. The WIB may establish one or more standing or ad hoc committees of the full WIB, assign voting and/or non-voting members, and delegate decision-making and/or advisory authority to these committees, subject to the requirements of Section Four, above.

       

   2. The WIB will establish an Executive Committee from among its members, to be appointed by the WIB Chair, to include the WIB chair and vice-chair, and with one WIB member representative from each NoRTEC member county.
      1. While the normal procedure will be for the full WIB to confirm Executive Committee decisions at their regular or special meetings, the Executive Committee will have the full authority of the WIB for decisions that need to be made between meetings of the full WIB.

          

      2. The WIB Executive Committee will also function as the personnel committee for the NoRTEC administrative staff.

          

      3. The chairs of any other NoRTEC standing committees will automatically sit on the NoRTEC Executive Committee.

          

   3. The WIB will establish a Finance Committee from among its members, to be appointed by the WIB Chair, with at least one WIB member representative from each NoRTEC member county.

       

      1. The Finance Committee will oversee the NoRTEC financial systems and procedures, and assist staff with the provision of routine financial reports to the WIB and Governing Board.

          

      2. The Finance Committee will be advisory to the NoRTEC WIB and Governing Board.

       

   4. The WIB will establish a Program Committee from among its members, to be appointed by the WIB Chair, with at least one WIB member representative from each NoRTEC member county.

       

      1. The Program Committee will oversee the NoRTEC One Stop system and youth activities, and assist staff with the provision of routine program reports to the WIB and Governing Board.

          

      2. The Program Committee will be advisory to the NoRTEC WIB and Governing Board.

          

6. A majority is defined as 50% plus one.

SECTION NINE: INDEPENDENCE OF TERMS

If any terms or provision of this agreement or the application thereof to any person or circumstances shall, to any extent be held invalid or unenforceable, the remainder of this agreement, or the application of such term or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and every other term and provision of this agreement shall be valid and enforced to the fullest extent permitted by law.

 

APPROVED FOR THE GOVERNING BOARD	APPROVED FOR THE WORKFORCE INVESTMENT BOARD
Chairperson, Governing Board	Chairperson, Workforce Investment Board