WIB and Governing Board Agreement

 

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 North Central Counties Governing Board (“Governing Board”) for the four county workforce investment area (“Area”) covering Colusa, Glenn, Sutter and Yuba counties.
 
SECTION TWO: TERM
 
            This agreement is effective when approved and executed by the WIB and Governing Board. It shall remain in full force and effect until terminated by either party by giving six months advance written notice to the other party of intent to terminate this agreement. Termination shall be effective at the end of the program year, June 30.
 
SECTION THREE: WIB DUTIES
 
            The WIB shall take the lead in policymaking in the following areas:
 
*         Development of Workforce Investment Act (“WIA”), Welfare-to-work (“WtW”) and other Area plans;
 
*         Establishing performance expectations for the Area’s workforce investment system;
 
*         Certifying One-Stop career centers and designating their operators;
 
*         Approving youth and adult service and training providers, whether competitively procured or otherwise selected;
 
*         Establishing youth policies, either acting through the Youth Council or the full WIB;
 
*         Approving the North Central Counties Consortium’s (“Consortium”) annual budget; and
 
*         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 perform those duties set out in the Revised Joint Powers Agreement, as amended both before and after the execution of this agreement. In addition, the Governing Board shall have the right to review and either approve or reject WIB policymaking decisions under Section Three above.
 
            The Governing Board Chairperson or his designee shall serve as a member of the WIB Executive Committee.
 
            In the event the Governing Board reverses 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, served for fixed and staggered terms. Half the WIB members’ terms began upon appointment and ended June 30, 2002. The other half had terms running from appointment and ended June 30, 2004.
 
            Term lengths for initial WIB members were designated by lottery separately conducted for each sector represented on the WIB (i.e. one labor representative had a term ending in 2002, and the other labor representative’s term ended in 2004).
 
            Reappointments to the WIB or new appointments to the WIB after July 1, 2000 shall be for four years from the July 1st 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 by the Governing Board.
 
            Other term issues, including the process for Board member resignation and removal for cause, shall be determined by the WIB’s bylaws.
 
SECTION SIX: DISPUTE RESOLUTION
 
            Should a disagreement arise between the WIB and the Governing Board, all reasonable efforts shall be taken to informally resolve the issue. Issues which cannot be informally resolved shall be submitted in writing by either party to a five-member panel consisting of two representatives selected by the WIB, two representatives selected by the Governing Board and a fifth, impartial representative selected by the Consortium’s Executive Director.
 
            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 binding upon the parties, and must conform with the Consortium’s Revised Joint Powers Agreement with State and federal requirements and with this agreement.
 
SECTION SEVEN: STAFF SUPPORT
 
            The Consortium shall provide staff support to both the WIB and the Governing Board. The Consortium shall be the grant recipient and administrative entity for the Area, as well.
 
            The WIB shall be consulted with in advance and shall have the opportunity to make a recommendation concerning the hire and discharge of the Consortium’s Executive Director. Final authority for any decision to hire, evaluate or discharge the Executive Director shall rest with the Governing Board.
 
SECTION EIGHT: JOINT MEETINGS
 
            The Governing Board and the WIB shall meet jointly at least twice annually. Either the WIB or the Governing Board may, at their discretion, schedule additional, separate meetings.
 
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                                APPROVED FOR THE
GOVERNING BOARD                                WORKFORCE INVESTMENT BOARD
 
 
 
By:                                                                   By:                                                      
       Chairperson                                                     Chairperson

       Governing Board                                             Workforce Investment Board 

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