§ 15-4-2211 - Powers and duties of local workforce investment board.
15-4-2211. Powers and duties of local workforce investment board.
(a) The functions of the local board shall include the following:
(1) Development of a local plan in accordance with 15-4-2212;
(2) The local board, with the agreement of the chief elected official:
(A) Shall designate or certify one-stop operators; and
(B) May terminate for cause the eligibility of the operators;
(3) The local board shall identify eligible providers of youth activities in the local area by awarding grants or contracts on a competitive basis, based on the recommendations of the youth council;
(4) The local board shall identify eligible providers of training services using criteria established by the state;
(5) If the one-stop operator does not provide intensive services in a local area, the local board shall identify eligible providers of intensive services in the local area;
(6) The local board shall develop a budget for the purpose of carrying out the duties of the local board under this section, subject to the approval of the chief elected official; and
(7) The local board shall annually provide a progress report to the Arkansas Workforce Investment Board.
(b) The chief elected official in a local area shall serve as the local grant recipient for and shall be liable for any misuse of the grant funds allocated to the local area, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear the liability.
(c) In order to assist in the administration of the grant funds, the chief elected official or the Governor, when the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for the funds or as a local fiscal agent. The designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds.
(d) The local grant recipient or an entity shall disburse the funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this subchapter. The local grant recipient or entity shall disburse the funds immediately on receiving the direction from the local board.
(e) The local board may contract for some or all of its administrative services in an amount consistent with the grant, but in no case shall the cost of administrative services exceed fifteen percent (15%) of the total cost of the program.
(f) The local board may solicit and accept grants and donations from sources other than federal funds.
(g) The local board, in partnership with the chief elected official, shall conduct oversight with respect to local programs of youth activities, local adult employment and training, and the one-stop delivery system in the local area.
(h) The local board, the chief elected official, and the Governor shall negotiate and reach an agreement on local performance measures.
(i) The local board shall assist the Governor in developing the statewide employment statistics system described in section 15(e) of the Wagner-Peyser Act as effective on September 1, 1999.
(j) The local board shall coordinate the workforce investment activities carried out in the local area with economic development strategies and develop other employer linkages with the activities.
(k) The local board shall promote the participation of private sector employers in the statewide workforce investment system and ensure the effective provision through the system of connecting, brokering, and coaching activities through intermediaries like the one-stop operator in the local area or through other organizations to assist the employers in meeting hiring needs.
(l) (1) No local board may provide training services unless pursuant to a request from the Governor the local board grants a written waiver of the prohibition for a program of training services, if the local board:
(A) Submits to the Governor a proposed request for the waiver that includes:
(i) Satisfactory evidence that there is an insufficient number of eligible providers of the program of training services to meet local demand in the local area; and
(ii) Information demonstrating that:
(a) The local board meets the requirements for an eligible provider of training services; and
(b) The program of training services prepares participants for an occupation that is in demand in the local area;
(B) Makes the proposed request available to eligible providers of training services and other interested members of the public for a public comment period of not less than thirty (30) calendar days; and
(C) Includes in the final request for a waiver the evidence and information described in subdivisions (l)(1)(A) and (B) of this section.
(2) A waiver granted to a local board shall apply for a period not to exceed one (1) year. The waiver may be renewed for additional periods not to exceed one (1) year, pursuant to requests from the local board.
(3) The Governor may revoke a waiver granted if the state determines that the local board involved has engaged in a pattern of inappropriate referrals to training services operated by the local board.
(m) Nothing in this section shall be construed to provide a local board with the authority to mandate curricula for schools.
(n) A member of a local board may not:
(1) Vote on a matter under consideration by the local board:
(A) Regarding the provision of services by the member or by an entity that the member represents; or
(B) That would provide direct financial benefit to the member or the immediate family of the member; or
(2) Engage in any other activity determined by the Governor or by law to constitute a conflict of interest as specified in the state plan.
(o) (1) There shall be established as a subgroup within each local board a youth council appointed by the local board, in cooperation with the chief elected official for the local area.
(2) (A) The membership of each youth council shall include:
(i) Members of the local board with special interest or expertise in youth policy;
(ii) Representatives of youth service agencies, including juvenile justice and local law enforcement agencies;
(iii) Representatives of local public housing authorities;
(iv) Parents of eligible youth seeking assistance under this subchapter;
(v) Individuals, including former participants, and representatives of organizations that have experience relating to youth activities; and
(vi) Representatives of the Job Corps, as appropriate.
(B) The membership of each youth council may include other individuals as the chair of the local board, in cooperation with the chief elected official, determines to be appropriate.
(3) Members of the youth council who are not members of the local board shall be voting members of the youth council and nonvoting members of the board.
(4) The duties of the youth council include:
(A) Developing the portions of the local plan relating to eligible youth, as determined by the chair of the local board;
(B) Subject to the approval of the local board:
(i) Recommending eligible providers of youth activities, to be awarded grants or contracts on a competitive basis by the local board to carry out the youth activities; and
(ii) Conducting oversight with respect to the eligible providers of youth activities in the local area;
(C) Coordinating youth activities in the local area; and
(D) Other duties determined to be appropriate by the chair of the local board.
(p) A local board may provide core services or intensive services, or both, as defined in the federal Workforce Investment Act of 1998, or may be designated or certified as a one-stop operator, only with the agreement of the chief elected official or officials and the Governor.