# Presentation: 110476

## Methods of AdministrationMOA Element 1

- Designation of State and Sub-State Level Equal Opportunity (EO) Officer

## Agenda

**Presentation:****	**Learning Objectives
**Presentation:****	**Key Requirements
**Activity:****	**Conflict of Interest
**Presentation:****	**EO Officer Designation 	Supporting Documentation
**Activity:****	**Review of State’s Policy
**Wrap-Up:****	**Quiz

## Learning Objectives

- Explain the federal requirements for designating EO Officers under WIA
- Define “conflict of interest”
- Identify acceptable documentation for designating EO Officers under WIA
- Describe the State’s policy for designating EO Officers

## Key Requirements

- Every State and local workforce investment area (LWIA) must designate an EO Officer. (29 CFR 37.23)
- An EO Officer must be eligible for the position. (29 CFR 37.24)
- The EO Officer must coordinate a recipients responsibilities. (29 CFR 37.25)
- States and LWIAs must carry out specific obligations regarding their EO Officer. (29 CFR 37.26)

## Key Requirement #1

- Every State and local workforce investment area must designate an EO Officer.

## Who is required to designate an EO Officer?

- All 50 States
- Washington, D.C.
- Puerto Rico
- Virgin Islands
- All Local Workforce Investment Areas

## Questions

- How many local workforce investment areas are in your state?
- Do you know your State’s designated EO Officer?
- Do you know your LWIA designated EO Officer(s)?

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## Key Requirement #2

- An EO Officer must be eligible for the position by meeting two criteria:
- EO Officer must be senior-level employee reporting directly to the _**top official**_ on EO matters.
- EO Officer’s job duties and reporting relationships must not create or give the appearance of a _**conflict of interest**_.

## First Eligibility Criterion

- Senior-level employee reporting directly to the _**top official**_ on EO matters.

**Term to Know**** ****- Top Official**
- 	The head of local day-to-day WIA programs and activities.

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## Second Eligibility Criterion

- No _conflict of interest_.

**Term to Know**** ****– ****Conflict of Interest**
- 	A situation in which a person, such as a public official, has an interest (personal or official).  That is, sufficient to influence, or appear to influence, the objective exercise of his or her official duties.

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## Second Eligibility Criterion (cont.)

- No _conflict of interest_._ _
**Examples of Conflict**

- EO Officer makes judgments about possible equal opportunity wrongdoings of his or her boss.
- EO Officer also responsible for defending management actions and decisions against legal challenges.

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## Conflict of Interest: Example

**CONFLICT**

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## Evaluating Conflicts of Interest

- The Civil Rights Center will evaluate conflicts of interest on a case-by-case basis, considering two factors:
- All the duties, responsibilities, and organizational locations of the EO Officer and EO staff.
- Whether the State has a method in place for a neutral party to handle complaints filed by an EO Officer.

## Question

- Why do you think that it is important to have these provisions?

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## Activity:  Identifying a Conflict of Interest

**Purpose:**
- To identify a potential conflict of interest
**Task:**
- You are a member of the State review team.  You  have been asked to review a State’s MOA Element 1 documentation for a potential conflict of interest.
- Read the Mini Case Study.  Identify any potential conflicts of interest.
- Share your findings with the class.
**Time:**
- 5 minutes to read; 10 minutes to discuss

## Key Requirement #3

- The EO Officer must perform the following:
- Provide liaison with the CRC
- Conduct EO monitoring & investigations
- Review recipients’ written EO policies
- Develop and publish procedures for processing discrimination complaints
- Report EO matters directly to the top official
- Undergo training to maintain competency
- Develop and implement the MOA (if applicable)

## Key Requirement #4

- State and LWIAs must assist the EO Officer by doing the following:
- Make public the EO Officer’s name, position title, address, and telephone number.
- Ensure that the EO Officer’s identity and contact info appear on all internal, and external communications.
- Assign _**sufficient staff**_ and resources to the EO Officer, which provides top management support.
- Ensure that the EO Officer and staff have training  opportunities needed to maintain competency

## Term to Know  Sufficient Staff

- Any reasonable justification for the staffing levels and resources, proposed for meeting the needs of the local area, given its size and population.

**Term to Know  ****Sufficient Staff**

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## Question

- How does your State demonstrate that there are enough resources to support the EO Officer(s)?

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## Supporting Documentation

**Designation of State and LWIA EO Officers**

- The regulations implementing Section 188 of WIA require that specific documentation be submitted as part of the MOA.

## General Documentation

- Documentation should describe:
- Policy governing designations.
- Instructions for complying with EO Officer designation and support.
- Proof of the publication of EO Officer identities and contact information.
- Provisions for sufficient personnel, staff training, and operating resources.

## Documentation for Proof of Assistance from State and Local Workforce Investments Areas

- This supporting documentation should include but is not limited to:
- Directives governing EO Officer designation
- Notification of EO Officer identity and contact information

## Documentation for Proof of Assistance from State and Local Workforce Investments Areas (cont.)

- This supporting documentation should include but is not limited to:
- Proof of the provisions for sufficient staff and resources.
- Summary of EO Officer staff training that has been received and scheduled.

## The State’s Policy For Designating EO Officers

- State’s procedures for designating LWIA EO Officers.
- Description of the duties and responsibilities of the EO Officer(s).
- Identification of the EO duties and responsibilities to be performed by implementation staff.

**To be addressed by the state specialist:**

## Wrap-up Activity: Quiz

- In your groups, come up with 3 questions regarding the designation of an EO Officer. (5 minutes)
- Draw lots to determine which group asks a question first. The group that first answers correctly gets a point, then asks another question.
- Take turns asking questions.  Continue process until all have asked questions or until after 20 minutes.
- The group with the most points wins.

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## Methods of AdministrationMOA Element 1

- Designation of State and Sub-State Level Equal Opportunity (EO) Officer