NY Lab L § 852 (2021)
2021 New York Laws LAB - Labor Article 24-A - New York State Workforce Investment Act 852 - New York State Workforce Investment Board.

§  852.  New  York  state  workforce investment board. 1. Creation and constitution. (a) The governor  shall  establish  a  board,  within  the department,  to  be  known  as  the  New York state workforce investment board. The board shall be composed of forty-nine members, including  the following  permanent  members:  the governor; two members of the senate, appointed by the temporary president of the senate; two members  of  the assembly, appointed by the speaker of the assembly; the commissioners of labor,  education,  of  children  and  family  services,  temporary  and disability assistance and economic development; the chair of  the  urban development  corporation  and  the chancellor of the state university of New York.  (b) The remaining thirty-seven members of the board shall be appointed by the governor as follows:  (i) twenty-five representatives of business who:  (A) are owners of businesses, chief executives or  operating  officers of  businesses,  and other business executives or employers with optimum policymaking or hiring authority, including members of  local  workforce investment boards;  (B)  represent  businesses  with employment opportunities that reflect the employment opportunities of the state;  (C) are appointed from among individuals nominated by  state  business organizations and business trade associations; and  (D)  include  one representative from each of the state's five largest industry sectors as determined by the department;  (ii)  two  chief  elected  officials  (representing  both  cities  and counties, where appropriate);  (iii)  four  representatives  of  labor  organizations,  who have been nominated by the  New  York  State  American  Federation  of  Labor  and Congress of Industrial Organizations;  (iv)  two  representatives  of individuals and organizations that have experience with respect to youth activities, nominated  by  state  youth organizations;  (v)  two  representatives  of  individuals and organizations that have experience  and  expertise  in  the  delivery  of  workforce  investment activities, including chief executive officers of community colleges and community-based  organizations  nominated  by  associations representing community colleges and community-based organizations within the state;  (vi) one member who is a veteran nominated from a list provided by the New York State American Federation of Labor  -  Congress  of  Industrial Organizations; and  (vii)  one  member  with  experience in mature worker issues nominated from a list provided by the New York State American Federation of  Labor - Congress of Industrial Organizations.  (c)  Members  of  the board that represent organizations, agencies, or other entities shall be  members  with  optimum  policymaking  authority within  such  organizations,  agencies  or  entities. The members of the board shall represent diverse regions of  the  state,  including  urban, rural and suburban areas.  (d)   Members,   excluding  those  specifically  designated  permanent members, shall be appointed for the following terms: ten  members  shall be appointed for one year; ten members shall be appointed for two years; and nineteen members shall be appointed for three years. Thereafter, the terms of new members or members reappointed shall be three years.  (e)  The  board membership of any appointee described in paragraph (b) of  this  subdivision  shall  cease  upon  a  change  in  such  member's qualifying  status.  In  such  event,  the  governor shall appoint a new member representing the same interest as that originally represented  by such member.  (f)  Any member appointed to fill a vacancy shall serve the balance of the term that was vacated.  (g)  Members  of the board shall receive no compensation, but shall be entitled  to  reimbursement  for  any  necessary  expenses  incurred  in connection with the performance of their duties.  (h) The board shall meet no less than quarterly each calendar year.   2.  Chairperson. The governor shall select a chairperson for the board from  among  the  representatives  described  in  subparagraph  (i)   of paragraph (b) of subdivision one of this section.   3.  Duties  and  responsibilities of the board. The board shall assist the governor in fulfilling the requirements  of  the  federal  Workforce Investment Act of 1998 (P.L.105-220) including:  (a) development of the state plan;  (b)  development  and  continuous improvement of a statewide system of activities that are funded under subtitle B of title I  of  the  federal Workforce Investment Act of 1998 (P.L. 105-220) or carried out through a one-stop  delivery  system  that  receives  funds  under  such subtitle, including:  (i) development of  linkages  in  order  to  assure  coordination  and nonduplication  among  the  programs  and  activities  that comprise the one-stop delivery system; and  (ii) review of local plans;  (c) commenting at least once annually on the measures  taken  pursuant to paragraph fourteen of subdivision (b) of section one hundred thirteen of  the  Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C.2323 (b) (14));  (d) designation of local workforce investment areas.  With  regard  to designations  that  are  not  automatic  or  temporary, the governor may approve a request from any unit of general local government (including a combination of such units) for designation as a local area if the  board determines,  taking  into  account  the factors described in clauses (i) through (v) of subparagraph (B) of paragraph (1) of subdivision  (a)  of section  one  hundred sixteen of the federal Workforce Investment Act of 1998 (P.L. 105-220), and recommends  to  the  governor  that  such  area should be so designated;  (e)  development  of allocation formulas for the distribution of funds for adult employment and training activities  and  youth  activities  to local areas;  (f)  development  and  continuous  improvement  of comprehensive state performance measures, including state adjusted levels of performance  to assess  the  effectiveness of the workforce investment activities in the state;  (g)  development  of  the  statewide  employment   statistics   system described  in  subdivision  (e)  of section fifteen of the Wagner/Peyser Act; and  (h) development of an application for incentive grants awarded by  the secretary  of  labor  to states that exceed the state adjusted levels of performance.   4. Subcommittees. The board may  establish  subcommittees  to  examine areas of particular interest or to assist it in monitoring the long term needs  of  employers  and  job  seekers and setting appropriate goals to address such needs. Such areas or needs may include, but are not limited to, incumbent  workers,  transitional  workers,  emerging  workers,  and apprenticeship.   5.  Staffing.  Staff  support for the state board shall be provided by the department in consultation  with  appropriate  workforce  investment partners.    6.  Conflict  of interest. A member of the board may not (a) vote on a matter  under  consideration  by  the  state  board  (i)  regarding  the provision  of  services  by such member or by an entity that such member represents; or (ii) that would provide direct financial benefit to  such member  or  the  immediate  family  of such member; or (b) engage in any other activity determined by the governor to constitute  a  conflict  of interest as specified in the state plan.   7.  Removal.  Any  non-permanent member of the board may be removed by the governor for cause.   8. Transition. Whenever the job training partnership council, the  job training partnership committee, or the job training coordinating council is referred to or designated in any general, special or local law, or in any  rule,  regulation, contract or other document, such reference shall be deemed to refer to the New York state workforce investment board.   9. Sunshine provisions. The state board shall make  available  to  the public,  on a regular basis through open meetings, information regarding the activities of the board, including information regarding  the  state plan  prior to submission of the plan, information regarding membership, and, on request, minutes of formal meetings of the state board.