2023 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.