Chapter 692-1 STATE WORKFORCE DEVELOPMENT BOARD
Rule 692-1-.01 Definitions
(1) | "Board" shall be defined as the State Workforce Development Board, any Local Elected Official Board, or any Local Workforce Development Board. |
(2) | "Board Member" shall be defined as any member of the State Workforce Development Board, any Local Elected Official Board, any Local Workforce Development Board, or any individuals serving on any councils or standing committees created under any of the aforementioned Boards. |
(3) | "Chief Local Elected Official" shall be defined as that individual who is elected by the Local Elected Official Board in those Local Workforce Development Areas which are comprised of more than one county or municipality. In those Local Workforce Development Areas which are comprised of one county or municipality,"Chief Local Elected Official" shall be the chief elected executive officer of a unit of general local government in that area. |
(4) | "Conflict of Interest" shall be defined as the instance in which a Public Official's private and or personal interest might prevent or appear to prevent the Public Official from exercising his or her official judgment, discretion, powers, or duties in an unbiased manner. |
(5) | "Fiscal Agent" shall be defined as a city government, county government, or regional commission that is responsible for administering Workforce Innovation and Opportunity Act funds for a Local Workforce Development Area. |
(6) | "Immediate Relative" shall be defined as a spouse, partner, parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece, first cousin, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother, half-sister, or individual residing in the same household. |
(7) | "Local Elected Official Board" shall be defined as a board, group, or entity which may exist in those Local Workforce Development Areas which are comprised of more than one county or municipality, and which shall be comprised of the mayors and county commission chairpersons within that area. |
(8) | "Local Workforce Development Area" shall be defined as an area that has been designated under Section 106 of the Workforce Innovation and Opportunity Act. |
(9) | "Local Workforce Development Board" shall be defined as a board established under Section 107 of the Workforce Innovation and Opportunity Act. |
Rule 692-1-.02 State Workforce Development Board
(1) | There shall be a State Workforce Development Board established pursuant to the Workforce Innovation and Opportunity Act which shall assist the Governor in creating an integrated statewide strategic plan for Workforce Development, which links workforce policies and education programs to the economic needs of the State, its regions and its communities. The State Workforce Development Board shall have the powers and duties as set forth in the Workforce Innovation and Opportunity Act and O.C.G.A. §§ 34-14-1, 2. |
(2) | The State Workforce Development Board shall create bylaws to guide and govern its proceedings. The bylaws shall include a conflict of interest provision, which shall be distributed to State Workforce Development Board Members by the Technical College System of Georgia's Office of Workforce Development. |
(3) | Upon appointment, each State Workforce Development Board Member shall sign and date a copy of the bylaws and the conflict of interest provision. |
(4) | All State Workforce Development Board meetings shall be conducted in accordance with Robert's Rules of Order, and meeting minutes shall be kept. |
(5) | All State Workforce Development Board meetings shall be conducted in accordance with Federal sunshine laws and the Georgia Open Meetings Act. |
(6) | The
State Workforce Development Board shall authorize the Technical College System
of Georgia's Office of Workforce Development to provide interpretive guidance
to Local Workforce Development Boards and Local Workforce Development Areas to
enable a more effective implementation of the provisions of the Workforce
Innovation and Opportunity Act.
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Rule 692-1-.03 Chief Local Elected Official
(1) | Within each Local Workforce Development Area, there shall be a Chief Local Elected Official who shall have the powers and duties set forth by the Workforce Innovation and Opportunity Act and O.C.G.A. §§ 34-14-1, 2. |
(2) | The Chief Local Elected Official shall be appointed or elected by the Local Elected Official Board, except in those Local Workforce Development Areas comprised of a single county or municipality. In such Local Workforce Development Areas, the Chief Local Elected Official shall be the chief elected executive officer of a unit of general local government in that Local Workforce Development Area. |
(3) | A Chief Local Elected Official's term shall run concurrent with the term set by his or her respective elected office. In no instance shall a Chief Local Elected Official serve more than a period of eight (8) years without being reelected by the Local Elected Official Board in those Local Workforce Development Areas where a Local Elected Official Board is required. |
(4) | A Chief Local Elected Official may appoint a Fiscal Agent to administer the Workforce Innovation and Opportunity Act funds for a Local Workforce Development Area and the Fiscal Agent shall be approved by the Technical College System of Georgia's Office of Workforce Development prior to receiving funds. |
(5) | The Chief Local Elected Official shall be liable for any misuse of Workforce Innovation and Opportunity Act grant funds allocated to the Local Workforce Development Area. |
(6) | The Chief Local Elected Official shall appoint the members of the Local Workforce Development Board consistent with the requirements of the Workforce Innovation and Opportunity Act. |
Rule 692-1-.04 Local Elected Official Board
(1) | In those Local Workforce Development
Areas comprised of more than one (1) county or municipality, there may exist a
Local Elected Official Board, which shall be comprised of the mayors and county
commission chairpersons within the designated local workforce development area.
A Local Elected Official Board shall create an agreement which, at a minimum,
shall include the following:
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(2) | Each Local Elected Official Board Member shall sign and date a copy of the agreement and the conflict of interest provision, which shall be submitted to the Technical College System of Georgia's Office of Workforce Development and retained by the Local Elected Official Board for review by the Technical College System of Georgia's Office of Workforce Development. |
(3) | A Local Elected Official Board Member's term shall run concurrent with the Local Elected Official Board Member's elected office. |
(4) | Proxy voting shall not be permitted with respect to the election of a Chief Local Elected Official. For any other official action, proxy voting shall be permitted. |
(5) | Local Elected Official Board meetings shall be conducted in accordance with Robert's Rules of Order, and meeting minutes shall be kept and made available for review upon request by the Technical College System of Georgia's Office of Workforce Development. |
(6) | All Local Elected Official Board meetings shall be conducted in accordance with Federal sunshine laws and the Georgia Open Meetings Act. |
Rule 692-1-.05 Local Workforce Development Board
(1) | Each Local Workforce Development Area shall have a Local Workforce Development Board in compliance with the membership requirements of the Workforce Innovation and Opportunity Act. |
(2) | Each Local Workforce
Development Board shall create a set of bylaws, which, at a minimum, shall
include the following:
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(3) | Upon appointment, each Local Workforce Development Board Member shall sign and date a copy of the bylaws and the conflict of interest provision, which shall be submitted to the Technical College System of Georgia's Office of Workforce Development and retained by the Local Workforce Development Board for review by the Technical College System of Georgia's Office of Workforce Development. |
(4) | Proxy voting shall not be permitted for any Local Workforce Development Board action. |
(5) | A Local Workforce Development Board member shall be automatically removed and replaced for failing to attend three (3) consecutive board meetings without cause. |
(6) | Local Workforce Development Board meetings shall be conducted in accordance with Robert's Rules of Order, and meeting minutes shall be kept and made available for review by the Technical College System of Georgia's Office of Workforce Development. |
(7) | All Local Workforce Development Board meetings shall be conducted in accordance with Federal sunshine laws and the Georgia Open Meetings Act. |
Rule 692-1-.06 Conflict of Interest & Code of Conduct Policy
(1) | A Board Member shall not:
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(2) | A Board Member shall disclose and divulge the existence of an actual or potential Conflict of Interest prior to any vote or participation in the decision making process and such disclosure shall be expressly noted in the Board's minutes. |
(3) | In the event that an
actual or potential Conflict of Interest exists, the affected Board Member
shall recuse himself or herself from voting on the impacted topic and shall
also refrain from participating in any discourse involving the impacted topic
other than bringing the actual or potential Conflict of Interest to the Board's
attention.
Additionally, in the meeting minutes, the Board shall recite the nature of the actual or potential Conflict of Interest and the recusal of the impacted Board Member with respect to the vote and discussion of the impacted topic. |
(4) | In the
event that a Board Member is uncertain as to whether an actual or potential
Conflict of Interest exists, the Board Member shall notify the Board and the
remainder of the Board shall vote to determine whether an actual or potential
Conflict of Interest exists.
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(5) | The Chairman of the Board shall inquire
as to whether a Conflict of Interest exists among Board Members prior to any
vote involving the following:
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