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Workforce Investment Act (WIA)
Workforce Investment Area
Designation Packet
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Workforce Investment Area
Checklist for Requesting Designation as a
Workforce Investment Area ( ) 1. Chief
Elected Official(s) review the criteria for designation of Workforce
Investment Areas (included in the Local Workforce Investment Area Designation
Packet) ( ) 2. Chief
Elected Official(s) determine the boundaries of the proposed area ( ) 3. Chief
Elected Official(s) adopt a resolution to request Workforce Investment Area
designation ( ) 4. Chief
Elected Official(s) complete a Local Workforce Investment Area Application to
demonstrate how the proposed geographic area meets the requirements for designation ( ) 5. Chief
Elected Official(s) submit a cover letter and the application by October
29, 2004, to the following address: Daryl Hennessy, Executive
Director Ohio Governor’s Workforce Policy
Board 77 South High St., 28th
Floor Columbus, OH 53215-6130 |
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Workforce Investment Area
Designation Packet Contents Part I Local Workforce Investment
Area Application Part II Attachments:
Attachment A - Ohio Workforce Policy Board Motion Attachment B - Roles and Responsibilities of Elected
Officials Attachment C - Roles and Responsibilities of Local
Workforce Investment Board Attachment D - Roles and Responsibilities of Local Workforce
Investment Board Youth Council Attachment E - Roles and Responsibilities of One Stop
Operators Documents Required After
Designation ( ) 1. Local Workforce Investment Areas that are
approved for designation complete a 5-Year Business Plan (which includes the requirements for the
5-Year Local Plan for WIA). ( ) 2. Administrative/Fiscal Settlement Close-Out
Requirements Plan ( ) 3. Administrative/Fiscal Settlement Close-Out
Requirements Package |
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Part I: Local Workforce Investment Area Application
Deadline: October 29, 2004
(For areas seeking an effective designation beginning
July 1, 2005)
Step 1 – Point of Contact
The following information concerns
the individual who is filling out this application on behalf of the proposed
Local Workforce Investment Area and will be the point of contact for future
correspondence.
Name (type or print)
Title
Organization or Agency
Address (mailing)
Phone
Fax
E-mail
Date of Application
Step 2 – Participating Counties in
the Proposed Local Workforce Investment Area
List the county(ies) that will form
the proposed Local Workforce Investment Area.
Step 3 – Local Area Designation
Criteria
Any governmental unit interested in
receiving a Local Workforce Investment Area designation must demonstrate how
the proposed geographic area meets each of the following criteria. Attach a
document to address each of the specific considerations, and any additional
evidence to support the claims. In your response, you must give the exact
section, page number and paragraph where the response is placed in your
document. Address the following:
(1) The
extent to which the proposed area will help a unit of general local government
or combination of local governments produce a comprehensive workforce
development system consistent with the goals of the Ohio Workforce Policy
Board’s Advance Ohio strategic plan (http://www.ohioworkforce.org/docs/gwpb/advanceohio.pdf)
including additional analysis of how the proposed area will improve the
effectiveness of the local workforce system and how various resources in the
region will be aligned;
(2) The
geographic area is served by local educational agencies and intermediate
educational agencies;
(3) The
geographic area is served by postsecondary education institutions and area
vocational education schools;
(4) The
extent to which the local area is consistent with a labor market;
(5) The
distances that individuals will need to travel to receive services within a
local area;
(6) The
resources available to administer the activities; and
(7) Any
unit of general local government or combination of local governments requesting
designation must demonstrate that it can sustain a comprehensive workforce
system by meeting the following minimum population criteria (based on 2000
census data).
County Population
One county 225,000
Two counties 175,000
Three counties 125,000
Four counties population does not matter
Step 4 – Signatures of Chief Elected
Official(s) from each County in the Proposed Local Workforce Investment Area
and a copy of the resolution requesting designation of the proposed Local
Workforce Investment Area.
One representative (Chief Elected
Official) from each county must sign below. If necessary you may attach a
different signature page for each representative.)
County Name (type or
print) Signature
Date
Step 5 - Signature of Local Workforce
Investment Board chairperson of each county in the proposed Local Workforce
Investment Area. (Local Workforce Investment Board chairperson from each county
that is forming the proposed Local Workforce Investment Area must sign
below. If necessary you may attach a
different signature page.)
County Name (type or
print) Signature Date
Step 6 – Mail Application to:
Ohio
Department of Development
Office
of Workforce Development
77
South High Street, 28th Floor
Columbus,
Ohio 43215-6130
Attention:
Daryl Hennessy- Local Area Designation Application
Should you have any questions
regarding the application and process, please call Daryl Hennessy at (614)
995-3802.
Part II: Attachments Attachment
A - OHIO WORKFORCE POLICY BOARD MOTION
Action Item #: 09-10-2003-1
WHEREAS, Governor Bob Taft charged
the Ohio Workforce Policy Board (“Board”), via Executive Order 99-33T, with
formulating plans and making recommendations related to the designation of
local workforce investment areas;
WHEREAS, the Board explicitly stated
in the AdvanceOhio strategic plan its desire to create a comprehensive
workforce development system that integrates Ohio’s economic development,
workforce development, and education and training systems into a cohesive, effective
system;
WHEREAS, the Board encourages the
creation of a system that includes partnerships and collaborations of programs
at the state and local levels and between private and public entities;
WHEREAS, the Board understands that
to achieve an effective and integrated system the local workforce investment
areas must be aligned with the existing primary, secondary, postsecondary, and
adult education infrastructure to ensure the needs of employers and current and
potential workers are met;
WHEREAS, an effective system must
also be aligned with existing labor markets to efficiently match employers,
workers, and potential workers who share common interests but remain flexible
enough to respond to changes in markets over time;
WHEREAS, a labor market is considered
an economically integrated geographic area within which individuals can reside
and find employment within a reasonable distance or can readily change
employment without changing their place of residence;
WHEREAS, the size of the local
workforce investment area must be appropriate in size to minimize travel for
businesses and individuals seeking services, large enough to be sustained over
time, and include resources that are beyond those provided by the Workforce
Investment Act;
WHEREAS, the Board continues to
value a statewide workforce system for Ohio that is business led, locally
implemented, and includes an integrated One-Stop delivery system;
WHEREAS, an effective system must be
built upon a strong business plan that is responsive to the core values
contained in the AdvanceOhio strategic plan;
WHEREAS, state resources must be
made available to provide technical assistance to local workforce investment
areas to assist in the development of a strong business plan;
WHEREAS, the Board understands that
the success of Ohio’s current workforce system is due to the collective
dedication of many business leaders, academic partners, and state and local
government officials but believes that additional leadership from these and
other partners will be needed to develop a truly effective statewide system;
and
WHEREAS, this policy is simply meant
to clarify the criteria the Board will use to recommend approval of requests for local workforce
investment area designation and is not intended to
encourage nor discourage changes in
the current status of any local area whether a conventional area or a part of
the Ohio Option area.
NOW THEREFORE BE IT RESOLVED THAT,
any governmental unit interested in redefining its local workforce investment
area must demonstrate how the proposed geographic area meets each of the
following criteria for the reasons stated above:
#
the
extent to which the proposed area will help a unit of general local government
or combination of local governments produce a comprehensive workforce
development system consistent with the goals of the Board’s AdvanceOhio
strategic plan (http://www.ohioworkforce.org/docs/gwpb/advanceohio.pdf)
including some additional analysis of how the proposed area will improve the
effectiveness of the local workforce system and how various resources in the
region will be aligned;
#
the
geographic area is served by local educational agencies and intermediate
educational agencies;
#
the
geographic area is served by postsecondary education institutions and area
vocational education schools;
#
the
extent to which the local area is consistent with a labor market;
#
the
distances that individuals will need to travel to receive services within a
local area;
#
the
resources available to administer activities;
#
any
unit of general local government or combination of local governments requesting
designation must demonstrate that it can sustain a comprehensive workforce
system by meeting the following minimum population criteria (based on 2000
Census data):
- one
county 225,000
- two
counties 175,000
- three
counties 125,000
- four
counties population does not
matter.
BE IT FURTHER RESOLVED THAT, any
local workforce investment area taking effect after June 30, 2005 must develop
a business plan that at a minimum is responsive to the core values contained in
the AdvanceOhio strategic plan; and
BE IT FURTHER RESOLVED THAT, state
resources, in the form of technical assistance, be made available to local
workforce investment areas to assist in the development of strong local
business plans.
Motion:
Second:
Vote: Yes: _____ No:
_____
Attachment C - Roles and
Responsibilities of
Workforce Investment Act (WIA) Chief
Elected Official(s)
A. Significant
Role
The Chief Elected Official(s) has a
significant role in establishing the local workforce investment act system and
working with the local board ensuring the delivery of workforce investment
activities in the local area.
A.Designation Request for Local
Workforce Investment Area
1. Board
of County Commissioners and Chief Elected Official(s) request designation of a
Local Workforce Investment Area (local area).
2. Determine
the units of general local governments that will comprise the Local Workforce
Investment Areas.
C. Establish
Administrative Structure
1. Chief Elected Official(s) serve as the
local grant recipient and is liable for any misuse of WIA funds allocated to
local area.
2. Designate
Chief Elected Official(s) to work with the local board.
3. Designate
one Fiscal Agent to assist in the administration of WIA Title I funds for
adults, dislocated workers and youth programs. The designation of one Fiscal
Agent for a local area does not relieve the Chief Elected Official(s) from
liability for misuse of funds because the Chief Elected Official(s) is the
local grant recipient.
The Chief Elected Official(s) or the
one designated Fiscal Agent shall disburse funds for workforce development
activities at the direction of the local board. Only one Fiscal Agent can be
designated.
4. Designate
one Administrative Entity to be responsible for administration, oversight and
monitoring of the WIA Title I programs for adults, dislocated workers and
youth. Only one Administrative Entity can be designated.
D.Activities of Chief Elected
Official(s) (some in conjunction with local board)
1. Appoint
members to the local board.
2. Develop
and submit local area 5 year business plan (that incorporates WIA local plan
guidelines) in partnership with local board.
3. Reach
agreement with local board on selection of One Stop Operator(s).
4. Approves local board budget.
5. Conducts
oversight of local youth program activities and adult and dislocated worker employment and training activities and One Stop
delivery system in the local area, in partnership with local board.
6. Negotiate
and reach agreement on local performance measures with local board and
Governor.
7. Cooperate
with local board as local board appoints youth council as subgroup within local
board.
8. Determines
the portion of local business plan to be developed by youth council.
9. Execute
an agreement that specifies roles of individual Chief Elected Officials when
local area includes multiple units of government.
10. Assist in facilitating and developing the
Memorandum of Understanding (MOU) executed by
the
One Stop partners and Local Workforce Investment Board with the agreement of
the Chief
Elected
Official(s).
E. Establish
Local Workforce Investment Board
1. Appoint
the members of the Local Workforce Investment Board (local board) for the local
area in accordance with State criteria.
2. Business
members shall have optimum policy-making authority and hiring authority.
3. Members
who represent organizations, agencies or other entities shall be individuals
with optimum policymaking authority within those organizations, agencies, or
entities.
4. Majority
of members must be representatives of business in the local area.
F. Process
for Appointing the Local Workforce Investment Board
1. Chief Elected Official(s) in a county,
city, or multi-jurisdictional area:
a. will
appoint local board members through a nominating process to include:
i. Local
business organizations and business trade associations nominate business
representatives;
ii. Local
federations of labor representing workers employed in the local area nominate
labor representatives; and
iii. Local
education organizations nominate education representatives.
b. may
assign other powers or responsibilities to the extent allowed by state law.
G. Appointing
the Local Workforce Investment Board
1. Who makes the appointments?
a. In single county jurisdictions: County
Board of Commissioners;
b. In
multi-jurisdiction: Chief Elected Official(s) (as designated by joint
agreement); and
c. In city jurisdiction: Chief Elected
Official of the municipality
2. When can appointments be made?
a. Local
areas that are re-structuring need to appoint members immediately.
3. How are appointments made?
a. Through
a nominating process (See Section F-1)
H. Composition
of the Local Workforce Investment Board:
1. The
composition of a Workforce Investment Board must include:
a. At
least 51% private sector business:
i. Owners,
chief executives, or operating officers, and business executives with optimum
policy making or hiring authority; and
ii. Represent
businesses with employment opportunities in the local area.
b. Two
representatives from Education:
i. Local
educational agencies,
ii. Local
school boards,
iii. Entities
providing adult education and literacy activities; and
iv. Post-secondary
education institutions (including community colleges – where they exist).
c. Two
representatives from Organized Labor:
i. Labor
organizations (for local areas in which employees are represented by labor
organizations),
ii. Nominated
by local federations, and
iii. Other
representatives of employees (for local areas where no employees are
represented by such organizations).
d. Two
representatives from community-based organizations:
i. Including
organizations representing individuals with disabilities and veterans (for
local area where such organizations are present).
e. Two
representatives from economic development agencies:
i. Including
either public or private sector economic development agencies.
f. Representatives
of each WIA required One Stop partners:
i. Programs authorized under Title I of WIA
(adults, dislocated workers and youth);
ii. Programs
authorized under the Wagner-Peyser Act (Employment Services);
iii Adult
education and literacy activities authorized in Title II of the Act;
iv. Programs
authorized under Title I of the Rehabilitation Act of 1973 (vocational
rehabilitation programs);
v. Programs
operated locally under Ohio Works First pursuant to Ohio’s welfare reform
legislation (H.B. 408);
vi. Programs authorized under section 403(a)(5)
of the Social Security Act (Welfare to Work programs), including local Welfare
to Work grants;
vii. Activities
authorized under Title V of the Older American’s Act (Senior Community
Employment Program);
viii. Post-secondary vocational education activities authorized under
the Carl D. Perkins Vocational and Applied Technology Education Act (may
include either vocational schools or two year colleges);
ix. Activities
authorized under Chapter 2 of Title II of the Trade Act of 1974 (Trade
Adjustment Assistance, known as TAA, and the North American Free Trade
Agreement program, known as NAFTA - both are benefit and training programs);
x. Activities
authorized under Chapter 41 of Title 38, U.S. Code (Disabled Veterans Outreach
Program and Local Veteran Employment Representative program);
xi. Employment
and training activities carried out under the Community Services Block Grant
(community action agencies);
xii. Employment
and training activities carried out by the Department of Housing and Urban
Development;
xiii. Programs authorized under State unemployment compensation laws in
accordance with applicable federal law;
xiv. Job
Corps (where they exist); and
xv. Local
entities that receive federal WIA grants for veterans, Native American Indians,
and migrant and seasonal farm workers (where they exist).
g. May
appoint local board members, in addition to those required by WIA, as long as
51% business majority is maintained.
2. Chairperson
shall be one of the appointed business representatives elected by the
representatives on the local board.
Intergovernmental Agreement Outline
A. Purpose and Function
Implementation of a local workforce
investment system pursuant to the Workforce Investment Act (WIA), requires that
Chief Elected Officials play an active role in both strategic planning and
ongoing operation of the local system. The purpose of an Intergovernmental
Agreement is to identify how the decisions that are delegated to Chief Elected
Officials and/or the designated Chief Elected Official will reflect the
agreement of all the Chief Elected Officials in all of the jurisdictions of a
local area.
This agreement should clearly state
the accord reached amongst the governmental entities involved and identify the
roles and responsibilities of all Chief Elected Officials within the local area
for the purpose of carrying out the WIA program.
B. Local Area Defined by this Agreement
The agreement needs to clearly
identify the units of local government or jurisdictions which are covered by
the agreement and which make up the local area.
C. Designating
a Chief Elected Official for the Local Area
The Parties to this Agreement should
identify the County Commissioner(s) and/or Mayor(s) to serve as the Chief
Elected Official of the local area for the purposes of approving local business
plan, establishing policy, authorizing WIA expenditures, establishing
contracts, paying for services outside of the local area or paying costs
associated with monitoring or audit findings or sanctions. Note: A single
Chief Elected Official may be designated to fulfill this requirement or a
combination of Chief Elected Officials from their respective jurisdictions.
The agreement should include a
process for Chief Elected Officials to provide input to the designated Chief
Elected Official for the purposes of reaching a consensus on critical decisions
that may impact the local workforce investment system. Examples of key
decisions may include, but are not limited to, the development of the local
business plan and its contents, and/or the allocation of WIA funds.
D. Establishment, Appointment, and Operation of the Local Board
The agreement should include an
agreed process for establishing and appointing the Local Workforce Board. Issues to consider include, but are not
limited to:
C the
size and membership of the local board in addition to require membership;
•
bylaws and
procedures for the local board actions;
•
how nominations
for local board members will be in solicited in accordance with WIA;
•
how board
members will be geographically represented by all jurisdictions
C within
the area;
C how
board members will be removed or replaced; and
C how
the local board will be staffed.
E. Fiscal
Issues
Because fiscal decisions frequently
impact the overall success of a program or initiative and because there is
clear liability associated with the management of public funds, the Parties to
this Agreement must have a clear understanding of the fiscal issues, most
importantly, how the WIA funds will be divided to ensure each jurisdiction
receives its fair share.
Fiscal issues to be included within
an intergovernmental agreement include, but are not limited to:
•
who will
function as the Fiscal Agent for WIA program funds (only one Fiscal Agent can
be designated for a local area);
•
how the local
area will comply with state and federal fiscal reporting requirements;
•
whether the
local area will have consistent fiscal policies relative to procurement,
auditing, fiscal monitoring, and overall fiscal administration;
C what
flexibility will there be to utilize WIA program funds for benefit of the
overall local area as opposed to each individual jurisdiction;
•
that all
agreements associated with fiscal agreements are subject to federal and state
requirements including, but not limited to, limitations on use of program
funds, cost allocation requirements, procurement requirements, reporting
requirements, and audit requirements;
•
other policy
issues associated with administration of the WIA program funds and other
program funds, if included in the local planning.
F. Administrative Issues
This section of the agreement is
designed to address the logistics of doing business and how administrative
tasks will be carried out within the local area. Clearly, there is a need to
identify an administrative structure to carry out the functions listed below.
Issues to be addressed in this section of the Intergovernmental Agreement
include, but are not limited to:
•
What
administrative structure will be in place within the local area to carry out
administrative tasks that may include:
<
staff support
for the Chief Elected Official(s) and the local board;
< local
planning support such as writing the local business plan; communicating local
planning information to Chief Elected Official(s), the local board, One Stop
partners and other stakeholders;
<
local grant
administration;
<
development of
local policy manuals and procedures;
<
provide or
arrange for technical assistance and training for local program
operators,
service providers, One Stop Operators and others as needed;
<
conduct
oversight for all WIA programs and activities;
<
support of local
information technology infrastructure;
<
procurement and
inventory control;
<
human resources
functions; and
<
others as
identified by the Chief Elected Official(s).
C How
will an administrative budget be developed?
•
Where will
administrative functions be housed?
G. Liability
Under WIA, Chief Elected Officials
are liable for misspent funds, disallowed costs, funds spent fraudulently, and
potential sanctions for non-performance. Therefore, it is strongly suggested
that Chief Elected Officials, within a local area, agree on how liability for
these funds will be shared among the counties or cities, should this
eventuality arise. Below are issues that should be addressed in the agreement
as it relates to liability.
•
If a local area
receives a monetary sanction for non-performance, who will be responsible for
paying the sanction?
•
If there are
disallowed costs or misspent funds that cannot be covered by grant funds, how
will funds be identified to pay the money back to the State?
•
If a local area
receives monetary incentives for good performance, how will decisions on how to
spend the money be made?
H. Performance Accountability
Generally, performance
accountability issues are addressed in the area’s local business plan. However,
it may also be desirable for Chief Elected Officials to have a shared agreement
on an approach to performance accountability. Possible issues to be addressed
in this section of the intergovernmental agreement may include, but are not
limited to:
C Who
will be responsible for negotiating local performance measures with the state?
(this should include Chief Elected Officials and local boards)
•
Will local
performance be measured on an area wide basis or by individual jurisdiction
with an area wide roll-up?
•
Will the local
area have any additional performance criteria in addition to federal and state
criteria?
•
How will
performance be administratively tracked locally?
•
How will
incentives and sanctions related to performance be shared among the
jurisdictions within the local area?
I. One Stop Service Delivery
The development of the local One
Stop service delivery system within a local area is a critical requirement under
the Workforce Investment Act. The local business plan developed by the Local
Workforce Investment Board with the agreement of the Chief Elected Official(s)
must provide a detailed description of the One Stop system and how it will
function.
There are a several issues
associated with One Stop design and implementation that Chief Elected Officials
may want to include in their Intergovernmental Agreement, such as the
following:
•
How will all the
key partners and stakeholders be brought to the table to design and implement
the One Stop service delivery system for the local area?
•
What specific
roles will Chief Elected Official(s) play in the design and implementation and
how will they be shared area wide?
•
How will the
location of the physical One Stop site(s) be identified?
J. Dispute Resolution Process
Because of the different interests
of the Chief Elected Officials within a local area, it is possible that
disputes will occur. The agreement should include provisions for resolving
disputes, should they arise. Below are possible issues to address in the
agreement relative to dispute resolution.
•
What types of
disputes do Chief Elected Officials agree rise to the level of needing a
dispute resolution process?
•
What type of
dispute resolution process should be used (mediation, arbitration, consultation
with the Governor’s Workforce Policy Board)?
K. Miscellaneous Provisions
•
Duration of the
Agreement;
•
Process for
Modification or Termination;
•
Signatures.
Attachment C - Roles and
Responsibilities of Local Workforce Investment Board
A. Significant
Role
1. The Chief Elected Official(s) has a
significant role in working with the Local Workforce Investment Board and
involvement in establishing the local workforce investment act system and
ensuring delivery of workforce investment act activities in the local area.
2. WIA provides that the Local Workforce
Investment Board
brings together business, education,
labor leaders, and other stakeholders to assess the workforce needs of
employers and employment and training needs of job seekers.
B.Conditions of Membership
1. WIA
does not specify term length for Local Workforce Investment Board members;
2. Conditions
of appointment are set locally;
3. Board
members serve at the pleasure of the Chief Elected Official(s) (may also serve
on the Governor’s Workforce Policy Board) and
4. Board
members are not considered “public officials” in their board capacity.
C. Local Board Meetings
Subject to the open meeting
requirements of federal WIA (in accordance with the sunshine provision” at 20
CFR 661.307).
D.
Functions and Responsibilities
1. Develop
a partnership with Chief Elected Official(s) who implement programs to carry
out business driven plans.
2. Local
Workforce Investment Board activities and functions are:
a. Elect
a chairperson from among the members of the local board. The chairperson must
be a business representative.
b. Develop,
in partnership with the Chief Elected Official(s), the five year local business
plan for submission to the Governor. Business plan must be published for public
comment period no less than 30 business days.
c. Develop
and enter into Memorandum of Understanding (MOU) with the agreement of the
Chief Elected Official.
d. Set
policy for the workforce investment system
within the local area.
e. Select
service delivery partners and designate or certify One Stop Operator(s) and
identify their roles, with the agreement of the Chief Elected Official(s).
f. Develop
a budget for carrying out the duties of the local board with the approval of
the Chief Elected Official(s);
g. Conduct oversight of local Title I adult,
dislocated worker and youth programs and the One Stop service delivery system
in the local area, in partnership with the Chief Elected Official(s).
h. Negotiate local performance measures with
the Chief Elected Official(s) and the Governor.
i. Assist
the Governor in developing the statewide employment statistics system.
j. Coordinate
workforce investment activities with local economic development strategies and
develop other employer linkages.
k. Promote
private sector involvement in the statewide workforce investment system through
effective connecting, brokering, and coaching activities through intermediaries
such as the One Stop Operator(s) in the local area, or through other
organizations to assist employers in meeting their hiring needs.
l. Identify
and approve eligible youth service providers, by awarding grants or contracts
on a competitive basis, and based on recommendation from the youth council.
m. Identify
eligible providers of intensive services by awarding contracts (if One Stop
Operator does not provide intensive services). Local board may deliver
core and intensive services with the agreement of the Chief Elected Official(s)
and the Governor.
n. Identify and approve eligible training providers for training services to adults and disloc