N.Y. Labor Law § 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.