1.4 Local Workforce Development Boards (Local WDBs) | 1.4.3 Functions of the Local WDB

1.4.3 Functions of the Local WDB ¹

Effective date: July 1, 2017

Revised date: June 1, 2021

The primary role of the local WDB is to serve as a strategic convener to promote and broker effective relationships between the CEOs and economic, education, and workforce partners throughout the local area. The local WDB must develop strategies to continuously improve and strengthen the workforce development system through innovation in, and alignment and improvement of, employment, training, and education programs to promote economic growth. ²

Required Functions

Once established and certified, each local WDB must carry out specific functions as defined in WIOA Sections 107(d) and 108, and summarized as follows:

Develop and maintain the 4-year Local Plan
If involved in a planning region, develop and maintain the Regional Plan in collaboration with the other local areas within the region
Conduct workforce research and regional labor market analysis
Convene, broker, and leverage workforce development system stakeholders
Lead employer engagement efforts
Collaborate with education representatives to develop and implement career pathways
Identify and promote proven and promising practices
Develop and implement strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, workers, and job seekers
Conduct program oversight
Negotiate local performance accountability measures
Negotiate methods for funding the infrastructure costs of one-stop centers in the local area
Select and monitor one-stop operators and service providers
Ensure adequate availability of career and training services, maximizing consumer choice
Coordinate workforce activities with education and training providers
Develop, implement, and monitor a budget
Assess and enact accessibility for individuals with disabilities
Certify one-stop centers in accordance with 20 CFR 678.800

Optional Functions

WIOA allows local WDBs to perform other functions when certain conditions apply, as outlined below. ³

One-Stop Operator

A local WDB may be selected as a one-stop operator only with the agreement of the CEO in the local area and the State. The selection process must occur:

Through successful competition in accordance with 20 CFR 678.615; or
Through sole-source procurement in accordance with 20 CFR 678.610.

In cases where the local WDB is serving in the role of one-stop operator, then the State must ensure certification of one-stop centers.

Career Services

A local WDB may act as a provider of career services for Adult and Dislocated Worker Programs only with the agreement of the CEO in the local area and the State.

Youth and Young Adult Program

The local WDB may directly provide some or all youth workforce investment activities. ⁴

Avoiding Conflict of Interest ⁵

In cases where local organizations are functioning simultaneously in a variety of roles (i.e. service provider and fiscal agent, or service provider and one-stop operator), the organization must develop a written agreement (MOU) with the local WDB and CEO to clarify how the organization will carry out its responsibilities while demonstrating compliance with WIOA and corresponding regulations, the Uniform Guidance, and the State's conflict of interest policy.

The written agreement must clearly describe how the organization and the local WDB will ensure that appropriate firewalls are in place to minimize fiscal risk and prevent a conflict of interest, or the appearance of a conflict of interest.⁶ The emphasis should be on duties that are incompatible or vulnerable to conflict. Some considerations are:

Access to information related to the multiple roles must be restricted.
Supervision or control of staff performing the multiple roles must be separate.
No entity or individual that has any role in issuing a solicitation may compete or submit a proposal under that solicitation.
Even if there is an adequate separation of duties for most functions, an entity that serves multiple roles within the local area may not audit or monitor itself.⁷

When adequate separation within an organization is not possible, DWD-DET requires the organization to outsource the duties that are in conflict.

¹ WIOA Section 107(d)
² TEGL 27-14
³ 20 CFR 679.410
⁴ 20 CFR 681.400(a); TEGL 21-16
⁵ 20 CFR 679.430
⁶ 81 FR 56105; 20 CFR 679.430
⁷ "Transparency in the Workforce System: Establishing Firewalls & Internal Controls." Presented by DOLETA at the 2017 WIOA National Convenings. Accessed 4/15/21 from https://ion.workforcegps.org/resources/2017/03/20/10/21/Financial_Grants_Management_Presentations