1.4.1 Summary
Effective date: July 1, 2017
The
Workforce Innovation and Opportunity Act (WIOA) requires the establishment of one local workforce development
board (local WDB) in each local area of the State. 1 The chief elected official (CEO)
in each local area is required to appoint the members of the local WDB within that area, in accordance with the criteria
established in this policy. 2
Each local WDB must be certified by the State upon initial establishment, and must be recertified once every two years
thereafter. 3 To become initially certified, and to gain biennial recertification, the
local WDB must satisfy certain membership requirements.
Once established and certified each local WDB is required to carry out specific functions as defined in WIOA
Section 107(d) and clarified in Subpart C—Local Workforce Development Boards of the WIOA Final Rule. 4
Biennial recertification is dependent upon the success of the local WDB in carrying out those functions.
1.4.2 Role of the Chief Elected Official (CEO)
Effective date: July 1, 2017
The chief elected official within a local area serves a vital role in establishing and governing the local WDB
within that area.
Multiple Units of Local Government
In cases where more than one unit of local government exists within a local area, the chief elected officials
of such units may execute an agreement to describe their responsibilities for carrying out roles and
responsibilities, including financial liability. 1 This agreement
(i.e., CEO Consortium Agreement) shall determine which official shall serve as the lead for the consortium,
and therefore be the designated CEO for the local WDB.
Appointment of Local WDB Members
The chief elected official (CEO) in each local area is required to appoint the members of the local WDB
within that area (except those members representing the State's Department of Workforce Development (DWD))
in accordance with established local WDB by-laws and the criteria established in this policy. 2
Special Note About Department of Workforce Development (DWD) Appointees
Positions on the local WDB designated for representatives from State of Wisconsin civil service agencies (i.e., Wagner-Peyser, Vocational Rehabilitation, and Unemployment Insurance) will be appointed to two (2) year terms by the State Secretary of
Workforce Development.
At the commencement of each biennial local WDB recertification process DET will issue a list of current
DWD-appointed representatives, to include the name, title, contact information, and term end date of
each appointee.
By-Laws 3
The CEO for each local WDB must establish by-laws, consistent with State policy, that, at minimum,
address the following:
- the nomination process used by the CEO to elect non-DWD-appointed Local WDB members;
- the length of terms for local non-DWD-appointed WDB members, and the process by which term end dates
will be staggered to ensure only a reasonable portion of the members' terms expire during any given year;
- the process by which the CEO will be notified of a vacancy on the local board to ensure prompt nomination
for and filling of the position;
- the process that will be used when a board member is unable to attend a meeting and assigns a designee
per the requirements at 679.110(d)(4);
- the use of technology, such as phone and web-based meetings, to promote board member participation;
- the process to ensure board members actively participate in convening the workforce development system's
stakeholders, brokering relationships with a diverse range of employers, and leveraging support for
workforce development activities; and
- a description of any other conditions governing appointment or membership on the local board as deemed
appropriate by the CEO.
Any changes to the local WDB's By-Laws, including additions, rescissions, amendments, or revisions,
must be submitted to the WDB's assigned Local Program Liaison within 20 business days.
Other CEO Functions
The CEO for the local area serves as the local grant recipient. 4
The CEO collaborates with the local WDB on the following required functions:
- determining the methodology applied to determining the infrastructure funding of the one-stop delivery system
in the local area;
- approving the Memorandum of Understanding executed between the local WDB and the one-stop partners
relating to the operation of the one-stop delivery system in the local area;
- setting policy for the workforce development system within the local area;
- developing the local plan; and
- performing all functions outlined in WIOA Section 107(d) and 20 CFR 679.370.
1.4.3 Functions of the Local WDB 1
Effective 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.
1.4.4 Limitations of Local WDB 1
Effective date: July 1, 2017
Local WDBs are not authorized to provide training services.
Local WDBs do not have authority to mandate curricula for schools.
1.4.5 Local WDB Staff 1
Effective date: July 1, 2017
WIOA allows each local WDB to employ a director and other staff to assist in carrying out the required and
optional functions described in this policy.
Director
The local WDB shall establish and apply a set of objective qualifications for the position of director
that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet
identified benchmarks and to assist in effectively carrying out the functions of the local WDB.
Limitations on Rate
Local WDBs may hire staff using funds available under sections 128(b) and 133(b) as described in
section 128(b)(4). Pay rates and bonuses for these staff shall be subject to the limitations described in
section 194(15).
Limitations on pay rate can be determined using the most recent Salary Table:
Rates of Basic Pay for the Executive Schedule (EX).
1.4.6 Standing Committees
Effective date: July 1, 2017
The local WDB may designate and direct the activities of standing committees to provide information
and assist the local board in carrying out required activities. Establishment of standing committees is not required.
If established by the local WDB, each standing committee must:
- be chaired by a member of the local board; and
- include other individuals appointed by the local WDB who are not members of the local board
and who the local board determines have appropriate experience and expertise.
Standing committees may also include other members of the local WDB.
WIOA expressly authorizes standing committees to address specific, defined needs as outlined below:
- One-Stop Delivery System: A standing committee to provide information about and assist
with operational and other issues relating to the one-stop delivery system; may include as members
representatives of the one-stop partners.
- Youth: A standing committee to provide information about and assist with planning, operational,
and other issues relating to the provision of services to youth; shall include community-based organizations
with a demonstrated record of success in serving eligible youth.
- Individuals with Disabilities: A standing committee to provide information about and assist
with operational and other issues relating to the provision of services to individuals with disabilities.
The local WDB may establish other standing committees as it determines appropriate.
1.4.7 Sunshine Provisions 1
Effective date: July 1, 2017
The local WDB shall make available to the public, on a regular basis through electronic means and open meetings,
information regarding the activities of the local board, including:
- information regarding the local plan, or modification of the local plan, prior to submission of the plan;
- list and affiliation of local WDB members;
- selection of one-stop operators;
- award of grants or contracts to eligible training providers of workforce investment activities, including
providers of youth workforce investment activities;
- minutes of formal meetings of the local WDB; and
- local WDB by-laws.
1.4.8 Local WDB Membership and Criteria 1
Effective date: July 1, 2017
The chief elected officials (CEOs) in each local area shall appoint members to the local WDB in accordance
with the criteria outlined below:
Business
No less than 51% of each local WDB shall be representatives of businesses in the local area.
Local WDB members representing the Business category must be:
- individuals with optimum policymaking or hiring authority;
- from businesses, including small businesses or organizations representing businesses, that
provide employment opportunities and include high-quality, work-relevant training and development opportunities
in in-demand industry sectors or occupations 2 in the local area. 3
- "Businesses" can include non-profit organizations representing in-demand industry sectors,
such as employers in healthcare and/or education.
- "Organizations representing businesses" can include trade associations and local and/or
regional chambers of commerce.
Business Category Nominations
CEOs in each local area must solicit nominations for local WDB representatives from local business
organizations and business trade associations, and make appointments to the local WDB from among the
individuals nominated.
Workforce
Not less than 20% of the members of each local WDB shall be representatives of the workforce within the
local area.
In this category, local WDBs must include:
- at least two (2) representatives of labor organizations; and
- at least one (1) representative who is a member of a labor organization or a training director
from a joint labor-management apprenticeship program.
In local areas where no organized labor representation exists, CEOs shall ensure that at least two (2)
other representatives of employees are included in the local WDB membership.
In local areas where no joint labor-management program exists, CEOs shall ensure that at least one (1)
additional representative of an apprenticeship program is included in the local WDB membership.
Labor Representative Nominations
For local WDB representatives from labor organizations and joint labor-management programs,
CEOs must solicit nominations from local labor federations, and then must make appointments to
the local WDB from those individuals nominated.
Within the Workforce category, CEOs may also include:
- representatives of community-based organizations that have demonstrated experience and expertise in
addressing the employment needs of individuals with barriers to employment, including organizations that serve
veterans or that provide or support competitive integrated employment for individuals with disabilities; and/or
- representatives of organizations that have demonstrated experience and expertise in addressing
the employment, training, or education needs of eligible youth, including representatives of organizations
that serve out-of-school youth.
Education and Training
In this category, local WDBs must include:
- at least one (1) representative of eligible providers administering Adult Education and Family Literacy Act
(AEFLA) activities under Title II of WIOA; and
- at least one (1) representative of institutions of higher education providing workforce investment
activities (including, but not limited to, Wisconsin Technical Colleges).
In cases where there is more than one (1) provider of AEFLA activities, or multiple institutions of higher education
providing workforce investment activities, operating within the local area, the CEO must solicit nominations from those
providers and institutions, and appoint required representatives from among the individuals nominated. There is no
requirement that the local WDB include a representative from each provider operating within the local area.
Within this category, CEOs may also include:
- representatives of local educational agencies, and of community-based organizations with demonstrated
experience and expertise in addressing the education or training needs of individuals with barriers
to employment.
Government and Economic and Community Development
In this category, local WDBs must include:
- at least one (1) representative of economic and community development entities;
- at least one (1) representative of the State employment service office under the Wagner-Peyser Act
serving the local area;
- at least one (1) representative of the programs carried out under Title I of the Rehabilitation Act of 1973
serving the local area;
- at least (1) representative of Unemployment Insurance.
- NOTE: Inclusion of an Unemployment Insurance representative is neither strictly required,
nor strictly prohibited, in WIOA Section 107(b)(1). In the interest of partnership with all relevant
workforce development agencies, the State requires each local WDB to include a representative from
the Division of Unemployment Insurance.
See Special Note About Department of Workforce Development (DWD) Appointees.
In the event one or more of the DWD-appointed positions becomes vacant during the two (2) year certification
period, the local WDB must follow the procedures outlined in Changes to Local WDB Membership
to notify the LPL of the vacancy so the DWD Secretary can appoint a replacement.
Other
CEOs may appoint other individuals to the local WDB at their discretion, including:
- representatives of agencies or entities administering programs serving the local area relating to
transportation, housing, and public assistance;
- representatives of philanthropic organizations serving the local area; and/or
- other individuals or representatives of entities the CEO determines appropriate.
If appointing other representatives, the CEO must ensure that required percentages for Business (at least 51%)
and Workforce (at least 20%) categories are maintained.
For a summary of WDB Membership Requirements, including recommendations for appropriate nominating agencies
in each category, please see Attachment A, Summary of WDB Membership Requirements.
Representation of Multiple Categories
Members of a local WDB may be appointed as representatives to multiple categories if they meet all the
criteria for representation in each of those categories. 4
In cases where a single individual is representing multiple categories, the individual shall only
receive one (1) vote.
When no representation of multiple categories occurs, the minimum size of a local WDB will be 23 members.
[Attachment A, Summary of WDB Membership Requirements, p. 3.]
Demographic and Geographic Diversity
CEOs in each local area shall strive to ensure that their local WDB includes adequate representation of
diversity in the following areas:
- in-demand industry sectors;
- geographic location within the local area; and
- demographics including gender, race/ethnicity, ability/disability, etc.
Additional Requirements
Members appointed to the local WDB must be individuals with optimum policy-making authority within the
entities they represent, meaning they can reasonably be expected to speak affirmatively on behalf of the
entities they represent and commit those entities to a chosen course of action. 5
All required local WDB members, as outlined above, must have voting privilege. The CEO may choose whether or
not to convey voting privileges to non-required members. 6
1.4.9 Chairperson
Effective date: July 1, 2017
The members of the local WDB shall elect a chairperson for the local board from among the representatives
in the Business category, as described in 1.4.8. 1
1.4.10 Biennial WDB Recertification 1
Effective date: July 1, 2017
After initial establishment, each local WDB must be recertified by the State once every two (2) years.
Recertification shall be granted to one (1) local WDB in each designated local area based on the following criteria:
- Membership of the local WDB is compliant with the membership criteria outlined in the
Local WDB Membership and Criteria section 1.4.8; and
- During the most recent period of certification (prior two (2) years) the local WDB has ensured
positive outcomes for workforce investment activities carried out in the local area, including
successful attainment of performance accountability measures and achievement of sustained fiscal integrity.
Failure to Achieve Recertification
In cases where local WDBs fail to achieve recertification, the Governor shall appoint a compliant WDB
following the process outlined in WIOA Section 107(c)(1)(B)(ii).
Decertification 2
Local WDBs may be decertified in certain cases, including when:
- The local WDB is found to have committed fraud, abuse, and/or failure to carry out required functions.
- In this case, the Governor shall provide notice to the CEO(s) and the local WDB,
and an opportunity for comment which will last no less than 30 days.
- The local WDB has failed to meet the local performance accountability measures for such local area
in accordance with section 116(c) for two (2) consecutive program years.
If a local WDB is decertified, the Governor, in consultation with the CEO in the local area, may issue a
reorganization plan and require that a new board be appointed per the criteria established in the
Local WDB Membership and Criteria section 1.4.8.
When subject to reorganization, the local board and CEO for a local area have 30 days after receiving
notice of the reorganization plan to appeal to the Governor to rescind or revise the plan. The Governor
must provide the CEO with a ruling within 30 days of receiving the appeal. The local board and CEO have 30 days
from the date of receiving the Governor's ruling to file an appeal with the Secretary of Labor. The
Secretary must make a final decision with 30 days of receiving the appeal. However, the Governor's ruling
will be effective at issuance, and will remain effective unless rescinded or
revised by the Secretary of Labor. 3
- 1 WIOA Section 107(c)(2)
- 2 WIOA Section 107(c)(3)
- 3 WIOA Sections 116(g)(2)(B,C)
1.4.11 Changes to Local WDB Membership
Effective date: July 1, 2017
To ensure continuous compliance with WIOA and this policy, any changes to the membership of the
local WDB must be reported in writing to the Local Program Liaison assigned to the local area within 20 business days
from the date of the change.
Notification shall include:
- the name of the board member
- the nature of the change (i.e. added, removed, etc.)
- the organization represented
- job title
- category of inclusion (Business, Workforce, Education & Training, Government/Economic and
Community Development, Other)
- term of appointment; and
- for any new member(s) added to the Board, a signed Conflict of Interest form attached to the notification.
1.4.12 Conflict of Interest 1
Effective date: July 1, 2017
WIOA directs that a member of a local WDB, or a member of a standing committee, may not:
- vote on a matter under consideration by the local board
- regarding the provision of services by the member (or by an entity that the member represents); or
- that would provide direct financial benefit to the member or the immediate family of the member.
- engage in any other activity determined by the Governor to constitute a conflict of interest as
specified in the State plan.
Each representative serving on the local WDB is required to have a current, signed Conflict of Interest form
on record with the Board and with the State. Conflict of Interest forms shall be renewed at the beginning of each
Biennial WDB Recertification Process, and shall be provided to the State at that time. For any individual
joining the board between recertification periods, a signed Conflict of Interest form must be submitted to the
WDB's assigned Local Program Liaison within 20 business days of the member's appointment.
1.4.13 Summary of Responsibilities
Effective date: July 1, 2017
CEO Required Actions
- Develop By-Laws governing local WDB operations
- Appoint members to the local WDB ensuring compliance with Federal, State, and
Local regulations, including the established By-Laws
- Serve as the grant recipient for the local area
- Collaborate with the local WDB to perform required functions
Local WDB Required Actions
- Perform required functions as outlined in WIOA and this policy
- Provide information to the public in accordance with the Sunshine Provision
Local WDB Optional Actions
- Designate Standing Committees to assist in informing local WDB decisions/actions
- Employ staff to assist in carrying out required functions
State Required Actions
- Certify one (1) local WDB in each local area of the state
- Recertify each local WDB at least once every two (2) years during the Biennial WDB Recertification process
State Workforce Development Board (CWI) Required Actions
