Developing Communities That Work
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By-Laws (Currently Under Revision)
 
 

Article I - Name
Pursuant to the Workforce Investment Act of 1998 (hereinafter referred to as WIA), Temporary Assistance to Needy Families, the Workforce Florida Act of 1996, and the Workforce Innovation Act of 2000 and other laws of the State of Florida, the South Florida Workforce Board of Miami-Dade and Monroe Counties, (hereinafter referred to as the “Board”) has been established and has been certified by the Governor.

Article II - Areas to be Served by the Board
The areas to be served by the Board, under the WIA, Temporary Assistance to Needy Families and the Workforce Innovation Act, as designated by the Governor, are located within the geographical boundaries of Miami-Dade and Monroe Counties (hereinafter referred to as the "Region").

Article III - Purpose of the Board
The mission of the Board shall be to serve as the Miami-Dade/Monroe partnership for workforce development; to coordinate service delivery activities to upgrade the workforce skills of the Region's residents; and to increase employment opportunities for economically disadvantaged residents of the Region, dislocated and long-term unemployed workers, recipients and former recipients of Temporary Assistance for Needy Families, refugees, youth and other individuals with barriers to employment, through the increased involvement of the business community, including small businesses, minority business enterprises, women in business, and other representatives of the business community and other organizations that carry out activities related to the Board's workforce development mission. As mandated by the Workforce Florida Act, the Board shall allocate resources and programs in a manner that eliminates unwarranted duplication, minimizes administrative costs, meets the existing job market demands and the job market demands resulting from successful economic development activities, ensures access to quality workforce development services for all residents of the Region, and maximizes successful outcomes. These activities shall include but not be limited to providing policy guidance for, and exercising oversight with respect to, activities under the Five Year WIA Plan, the Welfare Transition and Welfare to Work Plans for the Region, in partnership with the Local Elected Officials (hereinafter referred to as LEOs) within the Region, not inconsistent with Section 501(c)(3) of the United States Code, Section 26 (Revenue Code) and applicable state statutes.

Article IV - Membership of the Board
The Board shall be composed of members appointed by the LEOs of Miami-Dade and Monroe Counties , and the Cities of Miami, Miami Beach , and Hialeah .

When the term of an appointee expires, or when otherwise the appointee terminates membership on the Board, the Board may request reappointment of the member in a replacement appointment. A new member shall be appointed by the LEOs of the member jurisdiction that made the appointment of the member whose membership expires or terminates. The LEOs shall appoint members to the Board from the leadership and/or decision-making positions of each of the represented entities.

(a) General
A majority of the Board membership shall be representative of private sector industry and business, including large, medium-size, and small business, minority business enterprises, and women in business (hereinafter referred to as "private sector"). The Board shall also include members representing community based organizations, economic development organizations, public and private sector educational and institutions, organized labor, the public employment service, vocational rehabilitation agencies, the public assistance agency , and representatives of the mandated One-Stop Partners.

(b) Private Sector Members

(1) Private sector members of the Board will be representatives of the business community in terms of the types of businesses represented, such as small, medium-size, and large businesses, minority-owned businesses, women in business, and others reflective of the commercial, industrial and demographic make-up of the Miami-Dade/Monroe business community.

(2) Representatives of the private sector shall be chief executives, chief operating officers, owners of business concerns, or other private sector executives with substantial management or policy responsibility.

(3) Whenever possible, at least one-half of the private sector members shall be representatives from small businesses, including minority businesses and women in business. (For this purpose, "small business" shall mean any private for profit enterprise employing 500 or fewer employees.)

(4) Of the full membership of the Board, at least more than 50% shall be representatives of the private sector business community.


(c) Additional Members
Representatives of each of the following shall be included among the Board membership:
(1) Local Elected Officials

(2) Community Based Organizations (including at least one seat representing a non-profit community based organization which provides direct job training and placement services to hard-to-serve individuals including the target population of people with disabilities, and at least one seat for a community based organization representing veterans).

(3) Economic Development Agencies

(4) Private Educational Institutions (including one representative of a private post-secondary educational institution that is approved to receive Individual Training Accounts (ITAs) in the Region and confers certificate or diplomas, and one representative of a private educational institution that is approved to receive ITAs and confers degrees)

(5) Public Educational Institutions (Miami-Dade County Public Schools, Monroe County Public Schools, Miami-Dade Community College and Florida Keys Community College) shall each select and be represented by an individual with substantial decision-making authority (including representation of the Region's Community Colleges and school districts)

(6) Organized Labor (including three representatives)

(7) Public Employment Service (to be represented by an individual with substantial decision-making authority who can represent the Agency for Workforce Innovation for Miami-Dade and Monroe Counties ),

(8) Vocational Rehabilitation (to be represented by an individual with substantial decision-making authority who can represent the Department of Education Vocational Rehabilitation Services for Miami-Dade and Monroe Counties.


Public Assistance (to be represented by an individual with substantial decision-making authority who can represent the Department of Children and Families for Miami-Dade and Monroe Counties , Florida ).

Other and mandated One-Stop Partners , including representatives from each of the categories of mandated One-Stop Partners who are not otherwise represented on the Board:


· the public housing agencies in the local area who have federal funding for employment and training activities from the U.S. Department of Housing and Urban Development;

· local entities that administer Community Service Block Grants;

· Job Corps contractors in the Region;

· the local entity that carries out federally funded Native American employment and training programs;

· the local entities that carry out federally funded Migrant and Seasonal Farmworker employment and training programs; and

· the local contractors for the federally funded Senior Community Service Employment Program.

(d) Appointment
Board members shall be appointed by the LEOs in the Region, pursuant to Article IV, from nominations submitted from the following:

(1) Private sector members shall be selected from nominations received from local general purpose business organizations.

(2) Local Elected Officials shall be nominated by the Chief Elected Official or the legislative body of member jurisdictions selected to represent the Board of the South Florida Employment and Training Consortium.

(3) Members representing private educational institutions shall be selected from nominations received from regional or local educational agencies, vocational educational institutions, institutions of higher education (including entities offering adult education), or general organizations of such agencies or institutions within the Region.

(4)  Labor members shall be selected from persons recommended by recognized State and local labor federations. If the State or local labor federation fails to nominate an individual, an individual worker may be included on the Board to represent Labor. Who would select the individual worker?

(5) Members representing public education or state agencies shall be nominated by their respective organizations.

Task Forces shall be created to insure that all organizations who function as One-Stop Partners have adequate input into SFW Board deliberations. These task forces shall be created for each category of One-Stop Partner where multiple organizations in the Region are to be represented on the SFW Board by a single individual. A Housing Agencies (Spelling) ) Task Force shall bring together representatives from all of the Region's public housing agencies that have federal funding for employment and training activities . A Migrant and Seasonal Farmworkers Program Task Force shall bring together representatives of all of the federally funded migrant and seasonal farmworkers employment and training contractors in the Region. A Job Corps Task Force shall represent all of the Region's Job Corps contractors. A Senior Community Service Employment Program Task Force shall represent all of the Region's federally funded Senior Community Service Employment Program contractors.

Each of these Task Forces shall meet periodically, but at least once every two years, to nominate one of its members to represent the category of organizations on the SFW Board. In addition, these Task Forces shall meet periodically to provide input to the individual representing them on the SFW Board so that this individual can adequately represent their interests on the Board.

(6) Other members shall be selected from persons recommended by other interested organizations.

(7) Any vacancy in the membership of the Board shall be filled in the same manner as the original appointment, as stated above in this article.

(e) Terms
(1) The appointments of members, made by the participating jurisdictions, shall be for fixed two (2) year terms. The terms shall be staggered so that the terms of approximately one-half of the Board expire each year on June 30 th .

( 2) When a seat becomes vacant prior to the end of a term, the Board may request that the LEOs of the appropriate member jurisdiction make a replacement appointment, or, a seat may be eliminated, so long as none of the seats mandated by the WIA or the Workforce Innovation Act are eliminated. Replacement appointments will be made for the remainder of the term of the Board member being replaced.

(3) When a Board member's term expires, the Board may request that the LEOs of the appropriate member jurisdiction fill the seat, or the seat may be eliminated, percentages, as above, are maintained, and so long as none of the State mandated seats are eliminated, as above.

(4) If a seat is to be filled, the Board member shall remain a member of the Board until a successor is duly appointed.

(5) A Board member may be reappointed to the Board for more than one term.

(f) Removal for Cause
Any member of the Board may be removed for cause. The term "for cause" shall include, but not be limited to, conviction for a felony, or for a misdemeanor involving moral turpitude.

Recommendations for removal of a member for cause will be considered on an individual basis by the Chairperson, who will present the facts to the membership at a regularly or specially scheduled meeting for resolution by the membership. A two-thirds (2/3) majority of those members present and voting will be required for removal. If the Chairperson is recommended for removal for cause, the Vice Chairperson for Miami-Dade County shall consider the recommendation and shall present the facts to the membership. In the absence of the Vice Chairperson for Miami-Dade County , the Vice Chairperson for Monroe County will assume the above responsibility.

(g) Removal for Excessive Absenteeism
Any member of the Board who is absent from three regular Board meetings during the period of a Program Year (twelve months beginning July 1 and ending June 30), and/or more than 50% of the annual meetings of any one committee which the member selects as his/her committee assignment, shall be notified in writing by the Chairperson that he/she will be removed from the membership ten working days from the receipt of said notification, unless the member submits a written appeal to the Executive Committee requesting to remain on the Board. The appeal shall be in written form, addressed to the Chairperson, detailing the reasons for not attending the meetings of the Board, and highlighting the contributions to the Board since the member's original appointment. The Executive Committee shall take action and render a decision on such an appeal, and transmit this decision to the members for their approval, confirmation or ratification at the next Board meeting.

Article V - Organization of the Board
1. The Board shall be a 501(c)(3) non-profit corporation of the State of Florida and shall include the following offices, to be filled through elections by the full Board membership:

(a) Chairperson - The Chairperson of the Board shall be a member representing the private sector. The Chairperson shall preside over all regular and specially scheduled meetings. The term of the Chairperson shall not exceed two (2) years; if the remainder of the term of the appointment of the member is less than two (2) years, the term of the Chairperson shall be the remainder of such term. The Chairperson shall also serve as the President of the Corporation.

(b) Vice Chairpersons - Two Vice Chairpersons will be elected by the membership; at least one of the two must represent the private sector. One of the two shall be designated as the Vice Chairperson for Miami-Dade County and shall be selected from among the general membership representing Miami-Dade County ; the second shall be designated as the Vice Chairperson for Monroe County and shall be selected from among the general membership representing Monroe County . In the absence of the Chairperson, the Vice Chairperson for Miami-Dade County shall preside over a regular or specially scheduled meeting. In the absence of both the Chairperson and the Vice Chairperson for Miami-Dade County , the Vice Chairperson for Monroe County shall preside. The terms of the Vice Chairpersons shall not exceed two (2) years or the remainder of the terms of appointment of each of the members elected to these offices, whichever is less. The Vice Chairpersons shall also serve as First Vice President and Second Vice President of the Corporation.

(c) Secretary - The Secretary shall be charged with the responsibility of keeping official Board minutes. The term of office of the Secretary shall not exceed two (2) years or the remainder of the member's term of appointment, whichever is less.

(d) Treasurer - The Treasurer shall be charged with the responsibility of attesting to the validity of the financial accounts of the Board. The term of office of the Treasurer shall not exceed two (2) years or the remainder of the member's terms of appointment, whichever is less.

Officers may be re-elected for one or more additional terms.

2. Scheduling of Elections - Biennial elections shall be held at the first regularly scheduled meeting of the program year. The Executive Committee shall appoint a Nominating Committee. The Nominating Committee shall make recommendations for each office and the full Board shall vote on such recommendations.

3. Filling of Vacant Offices - If an office becomes vacant between elections, the Nominating Committee shall make recommendations within sixty (60) days of the vacancy. The Board shall hold a special election to fill the office. The person elected to fill the vacant office shall serve the remainder of the previous electee's term or the remainder of the member's term of appointment, whichever is less.

Article VI - Standing Committees
Subsequent to the Board election of a Chairperson, the Chairperson shall appoint the Chairperson of each committee, subject to Board ratification. The members of each committee shall be nominated by the Committee Chairperson, appointed by the Board Chairperson, and ratified by the membership.

The Board shall carry out activities through the following standing committees:

1. Programmatic Committee

The Programmatic Committee shall be charged with overall responsibility for planning, policy development and review, funding recommendations, program oversight and evaluation responsibility for the Region's activities, services, and funding streams for WIA adults and dislocated workers, universal access Wagner-Peyser jobseekers, unemployment claimants, veterans, food stamp employment and training program recipients, refugees, empowerment zone residents, workers dislocated as result of NAFTA and other trade-related impacts, and any other programs that may be assigned by the Board to this Committee. This Committee shall have primary responsibility for the consolidated program operations of the Region's network of Career Centers, and the activities of its One-Stop Operators, Intensive Services Partners (both inside and outside the Career Centers), ITA and Direct Training Partners, and Partners of supportive services and special initiatives. The Committee shall also have primary responsibility for overseeing performance management for WIA federal standards and for the State's performance measures for the WIA, Wagner-Peyser, and Unemployment Compensation programs as well as measures for other activities of the Career Centers including the Food Stamp Employment and Training Program, the Job Corps recruitment program, veterans programs, TAA/NAFTA activities, and including jobseeker and employer customer satisfaction measures. This committee will especially consider the extent to which the Region's programs are meeting the needs of particular hard-to-serve groups such as the disabled, offenders, and the homeless. The Committee shall operate from time to time through special task forces such as the Performance Monitoring Task Force and the One-Stop System Review Task Force.

2. Youth Council

This Council, which is the local counterpart of the State's First Jobs/First Wages Council, will be made up of Board Members as well as additional Associate Members that meet the federally mandated representation categories for a WIA Youth Council. Associate Members of the Youth Council shall include representation of the following: education, local law enforcement, the juvenile justice system, public housing agencies, other youth-serving agencies, eligible youth and their parents. The Youth Council shall be responsible for planning and overseeing all program activities targeting the Region's eligible youth including establishing linkages with educational agencies and other youth-serving entities, developing the portion of the Region's local plan related to eligible youth, recommending eligible youth service Partners, subject to the approval of the Board, conducting oversight of youth Partners, evaluating and overseeing the success of these Partners in meeting all federal, state and local youth standards.

3. Welfare-to-Work Committee

This Committee, which is the local counterpart of the State's Better Jobs/Better Wages Council, shall be responsible for planning and overseeing all consolidated program activities for Welfare Transition and Welfare-to-Work program participants, including overseeing the local strategy for encouraging self-sufficiency and minimizing dependence on public assistance by emphasizing training, job placement, and transitional services. This Committee is charged with overseeing and evaluating the effectiveness of the consolidated One-Stop System's and the system's Partners in meeting performance standards for the Welfare Transition and Welfare-to-Work Programs. The Committee will examine the effectiveness of the system in diverting potential assistance recipients, and in making long-term gains in job retention, earnings, and self-sufficiency.

4. High Skill/High Wage Jobs and Economic Development Committee

This Committee shall conform to the requirements of the Workforce Innovation Act of 2000. It shall therefore consist of five private sector business representatives; and shall include the Board Chairperson, the presidents of the community colleges within the Board's Region, those district school superintendents with authority for conducting postsecondary educational programs within the Region, and a representative from a non-public postsecondary institution that is an authorized ITA Partner within the Region. Other than the Board Chairperson, these appointees to the High-Skill/High-Wage Committee need not be Board Members.

The High-Skill/High Wage Jobs Committee shall review the kinds of training programs that are of fered by the Region's training institutions and determine the extent to which they are responsive to the needs of the business community and the plans that are being pursued by the Region's economic development agencies to stimulate the growth of the local economy. The Committee shall hold one or more workforce estimating conferences each year to determine what occupational areas need to be added to or deleted from the Region's Targeted Occupations List. The Committee shall report annually to Workforce Fl orida Inc., recommending policies to enhance the responsiveness of high-skill/high wages programs in the Region to business and economic development opportunities.

The Committee may invite to participate in its meetings other individuals, or other Board members not included in the State-mandated membership of this committee, as appropriate to consideration of particular issues. The Committee may also join with similar committees from the Broward and Palm Beach County Regions to consider high-skill/high wage and economic development issues that impact the South Florida Region as a whole.

5.  Finance Committee

The Committee shall receive monthly financial reports on revenue, obligations and expenditures by funding stream, including budget variance reports by line item. The Committee shall perform independent oversight of the financial health of the organization, develop and review policies that impact the Board's ability to manage the Region's finances, and formulate recommendations on improvement of financial systems.

6. Public Relations Committee

This Committee shall develop and oversee the implementation and evaluation of an advertising and public relations plan for the Board, targeting both employers and jobseekers.

7. Employer Services Committee

his Committee shall be responsible for all planning and oversight of activities designed to enhance South Florida Workforce services to local employers, the perception of these services by the media and the Region's jobseeker and employer customers, and the level of customer satisfaction demonstrated in the State's customer satisfaction measures for the Region.

8. Legislative Committee

This Committee shall monitor all activity on the federal, state, and local levels that might impact the programs and services of the Board, and identify needed actions, including the development of a legislative agenda as appropriate within the constraints of federal and state prohibitions against lobbying activity.


In addition to the above, the Board Chairperson may from time to time appoint ad hoc committees or special task forces as needed to develop recommendations for consideration by the Board or to carry out other assigned activities.

The Board Chairperson may appoint ad hoc committees or special task forces as needed to develop recommendations for consideration by the full Board.

Article VII - Executive Committee
The Chairperson, two Vice Chairpersons, the Secretary, the Treasurer, and the Chairpersons of each Standing Committee shall constitute the Executive Committee. The immediate past Chairperson shall serve as a member of the Executive Committee until such member's term on the Board expires, The Executive Committee shall:

· be charged with the duty of advising and counseling the Chairperson, and rendering assistance and cooperation of such officer;

· have full power and authority to exercise functions of the Board during the interim between the meetings of the Board;

· review information pertaining to the Region's budget and fiscal position, to insure that the Region remains in a sound fiscal position and meets all audit requirements;

· insure that principles of sound employment practices, Affirmative Action and Equal Employment Opportunities are reflected in the personnel policies and procedures of the Administrative Entity;

· exercise other functions as may be delegated to it by the Board;

· maintain lines of communication to the Local Elected Officials.


All Executive Committee meetings shall be convened by the Board Chairperson. All actions taken by the Executive Committee shall be subject to approval, confirmation or ratification by the Board and no action of the Executive Committee shall be binding on the Board unless adopted and approved by the Board.

Article VIII - Administrative Entity, Staff, and Legal Counsel

1.  The Local Elected Officials shall designate an Administrative Entity which shall be responsible for the day-to-day administrative, contracting and finance, monitoring and reporting functions.

2. The Board shall have its own staff that will manage the planning, policy development and review functions, Board functions, performance management and oversight functions. Payroll for the Board staff will be handled through a contractual agreement with Miami-Dade County .

3.  The Board shall hire its own counsel.

Article IX - Voting and Conflict of Interest
1. Each member of the Board shall have the right to one vote on all matters coming before the Board at regular and/or specially scheduled meetings. However, a member must be present during the entire presentation and deliberation of a matter in order to vote thereon. No member of the Board shall abstain from voting unless there is a conflict of interest.

2. No member of the Board shall cast a vote involving awards, selection or provision of services to any firm or organization which that member directly represents on the board or which employs or is about to employ the member or the member's immediate family member, or if any of the above have a financial or other interest in the firm selected for award. Any member of the Board having a conflict of interest shall indicate such a conflict at the beginning of the Board's consideration of an item and before a vote is cast. No member of the Board who has a conflict of interest shall participate in discussion or decision making on any item without first declaring the conflict of interest.

3. If the Board enters into a contract with an organization or individual represented on the Board, the contract must be approved by a two-thirds (2/3) vote of the entire Board, and the Board Member who would benefit financially from the transaction shall abstain from voting on the contract.

4. A member shall not vote by proxy.

5. A majority of the members in attendance shall carry any motion, unless otherwise specified in these By-laws.


Article X - Meetings of the Board
1. Meetings of the Board shall be held at locations accessible to the public. All meetings, including committee meetings, shall be held in compliance with the Florida Law in the Sunshine Act. Agendas for Board meetings shall be made available five (5) working days in advance of regular scheduled Board meetings.

2. The Board shall meet not less than four times each Program Year.

3. Special meetings of the Board may be called by the Board Chairperson or by any ten (10) members who petition the Chairperson for a special meeting. In either case, notice must be given three (3) working days in advance of the requested meeting date, and such requests shall include a written agenda. The discussion at special meetings shall be limited to the issue(s) for which the meeting was called.

4. For the purpose of conducting business and voting at both regular and special meetings, not less than one-third (1/3) of the current members of the Board shall constitute a quorum.

5. All Board meetings shall be conducted in accordance with Roberts Rules of Order, except where said rules of order conflict with any of these By-laws, in which case the By-laws will prevail.


Article XI - Amendment Procedures
The Board may alter, amend, revise, add to, repeal or rescind these By-laws and/or adopt new By-laws at pleasure, by a two-thirds (2/3) vote of all the current members of the Board at any meeting of the Board, provided that notice of the proposed alteration, amendment, revision, addition, repeal or recision of the By-laws or adoption of new By-laws shall have been given at least fifteen (15) days preceding the meeting.

Article XII - Termination of the Board
The Board shall exist until such time as its enabling legislation is repealed, or legislation otherwise requires the termination of the Board.

Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(C)(3) of the Internal Revenue Code of 1986, or corresponding section of any future Federal tax code, or shall be distributed to the Federal, state, or local government for public purpose. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principal office of the organization is then located, exclusively for such purposes.

Article XIII - Conflict
If there is any conflict between the federal and State legislation and/or regulations and these By-laws, the legislation and/or regulations shall prevail.

If any provision of these By-laws is held invalid, the remainder of the By-laws shall not be affected thereby.

 

 
     

 

 

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