(a) The State Workforce Development Board is hereby authorized to develop and facilitate the workforce programs in this state. As such, the State Workforce Development Board shall:
(1) Recommend the designation of local workforce investment areas in accordance with federal law:
(A) A local workforce investment area's chief local elected official may designate a local fiscal agent or a grant recipient which shall be either a municipal government, county government, consolidated government, or regional commission located within the physical boundaries of the local workforce investment area and who shall be approved by the State Workforce Development Board in a procedure established through rule;
(B) A local workforce investment area's chief local elected official shall sign and submit to the Workforce Division a budget within ten business days of such budget's approval; and
(C) A local workforce development board shall submit any nonbudgeted expenditure over $5,000.00 to the Workforce Division prior to completing the related transaction unless the Workforce Division has exempted a transaction from this requirement through rule or policy;
(2) Require every newly appointed chief local elected official, local board member, and local executive director to sign and date a conflict of interest statement which will then be submitted to the Workforce Division within ten business days of signature; and
(3) Reserve the right to suspend certification of a local board upon determination that an individual member of that board has violated the conflict of interest statement, until said member has resigned or otherwise been removed from the board.
(b) The Workforce Division shall create, in conjunction with the local workforce development boards, contracting guidelines which shall:
(1) Ensure all independent contractors involved in the provision of One-Stop services have sufficient insurance, bonding, and liability coverage;
(2) Ensure all potential conflicts of interest involving local workforce development board members, local elected officials, and local executive directors are made known prior to the awarding of the associated contract; and
(3) Restrict contracting between local workforce development areas and its members, its local elected officials, or its local executive director or any of those individuals' employees, or immediate family members.
(c) In accordance with paragraph (3) of subsection (a) of Code Section 50-7-90, the State Workforce Development Board may enforce the provisions of this chapter and the applicable federal law if the provisions of either are violated. If corrective actions issued as a result of financial or compliance related monitoring are not adhered to, the State Workforce Development Board may recommend the Governor:
(1) Issue a notice of intent to revoke approval of all or part of the local plan affected; or
(2) Impose a reorganization plan, which may include:
(A) Decertifying the local board involved;
(B) Prohibiting the use of eligible providers;
(C) Selecting an alternative entity to administer the program for the local area involved;
(D) Merging the local area into one or more other local areas; or
(E) Making such other changes as the United States Secretary of Labor or the Governor determines to be necessary to secure compliance with the provision.
Section: 50-7-90 50-7-91Last modified: October 14, 2016