(a) Creation and Duties. - There is created within the Department of Commerce the North Carolina Commission on Workforce Development. The Commission shall have the following powers and duties:
(1) To develop strategies to produce a skilled, competitive workforce that meets the needs of the State's changing economy.
(2) To advise the Governor, the General Assembly, State and local agencies, and the business sector regarding policies and programs to enhance the State's workforce by submitting annually a comprehensive report on workforce development initiatives in the State.
(3) To coordinate and develop strategies for cooperation between the academic, governmental, and business sectors.
(4) To establish, develop, and provide ongoing oversight of the "One-Stop Delivery System" for employment and training services in the State.
(5) To develop a unified State plan for workforce training and development.
(6) To review and evaluate the plans and programs of agencies, boards, and organizations operating federally funded or State-funded workforce development programs for effectiveness, duplication, fiscal accountability, and coordination.
(7) To develop and continuously improve performance measures to assess the effectiveness of workforce training and employment in the State. The Commission shall assess and report on the performance of workforce development programs administered by the Department of Commerce, the Department of Health and Human Services, the Community Colleges System Office, the Department of Administration, and the Department of Public Instruction in a manner that addresses at least all of the following:
a. Actual performance and costs of State and local workforce development programs.
b. Expected performance levels for State and local workforce development programs based on attainment of program goals and objectives.
c. Program outcomes, levels of employer participation, and satisfaction with employment and training services.
d. Information already tracked through the common follow-up information management system created pursuant to G.S. 96-32, such as demographics, program enrollment, and program completion.
(7a) To issue annual reports that, at a minimum, include the information listed in sub-subdivisions a. through d. of subdivision (7) of this section on the performance of workforce development programs administered by the entities listed in that subdivision. The first annual report shall be delivered to the General Assembly by January 15, 2014.
(8) To submit to the Governor and to the General Assembly by April 1, 2000, and biennially thereafter, a comprehensive Workforce Development Plan that shall include at least the following:
a. Goals and objectives for the biennium.
b. An assessment of current workforce programs and policies.
c. An assessment of the delivery of employment and training services to special populations, such as youth and dislocated workers.
d. Recommendations for policy, program, or funding changes.
(9) To serve as the State's Workforce Investment Board for purposes of the federal Workforce Investment Act of 1998.
(10) To take the lead role in developing the memorandum of understanding for workforce development programs with the Department of Commerce, the Department of Health and Human Services, the Community Colleges System Office, and the Department of Administration. The memorandum of understanding must be reviewed at least every five years.
(11) To coordinate the activities of workforce development work groups formed under this Part.
(12) To collaborate with the Department of Commerce on the common follow-up information management system.
(b) Membership; Terms. - Effective January 1, 2013, the Commission on Workforce Development shall consist of 25 members appointed as follows:
(1) By virtue of their offices, the following department and agency heads or their respective designees shall serve on the Commission: the Secretary of the Department of Administration, the Secretary of the Department of Health and Human Services, the Superintendent of Public Instruction, the President of the Community Colleges System Office, the Commissioner of the Department of Labor, and the Secretary of the Department of Commerce.
(2) The Governor shall appoint 19 members as follows:
a. Two members representing public, postsecondary, and vocational education.
b. One member representing community-based organizations.
c. Three members representing labor.
d. Thirteen members representing business and industry.
(3) The terms of the members appointed by the Governor shall be for four years.
(c) Appointment of Chair; Meetings. - The Governor shall appoint the Chair of the Commission from among the business and industry members, and that person shall serve at the pleasure of the Governor. The Commission shall meet at least quarterly upon the call of the Chair.
(d) Staff; Funding. - The clerical and professional staff to the Commission shall be provided by the Department of Commerce. Funding for the Commission shall derive from State and federal resources as allowable and from the partner agencies to the Commission. Members of the Commission shall receive necessary travel and subsistence in accordance with State law.
(e) Agency Cooperation; Reporting. - Each State agency, department, institution, local political subdivision of the State, and any other State-supported entity identified by or subject to review by the Commission in carrying out its duties under subdivision (6) of subsection (a) of this section must participate fully in the development of performance measures for workforce development programs and shall provide to the Commission all data and information available to or within the agency or entity's possession that is requested by the Commission for its review. Further, each agency or entity required to report information and data to the Commission under this section shall maintain true and accurate records of the information and data requested by the Commission. The records shall be open to the Commission's inspection and copying at reasonable times and as often as necessary.
(f) Confidentiality. - At the request of the Commission, each agency or entity subject to this section shall provide it with sworn or unsworn reports with respect to persons employed or trained by the agency or entity, as deemed necessary by the Commission to carry out its duties pursuant to this section. The information obtained from an agency or entity pursuant to this subsection (i) is not a public record subject to the provisions of Chapter 132 of the General Statutes and (ii) shall be held by the Commission as confidential, unless it is released in a manner that protects the identity and privacy of individual persons and employers referenced in the information.
(g) Advisory Work Group. - The Commission shall appoint an Advisory Work Group composed of representatives from the State and local entities engaged in workforce development activities to assist the Commission with the development of performance measures. (1999-237, s. 16.15(b); 2011-401, s. 1.7; 2012-131, s. 1(a).)
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Last modified: March 23, 2014