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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
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County Counsel
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DATE:
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March 21, 2005
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BOARD MEETING DATE:
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April 12, 2005
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SPECIAL NOTICE/HEARING:
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None
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Board of Supervisors
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FROM:
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County Counsel
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SUBJECT:
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Resolution Modifying the Membership Requirements of the Workforce Investment Board of San Mateo County
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RECOMMENDATION:
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Adopt a resolution:
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1.
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Eliminating the requirement that the Workforce Investment Board (the “WIB”) shall total twenty-nine (29) members; provided that WIB membership remains in compliance with the Workforce Investment Act, 29 U.S.C. 2801 et seq. and the WIB Bylaws; and
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2.
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Eliminating the requirement that WIB membership include a minimum of two (2) representatives of each of the following: (a) local educational entities; (b) community-based organizations; and (c) economic development entities and eliminating the requirement that WIB membership include at least four (4) representatives to cumulatively represent each of the one-stop partners; provided that representation of such groups on the WIB remains in compliance with the Workforce Investment Act, 29 U.S.C. 2801 et seq. and the WIB Bylaws.
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VISION ALIGNMENT:
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Commitment: Realizing the potential of our diverse population.
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Goal 2: Civic engagement - including voting, public service, charitable giving, volunteerism and participation in public discussions of important issues - is uniformly high among the diverse population.
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The resolutions contribute to this commitment and goal by providing opportunities for a broad and diverse group of residents to participate in local government in ways that are both effective and meaningful.
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BACKGROUND:
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On February 29, 2000, and June 18, 2002, the Board of Supervisors approved resolutions setting forth and clarifying the membership parameters for the San Mateo County Workforce Investment Board. The resolutions, which specified, among other things, the number of members to serve on the WIB and the required representation of certain educational, labor, and other groups on the WIB, set forth requirements that exceeded those in the Workforce Investment Act of 1998, 29 U.S.C. 2801 et seq. The proposed resolutions would afford the WIB greater flexibility and enable it to add additional private sector Board members to insure continued compliance with the Workforce Investment Act even if other private sector board members were to leave the Board.
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DISCUSSION:
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As required by resolutions previously approved by the Board of Supervisors, the WIB is required to have, among other things, a minimum of two (2) representatives of each of the following: (a) local educational entities; (b) community-based organizations; and (c) economic development entities and is further required to have at least four (4) representatives to cumulatively represent each of the one-stop partners as defined by the Workforce Investment Act. All of these minimum numbers exceed those required by the Workforce Investment Act.
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Importantly, the Workforce Investment Act also requires that a majority of the members of the WIB be from the private sector. There are presently 15 required public and non-profit representatives as noted above, which means that there must also be 16 additional board members from the private sector. Should one or more private sector board members resign, there is a risk that a majority of the board would no longer be comprised of private sector members, in violation of the Workforce Investment Act. To the extent that the WIB is not in compliance with the Act, it risks decertification as a workforce investment board as well as the loss of federal funding. The proposed resolutions will allow the WIB to add additional private sector board members so that the risk of noncompliance is reduced.
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FISCAL IMPACT:
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There is no fiscal impact.
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