Current through Register Vol. 50, No. 9, September 20, 2024
A. Authority for Establishing an Elected
Committee of Licensed Managers is found in Section 107-B1 of Chapter 6A of
Title 20 U.S., commonly referred to as the Randolph-Sheppard Act.
B. Paragraphs 527.B.1-2 provide guidance in
approaching the degree of participation by the ECM.
1.
Active participation
means an ongoing process of good faith negotiations between the ECM and SLA to
achieve joint planning of policies, procedures, standards, rules and
regulations affecting the overall operation of the Business Enterprise Program
prior to implementation by the SLA.
2. The SLA shall have final authority and
responsibility in all decisions relative to the administration and operation of
all aspects of the Business Enterprises Program.
C. Functions of the Elected Committee of
Licensed Managers include:
1. actively
participate with the SLA in the major administrative, policy, and program
development decisions affecting the overall administration of the Business
Enterprises Program;
2. to receive
and transmit to the SLA grievances at the request of licensed managers and to
serve as advocates for such managers in connection with such
grievances;
3. to actively
participate with the SLA in the development and administration of a state
system for the transfer and promotion of licensed managers;
4. to participate with the SLA in developing
training and retraining programs for licensed managers;
5. to sponsor, with the assistance of the
SLA, meetings and instructional conferences for licensed managers;
6. to participate in setting out the method
of determining the charge for each of the purposes listed below:
a. maintenance and replacement of
equipment;
b. the purchase of new
equipment;
c. management
services;
d. assuring a fair
minimum of return to licensed managers; or
e. the establishment and maintenance of
retirement or pension funds, health insurance contributions, and provisions for
paid sick leave and vacation time, it is so determined by a majority vote of
licensed managers, after the SLA provides to each licensed manager information
on all matters relevant to such proposed purposes. [
34 CFR
395.9(b) and (c)]
D. The ECM will be
composed of licensed managers in the program based on such factors as geography
and business enterprise type with a goal of providing for proportional
representation of licensed managers on federal property and other property.
There will be an executive committee with their duties and terms of office
specified in the by-laws of the ECM.
E. The SLA shall provide for the biennial
election of a State committee of licensed managers which shall be fully
representative of all licensed managers in the state program. (34 CFR
395.14)
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
23:3022.
