Current through Register Vol. 35, No. 18, September 24, 2024
The local board must establish bylaws that include, at a
minimum, the following sections:
A.
Establishment. Acknowledge that the local board is established in accordance
with WIOA section 107;
B. Name.
Identify the name of the local board.
C. Purpose. Acknowledge the establishment of
the local board consistent with WIOA sections 107;
D. Duties and responsibilities. Acknowledge
the duties and responsibilities as outlined in WIOA and in the partnership
agreement between the CEOs and the local board.
E. Membership. Include a description of
membership as outlined in WIOA section 107 and in the CEO agreement, as
required by this rule.
F. Local
board chair election. Describe the process used to elect a local board chair,
including term details.
G. Election
of officers. Outline officer positions, the process used to elect officers,
officer terms, removal of officers, and specific officer roles and
responsibilities.
H. Meetings.
(1) Information on how often local board and
committee meetings will be held.
(2) Acknowledgement of open meeting
requirements and compliance.
(3)
Description of the process of announcing regular and special
meetings.
(4) Acknowledgement that
a quorum shall consist of at least a simple majority of the currently appointed
membership.
(5) Clarification as to
whether phone and web-based meetings will be permitted.
I. Delegation of local board duties.
Acknowledge that local board members will not be permitted to delegate any
local board duties to proxies or alternates.
J. Committees. Include a list of standing
committees including the descriptions for each and composition, and description
of the process for having ad hoc committees.
K. Conflict of interest. Acknowledge that
local board members shall adhere to the following in regard to conflict of
interest:
(1) A local board member may not
vote on any matter that would provide direct financial benefit to the member or
the member's immediate family, or on matters of the provision of services by
the member or the entity the member represents.
(2) A local board member shall avoid even the
appearance of a conflict of interest. Prior to taking office, local board
members shall provide to the local board chair a written declaration of all
substantial business interests or relationships they, or their immediate
families, have with all businesses or organizations that have received,
currently receive, or are likely to receive contracts or funding from the local
board. Such declarations shall be updated annually or within 30 days to reflect
any changes in such business interests or relationships. The local board shall
appoint an individual to timely review the disclosure information and advise
the local board chair and appropriate members of potential conflicts.
(3) Prior to a discussion, vote, or decision
on any matter before a local board, if a member, or a person in the immediate
family of such member, has a substantial interest in or relationship to a
business entity, organization, or property that would be affected by any
official local board action, the member shall disclose the nature and extent of
the interest or relationship and shall abstain from discussion and voting on or
in any other way participating in the decision on the matter. All abstentions
shall be recorded in the minutes of the local board meeting and be maintained
as part of the official record.
(4)
It is the responsibility of the local board members to monitor potential
conflict of interest and bring it to the local board's attention in the event a
member does not make a self-declaration.
(5) In order to avoid a conflict of interest,
a local board shall ensure that the local board's workforce service providers
shall not employ or otherwise compensate a current or former local board member
or local board employee who was employed or compensated by the local board or
its administrative entity, fiscal agent, or grant recipient anytime during the
previous 12 months.
(6) Local board
members or their organizations may receive services as a customer of a local
workforce service provider or workforce system partner. To avoid conflict of
interest, a local board shall ensure that the local board, its members, or its
administrative staff do not directly control the daily activities of its
workforce service providers, workforce system partners or
contractors.
L.
Compensation and reimbursement of expenses. A description of the policy on
compensating local board members and reimbursing expenses shall be
included.
M. Amendment. Include a
description of the process for amending the bylaws.
N. Compliance with law.
(1) Acknowledgement stating, in execution of
its business, the local board shall comply with all applicable New Mexico
statutes and regulations including, but not limited to, the state Procurement
Code, the state Open Meetings Act, NMSA 1978 Compilation, and the state Mileage
and Per Diem Act.
(2)
Acknowledgement stating, in execution of its business, the local board shall
comply with WIOA and related regulations as well as state policies and
directives.
