New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 2 - JOB TRAINING
Part 4 - WORKFORCE INNOVATION AND OPPORTUNITY ACT LOCAL GOVERNANCE
Section 11.2.4.9 - SHARED LIABILITY AGREEMENT
Universal Citation: 11 NM Admin Code 11.2.4.9
Current through Register Vol. 35, No. 18, September 24, 2024
Per WIOA section 107, if a local area includes more than one unit of general local government, the CEOs of such units must execute a written agreement that specifies the respective roles and liability of the individual CEOs. If the CEOs are unable to reach agreement after reasonable effort, the governor may appoint the members of the local board from individuals nominated or recommended.
A. Required inclusions. CEOs must enter into an agreement with each other that, at a minimum, includes the following sections:
(1) Liability of
funds. The agreement must acknowledge financial liability per WIOA section 107,
and outline the process for determining each CEO's share of responsibility as
laid out in the CEO agreement. This determination could be based on allocation,
population, expenditures, and other criteria determined by the CEOs.
(2) Grant recipient and signatory. The
agreement must acknowledge the CEOs are the grant recipient for all local WIOA
funds or have designated grant recipient authority to the local board. If the
CEOs will serve as the grant recipient, they must outline the process they will
use to sign contracts and enter into agreements related to WIOA. This may be
accomplished by designating signatory authority to a Chief Lead Elected
Official (CLEO).
(3) Fiscal agent
designation. To assist in the administration of the grant funds, the CEOs may
designate an entity to serve as a local fiscal agent and describe the process
for designating a local fiscal agent within the guidelines required by state
and local procurement laws and policies.
(4) Local board budget approval. The
agreement must describe the process for reviewing and approving the local board
annual budget.
(5) Participating
CEOs. The agreement must contain the name, representation, contact information,
and signature of each participating CEO in the local area.
(6) Election of a new CEO. Within 90 days of
when a new CEO is elected within the local area, either participating as a
signatory on the agreement or as a participating CEO, the local board must
ensure the individual submits to the local board a written statement
acknowledging that he or she:
(a) has read,
understands, and will comply with the current CEO agreement; and
(b) reserves the option to request
negotiations to amend the CEO agreement at any time during the official's
tenure as a CEO.
(c) Amendment or
change to the CEO agreement. The agreement must outline the process that will
be used for amendments or changes to the CEO agreement. All amendments or
changes must be maintained at the local administrative entity office and
available for monitoring by DWS.
B. Recommended inclusions. To improve the coordination and functionality of the local workforce system, CEOs should also address the following items in their agreement:
(1) Designation of a CLEO. CEOs are liable
for all WIOA funds in the local area and are required by WIOA to approve or
provide guidance on a number of local board activities. DWS encourages CEOs to
select a CLEO who will act on behalf of the other CEOs. If a CLEO is appointed,
the following information must be sent to the local administrative entity and
kept on file for review by DWS:
(a)
appointment process and term of CLEO;
(b) designation of the CLEO to serve as the
signatory for the CEOs;
(c) outline
of decisions that may be made by the lead on behalf of the CEOs; and
(d) inclusion of the name, title, and contact
information of the appointed CLEO.
(2) Local board member representation. The
agreement should outline how CEOs will ensure local board representation is
fair and equitable across the local area.
(3) Communication. The agreement should
describe how the CEOs will communicate with each other regarding local board
activities, determining how many times a year the CEOs will meet, and how often
a joint meeting with the local board will be held. CEOs should meet at least
once a year just as CEOs and once a year with the local board.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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