TITLE 11 LABOR AND WORKERS’ COMPENSATION
CHAPTER 2 JOB TRAINING
PART 4 WORKFORCE INNOVATION AND OPPORTUNITY ACT
LOCAL GOVERNANCE
11.2.4.1 ISSUING AGENCY: New Mexico Department of Workforce Solutions
(DWS)
[11.2.4.1 NMAC - N,
7/1/2018]
11.2.4.2 SCOPE:
State workforce development board (state board), department of workforce
solutions (DWS), chief elected officials (CEOs), local workforce development
boards (local boards), local workforce system administrative entities (local
administrative entities), workforce system sub-recipients and workforce system
partners.
[11.2.4.2 NMAC - N,
7/1/2018]
11.2.4.3 STATUTORY AUTHORITY: Title I of the Workforce Innovation and
Opportunity Act (WIOA), 29 U.S.C. Chapter 32, Subchapter I, and NMSA 1978,
Section 50-14-1 et seq.
[11.2.4.3 NMAC - N,
7/1/2018]
11.2.4.4 DURATION: Permanent.
[11.2.4.4 NMAC - N,
7/1/2018]
11.2.4.5 EFFECTIVE DATE: July 1, 2018, unless a later date is cited at
the end of a section.
[11.2.4.5 NMAC - N,
7/1/2018]
11.2.4.6 OBJECTIVE: This policy outlines the local guidance
structure in New Mexico as required by WIOA, to administer the implementation
of workforce development activities in the local areas. This policy also provides guidance on the
appointment of local boards and outlines the roles, responsibilities, and
authority of the CEOs and the local boards in regard to the local workforce
system.
[11.2.4.6 NMAC - N,
7/1/2018]
11.2.4.7 DEFINITIONS:
A. “Chief elected official (CEO)” is the chief elected executive
officer of a unit of general local government in a local area. CEOs shall consist of one county
commissioner, or their designee, from each county located in the area. In a case in which a local area includes more
than one unit of general local government, the points of contact shall only be
the recognized CEOs for each county located in that area. This does not prevent participation from
other elected officials in the community, however, the only voting member is
the CEO who may consider the input and contributions from the other elected
officials.
B. “chief lead elected official (CLEO)” is
the individual selected by the participating chief elected officials who may
act on behalf of the other chief elected officials in a given local workforce
development area (local area).
C. “Local administrative entity” means the
entity designated by the local board for the administration of WIOA in the
local area.
D. “Local area” means a workforce
development area designated by the governor for the administration of workforce
development activities; and the area within which local boards oversee
workforce development activities.
E. “Local board grant agreement” means the
grant agreement between the recipient of WIOA funding (DWS), and the
sub-recipient of WIOA funding (local board), to fund and direct the
administration of WIOA in the local area.
F. “Local workforce development board (local
board)” means the local area workforce development board established by the
CEOs under WIOA section 107(b).
G. “One-stop delivery system” means a
one-stop delivery system, as described in WIOA section 121.
H. “One-stop operator” means a public,
private, or nonprofit entity, or a consortium of entities designated or
certified under WIOA section 121.
I. “One-stop partner” means an entity described
in WIOA section 121 that is participating in the operation of a one-stop
delivery system.
J. “State workforce development board (state
board)” means the state workforce development board established by the
governor under WIOA section 101.
K. “Technical assistance guidance” means
technical advisories issued by state or federal government authorities to aid
in the implementation of WIOA.
L. “Unit of general local government” means
any general purpose political subdivision of a state that has the power to levy
taxes and spend funds, as well as general corporate and police powers.
M. “Workforce connection center” means a
physical one-stop center within the one-stop delivery system, as described in WIOA
section 121, and partner of the American job center network.
N. “Workforce solutions department” means
the state administrative agency designated by the governor for the
administration of WIOA in New Mexico, commonly referred to as the department of
workforce solutions (DWS). DWS is also
the agency designated by the governor as the pass-through entity for WIOA
funding.
[11.2.4.7 NMAC - N,
7/1/2018; A, 06/22/2021]
11.2.4.8 BACKGROUND: The purpose of WIOA Title I includes:
A. Increasing
access to, and opportunities for, individuals to receive the employment,
education, training, and support services necessary to succeed in the labor
market, with a particular focus on those individuals with disabilities or other
barriers to employment including out of school youth with the goal of improving
their outcomes;
B. Enhancing the
strategic role for states and elected officials, and local boards in the public
workforce system by increasing flexibility to tailor services to meet employer
and worker needs at state, regional and local levels;
C. Streamlining
service delivery across multiple programs by requiring co-location,
coordination, and integration of activities and information to make the system
understandable and accessible for individuals, including individuals with
disabilities and those with other barriers to employment, and businesses;
D. Supporting the
alignment of the workforce investment, education, and economic development
systems in support of a comprehensive, accessible, and high-quality workforce
development system at the federal, state, and local levels;
E. Improving the
quality and labor market relevance of workforce investment, education, and
economic development efforts by promoting the use of industry and sector
partnerships, career pathways, and regional service delivery strategies in
order to both provide America’s workers with the skills and credentials that
will enable them to secure and advance in employment with family-sustaining
wages, and to provide America’s employers with the skilled workers the
employers need to succeed in a global economy;
F. Promoting
accountability using core indicators of performance measured across all WIOA
authorized programs, sanctions, and high quality evaluations to improve the
structure and delivery of services through the workforce development system to
address and improve the employment and skill needs or workers, job seekers, and
employers;
G. Increasing the
prosperity and economic growth of workers, employers, communities, regions, and
states; and
H. Providing
workforce development activities through statewide and local workforce
development systems to increase employment, retention, and earnings of
participants and to increase industry-recognized postsecondary credential
attainment to improve the quality of the workforce, reduce welfare dependency,
increase economic self-sufficiency, meet skill requirements of employers, and
enhance productivity and competitiveness of the nation.
[11.2.4.8 NMAC - N,
7/1/2018]
11.2.4.9 SHARED
LIABILITY AGREEMENT: 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 that is signed by the CLEO and the local board chair.
(5) Participating
CEOs. The agreement must contain the
name, representation, contact information, and signature of each participating
CEO in the local area, which at a minimum includes at least one county
commissioner, or their designee, for each county.
(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, DWS or the local board must ensure
the individual submits to DWS and 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.
(7) 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 DWS and the local administrative entity
and kept on file:
(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.
[11.2.4.9 NMAC - N,
7/1/2018; A, 06/22/2021]
11.2.4.10 CEO AND LOCAL BOARD PARTNERSHIP AGREEMENT:
A. To ensure the
criteria established by the state are acknowledged by both the CEOs and the
members of the local board, a partnership agreement is required. The partnership agreement must establish
roles and responsibilities of the CEOs and the local board along with a
description of the partnership and specific responsibilities. The local board and CEOs must enter into a
partnership agreement that at a minimum, addresses the following sections:
(1) describes
the respective roles and responsibilities of the respective parties;
(2) acknowledged
the authority of the CEOs to appoint the members of the local board in
accordance with the criteria established under WIOA section 107, and in
accordance with the required criteria in state technical assistance guidance;
(3) describes
how the local plan will be developed in partnership between the CEOs and the
local board;
(4) describes
how the local board will develop the local area budget and the process for
obtaining the CEO’s approval, per WIOA section 107;
(5) establishes
the guidelines that will be followed by the local board for selection of a
one-stop operator, including the process for getting CEO agreement on the
selection;
(6) describes
the process for approving local workforce policy;
(7) describes
the process for demonstrating the CEO agreement on the memoranda of
understanding between workforce system partners and the board;
(8) describes
the process for demonstrating agreement between the CEOs and the local board on
the methods for funding the infrastructure costs of workforce connection
centers in the local area;
(9) describes
the process for demonstrating agreement between the CEOs and the local board on
local performance indicators; and
(10) describes
the process for demonstrating CEO agreement on the appropriate use of funds and
oversight of adult, dislocated worker, and youth workforce development
activities, and the entire one-stop delivery system in the local area; and the
appropriate use, management, and investment of funds to maximize performance
outcomes under WIOA section 116.
B. The partnership
agreement must be signed by the current CEOs that have been identified as
participating in the CEO agreement and by the local board chair at the time of
signing.
C. Any amendment or
change to the partnership agreement, notice of an election of a new CEO, or
notice of an election of a new local board chair must be maintained at the local
administrative entity office and available for monitoring by DWS. If a new CEO or local board chair is elected
within the local area, the newly elected individual must submit to the local
board a written statement acknowledging the following:
(1) the
individual has read, understands, and will comply with the current partnership
agreement; and
(2) the
individual reserves the option to request negotiations to amend the partnership
agreement at any time during the individual’s tenure.
D. The partnership
agreement should establish requirements for informing the CEOs on a regular
basis regarding activities, performance outcomes, and budgets with at least one
joint meeting held annually between the CEOs and the local board.
[11.2.4.10 NMAC - N,
7/1/2018]
11.2.4.11 LOCAL BOARD MEMBERSHIP: The local board is appointed by the CEOs in
each local area every two years. All
members must be individuals with optimum policy-making authority within the
entities they represent. An individual
may be appointed as a representative of more than one entity if the individual
meets all the criteria for representation; however, individuals representing
more than one category must have the optimum policy-making authority within
each of the entities they are representing.
All required local board members must have voting privileges. The CEO may convey voting privileges to
non-required members. The local board
must elect a chairperson from among the business representatives on the local
board.
A. Representatives
of business. The majority (fifty-one
percent) of the members of the local board must be representatives of business
in the local area. At a minimum, two
members must represent small business as defined by the US small business
administration. Business representatives
serving on local boards may also serve on the state board. Each business representative must meet the
following criteria:
(1) be
an owner, chief executive officer, chief operating officer, or other individual
with optimum policymaking or hiring authority;
(2) provide
employment opportunities in in-demand industry sectors or occupations, as those
terms are defined in WIOA section 3, and provide high-quality, work-relevant
training and development opportunities to its workforce or to the workforce of
others; and
(3) are
appointed from among individuals nominated by local business organizations and
business trade associations.
B. Representatives
of the workforce. Not less than twenty
percent of the members of the local board must be workforce
representatives. These representatives:
(1) must
include two or more representatives of labor organizations, where such
organizations exist in a local area.
Where labor organizations do not exist, representatives must be selected
from other employee representatives; and
(2) must
include one or more representatives of a joint labor-management or union
affiliated, registered apprenticeship program within the area who must be a
training director or a member of a labor organization. If no union affiliated registered
apprenticeship programs exist in the area, a representative of a registered
apprenticeship program with no union affiliation must be appointed, if one
exists.
(3) In
addition to the above representatives, the board may also include the following
to contribute to the twenty percent requirement:
(a) one
or more representatives of community-based organizations that have demonstrated
experience and expertise in addressing the employment training or education
needs of individuals with barriers to employment including organizations that
serve veterans or provide or support competitive integrated employment for
individuals with disabilities; and
(b) one
or more representatives of organizations with demonstrated experience and
expertise in addressing the employment, training, or education needs of
eligible youth, including representatives of organizations that serve
out-of-school youth.
C. Representatives
of education and training. The balance
of local board membership must include:
(1) at
least one eligible provider administering adult education and literacy
activities under WIOA Title II;
(2) at
least one representative from an institution of higher education providing
workforce investment activities, including community colleges; and
(3) may
include representatives of local educational agencies, and of community-based
organizations with demonstrated experience and expertise in addressing the
education or training needs of individuals with barriers to employment.
D. Representatives
of governmental and economic and community development entities. Each local board must include at least one
appropriate representative from:
(1) economic
and community development entities;
(2) the
state employment service office under the Wagner-Peyser Act (29 USC 49 et seq.)
serving the local area;
(3) the
programs carried out under title I of the Rehabilitation Act of 1973, other
than section 112 or part C of that title, serving the local area; and
(4) may
include representatives from:
(a) agencies
or entities administering programs serving the local area relating to
transportation, housing, and public assistance;
(b) philanthropic
organizations serving the local area; and
(c) other
appropriate individuals deemed appropriate by the CEO.
[11.2.4.11 NMAC - N,
7/1/2018]
11.2.4.12 LOCAL BOARD ROLES AND RESPONSIBILITIES: The local board must perform the following
functions per WIOA section 107 and must describe the implementation of these
functions in the agreement with its CEOs, including:
A. develop and
submit a four-year local plan for the local area, in partnership with the CEO
per WIOA section 108;
B. conduct
workforce research and regional labor market analysis to include:
(1) analyses
and regular updates of economic conditions, needed knowledge and skills,
workforce and workforce development, including:
(a) education
and training activities;
(b) strengths
and weaknesses; and
(c) the
capacity to provide services to address the identified education and skill
needs of the workforce and the employment needs of employers.
(2) assistance
to DWS in developing the statewide workforce and labor market information
system under the Wagner-Peyser Act for the region; and
(3) other
research, data collection, and analysis related to the workforce needs of the
regional economy after receiving input from a wide array of stakeholders, as
necessary.
C. convene local
workforce development system stakeholders to assist in the development of the local
plan and in identifying non-federal expertise and resources to leverage support
for workforce development activities.
Such stakeholders may assist the local board and standing committees in
carrying out the convening, brokering, and leveraging functions at the
direction of the local board;
D. lead efforts to
engage with a diverse range of employers and other entities in the region to:
(1) promote
business representation on the local board;
(2) develop
effective linkages, including the use of intermediaries, with employers in the
region to support employer utilization of the local workforce development
system and to support local workforce activities;
(3) ensure
workforce investment activities meet the needs of employers and support
economic growth in the region by enhancing communication, coordination, and
collaboration among employers, economic development entities and service
providers; and
(4) develop
and implement proven or promising strategies for meeting the employment and
skill needs of workers and employers, such as the establishment of industry and
sector partnerships, that provide the skilled workforce needed by employers in
the region and that expand employment and career advancement opportunities for
workforce development system participants in in-demand industry sectors or
occupations.
E. with
representatives of secondary and postsecondary education programs, lead efforts
to develop and implement career pathways within the local area by aligning the
employment, training, education, and supportive services that are needed by
adults and youth, particularly individuals with barriers to employment;
F. lead efforts in
the local area to identify and promote proven and promising strategies and
initiatives for meeting the needs of employers, workers and job seekers, and
identify and disseminate information on proven and promising practices carried
out in other local areas for meeting such needs;
G. develop
strategies for using technology to maximize the accessibility and effectiveness
of the local workforce development system for employers, workers, and job
seekers by:
(1) facilitating
connections among the intake and case management information systems of the
one-stop partner programs to support a comprehensive workforce development system
in the local area;
(2) facilitating
access to services provided through the one-stop delivery system involved,
including access in remote areas;
(3) identifying
strategies for better meeting the needs of individuals with barriers to
employment, including strategies that augment traditional service delivery, and
increase access to services and programs of the one-stop delivery system, such
as improving access in remote areas;
(4) leveraging
resources and capacity within the local workforce development system, including
resources and capacity for services for individuals with barriers to
employment.
H. in partnership
with the CEOs for the local area:
(1) conduct
oversight of youth workforce investment activities authorized under WIOA section
129, adult and dislocated worker employment and training activities under WIOA
section 134, and the entire one-stop delivery system in the local area;
(2) ensure
the appropriate use and management of the funds provided under WIOA Title I for
the youth, adult, and dislocated worker activities and one-stop delivery system
in the local area; and
(3) ensure
the appropriate use, management, and investment of funds to maximize
performance outcomes under WIOA section 116.
I. negotiate and
reach agreement on local performance indicators with the CEO and DWS;
J. negotiate with
CEOs and required partners on the methods for funding the infrastructure costs
of one-stop centers in the local area or must notify DWS if they fail to reach
agreement at the local level and will use a state infrastructure funding
mechanism;
K. select the
following providers in the local area, and where appropriate terminate such
providers:
(1) providers
of youth workforce investment activities through competitive grants or contracts
based on the recommendations of the youth standing committee (if such a
committee is established); however, if the local board determined there is an
insufficient number of eligible training providers in the local area, the local
board may award contracts on a sole-source basis as per WIOA section 123;
(2) providers
of training services consistent with the criteria and information requirements
established per WIOA section 122;
(3) providers
of career services through the award of contracts, if the one-stop operator
does not provide such services; and
(4) one-stop
operators.
L. work with the
state to ensure there are sufficient numbers and types of providers of career
services and training services serving the local area and providing the
services in a manner that maximizes consumer choice, as well as providing
opportunities that lead to competitive integrated employment for individuals
with disabilities per WIOA section 107;
M. coordinate activities
with education and training providers in the local area, including:
(1) reviewing
applications to provide adult education and literacy activities under WIOA
Title II, for the local area to determine whether such applications are
consistent with the local plan;
(2) making
recommendations to the eligible agency to promote alignment with such plan; and
(3) replicating
and implementing cooperative agreements to enhance the provision of services to
individuals with disabilities and other individuals, such as cross training of
staff, technical assistance, use and sharing of information, cooperative
efforts with employers, and other efforts at cooperation, collaboration, and
coordination;
N. develop a budget
for the activities of the local board, with the approval of CEOs and consistent
with the local plan and the duties of the local board;
O. assess on an
annual basis, the physical and programmatic accessibility of all one-stop
centers in the local area per WIOA section 188, if applicable, and applicable
provisions of the Americans with Disabilities Act of 1990 (42 USC 12101 et
seq.);
P. certify one-stop
centers;
Q. produce an
annual report that must be submitted to the state administrative entity, per
guidelines established by the state administrative entity;
R. promote
workforce connection center programs and activities; and
S. conduct
business in an open manner by making available to the public information about
the activities of the local board.
[11.2.4.12 NMAC - N,
7/1/2018]
11.2.4.13 BYLAWS:
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.
[11.2.4.13 NMAC - N,
7/1/2018]
11.2.4.14 LOCAL BOARD CERTIFICATION:
A. Initial
certification. DWS must certify the
composition of each local board in the state.
B. Subsequent
certification. Upon completion of
initial certification, DWS must recertify local boards every two years.
C. Certification
criteria.
(1) Initial
certification criteria. Initial
certification shall be based on criteria established under WIOA section 107,
including compliance with membership, appointment process, chairmanship, and
standing committee requirements.
(2) Subsequent
certification criteria. Subsequent
certification shall be based on the initial certification criteria, as well as
the extent to which the local board has ensured that workforce investment
activities carried out in the local area have enabled the local area to meet
the corresponding performance accountability measures and achieved sustained
fiscal integrity, as defined in WIOA section 106, and as outlined in the local
board grant agreement.
(a) If
a local board meets all membership requirements, but fails to meet performance
measures and outcomes, certification will be granted for only a one-year review
period, instead of a two-year period.
(b) At
the end of the one-year review period, the recertification process will be
repeated with an updated review of performance and membership composition. If this review shows the local board is
meeting all performance measures and outcomes, a two-year certification will be
granted.
(c) During
the two-year certification period, if more than ten percent of the local board
membership is removed for cause, a recertification shall occur to ensure
membership compliance and board stability.
D. Decertification.
(1) Conditions
for decertification. A local board is
subject to decertification under the following conditions:
(a) failure
to meet all local board certification requirements;
(b) failure
to carry out required functions of the local board;
(c) fraud;
or
(d) abuse.
(2) Performance
and decertification. If a local board
has already been placed on a one-year review period due to lack of meeting
performance measures and outcomes, and fails to meet performance measures and
outcomes for a second year, the local board may be decertified.
(3) Notice
and comment. A written notice and
opportunity for comment will be provided prior to decertification.
(4) Reorganization
plan. Per WIOA section 107, if a local
board is decertified, DWS, acting on behalf of the governor, may require a new
local board be appointed and certified for the local area pursuant to a
reorganization plan developed by DWS, in consultation with the CEOs in the
local area and in accordance with the certification criteria referred to in
this policy.
[11.2.4.14 NMAC - N,
7/1/2018]
11.2.4.15 PLANNING REGIONS:
A. Background:
(1) WIOA
envisions a workforce development system that is customer-focused on both the
job seeker and businesses, and is able to anticipate and respond to the needs
of regional economies. Strong
collaboration among government, local employers and industry, training
providers and educational institutions, service and advocacy organizations,
philanthropy and other local organizations is often needed to support and
deliver effective workforce services. It
requires chief elected officials (CEOs) and local workforce development boards
(LWDB) to design and govern the system regionally, to align workforce policies
and services with regional economies, and to support service delivery
strategies tailored to these needs. To
support this regional approach, WIOA requires states to identify planning
regions. Per section 106 (a)(2) of WIOA,
the state shall identify:
(a) which
regions are comprised of one local workforce development area (local area) that
is aligned with the region;
(b) which
regions are comprised of two or more local areas that are collectively aligned
with the planning region; and
(c) which,
of the planning regions, are interstate areas contained within two or more
states, and consist of labor market areas, economic development areas, or other
appropriate contiguous sub-areas of those states.
(2) As
part of the identification of planning regions, New Mexico also uses the
following criteria:
(a) a
single labor market;
(b) a
common economic development area;
(c) possession
of federal and non-federal resources to administer workforce development
activities;
(d) commuting
patterns, which shows movement of workers from their residence to their
workplace;
(e) population
centers;
(f) similar
economic bases, including percentage of employment in a particular industry;
(g) labor
force conditions, including labor force data and unemployment data; and
(h) industrial
composition, including industry employment patterns (jobs by industry and share
of total employment by industry).
(3) Planning
regions are areas identified by the state.
The purpose of planning regions is to promote alignment of workforce
development activities and resources with larger regional economic development
areas and available resources to provide coordinated and efficient services to
both individuals and employers. The
development of comprehensive regional partnerships facilitates this alignment
and provides support for the execution and implementation of sector strategies
and career pathways. Identification of
planning regions is important, because regional economic development areas are
established in order to ensure that training and employment services:
(a) support
economic growth and related employment opportunities;
(b) meet
the needs of individuals, including those with barriers to employment;
(c) meet
the skill competencies and unique cultural requirements of the region; and
(d) meet
the specific needs of regional employers the skills they require.
B. State
requirements:
(1) The
state is required to identify regions in consultation with local CEOs and
LWDBs. In New Mexico, consultation will
entail one or more of the following activities:
(a) collaboration
with the state workforce development board;
(b) collaboration
with the New Mexico department of economic development;
(c) e-mail
notification of proposed planning regions to the CEOs and LWDB directors with
the opportunity to provide comment at least 30 days prior to any final action;
(d) public
notice of proposed planning regions to allow affected businesses, institutions of
higher education, labor organizations, other primary stakeholders and the
general public the opportunity to provide public comment at least 30 days prior
to any final action;
(e) dialogue
with one or more of the following associations which provide support and
guidance to the CEOs and LWDBs:
(i) New
Mexico Municipal League; and
(ii) New
Mexico Association of Counties;
(f) in-person
meetings or teleconferences with individual CEOs and LWDBs;
(g) presentations
at training events or at CEO or LWDB meetings; and
(h) through
legal public comment processes for workforce policies.
(2) CEOs
and affected LWDBs shall be provided opportunity for consultation throughout
the designation process. Consultation
shall include
(a) collaboration
with the State;
(b) notice
of proposed planning regions and opportunity to provide comment at least 30
days prior to final action;
(c) dialogue
with one or more of the following associations which provide support and
guidance to the CEOs and LWDBs;
(i) New
Mexico municipal league; and
(ii) New
Mexico association of counties;
(d) in-person
meetings or teleconferences with the state; and
(e) through
legal public comment processes for workforce policies.
(3) In
addition to WIOA law and the state’s criteria for identification of planning
regions, the following guidelines have been used to identify and designate
planning regions for New Mexico:
(a) a
single local area may be split across two planning regions;
(b) local
areas must be contiguous in order to be a planning region;
(c) a
local area may share part of one planning region (interstate planning); and
(d) alignment
with statewide economic development regions.
(4) Planning
regions shall be identified using the state criteria and the associated WIOA
guidelines. Announcements of planning
regions shall be included in correspondence and guidance documents issued by
DWS and communicated to the local areas when regional and local planning is
conducted.
(5) DWS
may identify interstate planning regions if necessary. Announcements regarding interstate planning
regions shall be communicated to the local areas when regional and local
planning is conducted. If interstate
planning regions have not been identified by DWS, New Mexico may still plan
with other states for the purposes of that state’s regional or local planning
requirements.
(6) The
identified regions are required to be included in local area planning. Local workforce development boards are
required to coordinate and include regional plans into their local plan every
four years; additionally, LWDBs will be required to address and include
activities with planning regions who share common labor markets. Regional and local planning activities will
include but are not limited to the following:
(a) the
preparation of a regional plan;
(b) the
establishment of regional service strategies, including use of cooperative
service agreements;
(c) the
development and implementation of sector strategies for in-demand industry
sectors or occupations for the planning region;
(d) the
collection and analysis of regional labor market data;
(e) the
coordination of administrative cost arrangements, including the pooling of
funds for administrative costs, as appropriate;
(f) the
coordination of transportation and other supportive services as appropriate;
(g) the
coordination of services with regional economic development service, partners
and providers;
(h) development
of strategies to serve common employers;
(i) coordination
of rapid response and layoff aversion activities; and
(j) identification,
development and coordination of training programs and providers to support job
seekers and employers.
(7) The
state workforce development board will review or modify the identification of
single local areas and planning regions when local area designation is reviewed
or modified, including local area subsequent designation, ongoing review of
local area subsequent designation, and local area re-designation.
(8) DWS
will assist the planning regions and local areas in obtaining the necessary
labor market data, operational data elements, and any other data that will
support the process of regional and local planning. DWS will also provide ongoing support to meet
the purpose of the regional and local planning.
(9) Each
planning region, including the individual local workforce development board, in
partnership with CEO’s, shall prepare, submit and obtain approval of a local
plan that includes a description of the policies, procedures, and local
activities that are carried out in the regional area that contains all the
requirements outlined in 679.560 of Title 20 of the Federal Regulations.
C. Public comment:
(1) Public
notice shall be issued for any contemplated actions concerning changes to
proposed planning regions or workforce policies;
(2) notice
shall be provided by email notification to the CEOs and LWDB directors and
published in a newspaper of general circulation in the local affected area at
least 30 days prior to any final action
(3) notice
to interested parties shall include the method by which comments will be
accepted and any applicable deadlines.
D. Technical Assistance:
(1) Ongoing
support, guidance, training and technical assistance on development of local
and regional planning is available to all local areas.
(2) Requests
for technical assistance may be sent to DWS to the attention of the WIOA
Department at PO Box 1928, Albuquerque, NM 87103.
[11.2.4.15 NMAC - N,
7/28/2020; A, 06/22/2021]
HISTORY OF 11.2.4 NMAC:
History of Repealed Material:
11.2.4 NMAC,
Workforce Investment Act (WIA) Policy/Program Issuance and State Information
Notice (SIN) System, filed 6/16/2000 - Repealed effective 7/1/2003.
11.2.4 NMAC,
Workforce Investment Act (WIA) Program Policies and State Technical Assistance
Guide (STAG) System, filed 6/13/2003 - Repealed effective 12/31/2005.
11.2.4 NMAC,
Workforce Investment Act (WIA) Rulemaking Procedures, filed 12/15/2005 -
Repealed effective 8/15/2012.
11.2.4 NMAC,
Workforce Investment (WIA) Act Local Boards, filed 6/16/2000 - Repealed
effective 8/15/2012.
11.2.4 NMAC,
Workforce Investment Act Local Governance, filed 8/15/2012 - Repealed effective
7/1/2018.