Purpose

The Workforce Innovation and Opportunity Act (WIOA) requires Iowa Workforce Development (IWD), in partnership with the State Workforce Development Board (SWDB), to establish criteria for appointment of local board members to be used by the Chief Lead Elected Official (CLEO).  This policy outlines the process for establishing and maintaining a Local Workforce Development Board (LWDB).   

Content

The CLEO must appoint members to the LWDB in accordance with policy 1.4.2 Local Board Membership. Any changes to LWDB membership must be reported to IWD at WIOAgovernance@iwd.iowa.gov within 10 business days.

Submission of Nominations

The CLEO must contact appropriate businesses, workforce, or educational entities, including chambers of commerce, labor representatives, and local educational entities serving the Local Workforce Development Area (LWDA), to request nominations for LWDB membership.

• Business representatives must be nominated by local business organizations and business trade associations. Such organizations may consist of local chambers of commerce or business councils.
• Labor representatives must be nominated by local labor organizations.
  • For an LWDA in which no employees are represented by labor organizations, other representatives of employees may be utilized. 
• Nominations must be sought from all providers of adult education and literacy or institutions of higher education operating within the LWDA.
  • Adult education and literacy representative must be nominated by the State Director of Adult Education. 
  • Representatives must be appointed from among the individuals nominated and preference given to providers not serving another function within the LWDA.
  • There is no requirement to appoint a representative from each provider.
• Wagner-Peyser state employment service representative must be nominated by the director of IWD.
• Title I of the Rehabilitation Act of 1973 (also referred to as Title IV of WIOA) representative must be nominated by the division administrator of vocational rehabilitation services or director of the department of the blind, as appropriate. 

LWDB member nominations submitted to the CLEO must include signed Member Conflict of Interest Attestation and Member Nomination forms. The Member Nomination form must:

• Identify the individual being nominated.
• Come from the head of the appropriate nominating organization.
• Confirm the nominee has optimum policymaking authority within the entity they represent.
  • An individual with optimum policymaking authority can reasonably be expected to speak affirmatively on behalf of the entity they represent and commit that entity to a chosen course of action.

Submission of Appointments

CLEOs may appoint other appropriate individuals or representatives of entities. CLEOs should ensure that LWDB members represent the diversity of job seekers and employers in their LWDA by ensuring adequate representation and appropriate expertise to address the needs of individuals with barriers to employment. CLEOs must establish a process for selecting and rotating membership. 

The CLEO must submit appointment documentation to IWD at WIOAgovernance@iwd.iowa.gov for review. This includes:  

• Member Nomination form signed by the CLEO 
  • The CLEO must indicate the term begin and end dates.  
• LWDB composition summary  

IWD will review and provide a response within 10 business days affirming the appointment or requesting additional information needed. The appointee must not be added to the board until IWD has affirmed the appointment.  

Reappointments

New appointment documentation is required for all reappointments within 60 business days of the term end date. 

Change in Status

LWDB members who no longer hold the position or status listed on their affirmed Member Nomination form must resign or be removed by the CLEO immediately. A resignation is effective once it has been accepted by the CLEO.

LWDB members who change entities or positions within the entity they represent and wish to continue board membership may be reappointed by the CLEO if their new status meets local board membership requirements. New appointment documentation is required.

Removal

LWDB members must be removed by the CLEO for any of the following:

• Documented violation of conflict of interest
• Failure to meet LWDB member representation requirements, as defined in WIOA and policy 1.4.2 Local Board Membership
• Documented proof of fraud and/or abuse

LWDB members may be removed for other factors outlined in the board by-laws, such as attendance. LWDBs are strongly encouraged to establish and enforce attendance guidelines for members. The by-laws must define the criteria that will be used to establish just cause for removal, what will be required to document proof, and the steps for filing an appeal and arbitration.

Vacancies

LWDB vacancies must be filled within 60 business days of the vacancy.

Mid-Term Appointment

LWDB members replacing outgoing members mid-term will serve the remainder of the outgoing member’s term.

Waiver Request

An LWDB who is unable to fill a required vacancy within 60 business days of the vacancy, may submit a waiver request to IWD at WIOAgovernance@iwd.iowa.gov prior to the end of 60 business days. The request must include what efforts have been made and what additional efforts will be made to fill the vacancy. Approved waivers allow up to 40 additional business days to fill the vacancy. 

Failure to Maintain a Fully Seated Board

During the 60-day period allowed to reappoint an LWDB member or fill a vacancy, the LWDB can legally act as a board and conduct business. If the CLEO fails to reappoint an LWDB member or fill a vacancy for a required member within 60 business days and does not have an approved waiver in place, the LWDB will be out of compliance with membership composition requirements. Any action taken by an LWDB while out of compliance will be void.

Action 

The CLEO and LWDB must establish policies and procedures, as appropriate, to comply with the above requirements.

The content of this policy may be subject to routine monitoring.