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Delaware Department of Labor



Workforce Development Board Bylaws




ARTICLE 1.0
NAME AND NATURE OF THE BOARD

Section 1.1

The Delaware Workforce Development Board (the “Board” or the “DWDB”) was established pursuant to the authority in “The Workforce Innovation and Opportunity Act of 2014 (WIOA),” and pursuant to Executive Order 36, dated February 6, 2020 (“Executive Order 36”). The purpose of the Board is to review statewide policies and programs and make recommendations on actions that should be taken by the State to align workforce development programs in a manner that supports a comprehensive and streamlined workforce development system.

The Board shall assist the Governor in executing the duties outlined in Executive Order 36. Those duties shall include:

a. the development, implementation, and modification of the state plan required by applicable federal law;

b. the review of statewide policies, programs, and the activities of one-stop partners, and make recommendations on actions that should be taken to align workforce development programs in the state, consistent with the State Plan, in a manner that supports a comprehensive and streamlined workforce development system in the state, including the review and provision of comments on the combined state plan for programs and activities of one-stop partners that are not core programs;

c. the development and continuous improvement of the workforce development in the state through:

i. the identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among the programs and activities carried out through the system;

ii the development of strategies to support the use of career pathways for the purpose of providing individuals, including low skilled adults, youth, and individuals with barriers to employment (including individuals with disabilities), with workforce investment activities, education, and supportive services to enter or retain employment;

iii. the development of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system;

iv. the development and expansion of strategies for meeting the needs of employers, workers, and jobseekers particularly through industry or sector partnerships related to in-demand sectors and occupations;

v. the development of strategies to support staff training and awareness across programs supported under the workforce development system;

d. the development and updating of comprehensive state performance accountability measures, including state adjusted levels of performance, to assess the effectiveness of the core programs in the state;

e. the identification and dissemination of best practices;

f. the development and review of statewide policies affecting the coordinated provision of services through the state’s one-stop delivery system;

g. the development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system;

h. the development of strategies for aligning technology and data systems across one-stop partner programs to enhance the quality of service delivery and improve efficiencies in reporting on performance accountability measures (including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation to improve coordination of services across one-stop partner programs);

i. the preparation of the Board’s annual reports;

j. the development of the statewide workforce and labor market information system;

k. the development of such other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the state;

l. the development of the Demand Occupation List and Eligible Training Provider List;

m. negotiation of performance measures;

n. conducting oversight of youth activities, career services and training activities, and the one stop system authorized under WIOA;

o. carrying out the responsibilities of Local Boards; and

p. ensuring compliance with WIOA, including any subsequent amendments.

ARTICLE 2.0
MEMBERS

Section 2.1 Membership

The members of the Board shall be appointed in accordance with WIOA and Executive Order 36. The number of Board members shall not exceed 53.

Section 2.2 Qualifications

The composition of the Board will satisfy the criteria for membership as delineated in WIOA. Any Board member who no longer represents the organization that served as the basis for his or her initial appointment to the Board shall be succeeded by another representative of that organization or another organization in the same category.

Section 2.3 Nominations

In accordance with current law and Executive Order 36, DWDB membership originates in the following places:

  1. The Governor of Delaware is on the Board;
  2. The Delaware Speaker of the House appoints two members from that body to the Board;
  3. The Delaware President Pro Tempore of the Senate appoints two members of that body to the Board;
  4. The Governor appoints:
    • representatives of business in the state;
    • representatives of the workforce in the state;
    • individuals the Governor may appoint in order for the membership of the Board to remain in compliance with federal requirements and
  5. Other appointed members, which shall include the following:
    • one county elected official;
    • Mayor of the City of Wilmington, or his/her designee;
    • a representative of the Delaware Prosperity Partnership.
  6. The remainder of the Board consists of;
    • The Secretary of the Department of Labor or his or her designee;
    • The Secretary of the Department of Education or his or her designee;
    • The Secretary of The Department of Health and Social Services or his or her designee;
    • The Director of the Division of Small Business or his or her designee;
    • The Director of the Delaware State Housing Authority or his or her designee;
    • The Commissioner of the Department of Correction or his or her designee;
    • The Department of Labor Director of Vocation Rehabilitation or his or her designee; and
    • The Delaware Equal Opportunity Officer or his or her designee.

Private Business Appointments. The Governor will appoint members from a standing list of potential members nominated by the state business organizations, or trade associations as outlined in Federal Regulation 679 § 679.110. The DWDB Executive Director will notify the Governor’s Office of Boards and Commissions when a vacancy occurs. In the event the standing list has been exhausted, the Executive Director will ask the Delaware State Chamber of Commerce for nominations and will forward them to the Office of Boards and Commissions for consideration.

House and Senate Appointments. The Executive Director of the DWDB will contact after each statewide election the Speaker of the House and the President Pro Tempore to determine if there are any changes to the House and Senate appointments. These appointed members are subject to the DWDB bylaw term limits. The Speaker and President Pro Tempore will send an appointment letter to the DWDB and the member when there are new appointments.

Cabinet Secretaries and State Agency leaders. Board members on the DWDB whose board appointment is due to holding a governmental position (e.g., those listed in paragraph 4(d) of Executive Order 36) will end their terms when they leave said positions. When this occurs, the Executive Director of the DWDB will coordinate with the Governor’s office for a smooth transition.

Section 2.4 Term Limits

The terms for Board members of the DWDB are three years.  Board Members may serve no more than two consecutive three-year terms, except for members appointed under Section 2.3 (5) & (6). Term limits begin on the date of the gubernatorial appointment letter. Notwithstanding the provisions of this Section 2.4, Board members on the DWDB whose board appointment is due to holding a governmental position (e.g. those listed in paragraph 4(d) of Executive Order 36) will end their terms when they leave the said positions. When a board member reaches the end of their term, they shall remain a board member until their successor is appointed by the relevant appointing authority. The Executive Director and Chair of the Board will manage the appointments process to ensure that term appointments are staggered to ensure only a portion of the membership will expire in a given year.

Section 2.5 Proxy Voting

The DWDB allows proxy voting when a regular member cannot attend a meeting. The appointed Board member will notify the DWDB Executive Director in writing of the proxies’ name and confirm the proxy may or may not vote in lieu of the member.

Section 2.6 Virtual Meetings

The DWDB may hold virtual meetings when permitted to under 29 Del. C. § 10006.

Section 2.7 Travel Expense Reimbursement

Members of the Board may receive reimbursement for reasonable and necessary travel expenses incident to their duties as members of the Board to the extent funds are available and in accordance with State law.

Section 2.8 Removal

A Board member may be recommended to the Governor for removal from the Board for cause by a majority of the Board members present at the meeting. The Governor may consider the member to have resigned if the member is absent for three consecutive regular Board meetings.

ARTICLE 3.0
GENERAL POWERS

General Powers

The business and affairs of the Board shall be managed by the Board and in between full Board meetings the Executive Committee.

ARTICLE 4.0
MEETINGS

Section 4.1 Meetings

The Board shall meet annually and additionally as needed, on dates determined by the Chair. Notice of all such meetings shall be noticed publicly in accordance with 29 Del. C. § 10004 and shall also be sent by the Executive Director of the Board to each Board member at least seven (7) days prior to the meeting. Such notice shall state the time, date, and place of meeting, and shall also state the purpose thereof. In addition, meetings will be held in compliance with 29 Del. C. § 10004.

Section 4.2 Quorum

A majority of the members of the Board shall constitute a quorum for the transaction of business at a meeting. A vacant position is not counted for quorum purposes. Decisions of the Board must be approved by a majority of those members constituting a quorum at a meeting of the Board.

ARTICLE 5.0
OFFICERS

The Board officers shall consist of the Chair and such other officers as may be required and whose duties may be fixed by the Board. The Chair is appointed by the Governor. The Chair shall be a representative of business in the state. Should there be a vacancy of an officer other than the Chair, the Chair will appoint a member to serve in that capacity until the next scheduled meeting.

ARTICLE 6.0
COMMITTEES

Section 6.1 Executive Committee

The Executive Committee will be composed of Board members who are officers of the Board, the chairpersons of committees, the Secretary of Labor, the Director of the Division of Small Business, the Secretary of the Department of Education, and the Secretary of the Department of Health and Social Services. The majority of the members shall be from the private sector.

Membership shall not exceed 15. The Board Chair will serve as Chair of the Executive Committee. The Executive Committee shall exercise all the authority of the Board during the intervals between full Board meetings. The Executive Committee will meet as requested by the Chair. The quorum and voting requirements in Section 4.2 of these bylaws apply to the Executive Committee.

Section 6.2 Other Committees

Other committees, standing or special, shall be appointed by the Chair as the Board or the Executive Committee deemed necessary to carry out the work of the Board. Except as otherwise prohibited by law and these bylaws, the Chair may invest any such committees with such powers and authority, subject to such conditions, as may be fitting.

ARTICLE 7.0
EXECUTIVE DIRECTOR

The Board shall employ an Executive Director to be responsible for day-to-day operations. Other persons or firms may also be engaged or employed to assist the Board in carrying out its programs and responsibilities. All such engagement or employment must be by action of the Chair, with the approval of the Board or the Executive Committee in between full board meetings.

ARTICLE 8.0
CONFLICT OF INTEREST

Any member of the Board who is an employee or a board member of an organization applying for funds, or deemed eligible to receive Individual Training Accounts, shall disclose this fact at Board meetings and/or Committee meetings. In all such cases, these individuals shall refrain from voting upon any matter related to such contracts, or upon any matter in which he or she, or his or her, immediate family may have a financial interest.  All Board members will comply with the conflict of interest provision of Section 101(f) of WIOA and the State’s Code of Conduct.

ARTICLE 9.0
AMENDMENTS TO BYLAWS

Amendments to these bylaws shall be adopted by the affirmative vote of a majority of the members of the Board present at a meeting held pursuant to 29 Del. C. § 10004.



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