ARTICLE 1.O
NAME AND NATURE OF THE BOARD

Section 1.1

The Delaware Workforce Investment Board (the “Board”) is established pursuant to the authority in Public Law 105-220-Aug. 7, 1998, “The Workforce Investment Act of 1998.” The purpose of the Board is to provide workforce investment activities, through a statewide workforce investment system, that increases the employment, retention, and earnings of participants, and increases occupational skill attainment by participants, and as a result, improves the quality of the workforce, reduces welfare dependency, and enhances the productivity and competitiveness of the State.

The Board shall assist the Governor in-

1. developing the State plan;

2. ensuring the continuous improvement of a statewide system of activities that are funded under Title I, subtitle B, of the Workforce Investment Act, or carried out through a One-Stop delivery system described in section 134(c) that receives funds under this subtitle B (referred to as a “state workforce investment system”), including-

1. developing linkages in order to assure coordination and non-duplication among the programs and activities described in section 121(b) One-Stop Partners;

3. commenting annually on the measures taken pursuant to section 113(b)(14) of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C 2323(b)(14));

4. ensuring continuous improvement of comprehensive State adjusted levels of performance, to assess the effectiveness of the workforce investment activities in the State;

5. preparing the annual report to the U.S. Secretary of Labor;

6. developing a statewide employment statistics system;

7. developing an application for an incentive grant under section 503 of the Act.

 

ARTICLE 2.0
MEMBERS

Section 2.1 Membership

The Governor of Delaware shall appoint the members of the Board according to the Workforce Investment Act, Public Law 105-220. Members of the Board shall be “Board members.” 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 the Workforce Investment Act. Any Board member who no longer represents the organization that served as the basis for his or her initial appointment to the Board shall be succeeded by another representative of that organization or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 Compensation

The members of the Board shall be entitled to reasonable travel expenses when designated by the Chair to attend out-of-state meetings relating to the business of the Board.

Section 2.4 Removal

A member may be recommended to the Governor for removal from the Board by the vote of three-fourths (3/4) of the members presently serving. Lack of attendance at meetings may be considered a reason for such action.

ARTICLE 3.0
GENERAL POWERS

General Powers

The business and affairs of the Board shall be managed by the Board and/or its 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 mailed by the Executive Director of the Board to each Board member at least fourteen (14) days prior to the meeting. Such notice shall state a reasonable time, date and place of meeting, and shall also state the purpose thereof. In addition, meetings will be held in compliance with 29 DE C § 10004.

Section 4.2 Quorum

Forty Percent (40%) of the serving members shall constitute a quorum for the transaction of business at a meeting, notwithstanding the existence of one or more vacancies. Decisions of the Board must be approved by a majority of those members constituting a quorum at a meeting of the Board. No proxy voting will be allowed.

ARTICLE 5.0
OFFICERS

The Board officers shall consist of the Chair and Vice-Chair and such other officers as may be required and whose duties may be fixed by the Board. The Chair and Vice-Chair are appointed by the Governor. The Chair shall be a representative of private industry. Should there be a vacancy of an officer other than the Chair or Vice-Chair, the Chair will appoint a member to serve in that capacity until the next annual 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 all standing committees, the Secretary of Labor, the Director of the Delaware Economic Development Office, 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. The Chair shall appoint the undesignated members. Membership shall not exceed 15. The Board Chair will serve as Chair of the Executive Committee.

The Executive Committee, so far as may be permitted by law and these by-laws, shall exercise all the authority of the Board during the intervals between the meetings.

The Executive Committee will meet as requested by the Chair.

Section 6.2 Standing Committees

Standing Committees shall be appointed by the Chair following the annual meeting. The Chair shall be an ex-officio member of all committees.

The Committees are:

Policy & Planning;

Performance Measures and Customer Satisfaction;

The Proposal Review and Service Provider Certification;

Public Relations and Outreach; and,

The Youth Council.

Section 6.3 Other Committees

Other committees, standing or special, shall be appointed by the Chair as the Board or the Executive Committee deems necessary to carry out the work of the Board. Except as otherwise prohibited by law and these bylaws, the Chair may invest any such committee 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 employment must be by action of the Chair, with the concurrence of the Board or the Executive Committee.

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.

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 at a meeting as provided in 29 DE C. § 10004.