Local Workforce Development Board Membership FAQ

Local Workforce Development Board Membership

• Can local elected officials be included on the board?

  There is no required representation for local elected officials. While both federal and state law allow the appointment of individuals beyond the mandated minimum, State law requires that approval from the Governor must be obtained before additional members are appointed.

• If the minimum private representation is “other members + 1” if one private sector member resigns, the LWDB would no longer be in compliance. Could a region include more than “+1” to allow for such situations?

  The only way a region could increase the private sector membership beyond the minimum requirement is to obtain the Governor’s approval.

• If the Region has no private education providers within the Region are we still required to have a representative of this group on our local Board?

  If there is no private education provider in the region, the region is not required to have representation from that category of membership.

• Why are there no representatives on the board for such programs as WIA, Wagner-Peyser, etc. which are mandatory One-Stop partners?

  Florida is unique in that many of the required partners programs (including WIA, Wagner-Peyser, TAA, and UC) are administratively operated by LWDBs so separate membership on the board that oversees the entity operating these programs is not needed. Indeed, the entire board functions as that representative.

• Are there procedures in place to seek the Governor’s approval for the appointment of additional board members?

  Not yet.  Workforce Florida is working with the Governor’s office to develop guidelines.

• Can Chambers of Commerce or Economic Development Agencies count as Private Sector Business?

  No, neither the chamber nor an economic development agency is a business as defined by the WIA for membership on the regional workforce board.  The Chamber is a business organization that should nominate eligible business representatives although a business member of the Chamber could be nominated as a private sector business representative. An economic development organization could only be eligible to represent that category of membership on the board.  An officer of an Economic Development Agency (ED) who is also a business owner or representative, may be allowed to serve as a business representative (if so nominated by a business organization) as serving as an ED representative (dual hats).  Note, however, that the executive director or another employee of an ED, would not be qualified to represent business.

• Can the Director of Career and Technical Education for a local school board represent that school board or does it need to be one of the school board members?

  The law provide that there must be representatives selected among individuals nominated by local education entities. The regulations further specify that the members who represent organizations must be individuals with optimum policy making authority within the entities they represent. It does not specify that it needs to be a board member or even the chief executive. It seems, therefore, that the Director of Career and Technical Education for a local school board could represent local education entities.

• Can a Port Authority be considered a business entity?

  No. A Port Authority is a special district which would not qualify as a business entity. However, if properly nominated and appointed, a member of the oversight board who represents business could be appointed to the local board. Otherwise, the Governor’s approval would have to be obtained.

• Can a County Commissioner represent an organization offering employment and training activities operated under a Community Service Block Grant if the grant is managed by the County?

  Yes.

• Are the FL Required Private Education Partners and Additional Non-Voting Members included in the count of Non-Business Members?

  The additional private education representatives would be added to the count of non-business members thereby requiring additional private business representation.  Non-voting members would not add to that count so would not require additional private business representation.

• Does this draft Guidance require the Chief Elected Officials to maintain records of the nomination and selection process?

  Records of the nomination and selection process must be retained although the CEO-LWDB Agreement can assign responsibility to the LWDB for the maintenance of such records.

• We intend to solicit nominations from Economic Development Organizations, existing board members and county commissioners for board membership. Is that OK?

  No.  Nominations for various membership categories must come from designated nominating organizations. Existing board members and county commissioners are not listed as “nominating entities”.

• Is it correct that a region needs one private for profit and one private nonprofit training provider regardless of how many public educational or training providers are on the board?

  That is correct.

• In our region, the agreement among the counties requires equal private sector business membership. How can we respect this agreement if the minimum number of business representatives does not permit this equal distribution?

  The CEOs will have to rework their formula or obtain approval for additional members from the Governor.

• On what basis does the draft Guidance limit educational representatives to one local educational agency and one postsecondary educational institution? The term “representatives” is a plural, why is it limited to two?

  When WIA uses the term representatives, that generally means at least two. Ch. 2012-29, L.O.F. limits local board membership to the required minimum, in this case, two.

• On what basis does draft Guidance require Chief Elected Officials to develop a process for soliciting LWDB nominations and selecting LWDB members?

  Under WIA law, the Chief Elected Officials are responsible for seeking nominations from appropriate nominating organizations and making appointments to the local board from those nominations. It is, therefore, necessary and proper that a process be in place to ensure that such nominations are sought.  These processes could be described in the required agreement between the Chief Elected Official(s) and the Local Workforce Development Board.

• Why do only certain categories require two representatives?

  Federal regulation specifically requires at least two representatives for Labor, Economic Development, Education, and Community Based Organizations (CBO). See 20 CFR 661.315(a).

• Can a private for-profit secondary education institution be considered a “local education entity”?

  Yes, if the institution is properly selected from among individuals nominated by regional or local educational agencies, institutions, or organizations representing such local educational entities.

• Can a region allow an individual to serve under more than one required category (“dual hat”)?

  Yes. An individual may be appointed as a representative of more than one entity if the individual meets all criteria for such representation, including those described in 20 CFR 661.315(c), (d), and (e). [20 CFR 661.315(f)] If an individual represents more than one area, they must be appropriately nominated by each organization or entity they represent, must have optimum policy making authority and be able to speak affirmatively on behalf of each entity represented.