BY-LAWS

of the

Eastern Area Workforce Development Board

Article 1

Establishment

A.     Authority.  The Eastern Area Workforce Development Board of the State of New Mexico is established in accordance with 29 U.S.C § 2832 of the federal Workforce Investment Act of 1998 (WIA), 29 U.S.C. § 2801 et seq., and Section 50-14-5, NMSA 1978 Compilation of the New Mexico Workforce Development Act (WDA), Section 50-14-1 et seq., NMSA 1978 Compilation.

B. Creation.  The Eastern Area Workforce Development Board of the State of New Mexico was created on April 5, 2000, by the Chief Elected Officials of the Local Governments of the Eastern Plains Council of Governments and the Southeastern New Mexico Economic Development District/Council of Governments.

Name

The name of this Board shall be the Eastern Area Workforce Development Board (hereinafter referred to as the “Eastern Area Board”).

Article 3

Purpose

It shall be the purpose of the Eastern Area Board to set policy for and provide operational oversight of the local workforce investment system geographically comprised of the counties of Union, Harding, Quay, Guadalupe, Curry, De Baca, Roosevelt, Chaves, Lincoln, Otero, Eddy, and Lea, of the State of New Mexico.

A.      Specific purposes of the Eastern Area Board shall include:

(1)  Providing a forum to facilitate the development of workforce training and development under the WIA and WDA;

(2)            Increasing the capacity of each local government to assist in the development of programs that will provide meaningful job opportunities to all of its citizens;

(3)   Providing and supporting workforce development initiatives to the New Mexico Legislature, the Governor of New Mexico, the New Mexico Department of Labor and other local, state and federal executive and legislative branches of government; and

(4)   Working toward uniformity in policies and procedures to maintain consistency with established statewide plans.

B.   The purposes of the Eastern Area Board shall not in any way preclude direct relationships between any local government and any other regional job development organization, public or private

C. Each of the local governments in the Eastern Area shall remain autonomous and retain all rights and authority provided to them under their charters and ordinances, the laws of the State of New Mexico, or any other procedures and regulations not in conflict with state or federal law. 

Duties and Responsibilities

The objective of the Eastern Area Board is to carry out its duties and responsibilities according to the federal WIA, the New Mexico WDA, and all federal and New Mexico regulations duly promulgated under those acts. 

A.      Specifically, as set forth in the WDA, the Eastern Area Board shall:

1.      Advise the New Mexico State Workforce Development Board (hereinafter referred to as the “State Board”) on issues relating to regional and local workforce development needs;

2.      Develop and submit to the State Board and the Governor an Eastern Area five-year workforce plan that shall be updated and revised annually in accordance with the WIA;

3.      Designate or certify one-stop program operators in accordance with the WIA;

4.      Terminate, for cause, the eligibility of one-stop operators;

5.      Select and award grants to youth activity providers in accordance with the WIA;

6.      Identify eligible training and intensive service providers in accordance with the WIA;

7.      Develop a budget subject to the approval of the chief elected officials of the Eastern Area;

8.      Develop and negotiate local performance measurements as describe in the WIA with the chief elected officials of the Eastern Area and the Governor;

9.      Ensure linkages with economic development activities;

10.     Encourage employer participation and assist employers in meeting hiring needs;

11.   In partnership with the chief elected officials of the Eastern Area, conduct oversight of local programs of youth activities authorized pursuant to the WIA and employment and training activities pursuant to the WIA, and the one-stop delivery system in the Eastern Area;

12.     Establish as a subgroup a youth council, appointed by the Eastern Area Board in cooperation with the chief elected officials of the Eastern Area;

13.     Prior to submission of the Eastern Area plan, provide information regarding the following:

a.   The Eastern Area plan;

b.   Membership;            

      c. Designation and certification of one-stop operators; and the  award of grants or contracts to eligible providers of youth activities. 

B.      The Eastern Area Board shall also:

1.     Review and evaluate the performance of all Eastern Area Workforce Development activities and state agencies involved with workforce development;

2.     Develop coordination with the State Board regarding its linkages with the State Board of Education to ensure coordination and no duplication of vocational education, apprenticeship, adult education and vocational rehabilitation programs with other workforce development and training programs;

3.      In coordination with the State Board, provide policy advice regarding the application of federal or state law that pertains to workforce development; and

4.      Develop an annual report for State Board and the Governor.

C.     The Eastern Area Board shall annually review, for potential inclusion in the Eastern Area five-year plan, any goals, objectives and policies submitted by all state agencies involved in workforce development activities in the Eastern Area.

D.     The Eastern Area Board shall administer WIA Eastern Area activities and those funds allocated to the Eastern Area workforce investment activities pursuant to the WIA and WDA.  The Eastern Area Board may contract with public or private entities as necessary to further the directives of the WIA and WDA.

Article 5

Membership

A.     Membership.  Pursuant to Section 117 of the WIA, the Eastern Area membership shall include those persons appointed by the chief elected officials of the Eastern Area, based on criteria established by the Governor and the State Board.  The composition of the Eastern Area Board shall be in compliance with Section 117(b)(2)(A) and (B) of the WIA.  Pursuant to Section 50-14-5D, NMSA 1978 Compilation, the Eastern Area Board shall contain “a minimum of fifty-one percent of its members coming from the private sector and shall include representatives of education, labor, government, economic development and community-based organizations and others as appropriate.”

B.     Terms of Appointment.  Pursuant to Section 117(c)(2)(A) of the WIA, the Governor shall certify the membership of the Eastern Area Board once every two years.

(5)               Consideration of all appointments shall include gender, ethnicity, categorical representation, and geographic diversity.

(2)   A member who misses three (3) consecutive regular meetings of the Eastern Area Board shall be automatically replaced.

a.    An exception may be made when the absences were for good cause as determined by the Eastern Area Board chairperson and such absence is recorded as “excused” in the meeting attendance record.

b.   A vacancy/replacement on the Eastern Area Board shall be filled in the same manner as regular appointments are made and from the same representational category.

(6)               A majority of members of the Eastern Area Board shall be representatives of business who are owners of businesses, chief executives or operating officers of business and other business executives or employers with optimum policymaking or hiring authority.

(7)               Any Eastern Area Board member who, for any reason, can  no longer serve in her/his capacity shall remain a member of the board until his/her successor is duly nominated and appointed.. Participating CEOs shall appoint duly nominated replacement members from the same category of membership.

(8)               A person selected to fill a vacancy as provided in these by-laws shall hold office for the unexpired term of her/his predecessor or until his/her death, removal or resignation.

C.  Staggered Terms.  At the inception of the Eastern Area Board, all members were appointed at the same time.  However, it is in the best interests of the Board and the Eastern Area, that the terms be staggered in order to maintain some experienced members on the Eastern Area Board at all times.  During the first two years of the first appointed Eastern Area Board, the chairperson shall ask each member if that member would be willing to serve a one year term in order to begin staggering the terms.  If enough members volunteer to so serve, no further action shall be taken.  If such volunteer action is not taken, the Board shall enforce Section 2.3 of the Workforce Investment Act Eastern New Mexico Operating Agreement in order to effect staggered terms.  These provision do not prohibit a member from being reappointed for consecutive terms.

D.  Membership responsibilities.  Members shall have the responsibility to inform the Eastern Area Board of any changes in status, which would affect their categorical representation. 

E.  Committee Service.  Members shall serve on committees, subcommittees and taskforces as appointed by the Eastern Area Board chairperson.

C.        Conflict of Interest.  All members of the Eastern Area Board, including the chairperson, shall have the authority to vote on all matters that come before the Board where there is no conflict or appearance of a conflict of interest.  No member of the Eastern Area Board shall vote on the provision of services by that member (or any organization which that member directly represents) or on any matter which would provide personal or indirect, financial or other benefit to that member.  A member shall abstain from any evaluation of an affiliate organization with which that member is associated. 

D.     Compensation/Reimbursement of Expenses.  Members of the Eastern Area Board shall not receive any salary or wages for their services, but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties.  Every claim for reimbursement for per diem and travel, as allowed the Per Diem and Mileage Act of the State of New Mexico, shall be submitted on a travel voucher and in accord with the appropriate rules, formats and informational requirements of the New Mexico Department of Finance and Administration.

E.         Liability.   Members of the Eastern Area Board shall not be held personally liable for the debts, liabilities or other obligations of the Eastern Area Board.

I. Gifts and Contributions.  Eastern Area Board members may not accept any contribution, gift, bequest or devise of any property whatsoever that would personally or professionally benefit the member.  Contributions, gifts, bequests or other devises or property directly benefiting the WIA mission and participants may be accepted without reimbursement of any kind to the donor. 

J.  Representation of the Eastern Area Board.  Members appointed to the Eastern Area Board are considered representatives of the State in matters of workforce development programs in the Eastern Area and are entitled to any right attendant to membership on the Eastern Area Board.  However, no Eastern Area Board member may take any action or carry out activity on behalf of the Eastern Area Board not permitted to be taken or carried without the approval of the Eastern Area Board. 

F.      Staff.  Staff support for the Eastern Area Board shall be provided as determined by resolution of the membership at a regularly scheduled meeting.

Article 6

Officers

The officers of the Eastern Area Board shall be a chairperson and a vice-chairperson and shall be members from the private sector.

A.     Chairperson.  The Eastern Area Board chairperson shall be elected by a majority of the Eastern Area Board members present at a regularly scheduled meeting.  The term of the chairperson shall be for two (2) years and she/he shall preside at all meetings of the Eastern Area Board, appoint members to Committees, and perform general and active management of the administrative business of the Eastern Area Board.  It shall be the chairperson’s duty to:

(9)            Perform all such duties as are incident to his/her office and such other duties as may be required by the WIA, the WDA and which may be prescribed by the Eastern Area Board;

(10)        Preside at meetings of the Eastern Area Board and of the Executive Committee;

(11)        Execute legal documents when authorized by the Eastern Area Board, the WIA and the WDA; and

(12)        Appoint all committees and committee chairpersons, subject to the approval of the Eastern Area Board, except as otherwise provided by the WIA and WDA.

B    Vice-Chairperson.  The vice-chairperson shall be elected by a majority of the Eastern Area Board members present at a regularly scheduled meeting.  The term of the vice-chairperson shall be for two (2) years and he/she shall perform the duties of the chairperson in his/her absence, inability or refusal to perform duties of the Title.  The vice-chairperson shall perform such additional duties as may from time to time be assigned to him by the chairperson.

(13)        In the absence of the chairperson or in the event of his/her inability or refusal to act, or if the office of chairperson be vacant, the vice chairperson shall perform all the duties of the chairperson and, when so acting, shall have all the powers and be subject to all the restrictions of the chairperson.

(14)        The vice chairperson shall have such other powers and perform such other duties as may be prescribed by the WIA, the WDA, these by-laws, or the Eastern Area Board.

C.  Only members of the private sector shall be qualified to serve as chairperson and vice chairperson of the Eastern Area Board.  Each such officer shall hold office for two(2) years or until he/she resigns, is removed, is otherwise disqualified to serve or until his/her successor shall be elected and qualified, whichever occurs first.

D.  The Eastern Area Board may elect such other officers as it may deem appropriate, and such officers shall serve such terms, have such authority and perform such duties as may be prescribed by the Eastern Area Board.

E.  Any officer may be removed for cause by a majority of the Eastern Area Board at any regular or special meeting.  Any officer may resign at any time by giving written notice to the Eastern Area Board but that officer will continue to serve until their successor is elected.

F.  Any vacancy caused by the death, resignation, removal or otherwise of any officer shall be filled by the Eastern Area Board for the unexpired portion of the term.

Article 7

Meetings

B.        Regular and Other Meetings.  The Eastern Area Board shall meet at least once each quarter at a time and location to be determined at the prior meeting.  Special meetings may be called by the Chairperson, or a majority of Eastern Area Board members at his/her/their discretion.  The time and location shall be determined by the individual(s) calling the meeting.  All meetings shall be held in the Eastern Area of New Mexico.

C.        Open Meeting Requirements.  All meetings shall be in compliance with the New Mexico’s Open Meetings Act, Section 10-15-1, NMSA 1978 Compilation.   An open meeting resolution shall be adopted each year to establish reasonable notice of meetings.

D.        Meeting Announcement.  Once the meeting date, time and location have been established and the agenda developed, a written announcement, together with the agenda shall be sent by mail, e-mail or by fax  to all Eastern Area Board members. 

(15)        All Eastern Area Board members shall receive notice of any regular, special, or emergency  meetings as required by the approved Open Meetings Act resolution. Telephone calls, emails or fax notification may also be made to inform members of meetings

(2)   Notice of all meetings shall specify the nature of the business to be conducted at such meeting.  No action can be taken except on business specified in the notice.  New business not specified in the notice may be raised, but no vote or action may be taken on such business at that time. 

D.  Quorum.  A quorum of the Eastern Area Board shall consist of a simple majority of the currently appointed membership.  When a quorum is present, the affirmative vote of the majority shall be an official act of the Eastern Area Board.  

E.  Minutes.  Minutes of the proceedings for each Eastern Area Board meeting shall be recorded and maintained in the permanent files of the Eastern Area Board.  Minutes shall document attendance and absences of Eastern Area Board members. A draft set of  minutes will be prepared and distributed to each member prior to the next scheduled meeting.  The minutes and agenda, as well as supporting and informational material of any meeting of the Eastern Area Board shall be made available to the public upon written request to the Eastern Area Board.

F.  Voting.  All members of the Eastern Area Board, including the chairperson, shall have the authority to vote on all matters that come before the Board where there is no conflict or appearance of a conflict of interest. 

(16)        A member of the Eastern Area Board may not vote on a matter under consideration by the Eastern Area Board relating to provision of services by the member, or by the entity the member represents, if such provisions of services might provide personal, private or professional benefit to the member or his or her immediate family. 

(17)        A member shall abstain from any evaluation of an affiliate organization with which that member is associated. 

Article 8

Committees

E.      The Eastern Area Board shall establish four standing committees, as set forth below in section F, and an Executive Committee and may establish such other committees or advisory groups as it deems necessary in order to carry out its duties and discharge its responsibilities.  The chairperson shall define the duties and responsibilities of all committees, subject to approval of the Eastern Area Board.  The chairperson shall nominate all committee members and chairpersons of all committees, but all such committee members and chairpersons must be certified by a majority vote of a quorum of Eastern Area Board members.   

F.      Appointments to all Committees shall encompass categorical and geographical representations as broadly as possible to ensure that each Committee reasonably represents the membership of the Eastern Area Board.

G.     When nominating committee members and selecting chairpersons, the Eastern Area Board chairperson shall do so considering the knowledge, experience and preference of the particular members so appointed.

H.     The composition of all committees shall be at least 51% from the private sector.

I.        The Eastern Area Board chairperson shall serve as an ex-officio member on all committees.

J.       The four standing committees shall be as follows:

(1)   Systems Development Committee: The Systems Development Committee shall act in an advisory capacity to the Eastern Area Board in making recommendations relating to attracting more businesses and other employers as regular customers of One-Stop enters, establishing the number and type of One-Stop Centers in the area and such other appropriate matters as the committee may consider.

(2)  Products, Services and Distribution Committee:  The Products, Services and Distribution Committee shall act in an advisory capacity to the Eastern Area Board in making recommendations relating to working customers of the One-Stop Centers, On-the-job training, customized training, community mapping and such other matters as the committee may consider.

(3)  Operations Committee: The Operations Committee shall act in an advisory capacity to the Eastern Area Board in making recommendations related to fiscal, monitoring and budgeting, technology and automation, grants to enhance program capabilities, request for proposals for contractors to the Eastern Area Board, training of One-Stop Center staff, and such other appropriate matters as the committee may consider

(4)   Youth Council: The Youth Council, as prescribed by the WIA, shall act in an advisory capacity to the Eastern Area Board in making recommendations related to: (a) coordinating youth activities in the area; (b) developing portions of the local plan related to eligible youth; (c) recommending eligible youth service providers subject to the approval of the local board; (d) conducting oversight with respect to eligible providers of youth activities in the local area;  and (e) carrying out other duties as authorized by the chairperson of the local board, such as establishing linkages with educational agencies and other youth entities.

G.     Executive Committee.

(1)  Membership of the Executive Committee shall consist of the chairperson and vice chairperson of the Eastern Area Board, and the chairperson and vice chairperson of each standing committees, and two others appointed by the Eastern Area Board chairperson.

 (2)       The Executive Committee shall have the authority of the Eastern Area Board to act during the interim between Board meetings, but shall defer action to the full Eastern Area Board whenever practical on matters of major policy implications.  Such Executive Committee decisions will be implemented immediately, but will be subject to the Eastern Area Board ratification or disapproval at the next Board meeting.

(3) The Eastern Area Board chairperson shall act as the Executive Committee chairperson and shall exercise the power to vote on the Executive Committee only as required to either constitute a quorum or break a tie vote.

(4) The responsibilities of the Executive Committee shall include vision alignment, statues and regulations, relations with state and federal governmental entities, fund-raising, the strategic planning process, chief elected official liaison, and all Eastern Area Board policy matters. 

(5) The Eastern Area Board chairperson shall refer to the Executive Committee such business that in the chairperson’s judgment may require action or approval by the Board.  All action of the Executive Committee shall be reported to the Eastern Area Board at its next meeting following such action, and such reports shall become part of the Eastern Area Board minutes. Any member of the Eastern Area Board may appear before the Executive Committee to discuss any items of business of the Board.  Meetings of the Executive Committee shall be called by the chairperson in such places the chairperson may designate.

Article 9

Annual Report

Eastern Area Board shall submit an annual report to the Governor, the New Mexico Legislature, the State Workforce Development Board, the Chief Executive Officers of the counties and municipalities of the Eastern Area, and to such other federal, state and local governmental units as deemed appropriate.

Article 10

Parliamentary Authority

Where not otherwise provided for in these by-laws, Robert Rules of Order shall be followed in conducting all meetings of the Eastern Area Board and its committees. The Eastern Area Board chairperson shall appoint a parliamentarian for the Eastern Area Board and its committees as appropriate.

Article 12

Amendment of By-Laws

These by-laws may be amended or repealed by a two-thirds (2/3) affirmative vote of the Eastern Area Board after notification of such amendments to the full Eastern Area Board membership, in compliance with Article 7C of these by-laws.  These by-laws shall be reviewed  periodically as necessary by a committee appointed by the Eastern Area Board Chairperson.

Article 13

Dissolution

Upon any dissolution of the Eastern Area Board, the Eastern Area Board shall, after paying or making provision for payment of all its liabilities, dispose of all of the assets of the Eastern Area Board in accordance with the WIA and the WDA and any other applicable laws of the State of New Mexico.