§5B-2B-3. West Virginia Workforce Investment Council; membership of Board; meetings; quorum requirements


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 B- 2 B- 3

§5B-2B-3. West Virginia Workforce Investment Council; membership

of Board; meetings; quorum requirements.

(a) The West Virginia Workforce Investment Council is hereby

created and shall serve as the state's Workforce Investment Board,

as required by the federal Workforce Investment Act, 29 U.S.C.

§2801, et seq. The Council shall make general recommendations

regarding workforce investment in the state to the Governor and the

Legislature.

(b) The Council may consist of no more than thirty-nine

members, including ex officio members.

(c) The Governor shall appoint, with the advice and consent of

the Senate, members to the Council according to the following

criteria:

(1) Representatives of business in the state, including at

least one representing the tourism industry, who are:

(A) Owners of businesses, chief executive officers, chief

operating officers of business and other business executives or

employers with optimum policy-making or hiring authority, including

members of regional workforce investment boards;

(B) Representatives of businesses having employment

opportunities that reflect the employment opportunities of the

state; and

(C) Individuals nominated by state business organizations and

business trade associations;

(2) No more than two members who are members of the Council for Community and Technical College Education;

(3) Two members who are members of the West Virginia Council

for Community and Economic Development;

(4) Two members who are chief elected officials representing

cities and counties;

(5) Two members who represent individuals and organizations

having experience and expertise in the delivery of workforce

investment programs, including one chief executive officer of a

community and technical college and one chief executive officer of

a community-based organization operating in the state;

(6) Two members who represent individuals and organizations

having experience in youth activities, including at least one youth

from a post-secondary education institution; and

(7) Two members who represent labor organizations in the state

who have been nominated by state labor federations.

(d) The following shall serve on the Council as ex officio

members:

(1) The Governor, or his or her designee;

(2) The Superintendent of the Department of Education, or his

or her designee;

(3) The Director of the Division of Rehabilitation Services,

or his or her designee: Provided, That the designee has

policy-making authority over a workforce investment program within

the Division of Rehabilitation Services;

(4) The Commissioner of the Bureau of Senior Services, or his or her designee: Provided, That the designee has policy-making

authority over a workforce investment program within the Bureau of

Senior Services;

(5) The Commissioner of the Bureau of Employment Programs, or

his or her designee: Provided, That the designee has policy-making

authority over a workforce investment program within the Bureau of

Employment Programs;

(6) The Director of the Division of Veterans' Affairs, or his

or her designee: Provided, That the designee has policy-making

authority over a workforce investment program within the Division

of Veterans' Affairs;

(7) The Executive Director of the West Virginia Development

Office;

(8) The Secretary of the Department of Health and Human

Resources, or his or her designee: Provided, That the designee has

policy-making authority over a workforce investment program within

the Department of Health and Human Resources;

(9) The Chancellor of the West Virginia Council for Community

and Technical College Education; and

(10) The Chancellor for Higher Education.

(e) The Speaker of the House of Delegates shall appoint two

members of the House of Delegates to serve on the Council, as

nonvoting members.

(f) The President of the Senate shall appoint two members of

the Senate to serve on the Council, as nonvoting members.

(g) The Governor shall appoint a Chair and Vice Chair for the

Council from among the members appointed pursuant to subdivision

(1), subsection (c) of this section.

(h) Initial terms for appointed members of the Council are for

up to three years as determined by the Governor. All subsequent

terms are for three years.

(i) The Council shall meet at least quarterly and appointed

members of the Council may be reimbursed for reasonable expenses

incurred within the scope of their service on the Council.

(j) A majority of the members of the Council constitute a

quorum: Provided, That a majority of the members making the quorum

are members appointed pursuant to subdivision (1), subsection (c)

of this section.

(k) The Council may create subcommittees to carry out any of

its duties. Quorum requirements required by subsection (j) of this

section also apply to subcommittees.

(l) No member of the Council may:

(1) Vote on a matter under consideration by the Council:

(A) Regarding the provision of services by the member or by an

entity that the member represents; or

(B) That would provide direct financial benefit to the member

or the immediate family of the member; or

(2) Engage in any other activity determined by the Governor to

constitute a conflict of interest as specified in the strategic

five-year state Workforce Investment Plan.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.