The Southwestern Area Workforce Development Board of
the State of New Mexico is established in accordance with Section 117 of the
Workforce Investment Act of 1998 (WIA), Public Law 105-220, 112 Stat. 936 and
Section 5 of the Workforce Development Act (WDA), Chapter 260, Laws 0f 1999, of
the State of New Mexico. Section 50-14-1 et seq. NMSA 1978 Compilation.
The name of this Board shall be The Southwestern Area Workforce Development Board (SAWDB) hereinafter referred to as the “Southwestern Area Workforce Development Board” (SAWDB).
It shall be the purpose of the SAWDB to set policy
for and provide operational oversight of the local workforce system
geographically comprised of the counties of Catron, Socorro, Grant, Sierra,
Luna, Dona Ana and
1. Provide a forum to
facilitate the development of workforce training and development under the WIA
and WDA.
2. Increase 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. Provide and support
workforce development initiatives to the New Mexico Legislature, the Governor
of New Mexico, the New Mexico Dept. of Labor and other local, state and federal
executive and legislative branches of government.
The SAWDB will carry out its duties and responsibilities according to the federal WIA, the New Mexico WDA, and all federal and State regulations duly promulgated under these acts.
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 a Southwestern 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 providers and provide
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 SAWDB.
8. Develop and negotiate local
performance measurements, as described in the WIA, with the chief elected
officials of the Southwestern Area and the Governor.
9. Ensure linkages with
economic development activities.
10. Encourage employer
participation and assist employers in meeting their hiring needs.
11. Conduct oversight of: a)
local programs and youth programs, in partnership with the chief elected
officials, authorized pursuant to the WIA and b) employment and training
activities pursuant to the WIA, and c) the one-stop delivery system in the
Southwestern Area.
12. Establish as a subgroup, a
youth council, appointed by the SAWDB in cooperation with the chief elected
officials of the Southwestern Area.
1. The Southwestern Area plan;
2. Membership of the SAWDB;
3. Designation and
certification of one-stop operators; and the award of grants or contracts to
eligible providers of youth activities.
1. Review and evaluate the
performance of all Southwestern 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. Provide policy advice, in
coordination with the State Board, regarding the application of federal or
state law that pertains to workforce development.
4. Develop an annual report for
the State Board and the Governor.
5. Annually review, for
potential inclusion in the Southwestern Area five-year plan, any goals,
objectives and policies submitted by state agencies involved in workforce
development activities in the Southwestern Area.
6. Administer WIA funds
allocated to the Southwestern Area workforce investment activities pursuant to
the WIA and WDA.
7. Contract, with public entities
to further the directives of the WIA and WDA as deemed necessary.
1) Board members shall be appointed
by the chief elected officials of the SAWDB, based on criteria established by
the Governor and the State Board. The composition of the SAWDB shall be in
compliance with Section 117 (b) (2)(A) and (B) of the
WIA pursuant to Section 50-14-5D, NMSA 1978
Compilation.
2) The SAWDB shall contain “a
minimum of fifty-one percent (51%) 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.”
3) Terms of Appointments
pursuant to Section 117(2)(A) of the WIA, the Governor
shall certify the membership of the SAWDB once every two years.
4) Consideration of all
appointments shall include gender, ethnicity, categorical representation, and
geographic diversity.
5) The
orientation for new members pursuant to the Act shall include specific duties
and responsibilities of individual board members.
6) SAWDB members who miss three
consecutive scheduled meetings of the SAWDB without cause shall be requested to
resign their Board position and their name shall be submitted to the Chief
Elected Officials for a letter to be written for replacement. An exception may be made when the
absence is for good cause, as determined by the SAWDB and the affected member
requests retention in writing and receives written approval from the Chair.
7) A vacancy/replacement on the
SAWDB shall be filled in the same manner as regular appointments.
8) A majority of members of the
SAWDB shall be from the private sector.
Preference shall be given to persons who are owners of
businesses, Chief Executives Officers (CEO’s) or Chief Operating Officers
(COO’s) of business and other business executives or employers with optimum
policymaking or hiring authority.
9) Vacancies on the SAWDB shall
exist upon the death, resignation or removal of a member.
10) A person selected to fill a
vacancy as provided in these bylaws shall hold office for the unexpired term of
her/his predecessor or until her/his death, removal or resignation.
Section B Membership
Responsibilities:
1. Members shall have the
responsibility to inform the SAWDB, through her/his designated representative,
of any changes in status, which would affect their categorical representation.
1. Members shall serve on committees,
subcommittees and taskforces as appointed by the SAWDB Chair. NO SAWDB member shall serve on more than 2
committees, excluding the executive committee except the board chair, who will
be an ex-officio member of all committees.
1. All members of the SAWDB,
including the Chair, 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. As stated in State Information Notice, SIN No. 39-00, paragraph 3(A)(3)(c)(I through iv), no member of the SAWDB shall
vote on the provision of services to that member (or any organization which
that member directly represents) or on any matter, which would provide direct
or indirect, or any benefits to that member or to the organization which that
member represents. A member shall
abstain from any evaluation of an affiliate organization with which that member
is associated.
Members of SAWDB shall not receive any salaries 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 by the Per Diem and Mileage Act of the State of
1.
Per Financial Reporting and
Accounting System Policies and Procedures Manual (C-FRAS) Members of the
Southwestern Area Workforce Development Board (SAWDB) will receive a fixed and
regular travel reimbursement of $75.00 per day for Board and all approved
committee meetings in place of per diem and mileage.
1. Members of the SAWDB and staff,
while acting under the direction of the SAWDB, shall not be held personally
liable for the debts, decisions, liabilities or other obligations of the SAWDB.
1. SAWDB 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 of property directly benefiting the WIA mission and
participants may be accepted without reimbursement of any kind to the donor.
1. Members appointed to the
SAWDB are considered representatives of the State in matters of workforce
development programs in the Southwestern area and are entitled to any rights
attendant to membership on the SAWDB, however, no SAWDB member may take any
action or carry out any activity on behalf of the SAWDB not permitted to be
taken or carried out without the approval, by vote, of the SAWDB.
1. Staff support for the SAWDB
shall be provided as determined by resolution of the membership at scheduled
meetings. Contract with staff shall include specific duties of administrative
support staff.
1. Operating
procedures shall be adopted by the SAWDB for committees, staff and the SAWDB.
1) Chair: The SAWDB Chair shall
be elected by a majority of the SAWDB members present at scheduled
meetings. The term of office of the
Chair shall be for two (2) years and he/she shall preside at all meetings of
the SAWDB and perform general and active management of the administrative
business of the SAWDB. It shall also be
the Chair’s duty to :
a) Perform all duties that are
incidental to his/her office and such other duties as may be required by the
WIA, the WDA and which may be prescribed by the SAWDB.
b) Preside at meetings of the
SAWDB and the executive committee
c) Execute legal documents when
authorized by the SAWDB, the WIA and the WDA
d) Appoint all committees
subject to the approval of the SAWDB, except as otherwise provided by the WIA
and WDA.
2) Vice-Chair: The Vice-Chair
shall be elected by a majority of the SAWDB members present at a regularly
scheduled meeting. The term of the vice-Chair shall be for two (2) years and
he/she shall perform the duties of the Chair in their absence. The vice-Chair
shall also perform additional duties from time to time as assigned by the
Chair.
a) In the absence of the Chair
or in the event of their inability or refusal to act, or if the office of Chair
is vacant, the vice-Chair shall perform all the duties of the Chair and, when
so acting, shall have all the powers and be subject to all the restrictions of
the Chair.
b) The vice-Chair shall have
such other powers and perform such other duties as may be prescribed by the
WIA, the WDA, these bylaws, or the SAWDB.
3) Only members of the private
sector shall be qualified to serve as Chair and Vice-Chair of the SAWDB. Each
such officer shall hold office until resignation, removal, or other
disqualification, to serve or until a successor is elected and qualified,
whichever comes first. The term of
office shall be two (2) years.
4) The SAWDB may elect such
other officers as it deems appropriate, and such
officers shall serve such terms, have such authority and perform such duties as
may be prescribed by the SAWDB.
5) Any SAWDB Chair or
Vice-Chair may be removed for cause by a two-thirds majority of the SAWDB at any scheduled or
special meeting. Any board member or
Chair or Vice-Chair may resign at any time by giving written notice to the Chair or Vice-Chair. Any such resignation shall take effect on the
date of such notice or any time specified therein and, unless otherwise
specified therein, the acceptance of such resignation shall not be necessary to
make it effective.
6) In the event of a vacancy of
any office, other than that of Chair, the vacancy may be filled temporarily by
appointment of the Chair until such time as the SAWDB shall fill that vacancy.
1)
The SAWDB shall meet at least once each quarter. The time and location will be determined at a
prior meeting. The State Board, the
Chair, or a majority of SAWDB members at his/hers/their discretion may
call special meetings. The time and location shall be determined by the
individual(s) calling the meeting. All
meetings shall be held in the Region 4 (Southwestern) of
1. All meetings shall be in
compliance with
1) Once the meeting date, time
and location are established and the agenda developed, a written announcement
along with the agenda will be transmitted to all SAWDB members.
a) All SAWDB members shall
receive notice of any meetings at least ten (10) days prior to the date of the
meeting. All SAWDB members shall receive notice of any special meeting at least
five (5) days prior to the date of the meeting. It shall be presumed that the
addressee will receive the notice emailed or otherwise transmitted from the
SAWDB office on the following business day.
b) Notice of all meetings shall
specify the nature of 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.
1) A quorum of the SAWDB shall
consist of a simple majority of the currently appointed membership. A quorum of a committee shall consist of a
simple majority of the members of the specific committee. If a quorum is present, the affirmative vote
of the majority shall be the official act of the SAWDB. A quorum of the SAWDB and all the committees
of the SAWDB must contain at least fifty-one percent (51)%
of its members from the private sector. A proxy does not constitute attendance under the
attendance requirements, but will be used to constitute a quorum.
1. Minutes of the proceedings
for each SAWDB meeting shall be recorded and maintained in the permanent files
for the SAWDB. A summary of the recorded
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
SAWDB shall be made available to the public upon written request. Minutes for the committee meetings shall be
recorded and made available upon request and shall be maintained in the
permanent files of the SAWDB.
1. All members of the SAWDB,
including the Chair, shall have the authority to vote on all matters that come
before the Board where there is no conflict of interest or appearance of a
conflict of interest.
2. As stated in the Code of
Conduct/Conflict of Interest olicy adopted by Amendment No.4), a member of the SAWDB may
not vote on a matter under consideration by the 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 or business represented.
3. Any SAWDB member who is
unable to attend any regular or special meeting may, by written notice filed
with the SAWDB Chair prior to the time of the meeting, give their proxy, in
writing, to any other Board member (with or without specific voting
instructions) who shall personally be present.
4. A member shall abstain from
any evaluation of an affiliate organization with which that member is
associated.
1. The SAWDB shall establish an
Executive Committee and may establish such other committees or advisory groups
as it deems necessary in order to carryout its duties and discharge its
responsibilities. The Chair shall define
the duties and responsibilities of all committees, subject to approval of the
SAWDB. The Chair shall appoint committee
members of all committees, but all such committee members and Chairs must be
certified by a majority vote of a quorum of SAWDB members.
2. 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 SAWDB.
3. When appointing committee
members, the SAWDB Chair shall do so considering the knowledge, experience and
preference of the particular members so appointed.
4. The composition of all
committees shall be at least fifty-one percent (51%) from the private sector.
5. The SAWDB Chair shall serve
as an ex-officio member on all committees.
6. Committees shall elect their
own Chair. The meeting of each committee
to appoint its own Chair shall be at a time and place selected by the SAWDB
chair. No SAWDB member shall serve on more than two (2) committees excluding
the Executive Committee, except the board chair, who will be an ex-officio
member of all committees.
Executive
Committee: The Executive Committee is
composed of all Committee Chairs and two members at large as appointed by the
Chair and is chaired by the SAWDB Chair. The SAWDB Vice-Chair serves as Vice Chair of
the Executive Committee.
. The Executive
Committee shall also review and coordinate the work of the other committees
prior to the Chair of those committees reporting to the SAWDB. The Executive
committee may recommend to the Chairs of other committees that additional work
be completed before reporting to the Board, but it may not block the committee
Chairs from reporting to the Board. In
cases of disagreement, the SAWDB Chair shall report the disagreement to the
Board and explain the reason(s) for the disagreement. The SAWDB Chair shall act as the Executive Committee
Chair and shall exercise the power to vote on the Executive Committee only as required to constitute quorum or to break a tie vote.
1. The SAWDB Chair shall
determine agenda items for SAWDB meetings.
All actions of the Executive
Committee shall be reported to the Board at its next meeting following such
action, and such reports shall become part of the SAWDB minutes. Meetings of
the Executive Committee shall be called by the Chair in such locations the
Chair may designate.
1. Executive Committee: The
Executive Committee is composed of all Committee Chairs
and two members at large as appointed by the Chair and is chaired by the SAWDB
Chair. The SAWDB Vice-Chair serves as
Vice Chair of the Executive Committee. This committee has the
responsibility for reviewing and making recommendations pertaining to workforce
development operation. In an emergency which is defined as “Loss of programs,
functions, or money or in accordance with the Open Meetings Act, Section D, as
Health, Life Threatening or funding that would create a financial hardship”,
the Executive Committee may act on behalf of the SAWDB. In other
such emergency situations, the
Southwestern Area Workforce Development Board (SAWDB) shall be the decision
making entity able to award contracts with the CEO Board. The Executive Committee
shall also review and coordinate the work of the other committees prior
to the Chair of those committees reporting to the SAWDB. The Executive
Committee may recommend to the Chairs of other committees that additional work
be completed before reporting to the Board, but it may not block the committee
Chairs from reporting to the Board. In
cases of disagreement, the SAWDB Chair shall report the disagreement to the
Board and explain the reason(s) for the disagreement.
2. Planning:
This committee has responsibility for reviewing and making recommendations pertaining to workforce
development planning and operation. This includes reviewing state and local plans, identification and certification of workforce
areas/boards,
resources for those workforce areas and identification of education needs for services and
training. The Planning Committee shall develop a five-year plan with Board approval
and CEO concurrence and annually review and update it as necessary, as
outlined in the local plan.
3.Monitoring/Performance: The responsibility
of this committee is to oversee and evaluate workforce development areas and
local programs for compliance with rules and regulations to determine program
success or failure. Additionally it will
review and approve state and local performance goals, review monitoring and performance
reports, make recommendations for recognition, award incentive grants for
program success, take corrective action and/or impose sanctions for
non-compliance or program failure. The
goal of this committee is to assure the continuous improvement of State
training programs.
1. Stakeholders: This committee will identify the needs of the
employer market and the training needs of the workforce to assure those
training programs are driven by local labor market demands. This committee will survey workforce
investment areas, and employers to gauge the labor market
trends and identify demand occupations.
The committee will communicate training/occupational needs to local
workforce areas and service providers.
2. Communication/Marketing/Research: This committee will facilitate communication,
market and promote the State’s Workforce development efforts. The committee will identify and communicate
program successes and human-interest stories.
It will also research, plan and implement a strategy to market and promote
programs with the public and employers.
3. Agency Coordination: This committee will make efforts to minimize
program duplication, facilitate coordination and communication between
agencies, employers and training providers.
The committee will research and identify employment and training
activities, services available and facilitate the interaction between the
government and private sector to assure they do not overlap and are effective
and efficient to promote a coherent strategy leading to program success.
1. SAWDB shall submit an annual
report to the Governor, the New Mexico Legislature, the Chief Executive
Officers of the counties and municipalities of the Southwestern Area, and to such other federal, state and local government
units as deemed appropriate.
Section A First Revision:
1.
The bylaws as contained herein have been
revised and amended in accordance with the provision for amendment contained in
Section B herein, and these bylaws, as amended, shall replace all bylaws
previously enacted by the Southwestern Area Workforce Development Board, and
shall constitute the duly enacted and governing bylaws of the Southwestern Area Workforce Development
Board.
Section B Amendments:
1. These bylaws may be amended
or repealed by a two-thirds (2/3) affirmative vote of the SAWDB after
notification of such an amendment to the full SAWDB membership, in compliance
with Article VII of these bylaws. A committee appointed by the SAWDB Chair
shall review these bylaws at least annually.
This committee shall also review
and recommend policies and procedures, as needed, for committees, staff, and
the SAWDB for board approval.
1. Upon any dissolution of the
SAWDB, the Southwestern Board shall, after paying or making provision for
payment of liabilities, dispose of all of the assets in accordance with the WIA
and the WDA and any other applicable laws of the State of
1. The SAWDB, in execution of
its business shall comply with all applicable New Mexico Statutes and
regulations including, but not limited to, the State Procurement Code, the
State Open Meetings Act, as provided in
Section 10-15-1, NMSA 1978 Compilation, and the State Mileage and Per
Diem Act.
Approved by the SAWDB
On December 4, 2002 and
Respectfully submitted:
/s/Willie Marquez .
/s/ J. P. Jones
.
Adopted by the membership
Date December 4, 2002
Elizabeth A. Bernal, Board Staff
NOTE:
Wherever appearing above “Chairperson” has been changed to “Chair” and
“the Board” has been changed to “SAWDB”.