New York State Workforce Development System New York State
Technical Advisories and Bulletins
 
August 9, 2000
 Workforce Development System Technical Advisory 00-35
 
To: Chairpersons of Local Workforce Investment Boards
Chief Elected Officials
WIA Grant Recipients
WIA Fiscal Agents
WIA Local Area Contacts
Subject: The Role of the Local Workforce Investment Board and Board Staff Members in the Provision of Services in the One-Stop System
Reference: Workforce Investment Act Section 117(f), and Workforce Investment Act Interim Final Rule Section 661.310
Purpose: To provide guidance to local workforce investment areas regarding legal restrictions on the undertaking of certain activities by the local workforce investment boards and their staff members
Background: Information provided by local areas to the New York State Department of Labor has revealed a number of LWIAs out of compliance with the above referenced sections of the WIA and its Interim Final Rule.
Action: Under the Workforce Investment Act, the local board is responsible for setting policy and overseeing workforce investment programs for the local area. Sections 661.300 and 661.305 of the Interim Final Rule reiterate the roles and responsibilities of the local boards. These responsibilities cannot be transferred to other entities or individuals that may be acting in a support capacity to the board.

Local workforce investment boards must take steps to ensure that the board, as an entity, and the staff that supports the board, do not provide core, intensive or training services, and that they do not act as the One-Stop Operator for any of the One-Stop Centers in the local area.

Section 117(f) of the Workforce Investment Act prohibits local boards from providing core services or intensive services, and from acting as the operator of a One-Stop Center unless permission to do so has been granted by the chief elected official(s) of the local area, and the Governor. Section 661.310 of the Interim Final Rule extends this prohibition to the staff of the local board.

Similarly, the local board staff and its staff are prohibited from providing training services, unless, after the receipt of a written request from a local board, the Governor grants a 1-year waiver.

The Governor of New York State has exercised his authority within the law and has stipulated that no waivers will be granted. Those local WIA program staff who are cost allocating time between WIA program activities and local board support must submit by October 1, 2000 a plan detailing what steps will be taken to accomplish a separation of responsibilities by July 1, 2001.

Cost allocation in and of itself is not deemed an acceptable means of separating oversight of system programs from delivery of WIA core, intensive and training services. The function of the individual in each of the respective organizations must be considered when determining whether a potential conflict of interest exists. Individuals whose functions include monitoring, oversight of day-to-day operations of partner programs, or direct provision of program services, may not serve in a similar capacity on behalf of the local board.

The above referenced plan must be signed by the CEO(s) and the board chairs of the local workforce investment area. Submit to:

Ms. Margaret M. Moree
Director
Workforce Development and Training
New York State Department of Labor
State Office Campus, Building 12, Room 450
Albany, New York 12240