Section 34-14-22. Staffing

   (a) In accordance with federal law, the elected officials within each local workforce investment area shall select a chief local elected official to represent the area. The elected officials for each local workforce investment area shall be the mayors and county commission chairpersons within the designated local workforce investment area. No more than one mayor shall represent a county in the local workforce investment area. Three-quarters of the elected officials within the local workforce investment area must be present to vote on the chief local elected official. The chief local elected official shall serve for a term of no more than two years and shall serve no more than two consecutive terms unless the local workforce investment area is composed of one city or county.

(b) Meeting minutes must be submitted to the Governor's Office of Workforce Development within five business days of the election of a chief local elected official.

(c) The chief local elected official shall designate a fiscal agent/grant recipient.

(d) (1) The chief local elected official in a local workforce investment area shall form, in accordance with rules established by the Governor's Office of Workforce Development, a local workforce investment board to:

      (A) Plan and oversee the delivery of workforce training and services; and

      (B) Evaluate workforce development in the local workforce investment area.

   (2) This authority shall not give a local workforce investment board any direct authority or control over workforce funds and programs in its workforce investment area, other than programs approved through that board. An agreement on the formation of a board shall be in writing, be submitted to the Governor's Office of Workforce Development, and include:

      (A) The purpose for the agreement;

      (B) The process to be used to select the chief local elected official who will act on behalf of the other elected officials;

      (C) The process to be used to keep the elected officials informed regarding local workforce investment area activities;

      (D) The initial size of the board;

      (E) The process, consistent with applicable federal and state law, for the appointment of the board members; and

      (F) The terms of office of the board members.

   (3) The Governor's Office of Workforce Development shall assign staff to meet with each local workforce investment board annually to review the board's performance and adherence to state and federal law regulating board activities.

(e) Local boards shall set policy, to be included in their by-laws, establishing what constitutes a quorum necessary for voting. At a minimum, the standard for a quorum shall include over 30 percent of board membership being present for meetings.

(f) A power or duty granted to a board shall not be exercised in a workforce investment area until:

   (1) The elected officials in that local workforce investment area agree on the establishment of a board; and

   (2) The board is certified by the Governor.

(g) The chief local elected official shall appoint the board. Such appointments shall:

   (1) Be consistent with the local government agreement and applicable federal and state law and federal Workforce Investment Act regulations; and

   (2) Reflect the ethnic and geographic diversity of the local workforce investment area.

To provide continuity, the chief local elected official shall consider appointing persons with management or direct hiring authority responsibility to the board who are serving or who have served previously on a private industry board, a workforce planning committee, a job service employer committee, and any other entity affected by this chapter. Local boards shall also include one staff member from the Department of Economic Development and one staff member from each Technical College System of Georgia school within the local workforce investment area.

(h) Proxy voting shall not be permitted on a local workforce investment board or in the election of a chief local elected official.

(i) A member or former member of a board shall not be held personally liable for a claim, damage, loss, or repayment obligation of federal or state funds that arises under this chapter unless the act or omission that causes the claim, damage, loss, or repayment obligation constitutes, on the part of the board member or former board member:

   (1) Official misconduct;

   (2) Willful disregard of the requirements of this chapter; or

   (3) Gross negligence.

(j) To prevent conflicts of interest, chief local elected officials, local board members, and executive directors shall sign a conflict of interest statement upon accepting a position on a local board, disclosing any and all potential conflicts. The Governor's Office of Workforce Development may request any local board member to file a personal financial statement without cause.

(k) The Georgia Workforce Investment Board may remove a fiscal agent/grant recipient, a member of the local board, the executive director for the local board, or the designated person responsible for the operational and administrative functions of the local board for cause. Cause for removal shall be determined by the Georgia Workforce Investment Board after consultation with the appropriate chief local elected official and the senior fiscal agent representative.

(l) The chairperson of a board shall be selected from the members of the board who represent the private sector. The chairperson shall serve for a term of no more than two years and shall serve no more than two terms.

(m) A board may create committees as needed to carry out its duties and responsibilities.

(n) The Governor shall certify a board on determining that the board's composition is consistent with applicable federal and state law and requirements and meets established state criteria as determined by the Georgia Workforce Investment Board.

(o) A board shall adopt a budget for the board that shall be included in the local workforce investment area plan submitted to the Governor's Office of Workforce Development no later than two weeks after the chief local elected official approves the budget. The chief local elected official shall approve in writing the budget submitted by the board.

(p) Any non-budgeted purchase or expenditure over $5,000.00 by a board shall require approval by the Governor's Office of Workforce Development except for training provider expenditures approved on the eligible training provider list, approved operational expenditures which shall include salaries and benefits, and any purchase requirement in accordance with federal law.

Code 1981, § 34-14-22, enacted by Ga. L. 2013, p. 573, § 2/HB 393.