BOARD MEMBERS Present · PY 2017 - FINAL LWDA 06 Adult Negotiated Level Actual Performance % of Negotiated Level Employment 2nd Quarter after Exit 73.8 84.8 114.91% Employment 4th

PWN Board Meeting Minutes

September 20, 2018 – 3:00 PM – 4:30 PM UVA Research Park, Town Center Two

1001 Research Park Blvd, 4th Floor Conference Room Charlottesville, VA 22911

BOARD MEMBERS Present Debbie Desmond Allyn Gutauskas X Ted Horn Antwon Brinson X Elizabeth Walters, Vice Chair Janelle Downs Ray Knott Don Cantore X Darla Rose Jeff Waite, Chair Emily Dyer Melanie Thigpen X Randy Soderquist Steven Ray, Past Chair X Steve Snyder X Kenny Allison Dave Kilgore X Peter Mocarski X Naomi Aitken X Marilyn Henderson X Carol Coffey X Bo Bundrick X Jeanne Wesley X Valerie Palamountain X Miles Friedman

Andy Wade John Baldino X Lorne Seay Laura Duckworth X Wes Mayles Ridge Schuyler X Joe Martin Raheem Turane PWN COUNCIL MEMBERS Supervisor Lee Frame PWN Staff Helen Cauthen X Stephanie Boynton X Monica Long X Other Guests Stephanie Hoer, Goodwill X Marty Baldwin, Goodwill Culpeper X Sarah Drebes, Goodwill Culpeper X

I. Welcome & Introductions

Past Chair Steve Ray called meeting to order 3:00 PM and directed welcome and introductions. All members in attendance introduced themselves. New Board members were welcomed, Antwon Brinson, Culinary Concepts AB, Marilyn Henderson, VEC and Bo Bundrick, Louisa County CTE.

II. Public Comment No public comments were made.

III. Consent Agenda

Chair Steve Ray presented the consent agenda including: • June 14, 2018 PWN Board Meeting Minutes.

o Stephanie Boynton noted the minutes should be revised to add Kenny Allison as in attendance. Steven Snyder also noted he attended at the June 14, 2018 meeting.

Motion by Naomi Aitken to recommend approval of the Consent Agenda with changes as noted. Second by Jeanne Wesley. Motion carried unanimously.

IV. Administrative Update Stephanie Boynton introduced Monica Long as the Piedmont Workforce Operations Manager. Stephanie Boynton reviewed WIOA Performance results through August 2018. Performance results from the state for the second through fourth quarters indicated that all negotiated performance measures for the period are expected to be met. The Piedmont Workforce Network is waiting for the final Program Year 2017 performance report from the state. Motion by Naomi Aitken to recommend accepting the performance update as presented. Second by Jeanne Wesley. Motion carried unanimously.

Stephanie Boynton reported on performance negotiations for Program Years 2018 and 2019 ongoing with the state. Final negotiations will be held September 25th. Stephanie Boynton gave an update on re-branding process. She noted launch events will occur in October and November. Stephanie Boynton provided an update on the Eligible Training Provider recertification process. The new state policy and guidelines for eligible training providers are becoming clearer. The Piedmont Workforce Network will be responsible for obtaining documentation on all student’s performance moving forward and to review and monitor onsite and online ADA compliance. Administrative burden is going to be significant. Monica Long will be handling this aspect and it will be a good portion of her time.

Stephanie Boynton discussed the various ongoing monitoring and corrective action plans. Stephanie Boynton announced that Charlottesville, Culpeper and Orange Centers have now passed ADA reviews. This was the last item on the corrective action plan to have all three centers certified. PWN is awaiting confirmation from the Title I Administrators office that the centers are certified.

V. FY2018 Year End Financials Stephanie Boynton presented year-end financials for fiscal year 2018. Motion by Valeria Palamountain to recommend acceptance of fiscal year 2018 financials as presented. Second by John Baldino. Motion carried unanimously.

VI. Financial Reports Stephanie Boynton presented year-to-date financials and budget reallocations. Motion by Valerie Palamountain to approve the year-to-date financial reports and budget allocations as presented. Second by Naomi Aitken. Motion carried unanimously.

VII. FY 2019 Operating Budget – Full Allocation Stephanie Boynton presented the operating budget for FY 2019. The budget as presented is for program year 2018, fiscal year 2019. Motion by Peter Mocarski and Valerie Palamountain to recommend approval of the FY 2019 Budget Allocation as presented. Second by Ridge Schuyler. Motion carried unanimously.

VIII. New and updated policies and procedures

Stephanie Boynton presented a new policy for Virginia Financial Success Network (VFSN) Supportive Service, the revised policy for Individual Training Account and a revised policy for Work Experiences and Internships. Motion by Valerie Palamountain to recommend approval of the new and revised policies for VFSN Supportive Service, Individual Training Accounts and Work Experiences and Internships. Second by John Baldino. Motion carried unanimously.

IX. Eligible Training Provider Recertification

Due to the status of the requirements for Eligible Training Provider Recertification clarification from the state, staff recommended extension of the recertification of New Pathways Tech, Inc. Machining Skills Certification Program through December 31, 2018 to allow for further guidance from the state on the requirements associated with the recertification process. Motion by Peter Mocarski to recommend extension of New Pathways Tech, Inc. eligible training provider recertification through December 31, 2018. Second by Jeanne Wesley. Motion carried unanimously.

X. Committee Recruitment Steve Ray requested that all board members review the committee interest questionnaire and submit to Stephanie Boynton. Discussion proceeded to discuss the slate of committees to stand up since WIOA does not require specific committees. Marketing and Business Outreach, WIOA Committee and a committee for Work-Based Learning were discussed as those needed in the region since it would give the Board the opportunity to tap other people in the region for expertise in those areas. Steve Ray asked for volunteers to staff each committee and noted staff will be reaching out to facilitate standing up the committees.

XI. Conflict of Interest Forms Stephanie Boynton asked that all board members complete the conflict of interest forms as provided.

XII. Other Business

No other business was presented.

XIII. Adjournment There being no other business, Past Chair Steve Ray adjourned the meeting at 4:30 PM.

PY 2017 - FINAL

LWDA 06

Adult

Negotiated

Level

Actual

Performance

% of

Negotiated

Level

Employment 2nd Quarter after Exit 73.8 84.8 114.91%

Employment 4th Quarter after Exit 78.3 85.1 108.68%

Median Earnings 2nd Quarter after Exit $3,286 $5,070 154.29%

Credential Attainment within 1 year 61.0 89.1 146.07%

Measurable Skills Gain Baseline 52.9

Dislocated Workers



Median Earnings 2nd Quarter after Exit $6,027 $8,287 137.50%



Youth



Median Earnings 2nd Quarter after Exit Baseline $3,391



PY 2018 Qtr 9/30/2018 Local Area Report for WIOA Adult Page 1

Time Period: x Quarterly Rolling 4 Quarters Program to Date WIB Code: 51055 (choose only one)

REPORTING PERIOD COVERED: 7/1/2018-9/30/2018

Performance Items

Basic Career Services

(other than self service)

Individualized

Career Services

Training Services

Total Current

Period

Total Previous Period

A. SUMMARY INFORMATION

1. Total Exiters (Cohort Period: 4/1/2018-6/30/2018) 0 3 17 20 14 2. Total Participants Served (Cohort Period: 7/1/2018-9/30/2018) 0 25 50 75 74 3. Total Reportable Individuals (Cohort Period: 7/1/2018-9/30/2018) 0 9 B. PARTICIPANT SUMMARY AND SERVICE INFORMATION1 (Cohort Period: 7/1/2018-9/30/2018)

Se

x 1a. Male 0 1 10 11 18 1b. Female 0 24 40 64 56

Et

hnic

ity/R

ace

2a. Hispanic/Latino 0 1 1 2 3 2b. American Indian or Alaskan Native 0 0 0 0 1 2c. Asian 0 0 0 0 1 2d. Black or African American 0 15 29 44 41 2e. Native Hawaiian or Other Pacific Islander 0 0 0 0 1 2f. White 0 10 18 28 26 2g. More Than One Race 0 0 0 0 1

Oth

er

Dem

ogra

phic

s 3a. Eligible Veterans 0 0 1 1 1 3b. Individuals with a Disability 0 1 4 5 7 3c. Incumbent Workers 0 0 0 0 0 3d. Unemployed Individuals 0 9 26 35 37

Ed

ucat

ion

Leve

l

4a. Secondary School Graduate or Equivalent 0 20 39 59 55 4b. Completed 1 or more years of Postsecondary Education 0 0 0 0 0 4c. Postsecondary Certification, License, or Educational Certificate (non‐degree) 0 0 1 1 1 4d. Associate's Degree 0 4 5 9 8 4e. Bachelor's Degree or Equivalent 0 0 1 1 3 4f. Advanced Degree Beyond Bachelor's Degree 0 0 3 3 4

C. EMPLOYMENT BARRIER2 (Cohort Period: 7/1/2018-9/30/2018) 1. Displaced homemakers 0 0 0 0 0 2. Low‐income individuals 0 22 37 59 56 3. Older individuals 0 2 5 7 7

4. Ex‐offenders 0 2 8 10 14 5. Homeless individuals or runaway youth 0 2 3 5 3 6. Current or former foster care youth 0 0 0 0 0 7. English language learners, individuals with low levels of literacy or facing substantial cultural barriers 0 4 10 14 24 8. Eligible migrant and seasonal farmworkers 0 0 0 0 0 9. Exhausting TANF within 2 years (Part A Title IV of the Social Security Act) 0 0 0 0 0 10. Single parents (Including single pregnant women) 0 11 21 32 30 11. Long‐term unemployed (27 or more consecutive weeks) 0 3 3 6 3

PY 2018 Qtr 9/30/2018 Local Area Report for WIOA Adult Page 2 Time Period: x Quarterly Rolling 4 Quarters Program to Date WIB Code: 51055

(choose only one)

PERIOD COVERED: 7/1/2018-9/30/2018

Performance Items



Individualized

Career Services

Training Services

Total Current

Period


D. Core Indicators of Performance 1. Employment Rate (Q2) (Cohort Period: 7/1/2017-9/30/2017) 92.9% 100.0% 96.7% 89.5% 2. Employment Rate (Q4)(Cohort Period: 1/1/2017-3/31/2017) 100.0% 76.9% 78.6% 89.5% 3. Median Earnings (Cohort Period: 7/1/2017-9/30/2017) $0 $5,221 $4,210 $5,101 $6,899 4. Credential Rate3 (Cohort Period: 1/1/2017-3/31/2017) 76.9% 76.9% 92.3%

5. Measurable Skill Gains3 (Cohort Period: 7/1/2018-9/30/2018) 0.0% 55.6% 50.0% 44.8%

Performance Items Total

Covered Entrants

Percent Served Current Period

Percent Served Previous Period

E. Veterans' Priority of Service (Cohort Period:7/1/2018-9/30/2018) 1. Covered Entrants Who Reached the End of the Entry Period 0

2. Covered Entrants Who Received a Service During the Entry Period 0

3. Covered Entrants Who Received a Staff‐Assisted Service During the Entry Period 0

*Program name to be entered/displayed here. This form does not apply to Title I Youth Program. 1Participant information is based on data given at the point of entry into the program. 2Barriers to Employment are determined at the point of entry into the program. 3Credential Rate and Measurable Skill Gains do not apply to the Wagner‐Peyser program.

Public Burden Statement(1205-0521)

Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Respondent’s reply to these reporting requirements is mandatory (Workforce Innovation and Opportunity Act, Section 116). Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate to the Office of Policy Development and Research ● U.S. Department of Labor ● Room N‐5641 ● 200 Cons tu on Ave., NW, ● Washington, DC ● 20210. Do NOT send the completed application to this address.

PY 2018 Qtr 9/30/2018 Local Area Report for A Dislocated W Page 1

Time Period: x Quarterly Rolling 4 Quarters Program to Date WIB Code: 51055 (choose only one)


Performance Items



Individualized

Career Services

Training Services

Total Current

Period



1. Total Exiters (Cohort Period: 4/1/2018-6/30/2018) 0 4 8 12 8 2. Total Participants Served (Cohort Period: 7/1/2018-9/30/2018) 0 10 20 30 33 3. Total Reportable Individuals (Cohort Period: 7/1/2018-9/30/2018) 0 10 B. PARTICIPANT SUMMARY AND SERVICE INFORMATION1 (Cohort Period: 7/1/2018-9/30/2018)

Se

x 1a. Male 0 2 8 10 10 1b. Female 0 8 12 20 23

Et

hnic

ity/R

ace

2a. Hispanic/Latino 0 0 1 1 1 2b. American Indian or Alaskan Native 0 0 0 0 0 2c. Asian 0 0 0 0 0 2d. Black or African American 0 2 8 10 10 2e. Native Hawaiian or Other Pacific Islander 0 0 0 0 0 2f. White 0 7 11 18 22 2g. More Than One Race 0 0 1 1 1

Oth

er

Dem

ogra

phic

s 3a. Eligible Veterans 0 0 0 0 0 3b. Individuals with a Disability 0 0 0 0 0 3c. Incumbent Workers 0 0 0 0 0 3d. Unemployed Individuals 0 10 20 30 33

Ed

ucat

ion

Leve

l

4a. Secondary School Graduate or Equivalent 0 7 12 19 22 4b. Completed 1 or more years of Postsecondary Education 0 2 1 3 2 4c. Postsecondary Certification, License, or Educational Certificate (non‐degree) 0 0 0 0 0 4d. Associate's Degree 0 0 2 2 2 4e. Bachelor's Degree or Equivalent 0 0 4 4 5 4f. Advanced Degree Beyond Bachelor's Degree 0 1 1 2 2

C. EMPLOYMENT BARRIER2 (Cohort Period: 7/1/2018-9/30/2018) 1. Displaced homemakers 0 0 0 0 0 2. Low‐income individuals 0 2 6 8 9 3. Older individuals 0 1 3 4 6

4. Ex‐offenders 0 2 1 3 3 5. Homeless individuals or runaway youth 0 0 0 0 0 6. Current or former foster care youth 0 0 0 0 0 7. English language learners, individuals with low levels of literacy or facing substantial cultural barriers 0 0 1 1 2 8. Eligible migrant and seasonal farmworkers 0 0 0 0 0 9. Exhausting TANF within 2 years (Part A Title IV of the Social Security Act) 0 0 0 0 0 10. Single parents (Including single pregnant women) 0 1 1 2 2 11. Long‐term unemployed (27 or more consecutive weeks) 0 0 0 0 0

PY 2018 Qtr 9/30/2018 Local Area Report for A Dislocated W Page 2 Time Period: x Quarterly Rolling 4 Quarters Program to Date WIB Code: 51055

(choose only one)

PERIOD COVERED: 7/1/2018-9/30/2018

Performance Items



Individualized

Career Services

Training Services

Total Current

Period


D. Core Indicators of Performance 1. Employment Rate (Q2) (Cohort Period: 7/1/2017-9/30/2017) 85.7% 100.0% 92.9% 93.3% 2. Employment Rate (Q4)(Cohort Period: 1/1/2017-3/31/2017) 100.0% 66.7% 80.0% 93.3% 3. Median Earnings (Cohort Period: 7/1/2017-9/30/2017) $0 $5,747 $7,044 $6,535 $8,156 4. Credential Rate3 (Cohort Period: 1/1/2017-3/31/2017) 100.0% 100.0% 50.0%

5. Measurable Skill Gains3 (Cohort Period: 7/1/2018-9/30/2018) 25.0% 25.0% 25.0%

Performance Items Total

Covered Entrants



E. Veterans' Priority of Service (Cohort Period:7/1/2018-9/30/2018) 1. Covered Entrants Who Reached the End of the Entry Period 0


3. Covered Entrants Who Received a Staff‐Assisted Service During the Entry Period 0

*Program name to be entered/displayed here. This form does not apply to Title I Youth Program. 1Participant information is based on data given at the point of entry into the program. 2Barriers to Employment are determined at the point of entry into the program. 3Credential Rate and Measurable Skill Gains do not apply to the Wagner‐Peyser program.

Public Burden Statement(1205-0521)

Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Respondent’s reply to these reporting requirements is mandatory (Workforce Innovation and Opportunity Act, Section 116). Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate to the Office of Policy Development and Research ● U.S. Department of Labor ● Room N‐5641 ● 200 Cons tu on Ave., NW, ● Washington, DC ● 20210. Do NOT send the completed application to this address.

PY 2018 Qtr 9/30/2018 Local Area Report for WIOA Youth Page 1

Time Period: x Quarterly Rolling 4 Quarters Program to Date WIB Code: 51055


Performance Items

Youth:

Received services other

than occupational skills training

Received

occupational skills training

Total Current Period



1. Total Exiters (Cohort Period: 4/1/2018-6/30/2018) 12 6 18 16

2. Total Participants Served (Cohort Period: 7/1/2018-9/30/2018) 46 36 82 80

3. Total Reportable Individuals (Cohort Period: 7/1/2018-9/30/2018) 2 2

B. PARTICIPANT SUMMARY AND SERVICE INFORMATION1 (Cohort Period: 7/1/2018-9/30/2018)

Se

x 1a. Male 25 8 33 30

1b. Female 21 28 49 50

Et

hnic

ity/R

ace

2a. Hispanic/Latino 1 3 4 4

2b. American Indian or Alaskan Native 1 1 2 1

2c. Asian 1 0 1 1

2d. Black or African American 18 18 36 34

2e. Native Hawaiian or Other Pacific Islander 0 0 0 0

2f. White 23 16 39 41

2g. More Than One Race 2 3 5 6

Oth

er

Dem

ogra

phic

s

3a. Eligible Veterans 0 0 0 0

3b. Individuals with a Disability 22 8 30 30

3c. Out-of-School Youth 32 75 73

3d. In-School Youth 3 4 7 7

3e. Unemployed Individuals 37 24 61 61

Ed

ucat

ion

Leve

l

4a. Secondary School Graduate or Equivalent 35 31 66 63

4b. Completed 1 or more years of Postsecondary Education 0 0 0 0

4c. Postsecondary Certification, License, or Educational Certificate (non-degree) 1 0 1 1

4d. Associate's Degree 1 1 2 1

4e. Bachelor's Degree or Equivalent 2 0 2 1

4f. Not a Secondary School Graduate or Equivalent 4 11 14 14

C. EMPLOYMENT BARRIER2 (Cohort Period: 7/1/2018-9/30/2018) 1. Displaced homemakers 0 0 0 0

2. Low-income individuals 46 36 82 80

3. Older individuals

4. Ex-offenders 6 6 12 14

5. Homeless individuals or runaway youth 4 0 4 3

6. Current or former foster care youth 3 2 5 7

7. English language learners, individuals with low levels of literacy or facing substantial cultural barriers 29 19 48 46

8. Eligible migrant and seasonal farmworkers 0 0 0 0

9. Exhausting TANF within 2 years (Part A Title IV of the Social Security Act) 0 0 0 0

10. Single parents (Including single pregnant women) 4 12 16 15

11. Long-term unemployed (27 or more consecutive weeks) 0 1 1 1

PY 2018 Qtr 9/30/2018 Local Area Report for WIOA Youth Page 2

Time Period: x Quarterly Rolling 4 Quarters Program to Date WIB Code: 51055 PERIOD COVERED: 7/1/2018-9/30/2018

Performance Items

Youth:

Received services other

than occupational skills training

Received

occupational skills training

Total Current Period


D. Core Indicators of Performance

1. Employment, Education, or Training Placement Rate (Q2) 7/1/2017-9/30/2017) 88.2% 77.8% 84.6% 100.0%

2. Employment, Education or Training placement Rate (Q4) 1/1/2017-3/31/2017) 60.0% 66.7% 62.5% 66.7%

3. Median Earnings 7/1/2017-9/30/2017) $3,081 $3,064 $3,073 $5,311

4. Credential Rate 1/1/2017-3/31/2017) 0.0% 66.7% 40.0% 42.9%

5. Measurable Skill Gains 7/1/2018-9/30/2018) 0.0% 39.1% 46.2% 39.1%

Performance Items

Total Covered Entrants



E. Veterans' Priority of Service (Cohort Period:7/1/2018-9/30/2018)

1. Covered Entrants 0


3. Covered Entrants Who Received a Staff-Assisted Service During the Entry Period 0

1Participant in formation is based on data given at time of enrollment. 2Barriers to Employment are determined at the point of entry into the program. 3This indicator also includes those youth participants, whether formula or discretionary, who entered into a training or education program. 4Credential Rate and Measurable Skill Gains do not apply to the Wagner-Peyser program.

Public Burden Statement (1205-0521)

Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Respondent’s reply to these reporting requirements is mandatory (Workforce Innovation and Opportunity Act, Section 116). Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate to the Office of Policy Development and Research ● U.S. Department of Labor ● Room N-5641 ● 200 Cons8tu8on Ave., NW, ● Washington, DC ● 20210. Do NOT send the completed application to this address.

Workforce Innovation and Opportunity Act Annual Administrative Compliance Review

Piedmont Workforce Network Program Year 2018

Piedmont Workforce Development Board (PWDB) Response Prepared by Monica Long

Submitted December 4, 2018

Prepared by Vicki M. Tanner Issued November 16, 2018

Purpose of the Review The Workforce Innovation and Opportunity Act of 2014 (WIOA) mandates the monitoring of recipients and sub-recipients of all grants awarded and funds expended under WIOA Title I to determine compliance with WIOA, the Uniform Administrative Requirements at 29 CFR Part 200, and other applicable Federal laws and regulations. The Workforce Development Services team of the Virginia Community College System (VCCS-WDS), as the WIOA Title I administrative entity, conducts the required annual compliance monitoring of Virginia’s 15 local workforce development areas (LWDAs). In order to enhance ongoing communication, support, and compliance in Program Year 2018, the VCCS-WDS is conducting monitoring throughout the program year. A desk review of the administrative components was completed in Fall 2018 and the remaining elements, including fiscal, programmatic, and Equal Opportunity, will be completed via on-site and desk review in Spring 2019. NOTE: VCCS-WDS Grants Administration staff are reviewing One-Stop Partner Memorandums of Understanding and Infrastructure Funding Agreements for compliance and will communicate their concerns or findings separately.

Report Contents This report contains the results of the administrative review for Piedmont Workforce Network for Program Year 2018. The report may include commendations, findings, concerns, and considerations. If the review team identified a finding or concern, a detailed description and the required or recommended actions are provided. The following describes the difference between findings, concerns, and considerations.

Finding: Findings indicate that the area is out of compliance with current federal laws/regulations or state and local policies. Each finding has a required action to ensure compliance. The local area must provide a corrective action plan for all findings.

Concern: Concerns identify potential risk to the local area and may result in a future finding if the issue is not addressed. Although this does not indicate that the local area is out of compliance, recommended or required corrective actions are provided to improve services to the local area.

Consideration: Considerations address an area identified that may benefit the local area or enhance monitoring of the local area.

The Piedmont Workforce Network must provide a corrective action plan for all required actions as indicated in this report.

Findings 1. Local Workforce Development Board (LWDB) A review of the local WDB revealed the following:

Two Chambers of Commerce are categorized as Community Based Organizations (CBO) and included in the workforce representative count, though they do not meet the definition of a CBO as outlined in Training and Employment Guidance Letter (TEGL) 27-14. As a result, the WDB does not have the required membership percentage of workforce representatives. PWDB Response: The VCCS has certified our local board composition in previous years with the Chambers categorized as CBO. If this is an issue, we ask that the VCCS remove this as a finding and provide Technical Assistance to the local area.

Only half of the current WDB members have signed and filed a conflict of interest and statement of economic interest as required. PWDB Response: The Piedmont Region is still in the process of collecting the mentioned documents for PY 2018. The next local board meeting will be held in Dec. 2018. The VCCS should be mindful that the local board meets quarterly, which means there will be a collection process that is ongoing during the year when obtaining all signatures. Our understanding of the references listed below is that it is an annual process. The VCCS reviewed COI statements in March of 2018 for the PY 17 annual monitoring review and found no issues. The Piedmont Region asks for the removal of this issue from the draft report. The region is not out of compliance.

References: 20 CFR §679.320(c)(1-4); TEGL 27-14 Workforce Innovation and Opportunity Act Transition Authority for Immediate Implementation of Governance Provisions; Virginia Board of Workforce Development (VBWD) Policy 200-02 Establishment and Membership of Local Workforce Development Boards Required Actions: The local area must clarify how it determined that the Chambers of Commerce on the WDB meet the definition of CBO. The local area must work with the Chief Elected Officials to ensure that appropriate entities, meeting the definition of CBO and workforce representation on the WDB, meet requirements. The local area must obtain a signed conflict of interest and statement of economic interest forms from the remaining WDB members. Documentation of these actions must be provided to VCCS-WDS for review. 2. Procurement Documentation The local area did not maintain records sufficient to detail the history of procurement of the WIOA Title I Adult, Dislocated Worker, Youth and One-Stop services as required in the Code of Federal Regulations. PWDB Response: No comments Reference: 2 CFR §200.318 (i) Required Action: The local area must provide VCCS-WDS with a written narrative describing how it will ensure that future procurement actions are documented according to requirements.

3. Service Provider Contracts The service provider contracts for Adult, Dislocated Worker, One-Stop and Youth services did not include two provisions as required by federal guidelines. PWDB Response: No comments

The Administrative, Contractual, or Legal remedies in instances where contractors violate or breach contract terms as required in the Code of Federal Regulations is required in all contracts over the $150,000 simplified acquisition threshold.

The provision that the contractor will purchase American made equipment and products in compliance with WIOA Sec. 502 and Secs. 8301-83-03 of the Buy American Act.

References: WIOA Sec. 502 (a) and (b)(1); 20 CFR 683.200 (f); 2 CFR §200.326; Appendix II to Part 200- Contract Provisions for non-Federal Entity Contracts under Federal Awards Required Actions: The Local area must amend the service provider contracts to include the required provisions. Copies of the amended contracts must be provided to VCCS-WDS for review. 4. Monitoring The local area is not in compliance with WIOA, state guidance or local policy with regard to its responsibilities for subrecipient monitoring. The local area did not provide documentation to support that it conducted financial monitoring in Program Year 2017. PWDB Response: The Piedmont Region has conducted ongoing monthly fiscal monitoring for several years. The PWN staff use a fiscal software program called WIBeq created by Chmura Economics & Analytics, LLC. The program allows several levels of approval and the uploading of supporting documentation that allows review of documentation for each expense. The Piedmont Region developed a policy for this process so that staff has an understanding of what documentation is required to be uploaded for review. The WIBeq is the tool used by the Piedmont Region to continuously monitor the reimbursements, which include payroll, expenses, and participant costs of the contracted service provider. The VCCS may have access to this program to review items at any time. The Piedmont Region also has annual inspections performed on all WIOA accounts. The process mentioned is in compliance with 2 CFR 683.410 (a). It is also unclear whether the local area followed-up on corrective actions from the programmatic monitoring of subrecipients conducted in June 2018. PWDB Response: The Piedmont Region asks for the removal of this issue. The local monitoring was performed in June of 2018. The service provider had not been asked to submit a corrective action plan at the time of the PY 18 State monitoring review. The Piedmont Region is not out of compliance. References: 20 CFR § 683.410 (a)(1-4); 2 CFR §200.327; 2 CFR §200.328; 2 CFR §200.331(d)(1-3) Virginia Workforce Letter 11-08; PWN Monitoring Sub-recipients and Contractors Policy #15 Required Actions: The local area must provide VCCS-WDS with a written narrative explaining why fiscal monitoring was not conducted and how it will ensure that future monitoring will include a review of the Administrative, Financial, and Program elements.

5. American Job Center (AJC) Branding The local area does not have the AJC identifier or proud partner tagline on all primary electronic resources used by the One-Stop delivery system, or on any printed, purchased or created materials used by the One-Stop delivery system per WIOA requirements. PWDB Response: The Piedmont Region has been under an RFP to procure a new website host for some time. Recently the Piedmont Region selected a vendor and the contract is now underway; we are currently reviewing a draft of the new product. The Piedmont Region was anticipating the change and did not update the current website. The Piedmont Region has not ordered new materials knowing that items ordered will need to contain the new branding of Virginia Career Works and these items will be ordered by the end of 2018. The Federal regulations state, “the Departments will not object if the one-stop centers continue to use materials not using the “American Job Center” branding which are created before November 17, 2016, until those supplies are exhausted.” It is the Piedmont Region’s full intent to order all new materials, products, signage, etc., as well as all electronic resources, and to have all reflect the Virginia Career Works and American Job Center branding requirements.

References: 2 CFR §678.900; Training and Employment Guidance Letter (TEGL) 16-16 One-Stop Operations Guidance for the American Job Center Network Required Action: The local area must provide the VCCS-WDS with a plan and timeline to ensure that the AJC identifier or “proud partner” tagline is included on all products, programs, activities, electronic resources, facilities, and related property and materials. 6. Required Information in Public Communications The local area has not included funding language that meets federal requirements on statements, press releases, requests for proposal, bid solicitations, and other documents describing projects or programs funded in whole or in part with WIOA Title I funds. PWDB Response: No comments. The Piedmont Region request Technical Assistance. Local areas and service providers receiving WIOA Title I funds must clearly identify on materials:

(a) The percentage of the total costs of the program or project that will be financed with WIOA Title I funds,

(b) The dollar amount of WIOA Title I funds for the project or activity; and (c) The percentage and dollar amount of the total cost of the project or activity that will be financed

by non-federal sources. References: Public Law (P.L.) 115-31, Division H, Title V, Section 505; WIOA Federal Award Terms #12 (j) Appropriations Requirements; WIOA Title I Grant Award Agreement between the VCCS and City of Charlottesville, Section 3, #19

Required Action: The local area must provide the VCCS-WDS with a plan and timeline to ensure that the public communications and outreach materials are updated to include a funding statement that meets the Federal requirement.

Concerns

1. Policy Guidance The local area does not have a policy to cover standards of conduct and conflicts of interest for WDB staff and contractors engaged in the selection, award, and administration of contracts. PWDB Response: No comments

References: 2 CFR §200.318 (c)(1); 20 CFR §112 Required Action: The local area must develop and implement a conflict of interest policy and provide a copy of the policy to VCCS-WDS for review.

Considerations

No considerations were noted during the review.

Next Steps Development of a Corrective Action Plan Upon receipt of this report, the Piedmont Workforce Network must develop a corrective action plan that addresses the findings and concerns with required actions in this report. A corrective action form is provided with this report. The LWDA Executive Director must submit the completed form to the VCCS-WDS for approval within 30 business days, including documentation of any required actions completed within the 30 business days and a timeline for any remaining items. Follow-up Once the plan is approved, the LWDA shall provide quarterly updates on the status of the plan until all of the actions identified are complete. Supporting documentation is required to demonstrate completion of the actions. VCCS-WDS will monitor the implementation of corrective actions and provide technical assistance, as needed or requested by the local areas, to ensure completion. If corrective actions are adequate to resolve the findings, a written notification will be issued to the local areas. If corrective actions are not resolved within the timeframes noted in the corrective action plan, the issues shall be referred to the WIOA Title I Administrator for review and determination of further direction or the imposition of sanctions.

Workforce Innovation and Opportunity Act Annual Administrative Compliance Review Piedmont Workforce Network

Program Year 2018

Prepared by Vicki M. Tanner Issued January 7, 2019

WIOA Annual Administrative Compliance Review – Program Year 2018 2

Purpose of the Review The Workforce Innovation and Opportunity Act of 2014 (WIOA) mandates the monitoring of recipients and sub-recipients of all grants awarded and funds expended under WIOA Title I to determine compliance with WIOA, the Uniform Administrative Requirements at 2 CFR Part 200, and other applicable Federal laws and regulations. The Workforce Development Services team of the Virginia Community College System (VCCS-WDS), as the WIOA Title I administrative entity, conducts the required annual compliance monitoring of Virginia’s 15 local workforce development areas (LWDAs). In order to enhance ongoing communication, support, and compliance in Program Year 2018, the VCCS-WDS is conducting monitoring throughout the program year. A desk review of the administrative components was completed in Fall 2018 and the remaining elements, including fiscal, programmatic, and Equal Opportunity, will be completed via on-site and desk review in Spring 2019. NOTE: VCCS-WDS Grants Administration staff are reviewing One-Stop Partner Memorandums of Understanding and Infrastructure Funding Agreements for compliance and will communicate their concerns or findings separately.

Report Contents This report contains the results of the administrative review for Piedmont Workforce Network for Program Year 2018. The report may include commendations, findings, concerns, and considerations. If the review team identified a finding or concern, a detailed description and the required or recommended actions are provided. The following describes the difference between findings, concerns, and considerations.

• Finding: Findings indicate that the area is out of compliance with current federal laws/regulations or state and local policies. Each finding has a required action to ensure compliance. The local area must provide a corrective action plan for all findings.

• Concern: Concerns identify potential risk to the local area and may result in a future finding if the issue is not addressed. Although this does not indicate that the local area is out of compliance, recommended or required corrective actions are provided to improve services to the local area.

• Consideration: Considerations address an area identified that may benefit the local area or enhance monitoring of the local area.

The Piedmont Workforce Network must provide a corrective action plan for all required actions as indicated in this report.


Findings 1. Procurement Documentation The local area did not maintain records sufficient to detail the history of procurement of the WIOA Title I Adult, Dislocated Worker, Youth and One-Stop services as required in the Code of Federal Regulations. Reference: 2 CFR §200.318 (i) Required Action: The local area must provide VCCS-WDS with a written narrative describing how it will ensure that future procurement actions are documented according to requirements. 2. Service Provider Contracts The service provider contracts for Adult, Dislocated Worker, One-Stop and Youth services did not include two provisions as required by federal guidelines.

• The Administrative, Contractual, or Legal remedies in instances where contractors violate or breach contract terms as required in the Code of Federal Regulations is required in all contracts over the $150,000 simplified acquisition threshold.

• The provision that the contractor will purchase American made equipment and products in compliance with WIOA Sec. 502 and Secs. 8301-83-03 of the Buy American Act.

References: WIOA Sec. 502 (a) and (b)(1); 20 CFR 683.200 (f); 2 CFR §200.326; Appendix II to Part 200- Contract Provisions for non-Federal Entity Contracts under Federal Awards Required Actions: The Local area must amend the service provider contracts to include the required provisions. Copies of the amended contracts must be provided to VCCS-WDS for review. 3. Monitoring A comprehensive programmatic monitoring report issued to the local area June 29, 2018, included findings requiring corrective action. At the time of the Administrative monitoring, the local area had not requested the service provider to submit a corrective action plan. WIOA regulations and state guidance require resolution of findings that arise from monitoring reviews, investigations, and audits.

References: 20 CFR § 683.410 (a)(1-4); 20 CFR §683.420; Virginia Workforce Letter 11-08; PWN Monitoring Sub-recipients and Contractors Policy #15 Required Actions: The local area must provide a timeline for the completion of corrective actions related to the PY17 local area monitoring report issued in June 2018. A copy of the corrective action plan and completed corrective actions must be provided to the VCCS-WDS for review. 4. Required Information in Public Communications The local area has not included funding language that meets federal requirements on statements, press releases, requests for proposal, bid solicitations, and other documents describing projects or programs funded in whole or in part with WIOA Title I funds. Local areas and service providers receiving WIOA Title I funds must clearly identify on materials:

(a) The percentage of the total costs of the program or project that will be financed with WIOA Title


I funds, (b) The dollar amount of WIOA Title I funds for the project or activity; and (c) The percentage and dollar amount of the total cost of the project or activity that will be financed

by non-federal sources. References: Public Law (P.L.) 115-31, Division H, Title V, Section 505; WIOA Federal Award Terms #12 (j) Appropriations Requirements; WIOA Title I Grant Award Agreement between the VCCS and City of Charlottesville, Section 3, #19

Required Action: The local area must provide the VCCS-WDS with a plan and timeline to ensure that the public communications and outreach materials are updated to include a funding statement that meets the Federal requirement.

Concerns

5. Local Workforce Development Board (LWDB) A review of the local WDB revealed two Chambers of Commerce were categorized as Community-Based Organizations (CBO) and included in the workforce representative count, though they do not meet the definition of a CBO as outlined in Federal and state guidelines. References: 20 CFR §679.320(c)(1-4); TEGL 27-14 Workforce Innovation and Opportunity Act Transition Authority for Immediate Implementation of Governance Provisions; Virginia Board of Workforce Development (VBWD) Policy 200-02 Establishment and Membership of Local Workforce Development Boards Recommendation: The local area staff and Chief Elected Officials should review WIOA guidelines and definitions to ensure an understanding of appropriate entities who meet the definition of CBO and workforce representation on the WDB. It is noted that the local area has requested technical assistance on this matter, and the request has been forwarded to the VCCS-WDS WIOA Programs Team. 6. Policy Guidance The local area does not have a policy to cover standards of conduct and conflicts of interest for WDB staff and contractors engaged in the selection, award, and administration of contracts.

References: 2 CFR §200.318 (c)(1); 20 CFR §112 Required Action: The local area must develop and implement a conflict of interest policy and provide a copy of the policy to VCCS-WDS for review.

Considerations

No considerations were noted during the review.


Next Steps Development of a Corrective Action Plan Upon receipt of this report, the Piedmont Workforce Network must develop a corrective action plan that addresses the findings and concerns with required actions in this report. A corrective action form is provided with this report. The LWDA Executive Director must submit the completed form to the VCCS-WDS for approval within 30 business days, including documentation of any required actions completed within the 30 business days and a timeline for any remaining items. Follow-up Once the plan is approved, the LWDA shall provide quarterly updates on the status of the plan until all of the actions identified are complete. Supporting documentation is required to demonstrate completion of the actions. VCCS-WDS will monitor the implementation of corrective actions and provide technical assistance, as needed or requested by the local areas, to ensure completion. If corrective actions are adequate to resolve the findings, a written notification will be issued to the local areas. If corrective actions are not resolved within the timeframes noted in the corrective action plan, the issues shall be referred to the WIOA Title I Administrator for review and determination of further direction or the imposition of sanctions.

Virginia Career Works Piedmont RegionStatement of Functional Expenses

July through October 2018

33% of the year Page 1 of 6

PD-10 Adult & DLW Program PD-9 Adult & DLW Program

Jul - Oct 18 Budget % of Budget Jul - Oct 18 Budget % of Budget

Ordinary Income/Expense

Income

41000 · Local Government Revenues 0.00 0.00

42000 · State Revenues 63,328.51 313,493.29 20.2% 51,971.51 208,995.52 24.87%

45000 · Reimbursements & Fees 0.00 0.00

Total Income 63,328.51 313,493.29 20.2% 51,971.51 208,995.52 24.87%

Gross Profit 63,328.51 313,493.29 20.2% 51,971.51 208,995.52 24.87%

Expense

01100 · Personnel Services 32,589.57 141,059.84 23.1% 30,307.72 109,518.86 27.67%

01200 · Contractual Services 5,509.20 14,538.95 37.89% 1,701.24 6,310.02 26.96%

01300 · Supplies and Materials 26.05 2,000.00 1.3% 79.69 1,952.10 4.08%

01400 · Direct Services to Clients 22,279.27 148,380.24 15.02% 18,903.08 87,739.61 21.55%

01500 · Continuous Charges 2,924.42 7,514.26 38.92% 979.78 3,474.93 28.2%

Total Expense 63,328.51 313,493.29 20.2% 51,971.51 208,995.52 24.87%

Net Ordinary Income 0.00 0.00 0.0% 0.00 0.00 0.0%Net Income 0.00 0.00 0.0% 0.00 0.00 0.0%





Income

41000 · Local Government Revenues

42000 · State Revenues45000 · Reimbursements & Fees

Total Income

Gross Profit

Expense

01100 · Personnel Services

01200 · Contractual Services

01300 · Supplies and Materials

01400 · Direct Services to Clients01500 · Continuous Charges

Total Expense

Net Ordinary IncomeNet Income

Total PD-10 Youth Program Total PD-9 Youth Program


0.00 0.00

55,531.70 187,659.01 29.59% 56,237.62 120,038.02 46.85%

0.00 0.00

55,531.70 187,659.01 29.59% 56,237.62 120,038.02 46.85%

55,531.70 187,659.01 29.59% 56,237.62 120,038.02 46.85%

30,617.87 96,399.76 31.76% 32,265.71 76,098.91 42.4%

2,587.02 9,317.82 27.76% 1,625.72 5,610.20 28.98%

10.99 949.21 1.16% 56.56 839.18 6.74%

19,693.78 70,150.00 28.07% 21,703.13 36,222.61 59.92%

2,622.04 10,842.22 24.18% 586.50 1,267.12 46.29%

55,531.70 187,659.01 29.59% 56,237.62 120,038.02 46.85%

0.00 0.00 0.0% 0.00 0.00 0.0%0.00 0.00 0.0% 0.00 0.00 0.0%





Income



Total Income

Gross Profit

Expense





Total Expense


WIF Grant/VFSN PWDB Administration


0.00 2,135.63 29,000.00 7.36%

34,902.45 380,900.00 9.16% 67,328.86 209,662.00 32.11%

0.00 0.00

34,902.45 380,900.00 9.16% 69,464.49 238,662.00 29.11%

34,902.45 380,900.00 9.16% 69,464.49 238,662.00 29.11%

26,125.93 124,548.06 20.98% 51,572.82 163,545.71 31.53%

1,184.92 18,219.67 6.5% 11,570.03 58,157.94 19.89%

82.07 1,957.98 4.19% 0.00 897.58 0.0%

5,190.69 223,631.49 2.32% 0.00

2,318.84 12,542.80 18.49% 6,321.64 16,060.77 39.36%

34,902.45 380,900.00 9.16% 69,464.49 238,662.00 29.11%

0.00 0.00 0.0% 0.00 0.00 0.0%0.00 0.00 0.0% 0.00 0.00 0.0%





Income



Total Income

Gross Profit

Expense





Total Expense


Orange Satellite Facilities Pass-Through


73.62 0.00

0.00 0.00

0.00 30,715.30

73.62 30,715.30

73.62 30,715.30

0.00 0.00

73.62 1,196.30

0.00 0.00

0.00 0.00

0.00 29,519.00

73.62 30,715.30

0.00 0.000.00 0.00





Income



Total Income

Gross Profit

Expense





Total Expense


TOTAL

Jul - Oct 18 Budget % of Budget

2,209.25 29,000.00 7.62%

329,300.65 1,420,747.84 23.18%

30,715.30 0.00 100.0%

362,225.20 1,449,747.84 24.99%

362,225.20 1,449,747.84 24.99%

203,479.62 711,171.14 28.61%

25,448.05 112,154.60 22.69%

255.36 8,596.05 2.97%

87,769.95 566,123.95 15.5%

45,272.22 51,702.10 87.56%

362,225.20 1,449,747.84 24.99%

0.00 0.00 0.0%0.00 0.00 0.0%

Virginia Career Works - Piedmont Region Statement of Financial Postion

As of October 31, 2018

Page 6 of 6

Oct 31, 18

ASSETS

Current Assets

Checking/Savings

10002 · PWN-VNB 152,236.51

10009 · Federal Funds 10,188.44

Total Checking/Savings 162,424.95

Accounts Receivable

13011 · VITA Receivable 1,996.17

13012 · Rent Receivable -4,299.33

13015 · Grants Receivable 331,048.44

13017 · Due from Partnership 7,296.50

13018 · Locality Funding Receivable 4,464.25

Total Accounts Receivable 340,506.03

Other Current Assets

12200 · Prepaid Expenses 7,379.75

13025 · Accrued Grant Rev Receivable 4,389.98

12000 · Undeposited Funds 2,144.82

Total Other Current Assets 13,914.55

Total Current Assets 516,845.53TOTAL ASSETS 516,845.53

LIABILITIES & EQUITY

Liabilities

Current Liabilities

Accounts Payable

20000 · Accounts Payable 261,056.18

20007 · Due to Central VA Partnership 73,461.14

Total Accounts Payable 334,517.32

Other Current Liabilities

25050 · Accrued Expenses 5,263.16

28000 · Unearned Revenue - PD10 93,854.57

28100 · Unearned Rev - PD9 83,219.72

Total Other Current Liabilities 182,337.45

Total Current Liabilities 516,854.77

Total Liabilities 516,854.77

Equity32000 · Unrestricted Net Assets -9.24

Total Equity -9.24TOTAL LIABILITIES & EQUITY 516,845.53

Fiscal Year 2019 Operating Budget (July 1, 2018 to June 30, 2019) As of January 16, 2018

Actions:

• The PWDB approves the budget modifications (highlighted below) as presented. • The PWDB approves a transfer of $60,000 from Dislocated Worker funds to Adult funds to

serve additional Adult participants in FY2019. The budget as presented accounts for this transfer.

PD-10 Adult and Dislocated Worker Programs for July 2018 – June 2019

Funding Source Beginning FY2019 Budget Budget Modification Requested

Ending Budget with Modification

Adult $214,306 $0 $214,306 Dislocated Worker $99,187 $0 $99,187

Total $313,493 $0 $313,493 PD-9 Adult and Dislocated Worker Programs for July 2018 – June 2019




Total $208,996 $0 $208,996 PD-10 Youth Program for July 2018 – June 2019



Youth $187,659 $0 $187,659 Total $187,659 $0 $187,659

PD-9 Youth Program for July 2018 – June 2019



Youth $120,038 $0 $120,038 Total $120,038 $0 $120,038

Workforce Innovation Fund for July 2018 – June 2019



WIF-WFSN Grant $380,900 $0 $380,900 Total $380,900 $0 $380,900

Piedmont Workforce Network Administration for Full Year (July 2018 – June 2019)




Youth $36,100 $0 $36,100 Administration Allocation $89,762 $20,254 $110,016

Locality Funding* $30,000 $0 $30,000 Re-Branding $25,000 $0 $25,000

Total $238,452 $20,254 $258,706 Requesting an additional $20,254 in Administration Allocation. This represents the amount carried forward for FY2018 into FY2019. Included in this request is the replacement of 1 laptop and additional personnel.

Business Services and Incumbent Worker Training Program – Full Year (July 2018 – June 2019)



Dislocated Worker $0 $0 $0 Incumbent Worker Training

Grant* $0 $0 $0

Total $0 $0 $0 *Incumbent Worker Training Grant ended 6/30/2018 Business Services continue as part of One Stop Operations. We will not be allocating specific funds for Incumbent Worker Training in FY2019 unless specifically requested due to the budget shortfall.

Title: Equal Opportunity (EO) and Nondiscrimination Policy

Policy #: 8

Effective Date: August 20, 2015 Revision Date: June 14, 2018

Purpose:

The Workforce Innovation and Opportunity Act (WIOA) focuses on increasing access to, and opportunities for individuals in employment, education, training and support services to allow them to succeed in the labor market with a particular focus on those with disabilities or other barriers to employment. The purpose of the Equal Opportunity and Nondiscrimination Policy is to ensure compliance of the Virginia Career Works (VCW) – Piedmont Region with the WIOA sec. 188 requirements.

Policy:

The VCW-Piedmont Region shall ensure nondiscrimination and equal opportunity in admission or access

to, opportunity or treatment in, or employment in, the administration of or in connection with any

program or activity funded in whole or in part with WIOA funds. Any person who believes he or she has

been subjected to discrimination on the basis of race, color, religion, sex (including pregnancy,

childbirth, and related medical conditions, sex stereotyping, transgender status, and gender identity),

national origin (including limited English proficiency), age, disability, or political affiliation or belief, or,

against any beneficiary of, applicant to, or participant in programs financially assisted under Title I of the

Workforce Innovation and Opportunity Act, on the basis of the individual's citizenship status or

participation in any WIOA Title I-financially assisted program or activity, has the right to file a complaint

within 180 days of the alleged discrimination. The person has the right to file a complaint at the local

level with Helen Cauthen, Equal Opportunity Officer, Piedmont Workforce Development Board, 1001

Research Park Boulevard, Suite 301, Charlottesville, Virginia, 22911, or directly with the Director, Civil

Rights Center, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N-4123, Washington,

D.C. 20210. If the complainant elects to file a complaint with the PWDB, the PWDB shall have 90 days to

process a complaint and issue a decision. If the PWDB does not provide a written decision within 90

days of the filing of the complaint, the complainant need not wait for a decision to be issued, but may

file a complaint with the Civil Rights Center (hereafter referred to as the “CRC”) within 30 days of the

expiration of the 90-day period. If a complainant is not satisfied with the PWDB’s resolution, the

complainant may file a complaint with the CRC. Such complaint must be filed within 30 days of the date

the complainant received the Notice of Final Action from the PWDB.

The PWDB has designated Helen Cauthen, Executive Director, as its Equal Opportunity Officer

(hereafter referred to as the “EO Officer”), who will be responsible for adopting and publishing

complaint procedures, and ensuring that they are followed. To communicate the discrimination

complaint policy, “Equal Opportunity Is the Law” posters in English and Spanish shall be placed in

prominent locations which are accessible to applicants for employment, applicants for program services

and/or funding, participants, employees, terminated individuals, and other interested parties. The

poster contains a nondiscrimination and equal opportunity statement, as well as information about

filing a complaint.

The VCW-Piedmont Region’s One Stop Centers, Program Operators, Service Providers, and Training

Providers shall include in orientations to employees and/or participants a discussion of their rights

under the nondiscrimination and equal opportunity provisions of the WIOA and the right to file a

complaint of discrimination with either the local workforce development board or the CRC.

Communication of policy shall be documented on a notification instrument for employees and

applicants/participants, and shall be retained in individuals’ files.

Intimidation and Retaliation Prohibited

Consistent with 29 C.F.R. § 37.11, intimidation and retaliation against individuals for having filed a complaint; opposing a prohibited practice; furnishing information; assisting or participating in any manner in an investigation, review, hearing or any other activity relate to administration of, exercise of authority under, or privilege secured by, the nondiscrimination and equal opportunity provisions, of the WIOA is prohibited. In accordance with 29 C.F.R. § 37.11, complaints may be filed alleging intimidation and retaliation.

Procedures

Filing a Discrimination Complaint at the Local Level

A complaint of discrimination may be filed with the PWDB EO Officer or the State WIOA EO Officer. A

complaint must be filed within 180 days of the alleged discrimination. The complaint may be filed by the

individual or on behalf of the individual by an authorized representative. A complaint must be filed in

writing and signed by the complainant or by his or her authorized representative.

The complaint must be filed in writing and must contain the following information:

The complainant’s name and address (or another means of contacting the complainant);

The identity of the respondent (the individual or entity that the complainant alleges is responsible for the discrimination);

A description of the complainant’s allegations, which must include enough detail to allow the recipient to decide whether:

o The PWDB or the CRC, as applicable, has jurisdiction over the complaint; o The complaint was filed in time; and o The complaint has apparent merit—whether the complainant’s allegations, if true,

would violate any of the nondiscrimination and equal opportunity provisions of the WIOA or 29 C.F.R. Part 37; and

o The complainant’s signature or the signature of the complainant’s authorized representative.

The PWDB EO Officer is responsible for ensuring publication of the name, title, address, telephone

number, and TDD number of the EO Officers or other individuals responsible for receiving complaints.

Timeframes

Generally, a complaint must be filed within 180 days of the alleged discrimination. However, for good

cause shown, the Director of the CRC may extend the filing time. The time period for filing is for the

administrative convenience of the CRC, and does not create a defense for the respondent.

The PWDB EO Officer shall notify complainants, in writing, of the specific time frames for

processing a complaint of discrimination, as follows:

If the complainant elects to file with the PWDB, the PWDB shall have 90 days to process the complaint and provide a determination. Virginia’s discrimination complaint process includes 60 days for the PWDB to investigate and 30 days for a review at the State level, if warranted.

If the complainant elects to file with both the CRC and the PWDB, the complainant shall be informed that the PWDB has 90 days to process the complaint and that the CRC shall not investigate the complaint until the 90-day period has expired.

If by the end of 90 days from the date on which the complaint was filed, the PWDB fails to issue a Notice of Final Action, the complainant may file a complaint with the Director of the CRC within 30 days of the expiration of the 90-day period.

If, during the 90-day period, the PWDB issues it’s Notice of Final Action, but the complainant is dissatisfied with the PWDB’s decision on the complaint, the complainant or his/her representative may file a complaint with the Director of the CRC within 30 days after the date on which the complainant receives the Notice of Final Action.

If the PWDB determines that it does not have jurisdiction over the complaint, the PWDB EO Officer shall notify the complainant, in writing, immediately. This Notice of Lack of Jurisdiction must include:

o A statement of the reasons for the PWDB’s determination that it does not have jurisdiction; and

o Notice that the complainant has a right to file a complaint with the CRC within 30 days of the date on which the complainant receives the Notice of Lack of Jurisdiction.

Processing a Discrimination Complaint

It is the responsibility of PWDB’s EO Officer to determine which Workforce entity has jurisdiction over

the complaint. Upon determining that a Workforce partner has jurisdiction, the complaint shall be

recorded in the complaint log (see “Record keeping” below) and referred to the appropriate Workforce

partner for resolution in accordance with that partner’s complaint processing procedures. Where the

PWDB EO Officer has jurisdiction for a complaint, he or she shall notify complainants, in writing, of the

specific time frames for the processing of a discrimination complaint.

If the complainant elects to file with the PWDB, the PWDB shall have 90 days to process the complaint

and provide a determination.

Alternate Dispute Resolution

During the 90-day period, complainants may elect to participate in mediation. The choice whether to

use mediation or the customary investigation process rests with the complainant.

Requests for mediation shall be referred to the PWDB’s EO Officer. If the complainant elects mediation

and there is no resolution, the complaint will be referred for investigation or the complainant may file a

complaint with the Director of the CRC.

A party to any agreement reached under mediation may file a complaint with the Director of the CRC in

the event that the agreement is breached. In such circumstances, the following rules will apply:

The non-breaching party may file a complaint with the Director of the CRC within 30 days of the date on which the non-breaching party learns of the alleged breach;

The Director of the CRC must evaluate the circumstances to determine whether the agreement has been breached. If he or she determines that the agreement has been breached, the complainant may file a complaint with the CRC based upon his/her original allegation(s), and the Director of the CRC will waive the time deadline for filing such a complaint.

Investigation Procedures

If mediation is not elected, the complaint shall be investigated in accordance with the PWDB’s

complaint-processing procedures. Such complaint procedures shall include the following elements:

Initial, written notice to the complainant, and a notice that the complainant has the right to be represented by an attorney in the complaint process;

A written statement provided to the complainant that contains a list of the issues raised in the complaint and, for each issue, a statement whether the PWDB will accept or reject the issue, and the reasons for each rejection;

A period for fact-finding or investigation of the issues; A 15-day period during which the PWDB will attempt to resolve the complaint through

mediation; and

A written Notice of Final Action containing the PWDB’s determination, provided to the complainant within 90 days of the date on which the complaint was filed.

Discrimination Complaint Investigation Procedure

Within 90 days of the date a discrimination complaint is filed, an investigation shall be conducted by the

PWDB’s EO Officer or by a designee under the direction of the EO Officer, consistent with the

Discrimination Complaint Investigation procedure. This procedure shall be used for any discrimination

complaint for which a written and signed complaint has been received. All activities and records related

to an investigation shall ensure the confidentiality of the complaint and any resulting actions. The

investigation must be managed in a manner that does not have an adverse effect on the complainant or

any other party related to the complaint.

Responding to a Discrimination Complaint

The PWDB’s EO Officer shall sign the investigation, including the determination and recommendation.

The PWDB shall provide a written determination (Notice of Final Action) of the complaint and offer

resolution within 90 days of the date the complaint was filed. For each issue filed, the Notice of Final

Action will include:

The PWDB’s decision on the issue and an explanation of the reasons underlying the decision,

a description of the way the parties resolved the issue, and

a notice that the complainant has the right to file a complaint with the Director of the CRC within 30 days of the Notice of Final Action if he or she is dissatisfied with the PWDB’s final action on the complaint.

Determinations

The PWDB’s EO Officer shall determine at the conclusion of the investigation of a complaint

whether there is reasonable cause to believe that a violation occurred.

If an investigation results in a “reasonable cause” finding, the PWDB’s EO Officer shall submit the signed

investigative report, including the determination and recommendation, to the State EO Officer for review

within 60 days of the filing date. Based on review of the determination, the State EO Officer will

determine if further review by the Attorney General’s Office and the Virginia Community College System

(hereafter referred to as the “VCCS”) Vice Chancellor of Workforce Development Services, or his

designee, is warranted. If the VCCS concurs with the determination, the PWDB’s EO Officer shall

issue a written determination. The determination shall notify the complainant of the specific findings,

the proposed remedial or corrective action, and the time in which corrective action must be

completed.

If an investigation results in a “no cause” finding, the complainant shall be notified in writing. Such a

determination represents the final action of the PWDB’s EO Officer. The PWDB’s EO Officer shall

notify the complainant of his or her right to file a complaint (not an appeal) with the CRC if he or she

believes the PWDB’s resolution is unsatisfactory. The complainant shall be informed that this right

must be exercised within 30 days.

Corrective Action

If discrimination is found through the process of a complaint investigation, the respondent shall be

requested to voluntarily comply with corrective action(s) or conciliation agreement to correct the

discriminatory actions or conditions. Actions to correct discrimination deficiencies may include any

of the following:

back pay, or other monetary relief (Federal funds shall not be used to provide monetary relief);

hire or reinstatement;

promotion;

benefits or other services denied; and

any other remedial or affirmative relief such as outreach, recruitment, and training to ensure equal opportunity.

Record Keeping Requirements

The PWDB shall maintain an automated or manual log of discrimination complaints, which shall

include:

the name and address of the complainant;

the basis of the complaint (i.e., race, sex, age, etc.),

a description of the complaint;

the date the complaint was filed;

the disposition and date of disposition of the complaint; and

other pertinent information.

Records pertaining to discrimination complaints, investigations, or any other such actions shall be

retained for a minimum of three (3) years from the date of resolution. Information pertaining to the

identity of any persons providing information related to, or assisting in, an investigation or a

compliance review shall be maintained in a confidential manner to the extent possible. In the event

that it is necessary that a person’s identity be disclosed, the person(s) shall be protected from

retaliation.

Page 1 of 2

VIRGINIA CAREER WORKS – PIEDMONT REGION

EQUAL OPPORTUNITY (EO)/ CIVIL RIGHTS NOTIFICATION

Equal Opportunity is the Law.

It is against the law for this Workforce Innovation and Opportunity Act (WIOA) Service Provider to discriminate on the following basis:

Against any individual in the United States, on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, sex stereotyping, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, political affiliation or belief; or

Against any beneficiary of, applicant to, or participant in programs financially assisted under Title I of the Workforce Innovation and Opportunity Act of 2014 (WIOA), on the basis of the individual’s citizenship status as a lawfully admitted immigrant authorized to work in the United States, or his or her participation in any WIOA Title I, financially assisted program or activity.

The WIOA Service Provider must not discriminate in any of the following areas:

Deciding who will be admitted, or have access, to any WIOA Title I, financially assisted program or activity;

Providing opportunities in, or treating any person with regard to, such a program or activity; or

Making employment decisions in the administration of, or in connection with, such a program or activity.

What to Do if you Believe You Have Experienced Discrimination by the WIOA Service Provider:

If you think that you have been subjected to discrimination under a WIOA Title I-financially assisted program or activity, you may file a complaint within 180 days from the date of the alleged violation with either:

o The Local Workforce Development Board’s (LWDB) Equal Opportunity (EO) Officer: Helen Cauthen, Executive Director, Piedmont Workforce Development Board, UVA Research Park, 1001 Research Park Blvd., Suite 301, Charlottesville, VA 22911, 434-979-5610; or

o The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-4123, Washington, DC 20210.

If you file your complaint with the LWDB EO Officer, you must wait until either the LWDB EO Officer issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address above). If the LWDB EO Officer does not give you a written Notice of Final Action within 90 days of the day on which you filed your complaint, you do not have to wait for the LWDB EO Officer to issue that Notice before filing a complaint with CRC. However, you must file your CRC complaint within 30 days of the 90-day deadline (in other words, within 120 days after the day on which you filed your complaint with the recipient).

Page 2 of 2

If the LWDB EO Officer does give you a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC complaint within 30 days of the date on which you received the Notice of Final Action.

FOR MORE INFORMATION OR TO FILE A COMPLAINT, CONTACT

Helen Cauthen, Executive Director, WIOA Equal Opportunity Officer Piedmont Workforce Development Board, UVA Research Park, 1001 Research Park Blvd., Suite 301, Charlottesville, VA 22911, 434-979-5610 ext. 104

I, THE APPLICANT/PARTICIPANT, AGREE THAT I HAVE READ THE ABOVE STATEMENT AND UNDERSTAND IT.

Signature of Applicant/Participant Date

Updated 9/24/2018

VIRGINIA CAREER WORKS (VCW)-PIEDMONT REGION GRIEVANCE AND COMPLAINT PROCEDURES

The grievance and complaint procedures for the VCW-Piedmont Region apply to alleged violations of the requirements of the Workforce Innovation and Opportunity Act (WIOA). These grievances or complaints may be submitted by participants and other interested parties affected by the VCW-Piedmont Region, including one-stop partners and service providers.

Filing a Grievance or Complaint All grievances or complaints must be submitted in writing to the Piedmont Workforce Development Board (PWDB) Executive Director at the following address:

PWDB Executive Director, Helen Cauthen C/o Central Virginia Partnership for Economic Development 1001 Research Park Blvd. #301 Charlottesville, VA 22911

OR

Grievances or complaints may be submitted directly by contacting the U.S. Equal Employment Opportunity Commission at the following address:

Director, Civil Rights Center U.S. Department of Labor 200 Constitution Avenue, N.W. Room N-4123 Washington, D.C. 20210 (202) 219-8927

Examples of who may file a grievance or complaint include the following:

1. Applicants and/or registrants for aid, benefits, services or training 2. Eligible applicants/registrants 3. Participants 4. Employers 5. Applicants for employment under WIOA 6. Service providers 7. Eligible training providers

Each grievance or complaint must be filed, in writing, within thirty (30) calendar days of the alleged situation and must

Updated 9/24/2018

contain the following information: 1. The name, address, email and telephone number of the person filing the grievance or complaint; 2. The date of the alleged situation and the date the grievance or complaint was filed; 3. The identity of the respondent (i.e. the individual or entity against whom the grievance or complaint is

alleged); 4. A description of the allegation(s). This description must include enough detail to allow the reviewer to

decide whether the allegation(s), if true, would violate any of the provisions of WIOA; and 5. The signature of the person filing the grievance or complaint.

Methods of Resolution/Disposition of Complaints The reviewer will provide, within ten (10) business days of receipt, written notice to the grievant or complainant that the grievance or complaint has been received. Such notice will include:

1. A summary of the allegation(s) submitted; 2. A notice that the Executive Director may arrange for an informal resolution to the complaint prior to the

official meeting or hearing; 3. A proposed date, time, and place of the meeting, or hearing with the reviewer. 4. A notice that the grievant or complainant may be represented by an attorney; and 5. A notice that the grievant or complainant may present witnesses and documentary evidence.

The Commonwealth of Virginia’s discrimination complaint process includes 60-days for the PWDB Executive Director to investigate and 30-days for a review at the State level if warranted. If the complainant files with both the PWDB Executive Director and the DOL Civil Rights Center (CRC), the complainant shall be informed that the PWDB Executive Director has 90-days to process the complaint and that CRC shall not investigate until the 90-day period has expired.

Notice of Final Action Once the investigation is complete and a decision has been reached, a Notice of Final Action must be sent to the grievant or complainant. If an informal resolution was provided, the Notice of Final Action must summarize the resolution agreed upon. If no informal resolution was provided, the Notice of Final Action must contain the following information:

1. The reviewer’s decision and the reasons supporting the decision; 2. A brief description of the investigation process implored to reach the decision; 3. A notice that, if no decision is reached within 60-days or if dissatisfied with the decision, the grievant or

complainant may appeal to the Commonwealth of Virginia within 10 business days of receipt of the Notice of Final Action; and

4. A notice that the grievant or complainant may seek a remedy authorized under another Federal, State or local law.

A complaint may be filed with the CRC within 30-days of receiving the Notice of Final Action.

Record Keeping Requirements Records regarding grievances and complaints must be maintained for at least three (3) years from the date of resolution of the grievance or complaint. All records must include the following:

1. The name and address of the grievant or complainant; 2. A description of the grievance or complaint; 3. The date the grievance or complaint was filed; 4. The disposition (final action); 5. The date of disposition of the grievance or complaint; and 6. Any other pertinent information.

To the maximum extent possible, the identity of any person who has furnished information relating to, or assisting in, an

Updated 9/24/2018

investigation of a possible violation of the WIOA shall be kept confidential. The information may only be used for purposes of:

1. Record keeping and reporting; 2. Determining the extent to which an entity is operating its WIOA funded programs or activities in a

nondiscriminatory manner; or 3. Other use authorized by the nondiscrimination and equal opportunity provisions of WIOA.

I, THE APPLICANT/PARTICIPANT, AGREE THAT I HAVE READ THE ABOVE STATEMENT AND UNDERSTAND IT.

Signature of Applicant/Participant Date

BYLAWS

Adopted: July 1, 2015

Amended: October 27, 2016

ARTICLE/SECTION PAGE

ARTICLE I – NAME, MISSION AND AUTHORITY 3

ARTICLE II – SERVICE AREA 3

ARTICLE III – MEMBERSHIP 3

Section 1 – Appointment of Members

Section 2 – Composition

Section 3 – Term of Office

Section 4 – Removal and/or Resignation

Section 5 – Compensation

ARTICLE IV – VOTING RIGHTS 3

Section 1 – Voting

Section 2 – Majority

Section 3 – Quorum

Section 4 – Voting Prohibitions

ARTICLE V – OFFICERS 4

Section 1 – Officers

Section 2 – Election Term

Section 3 – Removal of Officers

Section 4 – Duties of the Chair

Section 5 – Duties of the Vice-Chair

Section 6 – Duties of Board Staff

ARTICLE VI – COMMITTEES 5

Section 1 – Creation of Committees

Section 2 – Standing Committees

Section 3 – Executive Committee

Section 4 – Finance Committee

Section 5 – Marketing and Business Outreach Committee

Section 6 – WIOA Committee

Section 7 – Program Planning & Service Delivery Committee

ARTICLE VII – MEETINGS 5

Section 1 – Regular Meetings

Section 2 – Special Meetings

Section 3 – Notice of Meetings

Section 4 – Meetings Open to the Public

Section 5 – Executive Session

Section 5 – Compliance with Sunshine Laws

ARTICLE VIII – CONFLICT OF INTEREST AND CONFIDENTIALITY 6

ARTICLE VIV – MISCELLANEOUS PROVISIONS 7

Section 1 – Seal

Section 2 – Program Year

Section 3 - Amendments

ARTICLE I

NAME, MISSION AND AUTHORITY

These bylaws are established by the Virginia Career Works – Piedmont Region (VCW – Piedmont) Board,

hereinafter referred to in these bylaws as the Board. The mission of the Board is to be a proactive

partner with employers and economic development leaders in order to provide a qualified workforce

that meets current and future job demand. The Board and its authority to operate shall conform to the

provisions of Public Law 113-128, Workforce Innovation and Opportunity Act (WIOA) of 2014, and to all

federal and state guidelines for the Act. It shall also conform to any grant requirements for any other

funding source. The Board is authorized to hire and/or contract with persons to provide administrative

and/or technical support.

ARTICLE II

SERVICE AREA

The Board shall serve Local Workforce Development Area 6 (LWDA 6) as defined in the Virginia Career

Works – Piedmont Region’s Chief Local Elected Officials Agreement.

ARTICLE III

MEMBERSHIP

Section 1 – Appointment of Members

The Consortium of Chief Local Elected Officials for LWDA6, also known as the Virginia Career Works –

Piedmont Region Council, hereinafter referred to as the “Council”, shall appoint the Board in accordance

with WIOA law and Virginia Board of Workforce Development Policy 200-02. A vacancy may occur by

removal or by resignation. The Council must fill vacancies within 90 days. Appointments to fill vacancies

shall be carried out in the same manner as an original appointment.

Section 2 – Composition

The Board composition shall be in accordance with WIOA, Section 107, Virginia Board of Workforce

Development Policy 200-02 and will be detailed in the VCW – Piedmont Policy titled “Workforce

Development Board Composition”.

Section 3 – Term of Office

All VCW – Piedmont Board members will have three (3) year terms, with the exception of Economic

Development and Community Based Organization representatives, which will have one (1) year terms.

Section 4 – Removal and/or Resignation

Any Board Member may be removed after missing more than three consecutive meetings or for a

violation of the conflict of interest provision set forth in these Bylaws. Removal would occur after

contact with the Board Member and notification in writing by the Council. Removal of Board Members is

the responsibility of the Council. Members desiring to resign should remain on the Board until a

replacement has been appointed.

Section 5 – Compensation

No Board or Council Member shall receive compensation for services provided in that capacity.

ARTICLE IV

VOTING RIGHTS

Section 1 – Voting

Each Member of the Board shall have one equal vote in all matters before the Board. Robert’s Rules of

Order shall guide the Board in all proceedings, except as otherwise provided for in these Bylaws.

Section 2 – Majority

Unless indicated otherwise in these bylaws, all actions of the Board shall be approved by a simple

majority vote of the member present and voting.


A quorum for a meeting, as required under §2.2-2472(J) of the Code of Virginia, shall consist of a

majority of both the private sector and public sector members.

Section 4 – Voting Prohibitions

A member of the Board who has a personal interest in a proposal or contract that is presented to the Board is not in violation of the Act if, in negotiating for the proposal/contract, the member does not participate in any way as a Board member and this action is set forth as a matter of public record. No member of the Board shall cast a vote on the provision of services by that member (or any organization for which that member directly represents) or vote on any matter which would provide direct or indirect financial benefit to that member. A Board member who is associated with an entity that has submitted a RFP for a contract must abstain from the discussion process as well as the voting process when that entity is presented to the Board. Willful violation of conflict of interest standards may be cause for removal from Board membership. (See Article VIII on Conflict of Interest and Confidentiality.)

Section 5 – Alternates

If a member of the Board cannot attend a scheduled meeting of the Workforce Development Board, the member may designate an alternate from his/her organization to attend in his/her place. If the Board member wishes to designate an alternate, the member shall email the Assistant Director of the Virginia Career Works – Piedmont Region, noting the designated alternate and the ability for the designated alternate to vote on behalf of the Board member.

ARTICLE V

OFFICERS

Section 1 – Officers

The Board shall elect a Chair, or Co-Chairs, and a Vice-Chair and any other such officers as are deemed

necessary. The Chair(s) and Vice-Chair shall be Business Representatives and shall together represent

both Planning District areas.

Section 2 – Election Term

Officers shall be elected at the last regular meeting of the Program Year for a term of one year to begin

July 1st and end June 30th. Officers may be elected for subsequent years. No officer shall serve more than

four (4) consecutive terms.

Section 3 – Removal of Officers

An officer may be removed by a majority action of the Board.

Section 4 – Duties of the Chair

The Chair(s) shall conduct the meetings of the Board, work with VCW – Piedmont Staff to create the

agenda, appoint members to the committees, represent the Board or designate other members or staff

to represent the Board at public functions and be the spokesperson for the Board. The Chair(s) may

authorize the expenditure of up to $5,000 without prior approval of the Board. In all such cases, the

Chair will request approval by the Board of this expenditure at its next scheduled meeting.

Section 5 – Duties of the Vice-Chair

The Vice-Chair shall perform all functions of the Chair(s) in the absence of the Chair(s).

Section 5 – Duties of Board Staff

The Board Staff shall send out meeting notices and keep the official records of the Board including the

minutes, agendas, financial statements, manage the finance of the Board, contracts, plans, and other

such documents as pertain to the business of the Board.

ARTICLE VI

COMMITTEES

Section 1 – Creation of Committees

The Board may create one or more programmatic committees, in addition to the Executive Committee,

and appoint Members to serve on such committees. The creation of a committee and appointment of

Members to it shall be approve by the Board when the action is taken. Committee members may

include non-Board members with expertise in areas that would assist the Committee and the Board in

their decision-making. All Committees must be chaired by an appointed Board Member. The Board Chair

shall appoint all standing Committee chairs.

Section 2 – Standing Committees

The following Programmatic Committees will be in place for the VCW – Piedmont Board:

Finance Committee

Marketing and Business Outreach Committee

WIOA Committee

Program Planning and Service Delivery Committee

The authority of the Committees shall be outlined in an official charge. At no time, unless otherwise

noted, may a Committee act on behalf of the Board without consent of a quorum of the Board.

Committees may schedule their meetings without notice to the full Board. Committees shall keep

minutes of the meetings and submit them to the Board.

Section 3 – Executive Committee

The Executive Committee, appointed by the Board, will consist of the following:

The Chair or Co-Chairs of the VCW – Piedmont Board

The Vice-Chair of the VCW – Piedmont Board

The Past Chair of the VCW – Piedmont Board

All Standing Committee Chairs

One At-Large Representative on the Board

The Executive Committee will be responsible for handling the business of the Board between meetings

of the entire Board and is the only committee that may take formal actions on behalf of the full Board.

These actions could include, but are not limited to the following:

Approval of financial reports including annual budgets, transfer of funds requests, budget

modifications and budget vs. actual expenditures

Approval of committee reports

Approval of programmatic reports

The VCW – Piedmont Council will also need to review and approve any financial report provided to the

Executive Committee. Items approved by the Executive Committee will be reported to the Board at the

next quarterly meeting and the corresponding documentation or reports will be made available in an

online format. Any Board member can request to review an item approved by the Executive Committee

at the next quarterly Board meeting in detail.


Thirty percent (30%) of the number of current committee members shall constitute a quorum.

ARTICLE VII

MEETINGS

Section 1 – Regular Meetings

Regular meetings will be held at least quarterly at a place within the region. The Board may adopt a

schedule of additional meetings that shall be considered regular meetings for purposes such as

developing a plan, preparing the budget, or other such purposes as required.

Section 2 – Special Meetings

Special meetings may be called by the Chair(s) or the Executive Committee for any purpose.

Section 3 – Notice of Meetings

Written notice, including a tentative agenda, will be transmitted to the Board and posted on the VCW –

Piedmont website (www.vcwpiedmont.com) no less than five (5) business days prior to the regularly

scheduled meeting. Members of the Board shall be provided written notice of special meetings a

minimum of 48 hours in advance of the special meeting. Such notice shall include a description of the

matter(s) for which the special meeting is called. Only business specified in the special meeting notice

may be considered. Public notice of the date, time, and place of the Board Meetings shall be provided as

required by law.

Section 4 – Meetings Open to the Public

All meetings of the Board and its committees shall be open to the public. The Board shall make available

to the public, on a regular basis through its open meetings, information regarding activities of the Board,

including information on the Local Plan, information regarding members, and the minutes of Board

meetings.

Section 5 – Executive Session

Closed executive sessions may be used according to the provisions of the Virginia Freedom of

Information Act. Such sessions may be held during or after an open meeting, or may announced for a

future time. The purpose for holding a closed executive session must be announced at the open meeting

either immediately prior or subsequent to the closed executive session. Official action on any matter

discussed at a closed executive session must be taken at an open meeting.

Section 5 – Compliance with Sunshine Laws

http://www.vcwpiedmont.com/

The Board shall comply with all applicable aspects of the Sunshine provision which are outlined in the

CLEO-Board Agreement.

ARTICLE VIII

CONFLICT OF INTEREST AND CONFIDENTIALITY

No official or employee of the Board authorized in their official capacity to negotiate, make, accept for

approval, or to take part in the negotiating, making accepting or approving any contract or subcontract

in connection with the project; shall have directly or indirectly any financial or personal interest in such

contract or subcontract. It shall be against the policy of the Board for any employee or volunteer to

directly or indirectly, corruptly ask, for themselves or any other person or entity in return for: being

influenced in their performance of their job or position; being influenced to commit or aid in

committing, or to collude in, or allow, any fraud, or to make opportunity for the commission of any

fraud on the Board; being induced to do or admit to any act in violation of their official duties

Section 1 – Voting and Conflict of Interest

Section 107(h) of the WIOA and these Bylaws prohibit a member of the Board from voting on a matter under consideration by the Board when:

The matter concerns the provision of services by the member or by an entity that the member represents; or

The matter would provide direct financial benefit to the member or the immediate family of the member. (For purposes of this policy, immediate family means wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, grandson, granddaughter, grandparent, stepparent, stepchild, or any person residing in the same household); or

The matter concerns any other activity determined by the Board to constitute a conflict of interest as specified in the Local Plan.

Section 2 – Appearance of Conflict

Members of the Board are expected to avoid unethical behavior in the course of performing their official

duties. The Board not only expects its members to avoid impropriety, but also to avoid the appearance

of impropriety whether or not any actually exists. Members must avoid the appearance of: using their

position for private gain; giving preferential treatment to any person or entity; losing their

independence or impartiality in making decisions; acting in any way that might erode public confidence

in the integrity of the Board.

Section 3 – Confidentiality

All information, whether transmitted orally or in writing, that is of such a nature that it is not, at that time, a matter of public record or public knowledge is deemed confidential by the Board. Members shall not disclose confidential information obtained in the course of or by reasons of his/her membership on the Board to any person or entity not directly involved with the business of the Board.

No member shall use confidential information obtained in the course of or by reason of his/her membership on the Board in any matter with intent to obtain financial gain for the member, the member’s immediate family or any business with which the member is associated.

No member shall disclose confidential information obtained in the course of or by reason of his/her membership on the Board in any manner with the intent to obtain financial gain for any other person.

ARTICLE VIV

MISCELLANEOUS PROVISIONS

Section 1 – Seal

The Board may adopt a seal or logo for identification of the Board.

Section 2 – Program Year

The Program Year of the Board shall be July 1st to June 30th.

Section 3 – Amendments

These Bylaws may be amended by a simple majority vote of the current members of the Board and are

subject to the approval of the VCW – Piedmont Council.

Signatures

______________________________________

VCW – Piedmont Council Chair Signature

_______________________________________

VCW – Piedmont Council Chair Printed Name

______________________________________

Date

_______________________________________

VCW – Piedmont Board Chair Signature

_______________________________________

VCW – Piedmont Board Chair Printed Name

_______________________________________

Date

9 | P a g e

Chief Local Elected Officials-Board Agreement

Virginia Career Works – Piedmont Region

Local Workforce Development Area 6 (LWDA 6)

Effective Date: October 27, 2016

Purpose

The purpose of this agreement is to describe the respective roles and responsibilities under the

Workforce Innovation and Opportunity Act (WIOA) of the Virginia Career Works – Piedmont Region

(VCW - Piedmont) Council, made up of the Chief Local Elected Officials from Local Workforce

Development Area 6 (LWDA6), and the VCW - Piedmont Board, made up of public and private

representatives from around the region.

Virginia Career Works – Piedmont Region Council Responsibilities

The sole duties of the Council include, but are not limited to the following:

Designate the Grant Recipient for LWDA6;

Designate the Fiscal/Administrative Agent, if applicable, for LWDA6;

Accept fiscal liability for the use of WIOA funds;

Appoint LWDB members and maintain Local Board Membership Certification every 2 years;

Accept annual A-133 audit;

Approve annual budget submitted by the LWDB and any subsequent modifications through the

fiscal/program year;

Approve the LWDB By-laws;

Oversee funds contributed to LWDA6 by the localities in this agreement for additional projects

and services in the region; and

Any other functions, responsibilities or actions referred to within the CLEO Agreement or this

agreement as requiring action by the Council.

VCW - Piedmont Council and Board Shared Responsibilities

In partnership with the VCW - Piedmont Board, the VCW - Piedmont Council’s additional responsibilities

include, but are not limited to the following:

Development of a vision and goals for the local workforce development system that are aligned with both the economic development missions for the local area and Virginia Board of Workforce Development’s (VBWD) goals

Development of the 4-year local strategic plan to include a workforce demand plan and a plan for business engagement

Selection of one-stop operator(s) and locations, including operators of career services if the one-stop operator does not provide career services as described in section 134(c)(2)

Selection of training providers

Approval of the local one-stop operation(s) budget

Conduct oversight of local programs of youth, adult and dislocated worker activities authorized under Title I of WIOA

Negotiate and reach agreement with the VBWD on behalf of the Governor on local performance accountability measures; and

Any other activities as required by the Workforce Innovation and Opportunity Act, Section 107(d), by state statute or by the Governor.

VCW - Piedmont Board Responsibilities

The establishment of the VCW - Piedmont Board in LWDA6 is to create a public-private partnership to

ensure that the region’s workforce development activities and strategies are focused on providing a

trained and skilled workforce that meets the current and future demand of the local employer’s in

Central Virginia. In following this vision, the VCW - Piedmont Board will solely be responsible for the

following strategic activities:

Decide how best to organize the regional workforce system to most effectively serve the needs

of current and emerging private sector employers and job seekers;

Decide how best to provide comprehensive services to regional private sector employers;

Decide how best to deploy available resources to achieve negotiated local performance

accountability measures and build capacity for continuous improvement; and

Decide how to expand the resource base and service capability through the development of

strategic partnerships, an integrated service-delivery system, and generation of additional public

and private funding.

In order to complete the above strategic activities, the VCW - Piedmont Board will also be responsible

for the following items, which include but are not limited to:

Conduct workforce research and regional labor market analysis in accordance with Section (d)(2)

of the Workforce Innovation and Opportunity Act;

Develop a budget for the purpose of carrying out the duties of the VCW - Piedmont Board,

subject to the approval of the VCW - Piedmont Council;

Meet at least quarterly and review presented financial reports that reflect actual expenditures

and their relationship to the approved budget as well as workforce program outcomes and their

relationship to negotiated performance levels;

Solicit and accept grants and donations from sources other than federal funds made available

under Title I of WIOA assuming the VCW - Piedmont Board is organized in a manner to do so;

Select eligible providers of youth activities by awarding grants or contracts on a competitive

basis;

Identify eligible providers of training services for adults and dislocated workers;

Assist the Governor and the Virginia Board of Workforce Development to develop a statewide

employment statistics system;

Coordinate the workforce activities under WIOA with local economic development strategies

and develop employer linkages with those activities;

Promote the participation of local private sector employers through the statewide workforce

development system;

Lead efforts to engage with a diverse range of employers and with entities in the region involved

to:

o Promote business representation on the VCW - Piedmont Board;

o Develop effective linkages with employers in the region to support employer utilization

of the local workforce development system and to support local workforce investment

activities;

o Ensure that workforce investment activities meet the needs of employers and support

economic growth; and

o Develop and implement proven or promising strategies for meeting the employment

and skill needs of workers and employers;

In partnership with representatives of secondary and postsecondary education programs, lead

efforts in LWDA6 to develop and implement career pathways within the region by aligning the

employment, training, education, and supportive services that are needed by adults and youth,

particularly individuals with barriers to employment;

Lead efforts in LWDA6 to identify and promote proven and promising strategies and initiatives

for meeting the needs of employers and workers and job seekers, and identify and disseminate

information on findings;

Develop strategies for using technology to maximize the accessibility and effectiveness of the

local workforce development system for employers and workers and job seekers by:

o Facilitating connections among the intake and case management information systems

on the one-stop partner program;

o Facilitating access to services in remote areas;

o Identifying strategies for better meeting the needs of individuals with barriers to

employment; and

o Leveraging resources and capacity with the local workforce development system,

including resources and capacity for services for individuals with barriers to

employment;

Enter into Memorandums of Understanding with workforce development system partners;

Coordinate activities with education and training providers in LWDA6, including providers of

workforce investment activities, providers of adult education and literacy activities under Title II,

providers of career and technical education and local agencies administering plans under Title I

of the Rehabilitation Act of 1973 as described in Section 107 (D)(11); and

Annually assess the physical and programmatic accessibility of all one-stop centers in the local

area are described in Section 107 (D)(12).

VCW - Piedmont Board Detailed Operations

Membership Composition

The VCW - Piedmont Council has the sole authority to appoint members to the VCW - Piedmont Board in

accordance with Section 107(b) of WIOA and Virginia Board of Workforce Development Policy 200-02. A

detailed composition of the VCW - Piedmont Board will be outlined in the VCW - Piedmont Policy titled

“Workforce Development Board Composition”.

Bylaws Development

The VCW - Piedmont Board shall approve a standard set of Bylaws that provides detail into the

operations of the meetings of the VCW - Piedmont Board and its subsequent committees. This will

include details on voting procedures, elections of officers, committee provisions, public notices of

meetings and conflict of interest and confidentiality procedures.

Leadership and Committee Establishment

Chairperson

The members of the VCW - Piedmont Board shall elect a chairperson from among the private sector

representatives. The chairperson shall serve as the Executive Committee Chair and shall identify the

method for selecting the chairs for all standing committees and taskforces of the VCW - Piedmont

Board. If the VCW - Piedmont Board elects Co-Chairs, both Planning Districts must be represented.

Executive Committee

The Executive Committee will consist of the following members:

Chair (or Co-Chairs)

Immediate Past Chair

VCW - Piedmont Council Chair

All VCW - Piedmont Committee Chairs

One At-Large Member (can be private sector or non-business representatives)

Details of the Executive Committee’s authority and responsibility should be outlined in the VCW -

Piedmont Bylaws.

Programmatic Committees

The VCW - Piedmont Board has the authority to establish programmatic committees as workforce

development challenges arise or a new focus area emerges for LWDA6 and the process for establishing

those committees should be outlined in the VCW - Piedmont Board Bylaws.

General Administrative Provisions

Sunshine Provisions

The VCW - Piedmont Board shall share information regarding its meetings and activities with the public

subject to the provisions of the Virginia Freedom of Information Act.

The VCW - Piedmont Board shall make available to the public, on a regular basis through open meetings,

information regarding the activities of the VCW - Piedmont Board, including information regarding the

local plan prior to submission of the plan, membership, the designation and certification of one-stop

operator(s) consistent with the State Plan, and the award of grants or contracts to eligible providers of

youth activities, and the minutes of formal meetings of the VCW - Piedmont Board.

In order to comply with the Sunshine Provisions, the VCW - Piedmont Board and any Committees

authorized to take official action on behalf of the VCW - Piedmont Board shall do the following:

Take official action and engage in deliberations only at meetings open to the public. "Official

action" includes making recommendations, establishing policy, making decisions, and/or voting

on matters of VCW - Piedmont Board business. "Deliberations" are discussions of VCW -

Piedmont Board business necessary in order to reach decisions.

Ensure that all meetings are held in locations accessible to individuals with disabilities and that

all information is available in accessible and alternate formats.

Give public notice of meetings in accordance with applicable state code provisions, including

public notice in advance of any special meeting or rescheduled regular meeting. No public notice

need be given of an emergency meeting called to deal with a real or potential emergency

involving a clear and present danger to life or property.

Ensure that votes of VCW - Piedmont Board members be publicly cast and, in the case of roll call

votes, recorded.

Keep written minutes of all public meetings, including date, time and place of the meeting,

members present, the substance of all official actions, a record of roll call votes, and the names

of any citizens who appeared and gave testimony.

Closed executive sessions may be used according to the provisions of the Virginia Freedom of

Information Act. Such sessions may be held during or after an open meeting, or may be

announced for a future time. If closed session is not announced for a specific time, VCW -

Piedmont Board members must be notified 24 hours in advance of the date, time, location and

purpose of the session. The reason for holding an executive session must be announced at the

open meeting either immediately prior or subsequent to the executive session.

Official action on any matter discussed at an executive session must be taken at an open

meeting.

Conflict of Interest Provision

All members of the VCW - Piedmont Board serve a public interest and trust role and have a clear

obligation to conduct all affairs in a manner consistent with this concept. All decisions of the VCW -

Piedmont Board are to be based on promoting the best interest of the state and the public good.

Accordingly:

All members of the VCW - Piedmont board are subject to the provisions of the State and Local

Government Conflict of Interest Act;

The VCW - Piedmont Board shall adopt in its Bylaws a conflict of interest policy meeting the

minimum standards set forth in the State and Local Government Conflict of Interest Act. The

conflict of interest standards shall apply to all Board members (voting and non-voting).

A member of the VCW - Piedmont Board shall neither cast a vote on, nor participate in, any

decision-making capacity on the provision of services by such member (or by an organization

that such member directly represents); not on any matter that would provide any direct benefit

to such member or the immediate family of such member. Immediate family means (1) a spouse

and (2) any other person residing in the same household as the member, who is a dependent of

the member or of whom the member is a dependent. Dependent means any person, whether or

not related by blood or marriage, which receives from the member, or provides to the member,

more than on-half of his/her financial support.

Any VCW - Piedmont board member (or specific entity represented by that member) who

participates in the development of contract specifications or standards is prohibited from

receiving any direct financial benefit from any resulting contract.

Any VCW - Piedmont Board member who participates in a VCW - Piedmont Board decision

relating to specific terms of a contract, the determination of specific standards for performance

of a contract, the development of Invitations for Bid or Requests for Proposals or other such bid

processes leading to a contract, or any similar decisions is prohibited from receiving any direct

financial benefit from any results contract. In addition, no corporation, partnership, sole

proprietorship, firm, enterprise, franchise, association, trust, foundation or other entity shall

receive the contract if it would create a conflict of interest for the Board member who

participated in this manner.

Each VCW - Piedmont Board member shall file a statement of economic interest with the VCW -

Piedmont Board Staff as a condition of assuming membership and then annually while serving as

a Board member. The VCW - Piedmont Council shall determine the composition of the

statement of economic interest.

Any VCW - Piedmont Board member with a potential or actual conflict of interest shall disclose

that fact to the VCW - Piedmont Board as soon as the potential conflict is discovered and, to the

extent possible, before the agenda for the meeting involving the matter at issue is prepared. If it

is determined during a meeting that a conflict of interest exists, the member must verbally

declare such conflict of interest, such declaration must be clearly noted in the minutes, and such

member must excuse himself from the remainder of the discussion and voting on that item.

Each VCW - Piedmont Board member is responsible for determining whether any potential or

actual conflict of interest exists or arises during his tenure on the VCW - Piedmont Board.

If a contract or purchase is made by the VCW - Piedmont Board involving its own member with a

conflict of interest, the VCW - Piedmont Board shall justify the terms and conditions of the

contract or purchase and document that the contract or purchase was adequately bid or

negotiated and that the terms of the contract or price of the purchase are fair and reasonable.

VCW - Piedmont Board members who are also one-stop center operators shall not serve on any

committees that deal with oversight of the one-stop system or allocation of resources that

would potentially be allocated to that member’s program.

All members of the VCW - Piedmont Board are subject to all other provisions of the State and

Local Government Conflict of Interest Act not outlined above.

Effective Dates of this Agreement

This agreement shall take effect October 27, 2016 by a majority vote of all members of the VCW -

Piedmont Council and the VCW - Piedmont Board on and shall remain in effect until the WIOA law is no

longer in effect.

Amendment of the Agreement

This agreement may be modified by a written amendment approved by a majority vote of all members

of the VCW - Piedmont Council and VCW - Piedmont Board, following notice of (1) the specific language

of the proposed amendment, and (2) of the date, time and location of the meeting at which the

amendment will be presented to the VCW - Piedmont Council and VCW - Piedmont Board for a vote.

Signatures

_______________________________________

VCW - Piedmont Council Chair Signature

_______________________________________

VCW - Piedmont Council Chair Printed Name

______________________________________

Date

_______________________________________

VCW - Piedmont Board Chair Signature

_______________________________________

VCW - Piedmont Board Chair Printed Name

_______________________________________

Date

Documents

BOARD MEMBERS Present · PY 2017 - FINAL LWDA 06 Adult Negotiated Level Actual Performance % of Negotiated Level Employment 2nd Quarter after Exit 73.8 84.8 114.91% Employment 4th