Local Board Certification

A. Initial certification. DWS must certify the composition of each local board in the state. B. Subsequent certification. Upon completion of initial certification, DWS must recertify local boards every two years. C. Certification criteria. (1) Initial certification criteria. Initial certification shall be based on criteria established under WIOA section 107, including compliance with membership, appointment process, chairmanship, and standing committee requirements. (2) Subsequent certification criteria. Subsequent certification shall be based on the initial certification criteria, as well as the extent to which the local board has ensured that workforce investment activities carried out in the local area have enabled the local area to meet the corresponding performance accountability measures and achieved sustained fiscal integrity, as defined in WIOA section 106, and as outlined in the local board grant agreement. (a) If a local board meets all membership requirements, but fails to meet performance measures and outcomes, certification will be granted for only a one-year review period, instead of a two-year period. (b) At the end of the one-year review period, the recertification process will be repeated with an updated review of performance and membership composition. If this review shows the local board is meeting all performance measures and outcomes, a two-year certification will be granted. (c) During the two-year certification period, if more than ten percent of the local board membership is removed for cause, a recertification shall occur to ensure membership compliance and board stability. D. Decertification. (1) Conditions for decertification. A local board is subject to decertification under the following conditions: (a) failure to meet all local board certification requirements; (b) failure to carry out required functions of the local board; (c) fraud; or (d) abuse. (2) Performance and decertification. If a local board has already been placed on a one-year review period due to lack of meeting performance measures and outcomes, and fails to meet performance measures and outcomes for a second year, the local board may be decertified. (3) Notice and comment. A written notice and opportunity for comment will be provided prior to decertification. 11.2.4 NMAC 9 (4) Reorganization plan. Per WIOA section 107, if a local board is decertified, DWS, acting on behalf of the governor, may require a new local board be appointed and certified for the local area pursuant to a reorganization plan developed by DWS, in consultation with the CEOs in the local area and in accordance with the certification criteria referred to in this policy. [11.2.4.14 NMAC - N, 7/1/2018] 11.2.4.15 Planning regions: A. Background: (1) WIOA envisions a workforce development system that is customer-focused on both the job seeker and businesses, and is able to anticipate and respond to the needs of regional economies. Strong collaboration among government, local employers and industry, training providers and educational institutions, service and advocacy organizations, philanthropy and other local organizations is often needed to support and deliver effective workforce services. It requires chief elected officials (CEOs) and local workforce development boards (LWDB) to design and govern the system regionally, to align workforce policies and services with regional economies, and to support service delivery strategies tailored to these needs. To support this regional approach, WIOA requires states to identify planning regions. Per section 106 (a)(2) of WIOA, the state shall identify: (a) which regions are comprised of one local workforce development area (local area) that is aligned with the region; (b) which regions are comprised of two or more local areas that are collectively aligned with the planning region; and (c) which, of the planning regions, are interstate areas contained within two or more states, and consist of labor market areas, economic development areas, or other appropriate contiguous sub-areas of those states. (2) As part of the identification of planning regions, New Mexico also uses the following criteria: (a) a single labor market; (b) a common economic development area; (c) possession of federal and non-federal resources to administer workforce development activities; (d) commuting patterns, which shows movement of workers from their residence to their workplace; (e) population centers; (f) similar economic bases, including percentage of employment in a particular industry; (g) labor force conditions, including labor force data and unemployment data; and (h) industrial composition, including industry employment patterns (jobs by industry and share of total employment by industry). (3) Planning regions are areas identified by the state. The purpose of planning regions is to promote alignment of workforce development activities and resources with larger regional economic development areas and available resources to provide coordinated and efficient services to both individuals and employers. The development of comprehensive regional partnerships facilitates this alignment and provides support for the execution and implementation of sector strategies and career pathways. Identification of planning regions is important, because regional economic development areas are established in order to ensure that training and employment services: (a) support economic growth and related employment opportunities; (b) meet the needs of individuals, including those with barriers to employment; (c) meet the skill competencies and unique cultural requirements of the region; and (d) meet the specific needs of regional employers the skills they require. B. State requirements: (1) The state is required to identify regions in consultation with local CEOs and LWDBs. In New Mexico, consultation will entail one or more of the following activities: (a) collaboration with the state workforce development board; (b) collaboration with the New Mexico department of economic development; (c) e-mail notification of proposed planning regions to the CEOs and LWDB directors with the opportunity to provide comment at least 30 days prior to any final action; 11.2.4 NMAC 10 (d) public notice of proposed planning regions to allow affected businesses, institutions of higher education, labor organizations, other primary stakeholders and the general public the opportunity to provide public comment at least 30 days prior to any final action; (e) dialogue with one or more of the following associations which provide support and guidance to the CEOs and LWDBs: (i) New Mexico Municipal League; and (ii) New Mexico Association of Counties; (f) in-person meetings or teleconferences with individual CEOs and LWDBs; (g) presentations at training events or at CEO or LWDB meetings; and (h) through legal public comment processes for workforce policies. (2) CEOs and affected LWDBs shall be provided opportunity for consultation throughout the designation process. Consultation shall include (a) collaboration with the State; (b) notice of proposed planning regions and opportunity to provide comment at least 30 days prior to final action; (c) dialogue with one or more of the following associations which provide support and guidance to the CEOs and LWDBs; (i) New Mexico municipal league; and (ii) New Mexico association of counties; (d) in-person meetings or teleconferences with the state; and (e) through legal public comment processes for workforce policies. (3) In addition to WIOA law and the state’s criteria for identification of planning regions, the following guidelines have been used to identify and designate planning regions for New Mexico: (a) a single local area may be split across two planning regions; (b) local areas must be contiguous in order to be a planning region; (c) a local area may share part of one planning region (interstate planning); and (d) alignment with statewide economic development regions. (4) Planning regions shall be identified using the state criteria and the associated WIOA guidelines. Announcements of planning regions shall be included in correspondence and guidance documents issued by DWS and communicated to the local areas when regional and local planning is conducted. (5) DWS may identify interstate planning regions if necessary. Announcements regarding interstate planning regions shall be communicated to the local areas when regional and local planning is conducted. If interstate planning regions have not been identified by DWS, New Mexico may still plan with other states for the purposes of that state’s regional or local planning requirements. (6) The identified regions are required to be included in local area planning. Local workforce development boards are required to coordinate and include regional plans into their local plan every four years; additionally, LWDBs will be required to address and include activities with planning regions who share common labor markets. Regional and local planning activities will include but are not limited to the following: (a) the preparation of a regional plan; (b) the establishment of regional service strategies, including use of cooperative service agreements; (c) the development and implementation of sector strategies for in-demand industry sectors or occupations for the planning region; (d) the collection and analysis of regional labor market data; (e) the coordination of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate; (f) the coordination of transportation and other supportive services as appropriate; (g) the coordination of services with regional economic development service, partners and providers; (h) development of strategies to serve common employers; (i) coordination of rapid response and layoff aversion activities; and (j) identification, development and coordination of training programs and providers to support job seekers and employers. (7) The state workforce development board will review or modify the identification of single local areas and planning regions when local area designation is reviewed or modified, including local area subsequent designation, ongoing review of local area subsequent designation, and local area re-designation. 11.2.4 NMAC 11 (8) DWS will assist the planning regions and local areas in obtaining the necessary labor market data, operational data elements, and any other data that will support the process of regional and local planning. DWS will also provide ongoing support to meet the purpose of the regional and local planning. (9) Each planning region, including the individual local workforce development board, in partnership with CEO’s, shall prepare, submit and obtain approval of a local plan that includes a description of the policies, procedures, and local activities that are carried out in the regional area that contains all the requirements outlined in 679.560 of Title 20 of the Federal Regulations. C. Public comment: (1) Public notice shall be issued for any contemplated actions concerning changes to proposed planning regions or workforce policies; (2) notice shall be provided by email notification to the CEOs and LWDB directors and published in a newspaper of general circulation in the local affected area at least 30 days prior to any final action (3) notice to interested parties shall include the method by which comments will be accepted and any applicable deadlines. D. Technical Assistance: (1) Ongoing support, guidance, training and technical assistance on development of local and regional planning is available to all local areas. (2) Requests for technical assistance may be sent to DWS to the attention of the WIOA Department at PO Box 1928, Albuquerque, NM 87103.