Criteria Overview
Section 107(a) of Workforce Innovation and Opportunity Act (WIOA) authorizes the Governor, in partnership with the State Board, to establish criteria for chief elected officials to use to appoint members of the local boards. The following table provides the composition requirements for membership on Local Workforce Development Boards which are stipulated in Section 107(b)(2) of WIOA and the criteria developed by the Governor.
Business Representation
| Category | Composition And Nomination Process Criteria |
| Business (includes chairperson) |
Business members must be owners, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority. Members must represent organizations which provide employment opportunities including high quality, work relevant training and development of in-demand industry sectors or occupations. At least two business members must be representative of small business as defined by the U.S. Small Business Administration. Unless grandfathered, business nominations must be made by local business organizations or business trade organizations. Businesses must have at least 2 employees other than the owner or partners. Each business may have only one representative on the local board. |
Business Representation must be a majority of the board composition.
Workforce Representation
| Category | Composition And Nomination Process Criteria |
| Labor Organizations (two required) | Labor organization representatives, unless grandfathered, must have been nominated by local labor federations or by other representatives of employees if in a local area in which no employees are represented by such organizations. |
| Apprenticeship Programs (required if one exists) | A representative of a labor organization or training director from a joint labor-management apprenticeship program, or if no such joint program exists in the area, a representative of an apprenticeship program, if one exists. |
| Community-based Organizations (optional) | Representatives of CBOs that have demonstrated experience and expertise in addressing employment needs of individuals with barriers to employment including those that serve veterans or that provide or support competitive integrated employment for individuals with disabilities. |
| Youth Organizations (optional) | Representatives of organizations that have demonstrated experience and expertise in addressing the employment, training or education needs of eligible youth, including representatives that serve out-of-school youth. |
Workforce Representation must be 20% of the board composition.
Additional Representation
| Category | Composition And Nomination Process Criteria |
| Title II Adult Education and Literacy (required) |
A representative of eligible providers administering adult education and literacy activities under WIOA Title II. If there is more than one Title II provider in the local area, member must be nominated by these providers. |
| Higher Education (required) |
A representative of institutions of higher education providing workforce investment activities (including community colleges). If there is more than one higher education provider in the local area, member must be nominated by these providers). |
| Economic and Community Development (required) | A representative of economic and community development entities. |
| Title III Wager-Peyser Program (required) | NYSDOL will designate one representative. |
| Title IV Vocational Rehabilitation Program (required) | A representative of the programs carried out under Title I of the Rehabilitation Act of 1973 (other than section 112 or Part C of that title). |
| Local Education Agencies and Community-Based Organizations (optional) | Includes representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment. |
| Other Programs / Organizations (optional) |
Includes representatives of entities administering programs serving the local area relating to transportation, housing and public assistance. Includes representatives of philanthropic organizations serving the local area. |
|
Discretionary Appointments (optional) |
Includes other representatives of entities as the chief elected official in the local area may determine to be appropriate. |
General Provisions
- Members of the board that represent businesses must be individuals with optimum policymaking authority within the organizations, agencies, or entities.
- Members of the board shall represent diverse geographic areas within the local area.
- Chief-elected officials have the option of appointing additional members as deemed appropriate; however, officials are advised to keep in mind that appointing additional members will increase the overall size of the board. In particular, if the additional appointees are not business representatives, then additional business appointments may be required to maintain a business majority.
- Chief-elected officials should make board appointments with staggered term durations to ensure continuity and stability for board operation.
- Members that would normally require nomination for appointment by the CEO (business, labor union, higher education, Title II) may be “grandfathered” onto LWDBs if they fit within the WIOA compliant membership LWIBs. These members must have been serving on a WIOA compliant LWIB as of July 22, 2014.
- Appointees may represent more than one membership category.
- Representatives from local chambers of commerce (e.g., an executive director of a local chamber of commerce) may be appointed to serve on local boards to represent economic development agencies, business membership, community-based organizations, or as additional members whom CEOs may determine to be appropriate. These representatives must comply with all criteria from the category(ies) they seek to represent.
- The LWDB Chair shall be elected from among business representation.