Section 852. New York state workforce investment board

1. Creation and
  constitution. (a) The governor  shall  establish  a  board,  within  the
  department,  to  be  known  as  the  New York state workforce investment
  board. The board shall be composed of forty-nine members, including  the
  following  permanent  members:  the governor; two members of the senate,
  appointed by the temporary president of the senate; two members  of  the
  assembly, appointed by the speaker of the assembly; the commissioners of
  labor,  education,  of  children  and  family  services,  temporary  and
  disability assistance and economic development; the chair of  the  urban
  development  corporation  and  the chancellor of the state university of
  New York.
    (b) The remaining thirty-seven members of the board shall be appointed
  by the governor as follows:
    (i) twenty-five representatives of business who:
    (A) are owners of businesses, chief executives or  operating  officers
  of  businesses,  and other business executives or employers with optimum
  policymaking or hiring authority, including members of  local  workforce
  investment boards;
    (B)  represent  businesses  with employment opportunities that reflect
  the employment opportunities of the state;
    (C) are appointed from among individuals nominated by  state  business
  organizations and business trade associations; and
    (D)  include  one representative from each of the state's five largest
  industry sectors as determined by the department;
    (ii)  two  chief  elected  officials  (representing  both  cities  and
  counties, where appropriate);
    (iii)  four  representatives  of  labor  organizations,  who have been
  nominated by the  New  York  State  American  Federation  of  Labor  and
  Congress of Industrial Organizations;
    (iv)  two  representatives  of individuals and organizations that have
  experience with respect to youth activities, nominated  by  state  youth
  organizations;
    (v)  two  representatives  of  individuals and organizations that have
  experience  and  expertise  in  the  delivery  of  workforce  investment
  activities, including chief executive officers of community colleges and
  community-based  organizations  nominated  by  associations representing
  community colleges and community-based organizations within the state;
    (vi) one member who is a veteran nominated from a list provided by the
  New York State American Federation of Labor  -  Congress  of  Industrial
  Organizations; and
    (vii)  one  member  with  experience in mature worker issues nominated
  from a list provided by the New York State American Federation of  Labor
  - Congress of Industrial Organizations.
    (c)  Members  of  the board that represent organizations, agencies, or
  other entities shall be  members  with  optimum  policymaking  authority
  within  such  organizations,  agencies  or  entities. The members of the
  board shall represent diverse regions of  the  state,  including  urban,
  rural and suburban areas.
    (d)   Members,   excluding  those  specifically  designated  permanent
  members, shall be appointed for the following terms: ten  members  shall
  be appointed for one year; ten members shall be appointed for two years;
  and nineteen members shall be appointed for three years. Thereafter, the
  terms of new members or members reappointed shall be three years.
    (e)  The  board membership of any appointee described in paragraph (b)
  of  this  subdivision  shall  cease  upon  a  change  in  such  member's
  qualifying  status.  In  such  event,  the  governor shall appoint a new
  member representing the same interest as that originally represented  by
  such member.

    (f)  Any member appointed to fill a vacancy shall serve the balance of
  the term that was vacated.
    (g)  Members  of the board shall receive no compensation, but shall be
  entitled  to  reimbursement  for  any  necessary  expenses  incurred  in
  connection with the performance of their duties.
    (h) The board shall meet no less than quarterly each calendar year.
    2.  Chairperson. The governor shall select a chairperson for the board
  from  among  the  representatives  described  in  subparagraph  (i)   of
  paragraph (b) of subdivision one of this section.
    3.  Duties  and  responsibilities of the board. The board shall assist
  the governor in fulfilling the requirements  of  the  federal  Workforce
  Investment Act of 1998 (P.L.105-220) including:
    (a) development of the state plan;
    (b)  development  and  continuous improvement of a statewide system of
  activities that are funded under subtitle B of title I  of  the  federal
  Workforce Investment Act of 1998 (P.L. 105-220) or carried out through a
  one-stop  delivery  system  that  receives  funds  under  such subtitle,
  including:
    (i) development of  linkages  in  order  to  assure  coordination  and
  nonduplication  among  the  programs  and  activities  that comprise the
  one-stop delivery system; and
    (ii) review of local plans;
    (c) commenting at least once annually on the measures  taken  pursuant
  to paragraph fourteen of subdivision (b) of section one hundred thirteen
  of  the  Carl D. Perkins Vocational and Applied Technology Education Act
  (20 U.S.C.2323 (b) (14));
    (d) designation of local workforce investment areas.  With  regard  to
  designations  that  are  not  automatic  or  temporary, the governor may
  approve a request from any unit of general local government (including a
  combination of such units) for designation as a local area if the  board
  determines,  taking  into  account  the factors described in clauses (i)
  through (v) of subparagraph (B) of paragraph (1) of subdivision  (a)  of
  section  one  hundred sixteen of the federal Workforce Investment Act of
  1998 (P.L. 105-220), and recommends  to  the  governor  that  such  area
  should be so designated;
    (e)  development  of allocation formulas for the distribution of funds
  for adult employment and training activities  and  youth  activities  to
  local areas;
    (f)  development  and  continuous  improvement  of comprehensive state
  performance measures, including state adjusted levels of performance  to
  assess  the  effectiveness of the workforce investment activities in the
  state;
    (g)  development  of  the  statewide  employment   statistics   system
  described  in  subdivision  (e)  of section fifteen of the Wagner/Peyser
  Act; and
    (h) development of an application for incentive grants awarded by  the
  secretary  of  labor  to states that exceed the state adjusted levels of
  performance.
    4. Subcommittees. The board may  establish  subcommittees  to  examine
  areas of particular interest or to assist it in monitoring the long term
  needs  of  employers  and  job  seekers and setting appropriate goals to
  address such needs. Such areas or needs may include, but are not limited
  to, incumbent  workers,  transitional  workers,  emerging  workers,  and
  apprenticeship.
    5.  Staffing.  Staff  support for the state board shall be provided by
  the department in consultation  with  appropriate  workforce  investment
  partners.

    6.  Conflict  of interest. A member of the board may not (a) vote on a
  matter  under  consideration  by  the  state  board  (i)  regarding  the
  provision  of  services  by such member or by an entity that such member
  represents; or (ii) that would provide direct financial benefit to  such
  member  or  the  immediate  family  of such member; or (b) engage in any
  other activity determined by the governor to constitute  a  conflict  of
  interest as specified in the state plan.
    7.  Removal.  Any  non-permanent member of the board may be removed by
  the governor for cause.
    8. Transition. Whenever the job training partnership council, the  job
  training partnership committee, or the job training coordinating council
  is referred to or designated in any general, special or local law, or in
  any  rule,  regulation, contract or other document, such reference shall
  be deemed to refer to the New York state workforce investment board.
    9. Sunshine provisions. The state board shall make  available  to  the
  public,  on a regular basis through open meetings, information regarding
  the activities of the board, including information regarding  the  state
  plan  prior to submission of the plan, information regarding membership,
  and, on request, minutes of formal meetings of the state board.