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MARICOPA COUNTY WORKFORCE DEVELOPMENT BOARD BYLAWS
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ARTICLE I. NAME AND ESTABLISHMENT LEGAL AUTHORITY
Section 1.
Name
A. The name of this organization shall be the Maricopa County Workforce Development Board
(MCWDB). MCWDB may at times be referred to as the Maricopa County Local Workforce
Development Board, Maricopa County WDB, the WDB, the Local Workforce Development Board
(LDWDB), the Maricopa County LWDB, or the Local Board.
Section 2.
Establishment
A. A. The MCWDB is established and receives its authority in accordance with the Workforce
Innovation and Opportunity Act (WIOA), which was signed into law on July 22, 2014 as Public
Law 113-128 and replaces and supersedes the Workforce Investment Act of (WIA) of 1998. The
Maricopa County Board of Supervisors (BOS) shall have final authority.
Section 3.
Legal Authority
A. The MCWDB shall act as the Workforce Development Board (“WDB”) for the Maricopa County
Local Workforce Development Area. In execution of its business, the MCWDB must comply
with the Workforce Innovation and Opportunity Act (hereinafter referred to as "WIOA"), and
its regulations, applicable Federal and State Laws, rules and regulations, and State policies and
procedures. The MCWDB and its committees derive their authority from Section 107 of the
WIOA. The Maricopa County Board of Supervisors (BOS) shares governance responsibilities
with the MCWDB and is responsible for all WIOA funds. As such, the MCWDB must follow all
County policies and procedures with regard to making payments, entering into contracts, hiring
staff, and any other action that obligate funding.
ARTICLE II.
AREA SERVED
Pursuant to the State of Arizona designation and in compliance with WIOA, the area to be served by the
MCWDB shall be Maricopa County excluding the City of Phoenix. This area shall be known as the
Maricopa County Local Workforce Development Area. MCWDB may also provide services in
cooperation and coordination with other local workforce areas in the region and the State of Arizona.
ARTICLE III.
PURPOSE
The MCWDB shall work collaboratively with be established to assist the BOS as the Chief Local Elected
Officials in strategic planning, oversight, and evaluation of the local workforce development area, and
shall promote effective outcomes consistent with statewide goals, objectives, and negotiated local
performance.
The BOS shall establish the MCWDB to represent a wide variety of individuals, businesses, and
organizations throughout the local area. The MCWDB serves as a strategic convener to promote and
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broker effective relationships between the County and economic, education, and workforce partners.
The MCWDB shall maintain strategic and strong relationships with business organizations, chambers of
commerce, labor and trade associations, education providers, and others as needed or required.
ARTICLE IV.
COMPLIANCE, ROLE, AND METHODS
Section 1.
Compliance and Role
MCWDB shall be operated in accordance with applicable Federal, State, and local laws and regulations
including without limitation: a.) WIOA and related regulations, including any future amendments and
guidance which may be issued; and b.) official policies and directives of the Arizona Department of
Economic Security and the Workforce Arizona Council.
In cooperation with County staff identified by the BOS the Maricopa County Human Services
Department (HSD) and subject to the approval of the BOS, MCWDB shall be responsible to ensure the
completion of the following:
A. Local Plan: Develop and submit a local workforce development area plan to the Governor of
Arizona;
B. Regional Plan: Collaborate with the other local boards and chief elected officials, or their
delegates, from the other local areas in the preparation and submission of a regional plan, if the
local area becomes a part of a planning region with other local areas;
C. Workforce Research and Regional Labor Market Analysis: Conduct research, specified regional
market labor analysis, and periodic economic and workforce analyses as a part of the local
planning process and to assist the Governor in developing the statewide workforce and labor
market information system;
D. Convening, Brokering, and Leveraging: Convene the local workforce development system
stakeholders to assist in the development of the local area plan, and identify non-federal
expertise and resources to leverage support for workforce activities;
E. Employer Engagement: Lead efforts to engage with a diverse range of employers, entities in the
region , and economic development entities, including coordination with BOS economic
development strategies, in order to promote the participation of local area and regional private
sector employers, develop effective linkages with employers, support employer utilization of
the Maricopa County workforce system, ensure the workforce investment activities meet the
needs of employers, and support economic growth in the region;
F. Career Pathways Development: Collaborate with secondary and postsecondary education
program representatives leading the efforts in the local workforce development area to develop
and implement career pathways;
G. Proven and Promising Practices: Identify, promote, and disseminate proven and promising
strategies, initiatives, and practices for meeting the needs of job seekers and employers;
H. Technology: Develop strategies for using technology to maximize the accessibility and
effectiveness of the local workforce development system for employers, workers, job seekers,
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and those with barriers to employment; develop intake and case management information
systems, remote access, and improve digital literacy skills while leveraging resources and
capacity within the system;
I.
Program Oversight: Conduct program oversight for: local WIOA youth, adult, and dislocated
workforce development program activities; the local service delivery system; and the use,
management, and investment of workforce development funds to maximize performance
outcomes under WIOA through evidenced-based decision-making ;
J. Negotiation of Local Performance Accountability: Establish, through negotiation with the BOS
and the Governor, local performance and accountability measures;
K. Selection of Operators and Providers: Designate and certify one-stop operators, identify eligible
adult and youth training providers, and also ensure the provision of opportunities that lead to
competitive employment for individuals with disabilities; in conjunction with the State, ensure
there are sufficient numbers and types of career and training service providers in a manner that
maximizes consumer choice; select adult and dislocated worker service providers. Contracts,
IGAs, or MOUs for operators or service providers must be pursued collaboratively with the BOS,
must conform with all Maricopa County policies and procurement codes, and are subject to
formal approval by the BOS.
L. Coordination of Education Providers: Coordinate activities with education and training
providers;
M. Budget and Administration: Develop and approve a budget for the activities of the MCWDB and
the services provided in the County’s workforce system consistent with the local workforce
development plan and the duties of the MCWDB under WIOA, and in a manner that maximizes
resources for direct services;. Should the MCWDB fail to approve a budget within 60 days of the
beginning of a fiscal year, the BOS or its designee shall develop and implement a budget; and
N. Accessibility for Individuals with Disabilities: Annually assess the physical and programmatic
accessibility of all one-stop centers in the local area in accordance with the Americans with
Disability Act of 1990.
Section 2.
Methods
The MCWDB shall perform all duties in accordance with these methods:
A. Convener – Bring together business, labor, education, and economic development to focus on
community workforce issues.
B. Workforce Analyst – Understand and disseminate current local and regional labor market and
economic information and trends.
C. Broker – Bring together systems to solve common problems, or broker new relationships with
businesses and workers.
D. Community Voice – Advocate for the importance of workforce policy, providing perspective
about the need for and availability of skilled workers.
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E. Capacity Builder – Enhance the local workforce development area’s and planning region's ability
to meet the workforce needs of local employers.
ARTICLE V.
STAFFING AND SUPPORT
Section 1.
Staffing and Support
A. Necessary staffing and support of the MCWDB shall be funded by WIOA funds and is subject to
approval by provided by the the BOS or their designee.through HSD.
B. MCWDB staff shall include one (1) staff member to support the activities of the MCWDB, who
shall be responsible for preparing and distributing agendas for all public meetings, maintaining
an official membership list, attendance records, a record of all actions of MCWDB, minutes of all
public meetings, and other documents of the MCWDB and its committees; one (1)
administrative assistant; and one (1) analyst..
ARTICLE VI.
MEMBERSHIP
Section 1.
Composition and Size
A. The MCWDB shall be comprised of private business sector and public sector members.
B. The Board membership shall be representative of the local area’s geography and business
demographics.
C. To the greatest extent possible, the MCWDB will seek to have a membership diverse in gender
and ethnicity.
D. The membership of the Board shall be kept to the smallest number possible by having members
represent more than one category wherever possible and as permitted by WIOA.
E. An individual may serve as a representative of more than one membership category if the
individual meets all the criteria for representative in accordance with WIOA.
F. At least 51% of members shall be representatives of business in the local area who:
1. Are owners of businesses, chief executives or operating officers of businesses, or other
individuals with optimum policymaking or hiring authority;
2. Provide employment opportunities in in-demand industry sectors or occupations, and
provide high-quality work-relevant training and development opportunities to its
workforce or the workforce of others in the case of organizations representing business;
3. Are appointed from among individuals nominated by local business organizations and
business trade associations; and
4. At least two (2) members must represent small business as defined by the U.S. Small
Business Association.
G. At least 20% of the members must be workforce representatives with optimum policymaking
authority. These representatives:
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1. Must include at least two (2) representatives of labor organizations, nominated by local
labor federations or other representatives of employees;
2. Must include at least one (1) representative of a joint labor-management, or union-
affiliated, registered apprenticeship program within the local area who must be a
training director or member of a labor organization. If no union-affiliated registered,
apprenticeship programs exist in the area, a representative of a registered
apprenticeship program with no union affiliation must be appointed;
3. May include one or more representatives of community-based organizations that have
demonstrated experience and expertise in addressing the employment, training, or
education needs of individuals with barriers to employment, including organizations
that serve veterans or support competitive, integrated employment for individuals with
disabilities; and
4. May also include one or more representatives of organizations that have demonstrated
experience in addressing the employment, training, or education needs of eligible
youth, including representatives or organizations that serve out-of-school youth.
H. The balance of the Board membership shall include individuals with optimum policymaking
authority, as follows:
1. At least one (1) eligible provider administering adult education and literacy activities
under WIOA Title II, selected from among the providers serving in the local area;
2. At least one (1) representative from an institution of higher education providing
workforce development activities, including community colleges;
3. At least one (1) representative from economic and community development entities;
4. At least one (1) representative from the state Employment Service office under the
Wagner-Peyser Act;
5. At least one (1) representative from the programs carried out under Title I of the
Rehabilitation Act of 1973, other than sec. 112 or Part C of that title (i.e., the State
Vocational Rehabilitation Program or the state agency responsible for the State
Vocational Rehabilitation Program); and
I.
Members under the category referenced in Article VI, Section 1-H of these bylaws may also
include additional local area representatives appointed by the BOS from:
1. Entities administering education and training activities who represent local educational
agencies or community-based organizations with demonstrated expertise in addressing
the education or training needs for individuals with barriers to employment;
2. Governmental and economic and community development entities who represent
transportation, housing, and public assistance programs;
3. Local area philanthropic organizations; and,
4. Other appropriate individuals based on the WIOA law and regulations as determined by
the BOS.
J. At least (1) representative from HSD shall be appointed by the BOS.
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K. Members of the MCWDB shall not be permitted to delegate any duties to proxies or alternates.
L. Membership on the MCWDB shall be on an unpaid, volunteer basis.
M. No matter how many membership categories an individual represents, the individual is only
entitled to one vote.
Section 2.
Nominations
A. The CEO is responsible for MCWDB member recruitment and nominations.
B. At the request of the CEO, the MCWDB, or its designee, may assist in the solicitation of
applications and nominations for MCWDB membership in accordance with representation
needed.
A.C. Nominees who are intended to serve as representatives of business in the local area must be
appointed from among individuals nominated by business organizations and business trade
associations.
B.D. Nominees who are intended to serve as representatives of labor must be appointed from among
individuals nominated by local labor federations.
E. For the other mandated categories, nominees must be appointed from among individuals
nominated by a senior executive from the agency or institution of employment or affiliation.
F. For the mandatory category of adult education and literacy, a solicitation of nominations will be
based on a solicitation of Local Workforce Area providers of adult education and literacy
activities under WIOA Title II.
G. For the mandatory category of higher education institutions, a solicitation of nominations will be
based on a solicitation of institutions of higher education providing workforce development
activities.
C.H. D. For the non-mandated categories, a solicitation of nominations will be handled by: 1.
Solicitation of community-based organizations (CBOs). Representative nominations from local
CBOs must be qualified by being workforce-centered and having demonstrated positive
performance for at least three to five years in the community.
2. Solicitation of nominations from other optional representatives with a workforce
mission/focus must hold promise for beneficial partnerships.
F. Nominees shall meet the qualifications of the membership category for which they are applying.
Nominees shall confirm their qualifications for the membership category for which they are
applying in writing. Nominating organizations shall confirm the same.
G. Members shall notify the MCWDB and the Maricopa County Clerk of the BoardHSD if they no
longer meet the qualification criteria required by WIOA for their position on the MCWDB.
H. All vacancies shall be publically noticed on the HSD website for at least one week prior to the
deadline for applications. When vacancies occur, HSD shall notify the Maricopa County Clerk of
the Board (COB) on behalf of the BOS.
I.
All vacancies shall be publicly noticed on the Maricopa County website.
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Written applications and, when applicable, nominations must be submitted to HSDthe Maricopa
County Clerk of the Board.
J.
HSD in consultation with the Chair shall review nominations and jointly confirm eligibility of the
nominee(s). They may receive input from interested parties. After confirming eligibility of an
acceptable candidate, HSD shall present the name of a recommended nominee for a position to
the COB on behalf of the BOS for review and approval.
Section 3.
Appointments
A. A. The BOS shall appoint each member of the MCWDB.
A.B. Notification of appointments will be evidenced within the minutes of the BOS meetings.
Section 4.
Term of Office
A. The BOS shall initially retain and appoint the WIA Maricopa Workforce Connections board
members, as long as they meet the WIOA criteria, to the MCWDB until June 30, 2016.1 The
nomination process shall be effective to all subsequent appointments.
B. Of those members initially appointed, one-third (1/3) shall be appointed to a one year term,
one-third (1/3) shall be appointed to a two year term, and one-third (1/3) shall be appointed to
a three year term by the BOS. The appointment terms shall be proportionately distributed in
each category of membership and determined by lot.
C.A. Thereafter, mMembers appointed to the MCWDB shall serve three- year terms, except vacancy
appointees who shall serve the remaining term of their predecessor. Upon expiration of his or
her term, any WDB Member may continue to serve until the BOS takes action.
D.B. Appointments will be staggered to the extent possible to ensure only one-third (1/3) of the
membership expires in a given year.
Section 5.
Resignations
A. Resignation by MCWDB members shall be submitted in writing to the MCWDB Chair, HSD, and
the Clerk of the Boardthe BOS. A member’s resignation is effective when accepted by the BOS.
B. An agenda item will be placed on the next MCWDB meeting for the MCWDB to acknowledge
that member’s resignation.
Section 6.
Terminations
MCWDB members serve at the pleasure of the BOS. BOS may remove a member for any reason
including but not limited toof the following reasons:
A. Failure to attend MCWDB meetings as required in these bylaws.
1 This is in accordance with the WIOA Technical Amendments Act.
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B. Failure to comply with the Conflict of Interest and Ethics as required by WIOA, A.R.S. §38-502 et
seq., and Maricopa County Internal Policy HR2421.
C. Recommendation by HSD in consultation with the Chair based on the following cases:
D.C. Failure of a member to continue to hold the qualifications of membership which were the basis
for their initial appointment.
D. Documented malfeasance, fraud, or abuse.
E. Knowingly and intentionally acting in a manner that prohibits compliance with Federal
law, State policy, or requirements set forth by the Workforce Arizona Council (WAC) or
Department of Economic Security (DES). Examples include but are not limited to failing
to meet deadlines and failing to provide requested information.
E. Failure to represent the MCWDB in a manner deemed appropriate.
F. Removal of a WDB member shall require a formal vote of the BOS.
Section 7.
Vacancies
A. A member's position on the MCWDB shall become vacant upon failure to attend regularly
scheduled meetings as required in these bylaws, his or her death, resignation, by operation of
law, or upon removal by the BOS.
B. All efforts shall be made to fill MCWDB vacancies shall be filled within 120 days of the vacancy by
the BOS.
C. If a vacancy occurs by other than an expiration of term, the vacancy shall be filled by
appointment by the BOS for the unexpired portion of the term.
D. In the event a vacancy cannot be filled within 120 days, HSD BOS designated staff shall request a
waiver in writing to the Director of the State Workforce Development Board with an explanation
of why a vacancy was not filled in the 120-day timeframe and a description of the process
underway to fill the vacancy. HSD Maricopa County must maintain written approval of the waiver
request by the Director of the State Workforce Development Board for State monitoring
purposes E. Positions will be filled in compliance with WIOA and these Bylaws.
F. Nominees for a vacancy shall meet the same membership requirement as the outgoing member or
the criteria needed to fulfill the Board composition requirements of WIOA.
Section 8.
Reappointments
A. Reappointments are not guaranteed.
A.B. Reappointments must be made within 120 days of the term expiration.
B.C. The nomination process will be the same as outlined in these bylaws.
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Section 9.
Compensation
A. Members of the MCWDB shall serve without compensation except for any pre-authorized travel
expenses incurred in connection with their duties, including transportation, meals, and lodging;
in accordance with WIOA and all applicable Maricopa County policies and regulations.
B. The BOS through the Fiscal AgentHSD is authorized to reimburse those expenses identified in (A)
post-travel to the extent such expenses are allowable and reimbursable under WIOA and all
applicable Maricopa County policies and regulations.
ARTICLE VII.
OFFICERS AND THEIR ELECTION
Section 1.
Officers
A. The officers of the MCWDB shall be Chair, Vice Chair, and Second Vice Chair.
B. There may be an Immediate Past Chair of the MCWDB, which shall be a business member of the
MCWDB.
C. There shall be elected one (1) individual to serve in each designated office.
D. The Chair of the MCWDB shall be selected from among the Business representatives.
E. The remainder of the officers may be elected from any of the representative groups.
Section 2.
Election and Term of Officers
A. Except for the initial two (2) elections, aAll officers shall be elected for two -year terms by a
majority vote of the current membership of the MCWDB.
B. Initial Election of the Chair, Vice Chair, and Second Vice Chair shall be to serve until June 30,
2016.
C. In order to stagger officer terms, the election for the term beginning July 1, 2016 shall be as
follows:
1. The Chair shall be elected for a two (2) year term.
2. The Vice Chair and Second Vice Chair shall be elected to a one (1) year term.
3. Thereafter, all officers’ terms shall be for two (2) years.
D.B. Elections shall be held at the last regularly scheduled meeting of each Program Year.
E.C. The terms of office shall begin on July 1 of each year.
F.D. At its option, MCWDB may elect an Immediate Past Chair whose term shall be one (1) year.
G.E. If a vacancy occurs by other than an expiration of an Officer term, the vacancy shall be filled for
the unexpired portion of the term using the process outlined in Section 1 of this Article.
Section 4.
Duties of Officers
A. Chair. The MCWDB Chair shall:
1. Preside over all regular, special, and Executive Committee meetings of the MCWDB;
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2. Serve as Chair of the Executive Committee of the MCWDB;
3. Encourage best and broadest participation possible from all Board members;
4. Provide information for the preparation of the agenda for MCWDB meetings;
5. Appoint all committee Chairs and committee members, in consultation with HSD;
6. Work cooperatively with HSD BOS assigned staff to provide information on workforce
development in the local area;
7. Review, and/or appoint a MCWDB workgroup;
8. Represent the MCWDB as appropriate; and
9. Assign and delegate such responsibilities as needed.
B. Vice Chair. The MCWDB Vice Chair shall:
1. In the absence of the MCWDB Chair, perform all the duties of the MCWDB
Chair; and
2. Assign and delegate such responsibilities as directed by the MCWDB Chair.
C. Second Vice Chair. The MCWDB Second Vice Chair shall:
1. In the absence of the MCWDB Chair and MCWDB Vice Chair, perform all
duties of the MCWDB Chair; and
2. Assign and delegate such responsibilities as directed by the MCWDB Chair.
D. Immediate Past Chair. The MCWDB Immediate Past Chair shall:
1. Mentor the Chair in the transition period regarding Board operations.
Section 5.
Removal of Officers
Any Officers may be removed from office for cause and a vote of majority of at least two-thirds (2/3) of
the current members of the MCWDB.
ARTICLE VIII.
COMMITTEES
Section 1.
General
A. All committees established under the MCWDB shall comply with these bylaws.
B. The Chair of any Standing Committee shall be appointed by the Chair of the MCWDB for a term
coinciding with the MCWDB Chair’s term.
C. All actions of MCWDB Standing Committees, and other ad-hoc committees, and workgroups are
advisory to the MCWDB.
D. Chairs of Standing Committees, in consultation with the MCWDB Chair, shall prepare the agenda
for Standing Committee meetings.
E. Members who are designated as a One-Stop Career Center Operator shall not serve on any
Standing Committee that deals with the oversight of the Job Center or One-Stop system or
allocation of resources that would potentially be allocated to that member’s program or might
otherwise be the basis of a conflict of interest as outlined in these bylaws.
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F. Resignations of committee members are effective when accepted by the MCWDB Chair.
Section 2.
Executive Committee
A. The Executive Committee shall be comprised of the following Board members: Chair, Vice Chair,
Second Vice Chair, Youth Committee Chair, the Chair of any other Standing Committee, and up
to two other MCWDB members appointed at the discretion of the MCWDB Chair.
B. If the Immediate Past Chair position is filled, this position shall also be on the Executive
Committee.
C. The Executive Committee shall always be comprised of an odd number of members
D. The MCWDB Chair shall serve as Chair of the Executive Committee.
E. Responsibilities of the Executive Committee shall include:
1. Report on all action taken by the committee at regularly scheduled MCWDB meetings;
i. Emergency actions and all other actions taken by the Executive Committee
without the prior approval of the full MCWDB are conditional and subject to
either ratification or rescission by the full MCWDB at its subsequent meeting.
2. In consultation with BOS assigned staffHSD, make recommendations for membership to
the Youth Committee, Standing Committees, and other committees in compliance with
membership requirements as outlined in the WIOA;
3. Determine responsibilities of all Standing Committees, and other ad-hoc committees,
and workgroups and review work plans of such bodies; and
4. Perform other duties as the MCWDB may deem necessary.
Section 3.
Standing Committees
A. The MCWDB shall have at least one Standing Committee, which is the Youth Committee.
B. To the extent possible, Standing Committees shall be comprised of the required MCWDB
representative categories as outlined in WIOA.
1. Each Standing Committee shall be chaired by a member of the MCWDB.
2. Each Standing Committee shall have one (1) non-member of the MCWDB.
i. This individual must have appropriate experience and expertise for the
Standing Committee they are appointed to.
ii. This individual shall be voting members of the Standing Committee they serve
on.
3. Each Standing Committee shall have a minimum of three (3) MCWDB members
appointed to serve on the committee.
C. All members of Standing Committees shall be appointed by the MCWDB Chair in consultation
with the Executive Committee and HSDBOS assigned staff.
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Section 4.
Youth Committee
A. The Youth Committee shall be a WDB Standing Committee comprised of a minimum of five (5)
members appointed by the WDB.
A.B. Responsibilities of the Youth Committee shall include, but not be limited to the following:
1. Conduct monitoring and evaluation of youth services, activities and grants or contracts
funded by the WIOA and other funding procured by the MCWDB;
1. Provide feedback regarding youth services design framework;
2. Inform, assist, and make recommendations to the Executive Committee and the full
MCWDB in developing and overseeing a comprehensive youth program and eligible
providers for those programs regarding youth services;
3. Foster integration and collaboration of youth activities in the local workforce
development area; and
4. Report back to the full MCWDB on issues as directed by the full MCWDB.
B.C. The term of each Youth Committee member shall coincide with the term of the MCWDB Chair.
Section 5. Other Ad-Hoc Committees
A. The MCWDB may from time to time establish other ad-hoc committees to assist the MCWDB in
carrying out its duties or current work.
The MCWDB Chair may from time to time establish workgroups to assist the MCWDB in carrying
out its duties or current work and appoint a MCWDB member as Chair of that workgroup.
B. Ad-hoc committeesWorkgroups may include individual(s) who are not appointed to the MCWDB
so long as the MCWDB Chair determines the individual(s) has expertise in the topic/task of such
body.
C. All members of other ad-hoc committees shall be appointed by the MCWDB Chair in
consultation with the Executive Committee and HSDBOS assigned staff.
ARTICLE IX.
MEETINGS
Section 1.
Public Meetings
A. All meetings of the MCWDB, including its committees and workgroups shall be conducted
in compliance with Open Meeting Law (Arizona Revised Statutes 38-431 et seq.). Meetings
shall be open, and it shall be a stated policy that interested citizens or groups will be heard
on workforce development matters.
B. Where these bylaws and other applicable law do not afford an adequate procedure in the
conduct of a meeting, the MCWDB Chair may refer to Robert’s Rules of Order as a guide.
B.C. C. The MCWDB shall meet not less than six times per year.
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D. Regular meetings of the MCWDB and its standing committees as determined by the Executive
Committee shall be published in an annual schedule of meetings in June for the period of July 1st
to June 30th of the upcoming program year.
E. Special meetings of the MCWDB or its committees may be called by the MCWDB Chair or any
other officer of the MCWDB.
F. Phone- and web-based meetings and other use of appropriate technology may be used to
promote and enhance MCWDB member participation in conjunction with face-to-face, in-person
meetings when applicable. The agenda may state the means of connection to the meeting if
participation via phone or other electronic means is being utilized. MCWDB members
participating in a telephone conference call or other electronic means shall be clearly identified
in the minutes.
G. The agenda for MCWDB meetings shall be developed by the MCWDB Chair of officer calling the
meeting in consultation with HSD staff.
H. The MCWDB Chair or officer calling the meeting shall be responsible for orderly business of
meetings and for calling items on the agenda.
H.I. Within three (3) business days of any WDB meeting, including its committees and workgroups,
the WDB staff shall make available the meeting minutes on the WDB website.
Section 2.
Quorum
A. A simple majority of appointed members shall constitute a quorum for the transaction of
business at all MCWDB and designated standing committee meetings; vacant positions shall not
be counted when determining quorum.
B. A meeting at which a quorum is initially established may not continue to transact business or to
discuss business if the quorum is not maintained due to the withdrawal or departure of
members.
Section 3.
Voting
A. Each member of the MCWDB shall be entitled to one vote on an action.
B. No member of the MCWDB shall cast a vote on any matter which has direct bearing on services
to be provided by the member or any organization with which that member is associated, or
would otherwise be the basis for a conflict of interest, as outlined in these bylaws.
C. Action brought before the MCWDB shall be resolved by a vote of a simple majority of the
members present, provided a quorum is present.
C.D. Members recusing or abstaining from a vote due to an identified conflict of interest shall be
counted as “absent” from the vote, so as not to inadvertently affect the desired outcome of the
majority of voting members.
D.E. At the request of any member, or at the discretion of the MCWDB Chair, a roll-call or ballot vote
may be taken for any action of the MCWDB. The outcome of voting shall be recorded in the
minutes of the MCWDB.
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Section 4.
Attendance
A. All MCWDB members are expected to attend regularly scheduled meetings.
B. More than three consecutive absences from regularly scheduled meetings by any member
during any 12-month program period (July 1 – June 30) shall result in the removal of the
member from the MCWDB.
C. Any four absences from regularly scheduled meetings during a twelve- month period by any
member during any 12-month program period (July 1 – June 30) shall result in the removal of
the member from the MCWDB.
D. Within seven (7) days of notification of attendance policies violation a member may provide a
written explanation to HSD MCWDB staff on the reason for the absences.
E. Exceptions to attendance policies may be made by BOS appointed staffHSD due to special
circumstances.
ARTICLE X.
CONFLICT OF INTEREST AND ETHICS
Section 1.
Conflict of Interest
A. The MCWDB shall follow Arizona Law on Conflict of Interest as set forth in Arizona Revised
Statutes, Section 38-501 et seq.
B. MCWDB member may not vote on any matter that would provide direct financial benefit to the
member or the member’s immediate family, or on matters of the provision of services by the
member or the entity the member represents.
C. MCWDB member must avoid even the appearance of a conflict of interest. Prior to taking office,
MCWDB members must provide to the MCWDB Chair and to HSD a written declaration of all
substantial business interests or relationships they, or their immediate families, have with all
businesses or organizations that have received, currently receive, or are likely to receive
contracts or funding from the MCWDB. Such declarations must be updated annually or within
30 days to reflect any changes in such business interests or relationships. MCWDB must appoint
an individual to review the disclosure information in a timely manner and advise the MCWDB
chair and appropriate members of potential conflicts.
D. Prior to a discussion, vote, or decision on any matter before MCWDB, if a member, or a person
in the immediate family of such member, has a substantial interest in or relationship to a
business entity, organization, or property that would be affected by any official MCWDB action,
the member must disclose the nature and extent of the interest or relationship and must abstain
from discussion and voting on or in any other way participating in the decision on the matter. All
abstentions must be recorded in the minutes of the MCWDB meeting and be maintained as part
of the official record.
E. It is the responsibility of the MCWDB members to monitor potential conflict of interest and bring
it to the MCWDB’s attention in the event a member does not make a self-declaration.
F. In order to avoid a conflict of interest, MCWDB must ensure that the MCWDB’s workforce
service providers for WIOA Title IB adult, dislocated worker, and youth programs must not
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employ or otherwise compensate a current or former MCWDB member or MCWDB employee
who was employed or compensated by the MCWDB or its administrative entity, fiscal agent, or
grant recipient anytime during the previous 12 months.
G. The MCWDB shall ensure that the MCWDB, its members, or MCWDB staff do not have any
supervisory responsibility for the daily activities of its workforce service providers, workforce
system partners or contractors. There must be a complete separation between governance
functions and operating functions within an organization including different reporting
structures.
G.H.
Notwithstanding the foregoing, MCWDB members, or the organizations to which they
belong, may receive services as a customer of Maricopa County Workforce Development or any
formal workforce system partner.
Section 2.
Ethics
A. MCWDB shall comply with the Maricopa County Internal Policy on Professional Conduct
(HR2421). MCWDB Members who violate this policy may be removed from MCWDB.
ARTICLE XI.
CONFLICT RESOLUTION
A. Conflict which arises between MCWDB members will be resolved through Article IX, Section 3-C
of these bylaws. the MCWDB Executive Committee. If the conflict involves members of the
Executive Committee and/or if a resolution cannot be reached by the Executive Committee,
then the resolution shall be reached pursuant to the process stated in Article XI, B.
B. Except as may otherwise be provided for by law, or otherwise specifically agreed upon to by
service delivery partners and/or consortium partners (Partners), any dispute not involving the
question of law that is not resolved between the parties within a reasonable time shall be
submitted to the following Maricopa County’s dispute process:
1. Disputes must be Filed with the Program Administrator administering the Program, if
one has been appointed, or if not, with BOS assigned staffthe Assistant Director of HSD.
2. The Program Administrator or BOS assigned staffAssistant Director of HSD shall respond
in writing to the dispute within fourteen (14) days.
3. The Partners may abide by the decision or may appeal the decision to the County
OmbudsmanDirector of HSD within seven (7) days.
4. The decision of the County OmbudsmanDirector of HSD shall be final unless appealed
timely pursuant to A.R.S. §12-904.
ARTICLE XII.
AMENDMENTS
Section 1.
Amendments
A. Amendments to the WDB Bylaws may be necessary from time to time. Any proposed changes
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to the Bylaws must:
a. Be submitted to the Maricopa County Attorney for legal review;
b. Approved by the WDB;
c. Receive final approval by the BOS.
B. Each time the Bylaws are amended, a copy of the updated Bylaws will be distributed to all
WDB members, the BOS, County Attorney, and will be posted on the ARIZONA@WORK
MARICOPA COUNTY website.
A. These bylaws may be amended by the BOS on its own motion or upon request from the
MCWDB.
B. Before the MCWDB considers an amendment, the proposed amendment must be:
a. Noticed in writing to MCWDB membership 30 days in advance of the meeting at which
the amendment is to be considered.
b. Reviewed by the Director of HSD and
c. Reviewed by MCAO.
C. A request to amend these bylaws must be approved by a majority of the MCWDB. Once passed,
the request shall be forwarded to the BOS. An amendment is effective only when approved by
the BOS.
ARTICLE XIII.
SEVERABILITY
If any part of these bylaws is held to be null and/or void, the validity of the remaining portion of the
bylaws shall not be affected.