Under law, the Lancaster County Workforce Investment Board has oversight responsibility for the PA CareerLink of Lancaster County. PA CareerLink operations must follow the Strategic and Operating Plans of the Workforce Investment Board. The Performance Review Committee of the Board sets performance measures and goals for the PA CareerLink.

A six-member Operators Consortium provides the overall governance for the PA CareerLink with representatives from the Lancaster Employment and Training Agency, the Lancaster County Assistance Office, the Lancaster County Career and Technology Center, the Bureau of Workforce Development and Partnership, the Lancaster-Lebanon Intermediate Unit 13, and the Lancaster County Community Action Program occupying those seats on behalf of the 17-partner organizations.

LEO-WIB Memorandum of Understanding

Memorandum of Understanding
between
The Lancaster County Board of County Commissioners
and the
Lancaster County Workforce Investment Board
Regarding the Oversight and Administration of Activities
Under the Workforce Investment Act of 1998
and
Programs of the Pennsylvania Department of Public Welfare

____________________________________________________

This Memorandum of Understanding is made and entered into by and between the Lancaster County Board of County Commissioners, who are the Local Elected Officials of the Lancaster County Workforce Investment Area as designated by the Commonwealth of Pennsylvania, and the Lancaster County Workforce Investment Board, hereinafter referred to as the Board, the private non-profit organization duly-appointed by the Local Elected Officials and certified by the Governor of the Commonwealth to oversee and administer workforce development activities under the Workforce Investment Act of 1998 (Public Law 105-220, August 7, 1998) and the 2005 Unified Plan for Workforce Investment of the Commonwealth as well as the guidelines of the programs funded by the Pennsylvania Department of Public Welfare (DPW).

The Parties and Their Roles

Board of County Commissioners

As outlined in the Workforce Investment Act and subsequent Commonwealth plan, the Board of County Commissioners receives the funds allocated to Lancaster County under sections 128 and 133 of the Workforce Investment Act and the DPW guidelines and bears the responsibility for their proper use. The County serves as the recipient of funds and provides services through the Board, contractors, and the one stop operator(s) as described in the plan pursuant to the Act and DPW guidelines; rules and regulations promulgated to carry out the purposes of the Act and DPW guidelines; and applicable federal, state, and local laws, rules and regulations.

Signatories

The Commissioners who sign this modified Memorandum of Understanding are the current members of the Lancaster County Board of County Commissioners.

Responsibilities

Responsibilities of the Board of County Commissioners according to the provisions of the Act relate to the formation of the Board and the ongoing approval of Board members, the management of Title I Workforce Investment Act and Department of Public Welfare funds, its participation in Board planning activities, its review and approval of various required Board documentation, and its role in hearing and resolving grievances that might arise within the system.

• Appointment of Board Members
  
  Composition. The Board consists of at least a majority of private sector representatives, including representatives from employers in the region with key industry clusters or economic sectors, both critical and emerging, and an appropriate mix of small, medium and large firms adequately representing, to the extent possible, urban, suburban and rural interests. It also includes at least two representatives of local educational entities; at least two representatives of labor organizations; at least two representatives of community-based organizations; and at least two representatives of economic development agencies. The Board also includes investors, by virtue of their financial, presences or in-kind support, in the Lancaster County CareerLink, the area’s one-stop service center. Other local elected officials also serve on the Board. Members of the board are individuals with optimum policy-making authority within the organizations, agencies, or entities they represent.
  
  Nomination. The Executive Director acting on behalf of the Board of County Commissioners contacts various entities in the local area for nominations to appoint members and or fill vacancies. All nominations must be in writing on an official letterhead to the Board of County Commissioners from the appropriate group(s).
  
  Every effort is made to assure that the Board represents the overall demographic composition of the County.
  
  Business representatives are selected from among individuals nominated by the Board of Directors of the Lancaster Chamber of Commerce and Industry or the Steering Committees of the various industry partnerships operated by the Workforce Investment Board and include owners of businesses, chief executives or operating officers of businesses, and other business executives with optimum policy-making or hiring authority. They represent businesses with employment opportunities that reflect the employment opportunities of the local area.
  
  Regional or local educational agencies, institutions, or organizations representing such local educational entities including local school boards, entities providing vocational education, entities providing adult education and literacy activities, and post-secondary educational institutions nominate local educational representatives.
  
  Labor representatives are selected from among individuals nominated by Central Labor Council.
  
  The official letter of nomination from the agency, group or organization nominating the individual must be kept on file in the Board offices.
  
  Leadership. The Board elects a Chair, other officers, and committee chairs for the Board from among the representatives of the business sector only.
  
  General Provisions. Individuals serving on the local Board who subsequently retire or no longer hold the position that made them eligible board members may not continue to serve on the Local Board as a representative of that segment. Members should be appointed for staggered terms. Vacancies resulting from resignations or removal of mandatory members must be filled within 90 days.
  
  Certification. The Bureau of Workforce Development Partnership certifies, on behalf of the Governor, the Board upon determination that the composition of the Board and the appointment of the individuals to the Board are consistent with the criteria established in Section 117 of the Workforce Investment Act of 1998 and by the Governor. Subsequent certifications of the Board are once every 2 years by the Pennsylvania Workforce Investment Board on behalf of the Governor.
  
  In addition to compliance with composition requirements, the Pennsylvania Workforce Investment Board, on behalf of the Governor, considers the extent to which the Board has ensured that workforce investment activities carried out in the local area have enabled the local area to meet the local performance measures in the certification process. If the Board fails to achieve certification, the Commissioners are required to reappoint and submit a membership listing following the procedures outlined above.
  
  
• Participation in Board Planning Activities
  
  On a regular basis, one of the Commissioners represents the Commissioners as a member of the Executive Committee of the Board. The Commissioners participate in other activities of the Board as their schedules allow.
  
  
• Oversight of Board Documentation Submitted to the Commonwealth
  
  At minimum, the Commissioners approve the on-going Board Strategic Plan, the annual Operating Plan of the Board, the Annual Welfare Plan, and the Combined Business Plan and Agreement of the CareerLink Operators as they are amended or revised.
  
  In addition, the Commissioners through their designee, the Executive Director of the Board, submit annually to the Department of Labor and Industry an updated and current Local Board membership list. The list is submitted between January 1 and January 15 of each calendar year. A form provided by the Department of Labor and Industry must be used. The form, to be accepted, must include the names of the individuals appointed as members of the Local Board, their title, company or agency name, address, telephone, E-mail and fax numbers, appointment date, term expiration date, and sector representation. The list also indicates the name of the elected Board Chair and other officers.
  
  
• Hearing and Resolving Grievances
  
  The County also provides a system to hear grievances and resolve issues that may arise in relation to the Board and its functions. Normally, the Board of County Commissioners appoints one of its number to serve as the hearing officer and arbitrator of the situation.
  
  
• Loaned Staff
  
  For the sake of continuity with past operations of the local workforce system, the County has at the request of the Board assigned a senior County employee to function as Deputy Director of the Lancaster County Workforce Investment Board. At the termination of that person’s employment for any reason, the Board may request the assignment of another employee or pursue other options as it sees fit.
  
  

Reimbursement

In order to carry out its responsibilities, the County provides a variety of support resources, including but not limited to, data processing, legal, fiscal, and planning for which it shall receive reasonable reimbursement.

Liability

As grant recipient and Fiscal Agent, the County accepts responsibility for the management, operations, and compliance with all laws and federal regulations related to the operation of the system described in this Memorandum of Understanding. The County agrees to accept liability of any kind, including cost and expenses for or on account of any litigation brought against the County and/or the Board for damages to any person or property by virtue of the County’s performance of its fiscal responsibilities delegated under this Memorandum of Understanding.

The parties to this Memorandum of Understanding agree that, in the event a liability results from a subcontractual agreement with another party, all methods for pursuing collection of the disallowed costs will be exhausted prior to requesting assistance from the Department of Labor and Industry and the Department of Public Welfare for any debt collection.

County Controller

Following the Workforce Investment Act legislation, the Board of County Commissioners appoints the County Controller as the Fiscal Agent for the Title I Workforce Investment Act and Welfare funds allocated to the County as indicated above. The fiscal agent disburses funds at the direction of the Lancaster County Board, pursuant to the requirements of the legislation.

Signatory

The representative of the fiscal agent who signs this Memorandum of Understanding is the County Controller.

Responsibilities

The County Controller functions as Fiscal Agent receiving and holding Title I and Welfare funds; disbursing funds, according to accounting policies and principles established by the County; receive purchase orders and process invoices for payment; and process checks for payroll, individual training accounts and other requests. The County assigns a Fiscal Officer and any other appropriate staff to the Board and the CareerLink Operators for the following purposes:

• Assist in the preparation of the System Budget, Title I and Welfare Operator Budget, and WIB Budget;
• Assist in the preparation of the Resource Sharing Agreement and CareerLink budget;
• Review and process expenditures for County Controller payment on behalf of the Title I and Welfare Operator and Workforce Investment Board;
• Oversee the Workforce Investment Board’s financial systems;
• Under the guidance of the Local Management Committee and with the approval of the Workforce Investment Board contracts with subcontractors for the provision of services using Welfare funding;
• Invoice providers and partners on behalf of the Fiscal Agent, Title I and Welfare Operator and CareerLink;
• Monitor and oversee budget expenditures;
• Track, report, and draw expenditures for grants received by the Workforce Investment Board and/or the County of Lancaster related to Workforce Investment and Welfare activities;
• Conduct Fiscal Monitoring for contracts issued by the County of Lancaster and/or the Workforce Board on behalf of the WIA and Welfare Fiscal Agent;
• Complete fiscal reports required by the County of Lancaster, the Commonwealth of PA and/or the US Department of Labor (or other grant sources as received);
• Review, prepare and process the fiscal aspects of individual training accounts;
• Prepare purchase orders on behalf of the Title I and Welfare Operator;
• Oversee inventory control and property management for the Title I and Welfare Operator;
• Act as liaison between the Title I and Welfare Operator and County Human Resources for Personnel matters;
• Initiate payroll processing for the Title I and Welfare Operator.

Because the Fiscal Officer is located within the CareerLink, the County Controller has designated the Title I Operator (a County of Lancaster Department Head) to sign the Fiscal Officer’s time and attendance documents on that person’s behalf.

Lancaster County Workforce Investment Board

Appointed by the Board of County Commissioners, the Board is the locally-appointed entity that has the responsibility for administering the Title I Workforce Investment Act and Welfare funds that are received by the County; for implementing and overseeing mandated services, including the Lancaster County CareerLink; for conducting annual monitoring of the Title I and Welfare Operator fiscal system, for working with economic development and other community systems to further workforce development; and for working with the Commonwealth to improve labor market information.

The Board strives toward its locally agreed upon mission, vision and goals, arranging for the provision of required services in the most effective and efficient manner possible and meeting all performance measures established by the Pennsylvania Workforce Investment Board and the Pennsylvania and United States Departments of Labor. See Attachment I for the official Bylaws of the Board.

Signatories

The current Chair of the Lancaster County Workforce Investment Board signs this Memorandum of Understanding for the Board.

Responsibilities with the Board of County Commissioners

There are certain activities that the Board carries out on behalf of the Board of County Commissioner, often involving reporting to the Commonwealth that must be reviewed and sometimes approved by the Commissioners.

• In partnership with the Board of County Commissioners, the Board develops and submits a comprehensive 5 year local plan consistent with the State plan to the Governor;
• As required, the Board submits Operating Plans to the Governor with the approval of the Board of County Commissioners;
• For the purpose of carrying out the duties of the Board, the Board develops an Annual Operating Plan and a budget for its own administration and for the use of all Title I Workforce Investment Act monies that must be approved by the Board of County Commissioners by June 15 of each year;
• With the agreement of the Board of County Commissioners, the Board designates the CareerLink Operators (consistent with criteria established by the Pennsylvania Workforce Investment Board) and may terminate for cause the eligibility of the CareerLink Operators;
• On behalf of the Board of County Commissioners, the Board negotiates and reaches agreement with the Pennsylvania Workforce Investment Board on behalf of the Governor on local performance measures;
• With the consent of the Board of County Commissioners, the Board appoints a Youth Council as a subgroup of the Board responsible for recommendations to the Board concerning youth programs and issues. A complete description of the Youth Council and its programs is included in Attachment II;
• With the consent of the Board of County Commissioners, the Board appoints a Local Management Committee using guidelines from the Pennsylvania Department of Public Welfare to guide the delivery of Welfare programs in the local workforce investment area.

Responsibilities of the Board

Other activities are the responsibility of the Board as defined in the State Plan of Implementation of the Workforce Investment Act and the policies and procedures of the Pennsylvania Department of Public Welfare.

• To ensure comprehensive services, the Board identifies eligible providers of intensive and training services for adults and dislocated workers and contracts for services that may be needed outside of the CareerLink operation;
• In its oversight role, the Board monitors the operation of all local programs of youth, adult, and dislocated worker activities that are a part of the CareerLink delivery systems and authorized under Title I of the Workforce Investment Act and the Department of Public Welfare;
• Based on the recommendations of the Youth Council, the Board identifies eligible providers of youth activities and awards grants or contracts on a competitive basis as appropriate;
• Based on the recommendations of the Local Management Committee, the Board through the Committee is responsible for the delivery of services, the provision of case management, the offering of supportive services, and the job placement and job retention strategies for the programs funded by the Department of Public Welfare;
• As a source of local labor market information, the Board assists the Pennsylvania Department of Labor and Industry in developing a statewide employment statistics system;
• Through its local planning efforts, the Board coordinates the workforce investment activities authorized under the Workforce Investment Act with local economic development strategies including those of the Pennsylvania Department of Community and Economic Development and other local entities;
• With its connections to the private sector, the Board promotes the participation of private sector employers in the statewide workforce investment system through the connecting, brokering, and coaching activities to assist employers in meeting their needs;
• To fulfill its mission, the Board employs an Executive Director who functions as the Chief Executive Officer of the Board, hiring staff and committing resources as authorized;
• In addition, the Local Board may solicit and accept grants and donations from any and all sources other than Federal funds made available under Title I of the Workforce Investment Act and from the Pennsylvania Department of Public Welfare.

Restrictions

There are a number of activities that may not be undertaken by the Board under any circumstances and certain ethical requirements of Board members.

• The Board may not provide core, intensive, or training services or be designated or certified as a CareerLink Operator;
• The Board may not attempt to mandate curricula for schools;
• All Board meetings must be conducted in concert with Sunshine Law provisions. See Attachment III for the complete Board-approved policy;
• A Board member may not vote on a matter under consideration by the Board regarding provision of services by the member or the entity the member represents; matters that would provide direct financial benefit to the member, his/her immediate family; or a business with which the member or his/her immediate family is associated or any other activities that would be in conflict with the conflict of interest prohibitions outlined in the State Plan.
  
  Conflict or conflict of interest does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation, or other group which includes the Local Board member or a member of his immediate family, or a business with which he or a member of his immediate family is associated.

Disputes

In the event that an impasse should arise between the Board of County Commissioners, the County Controller, and/or the Board regarding the terms and conditions, the performance, or administration of this Memorandum of Understanding, the parties agree to attempt to resolve disputes by mutually satisfactory negotiations in lieu of litigation. Continued performance during disputes is assured.

This clause does not preclude consideration of law questions in connection with decisions provided above provided that nothing in this Memorandum of Understanding is construed as making final the decisions of any administrative official, representative, or board on a question of law.

Modification Process

Any modifications to this Memorandum of Understanding, to be valid, must be in writing, signed and dated under the conditions agreed upon by all of the parties, and attached to the original Memorandum of Understanding. If any provision of the Memorandum of Understanding is held invalid, the remainder of the Memorandum of Understanding shall not be affected.

Merger

It is understood and agreed that the entire agreement between the parties is contained herein and that this Memorandum of Understanding supercedes all oral agreements and negotiations between the parties relating to the subject of the matter hereof. All items referred to in this Memorandum of Understanding are incorporated or attached and are deemed to be part of this Memorandum of Understanding.

Duration of the Memorandum of Understanding

This Memorandum of Understanding is entered into this 1st day of January, 2001 and was modified the 1st day of November, 2005 and the 1st day of October, 2007. The Memorandum of Understanding becomes effective as of the date of signing by the final signatory below, continues through December 2002, and is then automatically renewed from year to year unless terminated by any of the parties to the agreement. The Memorandum of Understanding may be terminated by any of the parties upon thirty (30) days of written notice to the other parties with cause or upon ninety (90) days of written notice to the other parties without cause.

Signatures

Lancaster County Commissioners

____________________________________________________
Dick Shellenberger, Chairman

____________________________________________________
Sharron Nelson

____________________________________________________
Molly Henderson

Date

Lancaster County Controller

____________________________________________________
Dennis Stuckey

Date

Lancaster County Workforce Investment Board

____________________________________________________
Linda Kreider, Chair

____________________________________________________
Scott J. Sheely, Executive Director

Date

modification #2