Arkansas Code
Subchapter 37 - Arkansas Workforce Innovation and Opportunity Act
§ 15-4-3711. Powers and duties of local workforce development boards

(a) The functions of a local workforce development board include:
(1)
(A) Developing and submitting a local workforce development plan to the Governor that meets the requirements in § 15-4-3713.
(B) If the local workforce development area is part of a planning region that includes other local workforce development areas, the local workforce development board shall collaborate with the other local workforce development boards and chief elected officials from the other local workforce development areas in the preparation and submission of a regional plan;

(2) Carrying out analyses of:
(A) Economic conditions in the region;
(B) Needed knowledge and skills for the region;
(C) The workforce in the region; and
(D) Workforce development activities, including without limitation education and training;

(3) Regularly updating the information analyzed under subdivision (a)(2)(A) of this section;
(4) Assisting the Governor in developing the statewide workforce and labor market information system, specifically in the collection, analysis, and use of workforce and labor market information for the region;
(5) Conducting other research, data collection, and analysis related to the workforce needs of the regional economy as the local workforce development board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions;
(6) Convening local workforce development system stakeholders to assist in the development of the local workforce development plan and in identifying nonfederal expertise and resources to leverage support for workforce development activities;
(7) Leading efforts to engage with a diverse range of employers and with entities in the region involved to:
(A) Promote business representation on the local workforce development board, particularly with representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region;
(B) Develop effective linkages, including without limitation the use of intermediaries, with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities;
(C) Ensure that workforce investment activities meet the needs of employers and support economic growth in the region by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; and
(D) Develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers, such as the establishment of industry and sector partnerships that provide the skilled workforce needed by employers in the region and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations;

(8) With representatives of secondary and postsecondary education programs, leading efforts in the local workforce development area to develop and implement career pathways within the local workforce development area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment;
(9) Leading efforts in the local workforce development area to:
(A) Identify and promote proven and promising strategies and initiatives for meeting the needs of employers, workers, and jobseekers, including without limitation individuals with barriers to employment, in the local workforce development system, including without limitation providing physical and programmatic accessibility for persons with disabilities; and
(B) Identify and disseminate information on proven and promising practices carried out in other local workforce development areas for meeting such needs;

(10) Developing strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, workers, and jobseekers, by:
(A) Facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local workforce development area;
(B) Facilitating access to services provided through the one-stop delivery system involved, including facilitating the access in remote areas;
(C) Identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills; and
(D) Leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment;

(11) In partnership with the chief elected official for the local workforce development area:
(A) Conducting oversight for local youth workforce investment activities, local employment and training activities, and the one-stop delivery system in the local workforce development area;
(B) Ensuring the appropriate use and management of funds; and
(C) Ensuring the appropriate use, management, and investment of funds to maximize performance outcomes;

(12) Negotiating and reaching agreement on local performance accountability measures;
(13) Selecting operators and providers, including:
(A) With the agreement of the chief elected official for the local workforce development area:
(i) Designating or certifying one-stop operators; and
(ii) Terminating for cause the eligibility of such operators;

(B) Both:
(i) Identifying eligible providers of youth workforce investment activities in the local workforce development area by awarding grants or contracts on a competitive basis, based on the recommendations of the youth standing committee; and
(ii) Terminating for cause the eligibility of such providers;

(C) Identifying eligible providers of training services in the local workforce development area;
(D) If the one-stop operator does not provide career services, identifying eligible providers of those career services in the local workforce development area by awarding contracts; and
(E) Working with the state to ensure that there are sufficient numbers and types of providers of career services and training services, including without limitation eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities, serving the local workforce development area, and providing the services involved in a manner that maximizes consumer choice, as well as providing opportunities that lead to competitive integrated employment for individuals with disabilities;

(14) Coordinating activities with education and training providers in the local workforce development area, including without limitation providers of workforce investment activities, providers of adult education and literacy activities, providers of career and technical education as defined in § 3 of the Carl D. Perkins Career and Technical Education Act of 2006, 20 U.S.C. § 2302, and local agencies administering plans under Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C § 701 et seq., other than 29 U.S.C. § 112 [repealed], 29 U.S.C. § 732, or 29 U.S.C. § 741;
(15) Annually assessing the physical and programmatic accessibility, in accordance with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., of all one-stop centers in the local workforce development area; and
(16)
(A) Developing a budget for the activities of the local workforce development board in the local workforce development area, consistent with the local workforce development plan and the duties of the local workforce development area, subject to the approval of the chief elected official.
(B) The chief elected official in a local workforce development area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local workforce development area under §§ 128 and 133 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. §§ 3163 and 3173, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear liability.

(b)
(1)
(A) In order to assist in the administration of the grant funds, the chief elected official or the Governor, when the Governor serves as the local grant recipient for a local workforce development area, may designate an entity to serve as a local grant recipient for such funds or as a local fiscal agent.
(B) A designation under subdivision (b)(1)(A) of this section shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds.

(2) The local grant recipient or an entity designated as the local grant recipient shall disburse the grant funds for workforce investment activities at the direction of the local workforce development board.
(3)
(A) The local workforce development board may solicit and accept grants and donations from sources other than federal funds made available under this subchapter.
(B) For purposes of this subchapter, a local workforce development board may incorporate, and may operate as an entity described in 26 U.S.C. § 501(c)(3) that is exempt from taxation under 26 U.S.C. § 501(a).

(c) The local workforce development board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the local workforce development board, including without limitation information regarding the local workforce development plan before submission of the local workforce development plan, and regarding membership, the designation and certification of one-stop operators, and the award of grants or contracts to eligible providers of youth workforce investment activities, and on request, minutes of formal meetings of the local workforce development board.
(d)
(1) The local workforce development board may hire a director and other staff to assist in carrying out the functions described in this section using funds available under 29 U.S.C §§ 3163(b) and 3173(b) as described in § 128(b)(4) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3163(b)(4).
(2) The local workforce development board shall establish and apply a set of objective qualifications for the position of director that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the local workforce development board.
(3) The director and staff described in this subsection are subject to the limitations on the payment of salaries and bonuses prescribed for level II of the Executive Schedule under 5 U.S.C. § 5313.

(e) A member of a local workforce development board or a member of a standing committee of a local workforce development board shall not:
(1) Vote on a matter under consideration by the local workforce development board:
(A) Regarding the provision of services by the member or by an entity that the member represents; or
(B) That would provide direct financial benefit to the member or the immediate family of the member; or

(2) Engage in another activity determined by the Governor to constitute a conflict of interest as specified in the state plan.