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HomeMy WebLinkAboutTriCountyEmploymentConsortium July 5, 1983 CHARTER OF THE LANSING TRI=COUNTY FMPLOYMENT AND TRAINING CORSORTIUM J � Jco Q V Z � � Q � U U of_U ~ O Z H � rn J AGREEMENT AND CHARTER of the LANSING TRI-COUNTY EMPLOYMENT AND TRAINING CONSORTIUM CHAPTER 1 : ESTABLISHMENT OF THE CONSORTIUM Pursuant to the Michigan Constitution of 1963 , Article VII , Section 28 , and 1967 PA 7 , as amended, being MCLA 124 . 501 , et seq. , the Lansing Tri-County Employment and Training Consortium is hereby established by the mutual agreement of the duly elected legislative bodies of the Cities of Lansing and East Lansing and the Counties of Ingham, Eaton and Clinton , Michigan , for the purpose of carrying out the programs under the Comprehensive Employment and Training Act of 1973 , as amended , and the Federal Job Training Partnership Act of 1982 , and the regulations promul- gated in relation thereto, as well as other employment and training functions and programs . CHAPTER 2 : PURPOSE OF THE CONSORTIUM The Lansing Tri-County Employment and Training Consortium (hereinafter referred to as the Consortium) shall carry out the provisions of the Federal Job Training Partnership Act of 1982 and the Comprehensive Employment and Training Act of 1973 , as amended, and the regulations promulgated in relation thereto (hereinafter referred to as the Act) , in order to provide job training and employment opportunities for economically disadvantaged, under- employed and unemployed persons in the Lansing tri-county regional area , and shall , to the maximum extent possible , insure that training and other services lead to employment opportunities and enhance self-sufficiency by establishing flexible local programs . The Consortium shall carry out, or shall contract for , employment and training programs and other services as required by the Act . The Consortium may receive funding from sources other than the Act in order to provide programs and/or services or to contract for programs and/or services for the purposes stated hereunder . CHAPTER 3 : LIABILITY-ASSETS AND SERVICE DELIVERY AREA Consistent with state and/or local law, each governmental unit signatory to this Agreement accepts the responsibility of the operation of programs as authorized under this Charter , and shall be held jointly and severally liable for use of funds obtained under this Charter . To the extent that funds , assets or resources of the constituent municipalities , other than federal funds , are contributed to the Consortium, and in the event of termination of the Consortium, such funds , assets or resources left after dissolu- tion shall be divided in equal shares and returned to each of the participating municipalities , regardless of the actual contribution made by said municipalities . All assets and liabilities of the Lansing Tri-County Regional Manpower Consortium shall be and are transferred in total to the Consortium upon the establishment of the same as provided hereunder . The service delivery area shall be as stated below: Population Clinton County . . . . . . . . . . . . . . . . . . . 55 , 893 Eaton County (less Lansing) . . . . . . . . . . . . . . 83 , 897 Ingham County (less East Lansing and Lansing) . . . . . 95 , 071 City of East Lansing . . . . . . . . . . . . . . . . . 51 , 392 City of Lansing . . . . . . . . . . . . . . . . . . . . 130 ,414 [ 2] that time , the Board shall elect a chairperson and two vice- chairpersons from among its members . These officers shall serve until the next meeting held in the succeeding January, when a new election shall take place . After the first election, all Board officers shall serve for one (1) year thereafter , and shall be eligible to serve for another term if elected. The Director of the Consortium shall act as secretary to the Administrative Board. The Board shall be empowered to adopt rules of order that do not conflict with any provision of this Charter , express or implied. In each meeting held in January , the Board shall set meeting dates , time and place for the remainder of the year for Board meetings . Meetings of the Administrative Board . The Board shall meet in an established place which is accessible to the public, and shall schedule at least one regular meeting in each month . The initial location of the business office of the Consortium shall be 1850 West Mt . Hope, Lansing, Michigan, 48910 , and may be changed from time to time by the Board. Consortium records shall be kept at its business office , and it shall be the mailing address . Special meetings of the Board may be called upon the request of any three (3) Board members to the Board Chairperson, submitted in writing a minimum of twenty-four (24) hours prior to the time requested for such a meeting, and upon notification to all Board members . Any special meetings of the Board which are convened shall be limited in scope to discussion of the specific issue for which the meeting was called and notice given . A quorum, as defined in Chapter 5 , Number 3 , shall be required for all meetings . The Open Meetings Act , 1976 PA 267 , as amended , shall be complied [41 CHAPTER 4 : ESTABLISHMENT OF AN ADMINISTRATIVE BOARD The Administrative Board (hereinafter referred to as "Board") , shall consist of twelve (12) members . Said members shall be elect- ed chief executives and/or elected legislative officials of the Cities of Lansing and East Lansing, and the Counties of Ingham, Eaton and Clinton, or their designees . Designees may be appointed, in writing, by the selected elected officials and shall act on the Board with full authority of the individual official they represent . The Board shall consist of four . (4) representatives from the City of Lansing; one (1) representative from the City of East Lansing; two (2) representatives from Eaton County; two (2) representatives from Clinton County; and three (3) representatives from Ingham County. Each constituent unit of government shall establish its own rules and procedures for selecting eligible representatives to the Board. Once selected , the persons appointed by each constitu- ent unit of government shall serve for their elected term of office or may have their designee so serve . In the case of a designee, said person shall serve until removal by the appointing person. Organization of Administrative Board and Effective Date of Charter . This Charter shall take effect , and the Charter and Agreement of the Lansing Tri-County Regional Manpower Consortium shall be repealed and its organization dissolved , following approval of this Charter by the Cities of Lansing and East Lansing, and the Counties of Ingham, Eaton and Clinton, and after approval by the Governor of Michigan . The Board shall convene on the fourth Wednesday of the next month following all approvals . At [ 3] administered by or under the supervision of the Board, describe the geographical area to be served, and assure that to the maximum extent feasible, services will be provided to those individuals who need them most . b. Assure that any monies received for implementation of programs comply with the Act and other funding source requirements . C. Provide assurances that programs of institutional training will be designated for occupations in which skill shortages exist and that the training will , whenever possible, result in employment which provides economic self - sufficiency as required by the Act . 3 . A quorum shall consist of seven (7) Board members . A quorum shall be required in order to conduct business . Six (6) affirmative votes or the majority of the membership present , whichever is greater , shall be required in order to pass any motion or resolution except where otherwise stipulated in this Charter . (Pursuant to the above , if there are seven through eleven members present , six (6) affirmative votes are required to pass any motion or resolution. If there are twelve members present , seven (7) affirmative votes are required to pass any motion or resolution . ) Votes on all measures shall be recorded by the secretary. 4. To review, approve, disapprove, modify or amend a budget for all operations in each fiscal year . 5 . The Chairperson of the Board , or in his/her absence, a Vice- Chairperson, is hereby granted the power to sign, execute and do all things incident and necessary to properly submit grant applications and any necessary modifications thereto regarding the Act , or other grants . The Chairperson, or in his /her absence , a Vice-Chairperson , shall also have the power to sign all documents , including, but not limited to, [ 61 with and the secretary to the Board shall perform all functions necessary to comply with said Act . Committees of the Administrative Board. The Board shall not establish standing committees to carry out any of its business . In the event that a quorum is not present at a regularly scheduled meeting, the Board may reconstitute itself as a Committee of the Whole for the purposes of discussion only. CHAPTER 5 : POWERS , DUTIES AND RESPONSIBILITIES OF THE ADMINISTRA- TIVE BOARD AND TRANSFER OF EMPLOYEES . The powers , duties and responsibilities of the Administrative Board shall be : 1 . To establish a regional administration and to provide for the hiring and general supervision of a Director who shall be the executive and manager of that administration. The Administrative Board may authorize the hiring of staff which in its discretion are deemed necessary, as well as to set the compensation, fringe benefits and any other conditions of employment which it deems to be in the best interests of the Consortium. Said persons shall be employees of the Consortium. All current employees working for the Lansing Tri-County Regional Manpower Consortium, effective the date of its dissolution, shall be transferred to this Consortium with comparable salary and fringe benefits . 2 . To approve, disapprove, modify or amend the service delivery plans developed by the Administration staff and the PIC and to submit approved plans to the appropriate authorities . Said plan shall : a• Set forth a description of the services to be provided and performance goals , assure that such services will be [ 51 CHAPTER 7 : ESTABLISHMENT OF A PRIVATE INDUSTRY COUNCIL The Administrative Board shall establish a Private Industry Council (hereinafter referred to as PIC) , in compliance with the Act . The PIC shall appoint a Chairperson from among its members , as required by the Act . The Director of the Consortium shall be the Secretary to the PIC. CHAPTER 8: DUTIES AND RESPONSIBILITIES OF THE PIC The PIC shall submit recommendations regarding overall pro- grams , plans and basic goals , policies and procedures to the Board and Administration. The PIC may also provide oversight review of employment and training programs conducted in the tri-county area, as well as a continuing analysis of needs for employment , training and related services in the tri-county region. The PIC shall perform such other duties as required by the Act . CHAPTER 9 : DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATION The Administration shall have the following duties and re- sponsibilities and such other duties as may be required or directed by the Board . 1 . To prepare plans as directed by the Board and the PIC for the region which : a. assess the employment and training potential of the regional labor market . b. assure that outreach work occurs which makes citizens of the region aware of the availability of services . C. provide for orientation, counseling, education and insti- tutional skill training designed to prepare individuals living in the region to enter the regional labor market or to qualify for more productive job opportunities in that labor market . d . provide on-the-job training opportunities . [ 81 contracts . However , prior to the execution of any docu- ments as stated above , the Board shall approve the same . 6 . The Board shall select the members of the PIC in accordance with the procedures outlined in Chapter 7 . 7 . To implement and operate or to contract for implementation and operation of programs and services approved by the Board. 8 . To request from the Administration regular reports concerning the status , both financial and operational, of all Consortium programs . 9 . The Board is prohibited from deficit financing and has no authority to tax or to borrow. CHAPTER 6 : STRUCTURE OF THE REGIONAL ADMINISTRATION The Regional Administration shall be composed of a Director , who shall be the executive and manager of the Administration , and Secretary of the Board, and other subordinate staff deemed necessary to facilitate the planning, implementation, operation, monitoring and evaluation of programs for the region. The Director shall be selected by a majority of the total Board membership and employed by the Consortium. The Director will serve at the plea- sure of the Board and shall only be removed from office for cause if two-thirds of the total members of the Board so vote in a public meeting of the Board . The Director of the Administration is empowered to fill all staff positions provided for in the Administration budget , unless disapproved by a majority of the total Board. Subordinate staff may be removed from employment by the Director . [ 7 ] e. provide services to individuals to enable them to retain employment . f . provide supportive services to enable individuals to take advantage of employment opportunities , including necessary health care and medical services , child care, residential support , or any other necessary service incident to employment . g. develop information concerning the labor market and activities , such as restructuring of jobs to make them more responsive to objectives of the Act . h . develop training, employment opportunities and related services conducted by regionally based organizations . 2 . The Administration shall develop a budget for submission to the Board, which is prepared in accordance with federal and state guidelines and the provisions of the Act . 3 . The Administration shall provide professional, technical and clerical support to the PIC and the Board in all matters relating to the planning, operation, monitoring, oversight and evaluation of programs in the region. 4 . The Administration shall develop and carry out a program to monitor and evaluate programs authorized by the Board and/or the PIC. It shall perform such other duties as are directed by the Board . 5 . The Administration shall operate all programs which are carried on under the direct authority of the Board. CHAPTER 10: AMENDMENT PROCEDURES This Charter may be amended only by mutual written agreement of the Cities of Lansing and East Lansing, and the Counties of Ingham, Eaton and Clinton. CHAPTER 11 : TERMINATION OF CONSORTIUM This Charter and Consortium shall continue until such time that the Job Training Partnership Act of 1982 is repealed by [ 91 Congress and all necessary close out functions are completed . However , notwithstanding the above , any governmental unit which is a party to this Agreement and Charter may withdraw from the Consortium upon prior written notice of 120 days before the end of any fiscal year (September 30) , to the respective legislative bodies composing membership in the Consortium. CHAPTER 12 : STATUS The Consortium shall have separate legal status . CHAPTER 13 : CONFLICT AND AUTHORITY If there is any conflict between the Act and this Charter , the Act shall prevail . Each of the constituent members of the Consortium possess the power and authority to enter into this Agreement and Charter . IN THE PRESENCE OF: CITY OF LANSING By _ Ter I ne Mayor I Dated : ` CITY OF EAST4, r L BY L rr Owe Dated COUNT OF INGHA / of a By J_e9TS2 o el, Chairperson Board of Commissioners Dated : [ 10] COUNTY OF EATON By Carroll Moon , Chairperson a Board of Commissioners Dated: fV\cgrcl COUNTY OF11CLIN ON i ' B ,�� q Y i Rogerl 0verway, Ch rperson Board of Commissioners Dated : APPROVED AS TO FORM: Dennis E . McGinty Attorney for City of East Lansing Stephen R. Sawyer Attorne for City of Lansing Peter A. Cohl Attorney for County of Ingham Attorney for County of Eaton Attorney for County of Clinton [ 11 ]