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HomeMy WebLinkAboutTCRMC_AgreementCharter AGREEMENT AND CHARTER OF THE LANSING TRI-COUNTY REGIONAL MANPOWER CONSORTIUM CHAPTER 1 : ESTABLISHMIENT OF THE CONSORTIUM e Comprehensive .Employment and Training Pursuant to t Act h 973 as amended, and the regulations promulgated in relation of 1 , - and pursuant to the Michigan Constitution of 1963 , Article thereto , P et VII , Section 28 , and 1967 PA 7 , as amended, being MCLA 124 . 501 , sing Tri-County e Lan Regional Manpower Consortium is hereby s e , th shed by the mutual agreement of_ the duly elected legislative established bodies of. the Cities of Lansing and East Lansing , and the Counties of Ingham, Eaton and Clinton , Michigan. CHAPTER 2 : PURPOSE OF THE CONSORTIUM wer Consortium (herein The Lansing Tri-County Regional Manpo after referred to as the Consortium) , shall carry out the provisions of the Comprehensive Employment and Training re Act of 1973 , as amended, the ulations promulgated in relation thereto (hereinafter and g refer red to as the Act) , in order to provide job training and - opportunities for economically disadvantaged, under employmentRe tonal employed and unemployed persons in the Lansing Tri-County g P insure that training - shall to t he maximum extent possi area , and ble , lead to employment opportunities and enhance self- and other services 1 The Consortium pro rams . sufficiency by establishing flexible local p g r out or shall contract for the training and other services shall carry as required by the Act . RECEIVED I)r�G �21 1978 MAYOR'S OFFICE CITY OF LANSING CHAPTER 3 : DESIGNATION OF THE PRIME SPONSOR C which includes The Prime Sponsor shall be .the Consortium Board , two jurisdictions - ngham Cou the City of Lansing and I nty , which are rime Sponsors under the Act eligible to act as P . th State and/or local law , each governmental Consistent wi this Agreement accepts the responsibility of the unit signatory to jointly f CETA programs under the Act operation o , and shall be held for use of funds authorized under the Act and severally- liable and this Charter . Tri- raphical area to be served will be the Lansing The geo g County SMSA to include POPULATION 48 , 492 Clinton County Eaton County 68 , 892 (includes 1192 within City of Lansing) Ingham County (less East Lansing and 83 , 145 Lansing) 47 ; 540 City of East Lansing 130130,354 City of Lansing 378 , 423 SuM rD r1anP er dent of Labor, ManPower Administration, Fourth _source: U.S. �P �r Package No. 1, 1970 Census of population,, Indicators, Manpon Count Summary Tape. CHAPTER 4: DESI GNATION OF THE CONSORTIUMS ADMINISTRATIVE UNIT inistrative Unit for the Consortium shall be Ingham . The Ad.m a population t entity which has County , a general local governmen 000 ersons based upon the U . S . Census of 1970 . of over 100 , P The Administrative Unit shall provide professional , technical and clerical staff support to the Consortium as may be mutually ag-feed upon. In the event the Administrative Unit does not possess the technical resources necessary to support the Con- sortium-, then, in such event , the Consortium may contract with any other person or entity including any other local unit of government eligible for prime sponsorship in the region. The Consortium may also hire its own employees as deemed necessary from time to time by the Consortium Board. CHAPTER 5 : ESTABLISHMENT OF A REGIONAL ADMINISTRATIVE BOARD . The Regional Administrative Board (hereinafter referred to as "Board") , shall consist of twelve (12) members . Said members shall be elected chief executives or 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. Appointment of the Board shall be based on the relative population of each constituent unit of government to. the regional population . Initial apportionment of the Board shall be 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 . The Board shall reapportion itself following each decennial census conducted by the United States Census Bureau. Each constituent unit of government shall establish its own rules and procedures for selecting representatives to the 'Board. Once selected , the persons -appointed by each constituent 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 . Present persons sitting on the Board shall continue to do so until change of office in each governmental unit , after such time , all appointments shall conform to this Chapter . Organization of Administrative Board. This Charter shall take effect and the Board shall convene on the first Wednesday of the next month following adoption of this Charter by the Cities of Lansing and East Lansing, and the Counties of Ingham, Eaton and Clinton, and after approval by the U. S . Depart- ment of Labor and the Governor of Michigan. At 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 Regional Manpower Administration 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 remaining 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 hold at least one regularly scheduled meeting in each month. Special meetings of the Board may be called upon the request of any two (2) 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 6 , Number 3 , shall be required for all meetings . The Open Meetings Act , 1976 PA 267 , shall be complied 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 . rn 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 . 5 . CHAPTER 6 : POWERS , DUTIES AND RESPONSIBILITIES OF THE REGIONAL ADMINISTRATIVE BOARD . ,The powers , duties and responsibilities of the Administra- tive Board shall be : 1 . To establish a Regional Manpower 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. 2 . To approve , disapprove , modify or amend the Regional Y Manpower Plans developed by the Manpower Administration staff and the Manpower Planning Council 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 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 by the Region for implementation of CETA programs comply with the Act . C . Provide appropriate arrangements with regionally based organizations serving the poverty community , and other special target groups , for their par- ticipation in the manpower planning , and utilize services already available in the region to the greatest extent possible . 6 . d. Provide assurancr.s 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. 3 . A. quorum shall consist of seven 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 Regional Manpower 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 to the United States Department of Labor regarding the Act , or other special Manpower 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 , contracts . However , prior to the execution of any documents as stated above , the Board shall approve the same . 6 . The Board shall select the members of the Planning Council in accordance with the procedures outlined in Chapter 8 . 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 Manpower Administration regular reports concerning the status , both financial and operational , of all manpower programs in the region. 9 . To receive from the Administrative Unit audit reports and certification that funds have been expended in ac- cordance with the approved budget and manpower plan and in accordance with Federal guidelines and provisions of the Act . 10 . The Board is prohibited from defici financing and has no authority to tax or to borrow.. CHAPTER 7 : STRUCTURE OF THE REGIONAL MANPOWER ADMINISTRATION. The Regional Manpower Administration shall be composed of a Director , who shall be the executive and manager of the Administration and Secretary to the Board, and other subordinate staff deemed necessary to facilitate the planning , implementation, operation, monitoring and evaluation of manpower programs for the Tri-County 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 pleasure of the Board and shall only be removed from office for cause if. two-thirds of the total Board members of. the Board so vote in a. public meeting of the Board. The Director of -the Manpower Administration is empowered to fill all staff positions provided for in the Administration Budget , unless disapproved by a majority of the Board. Subordinate staff shall only be removed from employment -by the Board, upon the prior recommendation of the Director . ,1 R CHAPTER 8 : ESTABLISHMENT OF A PLANNING COUNCIL . The .Regional Administrative Board shall establish a Planning Council (hereinafter referred to as the Council) , -consisting, to the ext-ent practical , of members who are. representative of the participant community and of community-based organizations , the employment service, education. and training agencies and institutions , business , labor , veterans and where appropriate , agriculture . The Planning Council shall appoint a Chairperson from among its members .. CHAPTER 9 : DUTIES AND RESPONSIBILITIES OF THE PLANNING COUNCIL . The Council will submit recommendations regarding overall programs , plans and basic goals , policies and procedures to the Board and Manpower Administration . The Council shall also provide for objective evaluations of employment and training programs conducted in the Tri-County area , as well as providing a con- tinuing analysis of needs for employment , training and related -services in the Tri-County Region. CHAPTER 10 : DUTIES AND RESPONSIBILITIES OF THE. MANPOWER ADMINISTRATION. The Manpower Administration shall have the following duties and responsibilities . n To prepare manpower plans as directed by the Board for the region which : 1 . Assess the interests and potential of the region labor market . 2 . Assure that outreach work occurs which makes citizens of the region aware of the availability of manpower services and which . tries .to persuade them to utilize such services . 3 . Provide for orientation, counseling , education and 4nstitutional skill training designed to prepare individuals living .in the region to enter the regional labor market or to qualify for more productive job oppor- tunities in that labor market . 1�' Provide on-the-job training opportunities . 5 . Provide services to individuals to enable them to retain employment . 6 . Provide supportive services to enable individuals to take advantage of employment opportunities , including necessary health care 'and medical services , child care , residential support, assistance in securing bonds , or any other necessary service incident to employment . 7 . Develop information concerning the labor market and activities , such as restructuring of jobs to make them more responsive to objectives of the- manpower services program. 8 . Develop manpower training , employment opportunities and related services conducted by regionally based organizations . 9 . Develop transitional public service employment programs . The Manpower Administration shall develop a manpower operations budget , for submission' to the Board , which is prepared in accordance with Federal and State buidelines and the provisions of the Act . The Manpower Administration shall provide professional , technical and clerical support to the Planning Council and the Board in a1.1 matters relating to the planning , operation and evaluation of manpower programs in the Region . The Manpower Administration shall develop and carry out a program to monitor and evaluate manpower programs authorized by the Board . It shall perform such other duties as are directed by the Board. The Manpower Administration shall operate all manpower . programs which are carried on under the direct authority of the Board. CHAPTER 11 : A11IENDMENT PROCEDURES This Charter may be amended only by mutual agreement of the Cities of Lansing and East Lansing , and the Counties of Ingham, Eaton and Clinton . CHAPTER 12 : TERMINATION OF CONSORTIUM The Consortium shall continue until such time that the Act is repealed by Congress . However , notwithstanding the above , any governmental unit .which _is a party to this Agreement and the Charter may withdraw from the Consortium upon prior written notice of 120 days before the end of each fiscal year (September 30) , to the respective legislative bodies composing membership in the Consortium. CHAPTER 13 : STATUS The Consortium shall have separate legal status . CHAPTER 14: CONFLICT If there is any conflict between the Act and this Charter , the Act shall prevail . IN THE PRESENCE OF : CITY LANSING BY: ('44 Z. t4zvlc� / It /qy02 Dated: 1.2 2/- 7 CITY OF ST LANSING BY: -�C'�--� Its : Mayolr Dated : May 16, 1978 COUNTY OF INGHAM._- iGYi�v iiJ B Y Its Dated : i COUNTY F EATON QAA BY: Its : Dated: //12-7/ 7F COUNTY OF C INTON BY ::: -- Its Dated : APPROVED AS TO FORM: City of Lansing Attorney . C4rA-. C _ Lansing Attorney ete o Ingham County Corporation Counsel County of Eaton Attorney County of Clinton Attorney