North Carolina § 143B-438 - 10. NCWorks Commission.

§ 143B-438. 10. NCWorks Commission.

Creation and Duties. - There is created within the Department of Commerce the NCWorks Commission (hereinafter "Commission"). The Commission shall have the following powers and duties: To develop strategies to produce a skilled, competitive workforce that meets the needs of the State's changing economy. To advise the Governor, the General Assembly, State and local agencies, and the business sector regarding policies and programs to enhance the State's workforce by submitting annually a comprehensive report on workforce development initiatives in the State. To coordinate and develop strategies for cooperation between the academic, governmental, and business sectors. To establish, develop, and provide ongoing oversight of the "One-Stop Delivery System" for employment and training services in the State. To develop a unified State plan for workforce training and development. To review and evaluate the plans and programs of agencies, boards, and organizations operating federally funded or State-funded workforce development programs for effectiveness, duplication, fiscal accountability, and coordination. To develop and continuously improve performance measures to assess the effectiveness of workforce training and employment in the State. The Commission shall assess and report on the performance of workforce development programs administered by the Department of Commerce, the Department of Health and Human Services, the Community Colleges System Office, the Department of Administration, and the Department of Public Instruction in a manner that addresses at least all of the following: Actual performance and costs of State and local workforce development programs. Expected performance levels for State and local workforce development programs based on attainment of program goals and objectives. Program outcomes, levels of employer participation, and satisfaction with employment and training services. Information already tracked through the common follow-up information management system created pursuant to G.S. 96-32, such as demographics, program enrollment, and program completion. To issue annual reports that, at a minimum, include the information listed in sub-subdivisions a. through d. of subdivision (7) of this section on the performance of workforce development programs administered by the entities listed in that subdivision. The first annual report shall be delivered to the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, and the Joint Legislative Economic Development and Global Engagement Oversight Committee by January 15, 2014. To submit to the Governor and to the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, and the Joint Legislative Economic Development and Global Engagement Oversight Committee by April 1, 2000, and biennially thereafter, a comprehensive Workforce Development Plan that shall include at least the following: Goals and objectives for the biennium. An assessment of current workforce programs and policies. An assessment of the delivery of employment and training services to special populations, such as youth and dislocated workers. Recommendations for policy, program, or funding changes. To serve as the State's Workforce Investment Board for purposes of the federal Workforce Innovation and Opportunity Act. To take the lead role in developing the memorandum of understanding for workforce development programs with the Department of Commerce, the Department of Health and Human Services, the Community Colleges System Office, and the Department of Administration. The memorandum of understanding must be reviewed at least every five years. To coordinate the activities of workforce development work groups formed under this Part. To collaborate with the Department of Commerce on the common follow-up information management system. To develop performance accountability measures for local workforce development boards consistent with the requirements of section 116 of the Workforce Innovation and Opportunity Act and to recommend to the Governor sanctions against local workforce development boards that fail to meet the performance accountability measures. To develop fiscal control and fund accounting procedures for local workforce development boards consistent with the requirements of section 184 of the Workforce Innovation and Opportunity Act and to recommend to the Governor sanctions against local workforce development boards that fail to meet the fiscal control and fund accounting procedures. Membership. - The Commission shall consist of 37 members appointed as follows: By virtue of their offices, the following persons, or their designees, shall serve on the Commission: The Governor. The Secretary of the Department of Administration. The Secretary of the Department of Commerce. The Secretary of the Department of Health and Human Services. The Superintendent of Public Instruction. The President of the Community Colleges System Office. The President of The University of North Carolina system. The State official with primary responsibility for Adult Education and Family Literacy (Title II of the Workforce Innovation and Opportunity Act, P.L. 113-128, as amended). The State official with primary responsibility for Vocational Rehabilitation or Services for the Blind (Title IV of the Workforce Innovation and Opportunity Act, P.L. 113-128, as amended). Pursuant to the provisions of section 101 of the Workforce Innovation and Opportunity Act, the Governor shall appoint 28 members as follows: Nineteen members representing business and industry in the State. Seven members representing the workforce in the State. One member representing local elected city officials in the State. One member representing local elected county officials in the State. Repealed by Session Laws 2015-241, s. 15.11(a), effective July 1, 2015. Terms. - The persons listed in subdivision (1) of subsection (b) of this section shall serve on the Commission while they hold their respective offices. The terms of the members appointed by the Governor pursuant to subdivision (2) of subsection (b) of this section shall be for four years, except as provided in this subsection. The terms shall be staggered and shall begin on November 1 and expire on October 31. Upon the expiration of the term of each member in subdivision (2) of subsection (b) of this section, the Governor shall fill the vacancy by reappointing the member or appointing another person of like qualification to serve a four-year term. If a vacancy occurs for any reason other than the expiration of the member's term, the Governor shall appoint a person of like qualification to serve for the remainder of the unexpired term. Appointment of Chair; Meetings. - The Governor shall appoint the Chair of the Commission from among the business and industry members, and that person shall serve at the pleasure of the Governor. The Commission shall meet at least quarterly upon the call of the Chair. Staff; Funding. - The clerical and professional staff to the Commission shall be provided by the Department of Commerce. Funding for the Commission shall derive from State and federal resources as allowable and from the partner agencies to the Commission. Members of the Commission shall receive necessary travel and subsistence in accordance with State law. Agency Cooperation; Reporting. - Each State agency, department, institution, local political subdivision of the State, and any other State-supported entity identified by or subject to review by the Commission in carrying out its duties under subdivision (6) of subsection (a) of this section must participate fully in the development of performance measures for workforce development programs and shall provide to the Commission all data and information available to or within the agency or entity's possession that is requested by the Commission for its review. Further, each agency or entity required to report information and data to the Commission under this section shall maintain true and accurate records of the information and data requested by the Commission. The records shall be open to the Commission's inspection and copying at reasonable times and as often as necessary. Confidentiality. - At the request of the Commission, each agency or entity subject to this section shall provide it with sworn or unsworn reports with respect to persons employed or trained by the agency or entity, as deemed necessary by the Commission to carry out its duties pursuant to this section. The information obtained from an agency or entity pursuant to this subsection (i) is not a public record subject to the provisions of Chapter 132 of the General Statutes and (ii) shall be held by the Commission as confidential, unless it is released in a manner that protects the identity and privacy of individual persons and employers referenced in the information. Advisory Work Group. - The Commission shall appoint an Advisory Work Group composed of representatives from the State and local entities engaged in workforce development activities to assist the Commission with the development of performance measures. In order to provide for staggered terms, six persons appointed to the positions designated in sub-subdivision a. of subdivision (2) of subsection (b) of this section and three persons appointed to the positions designated in sub-subdivision b. of subdivision (2) of subsection (b) of this section shall be appointed for initial terms ending on October 31, 2019. Five persons appointed to the positions designated in sub-subdivision a. of subdivision (2) of subsection (b) of this section, two persons appointed to the positions designated in sub-subdivision b. of subdivision (2) of subsection (b) of this section, and one person appointed to the position designated in sub-subdivision c. of subdivision (2) of subsection (b) of this section shall be appointed for initial terms ending on October 31, 2017. Six persons appointed to the positions designated in sub-subdivision a. of subdivision (2) of subsection (b) of this section, two persons appointed to the positions designated in sub-subdivision b. of subdivision (2) of subsection (b) of this section, and one person appointed to the position designated in sub-subdivision d. of subdivision (2) of subsection (b) of this section shall be appointed for initial terms ending on October 31, 2016. Two persons appointed to the positions designated in sub-subdivision a. of subdivision (2) of subsection (b) of this section shall be appointed for an initial term ending on October 31, 2021. History (1999-237, s. 16.15(b); 2011-401, s. 1.7; 2012-131, s. 1(a); 2015-241, s. 15.11(a); 2017-57, s. 14.1(q); 2018-142, s. 13(a); 2021-90, s. 24(a).) Editor's Note. - Session Laws 2012-131, s. 1(b), provides: "The terms of the current members of the North Carolina Commission on Workforce Development [NCWorks Commission] appointed pursuant to G.S. 143B-438.10(b)(2) expire on December 31, 2012." Session Laws 2012-131, s. 1(c), provides: "Beginning October 1, 2012, and quarterly thereafter, the Commission shall make periodic progress reports to the Joint Legislative Workforce Development System Reform Oversight Committee on development and implementation of the workforce development performance measurement system." Session Laws 2012-131, s. 2(a)-(f), provides: "(a) The Commission on Workforce Development [NCWorks Commission] shall be the lead agency in collaboration with the Department of Commerce, the Department of Health and Human Services, the Community Colleges System Office, and the Department of Administration in providing an effective, integrated workforce development system. "(b) To provide for effective local services for workforce development in this State, the Commission on Workforce Development shall set criteria and standards for JobLink Career Centers. Local areas shall be afforded the flexibility to determine how to meet these criteria and standards as follows: "(1) The Commission on Workforce Development shall strengthen JobLink Career Center requirements to require center staff to engage in cross-education or cross-training to ensure all staff is familiar with the State, federal, and local programs offered at the center and the full range of beneficial programs and services available to center customers. "(2) JobLink Career Centers shall use technology to integrate programs and to improve access to services. Distance learning tools and electronic solutions should be employed to provide remote access for customers and a virtual presence for partner workforce development agencies that cannot offer on-site staff. "(3) Each center shall provide cross-education or cross-training for staff to provide seamless services to customers when the usual program service provider is unavailable to provide services. "(4) Each center shall demonstrate partnership with the community college or colleges in its service area. "(5) Each center must have an online presence on the Internet that provides information about its location, operating hours, services, and contact information. "(6) JobLink Career Centers and the Commission on Workforce Development should encourage participation of career development coordinators from local education agencies. "(c) The Commission on Workforce Development, in collaboration with the Department of Commerce, the Department of Health and Human Services, the Community Colleges System Office, and the Department of Administration, shall conduct a review and revision of the memorandum of understanding for JobLink Career Centers in accordance with the requirements of this subsection and any policies adopted by the Commission on Workforce Development. The review shall evaluate whether the memorandum of understanding includes all of the following: "(1) Commitments to provide staff to the centers and use of technology to provide a virtual presence for partner workforce development agencies that cannot provide on-site staff. "(2) Development of coordinated local job development and placement processes. "(3) Integration of job placement with job training provided by community colleges. "(4) Establishment of cross-education and cross-training of center staff. "(5) Participation in cost- and resource-sharing arrangements. "(6) Mandated participation of locally administered programs such as county departments of social services. "(7) Use of technology to improve center efficiencies, such as a common Web-based intake system. "(d) The Department of Commerce, the Department of Health and Human Services, the Community Colleges System Office, the Department of Administration, the Department of Labor, the Department of Public Instruction, and the North Carolina Rural Economic Development Center, Inc., shall appoint a work group that includes representation from their respective workforce development programs to assist in the review and revision of the memorandum of understanding for the JobLink Career Center system, as required in subsection (c) of this section. "(e) The work group established by subsection (d) of this section shall complete its work on the memorandum of understanding for the JobLink Career Center system by May 15, 2013, so that the revised memorandum becomes effective July 1, 2013. The revisions shall be reported to the Joint Legislative Workforce Development System Reform Oversight Committee by no later than May 15, 2013. The work group shall issue a final report on the implementation of the revised memorandum of understanding that describes the effect of the revisions on the JobLink Career Center system by no later than December 15, 2014. The work group shall dissolve upon the issuance of this final report. "(f) The Commission on Workforce Development shall complete its work on JobLink Career Center requirements by May 15, 2013, so that all JobLink Career Centers must utilize the final criteria during the 2013-2014 fiscal year. The Commission shall report on the development of final requirements to the Joint Legislative Workforce Development System Reform Oversight Committee no later than May 15, 2013. The Commission should issue its final report on the implementation of requirements no later than December 15, 2014." Session Laws 2012-131, s. 5(a), provides: "(a) The Department of Commerce shall convene a group of program administrators to develop a plan for a common Internet-based intake system for the State's workforce development efforts, including JobLink Career Centers. To that end, the Department of Commerce, the Department of Health and Human Services, and the Department of Administration shall develop jointly a plan that expands the Department of Commerce intake system to include workforce development programs administered by all three State agencies. The plan should include how the database will work, an implementation time line, estimated costs, and a method to pay for the up-front and ongoing costs of the system. The Department of Commerce should present the plan to the Joint Legislative Workforce Development System Reform Oversight Committee no later than July 1, 2013." Session Laws 2012-131, s. 5(b), provides: "(b) The Department of Commerce, in expanding its workforce development Internet Web site, shall include hyperlinks to information on the following: "(1) All workforce development programs. "(2) The location and operating hours of service providers and community colleges. "(3) Training opportunities and programs. "(4) The State's job matching system. "(5) The State's unemployment insurance filing system. "The unified Web portal shall be completed by July 1, 2013. The Department of Commerce should present and demonstrate the unified Web portal to the Joint Legislative Workforce Development System Reform Oversight Committee by September 15, 2013." Session Laws 2012-131, s. 7(a)-(e), provides: "(a) The Joint Legislative Workforce Development System Reform Oversight Committee is created. The Committee consists of 16 members to be appointed as follows: "(1) Eight members of the Senate appointed by the President Pro Tempore of the Senate, at least two of whom are members of the minority party and at least one cochair of each of the following committees: "a. Senate Appropriations Committee on Education and Higher Education. "b. Senate Appropriations Committee on General Government and Information Technology. "c. Senate Appropriations Committee on Health and Human Services. "d. Senate Appropriations Committee on Natural and Economic Resources. "(2) Eight members of the House of Representatives appointed by the Speaker of the House of Representatives, at least two of whom are members of the minority party and at least one cochair of each of the following committees: "a. House Appropriations Subcommittee on Education. "b. House Appropriations Subcommittee on General Government. "c. House Appropriations Subcommittee on Health and Human Services. "d. House Appropriations Subcommittee on Natural and Economic Resources. "A member continues to serve until a successor is appointed. A vacancy shall be filled within 30 days by the officer who made the original appointment. The President Pro Tempore of the Senate and the Speaker of the House of Representatives each shall designate a cochair of the Joint Legislative Workforce Development System Reform Oversight Committee. The Committee shall meet at least once per quarter, except while the General Assembly is in regular session, and may meet at other times upon the joint call of the cochairs. "A quorum of the Committee is nine members. No action may be taken except by a majority vote at a meeting at which a quorum is present. While in the discharge of its official duties, the Committee has the powers of a joint committee under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4. "Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1. The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee. The expenses for clerical employees shall be borne by the Committee. "(b) Purpose and powers. - The Joint Legislative Workforce Development System Reform Oversight Committee shall monitor and oversee efforts to streamline the workforce development system, enhance accountability for the workforce development system, strengthen the JobLink Career Center system, implement technology to integrate programs at JobLink Career Centers, and improve access to workforce development activities. In conducting this monitoring and oversight, the Committee shall do all of the following: "(1) Review reports prepared by the Department of Commerce, the Commission on Workforce Development [NCWorks Commission], and any other State, local, or non-State entity related to the workforce development system. "(2) Monitor the integration of workforce development programs from the former Employment Security Commission into the Department of Commerce. "(3) Monitor the implementation of any realignment of the local workforce development areas based on the regional council structure. "(4) Monitor and review the development and implementation of the performance measures developed by the Commission on Workforce Development. "(5) Monitor the implementation of improvements to the common follow-up information management system authorized by G.S. 96-30 through G.S. 96-35. "(6) Monitor and review the programmatic requirements and the memorandum of understanding for the JobLink Career Center system. "(7) Monitor and review the development plan of the common Web-based intake form for workforce development programs. "(8) Study any other matter related to the workforce development system that the Committee deems necessary to accomplish its purpose. "(c) Additional Powers. - The Joint Legislative Workforce Development System Reform Oversight Committee, while in discharge of official duties, shall have access to any paper or document, and may compel the attendance of any State official or employee before the Committee, or secure any evidence under G.S. 120-19. In addition, G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Committee as if it were a joint committee of the General Assembly. "(d) Reports to Committee. - Whenever a State agency is required by law to report to the General Assembly or to any of its permanent, study, or oversight committees or subcommittees on matters affecting the workforce development system, the Department shall transmit a copy of the report to the cochairs of the Joint Legislative Workforce Development System Reform Oversight Committee. "(e) Interim and Final Reports. - The Committee shall make an interim report to the 2014 Session of the 2013 General Assembly and a final report to the 2015 Regular Session of the 2015 General Assembly. The interim and final reports may contain any legislation needed to implement a recommendation of the Committee. The Committee shall terminate upon filing its final report." Session Laws 2015-241, s. 15.11(b), provides: "The terms of office of the Commissioner of the Department of Labor and the 19 public members appointed by the Governor and currently serving on the North Carolina Commission on Workforce Development shall expire on October 31, 2015." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2017-57, s. 7.23H(i), provides: "Local school administrative units are encouraged to complete the application process for the NCWorks Work Ready Certified Communities initiative in cooperation with local workforce development boards, local economic development boards, chambers of commerce, business and industry employers, and local community college leaders. The NCWorks Certified Work Ready Communities initiative encourages local participation to assist with the following: "(1) Informing business and industry employers on the foundational skills necessary for a productive workforce and providing a method for employers to communicate their needs. "(2) Providing individuals with an understanding on the skills required by employers and how to prepare for success. "(3) Providing reliable data for the evaluation of the skills gap in a timely manner at the national, State, and local levels. "(4) Informing educators on how to close the skills gap using tools integrated into career pathways with stackable industry-recognized credentials. "(5) Providing economic developers an on-demand reporting tool to market the quality of their workforce." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2011-401, s. 1.7, effective November 1, 2011, substituted "the Assistant Secretary of Commerce in charge of the Division of Employment Security" for "the Chair of the Employment Security Commission" in subdivision (b)(1). Session Laws 2012-131, s. 1(a), effective June 29, 2012, rewrote the section. Session Laws 2015-241, s. 15.11(a), effective July 1, 2015, substituted "NCWorks Commission" for "Commission on Workforce Development" in the section heading; substituted "Workforce Innovation and Opportunity Act" for "Workforce Investment Act of 1998" in subdivision (a)(9); added subdivisions (a)(13) and (a)(14); rewrote subsection (b); and added subsection (b1). Session Laws 2017-57, s. 14.1(q), effective July 1, 2017, substituted "the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources, the chairs of the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources, and the Joint Legislative Economic Development and Global Engagement Oversight Committee" for "General Assembly" in subdivisions (a)(7a) and (a)(8). Session Laws 2018-142, s. 13(a), effective December 14, 2018, substituted "the chairs" for "the the chairs" throughout the section. Session Laws 2021-90, s. 24(a), effective July 22, 2021, substituted "37 members” for "33 members” in subsection (b); added sub-subdivisions (b)(1)h., and (b)(1)i.; substituted "28 members” for "26 members” in subdivision (b)(2); substituted "Nineteen members” for "Seventeen members” in sub-subdivision (b)(2)a.; added the last sentence in the last paragraph in subsection (b1).