[nfbmi-talk] important wia/rehab act overlap

[joe harcz Comcast]

For your information the Governor has rearranged too workforce development issues which due relate to the Workforce Investment Act (WIA). Note that the Rehab Act itself is a component of WIA. I think this is also unconstitutionl as well here and folks in the Gover's office are ignoring federal regulatory requirements. For all of these programs are federal in nature and the majority of funds are federal....

This is complicated, and I am rushed, but this alsoinvolves MCB, MRS, etc.... And beleive me I don't think the Governor has fully thought this through as there are lots of federal funds in jeopardy...

Joe Harcz


 

RICK SNYDER 

GOVERNOR 

EXECUTIVE OFFICE 

LANSING 

EXECUTIVE ORDER 

No. 2011 -13 

GOVERNOR'S TALENT INVESTMENT BOARD 

WORKFORCE DEVELOPMENT AGENCY 

MICHIGAN STRATEGIC FUND 

RESCISSION OF 

EXECUTIVE ORDER 2004-36 

EXECUTIVE ORDER 2006-15 

BRIAN CALLEY 

LT. GOVERNOR 

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the 

executive power of the state of Michigan in the Governor; and 

WHEREAS, the administration's primary objective is the creation and cultivation 

of jobs; and 

WHEREAS, the development of talent in Michigan's workforce is an essential 

tool to attract and create jobs; and 

WHEREAS, the state of Michigan is interested in partnering with experts in 

various aspects of workforce development; 

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by 

virtue of the powers and authority vested in the Governor by the Michigan Constitution 

of 1963 and Michigan law, order the following: 

I. GOVERNOR'S TALENT INVESTMENT BOARD 

A. The Council for Labor and Economic Growth, created by Executive Order 

2004-36, as amended by Executive Order 2006-15, and transferred to the Workforce 

Development Agency within the Michigan Strategic Fund by Executive Order 2011-4, is 

abolished. 

B. The Governor's Talent Investment Board is created as an advisory body 

within the Workforce Development Agency and shall be the state workforce investment 

board required for this state under Section 111 of the federal Workforce Investment Act 

of 1998, 29 USC 2821. 

C. Executive Orders 2004-36 and 2006-15 are rescinded. 

GEORGE W. ROMNEY BUILDING • 111 SOUTH CAPITOL AVENUE • LANSING, MICHIGAN 48909 

www.michigan.gov 

II. COMPOSITION OF THE GOVERNOR'S TALENT INVESTMENT BOARD A. The Governor's Talent Investment Board shall consist of forty-seven (47) 

members, including the following: 1. The Governor; 2. Two members of the Michigan House of Representatives, appointed by 

the Speaker of the Michigan House of Representatives. A member appointed 

under this subsection shall serve only while a member of the Michigan House 

of Representatives; 3. Two members of the Michigan Senate, appointed by the Majority Leader 

of the Michigan Senate. A member appointed under this subsection shall 

serve only while a member of the Michigan Senate; 4. Thirty-seven (37) members appointed and serving at the pleasure of the 

Governor, consisting of the following: a. Twenty-seven (27) representatives of business in Michigan, who

i. Are owners of businesses, chief executives or operating 

officers of businesses, and other business executives or employers 

with optimum policymaking or hiring authority; ii. Represent businesses with employment opportunities that reflect 

the employment opportunities of the state; iii. Are appointed from among individuals nominated by state 

business organizations and business trade associations; b. One representative who is a chief elected executive officer of a city 

or a county; c. Two representatives of labor organizations who have been 

nominated by state labor federations; d. Two representatives of individuals and organizations that have 

experience with respect to youth activities; e. Two representatives of individuals and organizations that have 

experience and expertise in the delivery of workforce investment activities, 

including chief executive officers of community colleges and communitybased 

organizations within the state; f. One representative in the state with expertise relating to Job Corps 

programs; g. One representative in the state with expertise relating to Native 

American programs; h. One representative in the state with expertise relating to migrant 

seasonal farm worker programs; 5. Five (5) members appointed by the Governor, including; 2 

a. The President of the Michigan Strategic Fund; 

b. The Director of the Department of Licensing and Regulatory Affairs; 

c. The Director of the Department of Community Health; 

d. The Director of the Department of Human Services; and 

e. The Superintendent of Public Instruction. 

B. The Governor shall designate a chairperson and vice-chairperson for the 

Governor's Talent Investment Board from among those members described in Section II 

(A.)(4.)(a.)(i.-iii.). 

C. The Governor and the persons listed in Section II. (A.)(5.) may each send 

a designee to any meeting of the Governor's Talent Investment Board and that 

designee's attendance shall constitute attendance by the Governor or Board member 

listed in Section II. (A.)(5.) for quorum purposes. A person attending a Board meeting 

as a designee is authorized to exercise the vote on behalf of the person that they are 

representing at a Board meeting. 

Ill. DUTIES AND OPERATIONS OF THE GOVERNOR'S TALENT 

INVESTMENT BOARD 

A. The Governor's Talent Investment Board is an advisory body and is 

charged with advising and assisting the Governor regarding compliance with the federal 

Workforce Investment Act of 1998, 29 USC 2801 to 9201 ("Act"), and any regulations 

issued pursuant to the Act. 

B. The Board may promulgate bylaws, not inconsistent with federal law, 

Michigan law, or this Order, governing its organization, operation, and procedures. 

C. Michigan Strategic Fund personnel shall staff and assist the Board. The 

Michigan Economic Development Corporation may assist the Board in performing its 

functions if authorized under an agreement between the Michigan Economic 

Development Corporation and the Michigan Strategic Fund. 

D. The Board shall meet at the call of the Chairperson and as may be 

provided in procedures adopted by the Board. Meetings of the Board shall be held 

within the state of Michigan. 

E. A majority of the members of the Board constitutes a quorum for the 

transaction of business. The Board shall act by majority vote of serving members 

participating in a meeting. To the extent authorized by Michigan law, the Board may 

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authorize members to participate in a Board meeting by the use of telephonic or video 

equipment. Members participating in a meeting via telephonic or video equipment shall 

be deemed present at the meeting. Voting shall be conducted in person or by use of 

telephonic or video equipment. 

F. The Board may, as appropriate, make inquiries, studies, investigations, 

hold hearings, and receive comments from the public. G. Members of the Board shall serve without compensation. Members of the 

Board may receive reimbursement for necessary travel and expenses according to 

relevant statutes and the rules and procedures of the Civil Service Commission and the 

Department of Technology, Management and Budget, subject to available 

appropriations. H. As required under Section 111 (f) of the federal Workforce Investment Act 

of 1998, 29 USC 2821(f), a member of the Board may not do any of the following: 1. Vote on a matter under consideration by the Board regarding the provision 

of services by the member or an entity the member represents. 2. Vote on a matter under consideration by the Board that would provide direct 

financial benefit to the member or the immediate family of the member. As used 

in this paragraph, "family" means that term as defined under Section 101(15) of 

the federal Workforce Investment Act of 1998, 29 USC 2801 (15). 3. Engage in any other activity determined by the Governor to constitute a 

conflict of interest, as specified in the state plan outlining a 5-year strategy for the 

Statewide Workforce Investment System for this state, as required under Section 

112 of the federal Workforce Investment Act of 1998, 29 USC 2822. I. To assure full compliance with the sunshine requirements under Section 

111 (g) of the federal Workforce Investment Act of 1998, 29 USC 2821 (g), meetings of 

the Board shall be held according to procedures established under the Open Meetings 

Act, 1976 PA267, MCL 15.261 to 15.275. J. To assure full compliance with the sunshine requirements under Section 

111 (g) of the federal Workforce Investment Act of 1998, 29 USC 2821 (g), the Board is a 

public body under, and shall comply with, the Freedom of Information Act, 1976 PA 442, 

MCL 15.231 to 15.246. 4 

K. Members of the Board shall refer all legal, legislative, and media contacts 

to the Michigan Strategic Fund. 

IV. MISCELLANEOUS 

Any suit, action, or other proceeding lawfully commenced by, against, or before 

any entity affected by this Order shall not abate by reason of the taking effect of this 

Order. Any suit, action, or other proceeding may be maintained by, against, or before 

any appropriate successor of an entity affected by this order. 

This order is effective upon filing. 

Given under my hand and the Great Seal of 

the State of Michigan this \SIT day of 

December in the year of our Lord, two 

thousand eleven. 

/J___j. ~ /J/1 ?I 

~a/~~I I I 

SECRETARY,OF s"fiATE 

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