Legislation

Working Professional

LEGISLATION

WORKFORCE INVESTMENT ACT OF 1998

Workforce Investment Act of 1998 provides the framework for a unique national workforce preparation and employment system designed to meet both the needs of the nation’s businesses and the needs of job seekers and those who want to further their careers. Title I of the legislation is based on the following elements:

Training and employment programs must be designed and managed at the local level where the needs of businesses and individuals are best understood.

Customers must be able to conveniently access the employment, education, training, and information services they need at a single location in their neighborhoods.

Customers should have choices in deciding the training program that best fits their needs and the organizations that will provide that service. They should have control over their own career development.

Customers have a right to information about how well training providers succeed in preparing people for jobs. Training providers will provide information on their success rates.

Businesses will provide information, leadership, and play an active role in ensuring that the system prepares people for current and future jobs.

The Act builds on the most successful elements of previous Federal legislation. Just as important, its key components are based on local and State input and extensive research and evaluation studies of successful training and employment innovations over the past decade. The new law makes changes to the current funding streams, target populations, system of delivery, accountability, long-term planning, labor market information system, and governance structure.

CALIFORNIA SENATE BILL 293

California Senate Bill 293, signed by the Governor on September 29, 2006, replaces the Family Economic Security Act in the California Unemployment Insurance Code with provisions that generally implement the Workforce Investment Act (WIA) of 1998 in California. SB 293 took effect on January 1, 2007. Even though a majority of the provisions in SB 293 are taken from the federal WIA, there are new, unique California provisions which will require substantive changes in the workforce system.

There are also re-articulations of some federal requirements that will require interpretation and guidance to Local Workforce Investment Boards, as well as minor adjustments in the way that the state and Local Workforce Investment Boards conduct business. The first is the requirement that the California Workforce Investment Board create a strategic workforce plan for the State. The State Plan is described in SB 293 as a strategic plan for the entire workforce system, and is intended to serve as a framework for the Strategic Two-Year Plan for the WIA. It will also serve as a framework for the development of workforce policy and fiscal investment, and for the operation of California’s labor exchange, workforce education, and training programs.

THE BROWN ACT: OPEN MEETINGS FOR LOCAL LEGISLATIVE BODIES

Throughout California’s history, local legislative bodies have played a vital role in bringing participatory democracy to the citizens of the state. Local legislative bodies - such as boards, councils and commissions - are created in recognition of the fact that several minds are better than one, and that through debate and discussion, the best ideas will emerge. The law which guarantees the public’s right to attend and participate in meetings of local legislative bodies is the Ralph M. Brown Act. While local legislative bodies generally are required to hold meetings in open forum, the Brown Act recognizes the need, under limited circumstances, for these bodies to meet in private in order to carry out their responsibilities in the best interests of the public. For example, the law contains a personnel exception based on notions of personal privacy, and a pending litigation exception based upon the precept that government agencies should not be disadvantaged in planning litigation strategy. Although the principle of open meetings initially seems simple, application of the law to real life situations can prove to be quite complex. The purpose of this pamphlet is to provide a brief description of the Brown Act, along with a discussion of court decisions and opinions of this office that add to our understanding by applying it in specific factual contexts.

Bill Lockyer

Attorney General

State of California

AB 1234: ETHICS TRAINING FOR LOCAL OFFICIALS

On October 7, 2005, the Governor signed Assembly Bill No. 1234. This law requires (among other things) that all local agencies that provide compensation, salary, or stipend to, or reimburses the expenses of, members of a legislative body must provide ethics training to local agency officials by January 1, 2007, and every two years thereafter.

There are numerous training options, including training conducted by commercial organizations, nonprofits, or even the agency's own legal counsel. In addition, interested parties have collaborated to create an on-line training program that will allow local officials to satisfy the requirements of AB 1234 on a cost-free basis. The training may be accessed at the link below.

http://www.fppc.ca.gov

Note: This is a self-serve training program. It is the trainee's obligation to print a certificate and provide it to your agency. No copies can be retained by the program or the website.

Questions, concerns or problems? E-mail: ab1234@fppc.ca.gov.

ECONOMIC DISCLOSURE LAW AND REPORTING REQUIREMENTS

The Political Reform Act of 1974 (Gov. Code sections 81000-91014) requires many state and local public officials and employees to disclose certain personal financial holdings. the Act, which frequently has been amended, began as a ballot initiative approved by over 70 percent of California voters in the wake of the Watergate political scandals. One of the Act's stated purposes declares:

Assets and income of public official which may be materially affected by their official actions should be disclosed and in appropriate circumstances the officials should be disqualified from acting in order that conflicts of interest may be avoided. (Cal. Gov’t. Code section 81002(c).)

In its findings and declarations, the Act adds:

Public officials, whether elected or appointed, should perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them. (Cal. Gov’t. Code section 81001(b).)

STATEMENT OF ECONOMIC INTERESTS (FORM 700)

For more Information go to www.fppc.ca.gov