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Briefing on WIA Memoranda of Understanding for Local Policymakers. Insert your name place date. What We’ll Talk About Today. What is a WIA MOU Why is it important
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Briefing on WIA Memoranda of Understanding for Local Policymakers Insert your name place date
What We’ll Talk About Today • What is a WIA MOU • Why is it important • What is the role of: the Chief Local Elected Official(s); the Local Workforce Investment Board; & the One Stop Partners related to the MOU • Where to Start the MOU Process • Seven Key Decisions you need to address
What is a Memorandum of Understanding (MOU) • The MOU is developed by the Local Workforce Investment Board and Chief Elected Official with each partner and describes the following: • Services to be provided through the One Stop system • How the service and system operating costs will be funded • Methods of referral between one stop operator and one stop partners • The duration of the MOU and procedures for amending • Other appropriate provisions agreed to by the partners
Why is the MOU Important • The key to building a high quality workforce development system in New York is the One Stop System. • The MOU is the glue that, as the one stop system is designed, describes what services will be delivered, by whom, how, and at what cost. • In effect, the MOU defines the terms of each one stop partners’ participation in the one stop system.
Where should you start • Before local negotiations can begin, WIBs and one stop partners must arrive at a common vision, define their local services, and allocate costs for this local system. Four excellent starting points are available at www.wdsny.org : • “The New York State MOU Template” is an excellent piece of work, and the “official” starting point • Agreements at the State level provide guidance at “MOU for Implementation of the Workforce Investment Act by Agencies of New York State”, • “The Services and Funding Toolkit” is geared to local policymakers and one stop partners, it deals with establishing your vision and basic cost allocation • The accompanying MOU Toolkit, also designed for policymakers.
Seven Key Decisions about the MOU • Who are the required partners • Responsibilities of the one stop partners • Balancing mere compliance with high quality performance • What form should your agreement take • What is the best forum for negotiating MOUs • How do you negotiate the MOU • What happens if you reach an impasse
Decision 1: Who are the One Stop partners • WIA lists a number of required partners • Because the Local WIB must be majority business, adding public sector partners means adding additional business partners • It is permissible in some cases for one board member to represent multiple partners • Although most required partners will be known locally, not all the required partners, such as the Job Corps, exist in every workforce area • The State Board or the Local Board can name optional partners • A good listing of required partners can be found on page 3 of the MOU Toolkit
Decision 2: Responsibilities of the One Stop Partners • All One Stop Partners (required or optional) must commit to all of the following: • Make “core services” available to program participants through the one stop system • Use a portion of their program funds to create and maintain the one stop system and to provide core services, to the extent permitted by their own program’s legislation • Enter into an MOU regarding the operation of the one stop system • Participate in the operation of the one stop system • Serve as a representative on the local workforce investment board • Note: Local Workforce Investment Boards have the option of adding additional expectations of partners.
Decision 3: Balancing Compliance with Building a High Quality System • Rigorous performance measurement and the measuring of business and jobseeker customer satisfaction in order to continuously improve the local system are requirements of WIA • While it is a legal requirement that MOUs reflect compliance with WIA, it must be remembered that the ultimate goal in New York State is genuine systems integration and systems change to benefit all employers and workers. • Continuous improvement principles and suggestions are offered under Strategy 7, Services and Funding Toolkit.
Decision 4: What form should your MOU take • There are several options that can be used for your MOU: • Umbrella agreement applying to all partners • Individual, separate agreements applying to each partner • Hybrid, or a combination of the best of the above two models • Let’s talk about the pluses and minuses of the three models (see pages 8, 9 in MOU Toolkit)
Decision 5: What is the best forum for negotiating MOUs • One Stop partners have two sometimes conflicting roles: members of the local governance body (LWIB), as well as representatives of an agency providing services • For partners to perform both roles to the full benefit of the community, they need an appropriate context to exercise them. • The MOU Workgroup believes that the workforce board is a governance body, and not an appropriate venue to work through partnership issues. There could be an appearance of conflict of interest. • Therefore, although it is not required by WIA, the MOU Workgroup recommends that local areas develop a separate partner entity, “a partners table”, where partners can work out as many MOU issues as possible prior to their being taken up by the WIB.
Decision 6: How do you negotiate the MOU • How you choose to negotiate the MOU is a local decision • An excellent starting point is the Services and Funding Toolkit,which provides step by step guidancethat may help you define what services will be delivered, by whom, how, and at what cost. • Although most believe that we need to build a genuine workforce development system in New York, it must be recognized that contributing partners have interests, resource constraints, and often their own legislative requirements. • It will be important to focus on “interests”- yours and each partners, not just “positions” (see page 11 MOU Toolkit) • You have many options locally, and particularly this year the tight timeframes dictate that you quickly settle on how you will negotiate.
Decision 7: How will you handle potential impasse situations • The entire community loses out if even one partner doesn’t sign the MOU. An LWIB that does not have an MOU with all required partners is not eligible for state incentive grants. • If impasse is not resolved, parties without an MOU cannot sit on the Workforce Investment Board. • Partners and Boards may seek help from NYSDOL as the agency designated to mediate impasse situations, their own respective agencies, the State Board, or as a last resort federal agencies. • Local Boards and partners are required to negotiate in good faith, and document their efforts • Part of the initial negotiation meeting should address the negative effect on the community of any impasse, and possible solutions may be built into any negotiation protocols.
Where to go for assistance with MOU negotiations • NYSDOL Workforce Development and Training Division, (518) 457-0361 • A good list of resources can be found on page 28 of the Services and Funding Toolkit. (Also throughout the S&F Toolkit.)
