§ 15A-10. Board of Directors or Board of Trustees.

(a) The chief executive officer of the Workforce Development Organization must serve as the executive director of the County’s Workforce Development Board and the staff of the Workforce Development Organization must also staff the County’s Workforce Development Board.

(b) Each voting member of the Board of Directors of a nonprofit corporation designated as the County’s Workforce Development Organization must be either a resident of the County or a senior manager in a for-profit or nonprofit entity that has a significant presence in the County.

(c) A member must not be paid for service on the Board of Directors of a nonprofit corporation designated as the County's Workforce Development Organization but may be reimbursed for necessary travel expenses.

(d) A member of the Board of Directors of a nonprofit corporation is not subject to Chapter 19A because of serving on the Board. The Workforce Development Organization’s bylaws or other governing laws must protect against any conflict of interest or similar impropriety by members of the Board of Directors or the Executive Director or any other employees. The bylaws or other governing laws must include:

(1) a prohibition against self-dealing and collusive practices;

(2) a provision for the disclosure of a financial or similar interest of any person in any matter before the corporation that would create a conflict of interest;

(3) a provision establishing conditions under which a person is disqualified from participating in decisions or other actions in which there is a conflict between the person’s official duties and private interests;

(4) appropriate remedies for a violation of the bylaws, including removal or termination; and

(5) a policy to protect whistleblowers.

(e) Notwithstanding any inconsistent provision of County Code Section 19A-21, a member of the Board of Directors or a staff member of the Workforce Development Organization who engages in legislative, administrative, or executive advocacy as part of that person’s duties is not required to register as a lobbyist under Article V of Chapter 19A because of that advocacy.

(f) The Board of Directors of a nonprofit corporation or the governing body of a public educational institution must direct the program, management, and finances of the Workforce Development Organization. (, § 2; , §1; , §1.)