ORDINANCE NO. BL2001-697

An ordinance amending Title 2 of the Metropolitan Code creating the Nashville Career Advancement Center as a division of the Office of the Mayor and authorizing it to enter into grants and contracts for services pursuant to the Workforce Investment Act of 1998.

Whereas, by enactment of the Workforce Investment Act of 1998 (29 U.S.C. 2801, et seq.), the Congress established a federally-funded program to deliver job training and employment services to adults and youth and to individuals who have been dislocated from their jobs due to plant closure or mass layoffs; and,
Whereas, Congress repealed the Job Training Partnership Act and replaced it with the Workforce Investment Act of 1998 (the Federal Act); and,
Whereas, the Tennessee Workforce Development Act of 1999 (T.C.A. 4-3-1401, et seq.) created the Department of Labor and Work Force Development and gave it the authority to implement and administer programs under the Federal Act, including the authority to enter into agreements and contracts with units of local governments; and,
Whereas, the Federal Act establishes a framework for governors of the states to establish Local Workforce Investment Areas and certify local workforce investment boards to expedite the delivery of services funded under the Act on a regional basis; and,
Whereas, under authority of the Federal Act, the Governor of Tennessee has created Local Workforce Investment Area Nine consisting of Davidson, Rutherford, Trousdale, and Wilson counties in the state of Tennessee (the counties), and a Local Workforce Investment Board comprised of representatives from such counties to be a regional entity responsible for the implementation and operation of the work force development system; and,
Whereas, under the authority of the Federal Act, the local elected officials of the counties designated the Nashville Career Advancement Center, an agency of Metropolitan Government, to be the local fiscal agent and administrator of the Federal Act funds under the Board's jurisdiction; and
Whereas, the Nashville Career Advancement Center (formerly known as the Mayor's Employment and Training Resources Agency), operating through the Mayor's Office, has been the agency through which the Metropolitan Nashville and Davidson County develops and administers the job training programs pursuant to Workforce Investment Act of 1998 and the now repealed Job Training Partnership Act of 1982; and
Whereas, there is a need to formally establish the Nashville Career Advancement Center (NCAC) as a division of the Office of the Mayor; and,
Whereas, under the Federal Act, the local administrator must be able to act expeditiously to receive grants and enter into contracts for services using federal funds; and,
Whereas, it is in the best interest of the Metropolitan Government to allow the NCAC to seek and receive grants and enter into service contracts and/or agreements for the use of funds made available to accomplish the purpose and intent of the Federal Act without the necessity of approval by the Metropolitan Council; and,
Whereas, under Section 8.103 of the Metropolitan Charter, the Director of Finance has the authority and responsibility to review and approve the receipt of any grant and any service contract and/or agreement for the use of funds made available to accomplish the purposes and intent of the Federal Act.
Now, therefore, be it enacted by the Council of The Metropolitan Government of Nashville and Davidson County.
Section 1. That Title 2 of the Metropolitan Code be amended by adding a new chapter 2.175 to read as follows:
2.175.010. Creation.
There is hereby created the Nashville Career Advancement Center (NCAC) which shall be a division of the Office of the Mayor.
Director, Duties.
There shall be an executive director of the NCAC who shall be appointed by the Mayor and who shall be responsible for the day-to-day operation and management of the NCAC. The position of the executive director shall be in the unclassified service. The executive director shall have the following specific duties:
The supervision, direction and control of the functions of the NCAC.
Supervision, direction and control of the employees of the NCAC.
Coordination among government departments, agencies and officials as necessary to meet the objectives of the NCAC and the other administrative entities created by the State of Tennessee under the Workforce Investment Act of 1998 (Federal Act).
Performance of other oversight responsibilities as directed by the Mayor.
2.175.030. Personnel.
All employees of the Office of the Mayor assigned to the Nashville Career Advancement Center as of the effective date of this ordinance shall be transferred to the NCAC and shall continue to be in the unclassified service.
2.175.040. Duties and Powers.
To administer programs as described in the workforce development system pursuant to the Federal Act's rules and regulations promulgated to carry out the purposes of the Act; and applicable federal, state, and local laws, rules and regulations.
To accept grants of funds made available to accomplish the purpose and intent of the Federal Act and enter into operational agreements using such funds with the Local Workforce Investment Board and any successor or additional agency as established and required by the Federal Act.
To promote, coordinate and implement employee recruitment, skill assessments, skills training, and career counseling to employers and the general public to improve the quality of the Metropolitan Davidson County and surrounding area workforce.
To develop and implement employee retention services including the development and operation of satellite and corporate career centers in the Metropolitan Davidson County and surrounding areas.
To develop and implement professional services programs designed to help employers and employees understand the labor market.
To render training and other services related to employment issues in the workplace.
To receive and disburse all funds related to program operations in the local area.
To monitor and evaluate program operations implemented under the Federal Act.
To contract with vendors for services contemplated by the Federal Act.
To determine and verify participant eligibility as defined by the Federal Act.

Section 2. That any amendment to the authority approved herein may be approved by resolution of the Metropolitan Council receiving twenty-one (21) votes.
Section 3. That this ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: David Briley & Leo Waters

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2001-697

MR. PRESIDENT:


I move to amend Ordinance No. BL2001-697, as follows:
In Section 1, delete the proposed Section 2.175.040(2) and, in its place, insert the following:
2. Subject to the approval by resolution of the Metropolitan Council, NCAC may accept grants of funds made available to accomplish the purpose and intent of the Federal Act and enter into operational agreements using such funds with the Local Work Force Investment Board and any successor or additional agency as established and required by the Federal Act.

I further move that Section 2 of Ordinance No. BL2001-697 be deleted in its entirety.

Sponsored By: Leo Waters
Amendment Adopted: June 5, 2001

LEGISLATIVE HISTORY

Introduced: May 15 , 2001
Passed First Reading: May 15, 2001
Referred to: Budget & Finance Committee
Amended: June 5, 2001
Passed Second Reading: June 5, 2001
Passed Third Reading: June 12, 2001
Approved: June 13, 2001
By: Mayor Bill Purcell