Page:United States Statutes at Large Volume 112 Part 2.djvu/72

 112 STAT. 956 PUBLIC LAW 105-220—AUG. 7, 1998 (A) IN GE^fERAL.— The chief elected official in a local area is authorized to appoint the members of the local board for such area, in accordance with the State criteria established under subsection (b). (B) MULTIPLE UNITS OF LOCAL GOVERNMENT IN AREA.— (i) IN GENERAL. —In a case in which a local area includes more than 1 unit of general local government, the chief elected officials of such units may execute an agreement that specifies the respective roles of the individual chief elected officials— (I) in the appointment of the members of the local board from the individuals nominated or recommended to be such members in accordance with the criteria established under subsection (b); and (II) in carrying out any other responsibilities assigned to such officials under this subtitle. (ii) LACK OF AGREEMENT. — If, after a reasonable effort, the chief elected officials are unable to reach agreement as provided under clause (i), the Grovernor may appoint the members of the local board from individuals so nominated or recommended. (C) CONCENTRATED EMPLOYMENT PROGRAMS. —In the case of a local area designated in accordance with section 116(a)(2)(B), the governing body of the concentrated employment program involved shall act in consultation with the chief elected official in the local area to appoint members of the local board, in accordance with the State criteria established under subsection (b), and to carry out any other responsibility relating to workforce investment activities assigned to such official under this Act. (2) CERTIFICATION. — (A) IN GENERAL. —The Governor shall, once every 2 years, certify 1 local board for each local area in the State. (B) CRITERIA. — Such certification shall be based on criteria established under subsection (b) and, for a second or subsequent certification, the extent to which the local board has ensured that workforce investment activities carried out in the local area have enabled the local area to meet the local performance measures. (C) FAILURE TO ACHIEVE CERTIFICATION.— Failure of a local board to achieve certification shall result in reappointment and certification of another local board for the local area pursuant to the process described in paragraph (1) and this paragraph. (3) DECERTIFICATION. — (A) FRAUD, ABUSE, FAILURE TO CARRY OUT FUNCTIONS. — Notwithstanding paragraph (2), the Governor may decertify a local board, at any time after providing notice and an opportunity for comment, for— (i) fraud or abuse; or (ii) failure to carry out the functions specified for the local board in any of paragraphs (1) through (7) of subsection (d). (B) NONPERFORMANCE.—Notwithstanding paragraph (2), the Governor may decertify a local board if a local area fails to meet the local performance measures for such

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