(a) The success of Montgomery County’s economic development goals is dependent upon a comprehensive and demand-driven system of workforce development that: (1) meets the talent attraction, development, and retention needs of strategic industries; (2) meets the needs of the underemployed and unemployed; and (3) develops career pathways that lead to sustainable wage jobs to support a thriving economy. (b) To achieve these goals, the County Government may designate a nonprofit corporation or a public educational institution or both, as the County’s Workforce Development Organization to implement the County’s workforce development policies established by the Workforce Development Board.

(a) The Council must designate, by resolution approved by the Executive, a single nonprofit corporation or a public educational institution, or both, which complies with all requirements of this Article as the County’s Workforce Development Organization. If the Executive disapproves the resolution within 10 days after receiving it, the Council may readopt the resolution with at least 6 affirmative votes. (b) To continue to qualify as the County’s Workforce Development Organization, a nonprofit Corporation’s articles of incorporation and bylaws must comply with all requirements of this Article. (c) Any designation under this Section expires at the end of the fifth full fiscal year after the resolution is adopted unless the Council extends the designation by adopting another resolution under this Section. (d) The Council at any time may suspend or revoke the designation of a corporation or a public educational institution, or both, as the County’s Workforce Development Organization by resolution, adopted after at least 15 days public notice that is approved by the Executive, or, if the Executive disapproves the resolution within 10 days after receiving it, is readopted by a vote of at least 6 Councilmembers.

(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.

(a) To qualify as the County’s Workforce Development Organization, a nonprofit Corporation’s articles of incorporation must provide that the Corporation is: (1) a Maryland nonprofit, non-stock corporation, the purposes and activities of which are limited to those that are permitted to be promoted or performed by a corporation that is recognized as exempt from federal income tax under 26 U.S.C. § 501, as amended; (2) not an instrumentality of the County; (3) incorporated for the purpose of serving as the County’s Workforce Development Organization and implementing the County’s workforce development policies, as established by the Workforce Development Board; (4) organized and operated under the laws of the State of Maryland; and (5) headquartered in the County. (b) The bylaws of a nonprofit corporation designated as the County’s Workforce Development Organization may contain any provision necessary to govern and manage the Corporation that does not conflict with this Article. The Corporation may exercise all powers and is subject to all requirements which apply to non-stock corporations under the Corporations and Associations Article of the Maryland Code. (c) A public educational institution designated as the County’s Workforce Development Organization must be created under the laws of Maryland and headquartered in the County.

(a) The Workforce Development Organization must recommend workforce development programs and associated performance measures to the Executive, Council, and Workforce Development Board each year to advance the policy objectives listed in Section 15A-8. (b) The Workforce Development Organization’s workforce development programs may include a plan for sponsorship of private investment, marketing, and advocacy initiatives. (c) The Workforce Development Organization should make every effort to include in its workforce development programs a pre-apprenticeship job training program that: (1) is designed to prepare individuals to enter and succeed in an apprenticeship program registered by the Maryland Apprenticeship and Training Council; and (2) includes: (A) training and curriculum that prepares participants with the skills and competencies to enter one or more of the Maryland-registered apprenticeship programs that prepare workers for careers in the clean energy and environment industry, including jobs related to: (i) renewable energy; (ii) energy efficiency; (iii) energy storage; (iv) resource conservation; (v) environmental protection; and (vi) advanced transportation; (B) a documented strategy for increasing apprenticeship opportunities for underemployed and unemployed individuals; and (C) rigorous performance and evaluation methods to ensure program efficacy and continuous improvement. (d) The Workforce Development Organization’s governing body and staff must meet with the Executive, the Council, and the Workforce Development Board at least annually regarding the Workforce Development Organization’s activities and finances.

(a) The Office of Management and Budget, the Department of Finance, and other departments of County government and County-funded agencies, if the Workforce Development Organization’s Board of Directors or governing body requests, should provide relevant economic data to the Organization. The research division of the County Planning Board must provide research support to the Organization to the extent approved by the Council as part of the Planning Board’s work program. (b) The Workforce Development Organization may raise public and private funds and may accept services from any source consistent with its purposes. (c) The Workforce Development Organization must: (1) make public data sets available on the web to: (A) improve public knowledge of the Organization and its operations; (B) further its mission; or (C) increase its accountability and responsiveness; and (2) provide the Executive, the Council, and the Workforce Development Board, upon request, all non-confidential data produced and received by the Organization, including research, economic data, and minutes of Board meetings.

The Workforce Development Organization’s Board of Directors or governing body must report annually on the activities and finances of the Organization and provide an audited financial statement of the Organization to the Executive, the Council, and the Workforce Development Board by November 1 of each year. The report must also include the Organization’s plan to solicit and receive additional public and private funding for its operations.