It will be interesting to see how the Upper Rio Grande Workforce Commission handles the situation when they hire our ex city manager as their temporary director.
From what I can tell the commission was created under subchapter F of chapter 2308 of the Texas government code. The commission’s geographic area is the western most counties of Texas including El Paso county. The city of El Paso and it’s mayor are also members.
Separate staff
The controlling state law requires that any staff that works at the workforce commission must be separate from the staff that works at the counties and the city:
Sec. 2308.267. STAFF. (a) A board may employ professional, technical, and support staff to carry out its planning, oversight, and evaluation functions.
(b) A board’s staff shall be separate from and independent of any organization providing workforce education or workforce training and services in the workforce development area. A board’s staff may not direct or control the staffing of any entity providing one-stop workforce services.
Workforce training
Section 2308 defines workforce training as:
“Workforce training and services” means training and services programs that are not workforce education.
The city of El Paso provides personnel training through several departments, including police, fire, and environmental services. The city’s website confirms this.
So the staffs must be separate if the city provides training, which it does.
Employee
The city’s contract with the ex city manager declares her to be an employee, not an independent contractor.
Our city council may elect to change their contract with the ex city manager to allow her to work at the commission while she is still onboard at the city. The problem is that the workforce commission cannot hire her if she is still an employee of the city.
Will they? Probably. We have local governments that rely upon their attorneys to declare illegal actions legal.
You might argue that it is only a technicality as to whether she is an employee or a contractor. That would be ignoring the fact that the state legislature thought it was important enough to make it the law.
We deserve better
Brutus
Actually, I think they will make a perfect match. The Workforce Commission pretty much does nothing but spend tax dollars, and she is good about throwing tax money at things.
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It is interpreted to mean that URG staff does not run the job centers but farms the running out to a separate contractor and this causes no end of disconnects. Lorenzo Reyes, a fine manager IMHO, did the best he could with this can of worms. Good luck to Wilson because she will have her hands tied as he did.
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