[wiaattorneys] Re: Question on Incorporating One Stop Consortiums
- From: "Sante Perrelli" <perrellis@xxxxxxxxxxxx>
- To: <wiaattorneys@xxxxxxxxxxxxx>, "John Yeary" <jyeary@xxxxxxxxxxxxxxxxxx>, <jpomerantz@xxxxxxxxxxx>
- Date: Fri, 29 Apr 2005 09:07:19 -0400
My knee jerk is that, under Michigan law, WIBs are public boards and thus are
subject to open meetings and freedom of information act requirements (I believe
that WIA makes the boards subject state "sunshine" laws). Moreover, our state
constitution prohibits public bodies from assuming debt unless specifically
authorized by our constitution. Private corporations (not for profit or
profit) are free to assume as much debt as they want. Thus, I am reluctant,
under Michigan law, to conclude that a WIB may operate as a non profit
corporation.
Sante
>>> "John L. Yeary" <jyeary@xxxxxxxxxxxxxxxxxx> 4/25/2005 12:31:01 PM >>>
Jane -
I believe a couple of our LWIBs have incorporated into domestic not for
profit corporations in order to formalize their existence (Kansas lacks any
State WIA legislation).
John Yeary
Deputy Chief Attorney
Kansas Department of Commerce
785-296-1913
-----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Pomerantz, Jane C.
(GC-LI)
Sent: Monday, April 25, 2005 11:00 AM
To: wiaattorneys@xxxxxxxxxxxxx
Subject: [wiaattorneys] Question on Incorporating One Stop Consortiums
A consultant for a local area's one stop consortium has advised it to
incorporate for several reasons.
Has any of the organizations in your state, i.e. WIBs, One stops and or one
stop consortiums incorporated. If so, why and into what? If they have not is
it because of any laws in your state. PA Constitution states that the
Commonwealth cannot become a joint owner or stockholder in any company,
corporation or association. I'm not sure if this would, according to case
law, prohibit the Commonwealth from being part of a non profit corporation
for the public purpose of administering the WIA.
Can I get some help please?
Thanks JP
Jane C. Pomerantz
Deputy Chief Counsel
Department of Labor & Industry
Phone: 717-787-4186
Fax: 717-787-1303
Wisdom is knowing the right road to take.
Integrity is taking it.
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