[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 


>>> "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



-----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx 
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx] On Behalf Of Pomerantz, Jane C.
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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