[wiaattorneys] Re: WIB as public instrumentality

  • From: Thomas Ukinski <tukinski@xxxxxxxxxxxxxxx>
  • To: jpomerantz@xxxxxxxxxxx
  • Date: Thu, 23 Jun 2005 12:53:28 -0500

Whether a WIB would be an instrumentality would depend on the purpose of 
the inquiry.  In Nebraska a WIB, as an independent board and 
âinstrumentality,â would be a public body for purposes of public meetings 
statutes.  A public body includes âall independent 
boards...and...instrumentalities exercising essentially public functions.â 
Neb. Rev. Stat. Â 84-1409 (1) (Reissue 1999). 

The prohibition in Section 188 (a) (2) of WIA [ Â 188 (a) (2) 29 U.S.C. Â 
2938 (a) (2)] against excluding  individuals from benefits, programs or 
activities based upon race, color, religion, sex, national origin, and 
other categories, applies to âa  State or other recipient of funds.â 
Recipients include State and Local Workforce Investment Boards.  29 C.F.R. 
 37.4.  It could thus be argued that a WIB is an instrumentality of the 
State in this case.  On the other hand, receipt of funds does not turn an 
entity into a state or federal agency, as has been already observed.  This 
is true with regard to the application of the Freedom of Information Act 
(FOIA).  See, e.g., St. Michaelâs Convalescent Hospital v. State of 
California, 634 F.2d 1369 (9th Cir. 1981) (FOIA does not encompass state 
agencies or bodies, even though they receive funds through the Medicaid 
program; Medicaidâs pervasive statutory and regulatory scheme would not 
convert acts of local and state agencies into acts of the federal 
government unless there were extensive, detailed, virtually day-to-day 
supervision by the federal government); DeHarder Inv. Corp. v. Indiana 
Housing Finance Authority, 909 F. Supp. 606 (S.D. Ind. 1995) (Indiana 
Housing Finance Authority was state chartered and subject to almost no 
federal supervision; FOIA did not apply to it even though it received 
federal funds and was subject to federal regulations).

"Pomerantz, Jane C.  (GC-LI)" <jpomerantz@xxxxxxxxxxx> 
Sent by: wiaattorneys-bounce@xxxxxxxxxxxxx
06/21/2005 12:18 PM
Please respond to


[wiaattorneys] WIB as public instrumentality

Has anyone reviewed the issue of whether the local WIBs are public 
instrumentalities?  I don't think they are but I wondered if anyone has 
explored the issue.
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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