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State Monitor Advocate The Role of The State Monitor Advocate.

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1 State Monitor Advocate The Role of The State Monitor Advocate

2 State Monitor Advocate In 1974, the Federal District of Columbia issued a ruling in NAACP V Brennan. In that case, the plaintiffs argued that the United States Employment Service (USES) denied migrant and Seasonal farmworkers (MSFWS) information provided to all other job applicants concerning the wide range of employment and educational opportunities available. This practice had the effect of assuring that migrant workers would have little chance to better themselves, and that they would be locked into the dangerous and low paying farm jobs that they had been doing for generations. MONITOR ADVOCATE POSITION CREATED BY JUDICIAL DECREE

3 State Monitor Advocate The Court agreed with the plaintiffs and issued a ruling mandating that USES provide migrant and seasonal farmworkers the same services provided to non-farmworkers. This court order was subsequently incorporated into federal regulations governing state Job Service agencies. These regulations require that MSFWs be advised of all job opportunities and provided all services, benefits, and protections authorized by law. MONITOR ADVOCATE POSITION CREATED BY JUDICIAL DECREE

4 State Monitor Advocate QUALIFICATIONS The State Administrator appoints the State Monitor Advocate. Before doing so, the State Administrator seeks qualified referrals for the job from farmworker groups and other organizations with expertise concerning MSFWS. Those who come from a MSFW background, or who speak the language of the state's MSFW population, or who are ethnically similar to MSFWS, or who have substantial experience in farmworker activities, will be considered by the State Administrator for the position of State Monitor Advocate. 20 CFR 653.108 (B).

5 State Monitor Advocate QUALIFICATIONS The State Monitor Advocate works in the State central office, has direct access to the State Administrator, and has status and compensation approved by the civil service system. The number of staff assigned to the State Monitor Advocate is determined by the number of MSFWs in the state at the peak of activity, and by the need for monitoring activity in the state. 20 CFR 653.108 (c), (d). Within three months of appointment, the State Monitor Advocate attends a training session conducted by the Regional Monitor Advocate, and any additional training sessions required by the Regional Monitor Advocate. 20 CFR 653.108 (e).

6 State Monitor Advocate DUTIES & RESPONSIBILITIES One of the principal duties of the State Monitor Advocate is to conduct formal on-site reviews of local offices, using the monitoring review format developed by ETA. 20 CFR 653.108 (g)(2), (g)(4). To prepare for the review, the State Monitor Advocate studies program performance date, reports of previous reviews, complaint logs, and other pertinent information. After the local office review the State Monitor Advocate holds a wrap-up session with local office staff to discuss findings and to offer recommendations and technical assistance. The State Monitor Advocate must then submit a written report of the findings to the State Administrator. 20 CFR 653.108(h).

7 State Monitor Advocate DUTIES & RESPONSIBILITIES In addition to reviewing local offices, the State Monitor Advocate has many other responsibilities. The State Monitor Advocate: 1. Conducts an ongoing review of the delivery of services and protections afforded by Job Service regulations. 20 CFR 653.108(g)(1). 2. Assures that all significant MSFW offices are reviewed at least once a year. 20 CFR 653.108(g)(3). 3. Reviews the State agency's outreach plan. 20 CFR 653.108(g)(3).

8 State Monitor Advocate DUTIES & RESPONSIBILITIES 4. Reviews the daily logs and other reports of outreach workers to ensure that they comply with the outreach plan. 20 CFR 653.108(g)(5). 5. Participates in federal reviews. 20 CFR 653.108(i). 6. Participates in and monitors the performance of the complaint system. 20 CFR 653.1080). 7. Serves as an advocate to improve services for MSFWs within Job Service. 20 CFR 653.108(k). 8. Frequently meets with farmworker groups and employers. 20 CFR 653.108(k). 9. Conducts frequent field visits to the working and living areas of MSFWS. 20 CFR 653.108(l).

9 State Monitor Advocate DUTIES & RESPONSIBILITIES 10. Participates in public meetings held by the DOL Regional Farm Labor Coordinated Enforcement Committee. 20 CFR 653.108(m). 11. Ensures that outreach efforts in all significant MSFW local offices are reviewed at least yearly to ensure continued compliance with 20 CFR 653.107. 653.108(n). 12. Assesses the adequacy of the annual State affirmative action plan for MSFWS, and reports such findings to the State Administrator. 20 CFR 653.108(o). 13. Ensures that Job Service outreach activities are reviewed periodically at day-haul sites at which these activities are conducted. 20 CFR 6-53.108(p).

10 State Monitor Advocate DUTIES & RESPONSIBILITIES 14.Reviews on at least a quarterly basis all statistical and other MSFW- related data reported by significant MSFW local offices. 20 CFR 653-108(q). 15. Consults with State and local offices to ensure accurate reporting of MSFW-related information. 20 CFR 653.108(r). 16. Reviews proposed State Job Service directives, manuals, and operating,instructions relating to MSFWS. 20 CFR 653.108(s). 17. Prepares an annual summary of Job Service services to MSFWs forthe State Administrator. 20 CFR 653.108(t).

11 Monitor Advocates Region V Monitor Advocate – 312 596-5419 Eric Hernandez – 312 596-5419 Hernandez.Eric@dol.gov Kansas Monitor Advocate – 785 296-5014 Jenny Tavares – 785 296-5014 jtavares@kansascommerce.com


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