HANCOCK COUNTY, MAINE, SOIL & WATER CONSERVATION DISTRICT BYLAWS

Article 1 – Name and Office

The Organization’s name is the Hancock County Soil and Water District, and it may be referred to herein as the “District.” The District maintains an office and place of business within Hancock County as determined by the District’s Board of Supervisors.

Article 2- Authority

The Hancock County Soil and Water Conservation District, hereinafter “District” is organized under Title 12 Maine Revised Statute Annotated, Conservation Chapter 1 Soil and Water Conservation Districts §1-§206 from which it draws its statutory authority; it constitutes an agency of the State and a public body corporate and politic, exercising public powers, and such district, and the supervisors thereof, shall have the powers granted under its provisions.

Article 3 – Definitions

  • a.“District” shall mean the Hancock County Soil and Water Conservation District.

  • b.“Member” shall be all currently serving elected and appointed supervisors and associatesupervisors of the District, created under the provisions of the laws of the State of Maine.Members are entitled to vote with respect to all business of the Hancock County Soil and WaterDistrict pursuant to and in compliance with prescribed Maine laws.

  • c.“Meeting” means the regularly scheduled meeting of the District, conducted at the time, placeand location selected and for which public notice is duly provided per Maine laws.

  • d.“Agenda” shall mean a separate listing of each item of business intended to be presented foraction at forthcoming Meetings. It should be in sufficient detail to put all Members on notice ofthe matters to be considered.

Article 4 – Governance

The District shall be governed by a Board of 5 Supervisors.

  • Section 1. Elections The election procedure and duties of District Supervisors are defined by 12 M.R.S.A. §§ 101 and 102.b. The District shall be governed by these Bylaws, Robert’s Rules of Order Newly Revised and the applicable statutes of the State of Maine.

  • Section 2. Quorum Three-fifths of the District’s supervisors present shall constitute a quorum for all meetings.

  • Section 3. Decision Making Decision making shall be made by consensus or three-fifths majority if necessary. Associate supervisors shall be polled to help reach group consensus.

  • Section 4. Executive Director The Board of Supervisors may employ an executive director for the District. If an Executive Director is in place, the Board of Supervisors is responsible for hiring, performance review, establishing and determining compensation, disciplinary action, and termination of the Executive Director. The Executive Director is responsible for submitting an annual budget and work plan to the Board of Supervisors and the administrative management of other district employees and contractors as well as all other duties within the Executive Director’s job description.

  • Section 5. Other Employees If an Executive Director of the District is not in place, the Board of Supervisors will provide oversight and management of District employees and contractors.

Article 5 – District Purpose

  • a. The District’s purposes shall also be to serve as a central means of determining and implementing its program objectives and financial requirements as determined by its Board of Supervisors.

  • b. The District will operate under Section 501(c) (5) of the Internal Revenue Code of 1986, as amended, or the corresponding section of any future federal tax code.

  • c. The District shall have and shall exercise all of the corporate powers of a non-stock corporation as provided by the laws of the State of Maine, to the extent that such laws are not otherwise inconsistent with the provisions of these Bylaws.

Article 6 – Officers and Their Election

  • Section 1. Officers The District shall have the following elective officers: Chair, Vice-chair, Secretary and Treasurer. All candidates will be nominated, seconded and voted, either individually or as a slate, at the final meeting convened each calendar year.

  • Section 2. Terms of Office

    • a. All officers may serve subsequent, consecutive terms if so chosen.

    • b. A District officer must resign from their officer position should they no longer serve as a District Supervisor.

  • Section 3. Duties of Officers

    • a. Chair- The chair shall be the executive head of the District and shall preside at its meetings, establish meeting agendas, entertain motions and call for and conduct votes of its supervisors.

    • b. Vice-chair- The Vice-chair shall serve as the executive in the absence of the chair and carry out the same duties and responsibilities.

    • c. Secretary- The Secretary shall record the minutes of District meetings and craft, keep and maintain other District documentation as necessary.

    • d. Treasurer- Treasurer, in accordance with proper accounting procedures, shall be responsible for receiving all funds of the Association, making all disbursements as authorized by the Board of Supervisors and investing the District’s monies as directed by the Supervisors.

    • e. The representative to the Maine Association of Conservations Districts (‘MACD’) shall normally attend meetings and represent the District. The representative will be selected by the supervisors at the first meeting after elections have been completed. The Board of Supervisors shall reserve the right to instruct the MACD Representative with regard to any particular issue or position as it may determine or limit their authority to act on the issue or position until the Board has reviewed the alternatives. The Alternate MACD Board Representative shall be the District’s Vice-chair or other staff designee.

Section 4. Line of Succession

In the event of disability or resignation of the Chair, the Vice–chair shall accede automatically to serve as the District Chair, completing the balance of the term until the next election of officers. Should the Vice-chair accede to become the District chair, the Supervisors will then select another to serve as the Vice-chair, also for the remaining balance of the term, until the next election of District officers.

Article 7 – District Committees

a. When appropriate, the Board of Supervisors may establish standing committees, including but not limited to: Technical Services, Education, Public & Governmental relations, Budget, Personnel and Governance.

b. When appropriate, the District supervisors may establish ad-hoc committees, and appoint members to these ad-hoc committees.

Article 8 – Finances

a. The District shall consider and approve an annual budget put forth by the Treasurer.

b. The financial records of the District shall be audited or reviewed every three years by a certified public accountant;

c. An annual report of the actions taken by the Board of Directors during the past year and a statement of the income and expenditures of the District shall be made available.

Article 9 – Meetings of the District

Section 1. Annual Meeting

The Board of Supervisors shall set the date and place of the annual meeting of the District.

Section 2. Other Meetings

The Chair, in consultation with District Supervisors, shall set the date and place of other meetings of the District as needed.

Article 10 – Amendments to the Bylaws

a. Proposed amendments to these Bylaws may be considered by the Board of Supervisors, provided the proposal has been submitted in writing to the Chair at least thirty (30) days prior to the date of the meeting upon which it is to be considered for adoption and provided that written or electronic notice of the proposed amendment has been sent to all District Supervisors.

b. A three-fifths affirmative vote of those Supervisors present shall be necessary for adoption.

c. Amendments shall become effective immediately upon adoption except those that have a specified effective date.

Article 11 - Term of Bylaws

Section 1. Effective Term of Bylaws

This version of the HCSWCD Bylaws supersedes any previously adopted HCSWCD Bylaws as of the adoption date below. Adopted, July 13, 2022.