Legal Responsibilities

The next few modules in the training series are going to cover responsibilities of conservation district officials. These responsibilities fall into a few different categories:

• Legal Responsibilities
• Fiduciary Responsibilities
• Ethics

We'll tackle the arena of legal responsibilities today, which fall under a few different categories:

• Powers and authorities of conservation districts
• Powers and authorities of board members
• Legal responsibilities of a public official
• Assessing resource needs
• Developing long range and annual plans
• Policy development and recommended policies
• District liability
• Compliance with local, state and federal laws, rules and regulations
• Non-discriminatory statements and policies

• Takes the overall leadership of the Conservation District – 
• Leads all District meetings in accordance with the District’s locally accepted practices – 
• Calls the meeting to order at the appointed time 
• Presides over all District meetings  
• Preserves order and decorum  
• Votes in case of a tie, roll call vote, or vote by ballot
• Assures proper review of all information before board action is taken

Has an active responsibility to assist the Chairperson to carry out District work

• Has an active responsibility to assist the Chairperson to carry out District work  
• Is familiar with the duties of the chairperson  
• Presides as chairperson in president chair’s absence

A secretary is not required to be a member of the board. However, it is the responsibility of the board that secretary and treasurer duties are carried out.

• Is familiar with the duties of the chairperson  
• Can preside as chairperson in the absence of vice president chairperson and president chairperson  
• Supervises all written reports
• Supervises the recording of the minutes of all District meetings for their accuracy and compliance with the Open Meetings Act

The treasurer safeguards the District’s assets and provides a complete accounting of its financial status. However, the board is ultimately responsible for the financial well-being and condition of the District.  

• Supervises the paying of all District bills
• Verifies the District’s financial standing
• Signs and verifies all bank statements
• Supervises that complete and accurate records are suitable for audit
• Give financial report at board meetings
• Never signs blank checks without the bearer’s name and/or dollar amount designated

• Uphold all applicable federal, state, and local laws including; Civil rights/Equal Opportunity Laws Employment/Personnel Management Municipal Ethics Open Public Meetings Public Records Disclosure Whistleblower Rights
• Maintain a full and accurate record of district business that is available for review 
• Oversee your district’s finances, record keeping, & cooperative agreements
• Secure surety bonds for board officers and employees who handle money 
• Carry out an annual financial audit 
• Solicit legal counsel 
• Delegate board authority 
• Appoint advisory committees

Adapted from  Conservation District Supervisor Responsibilities – Washington State 

Also see the Responsibilities section of the  DACD Supervisor's Handbook .

Conservation Districts lead an annual Locally Led Workgroup meeting to hear from local producers and other stakeholders about their needs and resource concerns. 

The District boards consider the feedback from the workgroups and make recommendations to NRCS and other partners on the technical and financial needs to address the concerns. 

The input gained through this process helps to shape the districts’ long term strategies and annual work plans.

We'll talk about the Locally Led Process in more detail in a later training on the Roles and Responsibilities of Local, State and National Association and Partners.

Further reading: “ Locally Led Conservation: Resource Needs Assessments, A Guide for Conservation Districts ” via the Nevada Association of Conservation Districts, August 2018

Districts should consider both long range and annual planning efforts. We'll introduce these two plans here, and will explore these in greater detail in a future training module on District Operations.

A long range plan provides clear goals and objectives to be attained within a five-year time frame.  Specific issues in the strategic plan come from the resource assessment are focused, detailed and clear about what is to be done, who is involved, when each step is to be performed and how the plan will be evaluated.

Elements of a strategic long range plan include:

• Mission Statement
• Goals and Objectives
• Strategies (or action items)

The district’s strategic plan can be broken down into annual segments, which are readily identifiable and guide the district in its day-to-day operations.

Further Reading:  Annual Work Plan and Five Year Plan templates , from the Washington State Conservation Commission

What are policies?

Why establish district policies?

District employees and supervisors need to establish and know district policies for a variety of reasons:

A policy may be useful to:

• Eliminate confusion
• Protect the district legally
• Keep the district in compliance with government regulations, policies, and laws
• Establish consistent work standards, rules and regulations
• Provide consistent and fair treatment for employees
• Help customers define expectations

Conservation districts must by state and federal law provide equal opportunity in employment and program delivery 

An equal opportunity statement should be included on position announcements, meeting notices, program brochures, fact sheets and other program materials 

Districts should actively promote their programs among minorities and other disadvantaged groups 

Districts are encouraged to develop a record-keeping system to track and evaluate its efforts to increase diversity, equity and inclusion.

Further Reading:  NACD Board of Directors’ Statement on Diversity, Equity and Inclusivity 

•  Legal Responsibilities Guide – Oklahoma 
•  Conservation District Governance and Accountability – Utah 

• What is your District's mission statement?
• Does your District have a strategic plan and an annual work plan?
• Are there policies that need clarification or attention?

Everyone has a part to play. We have the power. You can do it. - Maxine Waters