South Dakota Conservation Districts Continuing Education

1
South Dakota Conservation DistrictsContinuing
Education

• Module 5
• Legal Responsibilities of a Supervisor

2
Discussion questions

• What actions in history acted to create the
  conservation district system?
• What legislation directs the activities of a
  conservation district?
• What is the role of the conservation district
  supervisor to assure compliance with conservation
  laws?
• What are the key legal responsibilities of a
  conservation district supervisor?

3
Historical and Legal Precedents

• In 1935, Congress approved the establishment of
  the Soil Conservation Service (SCS). The Act
  required the states receiving its benefits to
  enact legislation providing for the prevention of
  soil erosion. The U.S. Department of Agriculture
  consequently prepared a standard Conservation
  District Act for the states to consider.
• Thus the idea of conservation districts was born
  and district law was passed in South Dakota in
  1937.

4
Historical and Legal Precedents

• Three chapters of state law directly affect
  conservation districts. These are SDCL 38-7
  (Division of Resource Conservation and Forestry),
  38-8 (Conservation Districts) and 38-8A (Soil
  Erosion and Sediment Damage Control).
• It was not until 1982 that all areas of the state
  were covered by conservation districts.
• These districts were developed as Soil
  Conservation Districts, later expanded to Soil
  Water Conservation Districts, then in 1968
  changed to Conservation Districts to represent
  their wide range of responsibilities.

5
Legal Responsibilities

• South Dakotas conservation districts are legal
  subdivisions of state government. (38-7-2(3) and
  38-8-15)
• Districts can sue or be sued and execute
  contracts. Districts can set up offices, operate
  or sell property, accept funds and manage federal
  grant programs.

6
Legal Responsibilities

• Districts should protect the board of supervisors
  and others entrusted with funds through surety
  bonds and insurance. (SDCL 38-8-48)
• Districts are required to keep records, hold
  public meetings, and carry out duties consistent
  with applicable state operation and meeting laws
  - even if their funds are self generated.
• Any supervisor of a conservation district may be
  removed by the State Conservation Commission upon
  notice and hearing, for neglect of duty or
  malfeasance (wrongdoing or misconduct) in office,
  but for no other reason.

7
Supervisor Elections and Appointments

• SDCL 38-8-39 through 38-8-44 require that
  supervisors represent certain segments of the
  public, as follows
• Three supervisors shall be rural landowners or
  occupiers
• One supervisor shall be a resident of an urban
  area (municipality as defined in SDCL 9-2-1 and
  any unincorporated municipality that is not
  prohibited from incorporation by SDCL 9-3-1." )
  and
• One supervisor shall be a taxpayer of real
  property.
• These five supervisors are to reside within the
  district and are to be elected at large at a
  general election. All voters eligible to vote in
  a general election can vote on all supervisors.

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Supervisor Elections and Appointments

• The Conservation commission shall keep a record
  of supervisors elected in each district,
  appointments to fill vacancies, and the
  expiration date of each supervisor's term of
  office.
• The commission shall provide nominating petitions
  for district supervisors to district offices as
  needed by April 1 of the general election year
  (usually sent in January).
• The commission shall provide newly elected
  supervisors with an oath of office form.

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Supervisor Elections and Appointments

• SDCL 38-8-39 requires districts to give legal
  notice, before any general election, of all
  positions for which nominations may be filed. The
  last publication of the notice must be
  accomplished between June 10 and June 15 of the
  election year. Completed petitions must be filed
  by July 1.
• Any person who has duly filed a valid nominating
  petition (signed by twenty-five or more voters in
  the district) for a supervisor's position, and is
  unopposed by other candidates, is automatically
  elected and certified to fill the office.

10
Supervisor Elections and Appointments

• Supervisors serve a four-year term, beginning on
  January 1st following the election. However,
  when a supervisor's position becomes vacant
  during the first two years of a four-year term,
  the board of supervisors can appoint someone to
  fill the position until the next general
  election, at which time a supervisor is elected
  for a two-year term.
• If a vacancy occurs during the last two years of
  a four-year term, an appointment can be made to
  fill the position until the next general
  election, at which time a supervisor is elected
  for a full four-year term. The purpose is to
  maintain the established rotation of supervisor
  elections.

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Supervisor Elections and Appointments

• An appointed supervisor cannot be automatically
  carried over without going through the election
  process. To continue to serve without at least a
  nomination by petition, he must be reappointed by
  the board.
• An elected supervisor is in a different
  position. Unless the supervisor has forfeited
  the office by virtue of death, resignation or
  removal, he holds office until a successor is
  "elected and qualified" (Attorney General Opinion
  No. 70-39), and until the term of the new
  supervisor begins on January 1. The failure of
  an elected candidate...to petition for reelection
  does not of itself automatically cause such
  office to be vacated.

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Supervisor Elections and Appointments A. G.
Opinion No. 70-39 (cont.)

• The responsibility to circulate petitions and
  timely file the same consistent with SDCL 38-8-39
  rests with any individual desiring to seek such
  public office. An incumbent in such office who
  does not circulate and file a petition for such
  office runs a risk of finding another citizen has
  circulated and filed a petition and is eligible
  as a successor in office. However, in the
  absence of the circulation and timely filing of
  such petition by any person, the incumbent will
  remain in office until his successor is elected
  and qualified at the next general election."

13
Legal Responsibilities

• At the first meeting in January of each year the
  supervisors of a conservation district shall
  designate a chairman, vice-chairman, a secretary
  and a treasurer, or a secretary-treasurer. The
  treasurer, or secretary-treasurer, if combined,
  need not be a member of the board of supervisors.
  
• A majority of the supervisors (3 of 5) shall
  constitute a quorum and the concurrence of a
  majority in any matter within their duties shall
  be required for its determination. (In other
  words, if only three supervisors are present a
  motion must pass unanimously)

14
Legal Responsibilities

• All meetings and hearings of the board of
  supervisors shall be open to the public and
  publicized
• Supervisors may hire employees.
• Supervisors may call upon the state attorney
  general and local state's attorney for legal
  services.
• Supervisors may delegate to their officers, to
  one or more supervisors, or to one or more
  employees such powers and duties as they may deem
  proper and consistent with this chapter.

15
Legal Responsibilities

• Supervisors
• may provide surety bonds for all employees and
  officers entrusted with funds or property
• shall keep a full and accurate record of all
  proceedings, resolutions and orders issued or
  adopted and,
• within sixty days of the close of the district's
  fiscal year, shall produce a financial report and
  report of principal activities. The reports shall
  be kept at the both the Division of Resource
  Conservation and Forestry and the district.

16
Legal Responsibilities

• Districts must hold public meetings and may
  solicit legal assistance from the attorney
  generals office to carry out activities of the
  district.
• Districts work directly with the state Department
  of Agriculture, Division of Resource Conservation
  and Forestry, the Conservation Commission and
  resource users to carry out the duties of the
  district.

17
Legal Responsibilities

• Districts are responsible to
• Implement the provisions of the Soil Erosion and
  Sediment Damage Control Act (SDCL 38-8A),
  including the blowing dust provisions.
• Seek assistance from the Division of Conservation
  and State's Attorney as needed.
• Work with counties to implement SDCL 31-12-44
  45, and with townships to implement SDCL-31-13
  -57 58 in addressing erosion damages to local
  roads.

18
Functions Powers

• Each conservation district is a governmental
  subdivision of the state as in South Dakota
  Codified Law (SDCL) Chapter 38-8-15 and has and
  shall exercise the following functions, powers,
  and duties to
• Employ, subject to available funds, clerical and
  staff personnel, including legal staff
• Conduct surveys, investigations, and research
  relating to soil erosion, floodwater, non-point
  water pollution, flood control, water pollution,
  sediment damage, and watershed development

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Functions Powers (contd)

• Devise and implement measures for the prevention
  of soil erosion, floodwater and sediment damages,
  non-point water pollution, and for the
  conservation, development, utilization and
  disposal of water on state or private lands with
  the consent of the land occupier.
• Construct, improve, operate, and maintain any
  structures considered necessary or convenient for
  the performance of any operation authorized by
  this part, and acquire property, both real and
  personal, through purchase, or otherwise, and
  maintain, improve, and administer such property
  consistent with the purposes of this part

20
Functions Powers (contd)

• Enter into contracts or agreements in the name of
  the district, and sue and be sued
• Receive funds from any federal or state agency or
  from any county, city, or other political
  subdivision within the state or from any private
  source
• Annually submit to the commission on or before
  January 30, of each year, a copy of the minutes
  of each district meeting, a copy of its annual
  work plan, and an accounting of the district's
  financial affairs.
• Do all other things necessary or convenient for
  the efficient and effective administration of the
  district.

21
Soil Erosion and Sediment Damage Control

• Complaints about damaging soil erosion fall under
  SDCL 38-8A. While the law is not a strong
  regulatory act, it has helped districts solve
  many erosion problems in a constructive way.
• The law provides
• 1) a way for people to seek some action when
  they are adversely affected by erosion, without
  the necessity of going to court. An affected
  party retains the right to sue under the tort
  claims law, Chapter 21, if a satisfactory
  solution cannot be found under Chapter 38-8A.

22
Soil Erosion and Sediment Damage Control

• Conservation districts have no legal authority to
  establish ordinances, only county and local
  governments have that.
• However, conservation districts, by state law,
  must establish soil erosion standards. By law,
  the county must enforce these standards when they
  issue permits within the county thereby,
  creating a symbiotic relationship between the
  county and the conservation district.

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Soil Erosion and Sediment Damage Control

• Additionally the law provides
• 2) local control and local solutions for resource
  problems. State agencies cannot enforce actions
  on a complaint, unless the "land-disturbing"
  activities are carried out under contract with an
  agency of the state.
• 3) a conservation district can seek injunctive
  relief in a circuit court to enforce the
  provisions of the law.

24
Soil Erosion and Sediment Damage Control

• The district has two months from receipt of a
  complaint to
• determine if the district erosion standards are
  being violated,
• determine if the person signing the complaint is
  adversely affected, and
• advise the petitioner of the boards disposition
  of his complaint.
• The land disturber has up to six months to
  develop an erosion and sediment control plan.

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Soil Erosion and Sediment Damage Control

• Upon approval by the district board, the
  disturber then has up to six months to implement
  the plan. The district has authority to grant a
  variance for additional time if six months is not
  long enough for a complex implementation project.
  
• Emergency situations can force land treatments as
  quickly as three days if ordered by the county
  commissioners.

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Support Material

• This Manual is dedicated to making the task of
  the supervisor easier. Hopefully, it will
  provide, in one place, most of the basic
  knowledge and guidance a supervisor needs to
  efficiently implement a sound and effective
  conservation program in the district.

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Summary

• Conservation districts are legal subdivisions of
  state government with additional powers
  including
• The right to sue and be sued
• Execute contracts
• Make rules and set regulations
• Set up offices
• Operate or sell property
• Accept funds
• Manage federal grant programs
• Hold public meetings

28
Summary

• District law was passed in South Dakota in 1937
• 1982 that all areas of the state were covered by
  conservation districts
• Districts are required to keep records, hold
  public meetings
• Supervisor may be removed for neglect of duty or
  malfeasance

29
Summary

• Three supervisors are rural landowners or
  occupiers
• One supervisor is an urban resident
• One supervisor is a taxpayer of real property
• Districts must give legal notice, before any
  general election, of all positions for which
  nominations may be filed
• Supervisors serve a four-year term (two years if
  filling a vacancy)

30
Summary

• Appointed supervisor must be at least reappointed
  by the board (if not going through election
  process).
• Elected supervisor (unless forfeited by death,
  resignation or removal) holds office until a
  successor is elected

31
Summary

• Each conservation district has the power and
  duties to
• Employ staff subject to available funds
• Investigate soil erosion, floodwater, water
  pollution, sediment damage, and watershed
  development
• Implement measures for the prevention of soil
  erosion,
• Construct structures and acquire property, both
  real and personal necessary or convenient to
  fulfill their responsibilities

32
Review Questions

• What actions in history acted to create the
  conservation district system?
• What legislation directs the activities of a
  conservation district?
• What is the role of the conservation district
  supervisor to assure compliance with conservation
  laws?
• What are the key legal responsibilities of a
  conservation district supervisor?