128-00-98 Ark. Code R. § 1

Current through Register Vol. 49, No. 6, June, 2024

Rule 128.00.98-001 - Bylaws of the Arkansas Forestry Commission

I. General

A. Intent: These Bylaws supplement the Arkansas Forestry Commission's Rules and Regulations dated October 1,1992, its enabling legislation, codified at A.C.A. § 15-31-101et seq., and other pertinent statutes. The Bylaws govern the conduct of the business of the Arkansas Forestry Commission and shall be interpreted to establish orderly, equitable, and efficient procedures.

B. Effective Date: Pursuant to A.C.A. § 25-15-204(e), these Bylaws are effective ten days after filing with the Secretary of State, the Arkansas State Library, and the Arkansas Code Revision Commission.

C. Authority: The Arkansas General Assembly established the Arkansas Forestry Commission and prescribed its organization, duties, and powers. A.C.A. § 15-31-103(c) directs the Arkansas Forestry Commission to adopt rules for the conduct of its business.

II. Membership and Structure

A. Members and Terms: A.C.A. § 15-31-102 provides that the Arkansas Forestry Commission shall have nine members appointed by the Governor. Members serve nine-year terms.

B. Officers

1. Chair

a. At the final Regular Meeting of 1997 and every second year thereafter, members of the Arkansas Forestry Commission shall elect a Chair to serve during the next two calendar years.

b. A member shall serve as Chair for no more than four years during a nine-year term.

c. The Chair shall determine the agenda for all meetings of the Arkansas Forestry Commission, except the Chair shall place items on the agenda at the request of five or more members.

d. The Chair shall preside at all meetings of the Arkansas Forestry Commission.

e. The Chair shall appoint members to the Standing Committees and may establish ad-hoc committees.

f. The Chair shall authenticate by his signature all the approved acts, orders, and minutes of the Arkansas Forestry Commission.

g. The Chair may represent the Arkansas Forestry Commission.

2. Vice Chair

a. At the final Regular Meeting of 1997 and every second year thereafter, members of the Arkansas Forestry Commission shall elect a Vice Chair to serve during the next two calendar years.

b. A member shall serve as Vice Chair for no more than four years during a nine-year term.

c. The Vice Chair shall become the Acting Chair and temporarily shall assume the powers and duties of the Chair in the event of the absence or disability of the Chair.

d. The Acting Chair shall revert to the Vice Chair and the Chair shall resume the powers and duties of the office when the Chair is able.

e-1. If the Chair is unable to fulfill the duties of the office for the remainder of a term, the Vice Chair shall become Chair for the remainder of the term. This service shall not count toward the four-year term limit established at Bylaw § 11(B)(1)(b).

e-2. At the next Regular Meeting after the Vice Chair ascends to the Chair, the members shall elect a new Vice Chair to complete the term. This service shall not count toward the four-year term limit established at Bylaw § 11(B)(2)(b).

3. Secretary

a. As provided in A.C.A. § 15-31-104, the State Forester shall be, ex officio, secretary of the Arkansas Forestry Commission but shall have no vote on matters coming before it.

b. As authorized by A.C.A. § 15-31-104(2), the Arkansas Forestry Commission delegates to the State Forester the powers and duties vested in it by its enabling legislation. The State Forester's decisions made under this delegated authority are subject to review by the Arkansas Forestry Commission. The Arkansas Forestry Commission retains its authority to determine agency policy.

III. Committees

A. General

1. Committees shall review issues and recommend action to be taken by the Arkansas Forestry Commission. Committees are not empowered to act on behalf of the Arkansas Forestry Commission absent specific authorization.

2. A committee shall meet as needed and as called by the committee chair.

3. The committee chair shall determine the agendas for committee meetings, preside at committee meetings, and report committee recommendations to the Arkansas Forestry Commission.

4. The committee chair shall authenticate by his signature all the approved acts, orders, and minutes of the committees.

B. Standing Committees

1. Executive Committee: The Chair and Vice Chair of the Arkansas Forestry Commission and the chairs of the Personnel and Finance Committees shall comprise the membership of the Executive Committee. The Chair of the Arkansas Forestry Commission shall serve as Chair of the Executive Committee. The Executive Committee shall review proposed legislation and shall consider other matters not directly related to agency personnel and finances, all as determined by the Chair.

2. Personnel Committee: The Personnel Committee shall consider issues and agency policies regarding personnel matters.

3. Finance Committee: The Finance Committee shall review budgets proposed by the staff and may consider other matters concerning the finances of the agency.

C. Ad-hoc Committees: The Chair may appoint ad-hoc committees to review specific matters and make recommendations to the Arkansas Forestry Commission. Ad-hoc committees disband upon completion of the assigned tasks.

IV. Meetings of the Arkansas Forestry Commission

A. Quorum: A.C.A. § 15-31-103(e) provides that a quorum shall consist of not less than five members present at any Regular or Special Meeting.

B. Regular Meetings: A.C.A. § 15-31-103(d) provides that the Arkansas Forestry Commission shall meet quarterly.

C. Special Meetings: A.C.A. § 15-31-103(d) provides that the Chair may call Special Meetings. Upon request of five or more members, the Chair shall call a Special Meeting.

D. Procedures; In presiding at meetings, the Chair shall employ reasonable and efficient procedures. The Chair shall resolve procedural issues by following Robert's Rules of Order.

E. Voting: Except the Chair, each member shall be entitled to one vote on each matter coming before the Arkansas Forestry Commission. The Chair may vote whenever the Chair's vote will affect the result.

V. Severance and Amendment

A. Severance: The provisions of these Bylaws are severable. Any provision determined to be contrary to law shall be void and the remaining provisions will not be affected.

B. Amendment: The Arkansas Forestry Commission may amend these Bylaws by majority vote of a quorum at any Regular or Special Meeting.

128.00.98 Ark. Code R. § 001

3/24/1998