II - BOARDS AS LEGAL OWNERS
INSIDE THIS SECTION:
CONSERVATION DISTRICT LAW
NACD PAPER ON DISTRICT EMPLOYEE ADMINISTRATION
BOARD ULTIMATELY RESPONSIBLE FOR STAFF
GUIDANCE ON HOW STAFF INTERACTS WITH COMMUNITY, PROGRAMS AND AGENCIES
STAFF DEVELOPMENT AND TRAINING - PROVIDING TOOLS TO DO THEIR JOB
STAFF COMPENSATION
BOARDS NEED TO KNOW THEIR STAFF
ASSURE SKILLS AND PHILOSOPHY IS APPROPRIATE
BOARDS NEED TO PROVIDE CLEAR DIRECTION
THE CONSERVATION DISTRICT LAW
In May 1945, the Pennsylvania General Assembly passed the Soil Conservation District Act (Act 217, commonly known as The Conservation District Law). The law states that "When the county governing body determines that conservation of soil and water, and related resources and control and prevention of accelerated erosion are problems of public concern in the county, and that substantial proportion of the rural land owners of the county favor such a resolution, it shall be lawful for the said county governing body to declare the county to be a conservation district."
The Law continues on to state that "When a county has been declared a conservation district, a board of directors shall be appointed by the county governing body." By definition, this board of directors shall be the governing body of the conservation district. A conservation district's board of directors is a governing board, not an advisory board.
EXCERPTS FROM THE CONSERVATION DISTRICT LAW
Pennsylvania is committed to local control of conservation district programs. While in many other states conservation districts are an extension of state agencies or the USDA Natural Resources Conservation Service, Pennsylvania's conservation districts are most closely linked to county government. Counties provide a large portion of the funding for district operations and exercise influence over direction of district programs. This local involvement in natural resource management remains a cornerstone of conservation philosophy in Pennsylvania.
The powers that are granted to the board of directors of a conservation district by Act 217 are far-reaching and substantial. They allow for growth and development of the district programs and encourage collaborative efforts in resource management. These powers include, but are not limited to:
1. To conduct surveys, investigations and research relating to the character of soil erosion and the preventive measures needed;
2. To employ the necessary personnel to properly conduct the operations of the districts and provide adequate and necessary insurance coverage for directors and employees, and provide fringe benefits for employees, provided funds are available for such purposes;
3. To carry out preventive and control measures within the district, including but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in land use, and drainage operations with the written consent of the owner and occupier of such lands;
4. To cooperate or enter into agreements with any agency or any occupier of lands within the district in carrying on erosion control and preventive operations;
5. To obtain options on and acquire by purchase, exchange, lease, gift, grant, bequest, devise or otherwise, and property or right or interests;
6. To make available agricultural and engineering machinery and equipment;
7. To construct, improve and maintain such structures as may be necessary or convenient for the performance of any authorized operations;
8. To assist and advise owners and occupiers of land in developing and/or implementing plans for storm water management, water use, water management and water pollution control, soil erosion control, and conservation of water and soil resources;
9. To assist and advise county and municipal governments in subdivision and land development reviews;
10. To conduct educational programs relating to soil and water conservation and to publish educational materials relating to soil and water conservation;
11. To accept authority delegated by municipal or county governments, the Commonwealth or Federal Government;
12. To sue and be sued in the name of the district; and to make and execute contracts necessary or convenient to the exercise of its powers;
13. To require contributions as a condition to extending benefits; and
14. To accept contributions.
With power comes responsibility. Under Pennsylvania's Conservation District Law, Boards have very defined roles and legal responsibilities. In addition to employing the personnel necessary to properly conduct district business, providing necessary insurance for directors and necessary insurance and fringe benefits for staff, a conservation district board of directors must execute sound business and fiduciary responsibilities.
The Conservation District Law requires that the board of directors shall:
1. Provide for the execution of surety bonds for any members or employees who shall be entrusted with funds or property;
2. Shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted;
3. Shall prepare and distribute annual reports; and
4. Shall provide for an annual audit of the accounts of receipts and disbursements.
District directors also have extensive responsibilities not specifically enumerated in Act 217. Directors must be knowledgeable concerning local environmental problems, monitor conservation planning, promote compliance with environmental regulations, assign program priorities, supervise district staff, lobby for needed assistance, and coordinate activities of outside agencies with district projects. These responsibilities are those of the Board and can not be shared with professional staff. The staff in essences acts under the authority of the Board.
District Employee Administration
An information paper by the NACD District Operations Committee
This paper provides information regarding administration, coordination of work, and technical guidance of conservation district employees.
Background
Conservation districts across the United States and territories employ over
7,000 persons. They are a valuable resource to conservation districts and are
highly regarded members of the Conservation Partnership. A court case against
a district board for wrongful dismissal of a conservation district employee
was won by the employee because administrative oversight was improperly transferred
to an NRCS employee.
This paper outlines practical recommendations made by the NACD District Operations Committee to assist conservation districts. State conservation agencies and state associations should use this information to guide and train district boards on administration, coordination of work, and technical guidance of district employees. This information should also be used to prepare Cooperative Working Agreements, Operational Agreements, District Personnel Policy, and other agreements.
Guidance
Personnel administration involves the procedures, documentation, management,
and supervision of district employees. All of these functions are conservation
district board responsibilities.
I. Administrative functions such as hiring, dismissal, job descriptions, training, performance evaluation, leave approval, and payroll are the responsibility of the district board or employer of record, or delegated district manager, and should not be delegated or transferred to any other agency or organization.
II. Coordination of work, workload assignments, and technical guidance should be clarified by the district officials, coordinated with, and communicated to their employees, and any other partner agencies and organizations personnel. If a district employee is delegated these functions, the district officials remain ultimately responsible and accountable for this coordination.
III. Directions to NRCS employees regarding giving technical guidance to a district and relationships to district employees is specified in the NRCS General Manual 180 section 401.
IV. Coordination of work arrangements with other agencies and responsibilities should be included in Cooperative Working Agreements and Operational Agreements.
V. State conservation agencies have a statutory responsibility to work with their conservation districts on personnel administration. Districts should seek their guidance and assistance when questions arise.
VI. A useful source of information on this subject is NACD's recently revised publication "Personnel Management Reference Book For Conservation District Officials" available after the 1998 Annual Meeting for $10.00 plus postage and handling by calling the NACD Service Center at (800) 825-5547.
BOARDS ULTIMATELY RESPONSIBLE FOR STAFF
It is clear that the responsibility for the district program, its legal obligations and the people (staff) that help carry out those obligations fall squarely upon the district board members. The individuals that make up the district staff have a challenge to carry out the directions and objectives of the district board within the confines of the philosophies and policies of the board. The board is challenged to clearly state those philosophies and policies to the staff.
It is quite common for boards to closely check the personal and technical qualifications of their potential staff members but how often do we investigate their philosophical compatibility? For that matter, how well is the philosophy of the district stated?
The major responsibilities of a board can be divided into three categories: 1.) to identify and maintain the vision and mission of the conservation district; 2.) to delegate and guide the implementation of the district's vision and mission through programs and partnerships; and 3.) to ensure the availability of appropriate and necessary resources to get the job done.
The first duty of the board is to provide clear and reaffirming answers to the questions "Why does this conservation district exist?," "What is our vision for the future?," and "How well are we serving the needs of our county's residents and natural resources?"
The second duty of the board is to translate their vision into action. In reality, board members do very little of the doing themselves. Their vision and its related actions are delegated to the district's professional staff. This delegation needs to be built upon well-formulated, written policies that state the values and perceptions the district wants to develop and preserve. Through its policies, a conservation district's board of directors exercises proactive leadership.
A good exercise for every conservation district board is to periodically review all of the policies it has adopted. Many boards will discover that they have not adopted as many operational policies as they may have thought. Others will find that some of their existing policies are no longer relevant and need to be updated to reflect the district's current circumstances. Keep in mind, too, that boards should not attempt to adopt a policy statement for every imaginable contingency.
District directors are responsible for ensuring that the resources exist to effectively carry out the district's mission. Personnel and money are a district's most valuable assets. One of the unique aspects of conservation districts is their mixture of volunteers and paid staff. Organizations are judged by the people associated with them. Dedicated and involved directors who lead and inspire competent, professional staff create successful, effective conservation districts.
Boards are also responsible for providing the professional development of their staff to adequately do their jobs. Training, development, certification and the tools to do their jobs adequately are all vital to assuring a district that can effectively serve its community.
In order for a conservation district to be effective, the district board and the district staff need to know some very important things about each other. The directors need to know that their paid staff has the technical and interpersonal skills necessary to carry out program requirements and meet the expectations of the people and organizations needing the services of the district.District staff needs to realize the important background and experiences that the individual directors bring to the district board. Each director has been nominated by his or her peers and has been appointed by the county governing body because of the life experiences and personal commitment related to natural resource issues. It is the mutual interests and commitment of volunteer directors and paid professional staff that are the strength of a good conservation district.
District staff also need to be aware of the requirements of the board which represents it's community. How information and material is collected, digested and represented may differ from board member to board member. Directors must send clear indications as to how information exchange is to occur and should routinely challenge staff to meet those requirements.
As we've seen in the proceeding sections, district staff are the representatives of the board. How they interact with the community, other agencies, programs and even our legislators must be clearly defined for staff's benefit as well as the district's. Giving clear direction sends a message not only to the staff but also to the individuals dealing with the staff that they are truly empowered to speak on behalf of their board of directors. It all comes down to providing clear direction and knowing the district team members. The following section of this handbook provides some tools that help facilitate those goals.