Conservation Districts in Pennsylvania were created over 50 years ago by Act 217, the Conservation District Law, which authorized a County government to create a Conservation District for their County. County government, upon creating Conservation Districts, agreed to support the efforts of Conservation Districts.
Over the years, District budgets have grown, the numbers of District staff have increased dramatically, and programs have been greatly expanded. As a result, several Districts have found it beneficial to develop a formal agreement with their counties in order to facilitate cooperation and avoid misunderstandings. Since these agreements have beneficially addressed accountability and the division of authority between the District and County government, other Districts have asked for assistance in developing an agreement.
Developing the Agreement
To aid Conservation Districts in developing an agreement, the attached format
and procedure has been developed. This format contains many options, some
will pertain to your District, many others will not. This type of format can
be confusing; therefore, it is suggested that each of the following steps be
taken in developing an agreement for your District.
1. A District committee should thoroughly review this document and determine
the categories to be included in your agreement.
2. The committee should check off the options in the selected categories that
best fit your District's situation.
3. Any checked items that don't quite fit your District's situation should be
edited so that they are suitable for your purposes.
4. Any items that don't pertain to your District should be ignored and additional
items may be added.
5. A draft agreement should be developed by retaining the checked and added
items and deleting the items that do not pertain (the electronic transfer of
this document to your District should aid in this development). It should be
reproduced and distributed for review, revised as appropriate, and tentatively
approved by the District board.
6. The draft agreement should then be informally presented to the County commissioners
with an explanation of the benefits that could accrue from the agreement.
7. The District should consider any County suggestions for changes and the agreement
modified as appropriate.
8. After an agreement has been developed that is acceptable to both the County
and the District, the agreement should be submitted to both parties for formal
approval.
9. After the document is given final approval and signed by the District board
and County commissioners, a copy should be retained in the District's official
policy files and a copy sent to the State Conservation Commission.
Feel free to contact your field representative as needed as you develop your agreement.
MEMORANDUM OF UNDERSTANDING
between the
__________________CONSERVATION DISTRICT
and the
__________________COUNTY COMMISSIONERS
This memorandum of understanding addresses various items of mutual interest to the _________ Conservation District, a political subdivision of the Commonwealth of Pennsylvania, (hereinafter called the "District") and ___________ County, a political subdivision of the Commonwealth of Pennsylvania, (hereinafter called the "County"). This agreement addresses District operations, functions and responsibilities as they relate to both state law and the County government in order to provide the highest degree of mutual understanding and cooperation.
The County was created by the General Assembly on _____________, to develop and administer programs to serve the residents of the County.
The ______ Conservation District was organized at the request of County residents. The County was declared a District by the Board of County Commissioners on _______, according to provisions of the Soil Conservation Law of 1945, Act 217 of the General Assembly, as amended. This Act gives districts broad powers to provide services, employ and manage staff, charge fees for services, own and manage property, and authorizes Commonwealth agencies (including Counties) to cooperate with Districts in carrying out programs.
The primary goal of the District is the development, improvement and conservation of the County's soil, water and related resources as well as educating the community in various conservation and environmental practices and methods. To achieve this goal, the District has memorandums of understanding (MOUs) with several federal, state and local agencies and utilizes the technical services and resources of these agencies in accordance with the MOUs. The Conservation District Directors recognize and respect the individual positions, policies and responsibilities of these federal, state, and local entities.
The District is administered by a board of seven (7) Directors - four (4) farmer members, 2 public (non-farmer) members and one (1) County Commissioner (amend as appropriate for the County). District Directors are appointed by the County Commissioners from a list of names submitted by countywide nominating organizations. The Commissioners also designate one of their members to serve as a Director. Alternate Directors are not permitted. All appointed Directors serve without pay but may be reimbursed for expenses incurred in fulfilling their obligations as Directors.
The District is responsible for soil and water conservation programs as authorized by Act 217 and approved by the District board. It operates with guidance from the State Conservation Commission and other State and Federal agencies.
The parties to this memorandum set forth the following as the terms and conditions of their understanding and undertake this agreement within the limits of their capability.
Articles of Agreement
(As the agreement is developed, the appropriate options should be checked and retained. All inappropriate language should be ignored.)
General Cooperation
___ The District will assist the County, as appropriate, to achieve a broad,
effective conservation program that will address the specific needs of the County
and its residents. Within the limits of its capabilities, the District will
assist the County by interpreting soil surveys; analyze water disposal, drainage,
and erosion and sediment problems and recommend remedial measures; assist in
the County planning and subdivision review process; assist with surveys, engineering,
project review, inspections, contracts, administration construction and other
tasks to accomplish a project; assist in conducting inventories of resources,
and serve on committees, panels, study groups and otherwise assist with conservation
activities as requested.
___ The County will appoint District Directors in accordance with the Conservation
District Law, always attempting to appoint the most capable and qualified District
Directors.
___ The County will make an annual allocation, determined by the County, to
assist the District in meeting its staffing and general administration obligations.
___ The District will work to obtain funds from non-County sources to accomplish
the goals of the District.
Personnel Matters
Management
___ The staff of the District shall serve under the supervision of the District
Directors and shall carry out duties as prescribed by the District.
___ The District Directors will supervise the District manager and the District
manager or his/her designee will be responsible for the supervision of subordinate
staff members.
Employment of Staff
___ The District shall determine the number of staff to be employed and the
positions to be filled.
___ The District shall have full responsibility to make arrangements to fund
(with County and/or non-County funds) the desired positions.
___All District employees shall be carried on the District payroll with the
District making the necessary deductions from each employee's pay, paying all
required federal, state and local taxes and otherwise meeting all federal, state
and local requirements for employing individuals.
___ The County will carry District employees on the County payroll with the
County making the necessary deductions from each employee's pay, paying all
required federal, state and local taxes and otherwise meeting all federal, state
and local requirements for employing individuals.
___ The District will forward to the County cost share payments for District
staff when those staff members are carried on the County payroll.
___ The District shall have full authority to determine needed positions, arrange
for the necessary funds, interview and employ individuals to fill the approved
positions.
___ The District will review the job description duties and responsibilities
and amend as needed prior to taking action to fill any position.
___ Any change in District staff (hiring or dismissal) shall be endorsed by
a majority vote of the District Board and be approved by the County.
___ The District will recommend by majority vote, a candidate for a position
to the County. If the County should reject the candidate, the District will
approve and submit another candidate.
___ The County shall select and employ any employees on behalf of the District.
Benefits
___ The District will have a written personnel policy that relates to benefits,
promotions, increases in salary, overtime and compensatory time.
___ In consultation with the County, the District will develop a written personnel
policy which will relate to benefits, promotions, increases in salary, overtime
and compensatory time.
___ The District shall establish the salaries of each of its employees.
___ In consultation with the District, the County shall establish the salaries
of each of the District's employees carried on the County payroll.
___ The employees of the District shall have the benefits, salary increases,
etc. as outlined by the District's written personnel policy.
___ As County employees, the staff of the District will receive the benefits,
promotions and raises consistent with the County personnel policy and will function
under the County personnel policy in regard to overtime and compensatory time.
___ With the approval of the County, the District may from its funds supplement
the established County paid salaries of District staff members and/or recognize
outstanding performance with payment of a bonus.
___ The District may recognize outstanding performance of staff members with
payment of a bonus or other special benefit such as attendance at conferences.
Performance Reviews
___ The District will appoint a committee to conduct the annual performance
reviews of all District employees.
___ The County will conduct annual performance reviews of all District employees,
in consultation with the District.
___ The District manager will conduct performance evaluations of staff and the
Directors will conduct performance evaluation of the manager.
Financial Matters, Bonding, Audits and Fees
Budget
___ The District shall prepare and submit a budget of proposed expenses and
anticipated revenue for submission to the County no later than _________.
___ In response to the budget proposal submitted by the District, the County
may make an annual allocation to the District for the general administration
and District programs.
___ In response to the allocation made by the County, the District shall prepare
a revised budget showing reduced proposed expenditures or secure additional
funding as needed so that a balanced budget is approved prior to the beginning
of the fiscal year.
Payment of Bills
___ All expenditures shall either be approved in the official budget or approved
by board action at an official meeting of the District Board.
___ The District is authorized to administer its own funds, paying bills according
to District policy and maintaining the necessary records.
___ The District's funds will be maintained by the County with only the County
paying bills. Bills will be paid only when submitted to the County as approved
by the District.
Bonding
___ The District will obtain a commercial bond for its appropriate officials
in an amount not less than the greatest amount of anticipated funds available
to those officials at any one time during the year.
___ The County will include District officials under the County's commercial
bond with the County or the commercial bond carrier notifying the District in
writing of this action.
Financial Reporting
___ Within 60 days of the end of the fiscal year, the District will submit to
the County a financial report(s) showing all receipts and expenditures from
all of the District's accounts.
___The County will audit all of the District's accounts and will provide the
District with a report(s) showing all receipts and expenditures from all of
the District' accounts.
___ All auditing will be done in accordance with the generally accepted accounting
principles of the Governmental Accounting Standards Board or another generally
accepted standard with equal or greater standards of accountability.
Fees
Districts may, in a legal meeting under the Sunshine Law and by majority
vote, adopt a resolution regarding the charging of fees to provide a service.
The resolution should specifically state the fees to be charged. The fee schedule
should be equitable and applicable to all of the District's projects involving
that activity. District fee schedules may be based on the full District costs
to carry out the program but not the cost of unrelated District programs (State
Conservation Commission policy).
___The District may establish a reasonable fee schedule for developing plans
and providing other services with the approval of the State Conservation Commission
(SCC).
___ The District may establish a reasonable fee schedule for developing plans
and providing other services with the approval of the SCC, but only with the
approval of the County.
___ The District may enter into contracts or agreements with school Districts,
municipalities and groups or organizations to provide services for reasonable
fees.
___ Districts that administer the NPDES permit program for storm water discharges
from construction activities may collect the filing fees for general and individual
permit processing without taking any formal action regarding establishing a
fee schedule.
___ The District may enter into agreements or memorandums of understanding with
municipalities which require the municipality to pay a fee for review services
rendered by the District
Office Facilities
___The County will provide suitable office facilities at no charge to the District.
___ The County will provide suitable office facilities at a charge to the District
at a rate determined by the County.
___ The District will have full responsibility for obtaining and financing the
office facilities needed by the District.
___The District is authorized to purchase or otherwise obtain and administer
office facilities to be leased to agencies and organizations cooperating with
the District, with the approval of the County.
Vehicles
___ The County will provide the District employees with vehicles for their use
in conducting official business.
___ The District is authorized to purchase vehicles as needed to conduct official
business if funding is available with the District paying for the automobile
insurance.
___ Purchase of vehicles and needed insurance by the District will be in compliance
with County procurement policies.
___ District employees will use their own vehicles and be reimbursed at the
County rate for conducting official business, with the employee providing the
automobile insurance.
Equipment and Supplies
___ The County will bear full responsibility for determining, purchasing and
funding any equipment needed by the District or its employees.
___Upon request of the District, the County will determine the equipment to
be purchased by the District and fund such purchases. If funds are available
from non-County sources, the District may purchase any equipment not previously
approved by the County.
___The District shall have full authority to determine the need for any equipment
and making arrangements for needed purchases and their funding.
___ The District shall utilize the County's procedures for the purchase or disposal
of equipment and supplies.
Telephones and Computers
___ The District will have full responsibility for determining the need, type
and numbers of telephones used in the office or by its employees and making
arrangements to fund the use of this equipment.
___ The District will utilize the County's telephone system at no cost to the
District.
___The District will utilize the County's telephone system with the cost of
long distance calls to be borne by the District.
___ The District will utilize the County's telephone system with the full cost
to be borne by the District.
___ The District will approve all use of cellular telephones and pagers by any
staff member.
___ The District will bear the full responsibility for obtaining funds for its
computer system.
___ The District will utilize the County's computer system.
___The District will utilize the County as well as the State's E-mail system
as made available to Districts.
___The District will not utilize the County's E-mail system.
Postage
___ The District shall bear full responsibility for the cost of postage incurred
by the District or its staff.
___ The County will bear the full cost of postage incurred by the District or
its staff.
___ The District will utilize the County's mailing system with the District
reimbursing the County for all postage used by the District.
Legal Support
Legal Support for Enforcement Actions on Delegated Programs
___ In accordance with the provision of Act 217, the District will rely on the
Commonwealth of Pennsylvania to provide legal counsel for District Directors
and staff for actions or response regarding a DEP delegated authority.
___ The District will keep the County informed of any suits or actions regarding
District response to delegated authorities.
___ The District will assume responsibility for providing its own legal counsel
as needed to supplement DEP counsel.
___ The County will provide the District with legal counsel as needed to supplement
DEP Counsel.
Legal Counsel for Routine District Programs or Actions
___ The District will assume responsibility for providing its own legal counsel
for routine District programs, policies, concerns, etc.
___ The County will provide the District with legal counsel for routine District
programs, policies, etc.
Legal Counsel for Contracted Programs
___ The District will assume responsibility to provide for its own legal counsel
needed to address actual or anticipated legal action against the District regarding
contracted program activities or response.
___ The County will provide the District the needed legal counsel needed to
address actual or anticipated legal action against the District regarding a
contracted program.
Insurance
General Liability
___The District will obtain commercial insurance to adequately cover all District
property, equipment and vehicles
___ The County will provide commercial insurance to adequately cover all District
property, equipment and vehicles, with the insurance carrier submitting a written
notification of such coverage to the District.
Public Officials
___The District will cover District Directors and employees with a public officials
insurance to cover any liable actions by the Directors or employees.
___The County will cover District Directors and employees with a public officials
insurance to cover any liable actions District Directors and employees and will
provide the District with written notification of such insurance coverage for
the District by the insurance carrier.
Additional Terms
___The County must approve the District's request to assume a delegated or contracted
authority from the federal or state government.
___ The County will not delegate official authorities and/or responsibilities
to the District without District approval.
___ The District is authorized to purchase or otherwise obtain real estate with
the approval of the County.
___The District will annually submit to the County a general program of anticipated
work and results for the ensuing year no later than December 31.
___ The District will submit to the County reports on programs, accomplishments
and finances as requested by the County.
Nondiscrimination
q The District and County will not discriminate on the basis of race, color,
national origin, sex, religion, age, disability, political beliefs, or marital
status.
Modification and Review
___This memorandum of Understanding shall become effective upon the signatures
of the Chairperson of the ________________ Conservation District and the County
Commissioners.
___ This Memorandum of Understanding may be modified by written agreement and
by the execution of written supplemental agreements of both parties.
___ This Memorandum of Understanding may be terminated by either party by giving
ninety (90) days written notice to the other signatory party.
___ This Memorandum of Understanding shall be binding to both parties and the
obligations and responsibilities shall be honored and respected by their respective
successors.
___This Memorandum of Understanding shall be reviewed every five (5) years,
or as needed and can be revised by a majority vote of each party - the District
Board of Directors and the Board of County Commissioners.
The signing of this Memorandum of Understanding was authorized by the County
Commissioners
on the ___ day of ___, 20___.
_________________________ Commissioner
_________________________ Commissioner
_________________________ Commissioner
The signing of this Memorandum on behalf of the District was
authorized by a resolution of the District governing body adopted at a legal
meeting on the ___ day of ___, 20__.
__________________________ Chairman
__________________________ Secretary