AS OF JULY 29, 2010
PENNSYLVANIA BAR ASSOCIATION
BY-LAWS OF THE SECTION ON ENVIRONMENTAL AND ENERGY LAW
Name and Purposes
Section 1. This Section shall be known as the Environmental and Energy Law Section.
Section 2. The purposes of the Section are:
(a) To study and strive to improve the law and its operation, including by supporting education, in all phases relating to the environment, energy, ecology, mineral and natural resources in its broadest sense, including air, coal, hard minerals, natural gas, oil, water rights, land, and all products of mines, wells and quarries and energy issues
(b) To provide a forum for the exchange of views among members of the Section and with Federal, State and Municipal agencies administering such laws.
(c) To provide opportunities for the development of friendship and understanding among environmental, energy, mineral and natural resources lawyers including those employed by governmental agencies.
(d) To make such reports and recommendations as may be deemed useful or desirable to the public, the Association and the Section.
Section 1. Each member of this Section shall pay to the Pennsylvania Bar Association annual dues.
Section 2. Any member of the Association, upon request and upon payment of Section dues for the current year, shall be enrolled as a member of this Section. Thereafter such dues shall be paid in advance each year, beginning on January 1 next succeeding such enrollment. Members so enrolled and whose dues are so paid shall constitute the membership of this Section.
Section 3. Any member of this Section whose annual dues are more than six months past due and who fails to pay same within thirty days' notice of nonpayment shall thereupon cease to be a member of this Section.
Officers and Council
Section 1. The officers of this Section shall be a Chair, a Vice Chair, a Secretary, an Assistant Secretary and a Treasurer, each of whom shall be a member of this Section in good standing at the time of his or her selection. The position of Assistant Secretary will be combined with the position of Treasurer at the 2011 annual meeting. The new position will be called "Treasurer". To transition the elimination of an officer position, for that term (beginning 2011), it is anticipated that the current Treasurer will retain that position for a second term.
Section 2. There shall be a Council of this Section which shall consist of the officers together with six (6) members at large to be elected by the Section as hereinafter provided. The immediate past-Chair shall also be a voting member of the Council.
Section 3. Each officer of this Section shall be nominated and elected in the manner hereinafter provided at the earlier of a meeting held during the Pennsylvania Bar Institute/Pennsylvania Bar Association Annual Environmental Law Forum ("ELF") or the annual meeting of the Section, and shall hold office for a term of two years, beginning at the close of the annual meeting of which he or she shall have been elected and ending at the close of the second succeeding annual meeting of the Section, and until his or her successor shall have been duly elected.
Section 4. Annually, two members of the Section shall be elected to the Council as members at large to hold a term of three years, beginning at the close of the annual meeting in which he or she shall have been elected and ending at the close of the third succeeding annual meeting of the Section.
Nomination and Election of Officers
Section 1. Nominations. Prior to earlier of the ELF or the annual meeting of this Section, the Chair shall appoint a nominating committee of three (3) persons none of whom shall be Council members. The nominating committee shall report to the Section its nominations for all offices and Council at large membership to be filled. Not less than 30 days prior to the earlier of the ELF or the annual meeting the Chair shall notify the members of the Section of the names, office address and, office phone number of the members of the nominating committee. By petition signed by not less than seven members, any member may request the nominating committee to nominate any member in good standing for any office or for Council and the committee shall do so. In the event of more than one nominee for a particular office or Council seat the person to serve shall be determined by election by the Section members present at the earlier of the ELF or the annual meeting by majority (or plurality) vote.
Section 2. Elections. At the earlier of the ELF or the annual meeting of the Section, elections may be ordered by resolution to be secret, written ballot.
Duties of Officers
Section 1. Chair. The Chair shall preside at all meetings of the Section and of the Council. The Chair shall prepare and distribute an agenda for each meeting. The Chair shall formulate and present at each annual meeting of the Pennsylvania Bar Association a report of the work of the Section for the past year. The Chair shall perform such other duties and acts as usually pertain to the office or as may be designated by the Council.
Section 2. Vice Chair. The Vice Chair shall assist the Chair in the performance of responsibilities in such manner and to such extent as the Chair may request. The Vice Chair shall perform such further duties and have such further powers as usually pertain to the office or as may be designated by the Council or the Chair. In case of the death, resignation or disability of the Chair, the Vice Chair shall perform the duties of the Chair for the remainder of the Chair's term.
Section 3. Secretary. The Secretary shall assist the officers of the Section as to the work of the Section generally. The Secretary shall be the custodian of all books, papers and documents of the Section. The Secretary e shall keep minutes of all meetings of the Section and of the Council and the record of all action taken by consent without a meeting. The Secretary shall perform such further duties and have such further powers as may be designated by the Council or the Chairperson.
Section 4. Treasurer. The Treasurer shall assist the officers of the Section as to the work of the Section generally. The Treasurer shall maintain liaison with the staff of the Pennsylvania Bar Association in connection with the Association's collection of Section dues. Disbursements from the funds of the Section on deposit with the Pennsylvania Bar Association shall be made upon requisition by the Chairman and the Treasurer to the Pennsylvania Bar Association. The Treasurer shall keep a record of all disbursements and make periodic financial reports to the Council and an annual financial report to the membership of the Section at the annual meeting. The Treasurer may prepare an annual budget for the Section which shall be submitted to, considered and approved with such revisions of any as are deemed desirable by the Council at its first meeting succeeding the annual meeting.
Duties and Powers of the Council
Section 1. Subject to the provisions of the Constitution and By laws of the Pennsylvania Bar Association, the By laws of this Section and action duly taken by the Section at its annual meeting, the Council shall have general supervision and control of the affairs of this Section.
Section 2. The Council may authorize the Chair to appoint committees from Section members to perform such duties and exercise such powers as the Council may designate.
Section 3. The Council shall approve the annual budget, if presented, and any revision thereof and shall approve the expenditure of all monies by the Section or appropriated for its use, but it shall not authorize commitments involving the payment of money during any fiscal year in the amount exceeding the monies of the Section or appropriated for its use.
Section 4. During the interim between annual meetings of this Section, the Council may fill vacancies in its own membership or in the office of any officer of the Section, but the term of office of any person so selected shall terminate at the close of the next annual meeting of the Section where that position would otherwise have been scheduled for election.
Section 5. The Council may meet at any time and place on the call of the Chair or any three members of the Council.
Section 6. All action of the Council shall be by a majority vote of the members of the whole Council present (in person or by conference call) and voting. Members of the Council, if personally present or participating by electronic means at the meeting, shall vote in person, writing, or by voice, but, if absent, may communicate their vote in writing to the Secretary, and such vote shall have the same effect as if cast at the meeting.
Section 1. The regular annual (if not held in conjunction with the ELF) and semiannual meetings of this Section shall be held during the periods of the annual and semiannual meetings of the Pennsylvania Bar Association and at the same city or place.
Section 2. Special meetings of the Section or the Council may be called by the Chair at such time and place as may be approved by the Council. Members attending such special meetings shall be reimbursed from Section funds for their direct out of pocket expense incurred by reason of attending, but only upon submission of itemized bills to the Chair who may approve or disapprove such in whole or in part.
Section 3. The members of the Section present at any meeting shall constitute a quorum for the transaction of business, and all action of the Section shall be by a majority vote of the members present.
Section 4. The Council may meet by conference call or in person, with a majority of the Counsel constituting a quorum.
Section 1. The fiscal year of this Section shall be the same as that of the Pennsylvania Bar Association.
Section 2. The bills incurred by this Section, before being forwarded to the Treasurer of the Pennsylvania Bar Association for payment, shall be approved by the Chair, or if the Council shall so direct, by the Chair and the Secretary.
Section 3. No salary or compensation shall be paid to any officer of the Section, member of the Council or member of a Committee, provided that certain out of pocket expense may be reimbursed in accordance with Article VII, Section 4.
Section 4. No action by this Section shall become effective as the action of the Pennsylvania Bar Association until it is approved by the Pennsylvania Bar Association. Any resolution adopted or action taken by the Section may on request of the Section be reported by the Chair of the Section to the annual meeting of the Pennsylvania Bar Association or to its Board of Governors for the Association's action thereon.
Section 5. All printing for the Section or for the Council or any committee of the Section shall be done under the supervision of the headquarters office of the Pennsylvania Bar Association.
Section 6. These By laws may be amended at any annual meeting of the Section consistently with the Constitution and By laws of the Pennsylvania Bar Association by a majority vote of the members of the Section present and voting, provided that such proposed amendment shall have been, or shall be, approved by a majority of the Council. But no amendment so adopted shall become effective until approved by the Board of Governors of the Pennsylvania Bar Association.
Section 7. These By laws shall become effective upon approval by the Board of Governors of the Pennsylvania Bar Association.