By authority invested in and by the resolutions of the county governments and soil conservation districts, hereinafter referred to as Sponsors, this constitution and these bylaws are hereby adopted in the name of the South Jersey Resource Conservation and Development Council.

The name of this organization shall be the South Jersey Resource Conservation and Development Council and shall, in the accordance with this constitution and bylaws, administer the South Jersey Resource Conservation and Development Project. The region of the South Jersey Resource Conservation and Development Project includes all of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean, and Salem Counties in New Jersey.

The South Jersey Resource Conservation and Development Council shall apply to the Secretary of State for New Jersey for a Charter of Incorporation under the Laws of New Jersey pertaining to non-profit organizations.

Section 1 - The purpose of the Council is to stimulate and assist the sponsors in developing and carrying out plans for the orderly conservation, improvement, development, and use of the resources of the region. An initial plan will be developed and then amended, as future conditions require.

Section 2 - The Council shall prepare, adopt, maintain, and cause to be carried out a Resource Conservation and Development Project Plan, consisting of relevant data, goals, objectives, and implementation measures to bring about essential conservation, orderly development and use of the region's natural resources. The project plan and resulting measures shall be in conformance with the overall comprehensive planning agencies involved in the region.

Section 3 - Objectives of this Council are to:

1. Improve the quality of the natural resource base to meet future needs.
2. Improve the quality of town and country environment, to provide attractive, convenient and satisfying places to live, work, and play.
3. Improve the quality of the standard of living of town and country families based on community development and adequate income.

The Council shall have a set of bylaws to augment this constitution and provide for the regulation of its affairs. For purposes of organization, Robert's Rules of Order shall govern all meetings. In the absence of specific requirements, Robert's Rules of Order shall govern the duties and responsibilities of the officers.

Section 1 - The Council shall consist of one (1) representative from each county government and one (1) representative from each soil conservation district. Each of the Council members shall have a designated alternate, who shall, in the absence of the member, have that member's voice and vote. The alternate shall be designated by the Council member and may be a professional staff member of that sponsor.

Section 2 - The initial terms of the Council members shall be as follows:

All subsequent appointments shall be made for a three-year term.

Section 1 - The Council shall have five officers: A Chairperson, a First Vice-Chairperson, a Second Vice-Chairperson, a Secretary and a Treasurer. The offices of Secretary and Treasurer may be combined, or separated, at any regular election of officers.

Section 2 - The election to office, the term of office and the duties of officers shall be as set forth in the bylaws

The members of the Council shall meet at such times and places as set forth in the bylaws. At least one meeting of the Council shall be held in each calendar year.

The Council shall prepare an annual report, copies that shall be presented to all Council members at the annual meeting.

Section 1 - Amendments to this constitution may be proposed by any Council member. The proposed amendment will be presented in writing to the Council for discussion and disposition. On an affirmative vote of a majority of the Council members present at a regularly constituted meeting of the Council, the proposed amendment shall be presented to the sponsors.

Section 2 - An amendment to this constitution shall be adopted upon ratification by resolution by all of the sponsors.

Section 1 - Regular and special meetings shall be called by the Chairperson or the majority of the officers. The Chairperson shall call a meeting upon the request of nine (9) members. Such a meeting shall be held within forty-five (45) days from the date of the request.

Section 2- At least ten (10) days written notice shall be given to all Council members by the Secretary.

Section 3 - The March meeting shall be the official annual meeting.

Section 4 - All business of the Council may be transacted by a majority vote of those members present providing a quorum is present at the meeting.

Section 5 - A quorum for a Full Council shall consist of at least five (5) regular members or their designated alternates, representing no less than three (3) counties. A quorum for an Executive Council meeting shall consist of at least two officers.

Section 6 - The principal offices of the South Jersey Resource Conservation and Development Council, Inc., shall be 251 Bellevue Avenue, Hammonton, NJ, 08037, or such other location as the Council may from time to time determine.

Section 7 - The fiscal year of the South Jersey Resource Conservation and Development Council, Inc., shall be January 1 to December 31.

Section 1 - All officers shall be elected by the Council at its annual meeting, for one-year terms.

Section 2 - The officers shall meet from time to time to review items of business and to prepare items that are to be presented to the Council. The Council may assign duties to the officers to carry out as required.

Section 3 - The Chairperson shall be responsible for the general leadership of the Council, shall have the functions and duties normally associated with the position, and shall assign such duties to the other officers as are appropriate to their position.

Section 4 - The First Vice-Chairperson shall assist the Chairperson, serve in the Chairperson's absence, and perform such other duties, as the Council shall, from time to time, direct. This person will assist in the development of the Annual Meeting and with training new Council members.

Section 5 - The Second Vice-Chairperson shall assist the First Vice-Chairperson, serve in that person's absence, and perform such other duties, as the Council shall, from time to time, direct. This person will assist with the development of the Council's newsletter(s).

Section 6 - The Treasurer shall have charge and custody of and be responsible for all funds and securities of the Council. The treasurer shall receive and give receipts for monies due and payable to the Council from any source whatsoever. The treasurer shall deposit all such monies in the name of the Council in such banks, trust companies, or other depositories as shall be selected in accordance with the provisions outlined by Council. The treasurer shall perform all duties incident to the office of treasurer and such other duties as from time to time may be assigned by the Chair or Council.

Section 7 - The Secretary shall keep minutes of the meeting of the Council in one or more books provided for that purpose. The secretary insures all notices are duly given in accordance with the provisions of these bylaws or as required by law. The secretary shall keep a register of the post office address of each member of the Council. The secretary shall perform all duties incident to the office of secretary and such other duties as from time to time may be assigned by the Chair or Council.

Section 8 - Vacancies occurring between annual meetings shall be filled for the remaining portion of the term by appointment of the Chairperson.

Section 9 - The Council officers constitute the Executive Council

Section 10 - The Council members present at any scheduled meeting of the Executive Council can take action for the Full Council concerning disposition of Council business.

Section 11 - An officer may resign by submitting his or her resignation in writing to the Executive Council. An officer may be removed without cause by the affirmative vote of the majority of Council members present at a regular or special meeting of the Full Council. An Officer whose removal is to be considered shall receive at least two weeks' notice of such proposed action and shall have the opportunity to address the Full Council regarding such action prior to any vote on such removal.

Section 1 - Standing (continuing) or ad hoc (temporary) committees may be created at any time by the Chairperson, with the advice and consent of the Council.

Section 2 - The Chairperson shall appoint the Committee Chairperson, who shall be a Council member, and the Committee members, who need not be members of the Council.

Section 3 - Committees shall keep minutes of their meetings and report only to the Council, and shall at no time speak for or represent the Council.

Section 4 - The following standing committees will be created and maintained:

Oversite - The Oversite committee should be composed of persons who do not participate in management and are free of relationships, both business and personal, which will interfere with their exercise of independent judgment. This committee will be responsible for:

1. recommending, to the full Council, removal of a Council member for cause;
2. determine size of Council as allowed by the Constitution and By-laws;
3. function(s) of Council committee(s);
4. qualification for membership.

Nominating - The officer nominating committee is appointed by the chair to seek new officers from within the regular membership and is not a standing committee.

Financial - The financial committee has the responsibilities concerning the Council's:

1. all accounting practices, procedures, and policies.

Section 1 - The Council shall use the staff assistance provided by the Natural Resources Conservation Service and other agencies. One full time project coordinator is to be provided by the Natural Resources Conservation Service upon approval of the project for planning.

Section 2 - The Council may apply for and accept gifts, contributions, grants, and other articles of value from individuals, groups, companies, corporations, foundations and governments (Federal, State, and Local). Such funds or property shall be utilized as deemed prudent by the Council.

Section 3 - Dues will be reviewed at the last Council meeting of the year and set at the first Council meeting of each new year. Dues billed by calendar year.

Section 4 - An annual budget will be prepared and presented for adoption by the Council by January 1. The fiscal year for the Council will be January 1 through December 31. Funds will come from dues assessed from member sponsors, individuals, foundations and governmental entities' Year-end financial reports shall be prepared and submitted at the January meeting or immediately thereafter. An annual financial statement of the books will be carried out and the results presented to the Council at its next meeting following completion of the statement. If a funder request or requires a complete audit, the cost of such audit will be established prior to grant submission and the proposed cost of the audit shall become part of said grant.

Section 5 - Business -- The Council may authorize any officer, agent or agents of the Council, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Council; and such authority may be general or confined to a specific instance. All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Council shall be signed by such officer or officers, agent or agents of the Council, and in such manner as shall, from time to time, be determined by resolution of the Council. All funds of the Council shall be deposited from time to time to the credit of the Council in such banks, trust companies, or other depositories as the Council may select. The Council may accept on behalf of the Council any contribution, gift, bequest, devise, or grant for the general purposes or for any specific purpose of the corporation.

Section 1 - The Council shall seek assistance from private and government sources to achieve the goals and objectives of the project.

Section 2 - The Council shall prepare an annual report by the annual meeting of each year.

Section 3 - The Council shall prepare an annual plan of operations by October 1^st of each year.

Section 4 - The annual report and the annual plan of operations shall be submitted to the sponsors and be made available to the public on request.

Section 5 - The Council shall direct the preparation and implementation of the project plan.

Section 6 - The Council shall assign priorities to proposed resource conservation and development measures.

Section 1 - There shall be three kinds of membership in the Council: regular, at large and associate. Regular membership in the Council is limited to county governments and soil conservation districts. Individuals and groups other than those mentioned above may be associate members.

Regular members’ of the RC&D Council shall be one representative from each county government and soil conservation district. Each regular member or their designated alternate shall have only one vote and be eligible to hold office.

At large members are individuals from within the area to whom the Council has formally extended this category of membership. With this membership goes the right to sit on the Council, take part in all discussions, and vote.

Associate members are any individuals, groups or organizations such as cities, towns, profit or nonprofit corporations, and special purpose districts requesting such membership and paying the required dues. These members have all the rights and privileges of regular members except the right to vote and hold office.

Section 2 - A Council regular member is further defined as an officially appointed individual representing the sponsoring body making the appointment. This individual may be a County Freeholder, staff member or county resident; or Soil Conservation District Supervisor, staff member or county resident.

Section 3 - A "member-at-large" position is allowed for each County and may be chosen at the direction and discretion of Council. All "members-at-large" appointments will conform to equal opportunity and non-discrimination policies as referred to elsewhere in these Bylaws. Members-at-large will have voting rights and will be eligible to become sponsor appointees -if a member vacancy for a specific county exists.

Section 4 - Attendance Policy - Council members should be active participants in the following activities:

1. The full Council will meet at least once every three months. Council members are expected to attend a minimum of two (2) meetings, either of the Full or Executive Council, during any calendar year.
2. A tentative schedule of Council meetings will be provided at least once a year to all Council members. Council meeting dates and times may vary throughout the year. Notices will be mailed at least ten (10) days in advance of all meetings except emergency meetings. All meetings will be held at the RC&D office except the Annual Meeting. The Annual Meeting will be publicized separately. All Council meetings are open to the public.
3. Executive Council meeting notices will only be delivered to officers and those who indicate a desire to receive those notices.
4. Members who fail to meet the attendance rules set here will receive a letter stating they have not met minimum requirements of the Council member position. A copy will be sent to the sponsor group. This letter will request attendance of the current Council member or designation of a replacement. The Council will assist the sponsor with development of a list of candidates.
5. A Council member attendance form will be used to record member attendance at all meetings.
6. A Council member may resign by submitting his or her resignation in writing to the Chairperson of the South Jersey Resource Conservation and Development Council, Inc. If that member is the Chairperson, then the resignation letter shall be directed to the First-Vice Chairperson. A Council member may be removed with or without cause by the affirmative vote of the majority of Council members present at a regular or special meeting of the Full Council. A Council member whose removal is to be considered shall receive at least two weeks' notice of such proposed action and shall have the opportunity to address the Full Council regarding such action prior to any vote on such removal.

Section 5 - Equal Opportunity - The South Jersey Resource Conservation and Development Council, Inc., supports all federal and state guidelines concerning equal opportunity and non-discrimination.

Section 6 - Voting - All voting on Council matters will occur as stated above, except,

1. a mail ballot may be used to obtain greater input to an action;
2. except for amendments to the Constitution, a mail ballot will be used only if so expressed during a regularly or specially scheduled meeting.

Section 7 - A Council member should be sensitive to any interest he or she may have in a decision to be made by the Council and, as far as possible, recognize such interest prior to the discussion or presentation of such matter before the Council. The Council member should disclose any conflict before the Council takes action on the matter.

Section 8 - A Council member should not, in the regular course of his or her personal business, disclose information about the corporations legitimate activities unless they are already known by the public or are of public record.

Section 9 - Upon dissolution of the South Jersey Resource Conservation and Development Council, Inc., all assets shall be distributed for one or more of the tax-exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future tax code. This shall be done equally among all sponsors that have paid their annual dues at the time of dissolution. If all of the sponsoring organizations are dissolved, fifty percent of the assets of the South Jersey Resource Conservation and Development Council, Inc., would be distributed to the National Association of RC&D Councils and fifty percent to the Mid-Atlantic Association of RC&D Councils. In the event that either or both Councils are dissolved, the funds would be disposed of by the court system in Atlantic County (where the principal office of the Council is located).

Section 10 - No member of this Council shall be held liable or responsible for contracts, debts or default of this Council in any further sum than the unpaid dues, if owing by him or her to the Council. Nor shall any mere informality in organization have the effect of rendering these articles of incorporation, constitution and bylaws null or exposing the members to liability other than as above provided.

Section 11 - No part of the earnings of the Council shall inure to the benefit of, or be distributed to its members, trustees, officers or other private persons. Except the Council shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth hereof. No substantial part of the activities of the Council shall be the carrying on of lobbying, or otherwise attempting to influence legislation. The Council shall not participate, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these bylaws, the Council shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code or corresponding section of any future tax code, or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Service Code.

These bylaws may be amended at any regular or special meeting, upon approval by at least two-thirds of the Council members present, provided the proposed amendment has been submitted to the Council members in writing at least ten (10) days prior to the meeting.

The constitution and bylaws of the South Jersey Resource Conservation and Development Council, Inc., were recommended for adoption at a meeting of the South Jersey Resource Conservation and Development Project Steering Committee on May 8, 1975. The Constitution has been further approved and adopted by resolution of the sponsors as attached. The Executive Council decided, at its July 20, 1994 meeting, not to proceed with further revisions to the Constitution.

• Article I - Name March 29, 1989
• Article V - Section I March 29, 1989
• Article VI - Section I March 29, 1989
• Article II - Section I March 26, 1991

Following is a record of revisions to the Bylaws, through September 21, 1994.

• Article I - Section 5 June 8, 1979
• Article VI - Amendments March 26, 1991
• Article VIII - Membership March 30, 1994
• Article I - Section 6, 7
• Article II - Officers, Section 5, 6, 7, and 11
• Article III - Committees, Section 4,
• Article IV - Financing, Section 3, 4, 5,
• Article VI - Membership, all Sections (new or renumbered)
• Article III – section 4 (portion of) March 16, 1999
• Article IV – section 1, 3, 4 March 16, 1999
• Article VI – section 4 March 16, 1999

Since the South Jersey RC&D Council, Inc., accepts federal funds in the form of technical assistance provided by the Coordinator and others, it must comply with all federal guidelines which include equal opportunity. The South Jersey RC&D Council, Inc., encourages the representation of minority and female members. Our goal is to increase the numbers of minorities and women to equal percentages representative of the population within our eleven county Area. We also endeavor to provide equal opportunity for all segments of the population to receive services under the program.

Our Plan of Action includes:

1. Discuss, within the Council, what needs to be accomplished and develop a strategy to be sure the entire Council understands and supports the need.

2. Review and modify Council bylaws or policies to include opportunities to have minorities and females on the Council.

3. Encourage sponsors to appoint minorities and females to the Council whenever possible.

4. Rotate officers to give minorities and females an opportunity to develop leadership skills.

5. Appoint minorities and females to chair special RC&D Taskforces or Committees.

6. Conduct an evaluation of the Council program operation and delivery to ensure that minorities and females are being represented and their concerns addressed.

7. Identify key minority and female leaders and work with them to identify persons who would be able to contribute to the Council.

8. Encourage potential Council members to participate on RC&D committees or taskforces.

9. Invite minority and female leaders to talk about their resource needs at Council meetings. This would assist the Council to identify specific goals and select measures that would benefit minority communities.

The word minority is used to designate a person or group of persons belonging to the protected classes covered by the Civil Rights Act of 1964. They are the following:

1. Black, not of Hispanic Origin. A person having origins in the black racial groups of Africa.

2. Hispanic. A person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race.

3. Asian or Pacific Islander. A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands, and Samoa.

4. American Indian or Alaska Native. A person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal affiliation or communication recognition (includes Aleuts and Eskimos).

5. White, not of Hispanic origin. A person having origins in any of the original peoples of Europe, North Africa, or the Middle East.

Section 504 of the Rehabilitation Act of 1973 provides that:

"otherwise qualified individual with handicaps in the United States, ...shall, solely by reason of that handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978."

Under this section, a federally conducted program or activity is, in simple terms, anything the USDA or other federal agency does. Aside from employment, there are two major categories of federally conducted programs or activities covered by this directive:

1. those involving general public contact as part of ongoing federal government operations,

2. those directly administered by a federal agency for program beneficiaries and participants.

Activities in the first category include communications with the public (telephone contacts, office walk-ins, or interviews) and the public's use of federal government facilities. Activities in the second category include all programs that provide Federal services or benefits. "Federal financial assistance" or "financial assistance" includes:

1. grants and loans of Federal funds,

2. grant or donation of Federal property and interests in property;

3. detail of Federal personnel;

4. sale and lease of, and the permission to use (on other than a casual or transient basis) Federal property or any interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient;

5. Federal agreement, arrangement, or other contract which has as one of its purposes the provision of assistance.

It is the policy of the South Jersey RC&D Council that no qualified individual with disabilities shall, on the basis of disability, be denied the benefits of or be excluded from participation in any program or activity receiving assistance from this Council. Nor shall that individual otherwise be subjected to discrimination under any program or activity receiving assistance from the USDA, NRCS or other federal agency.

In accordance with this policy, discriminatory actions are prohibited as follows:

1. Denying a qualified individual with disabilities the opportunity to participate in or benefit from technical assistance, program benefit, or service;

2. Affording a qualified individual with disabilities an opportunity to participate in or benefit from service that is not equal to that afforded others;

3. Providing a qualified individual with disabilities with technical assistance, program benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement in the most integrated setting appropriate as that provided to others;

4. Providing different or separate technical assistance, program benefits, or services to individuals with disabilities unless such action is necessary to provide qualified persons with disabilities with technical assistance, program benefits, or services, that are as effective as those provided to others;

5. Condoning or perpetuating discrimination against a qualified individual with disabilities by providing assistance to an agency, organization, or person that discriminates on the basis of disabilities in providing any technical assistance, program benefits, or services to beneficiaries of Council program;

6. Denying a qualified individual with disabilities the opportunity to participate as a member of planning or advisory boards;

7. Otherwise limiting a qualified individual with disabilities in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving technical assistance, program benefit, or service.

These policies are authorized by:

1. Section 504 of the Rehabilitation Act of 1973, as amended.

2. USDA Regulations under Title VI of the Civil Rights Act of 1964, 7 CFR 15b.

3. USDA Regulations under Section 504 of the Rehabilitation Act of 1973, 7 CFR 15c (proposed).

4. Coordination of Enforcement of Nondiscrimination in Federally Assisted Programs, U.S. Department of Justice (DOJ) Regulation, 28 CFR 42.402-42.415 (42 F.R. 52269-52672, December 1, 1976).

5. Pertinent sections of the Americans with Disabilities Act of 1990.

The definition of "individual with disabilities" is identical to the definition of

"handicapped person' appearing in 7 CFR 15b.3. "Individual with disabilities" means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. As used in this definition, the phrase "physical or mental impairment" includes:

1. any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the human body systems;

2. any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities;

3. the term includes, but is not limited to, such diseases and conditions as:

a. orthopedic, visual, speech, and hearing impairment

b. cerebral palsy

c. epilepsy

d. muscular dystrophy

e. multiple sclerosis

f. cancer

g. heart disease

h. mental retardation

i. emotional illness

j. drug addiction

k. alcoholism

4. major life activities include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

5. "has a record of such impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

Facility means all or any (owned, leased, or free) portions of buildings, structures, equipment, roads, walks, parking lots, rolling stock, or other conveyances, or other real or personal property.

This requires that each program or activity should be readily accessible to and usable by individuals with disabilities. This does not necessarily require Council to make each of its existing facilities accessible to the physically disabled. It must ensure that program needs of disabled beneficiaries are met.