2 MAC Pt. 902, R. 4.3
Rules
Cite as 2 Miss. Admin. Code Pt. 902, R. 4.3
Rules. The Board of Soil and Water Conservation District Commissioners may appoint
such deputy commissioners as they deem appropriate. The following rules or criteria have been
established by the Mississippi Soil and Water Conservation Commission:
A. Up to five (5) deputy commissioners, but no more than one representing each supervisor
beat, may be appointed, unless there is no person qualified or willing to serve in another
supervisor's beat. Where the latter is the case, the letter that transmits the appointment
form should so state that this is the situation.
B. Deputy Appointment form (Exhibit 10) is used to make the appointment.
C. Appointments are to be made by official action of the Board of District Commissioners
and recorded in the minutes.
D. Appointments are to be made for one (1) year effective on October 1st each year.
E. A copy of the appointment form will be sent to the Commission office.
F. Deputy commissioners will not receive any compensation for the service provided.
G. Deputy commissioners shall be entitled to expenses, including traveling expenses
incurred in discharging their duties at the rate established by the State of Mississippi in
Section 25-3-41 Mississippi Code 1972 Annotated.
H. A deputy commissioner may resign by notifying the board of commissioners orally or in
writing. Acceptance of said resignation shall be an official action of the board and so
recorded in the minutes. The commissioners may appoint a deputy commissioner to fill
the unexpired term, which is through September 30th each year.
I. Deputy commissioners shall not be entitled to vote on any matter coming before the
commissioners.
J. The Board of Commissioners is given the authority to replace a deputy commissioner
when he/she has not met the qualification standards and/or has not performed the duties
and responsibilities as set forth by the Mississippi Soil and Water Conservation
Commission. The cause for replacement must be an official action of the board and so
recorded in the minutes.
Source: Miss. Code Ann. § 25-3-41 (1972)
ELC-1 (Adopted 3/22/89) Exhibit1
NOMINATING NOTICE
Pursuant to the provision of Section 69-27-31, Mississippi Code 1972 Annotated, and the
established procedures of the Mississippi Soil and Water Conservation Commission,
nominations will be accepted for the election of ___________________________ County
Soil and Water Conservation District Commissioners for beats _______, _______, and,
_______ until _______________. Nominating Petition forms and election procedures may
be obtained from the ___________________________ County Soil and Water Conservation
District office, located at ___________________________________________________ in
________________________________, Mississippi.
Signed by Authority of the Mississippi Soil and Water Conservation Commission as recorded
in its minutes of ____________________________.
________________________________________
Executive Director, MSWCC
NOTE TO THE EDITOR: This notice is to be published pursuant to section 25-7-65,
Mississippi Code 1972 Annotated, one (1) time IN THE
LEGAL NOTICE SECTION. Send Proof of Publication and
bill to:
Mississippi Soil and Water Conservation Commission
P. O. Box 23005
Jackson, MS 39225-3005
ELC - 2 (Revised 1/17/90) Exhibit 2
NOTICE OF ELECTION
Pursuant to the provisions of Section 69-27-31, Mississippi Code 1972 Annotated, an
election will be held on __________________________ to elect three (3) commissioners for
the _____________________________ County Soil and Water Conservation District from
beats __________, __________, and __________.
VOTING PLACE - TIME - LOCATION
Beat #:
____________
Place:
______________________________________
From _______ To _______
Location: _______________________________________________________________
Beat #:
____________
Place:
_____________________________________
From _______ To _______
Location: _______________________________________________________________
Beat #:
____________
Place:
_____________________________________
From _______ To _______
Location: _______________________________________________________________
Beat #:
____________
Place:
_____________________________________ From _______ To _______
Location: _______________________________________________________________
Beat #:
____________
Place:
_____________________________________
From _______ To _______
Location: _______________________________________________________________
Signed by Authority of the Mississippi Soil and Water Conservation Commission as recorded
in its minutes of _________________________________.
________________________________________
Executive Director, MSWCC
NOTE TO THE EDITOR: This notice is to be published pursuant to section 25-7-65,
Mississippi Code 1972 Annotated, three (3) times IN THE
LEGAL NOTICE SECTION prior to the election, with a
lapse of seven (7) days between each publication. Send
Proof of Publication and bill to:
Mississippi Soil and Water Conservation Commission
P. O. Box 23005
Jackson, MS 39225-3005
ELC - 3 (Adopted 3/22/89) Exhibit 3
NOMINATING PETITION FOR THE OFFICE OF COMMISSIONER
The undersigned landowners within the territorial boundaries of the ____________________
County Soil and Water Conservation District of the State of Mississippi, do hereby nominate
___________________________ whose address is _____________________________ and
resident of beat ______ as a candidate for the office of commissioner for beat _______ of the
________________________ County Soil and Water Conservation District at the election to
be held on ____________________________.
NOTE: A minimum of 25 signatures of landowners is required.
NAME ADDRESS
1)________________________________|_____________________________________
2)________________________________|_____________________________________
3)________________________________|_____________________________________
4)________________________________|_____________________________________
5)________________________________|_____________________________________
6)________________________________|_____________________________________
7)________________________________|_____________________________________
8)________________________________|_____________________________________
9)________________________________|_____________________________________
10)________________________________|_____________________________________
11)________________________________|_____________________________________
12)________________________________|_____________________________________
13)________________________________|_____________________________________
14)________________________________|_____________________________________
15)________________________________|_____________________________________
16)________________________________|_____________________________________
17)________________________________|_____________________________________
18)________________________________|_____________________________________
19)________________________________|_____________________________________
20)________________________________|_____________________________________
21)________________________________|_____________________________________
22)________________________________|_____________________________________
23)________________________________|_____________________________________
24)________________________________|_____________________________________
25)________________________________|_____________________________________
Exhibit 3
AGREEMENT FOR PROSPECTIVE
SOIL & WATER CONSERVATION DISTRICT COMMISSIONER
Upon election as a soil and water conservation district commissioner, I agree to devote the
time required to actively participate in district affairs, including regular attendance at board
meetings. I also agree to carry out the authorities of a district commissioner as set forth by the
Mississippi Soil and Water Conservation Commission to the best of my ability. I recognize that
in becoming a District Commissioner, I will be a public official.
Therefore, I, the undersigned, do hereby certify that I am a landowner or operator in
______________________________ County and do hereby agree to be nominated for a SWCD
Commissioner to the Mississippi Soil and Water Conservation Commission.
DATE: ___________________
SIGNATURE: _______________________________
ELC-4 (Approved & Adopted 3/89) Exhibit 4
REGISTER OF VOTERS IN ELECTION OF COMMISSIONERS
for the ___________________________ County Soil and Water Conservation District. Held on
_____________________, in Beat # _____, at voting place:
_________________________________, ___________________________. “Landowner”
includes any person, firm or corporation who shall hold legal or equitable title to any land lying
within the district. Therefore, I the undersigned do hereby certify that I am a landowner in the
________________________ County Soil and Water Conservation District.
NAME ADDRESS
1)_______________________________|______________________________________
2)_______________________________|______________________________________
3)_______________________________|______________________________________
4)_______________________________|______________________________________
5)_______________________________|______________________________________
6)_______________________________|______________________________________
7)_______________________________|______________________________________
8)_______________________________|______________________________________
9)_______________________________|______________________________________
10)______________________________|______________________________________
11)______________________________|______________________________________
12)______________________________|______________________________________
13)______________________________|______________________________________
14)______________________________|______________________________________
15)______________________________|______________________________________
16)______________________________|______________________________________
17)______________________________|______________________________________
18)______________________________|______________________________________
19)______________________________|______________________________________
20)______________________________|______________________________________
21)______________________________|______________________________________
22)______________________________|______________________________________
23)______________________________|______________________________________
24)______________________________|______________________________________
25)______________________________|______________________________________
ELC-5 (Adopted 7/23/91) Exhibit 5
STATEMENT OF CERTIFICATION
(Election Judge)
District: _______________________________ Soil and Water Conservation District
Election Date: _____________________________
Beat Number: ________________
Ballot Box Number: _____________
Voting Location: _____________________________________________________________
RESPONSIBILITIES OF THE ELECTION JUDGE
1. Be present during voting hours, which begin at
________________ a.m. and end at ____________ p.m.
2. Make sure all individuals read and sign the REGISTER OF VOTERS (ELC-4) before
voting.
3. Place REGISTER OF VOTERS (ELC-4) and this form in ballot box with OFFICIAL
BALLOTS and seal ballot box.
TO: MISSISSIPPI SOIL AND WATER CONSERVATION COMMISSION:
I hereby certify that the above listed responsibilities have been carried out to the best
of my knowledge and ability.
Signed:
______________________________
_____________________
Election Judge
Date
ELC-6 (Adopted 3/27/89) Exhibit 6
REPORT OF ELECTION RESULTS TO COMMISSION
_______________________ County Soil and Water Conservation District
To the Mississippi Soil and Water Conservation Commission:
Notice is hereby given that the tabulation set out below gives a full, correct and true report
of the result of an election for commissioners of the _____________________________ County
Soil and Water Conservation District, held on ________________________________.
NAME OF
CANDIDATE
BEAT NUMBER
REPRESENTED
NUMBER OF
VOTES
__________________
________
________
__________________
________
________
__________________
________
________
__________________
________
________
__________________
________
________
Signed:
_______________________________
Contact Person
________________________________
Date
ELC-7 (Adopted 3/22/89) Exhibit 7
NOTICE OF RESULT OF ELECTION OF COMMISSIONERS
Pursuant to the provisions of Section 69-27-31, Mississippi Code 1972 Annotated, an
election was held on _________________________________________ to elect three (3)
commissioners for the ________________________________ County Soil and Water
Conservation District.
The result is as follows representing:
Beat #: _______________
Name: __________________________________________________________________
Address: _________________________________________________________________
Beat #: _______________
Name: __________________________________________________________________
Address: _________________________________________________________________
Beat #: _______________
Name: _________________________________________________________________
Address: _________________________________________________________________
Signed by Authority of an order to the Mississippi Soil and Water Conservation
Commission in its minutes of _______________________________.
________________________________________
Executive Director, MSWCC
NOTE TO THE EDITOR: This notice is to be published pursuant to Section 25-7-65,
Mississippi Code 1972 Annotated, one (1) time in the LEGAL
NOTICE SECTION. Send proof of publication and bill to:
Mississippi Soil and Water Conservation Commission
P. O. Box 23005
Jackson, MS 39225-3005
Exhibit 8
RESPONSIBILITIES OF THE CONTACT PERSON
IN ELECTION OF COMMISSIONERS
The contact person must be an appointed commissioner, approved by the district, and
recorded in their minutes.
Step 1: After the Commission has notified the contact person of the expiration date for the
elected commissioners; the District must decide on the election date, voting places, (at
least one per beat) and voting hours. When the Commission is notified of the election
date, voting places, and voting hours, the Commission will publish the ELC-1 and the
ELC-2 in the legal notice section of the local newspaper.
Step 2: Fill in the top portion of the Nominating Petition (ELC-3), discuss the agreement on the
back of the form with each prospective commissioner and have the nominee sign and
date it. The Nominating Petition (ELC-3) on each candidate must be received by the
Commission office at least 30 days prior to the election date.
Step 3: Distribute all necessary material to the voting places: deliver the Ballots, Register of
Voters (ELC-4), and Statement of Certification (ELC-5) to each voting place. Discuss
the election judge responsibilities as stated on the Statement of Certification (ELC-5)
with each election judge. It is preferred that the materials for voting be delivered and
picked up the same day of the election.
Step 4: Pick up the sealed ballot boxes and any unused materials from each voting place.
Step 5: At a designated place open to all candidates, tabulate the votes from each voting place
and verify the totals on the Report of Election Results to Commission (ELC-6). Mail
the following original reports: Register of Voters (ELC-4), Statement of Certification
(ELC-5) and the Report of Election Results to Commission (ELC-6) to the following:
Mississippi Soil and Water Conservation Commission
P. O. Box 23005
Jackson, MS 39225-3005
These forms should be mailed the day following the election.
ELC-9 (Adopted 03/11/10) Exhibit 9
Soil & Water Conservation District Commissioner
Appointment Recommendation Form
DISTRICT: ______________________________________________________County SWCD
NAME OF NOMINEE: __________________________________________________________
NAME OF
COMMISSIONER
REPLACED:
__________________________________________
(If Applicable)
ADDRESS:
____________________________________________________________________
CITY, STATE, ZIPCODE: _______________________________________________________
HOME PHONE:__________________BUSINESS PHONE: ____________________________
Upon acceptance to serve as a soil and water conservation district commissioner, I agree to
devote the time required to actively participate in district affairs, including regular attendance at
board meetings. I also agree to carry out the authorities of a district commissioner as set forth by
the Mississippi Soil and Water Conservation Commission to the best of my ability. I recognize
that in becoming a District Commissioner, I will be a public official.
Therefore, I, the undersigned, do hereby certify that I am a landowner or operator in
_________________ County and do hereby agree to be nominated for a SWCD Commissioner
to the Mississippi Soil and Water Conservation Commissioner. I further certify that I have not
been convicted (unless pardoned) of bribery, perjury or other infamous crime.
DATE:______________________
NOMINEE SIGNATURE:__________________________________
A majority of the commissioners of the __________________________ County Soil and Water
Conservation District recommends to the Mississippi Soil and Water Conservation Commission
the individual listed above as an appointed District Commissioner. This action has been
recorded in the minutes of our board.
DATE:__________________________
SIGNATURE:__________________________________
(Commissioner)
NOTE: Send this original form to the Mississippi Soil & Water Conservation Commission
Exhibit 10
(Adopted 03/11/10)
Deputy Commissioner
DISTRICT: _______________________________________________________County SWCD
NAME
OF
NOMINEE:_____________________________
Resident
of
Beat
#_______________
ADDRESS:
____________________________________________________________________
CITY,
STATE,
ZIP:
______________________________________________________________
HOME PHONE:_____________________BUSINESS PHONE: _________________________
Upon acceptance to serve as a soil and water conservation district deputy commissioner, I agree
to devote the time required to actively participate in district affairs, including regular attendance
at board meetings. I also agree to carry out the authorities of a deputy commissioner as set forth
by the Mississippi Soil and Water Conservation Commission to the best of my ability. I
understand that deputy commissioners are not entitled to vote.
Therefore, I, the undersigned, do hereby certify that I am a landowner or operator in
_________________County and do hereby agree to serve as a deputy commissioner. I further
certify that I have not been convicted (unless pardoned) of bribery, perjury or other infamous
crime.
DATE:____________________NOMINEE SIGNATURE:______________________________
******************************************************************************
A majority of the board of commissioners of the ______________________ County Soil and
Water Conservation District do approve the individual listed above to serve as a deputy
commissioner in beat _______________________. This action has been recorded in the minutes
of our board.
DATE:________________ SIGNATURE:_______________________________________
NOTE: Send a copy of this form to the Mississippi Soil & Water Conservation Commission.
OATH OF OFFICE Exhibit 11
SOIL AND WATER CONSERVATION DISTRICT COMMISSIONER
STATE
OF
MISSISSIPPI,
COUNTY
OF
____________________________________________________
I, ______________________________________________, do solemnly swear (or affirm) that I
will support the Constitution of the United States, and the Constitution of the State of
Mississippi, and that I will faithfully and impartially discharge all the powers and duties
incumbent
upon
me
as
a
Commissioner
of
the
_________________________________________ County Soil and Water Conservation District
according to the best of my ability so help me God.
Signed:_______________________________________
(District Commissioner)
CERTIFICATION OF OATH
I,______________________________,a_____________________________________
(Notary)
do certify that ___________________________________ on this ___________________ day of
(print name of Commissioner) (day)
__________________, ______________, personally appeared before me and took and
subscribed
(month) (year)
the above oath.
Signed:_______________________________
(Notary)
My Commission Expires ________________________________
Note: The oath may be administered by any judge of the courts or the chancery or circuit clerk or
the Chairman of the Commission.
Exhibit 12
SUMMARY OF ELECTION PROCEDURES
1. The Commission will notify the SWCD of upcoming elected commissioner expiration dates,
at least 75 days prior to the expiration date.
2. The SWCD will set the election date, voting places (at least one per beat), and voting hours
before the election process can begin.
3. The Commission will publish the Nominating Notice (ELC-1) at least 60 days prior to the
election date.
4. Nominating Petitions (ELC-3) will be accepted by the District for approximately 20 days.
5. The Nominating Petitions (ELC-3) must be received in the Commission office at least 30 days
prior to the election date.
6. Approximately 30 days prior to the election, the Commission will publish the Election Notice
(ELC-2) 3 times, with an interval of 7 days between each publication.
7. The Statement of Certification (Election Judge) (ELC-5) will be signed by the election judge
at each voting place. The election judge will sign the ELC-5 and insert ELC-4, ELC-5 and
the ballots into the ballot box and then seal the ballot box.
8. The contact person must be an appointed commissioner and will be responsible for picking up
the sealed ballot boxes from each voting place. The ballot boxes will be opened and votes
tabulated by the contact person in a designated place that is open to all the candidates. The
contact person will summarize the votes on Report of Election Results to Commission
(ELC-6), and will return original forms ELC-4, ELC-5 and ELC-6 to the Commission.
9. The Commission will publish the Election Results (ELC-7), after the Commission approves
the election.
ELECTION CALENDAR
Election Date _________________________________ (set by the District)
Action to be taken prior to the election date:
60 days
The Commission will publish the Nominating Notice (ELC-1).
40 days
The deadline for the district to accept Nominating Petitions (ELC-3).
30 days
The deadline for the Commission to accept Nominating Petitions (ELC-3).
These forms must be in the Commission Office 30 days prior to the election
date.
30 days
The Commission will publish the Election Notice (ELC-2) 3 times, with an
interval of 7 days between each publication.