Bylaws of the Energy, Natural Resources and Environmental Law
Section of the Utah State Bar
ARTICLE 1. Identification
1.1 Creation. The Energy, Natural Resources and Environmental Law ("ENREL") Section of the Utah State Bar (the "Section") was established in 1977 pursuant to Article II, Section 2 of the Bylaws of the Utah State Bar (the "Bar") to accomplish the purposes set forth therein.
1.2 Purpose. The purpose of the Section is to seek the participation of all interested members of the Bar and of other state and local bar associations in order to benefit such members by providing continuing legal education, a forum for the interchange of ideas in the areas of natural resources, oil, gas and mining, public lands, energy, Native American, water, and environmental law; initiating and implementing common projects; and to undertake such other service as may be of benefit to the members, the legal profession and the public.
1.3 Limitations. These Bylaws have been adopted subject to the applicable Utah statutes and the Bylaws of the Bar.
1.4 Principal Office. The principal office of the Section shall be maintained in the offices of the Bar.
1.5 Fiscal Year. The fiscal year of the Section shall coincide with that of the Bar.
ARTICLE 2. Membership
2.1 Enrollment. Any member in good standing of the Bar may be enrolled as a member of the Section by the payment of annual Section dues in the amount and for the purpose approved by the Board of Commissioners of the Utah State Bar.
2.2 Membership. Members enrolled as provided in Section 2.1 shall constitute the membership of the Section.
2.3 Dues. Dues for members of the Section shall be set on an annual basis by the Council of the Section and shall be payable at the same time as annual Bar dues; provided, however, that additional monies may be raised by the Council as may be needed to fund projects or operate the Section.
ARTICLE 3. Meeting of the Membership
3.1 Annual Meeting. The annual business meeting of the Section shall be held in the fall of the year unless a different time is previously determined by vote of the membership.
3.2 Quorum. The members of the Section present at any meeting shall constitute a quorum for the transaction of business.
3.3 Controlling Vote. Action of the Section shall be by majority vote of the members present.
3.4 Agenda. Among the business to be transacted at the annual business meeting by the membership shall be the election of officers.
3.5 Special Meetings. Special meetings of the membership of the Section may be called by a majority of officers at such time and place as the officer may determine. Reasonable notice may be given by fax, telephone, email, or other electronic means.
ARTICLE 4. The Council
4.1 Powers. The Council shall be vested with the powers and duties necessary for the administration of the affairs of the Section.
4.2 Composition. The Council shall be composed of officers of the Section (Chair, Chair-elect, Secretary and Treasurer) elected at the last annual business meeting, and such additional members as the officers may appoint. Ex Officio members may participate in Council activities at the invitation of an officer, but may not vote.
4.3 Controlling Vote. Action of the Council shall be by a majority vote of the Council members. A member of the Council may vote in absentia by instructing the secretary in writing of the manner in which such vote is to be cast. A vote of the officers may be taken by telephone or other electronic means.
4.4 Meetings. The annual meeting of the Council shall be held in conjunction with the annual business meeting of the Section. Special meetings shall be held at the time and place as may be determined by a majority of Officers of the Section. A meeting is not essential to action by the Council provided a response is elicited from all members of the Council.
ARTICLE 5. Officers
5.1 Officers. The officers of the section shall be the Chair, Chair- Elect, Secretary, and Treasurer.
5.2 Chair. The Chair shall preside at all meetings of the Section and of the Council. He/she shall formulate and present at each annual meeting of the Bar, a report of the work of the Section for the then past year. He/she shall perform such other duties as usually pertain to his/her office or as may be delegated by the Council.
5.3 Chair-Elect. Upon the death, resignation or during the disability of the Chairman, or upon his/her refusal to act, the Chair-Elect shall perform the duties of the Chair for the remainder of the Chair term except in case of the Chair' disability and then only during so much of the term as the disability continues.
5.4 Secretary. The Secretary shall be the custodian of all books, papers, documents and other property of the Section. He/she shall keep a true record of all proceedings of all meetings of the Section and of the Council, whether assembled or acting under submission. In conjunction with the Chair and as authorized by the Council, he/she shall attend generally to the business of the Section.
5.5 Treasurer. The Treasurer shall keep a true record of all of the accounts of the Section, review the statements of account prepared by the Bar, and shall perform such other functions and duties as may be delegated by the Chair
ARTICLE 6. Elections
6.1 Nominations. At the annual business meeting of the Section, nominations shall be made from the floor for the office of Treasurer and for any other vacant office. Only a current committee chairperson appointed under Section 7.2 is eligible to be nominated for an officer
6.2 Treasurer and Secretary. The membership shall vote at the annual business meeting to ratify the slate of officers for the upcoming year. The Treasurer shall- succeed to the office of Secretary and the Secretary shall progress to the position of Chair-Elect, unless the membership fails to retain the slate of officers.
6.3 Chairman. The Chair-elect shall automatically succeed to the office of the Chair. In the event the office of the Chair-Elect shall be vacant, then a Chair shall be elected in the same manner as set forth in Section 6.1 herein above
6.4 Voting. All elections shall be by oral vote, unless otherwise ordered by resolution duly adopted by the Section at the meeting at which the election is held. In the event the outcome of an oral vote is unclear, the Chair may call for a re-vote by show of hands, written ballot, or other means.
6.5 Term of Office. The term of office shall begin with the adjournment of the annual business meeting following the election and shall end following the annual business meeting at which a successor has been duly elected and qualified.
ARTICLE 7. Substantive Responsibilities.
7.1 Committees. The Council may appoint practice area committees to perform such duties and exercise such powers as the Council may direct.
7.2 Chair. Each committee shall be directed by a chairperson appointed by the Council. The chairperson shall serve for a term of two years unless extended or reduced by majority vote of the Council or reduced by resignation.
8.1 Bylaws. These Bylaws may be amended at any meeting of the Section by a majority vote of the members of the Section present and voting, provided that no amendment so adopted shall become effective until approved by the Board of Commissioners of the Utah State Bar.
ARTICLE 9. Miscellaneous.
9.1 Fiscal Year. The fiscal year of the Section shall be the same as that of the Utah State Bar.
9.2 Approval of Expenditures. All bills incurred by the Section, before being forwarded to the Utah State Bar for payment, shall be approved by the Chair or his/her delegate. Expenditures shall only be authorized if they effectuate the purposes set forth in Paragraph 1.2.
9.3 No Compensation for Service. No salary or compensation shall be paid to any officer or committee chairperson.
9.4 Committee Actions. Any action approved and proposed by a committee of the Section must be approved by the Section or the Section Council, where appropriate, before the same becomes effective as the action of the Section, unless such committee action is otherwise authorized pursuant to an existing resolution.
9.5 Bar Action. Any action by this Section must be approved by the Utah State Bar before the same becomes effective as the action of the Utah State Bar. Any resolution adopted or action taken by this Section may, onrequest of the Section, be reported by the Chair of the Section to the Annual Meeting of the Utah State Bar for the Bar's action thereon.
APPROVED and ADOPTED as amended by the membership of the ENREL section this day 19th day of October 2016.