Soil Conservation District Elections
Any land occupier physically living in the SCD and who is a qualified elector is eligible to run for the office of an SCD supervisor. A “land occupier,” as defined in the Soil Conservation Districts Law, includes any person that holds title to or is in possession of any lands lying within a district whether living or located in a rural or urban area within the district.
“Qualified elector” means an individual who is at least 18 years old, a citizen of the United States, and has resided in the precinct 30 days preceding any election, whether or not the individual is living in a rural or urban area.
Any person can become a candidate upon filing a petition and statement of interests with the county auditor of the county or counties in which their district lies. The final filing date for petitions and statement of interests is no later than 60 days before the day of the election and not later than 4:00 p.m. of such day. The candidates’ petition must contain signatures of not less than 25, nor more than 300 qualified electors of the district (N.D.C.C. Chapter 4.1-20-15 & 16).
In the event an SCD lies in two counties, an original petition and statement of interest with original signatures must be filed with both county auditors concerned. Any land occupier living in the district who has failed to file a nominating petition and statement of interests may furnish stickers to be attached to the ballot. The ballot shall have blank spaces below the names of candidates nominated by petition for writing in other names.
The regular election of SCD supervisors shall be held at the same time, and at the same place, as the general election is held. Supervisors are elected for a term of six years. Candidates shall be elected on a nonpartisan ballot.
Nominating petitions and statement of interest forms are available through the local County Auditor Office. Contact your County Auditor to confirm that the General Election ballot includes the SCD supervisor.
Officially Taking Office
Newly elected SCD supervisors officially take office on the first day of January and upon completing and filing an Oath of Office.
Oath of Office forms are official documents and must be executed prior to the time elected and appointed officers are designated to officially take office. Only those elected and appointed SCD supervisors who have completed and filed an Oath of Office shall qualify for their elected and appointed positions.
All newly elected and appointed or reappointed SCD supervisors must complete and file an Oath of Office, which will cover the duration of their term of office to which they have been elected/appointed. The Oath must be signed in the presence of a Notary Public. The original Oath of Office forms must be completed and returned to the Secretary of State’s office with a copy provided to the SSCC prior to the first day of January.
Appointed Supervisors
In accordance with the opinion secured from the Attorney General’s office, any SCD, upon resolution of the three elected supervisors, may appoint two additional supervisors who shall serve for a term of one year from and after the date of their appointment. (N.D.C.C. Chapter 4.1-20-18)
Such supervisors shall be appointed by a majority of the three elected supervisors and shall have all the powers, voting privileges, duties, and responsibilities of elected supervisors. As far as possible, the appointed supervisors shall represent interests within the district that are not represented by the elected supervisors. Try to have equal representation from all parts of the district on the board of supervisors. Such appointments must be made at a district meeting and recorded in the district minutes.
Only those appointed SCD supervisors who have completed and filed an Oath of Office would qualify for their appointed position. It is recommended that there be two appointees and not just one.
District Officers
During the board’s January meeting, the board of supervisors should hold an election for the various district board’s officers: chair, vice-chair, secretary, and treasurer. The secretary and treasurer roles may be combined into one role (secretary/treasurer).
- An active district chair is the key to a successful board of supervisors meeting. It is the responsibility of the chair to accept the leadership roles, involving each member in the discussion of issues and programs of the district, starting meetings promptly, and closing meetings after all business has been completed.
- The SSCC recommends that no one elected or appointed SCD supervisor should serve as Chair of their district board for more than two consecutive years.
- Your district reorganization meeting should be held as soon as possible after the first of the year. Please complete the District Reorganization Form in full and provide it to the SSCC by January 31 each year.
- The SCD board may set a minimum value on equipment that gets logged on the inventory list. The inventory list should be reviewed annually and a walk through done with a supervisor to make sure inventory is accountable. Inventory information should be provided to the SSCC by January 31 each year.
- Each meeting month, the Chair should meet with the District Staff and District Conservationist prior to the scheduled meeting to work out a tentative agenda, which is then sent to each board member and other individuals invited with their notification of the meeting. A notice of meeting needs to also be posted as required by law (N.D.C.C. 44-04-17.1). Meeting minutes should be provided to the SSCC as soon as they have been approved.
- The North Dakota Attorney General’s website has guidelines on open meetings and open records.
District Supervisor Removal
After notice is given and a hearing is held in accordance with N.D.C.C Chapter 28-32, a supervisor of an SCD may be removed from office by the SSCC (4.1-20-18). Supervisors may also be removed by a vote of district residents, in the same manner as other locally elected officials.
Elected Supervisor Vacancies
In case the office of any elected supervisor shall, for any reason, become vacant, the remaining members of the board of supervisors shall, with the advice and consent of the SSCC, fill the vacancy by appointment. In the event that vacancies shall occur in the office of two elected supervisors, the remaining supervisor and the SSCC shall fill the vacancy; if the offices of all elected supervisors of a district shall become vacant, the SSCC shall fill the vacancies by appointment. A supervisor appointed to fill a vacancy shall hold office until the next general election. A supervisor elected to fill a vacancy shall serve the balance of the unexpired term in which the vacancy occurred (N.D.C.C. Chapter 4.1-20-18).
To fill a vacant elected supervisor position, submit the name of the district’s chosen appointee to the Soil and Water Conservation Program Coordinator. The Coordinator will notify the appropriate SSCC board member of the appointment, and, upon approval, the Coordinator will contact the district. If approved, proceed with getting a signed Oath of Office for the appointee and submit the original Oath to the Secretary of State. Provide a copy of the Oath to the SSCC.
Advisors
If the SCD board needs broader coverage than can be obtained with the elected and appointed supervisors, advisors can be appointed. These advisors:
- Can offer advice and counsel.
- Cannot vote or take official action at board meetings.
- Cannot hold an office on the board of supervisors.
- Cannot receive supervisor compensation.
- Can be reimbursed for their expenses.