MSWCC Commissioner Elections and Appointments

Title 2: Agriculture and Commerce Part 902: MSWCC Commissioner Elections and Appointments Part 902 Chapter 1: Election and Appointment Process for Commissioners Rule 1.1 Election and Appointment of Commissioners. The quality and quantity of leadership provided by the Commissioners determines the success of the districts in developing and implementing an effective soil and water conservation program. The Commission recognizes that the election and appointment of commissioners are extremely important. The Soil and Water Conservation District law states: ...The Commission shall pay all the expenses of such elections; shall supervise conduct thereof; shall prescribe regulations governing the conduct of such elections and the determination of the eligibility of voters therein; and shall publish the results of same... In order to most effectively carry out these duties, the Commission recognizes that the local commissioners and their employees can provide a most valuable service, even though they do not have any legal authority or responsibility. The Commission will depend upon the commissioners to provide assistance in carrying out the election and appointment of commissioners. This assistance will help to assure that all elections and appointments are handled in accordance with the law as well as with the policies of the Commission and also help to recruit qualified individuals to serve as commissioners. Each prospective commissioner must sign the "Prospective Commissioner Agreement" which is located on the back of the Nominating Petition (ELC-3) (Exhibit 3) and Appointment Form (Exhibit 9). It is most important that the prospective commissioner has a general understanding of the authorities and duties of a commissioner before he/she agrees to be nominated or recommended. In the election process the Commission will work primarily with a "contact person" who is appointed by the board of SWCD Commissioners. This person must be an appointed commissioner. The responsibilities of the "contact person" will be provided to him/her by the Commission (Exhibit 8). The Commission office has qualified employees available who will provide assistance to districts in the election and appointment of commissioners. Source: Miss. Code Ann. § 69-27-31 Rule 1.2 The Election Process Phase I. The Commission will authorize the election to be conducted and will notify the contact person and the district at least seventy-five (75) days before the expiration of the elected commissioner’s term. Brief instructions and the necessary forms will be sent to the district office in order to carry out Phase I of the election process. A. Before the Commission can begin the election process, the district must decide and inform the Commission of their election date. 1

B. After the Commission is informed of the election date, the Commission will publish the Nominating Notice (ELC-1) (Exhibit 1) in a newspaper with district wide coverage, at least sixty (60) days prior to the election date. This will notify the public that the district will be accepting nominating petitions for approximately twenty (20) days. C. The district must send the Nominating Petitions (ELC-3) (Exhibit 3) to the Commission office at least thirty (30) days before the election date. The district needs to fill in the top portion of the Nominating Petition and discuss the agreement on the back of the form with the prospective commissioner. It is extremely important that the prospective commissioner understand that he/she is making a firm commitment to spend the time and effort necessary to carry out the responsibilities as set forth by the Mississippi Soil and Water Conservation Commission. The Nominating Petition will not be accepted without the signatures of the nominee and twenty-five (25) or more owners of land lying within the boundaries of the district. Landowners may sign more than one such nominating petition to nominate more than one candidate for commissioner. However, in no event shall a landowner sign more than three (3) such nominating petitions. Not more than one commissioner shall be a resident of any one supervisor's beat, unless there is no person qualified and willing to serve in another beat. If the latter is the case, the district must write a letter to the Commission stating that this is, in fact, the situation. The nominee must be a person who is a landowner and/or operator within the geographical area of the district, and must be qualified to carry out the authority and responsibility of the office. D. The district must notify the Commission of their voting places (at least one per beat) and voting hours in sufficient time for the Commission to publish the Election Notice (ELC-2) (Exhibit 2). The Commission will publish the Election Notice (ELC-2) (Exhibit 2) three (3) times, with an interval of seven (7) days between each publication, in a newspaper with district wide coverage approximately thirty (30) days prior to the election date. Source: Miss. Code Ann. §§ 69-27-9, 69-27-31 Rule 1.3 The Election Process Phase II. A. The Commission will prepare and send all necessary materials to the district for holding an election; ballots, Register of Voters (ELC-4) (Exhibit 4), Statement of Certification (ELC-5) (Exhibit 5), and the Election Results (ELC-6) (Exhibit 6). B. The contact person will be responsible for distributing the materials to each voting place and discussing with the election judge their responsibilities as stated on the Statement of Certification (ELC-5) (Exhibit 5). It is preferred that the materials for each voting place be delivered and picked up the same day of the election. No candidate may attempt to influence a voter's decision within thirty (30) feet of the voting place. Only owners of land lying within the district shall be eligible to vote, and each landowner may vote for three candidates. Voting hours should be the regular voting hours established by the State or the normal business hours of the voting place. No write-in candidates will be accepted. C. The contact person will be responsible for picking up the sealed ballot boxes containing the ballots, Register of Voters (ELC-4) (Exhibit 4), Statement of Certification (ELC-5) (Exhibit 5), and all unused materials from each voting place. D. At a designated place open to all candidates, the contact person will be responsible for tabulation of the votes from each voting place and recording the results of the voting on 2

the Report of the Election Results (ELC-6) (Exhibit 6). Any candidate or representative may be present during the vote tabulation. The contact person is also responsible for mailing the Register of Voters (ELC-4) (Exhibit 4), Statement of Certification (ELC-5) (Exhibit 5), and the Report of Election Results (ELC-6) (Exhibit 6) to the Commission as soon as possible. E. The Commission will approve or disapprove the election and establish the date the three (3) year term of office begins. The candidates who receive the majority of votes cast shall be the elected commissioners. A run-off election shall be held two weeks later should one candidate in a beat not receive a majority of the votes. F. The Commissioners elected will be duly notified and provided with identification cards. G. The Commission will publish the notice of Result of Election (ELC-7) (Exhibit 7) in a newspaper with district-wide coverage. H. The Commission shall pay all expenses for conducting the election. I. A copy of all materials related to the election process must be maintained in the district file for three (3) years. Source: Miss. Code Ann. §§ 69-27-9, 69-27-31 Rule 1.4 Election Contests and Right of Appeal. Any unsuccessful candidate for district commissioner, being aggrieved by the conduct of the election, may, within ten (10) days after the election, file with the Commission a petition protesting said election, specifying in detail the alleged irregularity or violation of election procedures, with a duplicate copy to be filed with the district board. Within twenty (20) days thereafter, the contact person shall provide the Commission with a written response to the petition, along with all papers, documents and other available evidence regarding the conduct of the challenged election, all certified to be true and correct. The Commission shall fix a time for a hearing on the challenge, and provide notice to the petitioner and contact person of such hearing. When the matter shall come on for hearing the Commission shall receive and consider all evidence regarding the alleged irregularity, and shall consider and decide the matter fully and finally according to these regulations and applicable laws of the State of Mississippi. The Commission may cause witnesses to be sworn by one of its members, or by any other authority competent to administer oaths. The Commission shall be the sole judge of all questions arising incident to or connected with such election, and shall order a new election in the event it determines, by a majority vote of the Commission, that a material violation or irregularity has occurred. In the event the Commission shall fail to promptly meet and rule on such contested election, or shall fail to give with reasonable promptness the full relief required by the facts and the law, the contestant shall have the right forthwith to file in the circuit court of the county wherein the irregularities are charged to have occurred a sworn copy of their said protest or complaint. Source: Miss. Code Ann. §§ 21-29-11, 23-15-927. Rule 1.5 Appointment of Commissioners. A. Two members of each board of commissioners are appointed by the MS Soil and Water 3

Conservation Commission. The qualifications, authorities, duties, term of office, etc., are the same as for an elected commissioner, with the exception of residency. An appointed commissioner need only be a resident and/or operator within the SWCD they represent. As with the election of commissioners, the Commission will depend heavily upon the district commissioners for assistance. B. Approximately seventy-five (75) days before the expiration of the commissioner's term of office, the Commission will notify the district. The notification will show the name of the Commissioner and the date his/her term of office expires and the beat for which the appointment is to be made. Included with the notification will be the Appointment Recommendation Form (Exhibit 9). C. The agreement on this form should be discussed with the nominee, who must sign and date the form if he/she agrees to be recommended. D. The majority of the district commissioners must approve the recommendation and enter the decision in the official minutes of the Board. E. The recommendation should be sent to the Commission office. F. The Commission will approve or disapprove the recommendation; if approved, the term of office will be established. G. The Commission will notify the commissioner about his/her appointment and provide him/her an identification card. H. A copy of the appointment information must be maintained in the district file for at least three (3) years. Source: Miss. Code Ann. §§§ 69-27-9, 69-27-31, 69-27-33 Part 902 Chapter 2: Oath of Office for Commissioners Rule 2.1. A. Implement the requirements prescribed by the Constitution and the Mississippi Code relating to appointed and elected officials. (Exhibit 11) B. Provide for an intense commitment to discharge the duties and responsibilities of the office of district commissioner and a greater appreciation for the dignity of the office. Source: Miss Code Ann. § 69-27-9 Rule 2.2. A. Each person prior to assuming the office of elected or appointed district commissioner shall take the oath of office prescribed by the Mississippi Code. B. Certification that the oath of office has been administered shall be filed in the Commission office at the beginning of the term of office. C. Any person who has not "qualified" for the office by taking the oath of office to cover the appropriate term of office, shall be ineligible to participate in official actions of the district board and shall be ineligible for reimbursement for travel and related expenses. Source: Miss Code Ann. § 69-27-9 4

Part 902 Chapter 3: Commissioner Resignations Rule 3.1. A commissioner who resigns must submit a written letter of resignation to the Commission. When filling a vacated commissioner's term, if the unexpired term of an elected or appointed commissioner is more than a year, the Commission will approve a special election to be conducted, or make an appointment. If the unexpired term is less than one (1) year, the district commissioners may designate a person to fill the unexpired term. Source: Miss Code Ann. § 69-27-33 Part 902 Chapter 4: Criteria for SWCD Commissioners Rule 4.1 The Soil and Water Conservation District law states: ... the commissioners shall be persons who are landowners and/or operators within the geographical areas of the district qualified to perform the specialized skilled services which will be required of them in the performance of their duties hereunder, and able to attend all meetings... The Commission believes that a commissioner must attend 75% of the regularly scheduled Board of Commissioners meetings in order to be in keeping with the interest of the law and carry out his/her responsibilities. Therefore, the Commission will not look with favor upon the reelection or reappointment of a commissioner who does not meet this requirement. In addition to the preceding requirement, there are other desirable characteristics for a good commissioner which should be given special attention during the election and appointment process. An individual who is seeking reelection or reappointment as a commissioner should demonstrate that he/she has... A. A good knowledge of the authorities and duties of a commissioner and the acceptance of these requirements. B. Leadership qualities, including initiative, innovation, salesmanship, positive thinking, enthusiasm, trustworthiness, progressive attitudes, dependability, the instincts of a team player, and skills in working with people. C. Good understanding of the district's soil and water conservation program and active assistance in carrying it out. D. The time to devote to the affairs of the district. E. Administrative and managerial ability, including decision making. F. Good knowledge of the local soil and water conservation problems or needs and the belief that the solution to them is extremely important. G. The ability to express himself/herself before the public. H. If a farmer, a good conservation program on his/her farm.

5

The elected or appointed commissioner should use the preceding criteria to make a selfevaluation of his/her performance as a commissioner and based upon the findings, should decide whether or not to be a candidate for reelection or reappointment. Source: Miss. Code Ann. § 69-27-9 Rule 4.2 Qualification Standards and Rules for Deputy Commissioners. The Mississippi Soil and Water Conservation Commission is authorized by state law to establish and administer qualification standards and establish terms of office for deputy commissioners. The following qualification standards are in keeping with this authority and responsibility. A. Landowner and/or operator. B. Resides in the supervisor beat he/she will represent. C. Qualified to perform the specialized, skilled services which will be required of him/her in performing duties of a deputy commissioner. D. Able to attend all meetings. E. Indicates a desire to be a deputy commissioner and intends to carry out the duties as established. Source: Miss. Code Ann. § 69-27-9 Rule 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 6

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)

7

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

8

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 9

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)________________________________|_____________________________________

10

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: _______________________________

11

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)______________________________|______________________________________

12

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

13

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

14

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

15

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.

16

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

17

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.

18

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.

19

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).

20

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.

21