Bylaws of the Environmental Law Section of the Tennessee Bar Association

Article I
Name

This section shall be known as the Environmental Law Section of the Tennessee Bar Association (TBA), hereinafter referred to as the “section.”

Article II
Purpose and Duties

The purpose of the section shall be:

(a) to further the knowledge of the members of the section in the law of local, state and national environmental laws and regulations and the regulatory and litigation practice related to such law,

(b) to increase the skill of its members through the dissemination of information and material on subjects of mutual interest and concern and to provide for a medium through which the members may cooperate, encourage and assist each other in the solution of problems common to the practice of law in such fields to the mutual benefit and improvement of the members of the section,

(c) to assist, when called upon by the Board of Governors of the TBA, in the formation, administration and implementation of programs, forums, and other activities for the education of the members of the TBA in these related fields,

(d) to act upon all matters germane to its purposes as so described or referred to it by the Board of Governors, and

(e) to make recommendations to the Board of Governors. The purpose of the section shall be accomplished through its executive committee, officers and committees by utilizing publications, meetings, seminars, projects and other suitable means to this end, thereby promoting the object of the TBA and the membership thereof.

Article III

§l Membership
Any member of the TBA, upon proper application accompanied by advance payment of annual dues for the current year shall be enrolled as a member of this section. The term of the membership in the section shall be for a period of one year.

§2 Dues
The annual dues of the section shall be $25 payable to the TBA at its headquarters in Nashville. Annual dues shall be paid in advance and are payable on the first day of July of each year for the 12-month period beginning on that date.  The name of any person whose annual dues shall be more than six months past due shall be dropped from the roles of the section. Those members of the TBA whose names are carried on the roles of the section and whose annual dues are paid in full in advance shall constitute the membership of the section. All funds so collected shall be deposited to the general operating funds of the TBA and the accumulation of these funds shall be subject to approval by the Board of Governors of the TBA.

Article IV
Executive Committee

§1 Duties
The section shall be governed by an executive committee. The executive committee shall assist the Board of Governors in matters relating to the section and all other matters referred to the executive committee by the Board of Governors. The executive committee shall supervise and direct the affairs and policies of the section, subject to and in accordance with these bylaws, policies of the Board of Governors, and the rules and regulations of the TBA.

§2 Members
The executive committee shall consist of nine members to be elected by the membership of the section, the current officers of the section, the immediate past chair, and all other past chairs. To the extent feasible, three of such executive committee members shall be drawn from each of the three grand divisions of the state. Past chairs other than the immediate past chair shall be members ex officio of the executive committee, entitled to vote in meetings but attendance or participation by other means of the ex officio members shall not affect the determination of a quorum for any meeting as provided for in section 2 of this article below. Nominations for such appointments may be made by the executive committee acting as a nominating committee or by petition signed by at least 15 members of the section. Petitions for such nominations shall be submitted to the executive committee 30 days prior to the annual meeting of the section each year. No member of the executive committee shall receive compensation for services.

§3 Term of Office
Members of the executive committee shall serve for a period of one or two years with one member from each division serving for two years and two members serving for one year each.

§4: Meeting
Meetings of the executive committee may be called by the chair or by a majority of the members of the executive committee. Written notice of such meetings shall be mailed to members of the executive committee at least 15 days prior to such meeting or shall be given by telephone at least three days prior to such meeting. At meetings of the executive committee, the majority of its members other than ex officio members shall constitute a quorum for the transaction of any business of the committee.

Article V
Officers

§1 Officers
The officers of this section shall be a chair, vice chair (who shall also be the chair elect), secretary/treasurer and the newsletter editor. The executive committee shall appoint the initial chair, vice chair, secretary/treasurer and newsletter editor. In years thereafter, the executive committee shall elect a vice chair, secretary/treasurer and newsletter editor from among the committee members each of whom shall at the time of assuming such office have served at least one year as a member of the committee. The newly elected chair, vice chair, secretary-treasurer and newsletter editor shall assume the duties of their respective offices on the last day of the annual meeting of the TBA following their election, and shall continue in office until their successors are elected and assume office. In the event of vacancy among the officers, the executive committee may elect a successor to fill the unexpired term.

The chair shall preside at all meetings of the section and the executive committee and shall administer the affairs of the section and committee subject to and in accordance with the rules and regulations of the TBA and policies of the Board of Governors, and these bylaws.

The vice chair shall perform all the duties of the chair during the absence or inability of the chair to act, and when so acting shall have all the powers of the chair and be subject to all the restrictions upon the chair. The vice chair shall succeed to the office of chair the year following his or her election as vice chair. The vice chair elected shall be an attorney practicing environmental law in the private sector if the chair with whom he or she shall serve is an attorney practicing in the public sector, and, conversely, the vice chair shall be an attorney practicing in the public sector when the chair practices within the private sector.

The secretary-treasurer shall keep minutes of meetings of the section and executive committee and make suitable arrangements for annual meetings. The secretary-treasurer shall see to the publication of the appropriate notices of all meetings.

The newsletter editor shall work with the chair and executive committee to publish a newsletter at least twice each fiscal year.

Article VI
Committees

§1 Standing Committees
There shall be the following standing committees: Program Committee, Projects Committee, Budget and Finance Committee, Membership Committee, Publications Committee, and Annual Meeting Committee. The executive committee shall have the power to create other standing committees from time to time and such other standing committees shall serve at the pleasure of the executive committee.

§2 Officers
Each standing committee shall have a chair and a vice chair and such other officers as may be required who shall be selected by, and serve at the pleasure of, the executive committee. Such officers shall have such powers and duties as the executive committee may from time to time determine.

§3 Ad Hoc Committees
The chair of the section shall have the power, without the need for executive committee approval, to appoint such ad hoc committees as are necessary for the purpose of furthering the objectives of the section.

§4 Members of the Committees
The members of the standing and ad hoc committees shall be selected from the members of the section. The executive committee may, on recommendation of any standing or ad hoc committee, remove or replace any committee member who shall fail to attend three consecutive committee meetings.

Article VII
Section Meetings

§1 Meetings and Notices
There shall be a section meeting at the time and place of the annual meeting of the TBA. The section may also hold such other meetings as may be called by the executive committee upon notice given to the members of the section at least 20 days prior to the meeting. Notice of the meetings shall be given by mail or in an official publication of the TBA.

§2 Quorum
The members of the section present at any meeting shall constitute a quorum for the transaction of business.

§3 Vote
All binding action of the section shall be by majority vote of the members present.

Article VIII
Fiscal Matters & Reports

§1 Fiscal Year
Fiscal year of the section shall be the same as that of the TBA.

§2 Disbursements
No invoice, statement, or other evidence of expenditure on behalf of the section shall be forwarded to the secretary-treasurer of the section or the treasurer of the TBA for payment without having been approved by the chair or the secretary-treasurer.

§3 Expenditure of Funds
The executive committee shall determine and approve expenditure of funds in furtherance of its activities consistent with these bylaws and the constitution of the TBA, provided, however, that no expenditures of funds in excess of those actually on hand may be made nor may any such expenditure obligate the TBA in any financial matter.

§4 Annual Report
An annual report of the activities of this section shall be submitted to the Board of Governors and the president of the TBA. In addition, such other reports as may be requested by the Board of Governors or the president of the TBA will be submitted in a timely manner.

Article IX
Miscellaneous Provisions

§1 Tennessee Bar Association
No action of this section shall become effective as the action of the TBA until it is approved by the TBA Board of Governors. All programs, procedures and policies of the section shall be subject to review by the Board of Governors.

§2 Publications
The executive committee may determine and provide for the publication and distribution of a newsletter or other publications of the section in the furtherance of its objectives.

§3 Continuing Legal Education
All continuing legal education,programs, except such publications as the section may be authorized to publish, shall be conducted in consultation with the Continuing Legal Education Committee of the TBA in order that the TBA may continue to coordinate continuing legal education programs so as to provide the greatest possible benefit to all members of such association.

§4 Amendment
These bylaws may be amended at any annual meeting of the section consistent with the constitution and bylaws of the TBA by a majority vote of the members of the section present and voting, provided that such proposed amendment shall have been, or shall be approved by a majority of the executive committee. Upon such approval by the section, such amendments shall be presented for approval to the Board of Governors of the TBA and no amendment so adopted shall be effective until so approved.

§5 Approval
These amended bylaws shall become effective upon approval of the Tennessee Bar Association’s Board of Governors.

§6 Authentication
These amended bylaws were approved by the TBA Board of Governors, October 22, 1994.

(amended October 22, 1994)