Virginia State Bar

An agency of the Supreme Court of Virginia

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Local Government

A Section of the Virginia State Bar.

Bylaws

BYLAWS OF THE SECTION
ON LOCAL GOVERNMENT LAW
OF THE VIRGINIA STATE BAR

Approved by Council, February 1985
Amended by Council, October 1991
Amended by Council, October 1995

ARTICLE I

Name and Purpose

Section 1. Name. The name of this Section shall be the Section on Local Government Law of the Virginia State Bar (approved by Council October 1988).

Section 2. Purpose. The purpose of this Section is to provide assistance and support to public and private practitioners of local government law, including those concerned with the law relating to general and special purpose units of government, through the sponsorship of programs and seminars and the provision of a forum wherein section members can share research source materials and experiences.

ARTICLE II

Membership

Section 1. Dues. Each member of this Section shall pay to the Treasurer of the Virginia State Bar such annual dues as shall be assessed by the Board of Governors. Any member of the Virginia State Bar, upon request to the Secretary of this Section, shall be enrolled as a member of this Section. Judicial membership shall be open to any active or retired judge of the United States or Commonwealth of Virginia. There shall be no dues or other assessments required of judicial members. Judicial members may not vote or hold office. [Amended by Council, October 1995]. Members so enrolled shall so constitute the membership of this Section.

Section 2. Meetings. The annual meeting of this Section shall be held during the annual meeting of the Virginia State Bar, in the same city or place, with such program and order of business as may be arranged by the Board of Governors. Special meetings of this Section may be called by the Chairman upon approval of a majority of the Board of Governors, at such time and place as the Board of Governors may determine. The Secretary shall give notice to the members of the time and place of all meetings. The members of this Section present at any meeting shall constitute a quorum for the transaction of business, and all binding actions of this Section shall be by a majority vote of the members present.

ARTICLE III

Board of Governors

Section 1. Number and Eligibility. There shall be a Board of Governors of this Section which shall consist of eleven (11) members, unless a twelfth member is required pursuant to Article IV, Section 1 of these bylaws. In addition, if the term of office of the Section's Chair expires simultaneously with the Chair's term as a member of the Board of Governors, then the Chair shall thereafter serve as an ex officio member of the Board for one year. [Amended by Council, October 1991] The initial Board of Governors shall be appointed by the President of the Virginia State Bar, and shall serve until the first annual meeting of this Section, at which time the Board of Governors shall be elected by the membership.

Section 2. Term. The appointed Board of Governors shall serve as the nominating committee at the initial annual membership meeting. Three (3) members of the Board of Governors shall be nominated and elected to serve for one (1) year; four (4) members for two (2) years; and four (4) members for three (3) years. "Year" designates a term beginning July 1 after the annual meeting and ending June 30 of the succeeding year. Thereafter, upon expiration of each of these initial terms, members of the Board of Governors shall be nominated and elected at each annual meeting, by a vote of a majority of the members of this Section present and voting, [Amended by Council, October 1991] for terms of three (3) years, beginning July 1 following the annual meeting at which they have been elected and ending June 30 three years later. Nominations at the initial annual meeting of the membership may be made from the floor at this Section meeting. No member of the Board of Governors shall be elected to serve more than two consecutive terms of three years. [Amended by Council, October 1991]

Section 3. Nomination. After the initial annual meeting and not less than sixty (60) days before each subsequent meeting, the Chair shall appoint a nominating committee of at least five (5) members, not more than three of whom may be members of the Board of Governors. The Chair shall give due consideration to both the public bar and the private bar in designating such members. [Amended by Council, October 1991] The nominating committee shall meet at the place of the annual meeting at a time designated by the Chair of this Section and shall make and report to the Section nominations for any positions on the Board of Governors held by members whose terms expire on the 30th day of June following the annual meeting, or for any positions which are then vacant. Three members of the nominating committee shall constitute a quorum, and, if less than a quorum is present, the Chair of this Section shall appoint new members sufficient to constitute a quorum. Other nominations may be made from the floor of this Section meeting.

Section 4. Election. All elections shall be by viva voce unless otherwise ordered by resolution duly adopted by this Section at the annual meeting at which the election is held.

Section 5. Duties and Powers. The Board of Governors shall have general supervision and control of the affairs of this Section, subject to the provisions of the Rules for Integration of the Virginia State Bar and the bylaws of the latter. It shall especially authorize all commitments or contracts which shall entail the payment of money and shall authorize the expenditures of all monies appropriated for the use or benefit of this Section. It shall not authorize commitments or contracts which shall entail the payment of more money during any fiscal year than the total amount which shall have been previously appropriated to this Section for such fiscal year.

Section 6. Meetings. Regular meetings of the Board of Governors of this Section shall be held upon the call of the Chairman, as necessary, at least twice during each fiscal year of this Section. The exact time and place of each meeting shall be designated by the Chairman and the Secretary shall give notice to each member of the Board of such meetings. Special meetings of the Board of Governors shall be held at the request of the majority of the Board of Governors or at the call of the Chairman, and the Secretary shall give notice to the members of the Board. A majority of the Board shall constitute a quorum, and all binding actions of the Board shall be by majority vote.

Section 7. Vacancies. The Board of Governors, during the interim between annual meetings of this Section, may fill vacancies in its membership. Members of the Board of Governors and officers so selected shall serve until the next succeeding June 30 or until their successors have been elected and qualified.

Section 8. Committees. The Board of Governors may designate committees and the Chairman shall appoint the membership from Section members, to perform such duties and exercise such powers as the Board of Governors shall direct, subject to limitations of these bylaws and the bylaws of the Virginia State Bar.

ARTICLE IV

Officers

Section 1. Nomination and Election. At each annual meeting of this Section, a Chair, Vice-Chair, and Secretary shall be elected from among the members of the Board of Governors, by a vote of a majority of the members of the Section present and voting, to hold office for a term beginning on the 1st day of July following the annual meeting and on June 30 of the next succeeding year, or until their successors have been elected and qualified. The nominating committee designated by the chair pursuant to Article III, Section 3 of these bylaws shall make and report to the Section at each annual meeting nominations for these three offices. Other nominations may be made from the floor of the Section meeting. If the term of the Board member elected to serve as the Chair is to expire on June 30 immediately following the annual Section meeting, then the Board member's term of office shall automatically be extended for one year during which time the Board of Governors shall consist of twelve (12) members. [Amended by Council, October 1991]

Section 2. Chair. The Chairman shall preside at all meetings of this Section and of the Board of Governors. He shall formulate and present at each annual meeting of the Virginia State Bar a report of the work of this Section for the immediate past year. The Chair shall perform such other duties and acts as usually pertain to the office.

Section 3. ViceChair. Upon the death, resignation, or during the absence or disability of the Chair, or upon his refusal to act, the ViceChair shall perform the duties of the Chair for the remainder of the Chair's term except in the case of the Chair's disability, in which event he shall perform the duties of the Chair only so long as the disability continues.

Section 4. Secretary. The Secretary shall be the custodian of all books, papers, documents, and other property of this Section, except money. The secretary shall give notice of all meetings of this Section and of the Board of Governors and keep a true record of the proceedings. The secretary shall assist the Chair in preparing a summary or digest of the proceedings of this Section at its annual meeting for publication in the Annual Report of the Virginia State Bar, after approval by the Executive Committee or the Council of the Virginia State Bar, or a committee designated by either.

Section 5. Vacancies. The Board of Governors shall fill any vacancy that may occur in the office of Chair, ViceChair, or Secretary.

ARTICLE V

Miscellaneous

Section 1. Fiscal Year. The fiscal year of this Section shall be the same as that of the Virginia State Bar.

Section 2. Expenses. All expenses incurred by this Section, before being forwarded to the Treasurer of the Virginia State Bar for payment, shall be approved by the Chair or the Secretary, or, if the Board of Governors shall so direct, by both of them.

Section 3. Compensation. No salary or compensation shall be paid to any officer or member of the Board of Governors.

Section 4. Action of Section. Before any action of this Section becomes the action of the Virginia State Bar, it must be approved by the Council of the Virginia State Bar. Any resolution adopted or action taken by this Section may, on request of this Section, be reported by the Chair of this Section to any meeting of the Council of the Virginia State Bar for the bar's action thereon.

Section 5. Printing. All printing for this Section or for the Board of Governors or by committees of this Section shall be done under the supervision of the headquarters office of the Virginia State Bar.

ARTICLE VI

Procedure

Section 1. Except as otherwise provided in these bylaws, Robert's Rules of Order shall govern the procedure at meetings of this Section and its Board of Governors.

ARTICLE VII

Effectiveness & Amendment of Bylaws

Section 1. Bylaws Effective. These bylaws shall become effective after approval by the Council upon recommendation of the Executive Committee of the Virginia State Bar and by this Section.

Section 2. Amendment. These bylaws may be amended at any annual meeting of this Section by a vote of a majority of the members of this Section present and voting, provided such amendment shall first have been approved by a majority of the Board of Governors and provided, further, that no amendment so, adopted shall become effective until approved by the Council upon recommendation of the Executive Committee of the Virginia State Bar.