CFAB Bylaws and Objectives
CFAB Bylaws and Objectives were established on July 20, 1994 by authority of Article 11 Title 3 Section 11-0327 of the Environmental Conservation Law
ARTICLE I. Definitions.
- "Board" shall mean the Conservation Fund Advisory Board
- "Conservation Fund" shall mean, as defined by New York State Finance Law Section 83, "all moneys belonging to the state received by the Department of Environmental Conservation from the sale of licenses for hunting, for trapping, and for fishing, all moneys received in actions for penalties under articles eleven and thirteen of the Environmental Conservation Law and subdivision two of section 71-1929 of the Environmental Conservation Law, or upon the settlement or compromise thereof, all fines for violation of any of the provisions of articles eleven and thirteen of the Environmental Conservation Law, all moneys arising out of the operation of real property under the jurisdiction of the division of fish and wildlife in the Department of Environmental Conservation heretofore or hereafter acquired by the state of New York, and from any concessions thereon and from any leases thereof, including moneys received from the sale thereof when authorized by law, all moneys received from leases or rentals of shellfish grounds in the marine and coastal district, all moneys from gifts for fish and wildlife management pursuant to section six hundred twenty-five of the tax law, moneys received by the department of environmental conservation from the sale of limited edition prints of fish and wildlife paintings, as authorized by paragraph t of subdivision two of section 3-0301 of the Environmental Conservation Law, all moneys received from the reimbursement provided for in paragraph b of subdivision seven of section 8-0109 of the Environmental Conservation Law, and all other moneys arising out of the application of any provisions of articles eleven and thirteen of the Environmental Conservation Law."
The purpose of the Conservation Fund as defined by New York State Finance Law Section 83 is "the care, management, protection and enlargement of the fish, game and shell fish resources of the State and for the promotion of public fishing and shooting."
- "Department" shall mean the New York State Department of Environmental Conservation
ARTICLE I. Name and Objectives.
Section 1. The official name shall be Conservation Fund Advisory Board.
Section 2. Objectives
- Examine, review and report upon the allocations and expenditures as prescribed in Section 11-0327 of the New York State Environmental Conservation Law, number 3, a-f as follows:
- To make reports and release information from time to time, as it deems necessary, to sportsmen and the general public regarding the Conservation Fund and the fish and wildlife program.
- To consult with fish and wildlife interests and render annual reports to the Commissioner of the Department on fiscal needs and make recommendations on how such needs shall be met.
- To assist the Department's efforts to expand the available sources of income for the conservation fund and advise the Department with respect to the needs of various fish and wildlife programs.
- To work to encourage both residents and non-residents to hunt, fish and trap in New York, and to promote conservation and management of New York's natural resources.
- To work through all avenues available to establish cooperation and credibility between the license buyer and the Department.
- To work closely with appropriate Divisions in the Department especially Fish, Wildlife, and Marine Resources, and Management and Budget to identify problem areas and needs both current and new.
ARTICLE II. Membership.
Section 1. The Board shall be composed of eleven voting members, including a member designated by the State Fish and Wildlife Management Board, a member designated by the New York State Conservation Council, three members appointed by the Governor, two members appointed by the Temporary President of the Senate, one member appointed by the Minority Leader of the Senate, two members appointed by the Speaker of the Assembly, and one member appointed by the Minority Leader of the Assembly.
Section 2. None of the voting members shall be employees of the department.
Section 3. Of the members appointed by the governor, the Temporary President of the Senate, the Minority Leader of the Senate, the Speaker of the Assembly, and the Minority Leader of the Assembly, no two shall be residents of the same Department of Environmental Conservation region.
Section 4. Each member shall be a resident of the region which that person is appointed to represent.
Section 5. The Board shall be representative of individual and organized sportsmen's interests in each region of the state.
Section 6. Persons designated or appointed to the Board, excluding ex officio members, shall have demonstrated a long-standing interest, knowledge and experience in fish and wildlife management, including hunting or fishing, as evidenced in part by the holding of a valid New York state hunting, fishing or trapping license at the time they are designated or appointed to such board and for each of the three years immediately preceding their designation or appointment to such board.
Section 7. In addition to these voting members, the Commissioner of the Department and the Chairmen on the Senate Finance Committee, the Senate Environmental Conservation Committee, the Assembly Ways and Means Committee, and the Assembly Committee on Environmental Conservation or their designees shall serve as ex officio, non-voting members of the Board.
Section 8. The designation or appointment of any voting member of the Board shall be considered terminated if, in the course of any one-year period commencing from the date of their designation or appointment, such person shall have accrued three unexcused absences from the meetings of the Board. Excuses for absences are to be accepted at the discretion of the Chairman.
Section 9. Upon designation or appointment, the individual nominee shall present to the Board Secretary a copy of the letter of designation or appointment from the authority empowered to make such designation or appointment.
ARTICLE III. Officers.
Section 1. The officers of the Board, elected from the voting members, shall consist of the Chair, Vice-Chair and Secretary.
Section 2. Term. The term of office, for all offices, shall be for one year, beginning immediately after the annual meeting.
Section 3. Unexpired Term.
- If the office of the Chair shall be vacated, for any reason, before the end of the term, the unexpired portion of that term of office will be filled by the Vice-Chair.
- If the office of Vice-Chair or Secretary is vacated, for any reason, before the end of the term, the unexpired portion of that term of office will be filled by a normal election.
ARTICLE IV. Meetings.
Section 1. Meetings.
- The Board shall comply with the provisions of the New York State Open Meetings Law, Public Officers Law Article 7, with the following exceptions:
- Members may attend meetings by telephone or video conference and vote on matters before the Board provided a majority of the Board is physically present for the meeting and the meeting place of the majority of Board is noticed and open to the public. No votes will be accepted from members not in attendance either in person or by telephone or video conference.
- The Board may enter Executive Session upon a vote of the majority of Board members to discuss personnel matters regarding employees whose salaries are wholly or partially paid for by the Conservation Fund.
- Meetings of the Board shall be at the call of the Chairman.
- Not less than four meetings shall be called each year, with two meetings during the first six months and two during the last six months.
- The Chair will call a meeting upon written request of a majority of the whole number of the Board members.
- Notice of meetings shall be at least 10 days by mail, or five days by telephone.
- Each meeting should contain a general agenda.
- Executive sessions shall be conducted when considered necessary by the Board members.
a. Board minutes will be mailed to all members as soon as possible after the meeting but no later than two weeks after the date of the meeting, as provided in the Open Meetings Law, Public Officers Law Article 7.
b. Board meeting minutes will be considered approved one week (seven days) after the draft minutes are distributed to Board members, unless a member requests they be held until the next scheduled meeting. If no such request is made, the minutes shall be made available to all individuals or organizations requesting them.
c. All summary Board minutes shall be made available on the Department website within two weeks after the date of the meeting.
d. All Official Board minutes shall be available on the Department website within two weeks after approval of the Board.
Section 2. Annual Meeting.
The first meeting after April 1 of any calendar year shall the annual meeting.
Section 3. Quorum - voting.
- Six (6) Board members, representing a majority of the whole Board, shall constitute a quorum.
- All decisions shall be by the majority vote of Board members.
- As no proxies are allowed, six votes must be cast in majority.
- Any meeting may be adjourned by a majority of those present.
ARTICLE V. Duties of Officers.
- The chair shall preside at all Board meetings.
- He shall appoint the chair and members of all committees.
- He shall represent the Board on all matters relating to the concern and objectives of the Board and is authorized, when necessary, to designate an instructed member of the Board to represent him.
- He shall approve all Board expenditures and reimbursements.
- The Vice-chair shall assume the duties of the Chair in the absence or upon the Chair's inability to serve and shall perform any duties assigned by the Chair.
- In the event the Vice-chair cannot serve, the Board shall choose another Vice-chair pro-tempore.
- The Secretary shall be responsible for the Board's files and records; shall record the minutes of the Board; note and file correspondence and issue meeting notices and maintain a record of Board expenses.
- The Secretary may request of the Department a person designated as Recording Secretary.
ARTICLE VI. Election of Officers.
Section 1. Election.
- The election of officers shall take place at the annual meeting in accordance with Article II, Section II.
- Officers shall be elected by secret ballot upon request of any Board member.
ARTICLE VII. Bylaws.
Section 1. Availability.
- Copies of these bylaws will be provided to all Board members.
- Copies of these bylaws shall be available for inspection at each Board meeting.
Section 2. Amendments.
The bylaws governing this Board may be amended by a two-third vote of the whole number of the Board members, at a duly constituted Board meeting, provided a copy of such amendment is sent to all Board members as provided in Article III, Section I, (d) which provides 10 days notice by mail.
Section 3. Parliamentary Authority.
In all matters not covered by these bylaws, Roberts Rules of Order shall prevail.
Duties and Responsibilities of each Board Member
- Each Board member shall attempt to hold Department regional public meetings at least once each year. Other Board members and appropriate Department personnel shall be included.
- Each Board member shall work cooperatively with central and/or regional Department offices for professional and secretarial help.
- Each Board member shall through his local contacts and meetings collect and distribute information for and from the Board.
- Each Board member shall quote Board positions only in accordance with Board policy.
- If and when a Board member cannot actively participate in the Board, he shall submit his resignation.
- A Board member may be removed upon a majority vote of the Board if that Board member is convicted of any felony, or any misdemeanor or any violation of New York Environmental Conservation Law or enters into a civil agreement with the Department or officer or employee thereof to resolve an alleged violation of New York Environmental Conservation Law.