Pursuant To The Public Utility Companies
Article §12-110 (a).
Revised and Voted on
ARTICLE I – NAME
This Authority shall be known as the “Maryland Underground Facilities Damage Prevention Authority” (the “Authority”).
ARTICLE II – PURPOSE
The purpose of the Authority is to perform certain duties. Such duties may include, but are not limited to, the review of reports of probable violations of the Maryland Underground Facilities Damage Prevention (“Law”), making recommendations and determinations relative to such reports, making recommendations and implementing programs with regard to Public Education and Awareness Programs that further public safety by the reduction of damage to underground facilities, to monitor, analyze, influence, propose, support or oppose programs or regulations that directly affect damage to underground facilities serving the citizens of the State of Maryland and to make recommendations to the Governor and the General Assembly on activities of the Authority and the State damage prevention law.
ARTICLE III – COMMITTEE MEMBERSHIP
The Maryland Underground Damage Prevention Authority shall consist of nine (9) voting members representing the following entities:
- Two underground facility owners that are Maryland members of the Maryland/DC Subscribers Committee;
- One from the Associated Utility Contractors of Maryland;
- One from the Public Works Contractors Association of Maryland;
- One from the One-Call Centers operating in the State;
- One that represents the underground utility locator community selected by the Maryland members of the Maryland/DC Damage Prevention Committee;
- One from the Maryland Association of Counties with experience in the field of underground utilities;
- One from the Maryland Municipal League with experience in the field of underground utilities;
- One person from the general public selected by the appointed and qualified members of the Authority.
The members are appointed by the Governor of the State of Maryland in accordance with Maryland law. The Authority shall be empowered to establish one or more subcommittees to assist in performing its tasks.
Qualification To Serve
Membership on the Authority shall be through appointment by the Governor as provided under the Maryland Underground Facilities Damage Prevention Law.
Term of Appointment
An appointed member shall serve a term of two years and if in good standing may, on recommendation, be re-appointed for an additional two year term. Request for appointment shall be made in the month of July to be effective with the first regular meeting of the Authority subsequent to October 1, of any given year.
The members shall elect from their ranks a Chairperson, a Vice Chairperson, a Treasurer, and a Secretary. These officers shall be elected at the Authority’s first regular meeting of the year and serve for a term of one year. Each officer shall be elected by a majority vote of the members of the Authority. The Chairperson position will be voted upon first. Following the election of the Chairperson, the Vice Chairperson position will be voted upon next. Following the election of the Vice Chairperson, the Treasurer position shall be voted upon and then Secretary.
When no candidate receives a majority of the votes, the candidate who receives the most votes shall be elected to the position. When there is a tie in the most votes received by two or more candidates for a position, the members shall take another vote, and only those candidates who were tied for the most votes shall be included in that ballot. This shall continue until one person has received the most votes or a tie continues to exist. If a tie continues to exist, the previous term’s Chairperson shall choose the person, from the candidates who are still tied with the most votes, to hold that position for the next one-year term.
The Chairperson shall preside at all meetings except that in his/her absence the Vice Chairperson shall preside. The Secretary shall be responsible to keep a record of the actions of the Authority. Minutes of the meeting shall be taken and approved by the majority vote of the subsequent meeting. No other officers and Directors shall be appointed, except that the Chairperson or Vice Chairperson may from time to time appoint members to head subcommittees.
ARTICLE VII – REMOVAL
Any member may resign.
On the recommendation of the Authority, a member may be removed by the Governor for incompetence or misconduct.
ARTICLE VIII – VACANCIES
Any vacancy of either an officer of the Authority or a member of the Authority shall be filled as soon as practical.
When a vacancy occurs as to an officer of the Authority, the Authority, by secret ballot, unless decided otherwise, shall elect the officer to the Authority to fill the vacancy for that term by majority of vote of the members of the Authority.
When a vacancy occurs as to a member of the Authority, the procedure to the extent possible shall be as follows:
1. The member leaving the Authority prior to the expiration of his/her term shall promptly and directly notify the chair of the Authority.
2. Except as to the public member of the Authority, the Authority shall promptly and directly notify the entity from which the vacating member was representing of the vacancy, and request such entity to promptly notify the Governor of the vacancy and submit to the Governor a name or names to fill and serve the balance of the term of the vacating number.
3. If a vacancy occurs in the position of public member representative of the Authority, the Chair of the Authority, as promptly as practical at a meeting of the Authority or otherwise, shall submit to the Governor for appointment a list voted upon and approved by a majority of the other appointed and qualified Authority members.
4. Unless and until the Governor appoints and fills a vacancy of any member of the Authority, that member, unless he/she resigns from the Authority, shall continue to serve and be a member of the Authority until the successor is appointed and qualifies.
ARTICLE IX – COMPENSATION
Members shall serve without compensation and without reimbursement for expenses. Nothing contained in this section shall be construed to prevent any sponsoring organization from compensating their representative on the Authority for salary, expenses, or other compensation considered as a condition of their employment.
ARTICLE X – MEETINGS
Regular meetings shall be held at least every 3 months, or monthly, or as needed, at a time and place selected by majority vote of members. Unless suspended by the Chairperson, the regular meetings will be held on the first Wednesday of each month unless that day is a State or Federal holiday. In such cases, the meeting shall be the next regular workday or a day agreed upon by the majority. If a scheduled meeting is cancelled due to weather or other reasons, the meeting may be rescheduled or combined with the next regularly scheduled meeting. Meetings shall be open, however, those attending that are not members or have not been called, shall be allowed to speak only at the discretion of the Chairperson. All meetings shall follow Robert’s Rules of Order. Any regular meeting may be conducted telephonically (conference call) at the discretion of the Authority.
ARTICLE XI – SPECIAL MEETINGS
The Chairperson may call special meetings. Such notice shall be as far in advance as practical, but not less than three days. Such meetings may be held at a time and place established by the notice. Special meetings may be by conference call or by other appropriate telecommunications means approved for the occasion. A quorum of 5 members is required for a special meeting.
ARTICLE XII – ATTENDANCE
A roll call shall be taken by the Secretary at the beginning of each meeting and a record of those members in attendance shall be kept as part of the records of the actions of the Authority. To remain in good standing a member must attend 75 percent of all meetings conducted in a calendar year.
ARTICLE XIII – AMENDMENTS
These bylaws may be amended by a two-thirds (2/3) majority vote of the members present at any regular meeting, if such amendment is first read and approved by a two-thirds (2/3) vote of the members present at the prior regular meeting of the Authority.
ARTICLE XIV – QUORUM
At any meeting of the Authority, five (5) members present, in person or telephonically, shall constitute a quorum for the transaction of business. Actions by a quorum shall be deemed to represent the actions of the entire Authority.
ARTICLE XV – ACTIONS AND POWERS
Enforcement action relative to the reports of probable violations shall be undertaken by roll call to vote of those present. A simple majority vote of those voting shall be deemed to be the position of the Authority. Members who cannot attend meetings shall not be allowed to send an alternate representative. When an enforcement action that directly involves the employer of an Authority member, that member shall have the right to speak on the issue before the Authority and the Authority shall consider the views of the member; however, the member will abstain from voting. Such abstention shall be reported in the roll call vote. Each member shall vote in person. No person shall vote by proxy or allow his/her vote to be cast by another.
The Authority may vote on and adopt policies to be used as guidelines during its review and recommendation process relative to reports of probable violations. Such policies may serve as guidelines, but do not represent a general order, rule or regulation of the State of Maryland.