(a) There is established in the Department a Community Forestry Council, which shall consist of 13 members appointed by the Secretary. Membership shall include at least 1 representative each from the USDA Cooperative Extension System, the Governor’s Forestry Advisory Council, the Master Gardener program and the Delaware Association of Nurserymen; an arborist or similar tree care expert; a county or municipal government official; a member of an institution of higher learning within the State who possesses urban forestry expertise; and a private citizen from each county. Each member shall be a citizen with expertise or interest in trees, forestry, or tree or forest management, maintenance or care. The Department’s Urban Forestry Coordinator and State Forester shall serve as ex officio members.

Terms Used In Delaware Code Title 3 Sec. 1034

  • Department: shall mean the Department of Agriculture. See Delaware Code Title 3 Sec. 1032
  • Ex officio: Literally, by virtue of one's office.
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Secretary: shall mean the Secretary of Agriculture. See Delaware Code Title 3 Sec. 1032
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

(b) Each member shall serve for a period of 3 years, and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Council shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment, except that each member shall serve until a successor is duly appointed.

(c) A person who has never served on the Council may be appointed to the Council 2 consecutive times, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Council or who has served on the Council for 6 years within any 9-year period shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.

(d) Five members of the Council shall be appointed each year for a 3-year term.

(e) A member of the Council shall be suspended or removed by the Secretary for misfeasance, nonfeasance, malfeasance or neglect of duty.

(f) Chapter 58 of Title 29 shall apply to all members of the Council and to all agents appointed or otherwise employed by the Council.

(g) A majority of the membership of the Council shall constitute a quorum for the transaction of Council business. Action may be taken and motions and resolutions adopted by the Council at any meeting thereof by the affirmative votes of a majority of the full membership of the Council.

(h) Members of the Council shall serve without compensation, but may be reimbursed for expenses necessarily incurred in the discharge of their official duties.

(i) The Council shall elect a chairperson, vice chairperson and other officers as may be necessary.

(j) The Council shall advise the State Forester and the Department on issues concerning community forestry and assist with such functions.

72 Del. Laws, c. 235, § ?2;