Wyo. Code R. 010-0014-1
Beef Council
Chapter 1: Beef Council
Effective Date: 07/27/1990 to 06/24/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 010.0014.1.07271990
Date Filed 07/27/90
Expr Date
Supr Date
Repeal Date
Document Type RULES
Section I. Authority. Pursuant to the authority vested in the Wyoming Beef Council by virtue of W.S. 11-37-101 through W.S. 11-37-110, the following rules and regulations are hereby promulgated.
Section 2. The Wyoming Administrative Procedures Act to Govern Proceedings. The Wyoming Beef Council hereby adopts the Rules of Practice and Procedure which are applicable to the council's proceedings under the Wyoming Administrative Procedures Act. Copies of said rules are available upon request.
Section 3. Definitions. The definitions set out in W.S.11-37-102 are adopted and incorporated within these rules as well as the following:
(a) The term 'funding request form' means the form designed by the council and distributed to those who apply for council funds setting out the name of the applicant responsible for the funds and the proposed use of the funds.
(b) The term 'annual marketing plan' means the guidelines developed by the council after public notice establishing goals for council funds for a fiscal year.
(c) The term 'applicant' means a corporation registered with the Wyoming Secretary of State, or an individual, organization, association, or foundation.
(d) The term 'newspaper' means a legal newspaper as defined in W.S. 18-3-519.
(e) The term 'research' means studies relative to the effectiveness of market development and promotion efforts, studies relating to the nutritional value of beef and beef products, other related food science research and new product development.
(f) The term 'promotion' means any action, including paid advertising, to advance the image and desirability of beef and beef products with the express intent of improving the competitive position and stimulating sales of beef and beef products in the marketplace.
(g) The term 'consumer information' means nutritional data and other information that will assist consumers and other persons in making evaluations and decisions regarding the purchasing, preparing, and use of beef and beef products.
(h) The term 'industry information' means information and programs that will lead to the development of new markets, marketing strategies, increased efficiency, and activities to enhance the image of the cattle industry.
(i) The term 'producer organization' means Wyoming farm bureau, farmers union, breed associations, Stockgrowers, Woolgrowers, cowbelles, Western Dairymen, WIFE, Young Farmers, Grange, and other organizations as recognized by the council.
(a) An applicant must submit:
(i) Completed funding request form two weeks prior to a council meeting.
(A) Projects with statewide or national impact will be given priority.
(ii) After the council has approved funding, a signed Memorandum of Agreement which shall include accounting and reporting procedures, ownership of products developed with council funds, an assignability clause, independent contractor clause, sovereign immunity clause, beginning and termination date, before any council funds are released.
(iii) Written amendments to the original Memorandum of Agreement which evidence council approval before acting on changes in the original agreement.
(iv) Any additional information required by the council.
(b) The council staff may:
(i) Provide the applicants with information concerning the council and the application procedure.
(ii) Use discretion in forwarding applications to the council.
(a) By July 1 of each new fiscal year as defined in W.S.11-37-102, the council may formulate an Annual Marketing Plan.
(i) The Annual Marketing Plan shall set out the goals for council funds as identified by the council under the guidelines of W.S. 11-37-101 and 11-44.
(ii) The Annual Marketing Plan will be available to the public upon written request.
(b) The council may consider the requirements of the Beef Promotion and Research Information Act and Order (7 CFR 1260) before distributing funds.
(c) The council shall strive to avoid duplication or conflict with any national or other state promotion effort.
(d) The council may refer funding requests to the appropriate national organization for an evaluation.
(a) These Rules will be construed to provide due process and fairness in all official council actions. In any action in which a council member or the presiding officer is alleged by a party to have a legal conflict of interest, the presiding officer or Chairman may choose to allow the examination of the alleged conflict and involved person by any means (voir dire), will give the involved person the opportunity to respond and to recuse himself, and may take any appropriate action authorized by law to resolve the issue.
(a) Dates.
(i) The council may meet every other month. The council shall publish meeting notices nine days prior to meeting except special meetings including telephone conference calls. Notices shall be sent to other interested parties.
(b) Executive or Closed Sessions.
(i) Before convening in executive session, the chairman shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded.
(ii) An executive session shall be held in compliance with the Wyoming Administrative Procedures Act and Open Meeting Act.
(c) Conduct.
(i) Meetings of the council are open to the general public.
(ii) The chairman and the executive director shall prepare the agenda. Any member of the council may request an item to be placed on the agenda. Agendas shall include those items requiring council approval including, but not limited to, the council's budget and financial statements, personnel action and contracts of the council.
(iii) Tentative agenda will be sent no fewer than five (5) days before each council meeting with support materials.
(iv) The council shall record votes in the following manner:
(A) If there is no dissent to a motion, the action shall be recorded as passed unanimously. A council member's dissenting or abstaining vote may be recorded by name at his/her request.
(d) Minutes.
(i) The executive director shall serve as secretary of the board but may appoint a recording secretary to record the proceedings of the meetings. Minutes become official after approval by the board and shall be retained as a permanent record of the council. Minutes shall show:
(A) The date, time and place of the meeting.
(B) The presiding officer.
(C) Members and guests in attendance.
(D) Items discussed and disposition taken during the meeting.
(E) Action taken to recess to executive session with purpose and time stated.
(F) Time of adjournment.
(G) Unofficial minutes shall be delivered to board members in advance of the next regularly scheduled meeting of the council and shall also be available to other interested parties. Minutes need not be read publicly, provided that board members have had an opportunity to review them before adoption.
(H) A file of permanent minutes of all council meetings will be maintained in the office of the council to be made available for inspection upon the request of any interested parties.
(a) The chairman and vice-chairman shall be elected at the annual July meeting and shall take office at the next regular meeting. The chairman shall not succeed himself more than once.
(b) All council members and employees acting within the scope of their authority are covered for liability under W.S. 1-39-101 et seq. or voting on the pertinent matter.
(c) The chairman, during his term of office, is responsible for interpretation of council policy and general supervision of staff administration. The chairman or his designee will preside over meetings of the board and may attend meetings of other producer organizations in his official capacity. The chairman's duties may include, but are not limited to:
(i) Suggesting agenda items for each meeting,
(ii) Representing the council before other groups, (iii) Communicating to the council members, and (iv) Conferring with the executive director regarding council matters on a regular basis.
(v) When significant new issues arise, the chairman shall, whenever practical, consult with the other council members and the executive director before speaking for the council.
(d) The vice chairman, during his/her term of office, may be called upon by the chairman to serve in the chairman's absence, fulfilling the duties of the higher office as delegated by the chairman.
(e) Duties of Council Members. Members of the council shall have authority only when acting as a body legally in session or when directed by the council. A member's duties and obligations are to:
(i) Become familiar with the general objectives of the council, and with the policies of the council;
(ii) Vote and act impartially and for the good of the council;
(A) If a conflict of interest arises, the party with the conflict shall refrain from participating in the discussion or voting on the matter.
(iii) Identify and represent the concerns and points of view of the beef industry people that they represent and communicate information about the council to them;
(iv) Support council policies though one may personally disagree at the time of their formulation;
(v) Work harmoniously with the other members of the council, neither dominating nor neglecting one's share of the responsibilities;
(vi) Discuss complaints and concerns with the executive director and other council members.
(vii) Represent the council at the direction of the council or the chairman at meetings of other organizations.
(A) Each council member shall attend at least one Beef Industry Council (BIC) meeting annually.
(B) As determined by a vote of the council, each council member may attend other national meetings, i.e., BIC and Meat Export Federation (MEF) as necessary to carry out their responsibilities as council members.
(viii) Any appointment to a board, commission, association or organization which arises due to the contribution of funds or dues under Beef Council control shall be made upon receipt of letters of nomination from persons actively involved in the livestock industry or producer organization. Interested persons may nominate themselves.
(A) No more than two representatives shall be appointed to the U.S. Meat Export Federation and the Beef Industry Council. Representatives must be actively involved in Wyoming's beef industry. The terms of appointment will be for three years with reappointments unlimited for both the BIG and USMEF.
(i) Every effort shall be made to furnish accurate objective information to producers when requested.
(i) Every effort shall be made to furnish accurate objective information to appropriate state agencies when requested.
(ii) The executive director shall provide that the council's policies and positions are presented whenever issues arise that relate to those policies or positions.
(i) A major focus of the council is to develop and maintain a positive image for the beef industry and the beef products that are consumed by the public.
(ii) The executive director shall issue media releases when he/she considers such information to be of promotional benefit to the industry and of informative value to the industry.
(i) The executive director shall maintain relationships with the Department of Agriculture in matters dealing with general operating rules applicable to commodity commissions.
(i) Every effort shall be made to seek cooperation and communication with state-level agriculture-oriented organizations, which include the Wyoming Stock Growers Association, Wyoming's Cow-Belles, agricultural commodity councils/commissions, W.I.F.E., Wyoming Farm Bureau, Rocky Mountain Farmer's Union and other such organizations as deemed necessary.
(i) The council shall neither endorse nor oppose candidates for political office, either partisan or non-partisan.
No organization or individual may use the commission's mailing list for any commercial purpose.
(a) Fiscal Year. The fiscal year shall be from July 1 through June 30.
(b) Assessments.
(i) The council has the authority to collect an assessment of one dollar ($1.00) per head on all Wyoming cattle sold in this state or elsewhere to be paid by the seller at the time of sale.
(ii) The council may bring civil action to collect assessments that are due and payable to the council.
(c) Receipt of Funds. Wyoming Beef Council receipts are deposited with the State Treasurer by the Wyoming Livestock Board. The Wyoming Stock Growers Association's brand inspectors collect the assessment on cattle and calves under the same authority and at the same time, place and manner as brand inspections are made. The Wyoming Stock Growers Association acts as a contractor with the Wyoming Livestock Board in the collecting of this assessment.
(a) The executive director may purchase or provide necessary capital equipment, supplies and services for the council to a maximum of $500 per purchase. Capital purchases in excess of that amount are subject to the approval of the council.
(b) Monthly Financial Statements.
(i) The executive director shall supply each member of the council with monthly council financial statements. The statements shall be mailed monthly.
(ii) All fiscal records of the council will be accounted for within the State of Wyoming Accounting Procedures.
(c) Property Records.
(i) Inventory records shall be maintained on physical property under control of the Purchasing agent of the Wyoming Department of Agriculture. Acquisitions and property that is disposed of as 'surplus property' shall be recorded on the Wyoming Department of Agriculture's perpetual inventory records.
(f) Leased Facilities.
(i) The council shall establish a headquarters for the conduct of operations.
(a) The Wyoming Beef Council may assist in the funding of research projects that will significantly contribute to regaining and sustaining profitability in the industry.