Bylaws of the Lincoln County Local Emergency Planning Committee

ARTICLE I. MISSION

SECTION 1: The mission of the LEPC shall be to fulfill the requirements of the Superfund Amendments and Reauthorization Act of 1986, commonly known as SARA Title III, and to fulfill the requirement for county departments or planning partners that must maintain an emergency preparedness planning committee.

ARTICLE II - ORGANIZATION

SECTION 1: The official name of the committee shall be: Lincoln County Emergency Planning Committee

SECTION 2: The mailing address shall be: 216 East Lincoln Avenue, Lincoln, Kansas 67455

SECTION 3: The telephone number shall be: 785-524-4479; Fax 785-524-4108

SECTION 4: Subcommittees will be, but are not limited to, the following:

• Chemical Issues
• Volunteer Issues
• Public Health Issues
• Communication Issues
• Training

SECTION 5: Accurate minutes of all meetings of the LEPC shall be kept in a journal of the LEPC, which shall be maintained for such purpose. Accurate minutes shall include, but are not limited to, a record of all votes of the LEPC, a record of attendance at meetings, and a summary of LEPC discussions.

ARTICLE III. OFFICERS

SECTION 1: The Officers of the LEPC shall be a chairperson (hereafter referred to as Chair), a Vice Chairperson (hereafter referred to as Vice Chair), and a Secretary

SECTION 2: The Chair shall preside at all meetings of the LEPC and shall be responsible for preserving order and decorum. Except as otherwise authorized by the bylaws or by resolution of the LEPC, the Chair shall sign or delegate the Vice-Chair the authority to sign all official documents of the LEPC.

SECTION 3: The Vice-chair shall perform the duties of the chair in the absence or incapacitation of the Chair. In case of the resignation or death of the Chair, the Vice Chair shall perform such duties as are imposed on the Chair until such time as the LEPC shall elect a new Chair. The Vice-Chair shall ensure that any information gathered by the LEPC or submitted pursuant to requirements established by law or by the LEPC is stored at the office of the LEPC at the address provided in Article II, Section 2.

SECTION 4: The Secretary shall be the recorder and shall maintain the Journal of the LEPC unless otherwise specified by the Chair. The Secretary shall ensure that accurate minutes of the meetings of the LEPC are kept and distributed in the manner described by Article II, Section 5.

SECTION 5: The Chair, Vice Chair, and Secretary shall be elected from the appointed membership at the last meeting of the fiscal year. A representative of the LEPC, agreed upon by a majority of the appointed membership, shall report to the Lincoln County Commissioners at the first commissioner meeting following the elections and present the names of the newly elected officials for an appointment.

Duties will be assumed January 1, following, and continue for one (1) year.

ARTICLE IV - MEMBERSHIP

SECTION 1: Members shall be appointed to maintain group or organizational representation as listed in Section 301(c) of the Title III Superfund Amendments and Reauthorization Act (SARA). Those groups or organizations shall include, but are not limited to:

• Federal, state, and local officials
• Fire Departments
• Law Enforcement
• Health and medical facilities/agencies
• Emergency Management
• News media
• Local businesses and industry
• Facilities with reportable quantities if extremely hazardous materials

SECTION 2: To remain an appointed member of the LEPC, each member shall participate in LEPC activities. Any member not attending a meeting within a 12-month period will be removed from the appointed member list. Elected officers of the LEPC who fail to attend at least fifty percent (50 %) of LEPC meetings will be replaced at the next annual election held during the last meeting of each fiscal year.

SECTION 3: The Lincoln County Emergency Manager shall serve as the Coordinator of Information as listed in Section 301(c) of the Title III of the Superfund Amendments and Reauthorization Act (SARA).

SECTION 4: Application for membership may be made at any time upon approval by the LEPC, the name of the individual making the application shall be submitted to the Lincoln County Commissioners and the Commission on Emergency Planning and Response (CEPR), respectively, for an appointment.

SECTION 5: Upon appointment to the LEPC, members may be assigned to one of the subcommittees (see Article II, Section 4). The assignment will be made according to that member's affiliation.

SECTION 6: Assignment to a subcommittee (see Article II, Section 4) and other subcommittee duties (see Article V, Section 3) will be the responsibility of the Chair.

SECTION 7: Each voting member may designate one (1) alternate who will be eligible for all the rights and privileges of the voting member during the absence of the official voting member. Written notification, including the name and credentials of the alternate, must be made to the Secretary of the LEPC for approval by the Chair. Notification may be made up to fifteen (15) minutes prior to the beginning of the meeting.

SECTION 8: A membership list shall be submitted annually and as changes occur to the Lincoln County Commissioners and CERP as a matter of record. The membership list shall indicate voting members and the elected officers of the LEPC for the current LEPC fiscal year.

SECTION 9: Should there be more than one (1) person nominated for each elected position, the method of election shall be by closed ballot. The person receiving the majority of votes from the voting members present shall be duly elected.

SECTION 10: Members can withdraw from participation in the LEPC whenever they wish. Notification of withdrawal should be made to the Chair.

SECTION 11: Should a vacancy occur on the LEPC, it may be filled by a person recommended for appointment by the Lincoln County Commissioners and CEPR. If the vacancy is a position held by a representative of a facility/organization mandated by SARA Title III, an alternate representative should be identified immediately and presented to the Lincoln County Commissioners and CEPR for appointment to the LEPC. Should it be deemed necessary to add new members to the LEPC, the procedure shall be the same as for filling vacancies.

ARTICLE V - MEETINGS

SECTION 1: Regular meetings of the LEPC shall be, at a minimum, four (4) times a year.

SECTION 2: All regular or special meetings shall be held at a pre-designated place and time. All members will be notified of such meetings at least seven (7) days in advance. 

SECTION 3: Subcommittees (see Article II, Section 4) may meet at a time and place of their choosing without notification to the LEPC as a whole.

SECTION 4: A simple majority of the appointed membership shall constitute a quorum for the purpose of opening a meeting.

SECTION 5: At regular meetings of the LEPC, the following shall be the order of business:

• Roll call
• Approval of minutes of the previous meeting
• Agency reports
• Reports from subcommittees
• Unfinished (old) business
• New business
• Public forum
• Adjournment

ARTICLE VI - SUBCOMMITTEES

SECTION 1: The Chair shall appoint other subcommittees as deemed necessary to fulfill the requirements listed in SARA Title III.

ARTICLE VII - AMENDMENTS 

SECTION 1: Should it become necessary to amend these bylaws, the following procedure shall be used. The membership will be notified at least fifteen (15) days in advance of any proposed changes and of the time and place voting on such changes will take place, It shall require an affirmative vote of a simple majority of those voting members present and voting to declare the amendment passed. Unless otherwise stated in a proposed change, the amendment shall take effect immediately following the vote.

ARTICLE VIII - VOTING 

SECTION 1: Any business coming before the LEPC that should require a vote shall be decided by a simple majority of those voting members present and voting; and shall be by yea or nay, or a show of hands, unless action is taken for a roll call on a particular matter. If a roll call vote is approved, the yeas and nays shall be recorded in the minutes of the meeting.

 ADOPTED BY THE LINCOLN COUNTY LOCAL EMERGENCY PLANNING COMMITTEE LINCOLN COUNTY KANSAS THIS 27th DAY OF APRIL, 2015.