BYLAWS OF 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
SECTION 2: The mailing address shall
216 East Lincoln Avenue
Lincoln, Kansas 67455
SECTION 3: The telephone number shall
SECTION 4: Subcommittees will be, but
are not limited to, the following:
. Chemical Issues
. Volunteer Issues
. Public Health Issues
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 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: 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 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:
state, and local officials
and medical facilities/agencies
businesses and industry
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
SECTION 4: Application for membership
may be made at any time upon approval by the LEPC, the name of the individual,
making application shall be submitted to the Lincoln County Commissioners and
the Commission on Emergency Planning and Response (CEPR), respectively, for
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 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. BYI.AWS OF
LINCOLN COUNTY LOCAL EMERGENCY PI.ANNING COMMITTEE
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
SECTION 5: At regular meetings of the
LEPC, the following shall be the order of business:
Approval of minutes
of previous meeting
Reports from subcommittees
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 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.