BYLAWS FOR THE LOCAL EMERGENCY PLANNING COMMITTEE FOR KEARNY COUNTY
WHEREAS, the Superfund Amendments and Reauthorization Act of 1987 (SARA) was enacted by Congress into law on October 17, 1986, and contains Title III: The Emergency Planning and Community Right-to-Know Act of 1986.
WHEREAS, Title III establishes requirements that federal, state and local governments and industry must implement regarding emergency planning and governments and industry must implement regarding emergency planning and community right-to know reporting of hazardous and toxic chemicals.
WHEREAS, pursuant to Title III, the state commission designated Kearny County a local emergency planning district and has appointed a local emergency planning committee for Kearny County, composed of elected officials, police, fire, first aid, civil defense, public health professionals, and environmental, subject to the emergency committee has been named the Emergency Planning Committee for Kearny County (the Committee).
WHEREAS, the task of the Emergency Planning Committee for Kearny County is to establish rules, give public notice of its activities, establish procedures for handling public requests for information and develop an emergency response plan. This plan includes:
(1) Identification of facilities subject to the Title III requirements that are within the emergency planning district; identification of routes likely to be used for the transportation of substances on the list of extremely hazardous substances; and identification of additional facilities contributing or subjected to additional risk due to their proximity of facilities, such as hospitals or natural gas facilities.
(2) Methods and procedures to be followed by facility owners and operators and local emergency and medical personnel to respond to any releases of such substances.
(3) Designation of a community emergency coordinator and facility emergency coordinators, who shall make determinations necessary to implement the plan.
(4) Procedures providing reliable, effective, and timely notification by the facility emergency coordinators and the community emergency coordinator to persons designated in the emergency plan, and to the public, that a release has occurred.
(5) Methods for determining the occurrence of a release, and the area or population likely to be affected by such a release.
(6) A description of emergency equipment and facilities in the community and at each facility in the community subject to Title III requirements and identification of the persons responsible for such equipment and facilities.
(7) Evacuation plans, including provisions for a pre-cautionary evacuation and alternative traffic routes.
(8) Training programs, including schedules for training of local emergency response and medical personnel.
(9) Methods and schedules for exercising the emergency plan.
WHEREAS, to meet these goals the Emergency Planning Committee for Kearny County has adopted the following bylaws:
ARTICLE I – ORGANIZATION
Section 1. Name of Committee.
The name of the Committee shall be the “Local Emergency Planning Committee for Kearny County.”
Section 2. Status of Committee.
The committee shall operate as a governmental entity pursuant to and in strict accordance with all applicable laws, regulations, guidelines and ordinances.
Section 3. Mailing Address and Telephone Number.
The official mailing address and telephone number of the Committee shall be:
Emergency Preparedness Office
P.O. Box P
106 E. Washington
Lakin, Kansas 67860
911 (Emergency Reporting)
Section 4. Monies and Appropriations.
The Committee may receive and disburse public and private funds for the purpose of implementing Emergency Planning and Community Right-to-Know Act of 1986 in Kearny County, Kansas. Such funds when received will be disbursed at the discretion of the majority of the Committee and with the approval of receiving such funds by the County Commissioners.
All disbursements will require prior authorization by the Chairperson and approval by the County Commissioners.
Certain financial reports will be made to the Committee as required by law or required by the Committee or the Committee Chairperson.
Section 5. Fees.
Reasonable fees may be collected for information provided or services rendered by the Committee. The fees collected shall be as established or recommended by local, state or federal law, regulation, guideline or ordinance. In the absence of a recommended or required fee, the fee shall be determined by the Chairperson based on the cost for providing the information or service.
Section 6. Minutes of Committee Meetings.
Accurate minutes of all of the meetings of the Committee shall be kept in a journal of the Committee, which shall be maintained for such purpose. Accurate minutes shall include, but not be limited to, a record of all votes of the Committee, a record of attendance at meetings and a summary of Committee discussions. A short summary of the minutes of each meeting shall be mailed to each Committee member subsequent to each Committee meeting.
Section 7. Agenda for Committee Meetings.
An agenda of each Committee meeting shall be mailed or delivered to each Committee member prior to each Committee meeting, unless a majority of the quorum of Committee members present at a meeting vote to eliminate this requirement. The agenda for the next meeting may be mailed or delivered to each Committee member at the same time as the short summary of the last meeting. This requirement can be eliminated in the same manner as the requirement that an agenda be mailed to each Committee member prior to each meeting. However, an agenda for each meeting shall always be mailed or delivered to each person or entity whose name and address are found on the list of those to whom notice is required. The list to whom notice is required shall be provided to the Committee and updated as needed by the Vice-Chairperson.
ARTICLE II – OFFICERS
Section 1. Officers
The officers of the Committee shall be a Chairperson and Vice-Chairperson.
Section 2. Chairperson
The Chairperson shall preside at all meetings of the Committee, be responsible for preserving order and decorum, and submit recommendations and information as he or she may consider proper concerning the business, affairs and policies of the Committee. Except as otherwise authorized by these bylaws or by resolution of the Committee, the Chairperson shall sign, or delegate the authority to sign to the Vice-Chairperson, all official documents of the Committee. The Chairperson shall establish, or authorize the Committee. The Chairperson shall also insure that an agenda of each Committee meeting is mailed or delivered as provided by Article I – Section 7.
Section 3. Vice-Chairperson.
The Vice-Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. In case of the resignation or death of the Chairperson, the Vice-Chairperson shall perform such duties as are imposed on the Chairperson until such time as the Committee shall elect a new Chairperson. The Vice-Chairperson shall have the authority to sign official documents of the Committee or establish fees to be collected by the Committee pursuant to authority delegated by the Chairperson. The Vice-Chairperson shall insure that any information gathered by the Committee or submitted pursuant to requirements established by the Committee is stored at the Office of Civil Defense, at the address provided in Article I – Section 3. The Vice-Chairperson shall insure that accurate minutes of the meetings of the Committee are kept and distributed in the manner prescribed by Article I – Section 6.
Section 4. Additional Duties.
The officers of the Committee shall perform such other duties and functions as may from time to time be required by the Committee or by the laws, bylaws or rules and regulations governing the Committee.
Section 5. Election.
The officers shall be elected once each year at the Annual Meeting from among the members of the Committee and shall hold office from the annual meeting at which they are elected to the next annual meeting, or until their successors are elected and qualified. The officers may be reelected and serve for successive terms.
Section 6. Vacancies.
Should the office of Chairperson or Vice-Chairperson become vacant, the Committee shall elect a successor from its membership at the next meeting and such election shall be for the unexpired term of said office.
Section 7. Additional Personnel.
Should funds ever be appropriated to the Committee for this purpose or for the general use of the Committee, the Committee may employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by federal, state and local laws, rules, regulations or guidelines. The selection and compensation of such personnel shall be determined by the Committee subject to the applicable laws.
ARTICLE III – MEETINGS
Section 1. Annual Meeting.
The annual meeting of the Commission shall be the first meeting held after October 1, of each year at time and location designated in the “Notice of Annual Meeting” mailed or delivered to each Committee member at least seven (7) days before such meeting. Election of officers, renomination and nomination shall take place at the annual meeting, and shall occur in the following order:
Those who may vote and run for office are those persons who have been nominated and renominated.
Section 2. Regular Meetings.
Regular meetings of the Committee shall be subject to the call of the Chairperson. At least seven (7) days notice of the meeting shall be provided to all Committee members by mailing or delivering a written notice to the address provided by the member to the Committee. The written notice of the regular meeting may be mailed or delivered with the agenda for the meeting. The news media shall be informed of meeting dates, times and places.
Section 3. Special Meetings.
The Chairperson of the Committee may, when it is deemed expedient, and shall, upon the written request of at least two (2) members of the Committee, call a meeting of the Committee for the purpose of transacting any business of the Committee. The purpose of the meeting shall be set for the in the call of the meeting and the call may be mailed or delivered to each Committee member an the news media at the address provided to the Committee at least two (2) days prior to such meeting. At the special meeting no business shall be considered other than as designated in the call; however, if all of the members of the Committee are present at a special meeting, any item of business may be transacted if the members of the Committee vote unanimously to transact said business.
Section 4. Frequency of Regular and Special Meetings.
There shall be at least one (1) regular or special meeting per year. This requirement may be fulfilled by the annual meeting.
Section 5. Quorum.
The powers of the Committee shall be vested in the Committee. Thirty percent (30%) of the total membership of the Committee shall constitute a quorum for the purpose of opening a meeting. At a meeting, action may be taken pursuant to an affirmative vote for a majority of all those present, unless a majority of those present is less than the number required for a quorum. If a majority of those present is less than the number required for a quorum, then action may be taken upon an affirmative vote of the number required for a quorum.
Section 6. Order of Business.
At meetings of the Committee the following shall be the order of business:
2. Call to order
3. Reading and approval of minutes from previous meeting
5. Reports of subcommittees
6. Presentations by members of the public
7. Unfinished business
8. New business
Section 7. Manner of Voting.
The voting on all questions coming before the Committee shall be by yea or nay, or a show of hands, unless action is taken for a roll call vote on a particular matter. If a roll call vote is approved, the yeas and nays shall be recorded in the minutes of such meeting.
Section 8. Manner of Conducting Meetings.
No standard rules of procedure shall be required unless adopted by a unanimous vote of a quorum of the Committee members. The meetings shall be conducted with order of decorum. The Committee shall follow the procedure determined appropriate by the Chairperson of the Committee, which may include the following:
1. No person shall speak unless first recognized by the Chairperson.
2. Debate on a matter shall be closed by a motion and second to bring the matter to a vote.
3. Any member of the Committee may make or second a motion.
Section 9. Participation by Members of the Public.
Members of the public are encouraged to attend all regular, special and annual meetings of the Committee. An opportunity will be provided at each meeting for members of the public to address the Committee on matters relating to local emergency preparedness. A member of the public who desires to address the Committee may mail a written notice of intent to appear to the Chairperson at the address found in Article I – Section 3 and then sign in with the Vice-Chairperson at the time and place of the meeting before the meeting begins. Members of the public who appear at the meeting and wish to address the Committee will be allowed to do so without a prior written notice of intent to appear; however, they will be required to wait until after any members of the public who have provided written notice of intent to appear have spoken. Members of the public are also encouraged to provide written opinions and information to the Committee by mailing written material to the Chairperson at the address found in Article I – Section 3. Members of the public include, but are not limited to, citizens, industry representatives, experts, expert witnesses and governmental entity representatives.
ARTICLE IV – MEMBERSHIP
Section 1. Members.
The members of the Committee shall consist of elected officials, police, fire, first-aid, civil defense, public health professionals, environmental, hospital, and transportation officials, as well as representatives of facilities located in Kearny County that will be subject to the emergency planning requirements composed and adopted by the Committee, community groups and the media. A list of all members will be submitted to the State Emergency Response Commission.
Section 2. Term of Membership.
All members shall serve for the term which extends from the annual meeting at which they are nominated or renominated until the next annual meeting.
Section 3. Attendance at Meetings.
All members of the Committee are required to attend at least fifty percent (50%) of all meetings of the Committee in any twelve (12) consecutive months, except for excused absences, that member shall be subject to expulsion from the Committee.
Section 4. Expulsion.
If, at any time, according to the attendance records located in the Journal of the Committee, a member has not attended at least fifty percent (50%) of all meetings of the Committee in any twelve (12) consecutive months, except for excused absences, that member shall be subject to expulsion from the Committee.
Section 5. Substitute Representatives.
If a Committee member will be unable to attend a Committee meeting, a substitute representative may attend for that member. The substitute representative may take part in discussions of the Committee on behalf of the absent Committee member but shall not be allowed to move, second or vote on any matters before the Committee. Further, the substitute representative’s attendance shall not be counted as a present member when it is determined whether a quorum is in attendance of as attendance for the member of the Committee for whom the representative is attending.
Section 6. Filling Vacancies and Adding New Members.
Should vacancies occur on the Committee, they may be filled by persons recommended to the Kearny County Commissioners by the Committee and appointed by the Kearny County Commission. Vacancies which occur on the Committee do not have to be filled unless, because of the vacancy, the Committee will no longer meet any relevant local, state or federal requirements. Should it be deemed necessary to add new members to the Committee, the procedure shall be the same as for filling vacancies.
Section 7. Number of Members: Yearly, Renomination and Reappointment.
The Committee shall consist of at least 20 members. During October of each year, all members of the Committee shall be renominated and reappointed, or new members shall be nominated or appointed if the number of members has fallen below 20 during the previous year.
ARTICLE V – SUBCOMMITTEES
Section 1. Appointment of Subcommittees.
The Chairperson may from time to time appoint subcommittees composed of members of the committee to study and report on matters relevant to the Committee.
ARTICLE VI – AMENDMENTS
Section 1. Amendments to Bylaws.
The bylaws of the Committee may be amended by an affirmative vote of fifty-one percent (51%) of the total membership of the Committee. No vote shall be taken to amend the bylaws until the proposed amendment has been reduced to writing and read at the meeting at which time the proposed amendment is voted upon.
Section 2. Filing of Bylaws and Amendments to Bylaws.
A copy of the bylaws and any amendments to the bylaws shall be provided to: The Board of County Commissioners of Kearny County, the Lakin City, Lakin, City Clerk, the Deerfield City, Deerfield Clerk, the State Emergency Response Commission; and any person who requests a copy or copies.
ADOPTED BY THE EMERGENCY PLANNING COMMITTEE FOR KEARNY COUNTY, THIS DAY OF , .
*Some of the information contained in the introductory clauses of these bylaws was obtained from Title III Fact Sheet, Emergency Planning and Community Right-to-Know.