THE BY-LAWS
OF THE
GUILFORD COUNTY
LOCAL EMERGENCY PLANNING COMMITTEE
Name
This
organization shall be known as the Guilford County Local Emergency Planning
Committee (LEPC), hereinafter know as the “LEPC”.
ARTICLE
II
Purposes
The duties and responsibilities of the LEPC shall be to implement the “Emergency Planning and Community Right-To-Know Act of 1986” (EPCRA) and implementing laws and regulations. These duties and responsibilities shall include the requirement to:
1)
Establish rules by which to function and procedures for receiving and
processing requests from the public for information;
2)
Oversee the development of an emergency plan in accordance with section
303 of EPCRA, including a chemical hazard/risk analysis, emergency response
procedures for off-site emergency response personnel, and identification of
private/public sector resources available to respond to hazardous materials
emergencies in Guilford County.
3)
In conjunction with emergency response agencies, review annually and
update as necessary the emergency plan, or more frequently as changed
circumstances in the community or at any facility may require;
4)
Receive reports and other information from facilities subject to the
requirements of EPCRA;
5)
Provide public access to information and documents, subject to required
limitations, in accordance with EPCRA and established procedures of the LEPC;
6)
Publish, annually, a notice in local newspapers as required by Section
324 of EPCRA;
7)
Insure that a yearly exercise based on the existing emergency plan is
conducted and the plan is updated as necessary; and,
8)
Other lawful tasks and duties as assigned by appropriate authorities.
ARTICLE
III
Membership
Section I.
Appointment of Members
The
LEPC shall consist of members appointed by the North Carolina Emergency Response
Commission.
1)
The members of the LEPC must have the authority, commitment, and
resources to accomplish the mandated tasks outlined in Article II.
2)
The LEPC must possess a wide range of expertise relating to the
community, the industrial and transportation facilities, and the mechanics of
emergency response and emergency response planning.
3)
Basic committee appointment criteria as required by EPCRA and the North
Carolina Emergency Response Commission will be adhered to.
Nominations
to the LEPC shall be made from among industry, participating agencies,
citizens’ groups and individuals. All
nominations will be submitted to the LEPC Executive Board and the Guilford
County Board of Commissioners for review and approval prior to submission to the
North Carolina Emergency Response Commission for appointment.
Each
primary appointment shall be a specifically named person or one of the following
offices: Guilford County Sheriff,
Guilford County Emergency Management Director, Greensboro Fire Chief and High
Point Fire Chief. By written notice
to the Executive Board, any LEPC member may specifically name one alternate to
attend meetings in the absence of the primary member.
Alternate members may vote on matters at any regular or special meeting
of the LEPC only when they are representing the primary member who is unable to
attend such meeting.
Section
II. Attendance
Members
shall remain in good standing unless they miss three consecutive LEPC meetings
without notification to the LEPC chair or the staff office regarding the reasons
for the absence. After three
consecutive unexcused absences, the member’s position shall be considered
vacant.
Section
III. Removal
of Members
All members of the LEPC shall serve at the pleasure
of the Guilford County Board of Commissioners and the North Carolina Emergency
Response Commission.
Section
IV. Vacancies
Vacancies in membership of the LEPC shall be filled
by the North Carolina Emergency Response Commission in accordance with Section I
of this Article, as deemed necessary by the Executive Board.
Section
I. Election
of Officers
The Chair, Vice-Chair, Secretary and Treasurer of the LEPC shall be elected from among the membership of the LEPC for a period of 2 years, and shall serve at the pleasure of the LEPC. The Treasurer shall be a voting member in good standing who is an Industry representative.
Section
II. Executive
Board
The
Board shall be composed of the officers of the LEPC and the chairs of the
standing committees. Those elected
officials who are members of the LEPC shall serve as ex-officio, non-voting
members of the Board.
The
LEPC members who serve on the Executive Board shall have the authority to vote
on: (1) routine matters not
otherwise requiring a vote of the full LEPC (see Articles VII, VIII and IX of
these By-Laws) and (2) items of an emergency nature when sufficient time is not
available to call a special meeting of the LEPC, provided that all votes of the
Executive Board shall be recorded in the minutes of its meetings and reported at
the next meeting of the LEPC.
Section
III. Standing
Committees
The standing committees shall be Industry Forum;
Outreach and Education Committee; By-Laws Review Committee; Program Committee;
Regulatory Review and Advisory Committee; Web Page Committee;
and Training, Equipment and Resources Group.
Each standing committee shall elect a chairperson from among its
membership who shall serve at the pleasure of the committee.
Section
IV. Vacancies
A
vacancy in any office because of death, resignation, removal, disqualification,
or otherwise, may be filled by the LEPC by majority vote for the unexpired
portion of the term.
ARTICLE
V
Duties of the Officers
Section
I. Duties
of the Chair
The
LEPC Chair shall preside at all meetings of the LEPC, preserve order during its
meetings, prepare the meeting agenda, serve as the official spokesperson and
coordinator for information, appoint the membership of the standing committees,
and sign all minutes, and such records, vouchers, or other documents connected
with the work of the LEPC as may be required.
The Chair may appoint additional committees or special study groups as
appropriate to fulfill the purposes of the LEPC.
Section
II. Duties
of the Vice-Chair, Secretary and Treasurer
The duties of the Vice-Chair, Secretary and Treasurer shall be as assigned by the Chair of the LEPC. The Vice-Chair will be responsible for arranging for the meeting place and recording the attendance at each meeting. The Vice-Chair shall preside at meetings of the LEPC in the absence of the Chair. The Secretary will be responsible for providing a draft of the minutes to the Chair within one week following each meeting. The Treasurer is responsible for maintaining the financial accounts of all LEPC activities and committees and for reporting on the status of each account at each LEPC meeting.
ARTICLE
VI
Meetings
Section
I. Regular
Meetings
The
LEPC shall meet at least quarterly for the conduct of its regular business.
Section
II. Special
Meetings
The LEPC chair may call such special meetings as may be deemed necessary to carry out the duties of the committee. Upon the written request of at least four members, the chair shall call a meeting within 10 days.
Section
III. Public
Forum
The
LEPC may hold public forums, as it deems necessary and desirable, at such times
and places as may be determined by a majority vote of the LEPC at regular or
special meetings. There will be at
least one public forum, annually, for which the general public will be invited
to discuss the emergency plan and other documents prepared by or submitted to
the LEPC. All comments presented by
the public during such a forum shall be considered and a response to the
individual comments will be prepared at a subsequent meeting of the LEPC and
made available to the public upon request.
Section
IV. Agenda
Requests for items to be placed on the agenda may be made by any member or citizen to the LEPC chair and shall be submitted at least two weeks prior to a regularly scheduled meeting.
Section
V. Notice
of LEPC Meetings
Regular
Meetings. A written notice of the time, place, and
agenda items to be considered at each meeting of
the LEPC shall be sent to all LEPC members,
the Clerk of the Guilford County Board of Commissioners and the North
Carolina Emergency Response Commission at least one week prior to such meeting.
A current copy of the schedule of the time and place of regular meetings
will be submitted to the Secretary of State in accordance with GS 143-318.12.
Special
Meetings. Notice of special meetings and intended
agenda items shall be given to all LEPC members, the Clerk of the Guilford
County Board of Commissioners, the North Carolina Emergency Response Commission
and the Secretary of State in writing or by phone at least seven days in advance
of any special meetings.
Section
VI. Quorum
A quorum shall consist of a simple majority of the total number of LEPC members existing on the roll of primary membership at the time that any regular or special meeting is held. A quorum shall be required to transact business at any meeting of the LEPC.
Voting
Section
I. One
Vote Each
Each LEPC member shall be
entitled to one vote. If two or more
LEPC members are employed by the same company or agency, collectively they will
be entitled to one vote.
Section
II. Abstentions
Members
may register their abstention on any vote, which shall be reflected in the
minutes.
Section
III. Determination
of Action
All final actions, LEPC positions, or policy recommendations shall require the favorable vote of a majority of members present at a duly called meeting at which a quorum is present.
Reports and Recommendations
Section
I. Annual
Report
Annually, the LEPC shall make a report describing its activities for the preceding fiscal year to the North Carolina Emergency Response Commission, the Chairman of the Guilford County Board of Commissioners and the Mayor of each city/town within Guilford County.
Section
II. Review
of Draft Reports
A
draft of any proposed annual report shall be presented to all members of the
LEPC by the chair at least two weeks prior to any meeting at which it will be
considered for approval by the LEPC.
Section
III. Issuance
of Reports
No
reports of any kind shall be released in the name of the LEPC unless and until
they have been duly adopted by a favorable vote of a majority of the members of
the LEPC, or in the case of correspondence, approved by the chair.
Section
IV. Resolutions
The
LEPC may recommend and/or endorse proposed Ordinances, equipment acquisitions,
budgets and similar matters dealing with the ability of the LEPC or its member
agencies effectively to perform the functions assigned to them by federal or
state legislation and/or regulations, or by the approved emergency response
plan.
Section
V. Emergency
Plan
The
LEPC shall review and approve, in accordance with Section 303 of EPCRA, an
emergency plan for Guilford County. Once
adopted by the LEPC, copies of the plan will be distributed to other agencies
pursuant to the distribution portion of the plan.
Copies of the plan will be maintained for review by the general public.
ARTICLE
IX
Amendments
These by-laws may be amended or replaced upon the affirmative vote of a majority of the members of the LEPC in attendance at any regular or special meeting of the LEPC at which a quorum is present, provided that any proposed changes have been circulated to all members at least 30 days prior to any action thereupon.
ARTICLE
X
The
deliberations of all meetings of the LEPC and its various committees shall be
governed by Robert’s Rules of Order,
Newly Revised.
ARTICLE
XI
Ratification Provision
The
by-laws were duly adopted by a majority of the members of the LEPC the 3rd day
of September, 1992, in High Point, North Carolina; and were duly amended on the
dates listed below.
May 12, 1994; January 12, 1995; December 15, 1997; September 9, 1998; August 10, 2000; March 11, 2004.