BOOTHEEL LOCAL EMERGENCY PLANNING COMMITTEE/DISTRICT
BYLAWS
ARTICLE I - SCOPE
Section 1. NAME OF THE COMMITTEE: The name of the committee shall be the “Bootheel Local Emergency Planning Committee” (BLEPC/D).
Section 2. STATUS OF COMMITTEE: The BLEPC is directly responsible to the Dunklin, Mississippi, New Madrid, Pemiscot, Scott, Butler, Ripley and Stoddard County Commissioners. The BLEPC/D shall operate in strict accordance with all applicable laws, regulations, guidelines and ordinances as directed by MERC.
Section 3. MAILING ADDRESS AND TELEPHONE NUMBER: The official mailing address and telephone number of the BLEPC for the planning effort shall be:
Bootheel Local Emergency Planning Committee
P.O Box 47
Bloomfield, Missouri 63825
Telephone: 573-624-4104
Spill Emergency Phone: 1-800-609-1559
ARTICLE II - MEMBERSHIP
Section 1. MEMBERS: As required by the Superfund Amendments and Reauthorization Act of 1986, (SARA) under the Title III, also known as the Emergency Planning and Community Right-to-Know Act (EPCRA), the members of the BLEPC/D shall consist of at least (2) - (6) representatives of the following group and six (6) at large.
(a) Elected State and Local Officials
(b) Law Enforcement
(c) Emergency Management
(d) Fire Service
(e) Emergency Medical
(f) Health
(g) Local Environmentalists
(h) Hospital
(i) Transportation
(j) Media
(k) Community Action
(l) Owner and Operators of Facilities Subject to the Requirements of Title III
(m) Associate members (EPA, MODNR, MERC, Contractors, etc.)
All members must be approved/appointed by the BLEPC/D and approved by the Missouri Emergency Response Commission.
Section 2. TERM OF MEMBERSHIP: All members shall serve for a two (2) year term from the date of appointment by the Bootheel LEPC and the Missouri Emergency Response Commission and may be reappointed for successive terms. Polling of the membership concerning tenure and review of appointments shall take place during the Annual Meeting. A list of the membership shall be sent to the MERC on an annual basis after the annual meeting and when needed.
Section. 3. ATTENDANCE AT MEETINGS: All members are required to attend at least twenty-five percent (25%) of all meetings of the BLEPC/D held in any twelve (12) month period unless excused for cause by the Chairperson. A Committee Member will be excused from a meeting for good cause and upon advance notification to the Chairperson or Vice Chairperson. The excused member may appoint representatives by written proxy to act in his/her capacity.
Section 4. FILLING VACANCIES AND ADDING NEW MEMBERS: Should vacancies occur in officer positions, they may be filled by persons recommended to the Bootheel LEPC for approval before being forwarded to the Missouri Emergency Response 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.
ARTICLE III - OFFICERS
Section 1. OFFICERS: The Officers of the BLEPC/D shall be the Past Chairperson, The Chairperson, 1st Vice-Chairperson, 2nd Vice-Chairperson, Secretary, Treasurer and Coordinator. Other positions can be elected and filled as necessary with a majority vote at two(2) consecutive meeting.
Section 2. PAST CHAIRPERSON: Will be available to assist the new Chairperson in the beginning of the new term. He/she will serve as an advisor to the Chairperson, Vice-Chairperson and serve on the Executive Committee.
Section 3. CHAIRPERSON: The Chairperson shall preside at all meetings of the BLEPC, 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 to the Committee, the Chairperson shall sign or delegate to the Vice-Chairman the authority to sign, all official documents of the committee. The Chairperson shall establish or authorize the Vice-Chairperson to establish, any fees to be collected by the Committee. The Chairperson shall also insure that an agenda of each Committee meeting is mailed or delivered as provided by Article V, Section 5. The Chairperson shall also serve as Chairperson of the Executive Committee.
Section 4. 1st VICE-CHAIRPERSON / 2nd VICE-CHAIRPERSON: The Vice-Chairperson(s) of the BLEPC shall perform the duties of 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 to 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 properly stored and maintained at the address provided in Article 1, Section 3. The Vice-Chairperson shall insure that accurate summaries of the meetings of the Committee are kept by the Secretary and distributed in the manner prescribed by Article V, Section 8. The Vice-Chairperson shall be a member of the Executive Committee.
Section 5. SECRETARY: The Secretary shall be responsible for and cause to be kept the minutes of the BLEPC meetings in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of this Agreement or as required by law; be custodian of the BLEPC/D records, shall cause to be kept a register of all members and the representative of each member & post office address; keep an inventory of all equipment owned by BLEPC/D & provide a current copy at each annual meeting. Perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned by the Chairman of the BLEPC/D. If the Secretary is contracted for services provided, the Secretary will not be a voting member of the BLEPC/D nor sit on the Executive Committee.
Section 5A. ABSENCE OF SECRETARY: Director appointed.
Section 6. TREASURER: The Treasurer shall be responsible for all funds and securities of the BLEPC/D; cause to be kept on file receipts for monies due and payable to the BLEPC/D from any source whatsoever; cause to be deposited all such monies in the name of the BLEPC/D in such banks, trust companies, or other depositories as shall be selected in accordance with the provisions of these bylaws, and approved by the Executive Committee. The Treasurer shall be bonded. Verify that all checks have dual signatures; and in general perform all duties assigned by the Chairman of the BLEPC/D.
Section 6A. ABSENCE OF TREASURER: Director appointed.
Section 7. ADDITIONAL DUTIES: The officers of the BLEPC/D 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 8. ELECTIONS: The officers shall be elected to serve for a period of two (2) years.
Section 9: VACANCIES: Should the office of Chairperson or Vice-Chairperson become vacant, the BLEPC shall elect a successor from the Committee membership for the unexpired term, within 90 days of the occurrence of the vacancy.
Section 10. ADDITIONAL APPOINTMENTS: Additional personnel appointments for the Subcommittee positions and any other positions that may occur and are necessary for the operation of the BLEPC tasks and approved by the membership shall be made by the Chairperson and approved by a majority of the members at a regular meeting of the Committee at which a quorum of the members are present. 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 and regulations and guidelines. The selection and compensation of such personnel shall be determined by the Committee subject to any applicable law.
ARTICLE IV - SUBCOMMITTEES
Section 1. APPOINTMENT OF SUBCOMMITTEES: The Chairman may from time to time appoint subcommittees composed of members of the BLEPC/D to study and report on matters relevant to the BLEPC/D.
ARTICLE V - MEETINGS
Section 1. ANNUAL MEETING: The annual meeting of the BLEPC/D shall be the first meeting held after July 1 of each year at a 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 and nominations shall take place at the annual meeting and shall occur in the following order:
1. Nomination
2. Election
Those who may vote and run for office are those persons who have been nominated from the BLEPC/D active membership.
Section 2. REGULAR MEETINGS: Regular meetings of the BLEPC/D shall be held at least quarterly and shall be scheduled by the Chairperson. At least seven (7) days notice of the meeting shall be provided to all Committee Members by
e-mail and website. The news media shall be informed of meeting dates, times and locations. All BLEPC are open to the public and will be conducted in accordance with Section 610.010 RSMO (Open Meeting Law).
Section 3. SPECIAL MEETINGS: The Chairperson of the Committee may, when it is deemed expedient, and shall, upon written request of at least two (2) members of the Committee call a special meeting of the Committee for the purpose of transacting any business of the Committee. The purpose of the meeting shall be set forth in the call of the meeting and the call of the meeting may be mailed or delivered to each Committee Member at least five (5) business days prior to such meeting. A special meeting may be called to review business days prior to such meeting. A special meeting may be called to review and discuss approval or revisions of the BLEPC/D Emergency Response Plan with specific times given during regular meetings for comments and response. A special meeting shall be held within thirty (30) days following a Level III incident in BLEPC, and the agenda shall include a review of said incident.
Section 4. PUBLIC PARTICIPATION: Public participation is encouraged during each meeting (annual / regular / special).
Section 5: FREQUENCY: A meeting shall be held at least quarterly(4x a year) and may be scheduled more frequently when needed. This requirement shall be deemed fulfilled by a regular, annual or special meeting.
Section 6. AGENDA FOR COMMITTEE MEETINGS: An agenda of each Committee Meeting shall be mailed or delivered to each Committee Meeting, unless a vote is taken in accordance with Article V, Section 9. The Agenda for the next meeting shall be mailed or delivered to each person or entity whose name and address are found on the mailing list of Committee Members to whom notice is required. The mailing list to whom notice is required shall be maintained for the Committee and updated as needed by the Vice-Chairperson.
Section 7. ORDER OF BUSINESS: BLEPC/D meetings shall conform to the following order of business.
1. Call meeting to order.
2. Approval of minutes of the previous meeting.
3. Treasurer’s Report.
4. Communications.
5. Report of Committee.
6. Reports of Subcommittees.
7. Presentations by member of the public.
8. Unfinished business.
9. New business.
10. Set place and time for regular meeting.
11. Adjourn.
Section 8. MANNER OF CONDUCTING MEETINGS: The Standard rules, Robert’s Rule of Order - Revised, are adopted by the BLEPC/D. The meetings shall be conducted with order and decorum. The BLECP/D can adopt by-laws to modify those rules.
Section 9: SUMMARIES OF SUB-COMMITTEE MEETINGS: Accurate summaries of all of the meetings of the Committee shall be taken and maintained by the Vice-Chairman. Accurate summaries shall include, but not be limited to, a record of all votes of the Committee, a record of attendance at Committee Meetings and a summary of Committee discussions.
Section 10. QUORUM: The Powers of the Bootheel Commissioners shall be vested in the BLEPC. Ten percent (10%) of the total membership of the Committee shall constitute a quorum for the purpose of opening a BLEPC/D Meeting. At a meeting, action may be taken pursuant to an affirmative vote of the majority of all those present. A majority of the BLEPC members present must vote affirmative for action to be taken.
Section 11. MANNER OF VOTING: The voting on all questions coming before the Committee shall be a “yea” or “nay” or by a show of hands, unless action is taken for a roll call vote on a particular matter. If a roll call is approved, the “yeas” and “nays” shall be recorded in the minutes of such meeting.
Section 12. PARTICIPATION BY MEMBER OF THE PUBLIC: Members of the public are encouraged to attend all Regular, Special and Annual Meetings at the BLEPC. An opportunity will be provided at each meeting for members of the public to address the Committee on matters related to local hazardous material or other 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 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 have spoken. Members of the public are also encouraged to provide written opinions and information to the Committee at the address found in Article I, Section 3. Members of the public include, but are not limited to; citizens, industry representatives, expert witnesses and government entity witnesses and government entity representatives.
ARTICLE VI - ADMINISTRATION
Section 1. ANNUAL BUDGET: An annual budget shall be adopted and approved by the Committee.
Section 2. MONIES AND APPROPRIATIONS: The BLEPC/D may receive and disburse public and private funds for the purpose of operating the BLEPC/D and Emergency Planning and Community Right-To-Know Act of 1986, and other local, state or federal legislation pertaining to emergency planning, in the plan service of Bootheel LEPC. Such monies shall be deposited in a BLEPC/D account and managed in accordance with standard procedures. All disbursements requiring authorization will be submitted by the Bootheel LEPC/D by category or specific item. Two signatures, as authorized, will be required on all checks. Periodic financial reports will be made to the BLEPC/D as required by law or requested by the Committee or Committee Chairperson. There shall be a third party audit each year on BLEPC/D books.
Section 3. EXPENDITURES: The Chairperson is authorized to spend up to $100.01. The Executive Committee is authorized to spend up to $1,000.00 in cases where board approval is not feasible. All expenditures over $4,500.00 must be bid.
Section 4. FEES: Reasonable fees may be collected for information provided or services rendered by the BLEPC/D. The fees collected shall be as established or recommended by local, state or federal law, regulation, guideline or ordinance.
Section 5. BLEPC/D PLANS: BLEPC/D Emergency Response Plans will be distributed as follows:
- One copy to the Missouri Department of Public Safety.
- One copy to each County Commission.
- One copy to the Missouri State Highway Patrol, Troop E, Poplar Bluff, Missouri.
- One copy to the Missouri State Highway Department, Sikeston, Missouri.
- One copy of SEMA - Regional Coordinator.
- One copy available to BLEPC members that request a copy.
- One copy available to active Emergency Response Agencies who request a copy.
- One copy available to active Industries who request a copy.
Section 6. AMENDMENTS TO BYLAWS: The bylaws of the BLEPC/D may be amended by an affirmative vote of three-fourths (3/4) of everyone present if quorum in achieved. No vote shall be taken to amend the bylaws until the proposed amendment has been reduced to writing and distributed with the agenda for the meeting at which the amendment is to be voted on.
Section y. FILING OF BYLAWS AND AMENDMENTS: A copy of the bylaws and any amendments to the bylaws shall be provided to the six (6) Presiding Commissioners, and are subject to the acceptance and approval. The BLEPC/D may provide copies to any public entity or private citizen (a fee may be required for copies).
ADOPTED BY BOOTHEEL EMERGENCY PLANNING COMMITTEE/DISTRICT THIS 16th DAY OF April, 2024.
__________________________
Chairperson
