Constitution

CONSTITUTION

of

The Scioto County Local Emergency Planning Committee

Article I: Name

The Name of this committee is the Scioto County Local Emergency Planning Committee, which shall be hereinafter referred to as the LEPC Committee.

Article II: Purpose and Objectives

The Purpose of the LEPC Committee is to serve as the Local Emergency Planning Committee for Scioto County, Ohio as specified by the Superfund Amendments and Reauthorization Act (SARA) (United States Public Law 99-499) Title III (Emergency Planning and Community Right-to-Know Act), Section 301(C) and Sections 121.11, 2744.01, 3705.01, 4905.81, 4905.82, 5915.18, and 6111.03, as amended, and Section 3750.01 through 3750.99, and Section 3751.11 and 3751.99, of the Ohio Revised Code, and such rules and regulations, as adopted by the State Emergency Response Commission of Ohio.

In Accordance with the above laws, the LEPC Committee will develop and keep current a Comprehensive Emergency Response Plan for the county; Establish procedure and keep current procedures for conducting public information responsibilities; receive and process request for information from the public; notify the public of committee activities and public meeting to discuss the emergency plan; handle and respond to public comments on the emergency plan; distribute the emergency plan and make it publicly available; and receive reports and information, as specific by law. With the information and reports received, the LEPC Committee will perform a hazard analysis and build and maintain a data base of hazardous chemical locations and quantities in the county; and establish and maintain an information system for emergency responders to use when responding to incidents that may involve hazardous chemicals in the county.

The Objectives of the LEPC Committee are:

· To prepare a comprehensive and coordinated chemical response plan for Scioto County

· To receive and process request from the public for information in accordance with the law

· To implement the Local Emergency Committee rules and requirements, as outlined in the law

· To carry out the powers and duties as provided in Section 3750.03(D) of the Ohio Revised Code and such powers and duties, as outlined in lawful rules and regulations promulgated by the State Emergency Response Committee (SERC) of Ohio.

Article III: Committee Representation

Section 1. The LEPC Committee will be comprised of a balance of representatives of the following categories:

1. Elected Local or State Officials

2. Law Enforcement Agencies

3. Emergency Management Agency

4. Fire/Hazmat Response Agencies

5. First Aid Agencies

6. Health Departments

7. Environmental Agencies

8. Hospitals

9. Transportation Agencies

10. News Media

11. Community Groups

12. Facilities subject to Title III Requirements

Section 2. The Chairman shall annually appoint a Nominating Committee of four (4) members of the LEPC Committee to nominate candidates to fill vacancies on the LEPC Committee. The Nominating Committee may make nominations from the floor on the condition they have contacted that person they so nominate, and they are willing to serve. The Nominating Committee shall decide by vote the nominees they recommend for appointment to the LEPC Committee, keeping in mind that as near as practical, the LEPC Committee will be comprised of a balance of representatives of the categories outlined in Article III, Section 1. Terms of Office shall be for two (2) years.

Section 3. The names of the persons selected to become members of the LEPC Committee, as outlined Article III, Section 2, shall be referred to the Scioto County Commissioners for review and approval. The Board of Scioto County Commissioners will pass a resolution containing the names of their recommendations for appointment to the LEPC Committee and a copy of their resolution shall be forwarded to the State Emergency Response Commission (SERC) by the LEPC Committee’s Secretary or Information Coordinator.

Section 4. Vacancies created by resignation or removal action (as outlines in Article V, Section 5) shall be filled in the following manner: The LEPC Committee shall nominate and select by vote of the membership, a person qualified under the category in which such vacancy exists and shall submit that person’s name to the Board of Scioto County Commissioners for their review and recommendation of that person so nominated, to serve the balance of the unexpired term. Upon the passage of a resolution by the Scioto County Commissioners recommending such person, the Secretary or Information Coordinator shall submit that person’s name to the State Emergency Response Commission (SERC) for their action.

Article IV: Jurisdictional Boundary

The LEPC Committee’s jurisdictional authority shall include all of Scioto County, Ohio.

Article V: Governing Body

Section 1. The Governing Body of the LEPC Committee shall be comprised of all members of the LEPC Committee as officially appointed by the State Emergency Response Commission (SERC).

Section 2. The LEPC Committee shall have full authority and power to manage the affairs of the LEPC Committee. It shall have the authority to purchase goods and services, enter lease or contract agreements and accept gifts on behalf of the LEPC Committee. It shall formulate policy and general rules to govern itself. It shall have the power to create and dissolve ad hoc committees. All matters pertaining to the welfare of the LEPC Committee shall be referred to the LEPC Committee.

Section 3. The LEPC Committee shall meet at least quarterly on the last Friday of the months of January, April, July, and October, even though the Ohio Revised Code administrative rules require fewer meetings. The LEPC Committee Chairman shall have the authority to call a special meeting of the LEPC Committee if he or she determines that a need exists that it is essential for such meeting. All meetings, special and regular will be governed by the following paragraph:

“At least seventy-two (72) hour notice must be given to all members of the LEPC Committee and news media in advance of a committee meeting. Such notice may be written notice, by mail, by email, however time or availability permits. If it is likely that such mailed notice would not reach a member or the media in sufficient advance time of the meeting, then such notice shall be given by telephone, or in person, or email. Meetings of the LEPC Committee are open to the public and must comply with all provisions of Section 121.22 of the Ohio Revised Code (Sunshine Law).”

Section 4. Ten (10) members of the LEPC Committee present at a meeting shall constitute a quorum for the transaction of business. Business shall be transacted only at LEPC Committee meetings, expect as otherwise specified in this Constitution.

Section 5. The LEPC Committee, by at least two thirds (2/3) vote of all its members, may at any time remove a member for misfeasance, malfeasance, or nonfeasance. At the request of the LEPC Committee, the State Emergency Response Commission (SERC) may remove a member of the LEPC Committee for any of those reasons. Any member with four (4) or more consecutive unexcused absences (without prior notice) will be contacted by the LEPC Committee to ascertain if they which to remain a member.

Article VI: Executive Board

Section 1. There shall be an Executive Board composed of the LEPC Committee Chairman, Vice Chairman, Secretary, Information Coordinator, and the Emergency Coordinator of the LEPC Committee. Two additional members At-Large may be elected if interest for such membership is indicated by the Nominating Committee. Members At-Large, if selected for a given membership term, shall be selected by taking nominations from the floor and voted on by the LEPC Committee. If there are more than two who have expressed interest, the two with the highest number of votes shall be deemed elected. Members of the Executive Board shall be selected at the first committee meeting each year and shall be elected after the Chairman and Vice Chairman have been elected if said interest has been expressed to serve At-Large.

Section 2. The Executive Board shall be responsible for administrative matters and operate by the majority rule. It shall adopt interim policies which shall be in effect until the next meeting of the LEPC Committee. It shall carry out the policies of the LEPC Committee between meeting of the latter.

Section 3. The Executive Board shall establish its own rules of procedures and have such further powers and duties as may be prescribed in this Constitution.

Section 4. Three (3) members shall constitute a quorum of the Executive Board to transact interim necessary business, which shall be brought before the LEPC Committee at its next meeting.

Article VII: Officers, Term of Eligibility, Vacancies

Section 1. During even numbered years, the Chairman shall appoint a Nominating Committee which shall present nominations for the Chairman, Vice Chairman, and Secretary to the full committee prior to the January meeting of each year. Members of the LEPC Committee may make nominations from the floor at the first meeting of the following year (odd numbered) to conduct a vote to confirm officers for the LEPC Committee.

Section 2. Officers: Officers of the LEPC Committee shall be a Chairman, Vice Chairman, and Secretary.

Section 3. Terms: The Chairman, Vice Chairman, and Secretary shall serve for a term of two years which shall begin upon their election at the first meeting of odd numbered years. The Chairman, Vice Chairman, and Secretary may serve unlimited terms if authorized to do so by the LEPC Committee by vote. This will provide continuity of operations in some instances. The Director of the Scioto County Emergency Management Agency or his/her designee will automatically serve as the Emergency Coordinator and the Information Coordinator for the LEPC Committee.

Section 4. Eligibility: No one shall be eligible to be a member of the Executive Board or hold a LEPC Committee office’s position without being a member of the LEPC Committee.

Section 5. Vacancy: The Executive Board shall recommend a LEPC Committee member in good standing to fill a vacancy of any office position of the LEPC Committee for the unexpired term, subject to the membership of the LEPC Committee approval.

Article VIII: Funds

A. Funds received on behalf of the LEPC Committee shall be turned over to the Scioto County for deposit to the account of the Local Emergency Planning Committee.

B. The Information Coordinator shall make applications for funding grants from the State Emergency Response Commission (SERC) after receiving input from the LEPC Committee.

C. The Information Coordinator may make purchases for goods and services in the performance of the duties required by law for the LEPC Committee. The LEPC Committee will approve all expenditures as presented in a financial report by the Information Coordinator.

D. The Information Coordinator will sign all purchases orders for the LEPC Committee. Under no circumstances can purchases be made until a purchase order has been issued by the Scioto County Auditor’s office. The purchase order must contain the name and address of the vendor, a description of the item and the amount. Purchases cannot exceed the amount of the purchase order by more than ten (10) percent, the county auditor.

Article IX: Amendments

The LEPC Committee shall have the power to amend this Constitution in the following manner:

Written notice containing the proposed amendment(s) shall be sent to the membership of the LEPC Committee at least thirty (30) days in advance of the date set to vote on such amendment(s). Ballots will be sent to each member of the LEPC Committee who shall return the Ballot either by mail, email, or in person to the Secretary on or before the date indicated on the Ballot. To be approved, amendments must receive at least a two thirds (2/3) majority vote of approval.

Article X: Non-discrimination

The organizations, officers, members, and persons served by the LEPC Committee shall be selected in a non-discriminatory manner with respect to age, sex, race, color, national origin, sexual orientation, and political, or religious, opinion, or affiliation.

Adopted by the Membership this 24th day of September 2021.

I, the undersigned, being Secretary of the Scioto County Local Emergency Planning Committee, hereby certify that the above is a true, complete, and accurate copy of the Constitution adopted by the Membership.

Glenda Cordle

Scioto County Local Emergency Planning Committee Secretary