By-Laws

Appendix B – By-Laws of the C/WLEPC
Revised: August, 2012

ARTICLE I

NAME

Cabell/Wayne Local Emergency Planning Committee, hereafter referred to as Committee, or C/WLEPC.

ARTICLE II

OBJECTIVES AND PURPOSE

The objectives and purpose of the Committee is to:

1. Comply with all legal requirements of the Federal Emergency Planning and
Community Right-To-Know Act of (EPCRA) of 1986.

2. Address the emergency preparedness requirements of Cabell County, Wayne County and the City of Huntington for all emergencies that may impact the Cabell/Wayne Emergency Planning District (C/WLEPD) in a manner that compliments the efforts of the three subject jurisdictions with formal emergency management programs.

3. Provide the emergency management, emergency communications, emergency response, and emergency support organizations in the C/WLEPD with an emergency management training resource and emergency management reference resource, as well as readily available emergency response plan.

4. Provide the various public in the C/WLEPD with emergency preparedness information.

ARTICLE III

OFFICE

The principal office of the Committee shall be in Huntington, West Virginia.

ARTICLE IV

MEMBERSHIP

SECTION I -MEMBERSHIP QUALIFICATIONS

The membership of the Committee shall be made up of the officers, facility representatives and approved interested citizens or representatives of any interested organizations that are concerned about emergency preparedness in Cabell and Wayne Counties, West Virginia.

Membership shall as a minimum include representatives from categories required by the relevant laws and regulations of the United States and the State of West Virginia; this includes:

a. Representatives from Cabell County, Wayne County and the City of Huntington Emergency Services Departments are permanent members.
b. Representatives from the Cabell Huntington Health Department and Wayne County Health Department shall be appointed by their respective County Commission.
c. Representative(s) from the “covered” facilities, as defined in the C/WLEPC Emergency Response Plan, 2011 (“facilities with a federal reporting requirement to report to the C/WLEPC are considered “covered facilities”., see page II-1 of C/WLEPC ERP 2011) who may appoint no more than two (2) representatives; and
d. At Large members as qualified below:
1. Citizens or organizational representatives who have been appointed as “at large” members by their respective County. Interested individuals or organizations seeking representation shall forward a request for nomination to the County Commission, who should confer with the county’s Emergency Services Representative regarding approval of the individual or organization�������s appropriateness for appointment to the C/WLEPC.
2. At large membership shall be no more than 3 per county.

The number of representatives from the counties, the City of Huntington, and the Health Departments may vary as determined by the Officers to ensure an odd number of members is maintained for voting purposes.

SECTION II -MEMBERSHIP REMOVAL

An at large member of the Committee shall automatically be removed from the membership roster of the organization for failure to attend at least one general or special meeting of the C/WLEPC in a twelve (12) month period.

ARTICLE V

OFFICERS

SECTION I- OFFICERS

The officers of the Committee shall consist of a Chairman, a Vice chairman, a Secretary/Assistant Treasurer, and Treasurer.

SECTION II -ELECTION AND TERM OF OFFICERS

Officers of the Committee shall be nominated at the Regular Meeting in October and shall be elected at the Regular Meeting in December. The term of office shall be one (1) year and officers may succeed themselves. Officers, other than the Treasurer may not hold the same office for more than two consecutive years. The Treasurer will be from the jurisdiction that holds the fiduciary responsibility for grants or funding of the C/WLEPC.

SECTION III-CHAIRMAN

The Chairman shall be the presiding officer of the Committee and shall oversee the management and administration of the Committee and shall be authorized to sign all documents on its behalf.

SECTION IV-VICE CHAIRMAN

The Vice Chairman shall assist the Chairman and in the absence of the Chairman shall perform duties of the Chairman, and when so acting, shall have all powers and duties of the Chairman.

SECTION V –SECRETARY/ASSISTANT TREASURER

The Secretary of the Committee shall be responsible for:

1. Attending all meetings of the Committee and provide true minutes of the proceedings of such meetings.
2. Providing all formal notices in accordance with the relevant laws and regulations of the United States and the State of West Virginia.
3. Keeping the Committee’s records.
4. Maintaining and keeping the name, email address, mailing address, and telephone numbers of all members of the Committee.

SECTION VI -TREASURER

The Treasurer shall:

1. Be responsible for maintaining fiscal records for the Committee.
2. Maintaining the custody of all funds and other properties of the Committee in accordance with the laws of the State of West Virginia.
3. Paying all bills and just debts of the Committee.
4. Preparing and delivering of fiscal reports to the Committee.

ARTICLE VI

ORGANIZATION

SECTION I -MEETINGS

Regular Meetings of the Committee shall be at least quarterly. As of 2012 meetings are usually held on the first Wednesday of the months of February, April, June, August, October and December at a location to be determined by the Chairman.

The Officers, in a majority vote taken in person or through electronic means, have the authority to reschedule, postpone or cancel meetings as long as: at least four meetings are held each year; and they are announced to the membership not less than two days prior to the rescheduled meeting date, or cancellation.

Meetings may be held in person, through other electronic means or a combination of both, as determined by the consensus of the Officers and in accordance with State or County guidelines as applicable.

Email or other electronic voting is authorized, as long as a specific timeframe for voting is established prior to votes being cast, announcement of the issue and voting procedures is provided to the entire membership and a record of votes is captured for recording by the Secretary.

SECTION II -QUORUM

A quorum of members is obtained with two or more officers and at least three other members of the Committee. A quorum shall be required for the transaction of business at any Regular Meeting or Special Meeting.

ARTICLE VII

MISCELLANEOUS

SECTION I – FISCAL YEAR

The fiscal year shall be the calendar year.

SECTION II – AMENDMENTS

Amendment to, repeal of, or replacement of Bylaws by the Committee shall be published to the membership for a period of not less than 30 days. Publication may be by electronic means such as posting to Committee website and advising all members by email or other means that proposed changes have been posted.

Approval of amendment to, repeal of, or replacement of Bylaws by the Committee shall be by vote of the majority of members present, to include those attending through electronic means, at a Regular Meeting.

SECTION III -SEVERABILITY

Each article, section and sub-section of these Bylaws is to be treated independently. Should a particular article, section, or sub-section be found to be invalid, such invalidity shall not impact upon the remainder of the Bylaws.

ARTICLE VIII

EFFECTIVE DATE

These Bylaws will be effective upon adoption by the Committee at its next Regular Meeting on August 1, 2012.