THE BYLAWS
OF THE
KANSAS COMMISSION ON EMERGENCY PLANNING AND RESPONSE
ARTICLE I—NAME
This organization shall be known as the Kansas Commission on Emergency Planning and Response, hereinafter referred to as the “Commission” or “CEPR”.
ARTICLE II—PURPOSE
The CEPR was established by Kansas law (KSA 65-5721) and is tasked with the implementation of the federal Emergency Planning and Community Right to Know Act in Kansas, as well as providing advice and assistance to state and local agencies on improving emergency capabilities.
ARTICLE III—RESPONSIBILITIES
The duties and activities of the CEPR are those set forth by KSA 65-5722 and the federal Emergency Planning and Community Right-to-Know Act of 1986 enacted by the U.S. Congress and hereinafter referred to as the “Act”.
Section 1. The CEPR shall perform all of the duties required of it under the Act and KSA 65-5722 and other administrative, regulatory, or legislative actions, including, but not limited to, the following:
A. The CEPR shall have the following functions, powers, and duties (as stated in K.S.A 65-5722):
1. Carry out all requirements of the Federal Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11001-11005, as amended to include:
a) Designate and revise as necessary, the boundaries of emergency planning districts;
b) Approve the Local Emergency Planning Committee (LEPC) for each emergency planning district and supervise the activities of the LEPC;
c) Review local emergency response plans;
d) Advise and assist in establishing state hazardous material policies;
e) Advise and assist state agencies in community right-to-know reporting and toxic chemical release reporting;
f) Advise and assist state and local agencies on management of hazardous substances (e.g. storage, handling, transportation, and discharge per 33 U.S.C. 1321);
g) Advise state agencies regarding the adoption of regulations needed to carry out the federal act and all state hazard preparedness and planning laws;
h) Approve fees to cover the total operational costs of implementing the Community Right-to-Know Act;
2. Advise and assist state and local agencies in mitigation of hazards;
3. Facilitate and advise state and local agencies in the preparation and implementation of emergency plans;
4. Advise and assist in establishing policy for the coordination of state agency activities relating to emergency training, preparedness, planning and response;
5. Review the response to disasters and recommend improvements for mitigation (prevention and risk reduction), preparedness (planning, training, and exercising), response and recovery (cleanup, rebuilding lives, property, and infrastructure) for future disasters;
6. Advise and assist in the planning for regional emergency medical response teams.
B. The CEPR will serve as the Senior Advisory Committee for US Department of Homeland Security Program. Projects (State and local) will be presented to the CEPR for the sole purpose of meeting guidance; primarily providing transparency and leveraging our federal resources. The CEPR does not have authority to deny or disallow projects.
Section 2. A designee of the adjutant general shall serve as the secretary of the commission on emergency planning and response. The adjutant general shall provide staff support, from the division of emergency management, to the CEPR.
ARTICLE V—MEMBERSHIP
Section 1. The CEPR is comprised of 27 representatives from various state and local governmental organizations and industry. All appointments are statutory or made by the Governor. Membership of the CEPR includes 9 state agency heads and 18 governor appointed members from various state and local agencies. Membership on the CEPR shall be as specified in the KSA 65-5721.
Section 2. The Adjutant General’s office shall make recommendations to the governor’s office on potential candidates for the CEPR. The Governor’s Office will confirm all appointments.
Section 3. Members shall serve terms of four years and until a successor has been appointed.
Section 4. Any vacancy in the office of an appointed member shall be filled for the unexpired term by appointment by the governor.
Section 5. Members are expected to attend all regular meetings or assign a knowledgeable alternate representative as the permanent proxy to the Commission. The appointed commission member must notify Kansas Division of Emergency Management (KDEM) of their intention to be represented on an ongoing basis by a specific designated representative. Such notification must be in writing and properly identify the designated representative as the proxy.
Section 6. Members shall be considered inactive when they have missed three (3) or more consecutive meetings without notification to KDEM. Attendance records will be kept by KDEM, on behalf of the CEPR.
ARTICLE VI—OFFICERS
Section 1. A chairperson shall be elected annually by the members of the commission. Election of a chairperson may be either by secret ballot or roll call vote as determined by simple majority of the members present.
Section 2. A vice-chairperson shall be elected annually by the members of the commission. Election of a chairperson may be either by secret ballot or roll call vote as determined by simple majority of the members present.shall be designated by the chairperson.
Section 3. The vice-chairperson shall serve as meeting chair during the absence of the chairperson. The vice chairperson shall perform other CEPR duties as assigned by the chairperson.
Section 4. In the event that the chairperson vacates his/her office prior to the end of the term, the vice-chairperson will move into the office of the Chair.
Section 5. A designee of the adjutant general shall serve as the secretary of the CEPR. The adjutant general shall provide staff support for the CEPR. The adjutant general’s department shall keep all records of meetings and decisions of the CEPR and shall provide public notification of meetings and minutes from the meetings.
ARTICLE VII—MEETINGS
Section 1. Regular Meetings—The CEPR shall meet at leasthold a face-to face meeting at least twice annually for regular meetings. The CEPR may meet quarterly or as necessary to conduct business via face to face meetings, telephonic, or other electronic means as deemed necessary and as designated by the CEPR Chairperson or Vice Chairperson. Face-to-face Meetings shall be held at a time and location determined by the Chair.
Section 2. Special Meetings—The Chairperson may call such special meetings as may be deemed necessary to carry out the duties of the Commission.
Section 3. Quorum—A quorum shall be required to conduct consist of a simple businemajority of Commission members. A quorum shall be required to transact business.. Official business. A quorum shall consist of a simple majority of the members-of-record present pursuant to Article V of these bylaws. An act of a majority of the members present at any official meeting at which a simple majority is present shall be the act or decision of the full CEPR.
Section 4. The CEPR is a public body within the meaning of K.S.A 2008 Supp. 75-4317 and will conduct all meetings in accordance of the provisions of the Kansas Open Meetings Act and the Kansas Open Records Act (K.S.A 2008 Supp. 45-217.
Section 5. With prior approval of the chair, a commission member may participate in meeting by teleconference or video conference if the member is unable to attend the meeting in person.
Section 6. Consent Agenda—The items listed on the Consent Agenda are considered by the Commission to be routine business items. Should a member of the Commission desire to discuss any item, at his/her request, it will be removed from the Consent Agenda and considered separately. The consent agenda shall be distributed to the Commission members at least three weeks prior to each meeting.
Section 7. Meeting Agenda—The Commission will follow a prepared agenda. Any Commission member may request the Chairperson to place an item on the agenda. A draft agenda for each scheduled meeting shall be available for public review 7 days prior to the meeting at the Kansas Division of Emergency Management, 2800 SW Topeka Blvd, Topeka, Kansas 66611 and also on the KDEM website.
Section 8. For attending CEPR meetings, or attending a subcommittee meeting thereof authorized by the CEPR, all members of the commission appointed by the governor shall be paid compensation, subsistence allowances, mileage, and other expenses as provided in KSA 75-3223, and amendments thereto. Compensation shall be paid in accordance with appropriate travel policies.
Section 9. Rules of Order—The deliberations of all meetings of the Commission shall be governed by Robert’s Rules of Order, Newly Revised.
Section 10. Minutes of Meetings—All meetings shall be documented and a summary provided for items discussed. The minutes of the meeting will be posted on the KDEM website.
Section 11. Notice of Meetings—Notice of the time, place, and agenda items to be considered at each meeting shall be given in writing (including but not limited to letters, fax, and electronic mail) to all members and posted on the KDEM website. If a meeting is canceled or rescheduled, a notice will be written and posted on the KDEM website. This notice may include instructions for CEPR members and the general public to provide comments on agenda items.
Section 12. Participation of Members of the Public—Members of the public shall be encouraged to attend the meetings. Public notice of meetings shall be consistent with the Kansas Open Meetings Act requiring all meetings of any governing body to be open to the public. An opportunity shall be provided at each meeting for members of the public to address the CEPR.
Section 13 In lieu of a meeting, a conference call, webinar, or video conference can be utilized to conduct business. The choice of which technology to use will be based on the capabilities and resources available.
A) If one of these alternative meeting formats is used, provisions for comments from the public and commission members will be made on the KDEM website and public comment period for 7 days. Copies of public comments will be provided to all commission members prior to commencement of a vote. All normal rules of meetings will be observed in this circumstance and is subject to the Kansas Open Meeting and the Kansas Open Records Acts.
ARTICLE VIII—VOTING
Section 1. All members of the CEPR including the chairperson and the vice-chairperson shall have the right to vote on any question which has been properly moved, seconded, and called for a vote. Each member shall be limited to one vote per question.
Section 2. At the discretion of the chairperson, any Commission action may be taken by a roll call vote, and the vote of each member shall be reflected in the minutes, or upon call of any member.
Section 3. The right of members to abstain from voting is recognized. Abstentious as well as “yea” or “nay” votes shall be recorded and reflected in the minutes (where appropriate). Members are encouraged to abstain on matters which would pose for them a conflict of interest.
Section 4. All final actions, Commission positions, or policy recommendations shall require the favorable vote of a simple majority of those Commission members present at the meeting. Approval of the LEPC Appoinment Letters may be delegated to the Deputy KDEM in the event a meeting is not held.
Section 5. If an appointed commission member has properly notified KDEM, as detailed in Article V—Membership, of their intention to be represented by a proxy, that proxy shall be allowed to participate in deliberations and vote on any issue, enjoying full rights of membership. In no way will implementation or interpretation of this provision afford said agency or agencies more than one vote per agency on any one question called.
Section 6. The Authority to review and approve items on the consent agenda in the event that a meeting is canceled.
Section 7 Electronic voting call can be utilized at the discretion of the Chairperson as alternate means of conducting a vote. Electronic voting is subject to the same rules set forth for conducting a vote during a meeting, with the exception of not being subject to the need for a motion to put it to a vote. Following a public comment period, polling will remain open for 5 business days. Failure to meet a quorum will result in documents not being approved and the documents will be included on the next meeting’s agenda. Records of the vote will be maintained in accordance with the Kansas Open Records Act.
ARTICLE IX—COMMITTEES AND WORKING GROUPS
Section 1. Either standing or special committees and/or working groups may be appointed by the chairperson to conduct the work of the CEPR as deemed necessary. Once the tasks of a special committee have been fulfilled, that committee will be disbanded at the discretion of the Commission Chair.
Section 2. All committees and/or working groups under the CEPR must have a charter detailing its purpose, membership, election of officers, and meeting frequency.
Section 3. Each committee and/or working group shall publish a summary of meetings and provide a report of programs and actions to the CEPR as requested by the CEPR chairperson.
ARTICLE X—AMENDMENT OF BYLAWS
These Bylaws may be amended at any meeting of the CEPR by an affirmative roll call vote of simple majority of the total CEPR membership, provided that the amendment(s) has/have been submitted in writing for consideration at the previous meeting of the CEPR or prior to the distribution of the consent agenda packet to members.
ARTICLE XI—ADOPTION OF BYLAWS
Adopted by the Kansas Commission on Emergency Planning and Response by affirmative roll call vote of a simple majority of the total CEPR membership, this the 6th day of December, 2012.
By: / ChairpersonBy: / Vice-Chairperson
By: / CEPR Secretary
Signed Copy can be reviewed at the Kansas Division of Emergency Management office between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday.
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Drafted June 2017