HomeMy WebLinkAboutLocal Emergency Planning Committee LEPC Minutes 09.10.2002 L.E.P.0 MEETING
MINUTES
SEPTEMBER 10, 2002
Present: Mary Jochems, Billings Fire; Ron Rosh, DPC Industries; Bill Facer, FBI; Diana
Davison, Transbas; Dave Warne, Brermtag West; Susan Lubbers, School District #2;
Linda Schicktanzl, American Red Cross; Wheeler (Dan) Daniels, American Red Cross
volunteer; Joe Marcotte, Deaconess; Charlie Hanson, MT DES; Val Ronquillo, Billings
Fire; Jim Kraft, YC DES; Dianne Lehm, Big Sky EDA; Verne Petermann, Billings
Police; Bill Michaelis, YC Sherriff; and Gary Workman, Public Utilities
Jim Kraft, LEPC Chair called the meeting to order. Introductions were made.
Minutes from previous meeting were approved as read and corrected.
COMMITTEE REPORTS
1. Communications Sub-Committee Report(Jim Kraft)—nothing new to report
2. Exercise Design Committee Report (Joe Marcotte) — Largest tabletop
scheduled to date for October 2, 2002. There will be quite a few organizations
involved in this tabletop. This is the first step to a full exercise, which is
scheduled for November 2003. The exercise for November 2003 will be held
from Sunday thru Tuesday. The scenario has not been decided as of yet. They
are hoping to have multiple venues involved. There will be no exercise for this
fall.
3. Education Committee—Mary Jochems suggested that the Education Committee
to be revived. Mary is a member of a member of the Celebrate Billings
organization, which involves several organizations throughout Billings. He is on
the Health& Safety Public Awareness Committee. This committee will be asking
the Celebrate Billings organization for money for a new LEPC brochure on Bio-
Terrorism and Methods of Mass Destruction. He had a meeting on Tuesday,
September 10 at 3:30. The state is currently working on a 72-hour safety
brochure. Susan Lubbers volunteered to be on the sub-committee for PSAs.
(NOTE: Mary and Jim Kraft met with the Celebrate Billings Committee after the
LEPC meeting and they approved$2800 for a new Terrorism brochure).
OLD BUSINESS
1. Siren System Replacement (Kraft) - Currently looking into grants for the
upgrade. This upgrade will cost approximately$60,000 - $70,000.
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2. By-Laws (Kraft)—If there are any suggestions on changes, get them to Jim Kraft
in the next couple of weeks. Changes from this meeting (adding the Citizens
Corps Council as a Standing Subcommittee) was included in the attached By-
Laws dated 9-12-02, draft #3.
3. Project Impact (Dianne Lehm)—
a) Dry Hydrants - Dry hydrant will be installed at 5606 Pleasant Hallow next
Tuesday. Getting a permit for a dry hydrant for Fly Creek in Worden.
Looking for funding for a dry hydrant for the Indian Cliffs (BUFSA).
b) Generator — Getting a back-up generator outside of Red Lodge. The
amateur radio group will use this generator. The amateur radio group will
do the testing on the generator.
c) Fire Wise Project House (Laurel) — Working with FEMA, currently on
hold.
d) Safe School Projects—Received 1 report back.
e) Club Plan Mapping—Just about completed.
f) Hazard Analysis Funding — It is a must to participate. Will be asking
LEPC for input.
g) HMEP (Haz-Mat Emergency Plan) — Applied for $20,000.00 to write a
medical disaster plan. This will be an umbrella to the terrorism plan.
h) Domestic Preparedness Equipment Grant—Received $102,000.00.
4. Regional Haz-Mat Response -Domestic Preparedness Equipment Grant -
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(Mary Jochems) — There is 2.2 million dollars available for 2003 for regional
haz-mat teams. The State is considering dividing the plan and grant into four (4)
parts: EMS (Ken Threet & Joe Marcotte), Haz-Mat (Mary Jochems & Fire Chief
from Great Falls), Law Enforcement (EOD) and Public Works. All four groups
will be working on their part of a statewide plan for regional response.
5. Public Utilities (Gary Workman) — Received a $92,000.00 grant for security
assessment for the water plant facilities. Once the assessment is done, they will
have to look further for money to correct any problems.
NEW BUSINESS
1. Officer Elections—December 10th Meeting
2. Memberships/Representatives from Agencies —At the December 10th meeting,
we will be reviewing membership. Also there is only 1 vote per agency.
3. Citizen Corp Council Sub-Committee (American Red Cross) — This is part of
the Freedom Corp and they are working on getting a council in all communities.
They are partners with American Red Cross. The group will respond to all
terrorism acts. They are also at establishing a Medical Reserve Corp, where they
would train retired medical personnel for an emergency situation i.e.
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immunization for small pox. There are some concerns regarding credentialing
and liability. A $50,000.00 grant has been applied for to start the Medical
Reserve Corp. There was a motion to have the Citizen Corp Council as a standing
sub-committee of the LEPC. This is motion was made by Susan Lubber, 2nd by
Linda Schicktanz voted on and motion approved. This committee will be Co-
Chaired by the Mayor and a County Commissioner. Charlie Hanson (MT DES)
stated they would be placing a Vista person in Billings beginning Jan. 2003. This
person will be housed at the Red Cross.
4. Senior Leaders Homeland Security Summit (Mary Jochems)—This summit is
being held in Denver next week and Mary was invited. Please send information
on your disaster plans to Mary by Friday, so he can take it with him. There will
be a Governors Summit on October 18. This will be a day long session on
sharing homeland security.
5. 9-11 Ceremony (Mary Jochems) — Everyone is invited to attend the 9-11
ceremony at Pioneer Park.
6. Lead-Safe Work Practices (Vern Petermann) — HUD is sponsoring a free
training seminar on September 19 — 20 8:00 am to 5:00 pm at City of Billings
Community Development Division, Jill Krueger at 657-8284 is the contact person
for the City. If interested in attending, you can contact HUD Lead Paint
Compliance Assistance Center at 1-866-HUD-1012 or visit www.leadlisting.org.
7. Next Meeting: Tuesday, October 8, 2002, 1:30pm, EOC.
Respectfully Sumitted,
James L. Kraft, Chair
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9-12-02-Draft# 3
BYLAWS OF
LOCAL EMERGENCY PLANNING COMMITTEE (LEPC)
Of
YELLOWSTONE COUNTS
ARTICLE I. NAME, PURPOSE & OFFICE
Section 1.1 Name
The name of this organization shall be the Yellowstone County Local Emergency Planning
LEPC, herein after referred to as the "LEPC". All power of the LEPC is vested in its membership with
limited powers given to the Board of Directors.
Section 1.2 Purpose
The purpose of the LEPC shall be:
A.) to carry out for County of Yellowstone and its political subdivisions those responsibilities required
of the LEPC pursuant to Public Law 99-499, Superfund Amendments and Reauthorization Act of
1986 (SARA),Title III, and related regulations including but not limited to:
• developing, training, and exercising of a hazardous material emergency response plan for
Yellowstone County and its political subdivisions;
• developing procedures for receiving and storing hazardous material information from
Yellowstone County businesses and processing requests from the public under the community
Right-to-Know provisions of Title III,SARA; and
• establishing provisions for public notification of LEPC activities.
B.) to plan, develop, train and exercise community emergency response plans for all other risks and
hazards identified in Yellowstone County including but not limited to flooding, wildfires, major
structure fires, winter storms, tornadoes, terrorism, etc.
C.) to implement further related activities as may hereafter be legally required by the Federal
Government, the State Emergency Response Commission(SERC), or the LEPC.
Section 1.3 Business Office
The organization's principal office shall be located in Billings, Montana. When necessary, the
LEPC's most current Annual Report filed with the Montana Secretary of State shall identify the
location of the principal office.
ARTICLE II. MEMBERSHIP
Section 2.1 Membership
(a)Membership. Any person or firm engaged in business and who subscribes to the principles
and purposes of the LEPC is eligible for membership. If a corporation or other entity holds
membership, the entity shall be considered one member. Each member shall be eligible for benefits if
they support the purpose of the LEPC and maintain active participation in LEPC functions and
activities.
(b)Membership Rights and Obligations. All members have the same rights, privileges, and
obligations.
(c) Termination of members. The LEPC may suspend or terminate a member from the LEPC if
the LEPC has made a good faith determination that it is in the best interests of the LEPC to do so. In
addition, the LEPC may only suspend or terminate a member from the LEPC pursuant to the following
procedure, which shall be carried out in good faith. The procedure provides:
1. the LEPC must,by first class mail,give the member written notice of the suspension or
termination not less than 15 days'prior to the effective date of the proposed action and
an explanation of the reasons for it; and
2. an opportunity for the member to be heard, orally or in writing, not less than 5 days
before the effective date of the suspension or termination by the LEPC.
Notwithstanding the above provisions, the LEPC shall consider a membership terminated if
the member fails to make payment of annual dues, if dues are required, or if the member fails to attend
meetings or notify the LEPC of their desire to remain as active members.
Section 2.2 Core LEPC Members.
Core membership of the LEPC shall include representatives from each of the following entities
to ensure close mutual aid relationships:
Billings Fire Department
Billings Police Department
Yellowstone County Disaster and Emergency Services Office
Billings Airport Rescue Firefighting(ARFF)
ExxonMobil Refinery
Conoco Refinery
Cenex Refinery
Deaconess Billings Clinic
Saint Vincent Healthcare
Yellowstone County Sheriffs Office
Yellowstone City-County Health
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Section 23 General Members
General members of the LEPC, that support the purpose and activities of the LEPC may
include but are not limited to:
Yellowstone County Fire Departments
Public and Parochial Schools in Yellowstone County
Emergency Medical Service Agencies
Montana Highway Patrol
Montana Disaster& Emergency Services
Montana Safety Services Council
Chemical Industries/Businesses in Yellowstone County
Billings area Media
City and County Government Offices in Yellowstone County
American Red Cross
Burlington Northern-Santa Fe Railroad
Montana Rail Link
Pipeline Companies in Yellowstone County
University Police Departments
Electric and Gas Utilities
US Postal Service
Amateur Radio Club
Section 2.4 Dues
The LEPC shall determine the amount of annual dues, if any, to be paid by each member. The
LEPC may establish a different amount of dues to be paid by different types of membership. The
LEPC may terminate members for non-payment of annual membership dues. The LEPC may notify
members of nonpayment of dues and may provide a grace period in which to pay dues.
Section 2.5 Monthly Membership Meeting
The members shall convene monthly meetings on the second Tuesday of each month, at the
hour of 1:30 o'clock P.M., or at another time on another day within the month that the LEPC agrees
upon.
Section 2.6 Special Membership Meetings
The Chairperson, the Board, or the members may call a special membership meeting for any
purpose or purposes described in the meeting notice.
Section 2.7 Place of Membership Meeting
The LEPC may designate any place as the meeting place for any monthly, annual or special
meeting of the members. The members may change the meeting place if all the members entitled to
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vote at the meeting agree to another location. If the LEPC does not designate a meeting place, then the
members shall meet at the principal office of the organization.
Section 2.8 Notice of Membership Meeting
(a)Required notice. The Secretary of the LEPC shall deliver notice of the membership meeting
to each record member.
(b)Manner of Communication. The Secretary of the LEPC may deliver to member's notice of
the membership meeting by e-mail, written notice, through a regular publication, or by a newsletter of
the organization. The notice must be given in a fair and reasonable manner; it must be in writing and
state the place, day and hour of any monthly, annual or special membership meeting. If the LEPC
determines that e-mail, or a written notice, or notice by a regular publication or a newsletter of the
membership meeting is impracticable, the Secretary of the LEPC may give notice of the membership
meeting by means of a newspaper of general circulation in the area where it is published.
(c)Adjourned Meeting. If the members adjourn any membership meeting to a different date,
time, or place, the Secretary need not give notice of the new date,time and place, if the new date,time,
and place is announced at the meeting before adjournment. However, if the LEPC fixes a new record
date for the adjourned meeting, or must fix a new record date, then the Secretary must give notice, in
accordance with the requirements of paragraphs (b) of this section, to those persons who are members
as of the new record date.
(d) Contents of Notice. Unless the Montana Nonprofit Corporation Act requires it, the notice
of an annual membership meeting need not include a description of the meeting's purpose or purposes.
However notice of each special membership meeting shall include a description of the meeting's
purpose or purposes.
Regardless of whether the notice is of a monthly, annual or special membership meeting, if a
purpose of the meeting is for the members to consider either:
1. a proposed amendment to the articles of LEPC (including any restated articles requiring
member approval);
2. a plan of merger,
3. the sale, lease, exchange or other disposition of all or substantially all of the LEPC's
property;
4. the dissolution of the LEPC; or
5. the removal of an officer,
Then the notice must state this purpose and be accompanied by a copy or summary, if applicable, of
the:
1. amendment to articles;
2. plan of merger; or
3. transaction for disposition of all the LEPC's property.
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Likewise, if the LEPC indemnifies or advances expenses to an officer as defined by the
Montana Nonprofit Corporation Act, the Secretary shall report this information, in writing, to all the
members with or before notice of the next membership meeting.
Section 2.9 Fixing of Record Date
The LEPC has fixed, in advance, a date, referred to as the record date, for the purpose of
determining which members, as of a certain date, are entitled to receive notice of a member meeting.
The LEPC may also fix specific rights for members of record as of the record date. The record date
shall be that of the annual meeting, which is the December meeting.
Section 2.10 Membership List
(a) Contents of List. After the LEPC fixes a record date for notice of a meeting, the officer
maintaining the LEPC's record books, shall prepare a complete record of the members entitled to the
notice of the meeting.
(b) Inspection. The membership list must be available for inspection by any member,
beginning 2 business days after the Secretary gives notice of the meeting for which the list was
prepared. The list shall be located for inspection at the LEPC's principal office. A member, the
member's agent, or attorney is entitled, on written demand, to inspect the list during regular business
hours. The member shall be responsible for any reasonable inspection expenses.
(c)Limitations on Use of Membership List. Without consent of the LEPC, a membership list
or any part of it may not be obtained or used by any person for any purpose unrelated to a member's
interest as a member of the LEPC. Membership lists shall not be distributed to members except for the
sole purpose of conducting LEPC business.
Section 2.11 Membership Quorum
Twenty percent(20%) of the votes entitled to be cast on a matter must be represented at a
meeting of members to constitute a quorum on that matter. Once a vote is represented for any purpose
at a meeting, the LEPC shall deem it present for quorum purposes for the remainder of the meeting and
for any adjournment of the meeting unless a new record date is or must be set for that adjourned
meeting.
Section 2.12 Voting of Membership
Each member(subject to the provisions of section 2.7) is entitled to one vote on each matter
voted on by the members. If a membership (one entity) stands of record in the names of two or more
persons, then the vote of one name shall bind all names on that one membership. Three-fourths (3/4)
affirmative vote is required for member approval of LEPC merger and dissolution, and for major asset
transfers. A majority vote shall carry on other matters requiring member action, unless otherwise
stated in these bylaws or in the Montana Non-Profit Corporation Act.
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Section 2.13 LEPC Records
The LEPC shall keep a permanent record of the minutes of all meetings of:
• its members
• the board of directors
• a subcommittee of the LEPC
The LEPC shall maintain appropriate accounting records.
ARTICLE III.BOARD OF DIRECTORS
Section 3.1 General Powers
All LEPC powers shall be exercised by or under the authority of the members of the LEPC.
The Board of Directors shall exercise only those powers given to it by the members of the LEPC and
consists primarily of conducting the business and affairs of the LEPC when the LEPC cannot meet.
Section 3.2 Composition of the Board
The current officers of the LEPC, subcommittee chairpersons and past chairperson of the LEPC
shall compose the Board. Each director shall have one vote on any matter that comes before the Board.
Each director shall hold office for the period of time they are officers or until removed in accordance
with section 3.3.
Section 3.3 Removal of Directors
A director(officer)may be removed,with or without cause, if a majority of the LEPC members
present at a duly constituted meeting vote for the removal.
Section 3.4 Director Vacancies
If a vacancy among the directors occur on the Board, the LEPC may fill the vacancy, by
appointing another officer. If the directors remaining in office constitute less than a quorum of the
Board, they may continue to conduct business as needed.
Section 3.5 Regular Meetings of the Board of Directors and Notice
The Board shall hold regular meetings as necessary in the absence of the meetings of the LEPC.The Board's
Secretary shall give either oral,electronic or written notice of any director meeting at least 2 days before the meeting. The
notice shall include the meeting place,day and hour.
Section 3.6 Director Quorum _
A majority of the number of directors shall constitute a quorum for the transaction of business
at any Board meeting.
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Section 3.7 Compensation,Loans to, or Guarantees for Directors
(a)Director Compensation. The Board may, upon approval of the majority of the Board, pay
each director's expenses, if any, for attendance at each Board meeting or committee meeting of the
Board, or attendance to other required events as a representative of the Board, the LEPC, or committee
of the LEPC. The directors shall not be paid a salary or fee for attending any meeting.
(b)Loans to or Guaranties for Directors. The LEPC may not lend money to or guarantee the
obligation of a director.
ARTICLE IV. OFFICERS
Section 4.1 Number of Officers
The officers of the LEPC shall be a Chairperson, a Vice-Chair, a Secretary, and a Treasurer.
The LEPC shall elect/appoint each of these officers. In addition to the duties specifically set forth in
these bylaws, each officer shall perform any other duties that the LEPC may assign to the officer. The
LEPC may appoint other officers and assistant officers, as it deems necessary. The same individual
may simultaneously hold more than one office in the LEPC (e.g. Typically, the Secretary and
Treasurer are one in the same person.)
Section 4.2 Appointment and Term of Office
The LEPC shall appoint/elect officers of the LEPC for a term that the LEPC determines. If the
LEPC does not specify a term, the officers shall hold office for one year or, within that year, until they
resign, die or are removed in a manner provided in section 4.3. A designation of a specified term does
not grant to the officer any contract rights, and the LEPC can remove the officer at any time prior to
the termination of the designated term.
Section 4.3 Removal of Officers
The LEPC may remove any officer at any time, with or without cause. The removal shall be
without prejudice to the contract rights, if any, of the person removed. A LEPC's appointment of an
officer shall not of itself create contract rights.
Section 4.4 Chairperson
The Chairperson shall be the principal officer of the LEPC. The Chairperson shall be subject to
the control of the LEPC, and shall, in general, supervise and control,in good faith, all of the business
and affairs of the LEPC. The Chairperson shall preside at all meetings of the members and of the
LEPC. The Chairperson may sign, with the Secretary or any other proper officer of the LEPC that the
LEPC has authorized, deeds, mortgages,bonds, contracts, or other LEPC authorized instruments.
Section 4.5 Vice-Chair/Chairperson-Elect
The Vice-Chair of the LEPC is automatically the Chairperson-Elect of the LEPC and will
assume the duties of the Chairperson when the Chairperson's term has expired. The Vice-Chair shall
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perform, in good faith, the Chairperson's duties if the Chairperson is absent, dies, is unable or refuses
to act. If the Vice-Chair acts in the absence of the Chairperson, the Vice-Chair shall have all the
Chairperson's powers and be subject to all the restrictions upon the Chairperson. If the Vice-Chair is
unable or refuses to act, then the Secretary shall perform the Chairperson's duties.
Section 4.6 Secretary
The Secretary shall: (1) attend meetings & create and maintain the minutes of the proceedings of the
Board and of the LEPC; (2)provide that all notices are served in accordance with these bylaws or as
required by law; (3)be custodian of the LEPC records; (4) when requested or required, authenticate
any records of the LEPC; (5)keep a current register of the post office and e-mail address of each
member; and (6) in general perform all duties incident to the office of Secretary.
Section 4.7 Treasurer
If a Treasurer is elected or appointed, the Treasurer shall: (1) have charge and custody of and be
responsible for all funds and securities of the LEPC; (2)receive and give receipts for monies due and
payable to the LEPC from any source, and deposit all moneys in the LEPC's name in banks, trust
companies, or other depositories that the LEPC shall select; (3)may sign and issue all LEPC checks,
drafts or other orders for payment of money, and notes or other evidence of indebtedness; (4) submit
the books and records to a Certified Public Accountant for annual audit or review; and (5) in general
perform all of the duties incident to the office of Treasurer.
Section 4.8 Past Chairperson
In order to keep continuity in the LEPC and its proceedings, the Past Chairperson will serve as
an officer in the LEPC and shall be on the Board of Directors. This officer,by virtue of his position,
will be the historian of the LEPC.
ARTICLE V. SUBCOMMITTEES
Section 5.1 Standing Subcommittees
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Standing Subcommittees of the LEPC are Community Awareness and Emergency Response
(CAER), Conference, Exercise Design, Grants and Citizens Corps Council. The LEPC shall utilize
these standing subcommittees to more narrowly focus on critical hazardous material, safety and/or
disaster planning issues. These committees report their activities and recommendations to the LEPC.
The Chairperson of the LEPC, with the approval of the LEPC, shall appoint subcommittee
chairpersons and those chairpersons are members of the Board of Directors.
Section 5.2 Membership of the Standing Subcommittees
All members of the LEPC should volunteer to serve on at least one Standing Subcommittee and
shall serve on no more than two subcommittees. Final membership on the Standing Subcommittees is
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determined by the LEPC Chairperson after consultation with the Board of Directors to ensure that all
committees have sufficient manpower to carry out their assigned tasks. The Standing Subcommittees
may have non-voting, non-LEPC members as necessary for advice and expertise.
Section 5.3. Meetings of the Standing Subcommittees
Each Standing Subcommittee may hold a meeting between consecutive monthly membership meetings
of the LEPC. Additional meetings of the Standing Subcommittees may be called by the chairperson of
those subcommittees or by the Chairperson of the LEPC as deemed necessary. The presence of a
majority of the members shall constitute a quorum for the transaction of business.
Section 5.4 Duties of the Standing Subcommittees
A.) The Community Awareness and Emergency Response(CAER) Subcommittee.
The CAER Subcommittee may:
• promote community awareness about the potential of handling hazardous materials
emergencies and other natural disasters;
• advise the public of appropriate actions to take in such emergencies and other natural
disasters;
• evaluate resources and procedures for public alerting, warning and notification of a
hazardous material emergency or natural disaster;
• inform the public of LEPC meetings and arrange publicity for the LEPC;
• formulate policies and procedures concerning the public's right-to-know provisions of
SARA Title III, and related state laws; and
• respond to public inquires and complaints regarding specific incidents or facilities.
B.) The Conference Subcommittee.
This subcommittee may arrange, coordinate and conduct an annual LEPC conference at the
request of the LEPC or it may combine a conference with another closely-related conference
with approval of the LEPC.
C.) The Exercise Design Subcommittee.
The Exercise Design Subcommittee is responsible for the planning, coordinating and
conducting annual or semiannual exercises that reflect on the hazards that pose a risk to
Yellowstone County. The Yellowstone County Disaster and Emergency Services Director is a
required member of this committee by nature of his duties.
D.) The Grants Subcommittee.
This subcommittee may seek out, apply for and accept grant funds on behalf of the LEPC. Such
grants will adhere to the purpose of the LEPC and include but are not limited to:
• promote/enhance public awareness of emergency response activities,
• provide awareness, training and exercising of emergency response personnel,
• enhance public alerting, warning and notification and
• provide equipment for emergency responders for hazardous material and other natural
disaster response.
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E.) The Citizens Corps Council Subcommittee.
This subcommittee has the national responsibility to create a broad network of volunteer efforts
in order to prepare for and respond to acts of terrorism, crime or natural disaster. The Citizen
Corps Council Subcommittee will help drive local citizen participation in developing
community action plans, assessing possible threats and identifying local resources, coordinating
such efforts with the LEPC and the local disaster preparedness office.
Section 5.5. Ad Hoc Committees.
The Chairperson may establish/dissolve ad hoc committees as necessary to perform specific functions of
the LEPC and to address unique LEPC issues as needed.The Chairperson of the LEPC,with the approval of the
LEPC, shall appoint the Chairperson and members of ad hoc committees. The LEPC shall provide a specific
charge, a defined scope of work,time constraints,reporting actions,and other appropriate requirements for each
ad hoc committee.
ARTICLE VI. MISCELLANEOUS
Section 6.1 Contracts
The LEPC may authorize any officer or officers, agent or agents, to enter into any contract or
execute or deliver any instruments in the name of and on behalf of the LEPC and such authorization
may be general or confined to specific instruments.
Section 6.2 Loans
The LEPC shall not allow anyone to contract on behalf of it or the Board for indebtedness for
borrowed money unless the majority of the membership of the LEPC authorizes such a contract. The
LEPC shall not allow anyone to issue evidence of the LEPC's indebtedness unless the LEPC authorizes
the issuance by resolution.
Section 6.3 Fiscal Year
The fiscal year of the LEPC shall begin on July 1 of each year.
Section 6.4 Indemnification of Directors, Officers,Employees and Agents
Except as otherwise limited by Sections 35-2-446 through 35-2-454, Montana Code
Annotated, the LEPC may indemnify any director or officer or former director or officer of the LEPC
against claims, liabilities, expenses and costs necessarily incurred by the person in connection with the
defense, compromise or settlement of any action, suit or proceeding, civil or criminal, in which such
person is made a party by reason of being or having been such director or officer, except in connection
with a proceeding by or in the right of the LEPC in which the director was adjudged liable to the
LEPC, or in connection with any other proceeding that charges improper personal benefit to the
director, whether or not involving action in the person's official capacity, in which the director is
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adjudged liable on the basis that personal benefit was improperly received by the director; provided
that indemnification of a director shall only be to the extent not otherwise compensated, indemnified or
reimbursed by insurance.
Section 6.5 Exempt Activities Limitation
Notwithstanding any other provision of these bylaws, no director, officer, employee, or
representative of this LEPC shall take any action or carry on any activity by or on behalf of the LEPC
not permitted to be taken or carried on by an LEPC exempt under Section 501(c)(3) of the Internal
Revenue Code and its Regulations as they now exist or as they hereafter may be amended, or by an
organization contributions to which are deductible under Section 170(c)(2) of such Code and
Regulations as they now exist or as they hereafter may be amended.
Section 6.6Amendments
(a) General. Any amendment to these bylaws must be approved by a majority vote of the
members of the LEPC.
(b)Notice of Meeting to Vote on an Amendment. If the LEPC or the members seek to have the
amendment approved by the members at a membership meeting, the Secretary of the LEPC shall give
written or electronic notice to the members of the proposed meeting, in accordance with section 2.5 or
Section 2.6.
ARTICLE VII. APPROVAL AND ADOPTION
APPROVED AND ADOPTED THIS DAY OF , 2002.
EFFECTIVE UPON APOPTION.
Current Chairperson
Past Chairperson
ATTEST:
Recording Secretary
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