SERC BYLAWS Emergency Planning and Community Right-to-Know

Adopted:  June 9, 1993 Amended: April 13, 1994 Amended: April 12, 1995 Amended: December 13, 2000 Amended: February 13, 2003 Amended: December 10, 2003

ARTICLE I - NAME

This organization shall be known as the Delaware State Emergency Response Commission hereinafter referred to as the "SERC."

ARTICLE II - MISSION

The mission of the SERC is to protect public health, safety and the environment by ensuring effective and efficient use of resources to plan for the response to incidents involving hazardous and other toxic substances. The SERC shall also ensure citizens are provided emergency and hazardous chemical inventory information upon request in accordance with the state and federal laws which it is charged with implementing. In carrying out this commitment, the SERC shall foster inter-governmental coordination at the local, state and federal levels.

ARTICLE III - PURPOSE

The duties and activities of the SERC are those set forth by Title 16, Chapter 63, of the Delaware Code, which establishes the SERC to implement the requirements of the "Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986," enacted by the U.S. Congress, and other duties as defined in Title 16, Chapter 63, of the Delaware Code.

ARTICLE IV - MEMBERSHIP

Section 1. Members.

Composition of the SERC is established by Delaware Code, Title 29, Section 8226, and Title 16, Section 6301. All appointed members may be re-appointed at the end of their two-year term. The SERC shall be composed of the members representing the following organizations:

• Secretary of Public Safety
• Secretary of Transportation
• Superintendent of State Police
• Director of Delaware Emergency Management Agency
• Director of the Division of Air and Waste Management
• State Fire Marshall
• Director of the Division of Public Health
• Director of the Delaware State Fire School
• Representative of the State Fire Prevention Commission
• Industry member representing transportation by rail to be appointed by the governor for a two-year term
• Industry member representing transportation by air to be appointed by the governor for a two-year term
• Industry member representing transportation by highway to be appointed by the governor for a two-year term
• Industry member representing transportation by water to be appointed by the governor for a two-year term
• Member representing shippers of hazardous materials to be appointed by the governor for a two-year term
• Member representing users of hazardous materials to be appointed by the governor for a two-year term
• Member representing consignees of hazardous materials to be appointed by the governor for a two-year term
• Member appointed by the Delaware State Firemen's Association for a two year term
• The Chairman of each of the Local Emergency Planning Committees as designated by the State Emergency Response Commission

Section 2.  Inactive Members.

Members shall be considered inactive when they have missed more than two consecutive scheduled SERC meetings without written notification to the SERC Chair or staff of the reason why they were unable to attend the meetings. The Commission will review inactive membership status and may provide SERC membership appointment recommendations to the Governor.

Section 3. Removal of Members.

Members of the SERC, if they become inactive, may be removed by the Governor.

Section 4. Vacancies.

Vacancies in appointed membership of the SERC shall be filled by the Governor for the remainder of the unexpired term, except for the member appointed by the Delaware State Firemen's Association. A vacancy of that member shall be filled by the Delaware State Firemen's Association for the remainder of the unexpired term.

ARTICLE V - OFFICERS AND DUTIES

Section 1. Officers.

The officers of the SERC shall consist of a Chair and Vice Chair.

Section 2. Named.

The Secretary of Public Safety shall serve as Chair of the SERC. The Director of the Division of Air and Waste Management shall serve as Vice Chair of the SERC.

Section 3. Duties of the Chair.

The Chair shall provide an agenda for each meeting, preside at all meetings of the SERC, preserve order during its meetings, appoint special committees, appoint members of standing committees with the approval of the SERC, serve as an ex-officio member of such committees, sign all documents connected with the activities of the SERC requiring such signature, and be responsible for implementing the policies adopted by the SERC.

Section 4. Duties of the Vice Chair.

In the absence of the Chair or in the event of the Chair's inability or refusal to act, the Vice Chair, unless otherwise determined by the SERC, shall perform the duties of the Chair, and when so acting shall have all the powers of the Chair. The Vice Chair shall exercise such other duties as from time to time may be assigned by the Chair or the SERC.

Section 5.  Presiding Officer.

In the event that both the Chair and the Vice Chair are absent, the remaining members shall elect a presiding officer from the members present. The presiding officer shall serve only for that meeting or until the Chair or Vice Chair arrives.

ARTICLE VI - STAFF

Section 1. Personnel.

Administrative support for the SERC shall be provided by the Delaware Emergency Management Agency. The Division Director shall appoint an Executive Director to carry out SERC affairs under the direction and oversight of the SERC.

ARTICLE VII - MEETINGS

Section 1. Regular Meetings.

The SERC shall meet quarterly for regular meetings. Meeting dates shall be established as follows or at the call of the Chair:

(1)  Second Wednesday of March.
(2)  Second Wednesday of June.
(3)  Second Wednesday of September.
(4)  Second Wednesday of December

Meetings shall be held at a time and location determined by the Chair. Meetings canceled due to unforeseen circumstances shall be rescheduled by the Chair and conducted within thirty days of the regular meeting date.

Section 2. Special Meetings.

The Chair may call such special meetings as may be deemed necessary to carry out the duties of the SERC. Upon the written request of at least four members, the Chair shall call a special meeting within ten days. Special meetings may be conducted by telephone conference if conditions warrant.

Section 3.  Quorum.

A quorum (eleven members) shall consist of a majority of SERC members and designated proxies. (Hereafter the words "SERC member(s)" shall refer also to designated proxies.) A quorum shall be required to transact business.

Section 4. Notice of Meetings.

Notice of the time, place and agenda items to be considered at each meeting shall be given in writing by the staff to all members at least one week prior to each meeting. Any matters not appearing on the agenda may be considered upon a favorable vote of a majority of the members present to do so. Notice of special meetings and intended agenda items for special meetings shall be given by the staff to all SERC members in writing or by phone at least one week in advance of any special meeting.

Section 5. Filing of Written Material.

All written material related to a matter to be decided by the SERC shall be delivered to members by the party presenting the material at least one week before a regular meeting and at least one day before a special meeting, unless otherwise specified by the SERC.

Section 6. Rules of Order.

The deliberation of all meetings of the SERC and its various committees shall be governed by Robert's Rules of Order, Newly Revised, when not inconsistent with these bylaws, or with special rules of order adopted by the SERC.

Section 7. Minutes of Meetings.

Accurate minutes of all SERC meetings shall be maintained by the SERC staff. Minutes shall include, but not be limited to, a record of all SERC actions, a record of attendance at meetings and a summary of SERC discussion. The minutes of each meeting shall be mailed to each SERC member at least one week prior to each meeting.

Section 8. Participation of Members of the Public.

Members of the public shall be encouraged to attend all regular and special meetings. Public notice of meetings shall be consistent with the provisions of the Delaware Freedom Of Information Act. An opportunity shall be provided at each meeting for members of the public to address the SERC.

ARTICLE VIII - VOTING

Section 1. One Vote Each.

Each SERC member shall be entitled to one vote. The Chair shall have no vote except in case of a tie. The Vice Chair or Presiding Officer is entitled to vote when serving as Chair.

Section 2. Participation of Proxies.

SERC members may designate, in writing, a proxy for meetings. Proxies may participate and vote in SERC deliberations.

Section 3. Abstentions.

Members may register their abstention on any vote which shall be reflected in the minutes, and members are encouraged to abstain on matters which would pose for them a conflict of interest.

ARTICLE IX - COMMITTEES

Section 1. Standing Committees.

The following committees shall be standing committees of the SERC: Finance and Budget Committee, Information and Technology Committee, Planning and Training Committee, and the Decontamination Trailer Committee. Term of office for Committee Chairs will be for a period of one year. Renewal of term or replacement of Committee Chair will be at the discretion of the SERC by majority vote.

Section 2. Special Committees.

When deemed necessary to carry out SERC work, the SERC Chair may appoint a special committee with specific duties. Once the duties of a special committee have been carried out, that committee will cease to exist.

Section 3. Membershipof Committees.

The SERC Chair will appoint each standing committee chair and committee members with SERC approval. Each standing committee shall be chaired by a voting member of the SERC. Each special committee shall be appointed by the SERC Chair. The membership of the committees may include non-SERC members when their addition is desirable to facilitate the committee's work, and they shall enjoy full voting privileges on the committee.

Section 4. Committee Reports.

Each standing committee and special committee shall deliver a report of that committee's activities during each regular SERC meeting.

Section 5. Committee Actions.

All committee actions are subject to approval by the SERC unless the SERC has specifically delegated approval authority.

ARTICLE X - REPORTS AND RECOMMENDATIONS

Section 1. Resolutions.

All resolutions submitted for consideration by the SERC may be adopted or first referred to an appropriate committee for review, consideration and its recommendation if necessary.

Section 2. Annual Report.

The SERC shall publish an annual report based on fiscal year (July 1 - June 30) describing its activities. The report shall be published October of each year. Upon approval by the SERC, the report shall be transmitted by the Chair to the Governor and then made available to other state and local agencies, including the Local Emergency Planning Committees. The report shall be made available to the general public upon request.

Section 3. Review of Draft Reports.

A draft of the proposed annual report shall be circulated to all members of the SERC at least fourteen days prior to consideration by the full SERC at a regularly scheduled meeting.

Section 4. Issuance of Reports and Statements.

No report or statement shall be released in the name of the SERC unless it has been adopted by a favorable vote of a majority of the SERC members present in accordance with Article 7, Section 3.

Section 5. Legislative Recommendations.

The SERC may make recommendations to the Secretary of the Department of Public Safety concerning legislation that bears upon the duties and responsibilities of the SERC. Such recommendations shall not be considered as final until approved a three-fourths majority of the entire membership following a period of review of not less than two weeks.

ARTICLE XI - AMENDMENTS

These bylaws may be amended or replaced upon the affirmative vote of a three-fourths majority of the entire membership of the SERC at any meeting of the SERC provided that any proposed changes have been circulated to all members two weeks prior to any action thereon.

Last Updated: Thursday November 09 2006