ST. LOUIS COUNTY
HAZARDOUS MATERIALS EMERGENCY RESPONSE TEAM
ARTICLES OF AGREEMENT / BYLAWS
Revised August 26, 1998 and October 29, 2003
ARTICLE I: NAME
The name of the organization shall be the St. Louis County Hazardous Materials Emergency Response Team ("the HMERT).
ARTICLE II: MEMBERS
1. CHARTER MEMBERS: The Charter members of the HMRT shall consist of members of the Metro-West Fire Protection District, the Chesterfield Fire Protection District, the Creve Coeur Fire Protection District, the City of Kirkwood Fire Department, the West County EMS & Fire Protection District, the Maryland Heights Fire Protection District, the Pattonville Fire Protection District, the Black Jack Fire Protection District, and the Spanish Lake Fire Protection District.
2. REGULAR MEMBERS: Regular Members of the HMERT shall consist of members of Fire Departments and Fire Protection Districts of St. Louis County that agree to participate with the HMERT and follow the Articles of Agreement, and are accepted by the Executive Board of the HMERT. Fire Protection Districts and Departments must have a minimum of three Hazmat Technicians to qualify for membership as a participating Department or District. (Amended October 29, 2003)
ARTICLE III: PURPOSE
The purpose of the HMERT is to provide a county wide hazardous materials/WMD response team capability, including:
(a) PROVISON AND TRAINING OF PERSONNEL
(b) OPERATIONS
ARTICLE IV: MEMBERSHIP
4.1 MEMBERSHIP
Members of accepted organizations are eligible for membership if approved by a two thirds (2/3) majority vote of the Executive Board of the HMERT. These organizations and members of this these organizations must present some specialized asset/service needed by the HMERT, i.e., chemist, industrial hygienist, heavy equipment operator, safety engineer, emergency preparedness specialist, police officer (bomb & arson), hazardous materials technician, hazardous materials specialist, etc. Said organizations must maintain appropriate insurance coverage, medical surveillance, and training for their respective members deemed members of the HMERT. All members of the HMERT must have a minimum certification level of Hazardous Materials Technician or meet HAZMED qualifications. (Amended October 29, 2003)
4.2 EXECUTIVE BOARD
The Executive Board of the HMERT shall consist of the nine Charter Member Fire Departments and Fire Districts stated in Article II. Representatives serving on the Executive Board shall govern all of the activities and operations of the HMERT.
4.3 REPRESENTATIVES
Each member organization shall designate a Representative and an Alternate Representative to serve on the STANDING COMMITTEE. Each Representative and Alternate Representative must be a full-time employee of the member organization which he/she represents and must be member of the HMERT. Representatives of the nine Charter member organizations will serve on the Executive Board.
4.4 STANDING COMMITTEE
The STANDING COMMITTEE shall consist of all members of the HMERT. Members serving on the STANDING COMMITTEE shall meet from time to time to discuss the activities of the HMERT at the call of the Chairman of the Executive Board. Members of the STANDING COMMITTEE shall be eligible to serve on Sub-Committees as appointed by the Chairman of the Executive Board.
4.5 VOTING
Each Representative shall be entitled to one (1) vote. Unless otherwise provided in these Articles all voting decisions shall be by simple majority vote of the members present at the meeting where such vote is taken. In order for a vote to be valid, a quorum of the members of the Committee or Executive Board must be present or the Chairman must have obtained enough proxy votes to equal a quorum. All votes of Committees must be presented and approved by a majority vote of the Executive Board. (Amended October 29, 2003)
4.6 QUORUM
A quorum shall consist of more than fifty percent (50%) of the members of any committee or the Executive Board.
4.7 TIE VOTES
In the event of a tie vote, the Chairman of any committee or the Executive Board, in addition to voting as a Member, may in his sole discretion have an additional vote solely for the purpose of breaking the tie. If the Chairman is not present at such meeting, then the Alternate may cast such tie breaking vote.
4.8 NEW MEMBERS
Upon the vote of two thirds (2/3) of the members of the Executive Board, a new member or member organization may be added to the HMERT.
4.9 TERMINATION OF MEMBERSHIP
If any member fails to maintain adequate training for the minimal level of Hazardous Materials Technician he/she will be subject to termination as a member of the HMERT. Members may be terminated for cause by a two thirds (2/3) vote of the Executive Board.
ARTICLE V: MANAGEMENT OF THE TEAM
5.1 REPRESENTATIVES
One person shall act as a Representative on behalf of each member organization. The Representative shall cast vote on behalf of his/her member organization.
5.2 CHAIRMAN OF THE EXECUTIVE BOARD
The Members of the Executive Board shall select from it's ranks a Chairman who shall preside at all meetings of the Executive Board and shall be a Member ex-officio of all committees formed by the HMERT. The Executive Board Chairman shall appoint all committee chairman. The Chairman shall perform such other duties as may be determined by the members. The Vice-Chairman shall act in the place and the stead of the Chairman in the event of his absence. (Amended October 29, 2003)
5.2.1 VICE-CHAIRMAN OF THE EXECUTIVE BOARD
The Members of the Executive Board shall select from it's ranks a Vice-Chairman who shall act in the absence of the Chairman. (Amended October 29, 2003)
5.3 SECRETARY/TREASURER OF THE EXECUTIVE BOARD
A Secretary/Treasurer of the Executive Board shall be selected by the members. The Secretary/Treasurer shall keep minutes of the meetings of the Executive Board and shall notify all members in writing of all regular meetings of the Board at least one week in advance of such meeting. Minutes of the previous meeting, along with the agenda of the next meeting, shall be included in the meeting notification. The Secretary/Treasurer shall also be in charge of the funds of the HMERT and shall place same in such banks as may be approved by the members. All receipts of the team shall be deposited in such account and may be withdrawn only by the order of the HMERT, signed by the Secretary/Treasurer or his alternate in the event of his absence or disability. The Charter member organizations, by and through their Executive Board Representatives, shall approve and advance all payments by the HMERT. If requested by the members, any person entitled to withdraw sums of money may be bonded at the cost of the HMERT. The Secretary/Treasurer shall keep an accurate account of all receipts and expenditures of the HMERT and render a detailed report to the membership at the regular meetings of the HMERT Executive Board. In addition the Secretary/Treasurer shall provide such other services as may be requested from time to time by the HMERT in carrying out the activities set forth herein. (Amended October 29, 2003)
5.4 AUDIT
Each year the Secretary/Treasurer shall deliver the books and the records of the HMERT to the members who shall cause the same to be audited in such manner as they may determine and as promptly as may be reasonable. (Amended October 29, 2003)
5.5 COMPENSATION
No Representative or Member Organization of the HMERT shall receive compensation for services rendered. However, they shall be reimbursed for actual expenses necessarily incurred in the performance of the duties assigned by the members.
5.6 COMMITTEES
The Chairman of the Executive Board may authorize the appointment of a Committee to carry out specific functions of the HMERT. Committees shall meet as may be necessary and shall from time to time file written reports with the Executive Board Secretary for distribution to the members.
ARTICLE VI: MEETINGS
6.1 ORDER OF BUSINESS
At regular meetings, the order of business shall be:
6.2 REGULAR MEETINGS
The regularly scheduled meetings of the HMERT shall be held on the last Wednesday of each month at such hour and place as may be determined by the members. Meetings of the HMERT will be held at the call of the Chairman of the Executive Board. (Amended October 29, 2003)
6.3 SPECIAL MEETINGS
On written request of five Members of the Executive Board filed with the Chairman, the Chairman shall call a special meeting of the Executive Board at such time and place as he may determine. The Secretary shall provide written or verbal notice of the meeting to all Executive Board Members no later than twenty-four hours prior to the Special Meeting. Committee meetings will be held at the call of the Committee Chairman, upon verbal or written notice to the Committee Members no later than twenty-four hours prior to the committee meeting.
ARTICLE VII: FUNDS AND PROPERTY
7.0 ANNUAL DUES
Member Fire Departments and Fire Districts shall pay an annual dues of $250.00. Advisory member agencies are exempt from annual dues assessments but may pay on a voluntary basis. (Amended October 29, 2003)
7.1 REIMBURSEMENT OF COSTS
If a fire department or fire district requests the response of the HMERT, that fire department or district shall be assessed the recovery costs of the teams resources used at said response. If the costs are later recovered by the HMERT from the spiller or the St. Louis County LEPC, then the recovery costs will be refunded to that fire department or district. There shall be no additional fees charged.
7.2 HAZARDOUS MATERIALS RESPONSE TEAM MUTUAL AID
If mutual aid is requested by a recognized hazardous materials response team, that requesting party shall be responsible for the recovery costs of the HMERT's resources used at said response. There shall be no additional fees charged.
7.3 ASSET INVENTORY
The Secretary will keep an inventory of all equipment showing ownership, location and current value. If a member terminates membership in the HMERT, or is terminated by a vote of the HMERT Executive Board pursuant to Article IV, Section 4.8, then the member shall be allowed to remove only the special equipment donated by the terminating member. The terminating member will forfeit its rights to any and all assets held by or belonging to the HMERT. For purposes of this Agreement, special equipment shall be defined as equipment donated by a member and specifically labeled as the property of that member. Special equipment shall be equipment whose use is generally limited to that of the member who has donated the same to the HMERT.
7.4 PURCHASES OF FUEL FOR HMERT
Purchases of fuel for HMERT vehicles will be made by credit cards issued by the St. Louis County Local Emergency Planning Committee (LEPC) under the following criteria:
ARTICLE VIII: LIABILITIES
8.1 HAZMAT TRAILER AND TOW VEHICLE
The Hazmat Trailer, tow vehicle owned by the Creve Coeur Fire District and the attachments thereto are presently insured by a policy of liability insurance purchased by the Creve Coeur Fire Protection District. A copy of said policy will be made available to members upon request. (Amended October 29, 2003)
8.2 MEDICAL SURVEILLANCE
Each member organization is responsible for maintaining medical surveillance for its personnel. Such surveillance shall include an annual physical or bi-annual physical if authorized by the team Medical Control Physician. In addition, any time that a team member has been chemically exposed during the course of his/her duties, a medical tracking and chemical exposure documentation must be initiated. Department heads shall forward, annually, a letter to the HMERT stating members have met medical surveillance requirements. (Amended October 29, 2003)
8.3 WORKER'S COMPENSATION
Each member organization is responsible for activating on duty member status in order to insure continuous worker's compensation benefits at all times.
ARTICLE IX: MISCELLANEOUS
9.1 TRAINING AND CERTIFICATION
All HMERT members must have and maintain a minimum certification of Hazardous Materials Technician. Each member organization shall maintain, and forward to the HMERT Secretary, all training records that document the required hazardous materials training and any additional related training for each of their team members.
9.2 AMENDMENTS TO BY-LAWS
These By-Laws may be amended at any regular meeting of the Executive Board by a vote of the members present. Provided, no such vote to amend these By-Laws may be called unless the proposed change has been presented in writing to the Chairman or Secretary of the Executive Board, and read to the members of the Executive Board at two regular meetings.
9.3 PARTICIPATING DEPARTMENTS, DISTRICTS AND AGENCIES
Participating Fire Departments, Fire Districts and Agencies will provide on-duty manpower (Hazmat Technicians), whenever possible, for Hazmat Incidents upon request of the HMERT Duty Officer.
9.4 HMERT COMMANDER
The Executive Board Chairman shall be the HMERT Commander and shall be the highest ranking Officer of the HMERT (Amended October 29, 2003).
9.5 HMERT DEPUTY COMMANDER
The Executive Board Vice-Chairman shall be the HMERT Deputy Commander and shall be the second highest ranking Officer of the HMERT (Amended October 29, 2003).
9.6 HMERT DUTY OFFICER
Members of the Executive Board, or any representative member in good standing, who has obtained a majority of votes of the Executive Board, may serve up to a six month tour as a Hazmat Duty Officer on a rotating basis. There shall be one Duty Officer for the north area, north of Highway 40, and one Duty Officer for the south area, south of highway 40.(Amended December 18, 2002)
ARTICLE X: STATE LAW
10.1 STATE LAW
These Articles of Agreement do not constitute a joint board or commission as described by Section 70.260 RSMo Supp. 1989 et seq. and nothing stated in the Articles of Agreement shall constitute a power as granted by said Statutes. In the event that an Article or Sub-Article of the Agreement shall be deemed to create such a joint board or commission as described by the aforementioned Statute, then that Article or Sub-Article shall be deemed to have been deleted from its inception and shall be a nullity. All other provisions of the Articles of Agreement shall remain in full force and effect and be binding upon each of the members.