Approved January 26, 2005
by the PAG Regional Council
Amended May 15, 2008
Article I
Name and Establishment of the Committee
The name of this Committee shall be the Pima Association of Governments' Environmental Planning Advisory Committee (EPAC), hereinafter referred to as the Committee. This Committee was established as a Standing Committee in accordance with Article II, Section 3 of the Pima Association of Governments Bylaws by unanimous vote of the Regional Council at its September 28, 1978 meeting in order to comply with provisions of the 1977 Clean Air Act, the 1977 Clean Water Act, the 1977 Resource Conservation and Recovery Act, and EPA guidelines pertaining to these acts.
Article II
Nature and Scope of Committee
The functions of this Committee are identified in the Memorandum of Agreement adopted by the Regional Council on May 26, 1999.
The EPAC shall be established as a standing advisory committee of PAG. The EPAC shall be composed of 29 voting members, with substantially equal representation from the following categories: public officials, private citizens, public interest groups and economic interests. Ex-Officio members shall include: the PAG Executive Director, the U.S. Environmental Protection Agency, Arizona Department of Health Services, Arizona Department of Environmental Quality, Arizona Department of Water Resources, Arizona State Land Department and the Davis Monthan Air Force Base. For new member jurisdictions, PAG will add one citizen representative and one public official representative to EPAC.
The EPAC shall serve as advisory to the PAG Executive Director, the PAG Management Committee and the PAG Regional Council.
The EPAC shall evaluate and make recommendations concerning the methods, techniques, and procedures used by the PAG planning staff and agency staffs in the formulation of Air Quality, Water Quality and Solid Waste plans and programs. The EPAC shall review, analyze and make recommendations to the Management Committee on the OWP/UWP. The EPAC shall review all regional Air Quality, Water Quality and Solid Waste plans and proposals and make its recommendations to the Management Committee for action by member jurisdictions and the Regional Council with respect to such plans. The EPAC may establish task forces and subcommittees comprised of representatives of member organizations as deemed appropriate for the purpose of performing specific planning functions or tasks related to the regional environmental planning program.
The EPAC shall establish bylaws to identify officers, terms of office, meeting frequency, and such other matters as deemed necessary. The bylaws must be submitted to the PAG Regional Council for approval.
Article III
General Membership
Section 1. Sources of Members
The size of the Committee, as specified by the Memorandum of Agreement, will be 29 members (excluding ex-officio members) including:
a. One representative from each of the following economic, public interest, and environmental organizations:
A local business group
The construction industry
The mining industry
The energy industry
A local natural resources conservation group
A local general public interest group
A technical/professional group or society
The University of Arizona; and
A local environmental group.
b. One Citizen representative from each PAG member jurisdiction:
City of Tucson
Town of Marana
City of South Tucson
Town of Oro Valley
Pima County
Town of Sahuarita
Pascua Yaqui Tribe
Tohono O’odham Nationc. Public officials representing each PAG member jurisdiction as follows:
City of South Tucson - one (1) representative
City of Tucson - three (3) representatives
Pima County - three (3) representatives
Town of Oro Valley - one (1) representative
Town of Marana - one (1) representative
Town of Sahuarita – one (1) representative
Pascua Yaqui Tribe - one (1) representative
Tohono O’odham Nation - one (1) representative
Section 2. Jurisdictional Voting
Member jurisdictions shall determine who shall vote on EPAC agenda items prior to EPAC meetings and shall submit to the EPAC secretary the assignment of voting privileges prior to voting.
Section 3. Alternates
Each member representative may designate up to two alternates to attend Committee meetings and vote in the absence of the member. In addition, each representative may designate an alternate to represent them on each Subcommittee.
Section 4. Appointment/Term of Office
Member organizations and individual representatives of the Committee shall be appointed by the PAG Regional Council and shall serve at the pleasure of the Regional Council.
Section 5. Representation
When a member no longer represents the agency or organization he represented at the time of appointment, the Chair shall declare the seat vacant and shall solicit names for replacement from the appropriate agency or organization from which the Regional Council can choose.
When an agency or organization is no longer able to provide representation on EPAC, the Chair shall solicit names of organizations for replacement of this group. Selected members will be appointed to an ad hoc subcommittee, which will review the qualifications of organizations, which wish to be represented on EPAC. This review will be consistent with the procedures and criteria which can be found as an Attachment to the Bylaws. A list of interested replacement groups, and an EPAC recommendation, shall be submitted, through the EPAC Chair, to the Regional Council for selection.
Section 6. Attendance
Every December, organizations and agencies whose representatives have missed 50% of the preceding year's meetings shall be notified. This information shall be made available to EPAC in January and EPAC will recommend action as it sees fit.
When a vacancy occurs by resignation or declaration of the Chair, nominees will be submitted to the Regional Council by the Committee on an as-needed basis for appointment.
Section 7. Ex-Officio Members
Ex-Officio members are non-voting members who are appointed by the Chair to serve as liaisons with groups, organizations and agencies who are not accorded voting privileges according to the Memorandum of Agreement.
Article IV
Meetings of Committee
Section 1. Quarterly Meetings
The Committee shall meet at least quarterly at a time and place set by the Chair.
Section 2. Special meetings
Special meetings shall be called as needed by the Chair, or upon written request of Committee members.
Section 3. Notice of Meetings
Notice of all meetings of the membership shall be mailed to each member and alternate at least seven (7) days prior to the meetings. An agenda will be sent with each meeting notice. Meetings shall be held in accordance with Arizona's Open Meetings Law.
Section 4. Quorum
At any scheduled meeting of the Committee, the members present shall constitute a quorum.
Section 5. Voting
Each individual member shall be entitled to one vote except for ex-officio members who are non-voting members. Proxies shall not be permitted at any meeting. Nominations and voting shall be by voice except when another form is requested. Final recommendations may be determined by a roll call vote.
Section 6. Conflict of Interest
Each Committee member is required to declare his or her conflict of interest, as defined by Arizona Revised Statutes, prior to a vote where a conflict of interest exists. Members shall refrain from voting when such a conflict exists.
Section 7. Minority Reports
Minority reports shall be distributed to each Committee member prior to dissemination to the community.
Article V
Officers
Section 1. Number and Election
Officers of the Committee shall consist of a Chair and Vice-Chair. The officers shall be elected in January by the Committee. Whenever practical, the officers shall be citizen representatives. The term of office will begin upon election.
Section 2. Term of Office
Each term of office shall be for two (2) years. Officers may not succeed themselves.
Section 3. Chair
The Chair shall preside at all meetings of the Committee. The Chair shall appoint all ex-officio members, chairpersons, and members of Subcommittees, ad hoc committees, and task forces, subject to approval by the Committee.
Section 4. Voting Rights of the EPAC Chair
The EPAC Chair is not precluded from voting by virtue of serving as Chair. He or she may choose: 1) to completely refrain from voting; 2) to vote only to break a tie; or 3) to vote in all instances. It is expected that the Chair will inform EPAC members about his or her preference for voting at the EPAC meeting.
Section 5. Vice-Chair
The Vice-Chair shall perform the duties as may be assigned by the Chair and shall assume the duties of the Chair in the event the Chair is unable to do so.
Section 6. Secretary/Staff
PAG staff shall act as Secretary at all Committee meetings. The Secretary shall keep the minutes of all meetings of the Committee. The Secretary shall have charge of all books and records and shall keep up-to-date rolls of the Committee membership, and shall perform all other duties as may be assigned by the Committee.
Article VI
Subcommittees, Ad Hoc Committees and Task Forces
Section 1. Subcommittees
Subcommittees are the standing committees for review of environmental planning programs at PAG and are established for each program area specified in the Memorandum of Agreement.
a. Unless otherwise specified by the EPAC Chair, participation on the subcommittees is open to all EPAC members, ex-officio members, and alternates, and all other interested agencies, departments, and members of the public.
b. Subcommittees are responsible for reviewing program status, outputs, proposals, and decisions and making recommendations for EPAC action based on their findings. In the event that a public hearing or other decision point is reached prior to EPAC consideration of Subcommittee recommendations, the Subcommittee Chair may advise the decision-making body of the Subcommittee recommendations provided that it is made clear that EPAC action on the item is pending. The Subcommittee Chair shall inform the EPAC Chair prior to transmittal of Subcommittee recommendations to other groups, individuals or decision makers.
c. Unless otherwise specified by the EPAC Chair, all in attendance at subcommittee meetings shall be eligible to vote.
Section 2. Ad Hoc Committees
Ad hoc committees are temporary, single issue committees assigned to develop recommendations for EPAC consideration on matters not relating to the subcommittees (such as bylaws, nominations, special projects, etc.).
a. Members are appointed by the Chair. Membership is open to all EPAC members, ex-officio members, and alternates.
b. Ad hoc committees report only to EPAC, subcommittees, or the Chair as directed by the Chair.
c. Each member appointed by the Chair has only one (1) vote.
Section 3. Task Forces
Task forces are technical oversight committees charged with monitoring a particular program element over an extended period of time.
a. Task force members are appointed by the Chair and may include EPAC members and ex-officio representatives, as well as members of the public.
b. Task forces are required to report both verbally and in writing to EPAC, or appropriate subcommittees, regarding findings or proposals on a regular and timely basis, as directed by the Chair.
c. When appropriate, EPAC shall review final Task force products prior to their adoption or acceptance by decision makers.
d. Each member appointed by the Chair has only one (1) vote.
Section 4. Staff Role
Staff members of PAG shall serve as non-voting, Technical/ Administrative support staff to all subcommittees, ad hoc committees and task forces.
Article VII
Rules of Order
In areas not mentioned in the bylaws above, Roberts Rules of Order will prevail.
Article VIII
Amendment of Bylaws
These bylaws may be amended by the Committee, subject to approval by the Regional Council.
EPAC Policies and Procedures
1. Smoking
There shall be no smoking during the course of EPAC meetings, subcommittee meetings, task force meetings or ad hoc committee meetings.
2. Procedures for Replacing Agencies or Organizations
a. The EPAC Chair shall form an ad hoc subcommittee to solicit organizations to replace those organizations which are no longer interested in serving on EPAC, to review applications for EPAC membership, and to make a recommendation to EPAC, and the EPAC Chair, regarding new group membership.
b. In order to be considered for EPAC membership, an organization must supply information regarding its mission and goals, and its general constituency (e.g., private citizens, small businesses).
c. The ad hoc subcommittee will use this information to determine which applicants are most suitable for which openings on the committee. For example, a consortium of environmental remediation companies might qualify for membership either as the business group, or as the environmental group.
d. The ad hoc subcommittee will forward appropriate information to EPAC along with a recommendation.
e. EPAC, through the EPAC Chair, will make a recommendation to the Regional Council regarding the replacement of organizations.
f. The Regional Council will make the final appointment of organizations to be represented on the Environmental Planning Advisory Committee.
3. Procedures for Identifying and Filling Member Vacancies
a. Identifying Vacancies. Vacancies will normally be identified in one of five ways:
(1) An individual serving on the committee informs PAG staff or the EPAC Chair that he or she will no longer be able to serve.
(2) An organization or jurisdiction represented on EPAC informs PAG staff or the EPAC Chair that the person serving as their official representative will no longer be able to serve.
(3) A jurisdiction informs PAG staff or the EPAC Chair that their citizen representative position has been vacated or that they would like to appoint a new citizen representative.
(4) A new jurisdiction joins PAG, and an official representative and/or citizen representative has not been appointed.
(5) A vacancy is declared by the EPAC Chair, subject to approval by a majority vote of the committee members in attendance when the vacancy is announced. A declaration of a vacancy in this manner shall occur only for representatives other than official jurisdictional representatives. Declaration of a vacancy in this manner shall be subject to approval by the Regional Council. With the exception of cases under item (c) and (d) below, PAG staff shall attempt to inform the representative and/or organization whose position is to be declared vacant prior to declaration of the vacancy. The representative and/or organization shall be informed, if feasible, of the reason for declaring a vacancy and of the meeting date on which the vacancy will be declared by the Chair. Reasons for declaring a vacancy in this manner include:[1]
(a) Poor attendance (i.e., attending fewer than 50% of the regular meetings during the previous calendar year), shall result in the member and, if appropriate the member’s sponsoring organization, being advised that improved attendance is required for continued participation. If the record of poor attendance (i.e., attending fewer than 50% of the regular meetings) continues for another three months after both the individual and the organization represented by the individual have been notified per Article III Section 6 of the EPAC Bylaws, then the Chair shall declare the position vacant. Absence without notice for a duration of three consecutive regular meetings shall constitute cause for the Chair to immediately declare a vacancy. A majority vote of the membership present shall confirm the vacancy and the Chair shall inform the PAG Regional Council of its decision and recommend a replacement (if immediately available).[2]
(b) A request by one or more committee members to replace a representative due to disruptive or offensive behavior.
(c) No records indicate that an EPAC member organization has designated an official representative, and no one representing the organization has regularly attended EPAC meetings in an official capacity in the past year.
(d) Failure to attend three consecutive meetings without notice.[3]
b. Filling Vacancies. Vacancies shall be filled using one of the following three processes:
(1) Process for PAG member jurisdiction public official representatives
(a) The jurisdiction shall provide PAG staff with a name, title, department and contact information for a representative and/or alternate nominated to fill the vacancy. The nomination shall come from the manager’s or administrator’s office of the jurisdiction, or from a department delegated by that office.(b) The nomination shall be placed on the committee’s agenda at the earliest opportunity and announced by the EPAC Chair.(c) After providing an opportunity for any current EPAC member to show cause why the nominee should not become a member, the Chair shall announce a vote by acclamation from the committee to endorse the nomination for submittal to the Regional Council. If, on a showing of cause, the committee votes against the endorsement, PAG staff will inform the jurisdiction and discuss options for filling the vacancy, including submitting a new nomination or proceeding to the Regional Council (Step 4 below) despite the lack of endorsement from EPAC.
(d) The nomination shall be submitted in a timely manner to the Regional Council with a recommendation for formal appointment. For convenience, submittal of nominations may be accomplished by annually submitting a proposed EPAC membership list, including new nominations, to the Regional Council for approval. Pending Regional Council approval, a nominee endorsed by EPAC may serve on an interim basis with full membership privileges.
(2) Process for citizen representatives of the PAG member jurisdictions
(a) The vacancy shall be announced by the EPAC Chair.
(b) PAG staff will contact the Management Committee representative of the appropriate jurisdiction to solicit nominations for filling the position. If no candidate is identified within one month, PAG staff, with the approval of the Management Committee representative, will contact departmental staff at the jurisdiction, elected officials in the jurisdiction, and/or members of the public to help the Management Committee representative identify potential nominees. PAG staff will provide the Management Committee representative or a designated jurisdictional staff person with the names of potential nominees, along with any relevant information about the potential nominees’ experience in the environmental field and/or past experience with advisory committees.(c) The Management Committee representative (or a jurisdictional or PAG staff person designated by the Management Committee representative) shall provide the EPAC Chair, in writing, with a single nomination to fill the vacancy.
(d) The nomination shall be placed on the committee’s agenda at the earliest opportunity and announced by the EPAC Chair. EPAC will be informed of the candidate’s professional affiliations and credentials, experience in the environmental field, and experience serving on advisory committees.(e) The Chair shall solicit a vote from the committee to endorse the nomination for submittal to the Regional Council. If the committee votes against the endorsement, PAG staff will inform the jurisdiction and discuss options for filling the vacancy, including submitting a new nomination or proceeding to the Regional Council (Step 6 below) despite the lack of endorsement from EPAC.
(f) The nomination shall be submitted to the Regional Council for formal appointment in a timely manner. For convenience, submittal of nominations may be accomplished by annually submitting a proposed EPAC membership list, including new nominations, to the Regional Council for approval. Pending Regional Council approval, a nominee endorsed by EPAC may serve on an interim basis with full membership privileges.
(3) Process for economic, public interest, and environmental organizations
(a) The vacancy shall be announced by the EPAC Chair.
(b) PAG staff shall contact appropriate staff of the organization and solicit nominations to fill the vacancy.
(c) The organization shall submit the nomination to PAG staff in a manner of the organization’s choosing (i.e., verbally or in writing). PAG will request the nominee’s name, contact information, professional affiliations, experience in the environmental field and experience serving on advisory committees. If no nomination is received, PAG staff will inform EPAC and discuss the possibility of replacing the organization according to the procedures included in the EPAC bylaws.(d) PAG staff shall inform the EPAC Chair of the nomination.
(e) The nomination shall be placed on the committee’s agenda at the earliest opportunity and announced by the EPAC Chair. EPAC will be informed of the candidate’s professional affiliations and credentials, experience in the environmental field, and experience serving on advisory committees.(f) The Chair shall solicit a vote from the committee to endorse the nomination for submittal to the Regional Council. If the committee votes against the endorsement, PAG staff will inform the jurisdiction and request a new nomination.
(g) The nomination shall be submitted to the Regional Council for formal appointment in a timely manner. For convenience, submittal of nominations may be accomplished by annually submitting a proposed EPAC membership list, including new nominations, to the Regional Council for approval. Pending Regional Council approval, a nominee endorsed by EPAC may serve on an interim basis with full membership privileges.
[1] This provision 3 (a) (5) was amended on May 15, 2008
[2] This provision 3 (a) (5) (a) was amended on May 15, 2008
[3] This provision 3 (a) (5) (d) was added on May 15, 2008 |