Printable PDF version of BEIPC Practices and Procedures
Basin Environmental Improvement Project Commission
Board Organizational Practices and Procedures
INTRODUCTION/OVERVIEW
The Basin Environmental Improvement Project Commission (BEIPC) is established by Idaho
State law to implement, direct, and/or coordinate environmental remediation, natural resource
restoration, and related measures to address water quality and heavy metal contamination in
the Coeur d’Alene Basin of Idaho in a manner that is protective of human health and the
environment, and consistent with local, state, federal, and tribal participation, resources, and
authorities as stated in the Memorandum of Agreement for the Basin Environmental
Improvement Project Commission (2002 MOA) (dated August 13, 2002). The BEIPC works
through the direct exercise of certain authorities of the State of Idaho (as described in Idaho
Code Section 39-8106) and through its coordination with other entities and governments and
their exercise of independent authorities.
FUNCTIONS
The primary purpose and foundation of the BEIPC’s work is to implement the Record of
Decision (ROD) for Operable Unit 3 and the Upper Basin ROD Amendment
(RODA) for Operable Units 2 and 3 approved pursuant to the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA),
and implement/coordinate other plans to address heavy metal contamination in the Coeur
d’Alene Basin. Future related RODs issued by the United States Environmental Protection
Agency (US EPA), with concurrence from the Idaho Department of Environmental Quality
and the Coeur d’Alene Tribe, as appropriate, may be incorporated into the BEIPC work along
with other assignments agreed to in MOAs among cooperating parties and governments. The
BEIPC conducts its work in the Coeur d’Alene Basin of Idaho, which includes the watershed
of Coeur d’Alene Lake within the counties of Shoshone, Kootenai, and Benewah, as well as
the Coeur d’Alene Reservation located within the State of Idaho. Remedial actions,
authorities, and duties to be exercised in Washington shall be undertaken independent of the
BEIPC operational framework.
Key functions of the BEIPC Board are to:
1. Develop and approve its one and five-year work plans;
2. Develop and approve Annual Accomplishment Reports;
3. Coordinate the implementation of its work plans;
4. Appoint an Executive Director to assist the Board in administering its work plans and Basin
wide environmental activities;
5. Receive advice from the Technical Leadership Group (TLG) and Citizen Coordinating
Council (CCC) on technical, regulatory and public involvement issues before the Board;
6. Consult with, and represent the interests and concerns of, organizations,
entities, and constituenciesit represents;
7. Regularly review the membership and functionality of the two groups (TLG and CCC)
established to provide advice to the Board on technical, regulatory, and other issues; and
8. Exercise other duties as described in the Idaho Code Section 39-8106.
MEMBERSHIP
Per Idaho Code Section 39-8106(3), the Board shall include one (1) representative of the State
of Idaho and one (1) representative for each of the county Commissions of Shoshone,
Kootenai, and Benewah Counties of the State of Idaho as appointed by the Governor of the
State of Idaho. Through implementation of the 2002 MOA, the Board shall also include one
(1) representative of the State of Washington appointed by the Governor of Washington,
one (1) Tribal Council member of the Coeur d’Alene Tribe appointed by the Council of the
Coeur d’Alene Tribe, and one (1) representative of the United States of America appointed by
the President of the United States of America.
Alternates: The appointing authority of each Commissioner may designate a primary
alternate to attend and represent the appointing authority at Board meetings in the event the
authority’s Commissioner cannot attend.
Proxies: Proxies shall not be used for any purpose.
Filling Vacancies: Board vacancies shall be filled using the same process and criteria used to
establish the Board (described above and below and as summarized in Idaho Code Section 39-
8106(3)).
ORGANIZATIONAL STRUCTURE
Chairperson: The Board shall elect from its own Commissioner members a chairperson whose
term of office shall be two years and who can be re-elected. The chairperson shall be
responsible for convening and managing Board meetings and shall work with the Basin
Commission Executive Director (or staff) and the chairs of the TLG and CCC to set meeting
agendas. If a vacancy occurs, the Board shall fill such a vacancy for the unexpired term at its
next meeting.
Vice-Chairperson: The Board shall elect a vice-chairperson from its Commissioner
members or appointed Alternates whose term of office shall be two years and who can be
re-elected. The vice-chairperson shall serve as chairperson in that person’s absence at
meetings.
Secretary-Treasurer: The Board shall elect a secretary-treasurer in the same manner as the vice-chairperson. The secretary-treasurer shall serve as the chairperson in the absence of the vice-chair or chairperson at meetings.
Staff Support: To the extent resources allow, the BEIPC Board shall hire and assign staff,
including an Executive Director, to provide administrative support to the Board to support its
overall deliberations. The staff shall be responsible for making logistical arrangements,
distributing agendas and meeting materials up to ten (10) days in advance of a Board meeting,
providing for adequate public notice of the meeting and preparing Board meeting minutes. As
well, the Executive Director will help arrange opportunities for the Board to interact with the
representatives of the CCC and the TLG, and the public. The Executive Director shall consult
with the Chairperson in the event the Executive Director is requested to work on special tasks
outside normal BEIPC issues.
MEETING SCHEDULE/STRUCTURE
Meeting Schedule: The BEIPC Board shall meet at least four times per year. The Board shall
fix a predictable sequence of meeting dates. Board meetings shall occur throughout the area of
the BEIPC jurisdiction. All meetings shall be announced in area newspapers (e.g., the Coeur
d’Alene Press, Shoshone News Press, Spokesman Review, St. Maries Gazette) and shall be
posted on the BEIPC website. Meeting times and dates shall be arranged to best meet
individual Commissioner’s schedules. Commissioners can attend meetings by telephone or
videoconference if suitable arrangements can be made.
Agendas: BEIPC Board meeting agendas shall be developed by the Chairperson and Executive
Director, (or staff, if Executive Director is not available). Every effort shall be made to
circulate to the Board, the TLG, and the CCC membership and post to the BEIPC website any
agendas and meeting information at least ten (10) days in advance of the meeting. All
Commissioners shall make a strong effort to identify and notify the Chairperson and
Executive Director of any item they wish to include in the proposed meeting agenda twenty
(20) days prior to a meeting. All meeting actions items requiring a vote must be noted on the
draft meeting agendas as an “action items” posted on the BEIPC website.
Meeting Minutes: The Executive Director shall develop and circulate to the Board and TLG
and CCC Chairs for review the Board meeting draft minutes. In accordance with Idaho Open
Meeting Law (at Idaho Code 74-201–208) meeting minutes shall include a record of all
Commissioners, Alternates and BEIPC staff who are present, as well as note of all motions
and resolutions proposed and their disposition and the results of all votes. Draft meeting
minutes shall be included in the next meeting packet for approval by the Board prior to posting
on the BEIPC website and circulated to Commissioners and any other person requesting them.
Every effort shall be made to rely on electronic media. All meeting minutes and Commission
records shall be archived on the website and in BEIPC records and made available to the public
upon request in a timely manner.
Public Comment: All Basin Commission Board meetings shall be open to all interested
parties, in accordance with the Idaho Open Meeting Law (Idaho Code 67-2340 through 67-
2347). Opportunity for public comment shall be provided at every official Board meeting.
During this time members of the public shall be allowed to address the Board when recognized
by the Chairperson. The Chairperson may ask individuals to limit testimony to five minutes
per individual speaker and ten minutes per group. As well, members of the public shall be
permitted to file written statements with the Board through the Executive Director at any time.
Executive Session: By a two-thirds vote of the Commissioners, the BEIPC may hold an
executive session to continue deliberations as set forth in Idaho Code Section 74-206. No
executive session may be held for the purpose of taking any final action or making any final
decision other than those allowed in Idaho Code.
Expenses: All Commissioners serve without compensation by the BEIPC. Commissioners
may be reimbursed for expenses according to their participating governmental entity’s rules and
regulations.
DECISIONMAKING
Voting: In accordance with Idaho Code 39-8106(4), “the board shall act by majority vote
except that the vote of any Commissioner representing the State of Idaho, the Coeur d’Alene
Tribe or the United States of America, or the unanimous vote of all three (3) Commissioners
representing Shoshone, Kootenai, and Benewah Counties may veto any majority vote.”
Quorum: A quorum shall be required for any meeting of the BEIPC Board. A minimum of four
(4) Commissioners or designated Alternates shall be in attendance to constitute a quorum.
An action of the Board requires a majority vote of the Board of Commissioners or designated
Alternates or the majority vote of the quorum attending a meeting.
Good Faith: All Commissioners agree to act in good faith with respect for the interests and
concerns of other Commissioners. The Commissioners agree to establish a free, open, and
mutually respectful exchange of views, ideas, and information. Personal attacks and prejudiced
statements will not be tolerated.
Parliamentary Procedure: Robert’s Rules of Order Newly Revised shall be the authority for all
questions of procedure at any BEIPC Board meeting. The Chairperson (or vice-chair or
secretary/treasurer) shall be responsible for assuring proper procedures are followed.
Press Inquiries/Contact: In responding to inquiries from or initiating contact with the press or
other media representatives, Commissioners and the Executive Director agree to refrain from
characterizing the views of opinions expressed by any Commissioner and to exercise comity
and appropriate restraint in commenting on the Board’s deliberations and processes. Publicly
available meeting minutes will identify specific recommendations or decisions made by the
Board.
Adoption of Protocols: These Organizational Practices and Procedures become effective
when a majority of the Board votes to adopt them.
Amendments: These Organizational Practices and Procedures may be altered, amended, or
repealed and new Organization Practices and Procedures may be adopted by a majority of the
Board. These Organizational Practices and Procedures shall not be altered, amended, or
repealed, nor shall any new protocols be adopted at any regular meeting of the Board unless
notice of such is given with a ten (10) day notice.
Note:
(Amended November 10, 2021)