State Codes and Statutes

Statutes > Missouri > T12 > C205 > 205_970

Board of directors, appointment, qualifications, terms, officers,powers and duties--vacancies and removal from office, procedure.

205.970. 1. When approved by the voters pursuant to section 205.971,the governing body of the county or city not within a county shall appoint aboard of directors consisting of a total of nine members, two of whom shall berelated by blood or marriage within the third degree to a handicapped personas defined in section 205.968, and four of whom shall be public members. Atleast seven of the board members shall be residents of the county or city notwithin a county where the facility is located. After September 28, 1979, allboard members shall be appointed to serve for a term of three years, exceptthat of the first board appointed after September 28, 1979, three membersshall be appointed for one-year terms, three members for two-year terms andthree members for three-year terms. Board members may be reappointed. Thedirectors shall not receive compensation for their services, but may bereimbursed for their actual and necessary expenses.

2. The administrative control and management of the facility shall restsolely with the board, and the board shall employ all necessary personnel, fixtheir compensation, and provide suitable quarters and equipment for theoperation of the facility from funds made available for this purpose.

3. Notwithstanding any provision of law to the contrary, andirrespective of whether or not a county sheltered workshop or residencefacility has been established, the board may contract to provide servicesrelating in whole or in part to the services which the board may provide tohandicapped persons as defined in this law and for such purpose may expend thetax funds or other funds.

4. The board shall elect a chairman, vice chairman, treasurer, and suchother officers as it deems necessary for its membership. Before takingoffice, the treasurer shall furnish a surety bond, in an amount to bedetermined and in a form to be approved by the board, for the faithfulperformance of his duties and faithful accounting of all moneys that may comeinto his hands. The treasurer shall enter into the surety bond with a suretycompany authorized to do business in Missouri, and the cost of such bond shallbe paid by the board of directors.

5. The board shall set rules for admission to the facility, and shall doall other things necessary to carry out the purposes of sections 205.968 to205.972.

6. The board may contract with any not-for-profit corporation includingany corporation which is incorporated for the purpose of implementing theprovisions of sections 178.900 to 178.970, RSMo, for any common services, orfor the common use of any property of either group.

7. The board may accept any gift of property or money for the use andbenefit of the facility, and the board is authorized to sell or exchange anysuch property which it believes would be to the benefit of the facility solong as the proceeds are used exclusively for facility purposes. The boardshall have exclusive control of all gifts, property or money it may accept; ofall interest or other proceeds which may accrue from the investment of suchgifts or money or from the sale of such property; of all tax revenuescollected by the county on behalf of the facilities or services; and of allother funds granted, appropriated, or loaned to it by the federal government,the state, or its political subdivisions so long as these resources are usedsolely to benefit the facility or related services except those paid fortransportation purposes under the provisions of section 94.645, RSMo.

8. Any board member may, following notice and an opportunity to beheard, be removed from office by a majority vote of the other members of theboard for any of the following grounds:

(1) Failure to attend five consecutive meetings, without good cause;

(2) Conduct prejudicial to the good order and efficient operation of thefacility or services; or

(3) Neglect of duty. The chairman of the board shall preside at such removal hearing, unless he orshe is the person sought to be removed. In which case the hearing shall bepresided over by another member elected by the majority vote of the otherboard members. All interested parties may present testimony and arguments atsuch hearing, and the witnesses shall be sworn by oath or affirmation beforetestifying. Any interested party may, at his or her own expense, record theproceedings.

9. Vacancies in the board occasioned by removals, resignations orotherwise shall be reported by the board chairman to the mayor's office of acity not within a county or the county commission or county executive officerand shall be filled in like manner as original appointments; except that, ifthe vacancy occurs during an unexpired term, the appointment shall be for onlythe unexpired portion of that term.

10. Individual board members shall not be eligible for employment by theboard within twelve months of termination of service as a member of the board.

11. No person shall be employed by the board who is related within thethird degree by blood or by marriage to any member of the board.

(L. 1969 S.B. 40 § 3, A.L. 1975 H.B. 240, A.L. 1977 S.B. 359, A.L. 1979 H.B. 797, A.L. 1984 H.B. 1385, A.L. 1993 S.B. 366)

State Codes and Statutes

Statutes > Missouri > T12 > C205 > 205_970

Board of directors, appointment, qualifications, terms, officers,powers and duties--vacancies and removal from office, procedure.

205.970. 1. When approved by the voters pursuant to section 205.971,the governing body of the county or city not within a county shall appoint aboard of directors consisting of a total of nine members, two of whom shall berelated by blood or marriage within the third degree to a handicapped personas defined in section 205.968, and four of whom shall be public members. Atleast seven of the board members shall be residents of the county or city notwithin a county where the facility is located. After September 28, 1979, allboard members shall be appointed to serve for a term of three years, exceptthat of the first board appointed after September 28, 1979, three membersshall be appointed for one-year terms, three members for two-year terms andthree members for three-year terms. Board members may be reappointed. Thedirectors shall not receive compensation for their services, but may bereimbursed for their actual and necessary expenses.

2. The administrative control and management of the facility shall restsolely with the board, and the board shall employ all necessary personnel, fixtheir compensation, and provide suitable quarters and equipment for theoperation of the facility from funds made available for this purpose.

3. Notwithstanding any provision of law to the contrary, andirrespective of whether or not a county sheltered workshop or residencefacility has been established, the board may contract to provide servicesrelating in whole or in part to the services which the board may provide tohandicapped persons as defined in this law and for such purpose may expend thetax funds or other funds.

4. The board shall elect a chairman, vice chairman, treasurer, and suchother officers as it deems necessary for its membership. Before takingoffice, the treasurer shall furnish a surety bond, in an amount to bedetermined and in a form to be approved by the board, for the faithfulperformance of his duties and faithful accounting of all moneys that may comeinto his hands. The treasurer shall enter into the surety bond with a suretycompany authorized to do business in Missouri, and the cost of such bond shallbe paid by the board of directors.

5. The board shall set rules for admission to the facility, and shall doall other things necessary to carry out the purposes of sections 205.968 to205.972.

6. The board may contract with any not-for-profit corporation includingany corporation which is incorporated for the purpose of implementing theprovisions of sections 178.900 to 178.970, RSMo, for any common services, orfor the common use of any property of either group.

7. The board may accept any gift of property or money for the use andbenefit of the facility, and the board is authorized to sell or exchange anysuch property which it believes would be to the benefit of the facility solong as the proceeds are used exclusively for facility purposes. The boardshall have exclusive control of all gifts, property or money it may accept; ofall interest or other proceeds which may accrue from the investment of suchgifts or money or from the sale of such property; of all tax revenuescollected by the county on behalf of the facilities or services; and of allother funds granted, appropriated, or loaned to it by the federal government,the state, or its political subdivisions so long as these resources are usedsolely to benefit the facility or related services except those paid fortransportation purposes under the provisions of section 94.645, RSMo.

8. Any board member may, following notice and an opportunity to beheard, be removed from office by a majority vote of the other members of theboard for any of the following grounds:

(1) Failure to attend five consecutive meetings, without good cause;

(2) Conduct prejudicial to the good order and efficient operation of thefacility or services; or

(3) Neglect of duty. The chairman of the board shall preside at such removal hearing, unless he orshe is the person sought to be removed. In which case the hearing shall bepresided over by another member elected by the majority vote of the otherboard members. All interested parties may present testimony and arguments atsuch hearing, and the witnesses shall be sworn by oath or affirmation beforetestifying. Any interested party may, at his or her own expense, record theproceedings.

9. Vacancies in the board occasioned by removals, resignations orotherwise shall be reported by the board chairman to the mayor's office of acity not within a county or the county commission or county executive officerand shall be filled in like manner as original appointments; except that, ifthe vacancy occurs during an unexpired term, the appointment shall be for onlythe unexpired portion of that term.

10. Individual board members shall not be eligible for employment by theboard within twelve months of termination of service as a member of the board.

11. No person shall be employed by the board who is related within thethird degree by blood or by marriage to any member of the board.

(L. 1969 S.B. 40 § 3, A.L. 1975 H.B. 240, A.L. 1977 S.B. 359, A.L. 1979 H.B. 797, A.L. 1984 H.B. 1385, A.L. 1993 S.B. 366)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T12 > C205 > 205_970

Board of directors, appointment, qualifications, terms, officers,powers and duties--vacancies and removal from office, procedure.

205.970. 1. When approved by the voters pursuant to section 205.971,the governing body of the county or city not within a county shall appoint aboard of directors consisting of a total of nine members, two of whom shall berelated by blood or marriage within the third degree to a handicapped personas defined in section 205.968, and four of whom shall be public members. Atleast seven of the board members shall be residents of the county or city notwithin a county where the facility is located. After September 28, 1979, allboard members shall be appointed to serve for a term of three years, exceptthat of the first board appointed after September 28, 1979, three membersshall be appointed for one-year terms, three members for two-year terms andthree members for three-year terms. Board members may be reappointed. Thedirectors shall not receive compensation for their services, but may bereimbursed for their actual and necessary expenses.

2. The administrative control and management of the facility shall restsolely with the board, and the board shall employ all necessary personnel, fixtheir compensation, and provide suitable quarters and equipment for theoperation of the facility from funds made available for this purpose.

3. Notwithstanding any provision of law to the contrary, andirrespective of whether or not a county sheltered workshop or residencefacility has been established, the board may contract to provide servicesrelating in whole or in part to the services which the board may provide tohandicapped persons as defined in this law and for such purpose may expend thetax funds or other funds.

4. The board shall elect a chairman, vice chairman, treasurer, and suchother officers as it deems necessary for its membership. Before takingoffice, the treasurer shall furnish a surety bond, in an amount to bedetermined and in a form to be approved by the board, for the faithfulperformance of his duties and faithful accounting of all moneys that may comeinto his hands. The treasurer shall enter into the surety bond with a suretycompany authorized to do business in Missouri, and the cost of such bond shallbe paid by the board of directors.

5. The board shall set rules for admission to the facility, and shall doall other things necessary to carry out the purposes of sections 205.968 to205.972.

6. The board may contract with any not-for-profit corporation includingany corporation which is incorporated for the purpose of implementing theprovisions of sections 178.900 to 178.970, RSMo, for any common services, orfor the common use of any property of either group.

7. The board may accept any gift of property or money for the use andbenefit of the facility, and the board is authorized to sell or exchange anysuch property which it believes would be to the benefit of the facility solong as the proceeds are used exclusively for facility purposes. The boardshall have exclusive control of all gifts, property or money it may accept; ofall interest or other proceeds which may accrue from the investment of suchgifts or money or from the sale of such property; of all tax revenuescollected by the county on behalf of the facilities or services; and of allother funds granted, appropriated, or loaned to it by the federal government,the state, or its political subdivisions so long as these resources are usedsolely to benefit the facility or related services except those paid fortransportation purposes under the provisions of section 94.645, RSMo.

8. Any board member may, following notice and an opportunity to beheard, be removed from office by a majority vote of the other members of theboard for any of the following grounds:

(1) Failure to attend five consecutive meetings, without good cause;

(2) Conduct prejudicial to the good order and efficient operation of thefacility or services; or

(3) Neglect of duty. The chairman of the board shall preside at such removal hearing, unless he orshe is the person sought to be removed. In which case the hearing shall bepresided over by another member elected by the majority vote of the otherboard members. All interested parties may present testimony and arguments atsuch hearing, and the witnesses shall be sworn by oath or affirmation beforetestifying. Any interested party may, at his or her own expense, record theproceedings.

9. Vacancies in the board occasioned by removals, resignations orotherwise shall be reported by the board chairman to the mayor's office of acity not within a county or the county commission or county executive officerand shall be filled in like manner as original appointments; except that, ifthe vacancy occurs during an unexpired term, the appointment shall be for onlythe unexpired portion of that term.

10. Individual board members shall not be eligible for employment by theboard within twelve months of termination of service as a member of the board.

11. No person shall be employed by the board who is related within thethird degree by blood or by marriage to any member of the board.

(L. 1969 S.B. 40 § 3, A.L. 1975 H.B. 240, A.L. 1977 S.B. 359, A.L. 1979 H.B. 797, A.L. 1984 H.B. 1385, A.L. 1993 S.B. 366)