Effective - 28 Aug 1993
205.970. Board of directors, appointment, qualifications, terms, officers, powers and duties — vacancies and removal from office, procedure. — 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 a board of directors consisting of a total of nine members, two of whom shall be related by blood or marriage within the third degree to a handicapped person as defined in section 205.968, and four of whom shall be public members. At least seven of the board members shall be residents of the county or city not within a county where the facility is located. After September 28, 1979, all board members shall be appointed to serve for a term of three years, except that of the first board appointed after September 28, 1979, three members shall be appointed for one-year terms, three members for two-year terms and three members for three-year terms. Board members may be reappointed. The directors shall not receive compensation for their services, but may be reimbursed for their actual and necessary expenses.
2. The administrative control and management of the facility shall rest solely with the board, and the board shall employ all necessary personnel, fix their compensation, and provide suitable quarters and equipment for the operation of the facility from funds made available for this purpose.
3. Notwithstanding any provision of law to the contrary, and irrespective of whether or not a county sheltered workshop or residence facility has been established, the board may contract to provide services relating in whole or in part to the services which the board may provide to handicapped persons as defined in this law and for such purpose may expend the tax funds or other funds.
4. The board shall elect a chairman, vice chairman, treasurer, and such other officers as it deems necessary for its membership. Before taking office, the treasurer shall furnish a surety bond, in an amount to be determined and in a form to be approved by the board, for the faithful performance of his duties and faithful accounting of all moneys that may come into his hands. The treasurer shall enter into the surety bond with a surety company authorized to do business in Missouri, and the cost of such bond shall be paid by the board of directors.
5. The board shall set rules for admission to the facility, and shall do all other things necessary to carry out the purposes of sections 205.968 to 205.972.
6. The board may contract with any not-for-profit corporation including any corporation which is incorporated for the purpose of implementing the provisions of sections 178.900 to 178.970 for any common services, or for the common use of any property of either group.
7. The board may accept any gift of property or money for the use and benefit of the facility, and the board is authorized to sell or exchange any such property which it believes would be to the benefit of the facility so long as the proceeds are used exclusively for facility purposes. The board shall have exclusive control of all gifts, property or money it may accept; of all interest or other proceeds which may accrue from the investment of such gifts or money or from the sale of such property; of all tax revenues collected by the county on behalf of the facilities or services; and of all other funds granted, appropriated, or loaned to it by the federal government, the state, or its political subdivisions so long as these resources are used solely to benefit the facility or related services except those paid for transportation purposes under the provisions of section 94.645.
8. Any board member may, following notice and an opportunity to be heard, be removed from office by a majority vote of the other members of the board 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 the facility or services; or
(3) Neglect of duty. The chairman of the board shall preside at such removal hearing, unless he or she is the person sought to be removed. In which case the hearing shall be presided over by another member elected by the majority vote of the other board members. All interested parties may present testimony and arguments at such hearing, and the witnesses shall be sworn by oath or affirmation before testifying. Any interested party may, at his or her own expense, record the proceedings.
9. Vacancies in the board occasioned by removals, resignations or otherwise shall be reported by the board chairman to the mayor's office of a city not within a county or the county commission or county executive officer and shall be filled in like manner as original appointments; except that, if the vacancy occurs during an unexpired term, the appointment shall be for only the unexpired portion of that term.
10. Individual board members shall not be eligible for employment by the board 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 the third degree by blood or by marriage to any member of the board.
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(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)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 205 - County Health and Welfare Programs
Section 205.010 - Petition of voters — maximum tax rate — submission of question.
Section 205.020 - Form of ballot — vote necessary to adopt.
Section 205.041 - Trustees, election, ballot — vacancies, how filled.
Section 205.042 - Trustees — organization — powers and duties — expenses.
Section 205.050 - Purpose of health center.
Section 205.060 - Limitations on use of facilities.
Section 205.070 - Center may accept gifts.
Section 205.080 - Building plans — bids.
Section 205.090 - Report to county commission — estimated budget.
Section 205.100 - Director of public health center — appointment.
Section 205.110 - Qualifications of employees.
Section 205.120 - No discrimination in healing methods.
Section 205.141 - Tax levy noncharter first class counties, exception.
Section 205.150 - Determination of tax levy (first class counties).
Section 205.160 - Establishment and maintenance of hospitals — bonds.
Section 205.161 - County commission may issue revenue bonds — purpose — how payable.
Section 205.162 - Bonds, rate, denomination, maturity — negotiable.
Section 205.165 - Investment of moneys in an investment company, when.
Section 205.170 - Board of trustees — tenure — vacancies.
Section 205.180 - Election of trustees, when required — ballot.
Section 205.195 - Bylaws of board of trustees, contents — applications to practice, contents.
Section 205.210 - Hospital tax levy (first class charter counties).
Section 205.220 - Determination of tax levy (first class counties).
Section 205.230 - Appropriation of general fund, when.
Section 205.240 - Property condemned, when.
Section 205.250 - Specifications — bids — notice.
Section 205.260 - Jurisdiction of towns.
Section 205.270 - Beneficiaries of hospital.
Section 205.280 - Board to prescribe rules.
Section 205.290 - Title to donations.
Section 205.300 - Equal privileges to practitioners — rights of patient.
Section 205.310 - Training school for nurses.
Section 205.320 - Board to provide detention room.
Section 205.330 - Board to determine charity patients.
Section 205.340 - Tuberculous residents, how cared for.
Section 205.350 - County commission may purchase land for county hospitals — issuance of bonds.
Section 205.360 - County poor to be kept in county hospital.
Section 205.370 - County commission to make rules and regulations — expenses, how paid.
Section 205.371 - Revenue bonds authorized, when — not an indebtedness of the issuing authority.
Section 205.374 - County hospital property, sale of, procedure for, receipts, how used.
Section 205.379 - Authority to employ counsel granted — counsel, how paid.
Section 205.460 - Tax for hospital purposes — petition for election.
Section 205.470 - County commission to appoint board of trustees.
Section 205.480 - Vacancies, how filled.
Section 205.490 - Members shall elect officers, adopt bylaws — quorum.
Section 205.500 - Treasurer to give bond.
Section 205.510 - Secretary — salary — duties — compensation of treasurer.
Section 205.520 - Board to control expenditures — employ help.
Section 205.530 - Meeting of board — report.
Section 205.540 - Bequests and donations accepted by trustees.
Section 205.550 - Special taxes for hospital collected as township taxes.
Section 205.560 - Discontinuance of tax, when — disposition of property.
Section 205.565 - Grants for caring communities programs.
Section 205.765 - Health and welfare department authorized — certain counties excepted.
Section 205.767 - Director of health and welfare, appointment, compensation, assistants.
Section 205.780 - Additional powers of board — employees (second class counties).
Section 205.800 - Board, organization (second class counties).
Section 205.810 - Treasurer — bond — duties (second class counties).
Section 205.820 - Board — records — reports (second class counties).
Section 205.830 - Board to furnish relief — investigations — prosecutions (second class counties).
Section 205.840 - Board of police commissioners to aid social welfare board (second class counties).
Section 205.860 - Compensation fixed by county commission (third and fourth class counties).
Section 205.880 - May be agent for department of social services (third and fourth class counties).
Section 205.910 - Cooperation with state employment bureaus (third and fourth class counties).
Section 205.930 - Investigation of poor, sick and delinquent (third and fourth class counties).
Section 205.940 - Records of cases kept (third and fourth class counties).
Section 205.950 - Report of work and proceedings (third and fourth class counties).
Section 205.961 - Family support division to regulate.
Section 205.963 - Food stamps not to be distributed unless county has program, exceptions.
Section 205.964 - Reimbursement to federal government, how made.
Section 205.968 - Facilities authorized — persons to be served, limitations, definitions.
Section 205.971 - Tax levy, approval, use.
Section 205.972 - Maximum tax — ballot form.
Section 205.973 - Employers of workshop participants not liable for city head tax.
Section 205.975 - Definitions.
Section 205.976 - Department to establish service areas.
Section 205.977 - Tax authorized.
Section 205.979 - Election — notice — ballot form — how conducted.
Section 205.980 - Tax to be levied and collected, when — rate — deposit of funds collected.
Section 205.981 - May contract for services — length of contract.
Section 205.983 - Joint financing, procedure — treasurer to be bonded.
Section 205.985 - Existing facilities may be utilized.
Section 205.986 - Powers and duties of board of trustees.
Section 205.987 - Duties of department as to standards — to be met, when.
Section 205.988 - Additional duties of department.
Section 205.989 - Payment for services — services not to be denied for inability to pay.