PURPOSE: This rule requires each area agency to have a governing body and specifies its composition, responsibilities and requirements.

PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.

1. (1) Each area agency shall have a governing body of adequate size and structure to operate efficiently and effectively.

2. (2) The area agency governing body shall maintain the ultimate authority and responsibility for administration of the approved area plan to provide services to the elderly within the designated planning and service area in accordance with all applicable federal and state laws and regulations and division policies and procedures.

   1. (A) Officers of the governing body shall be elected by the full membership of the board.
   2. (B) No officer of the governing body shall serve in the same office for more than two (2) consecutive terms.
   3. (C) The composition, selection and purpose of standing committees shall be specified in the bylaws. Standing committees must report to the full governing board at least quarterly.

3. (3) The area agency governing body shall have written bylaws that define its membership, authority, responsibilities and procedures for operation.

   1. (A) Membership on the area agency governing body shall not be restricted to individuals from any specific race, creed, color, sex, religion, age, national origin, handicapped or veteran status. Elections procedures shall conform to 13 CSR 15-4.105.
   2. (B) All members of the area agency governing body shall serve three (3)-year staggered terms.
   3. (C) The area agency governing body shall not select, appoint or elect as a member, or ex officio member, any individual who is an owner, board member or employee of a service provider agency that has currently sub- 13 CSR 15-4

mitted a proposal to the area agency to receive funding to provide services or that is currently providing services under a grant, contract or stipend with the area agency.

1. (4) The area agency governing body shall maintain full and complete written minutes of all meetings. Upon request, these minutes shall be available for review by the division and the public.
2. (5) Meetings of the governing body must follow Robert’s Rules of Order and a parliamentarian shall be designed by the board.
3. (6) All meetings of the board shall be open to the public except for time spent on agenda items which include personnel actions, legal actions or litigation, real estate, transactions in which public knowledge may adversely affect consideration of those transactions, the development of contractual costs or other appropriate matters permitted by law.
4. (7) The governing body annually shall review the bylaws and update if necessary.
5. (8) The area agency governing body, within thirty (30) days, shall notify the division of any changes it makes in its corporate status, administrative status, staff, location or telephone number.

AUTHORITY: section 660.050, RSMo Supp. 1987.* This rule was previously filed as 13 CSR 15-6.070. Original rule filed Jan. 6, 1986, effective April 30, 1986. Amended: Filed Feb. 17, 1988, effective June 15, 1988. *Original authority 1984, amended 1988.