PURPOSE: This rule requires each area agency to have a governing body and, unless otherwise governed by local law, ordinance or charter, specifies its composition, responsibilities and requirements.

1. (1) Each area agency, unless otherwise structured by local law, ordinance or charter 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, state, and local laws and regulations and division policies and procedures.

3. (3) The area agency governing body shall have written bylaws, ordinances or charter that define its membership, authority, responsibilities and procedures for operation. Unless specified otherwise by local laws, ordinances or charter the governing body shall comply with the requirements below:

   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 as directed by the agency’s bylaws, but at least annually;
   4. (D) Membership on the area agency governing body shall not be restricted to individuals from any specific race, creed, color, sex, religion, age, national origin, disabilities or veteran status. Elections procedures shall conform to 13 CSR 15-4.105.
   5. (E) All members of the area agency governing body shall serve three (3)-year staggered terms, meaning one-third (1/3) of the membership is elected in year one (1), onethird (1/3) is elected in year two (2), and onethird (1/3) is elected in year three (3), then continue in the same manner; and
   6. (F) 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 submitted 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.
4. (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.
5. (5) Meetings of the governing body must follow Robert’s Rules of Order and a parliamentarian shall be designated by the board.
6. (6) All meetings of the board shall be open to the public as required by section 610.010, RSMo, et seq. commonly referred to as the Sunshine Law.
7. (7) The governing body annually shall review the bylaws and update if necessary.
8. (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. 1999.* This rule was previously filed as 13 CSR 15-6.070 and 13 CSR 15-4.100. Original rule filed Jan. 6, 1986, effective April 30, 1986. Amended: Filed Feb. 17, 1988, effective June 15, 1988. Amended: Filed Aug. 28, 2000, effective March 30, 2001. Moved to 19 CSR 15-4.100, effective Aug. 28, 2001. *Original authority: 660.050, RSMo 1984, amended 1988, 1992, 1993, 1994, 1995.