PURPOSE: This amendment updates legal authority, regulations, and terminology.
PURPOSE: This rule requires each area agency on aging to have a governing body and, unless otherwise governed by local law, ordinance, or charter, specifies its composition, responsibilities, and requirements.
(1) Each area agency on aging, 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) The area agency on aging governing body shall maintain the ultimate authority and responsibility for administration of the approved area plan to provide services to older adults 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) The area agency on aging 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: (A) Officers of the governing body shall be elected by the full membership of the board;(B) No officer of the governing body shall serve in the same office for more than two (2) consecutive terms;(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;(D) Membership in the area agency on aging 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 19 CSR 15-4.105.(E) All members of the area agency on aging governing body shall serve three- (3-) year staggered terms, meaning one-third (1/3) of the membership is elected in year one (1), one-third (1/3) is elected in year two (2), and one-third (1/3) is elected in year three (3), then continue in the same manner; and(F) The area agency on aging 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 on aging to receive funding to provide services or that is currently providing services under a grant, contract, or stipend with the area agency on aging.(4) The area agency on aging 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) Meetings of the governing body must follow Robert's Rules of Order and a parliamentarian shall be designated by the board.(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) The governing body annually shall review the bylaws and update if necessary.(8) The area agency on aging 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. Amended by Missouri Register July 15, 2022/Volume 47, Number 14, effective 8/31/2022*Original authority: 660.050, RSMo 1984, amended 1988, 1992, 1993, 1994, 1995.