42.012. Executive director, qualifications--appointment--compensation--powers and duties.

Executive director, qualifications--appointment--compensation--powersand duties.

42.012. 1. The commission shall have as its chief administrativeofficer an executive director, who shall be in charge of the staff of thecommission and responsible for execution of the duties vested in thecommission pursuant to this chapter. The executive director shall have servedin military forces of the United States and have been honorably dischargedtherefrom. The executive director shall be appointed by and serve at thepleasure of the commission, and the commission shall fix his or hercompensation as provided by law.

2. In carrying out the purposes and duties of the commission pursuant tothis chapter, the executive director shall:

(1) Exercise for the commission the powers and duties of an appointingauthority pursuant to chapter 36, RSMo, to employ, with the consent of thecommission, a staff composed of such professional, technical and clericalpersonnel as necessary to carry out the purposes of the commission and setcompensation for such staff within the appropriations made for that purpose;provided, that no person shall be employed as an administrative assistant oras a veterans' service officer who has not served in the military forces ofthe United States and been honorably discharged therefrom. All members of thestaff of the commission, except the executive director and his or her deputy,shall be employed pursuant to the provisions of the state merit system law,chapter 36, RSMo;

(2) Accept appointment as the attorney in fact by proper written powerof attorney executed by veterans or their dependents or legal representativesas necessary to accomplish the purposes of sections 42.002 to 42.135 andsection 143.1001, RSMo;

(3) Accept, in carrying out the purposes of sections 42.002 to 42.135and section 143.1001, RSMo, and for no other purpose, grants of services,personnel or money from any federal agency or any political subdivision of thestate desiring to participate in the work of the executive director;

(4) Accept and distribute any federal or state funds which are availablefor veterans of the military forces of the United States, and, if a bond isrequired as a condition to securing such funds, to execute the bond required;

(5) Have access to all pertinent records of state agencies, notdesignated as confidential records pursuant to any law of this state, andpolitical subdivisions of this state, that may be of assistance inaccomplishing the purposes of sections 42.002 to 42.135 and section 143.1001,RSMo. Upon the written request of the executive director, the person incharge of any such record shall furnish the executive director, withoutcharge, authenticated or certified copies of the records requested;

(6) Have control of all veterans' cemeteries that are owned, purchased,leased, or provided by the state solely for the burial of veterans andeligible dependents as defined by the Department of Veterans Affairs or asuccessor federal agency. In the name of the state of Missouri, the executivedirector may acquire by purchase and may receive by donation or dedication anyproperty which may be used for veterans' cemetery purposes. The executivedirector shall accept and receive any federal or state funds which areavailable for veterans' cemetery purposes.

3. The executive director shall have a seal of office and may administeroaths and acknowledge powers of attorney in favor of himself or herself, orany veterans' organization chartered by act of Congress of the United States.

(L. 1989 H.B. 850, A.L. 1998 H.B. 1718)