190.309. Emergency telephone board, powers and duties--members of the board, appointment, terms--personnel--officers--rules--removal of members--vacancies--nepotism prohibited.

Emergency telephone board, powers and duties--members of the board,appointment, terms--personnel--officers--rules--removal ofmembers--vacancies--nepotism prohibited.

190.309. 1. Any county may establish an "Emergency Telephone Service911 Board", referred to in this section as the "board". The powers and dutiesof the board may be defined by order or ordinance of the county. Such powersshall include, but not be limited to:

(1) Planning a 911 system;

(2) Coordinating and supervising the implementation, upgrading, ormaintenance of the system, including the establishment of equipmentspecifications and coding systems;

(3) Receiving moneys from any emergency telephone service tax levyauthorized by the governing body of the county pursuant to section 190.305,and authorizing disbursements from such moneys collected;

(4) Hiring any staff necessary for the implementation or upgrade of thesystem.

2. Members of the board shall be appointed by the governing body of thecounty, and shall be known as the board of directors of the emergency servicetelephone 911 board. The governing body shall appoint eleven persons to theboard. At least six of such members shall represent public safety agencies.At least nine of the board members shall be residents of the county describedin subsection 1 of this section or a county adjoining such county. All boardmembers shall be appointed to serve for a term of three years, except that ofthe first board appointed, five 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 members of the board shall not receivecompensation for their services, but may be reimbursed for their actual andnecessary expenses.

3. The administrative control and management of the county emergencytelephone 911 service shall rest solely with the board, and the board shallemploy all necessary personnel, fix their compensation, and provide suitablequarters and equipment for the operation of the facility from funds madeavailable for this purpose. Employees of the board shall be eligible formembership in the Missouri local government employees' retirement systempursuant to sections 70.600 to 70.755, RSMo.

4. The board may contract to provide services relating in whole or inpart to emergency telephone 911 service and for such purpose may expend thetax funds or other funds.

5. The board shall elect a chairman, vice chairman, treasurer, and suchother officers as it deems necessary for its membership. Before takingoffice, the treasurer shall furnish a surety bond, in an amount to bedetermined and in a form to be approved by the board, for the faithfulperformance of the treasurer's duties and faithful accounting of all moneysthat may come into the treasurer's hands. The treasurer shall enter into thesurety bond with a surety company authorized to do business in Missouri, andthe cost of such bond shall be paid by the board.

6. The board shall set rules for establishment and operation of theemergency 911 system, and shall do all other things necessary to carry out thepurposes of sections 190.300 to 190.320.

7. The board may contract with any not-for-profit corporation includingany corporation which is incorporated for the purpose of implementing theprovisions of sections 190.300 to 190.320.

8. The board may accept any gift of property or money for the use andbenefit of the emergency telephone 911 service in the county, and the board isauthorized to sell or exchange any such property which the board believeswould be to the benefit of the service so long as the proceeds are usedexclusively for emergency telephone services. The board shall have exclusivecontrol of all gifts, property or money the board may accept; of all interestor other proceeds which may accrue from the investment of such gifts or moneyor from the sale of such property; of all tax revenues collected by the countyon behalf of the emergency telephone 911 services; and of all other fundsgranted, appropriated, or loaned to the board by the federal government, thestate, or its political subdivisions so long as these resources are usedsolely to benefit the emergency telephone service in the county.

9. Any board member may, following notice and an opportunity to beheard, be removed from office by a majority vote of the other members of theboard 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 theemergency telephone service; or

(3) Neglect of duty.

10. The chairman of the board shall preside at such removal hearing,unless the chairman is the person sought to be removed, in which case thehearing shall be presided over by another member elected by the majority voteof the other board members. All interested parties may present testimony andarguments at such hearing, and the witnesses shall be sworn by oath oraffirmation before testifying. Any interested party may, at his or her ownexpense, record the proceedings.

11. Vacancies on the board occasioned by removals, resignations orotherwise shall be reported by the board chairman to the governing body of thecounty and shall be filled in like manner as original appointments; exceptthat, if the vacancy occurs during an unexpired term, the appointment shall befor only the unexpired portion of that term.

12. Individual board members shall not be eligible for employment by theboard within twelve months of termination of service as a member of the board.

13. No person shall be employed by the board who is related within thefourth degree of* consanguinity or affinity to any member of the board.

(L. 1995 H.B. 452, et al., A.L. 1996 H.B. 766, A.L. 1997 H.B. 816)

*Word "of" does not appear in original rolls.