190.294. Powers and duties of the emergency services board--meetings--vacancies--rulemaking authority (Warren County). - Missouri Statutes

Powers and duties of the emergency servicesboard--meetings--vacancies--rulemaking authority(Warren County).

190.294. 1. The powers and duties of the emergency services boardshall include, but not be limited to:

(1) Planning a 911 system and dispatching system;

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

(3) Receiving money from any county sales tax authorized to be leviedpursuant to section 190.292 and authorizing disbursements from such moneyscollected;

(4) Hiring any staff necessary for the implementation, upgrade oroperation of the system;

(5) Acquiring land in fee simple, rights in land and easements upon,over, or across land and leasehold interests in land and tangible andintangible personal property used or useful for the location,establishment, maintenance, development, expansion, extension, orimprovement of the central dispatching of emergency services. Theacquisition may be by dedication, purchase, gift, agreement, lease, use, oradverse possession;

(6) Borrowing money and issuing bonds, notes, certificates, or otherevidences of indebtedness for the purpose of accomplishing any of itscorporate purposes, subject to compliance with any condition or limitationset forth in sections 190.290 to 190.296 or otherwise provided by theConstitution of Missouri;

(7) Suing and being sued, and to be party to suits, actions, andproceedings;

(8) Having and using a corporate seal;

(9) Entering into contracts, franchises, and agreements with anyperson, partnership, association, or corporation, public or private,affecting the affairs of the board;

(10) Having the management, control, and supervision of all thebusiness affairs of the board and the construction, installation,operation, and maintenance of any improvements;

(11) Hiring and retaining agents and employees and providing fortheir compensation, including health and pension benefits;

(12) Adopting and amending bylaws and any other rules andregulations;

(13) Paying all expenses connected with the first election and allsubsequent elections;

(14) Having and exercising all rights and powers necessary orincidental to or implied from the specific powers granted in this section.Such specific powers shall not be considered as a limitation upon any powernecessary or appropriate to carry out the purposes and intent of sections190.290 to 190.296;

(15) Maintaining central dispatching of emergency services for thebenefit of the inhabitants of the area comprising the district regardlessof race, creed, or color, and to adopt such reasonable rules andregulations as may be necessary to render the highest quality of thecentral dispatching of emergency services; excluding from the use of thecentral dispatching of emergency services all persons who willfullydisregard any of the rules and regulations so established; extending theprivileges and use of the central dispatching of emergency services topersons residing outside the area of the district upon such terms andconditions as the board prescribes by its rules and regulations;

(16) Purchasing insurance indemnifying the district and itsemployees, officers, volunteers, and directors against liability inrendering services incidental to the furnishing of central dispatching ofemergency services. Purchase of insurance pursuant to this section is notintended to waive sovereign immunity, official immunity, or the Missouripublic duty doctrine defenses.

2. The administrative control and management of the moneys from anycounty sales tax authorized to be levied pursuant to section 190.292 andthe administrative control and management of the central dispatching ofemergency services shall rest solely with the board, and the board shallemploy all necessary personnel, affix their compensation and providesuitable quarters and equipment for the operation of the centraldispatching of emergency services from the funds available for thispurpose.

3. The board may contract to provide services relating in whole or inpart to central dispatching of emergency services and for such purpose mayexpend the tax funds or other funds.

4. The board shall elect a vice chairman, treasurer, secretary andsuch other officers as it deems necessary. Before taking office, thetreasurer shall furnish a surety bond in an amount to be determined and ina form to be approved by the board for the faithful performance of thetreasurer's duties and faithful accounting of all moneys that may come intothe treasurer's hands. The treasurer shall enter into the surety bond witha surety company authorized to do business in Missouri, and the cost ofsuch bond shall be paid by the board of directors.

5. The board may accept any gift of property or money for the use andbenefit of the central dispatching of emergency services, and the board isauthorized to sell or exchange any such property which it believes would beto the benefit of the service so long as the proceeds are used exclusivelyfor central dispatching of emergency services. The board shall haveexclusive control of all gifts, property or money it may accept; of allinterest of other proceeds which may accrue from the investment of suchgifts or money or from the sale of such property; of all tax revenuescollected by the county on behalf of the central dispatching of emergencyservices; and of all other funds granted, appropriated or loaned to it bythe federal government, the state or its political subdivisions so long assuch resources are used solely to benefit the central dispatching ofemergency services.

6. Any board member may, following notice and an opportunity to beheard, be removed from any office by a majority vote of the other membersof the board for any of the following reasons:

(1) Failure to attend five consecutive meetings, without good cause;

(2) Conduct prejudicial to the good order and efficient operation ofthe central dispatching of emergency services; or

(3) Neglect of duty.

7. The chairperson of the board shall preside at such removalhearing, unless the chairperson is the person sought to be removed, inwhich case the hearing shall be presided over by another member elected bya majority vote of the other board members. All interested parties maypresent testimony and arguments at such hearing, and the witnesses shall besworn in by oath or affirmation before testifying. Any interested partymay, at his or her own expense, record the proceedings.

8. Vacancies on the board occasioned by removals, resignations orotherwise shall be filled by the remaining members of the board. Theappointee or appointees shall act until the next election at which adirector or directors are elected to serve the remainder of the unexpiredterm.

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

10. No person shall be employed by the board who is related withinthe fourth degree by blood or by marriage to any member of the board.

11. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections190.300 to 190.341* shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date, orto disapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2004, shall be invalid and void.

12. This section shall only apply to any county of the thirdclassification without a township form of government and with more thantwenty-four thousand five hundred but less than twenty-four thousand sixhundred inhabitants.

(L. 2004 S.B. 1329 § 190.346)

*Section 190.341 does not exist.