The Cape County Board for Developmental Disabilities (CCBDD) shall administer the provisions as set forth in Section 205.968 et seq. R.S.Mo., in accordance with Cape Girardeau County ballot language passed April 1, 1975 and Missouri state law. The board shall act as the designated county entity to contract with the Missouri Department of Mental Health for the county.
The Cape County Board for the Developmentally Disabled shall be composed of nine (9) members appointed by the County Commission of Cape Girardeau County, in accordance with Section 205.970 R.S.Mo. All board members shall be appointed to serve a three-year term, unless appointed to fill a vacancy.
CCBDD terms of service shall expire on December 31 of each year ending the appointed year(s) of appointment. If any board member resigns or becomes incapacitated and unable to serve prior to the expiration of their term, the board shall notify County Commission. The CCBDD shall advertise a public notice of the vacancy and seek referrals to fill the vacant position. CCBDD members may be re-appointed if so desired by the County Commission.
The officers of the CCBDD shall be Chairperson, Vice Chairperson, Secretary, Treasurer, and Deputy Treasurer, all of whom shall be members of the board.
The officers so designated shall be elected annually at the October board meeting. Upon being elected, they shall hold the office for a term of one (1) year beginning January 1. A member may serve as Chairperson or Vice Chairperson for no more than two consecutive terms. Thereafter, a member who has served two consecutive terms in the same office may be reelected to that office provided that the member has not occupied that office for at least one year. If any officer resigns or becomes incapacitated so as to be unable to serve and perform the duties of their office, the CCBDD shall, at its next regular meeting, elect a successor from other members on the board, to serve for the unexpired term of office.
The officers shall have all the duties as may be directed and authorized by the CCBDD and the By-Laws.
Chairperson – Chairperson shall preside at all board meetings. The chairperson will sign all contracts approved by the board or designate an executive committee member to do so. The chairperson shall conduct all board correspondence or designate a member to do so.
Vice Chairperson – Vice Chairperson of the board shall perform all the duties of the chairperson of the board in the absence of the chairperson, and such other duties as may be directed and authorized by the board.
Secretary – Secretary shall keep the minutes of the board.
Treasurer – Treasurer shall keep an accurate account of the finances of the board in the books and hold the same open for inspection and examination by any member of the public at any reasonable time. The treasurer shall enter into a surety bond of sufficient value to protect the board from loss of funds. The cost of such bond shall be paid by the board.
Deputy Treasurer – Deputy Treasurer, position held by outgoing treasurer, shall assist the treasurer with the financial operations of the board and perform the duties of the treasurer in his or her absence.
The Executive Committee of Officers shall consist of Chairperson, Vice Chairperson, Secretary, and Treasurer. The CCBDD chairperson shall be the committee chairperson. .
The Executive Committee of Officers may meet at a time and place designated by the chairperson to make recommendations to the full board.
The CCBDD shall appoint any special committees as it deems necessary by majority vote. Committees of the board shall be subject to the directions of the board and its constituted officers and shall have no power to act independently unless for a specifically authorized purpose or function.
The CCBDD shall meet at least quarterly, at an agreed upon time and place. The board shall post meeting notices in compliance with the Missouri Sunshine Law by posting at least 24 hours before such meeting.
Special meetings shall be held at the directive of the chairperson or may be called at the request of any three (3) members of the CCBDD. Special meetings shall be posted at least 24 hours in advance in accordance with Missouri Sunshine Law.
All meetings and records of the CCBDD shall be open to the public except when otherwise authorized under the provision of Section 610.021 R.S. Mo et seq.
Nothing in this section shall be construed as requiring or preventing the CCBDD to hold a closed meeting, record, or vote to discuss or act upon any matter.
Phone or electronic meeting attendance and voting may be authorized when necessary.
Public Comment Section will be listed as an agenda item at each public meeting. The chairperson of the CCBDD will address each request and make determination if appropriate. Such determination by the chairperson is final unless a majority of the board present shall overrule such determination. No single topic shall have more than two (2) speakers. Speakers are limited to a maximum of five minutes to address the committee.
Public requesting to be on the agenda shall provide nine (9) copies of a written description of the content of their presentation or the nature of their request. To provide CCBDD members sufficient time to review requests, it must be submitted no fewer than ten (10) days before the scheduled board meeting.
No permanent placement of a member of the public shall be placed on the agenda.
A quorum shall consist of five (5) members of the CCBDD.
All board members and all employees of the CCBDD shall avoid any conflicts of interest and shall comply with the applicable provisions of Sections 105.450 to 105.454 R.S. Mo.
Any CCBDD member, following notice and an opportunity to be heard, may be removed from office by a majority vote of the other members of the board for any of the following grounds:
The chairperson of the CCBDD shall provide at such removal hearing, unless he or she is the person sought to be removed, in which case the hearing shall be presided over by another member elected by the majority vote of the other board members. All interested parties may present testimony and arguments at such hearing and the witnesses shall be sworn by oath or affirmation before testifying. Any interested party may, at his or her own expense, record the proceedings.
Individual board members shall not be eligible for employment by the CCBDD within twelve (12) months of resignation of service as a member of the board. No person shall be employed by the board that is related within the third degree by blood or by marriage to any member of the board.
All checks, drafts or orders for the payment of money, notes, or indebtedness issued in the name of the CCBDD shall be signed by such officer or officers, agent or agents of the board and in such manner as shall from time to time be determined by the board.
All funds of the CCBDD shall be deposited from time to time to the credit of board in such banks, trust companies, or other depository as the board may select. At least annually, the board shall review investment and banking procedures and determine whether such procedure are reasonable, economical, maximum yield, and provide the financial services necessary.
The CCBDD budget must include at least two (2) years of budget funding as the fund balance.
The CCBDD may accept, on behalf of the board, any contribution, gift, or bequest for the express purposes of Cape County Board for Developmental Disabilities. Board members shall not accept any contributions or gifts for personal use.
The CCBDD shall keep correct and completed books and records of account and shall also keep minutes of all regular and special meetings of the board. All books and records of the board may be inspected by any board member or his agent or attorney for any proper purpose at any reasonable time. In addition all public voted and all public records shall be open to the public for inspection at any reasonable time. A copy of all materials, contracts, and minutes will be provided to the Administrative Assistant to County Commission once approved by the board and with the signatures of the responsible party or parties.
A copy of the board records or minutes may be requested by a written request submitted to Chairperson or Secretary by mail or email. Upon such request, the party requesting the records will be notified within three (3) days that such request has been received and an estimate of the time and expense to produce the records requested. Charges for such request will follow the guidelines as set by Missouri state law and payment fees will be requested in advance.
The CCBDD may appoint any staff it deems necessary and fix their salaries and fringe benefits. Any appointed staff shall carry out the goals and programs of the board in service to developmentally disabled citizens of Cape Girardeau County pursuant to the job description adopted by the board.
The Fiscal Year of the Cape County Board for Developmental Disabilities shall begin the first day of January and end on the last day of December each year.
These By-Laws may be amended by the CCBDD in any regular or specially called meetings at which a quorum is present, providing that the proposed amendment has been presented at the regular meeting of the board held at least one (1) month prior to the meeting at which such amendment is presented for adoption.
The CCBDD shall submit an annual budget as required to the County Commission. All financial records shall be audited by an audit firm hired by the board on an annual basis and such audit will be filed as required with the county.
Adopted : January 11, 2022