ARTICLE I – Purpose

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.

ARTICLE II – CCBDD Members 

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.

Terms of Service   

CCBDD terms of service shall expire on June 30 of each year ending the appointed year(s) of appointment. CCBDD members may be re-appointed if so desired by the County Commission. 

Vacancies 

The board chair shall report vacancies in the board occasioned by removals, resignations or otherwise to the County Commission. The County Commission shall appoint the board member to fill the vacancy; except that, if the vacancy occurs during an unexpired term, the appointment shall be for only the unexpired portion of that term. 

ARTICLE III – Officers 

The officers of the CCBDD shall be Chairperson, Vice Chairperson, Secretary, Treasurer, and Deputy Treasurer, all of whom shall be members of the board.

Election of Officers and Term of Office  

The officers so designated shall be elected annually at the May board meeting. Upon being elected, they   shall hold the office for a term of one (1) year beginning July 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. 

ARTICLE IV – Duties of Officers

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.

ARTICLE V – Committees

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..

Special and Standing Committees 

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.

ARTICLE VI – Meetings

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 of the CCBDD

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.

CCBDD Meetings Open to Public

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.

Meetings by Remote Communication 

Board members may participate in any meeting by conference telephone or any similar means of remote communication by which all persons participating can simultaneously hear each other during the meeting. A board member participating by remote communication is considered present in person at the meeting.

Public Participation at CCBDD Meetings   

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.

Quorum

A quorum shall consist of five (5) members of the CCBDD.

Conflict of Interest

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.

Removal from CCBDD

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:

  1. Five consecutive unexcused (no notification) absences from regular board meetings.  An excused absence can be requested by the board member from the board chairperson. 
  2. Conduct prejudicial to the good order and efficient operation of the facility or services; or
  3. Neglect of duty.

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.

ARTICLE VII – Checks, Drafts

All checks, drafts or other instruments for the payment of money, notes, or indebtedness issued in the name of the CCBDD shall be signed by an officer or officers or any other person or persons as shall be determined from time by resolution of the CCBDD.

Deposits 

All moneys and other valuable effects in the name and to the credit of the CCBDD shall be deposited in the depositories designated by the CCBDD.  CCBDD may elect to invest funds with a financial institution so long as the following requirements are met: (1) CCBDD must enter into a written agreement with the elected financial institution which will act as custodian of the funds for CCBDD; (2) the funds are insured by federal deposit insurance for one hundred percent of the principal and accrued interest of the deposit; and (3) the selected financial institution arranges for the deposit of the funds in deposit accounts in one or more financial institutions within the United States, for the account of the CCBDD.   At least annually, the board shall review investment and banking procedures and determine whether such procedures are reasonable, economical, maximum yield, and provide the financial services necessary.

Fund Balance

The fund balance shall be maintained at a minimum level to meet CCBDD’s budgeted expenditures for the Fiscal Year and allow for a sufficient reserve to address emergency funding issues.

Gifts

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.

ARTICLE VIII – Books and Records

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. 

Request for Records 

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.

ARTICLE IX – Staff 

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.

ARTICLE X – Fiscal Year

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.

ARTICLE XI – Amendments 

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.

ARTICLE XII – Annual Budget and Audit

The CCBDD shall submit an annual budget as required to the County Commission.  All financial records shall be audited by an audit firm on an annual basis and such audit will be filed as required with the county.

Adopted :  January 11, 2022

Revised:    November 14, 2023

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director@capecountyboard.org