Effective - 09 Jul 2019, 3 histories
190.327. Board appointed, when — board elected, when — duties — commission to relinquish duties to board — qualifications — board, powers and duties — board appointed for other political subdivisions contracting for service — limitation on sales tax, Jefferson County. — 1. Immediately upon the decision by the commission to utilize a portion of the emergency telephone tax for central dispatching and an affirmative vote of the telephone tax, the commission shall appoint the initial members of a board which shall administer the funds and oversee the provision of central dispatching for emergency services in the county and in municipalities and other political subdivisions which have contracted for such service. Beginning with the general election in 1992, all board members shall be elected according to this section and other applicable laws of this state. At the time of the appointment of the initial members of the board, the commission shall relinquish to the board and no longer exercise the duties prescribed in this chapter with regard to the provision of emergency telephone service and in chapter 321, with regard to the provision of central dispatching service, and such duties shall be exercised by the board.
2. Elections for board members may be held on general municipal election day, as defined in subsection 3 of section 115.121, after approval by a simple majority of the county commission.
3. For the purpose of providing the services described in this section, the board shall have the following powers, authority and privileges:
(1) To have and use a corporate seal;
(2) To sue and be sued, and be a party to suits, actions and proceedings;
(3) To enter into contracts, franchises and agreements with any person, partnership, association or corporation, public or private, affecting the affairs of the board;
(4) To acquire, construct, purchase, maintain, dispose of and encumber real and personal property, including leases and easements;
(5) To have the management, control and supervision of all the business affairs of the board and the construction, installation, operation and maintenance of any improvements;
(6) To hire and retain agents and employees and to provide for their compensation including health and pension benefits;
(7) To adopt and amend bylaws and any other rules and regulations;
(8) To fix, charge and collect the taxes and fees authorized by law for the purpose of implementing and operating the services described in this section;
(9) To pay all expenses connected with the first election and all subsequent elections; and
(10) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this subsection. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of sections 190.300 to 190.329.
4. (1) Notwithstanding the provisions of subsections 1 and 2 of this section to the contrary, the county commission may elect to appoint the members of the board to administer the funds and oversee the provision of central dispatching for emergency services in the counties, municipalities, and other political subdivisions which have contracted for such service upon the request of the municipalities and other political subdivisions. Upon appointment of the initial members of the board, the commission shall relinquish all powers and duties to the board and no longer exercise the duties prescribed in this chapter with regard to the provision of central dispatching service and such duties shall be exercised by the board.
(2) The board shall consist of seven members appointed without regard to political affiliation. The members shall include:
(a) Five members who shall serve for so long as they remain in their respective county or municipal positions as follows:
a. The county sheriff, or his or her designee;
b. The heads of the municipal police department who have contracted for central dispatching service in the two largest municipalities wholly contained within the county, or their designees; or
c. The heads of the municipal fire departments or fire divisions who have contracted for central dispatching service in the two largest municipalities wholly contained within the county, or their designees;
(b) Two members who shall serve two-year terms appointed from among the following:
a. The head of any of the county's fire protection districts who have contracted for central dispatching service, or his or her designee;
b. The head of any of the county's ambulance districts who have contracted for central dispatching service, or his or her designee;
c. The head of any of the municipal police departments located in the county who have contracted for central dispatching service, or his or her designee, excluding those mentioned in subparagraph b. of paragraph (a) of this subdivision; and
d. The head of any of the municipal fire departments in the county who have contracted for central dispatching service, or his or her designee, excluding those mentioned in subparagraph c. of paragraph (a) of this subdivision.
(3) Upon the appointment of the board under this subsection, the board shall have the powers provided in subsection 3 of this section and the commission shall relinquish all powers and duties relating to the provision of central dispatching service under this chapter to the board.
5. An emergency services board originally organized under section 190.325 operating within a county with a charter form of government and with more than two hundred thousand but fewer than three hundred fifty thousand inhabitants shall not have a sales tax for emergency services or for providing central dispatching for emergency services greater than one-quarter of one percent. If on July 9, 2019, such tax is greater than one-quarter of one percent, the board shall lower the tax rate.
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(L. 1990 H.B. 951 § 1 subsec. 2, A.L. 1995 H.B. 452, et al., A.L. 1996 S.B. 532, A.L. 2018 H.B. 1456, A.L. 2019 S.B. 291)
Effective 7-09-19
CROSS REFERENCE:
Audit of board authorized, 190.334