Introduction

PURPOSE: This rule establishes guidelines to assist the Missouri Housing Development Commission in the implementation of the Missouri Housing Trust Fund and allows the commission to comply with the provisions of H.B. 1745 (1994) (affordable housing). This rule applies solely to the designated funds received from the user fee established in section 59.319, RSMo, or other funds as determined by the commission. (1) Funds from the Missouri Housing Trust Fund (MHTF) shall be administered by the trust fund department. The trust fund manager shall supervise the day-to-day operations of the trust fund department. The trust fund manager shall report to the director or such other member of the Missouri Housing Development Commission’s (commission) senior management as the director may deem appropriate. (2) The trust fund department shall maintain the advisory committee to aid and enhance the overall mission of the MHTF by providing advice to the trust fund department regarding policies, procedures, and guidelines set by the trust fund department. The advisory committee shall be a public governmental body for purposes of Chapter 610, RSMo, and shall be bound to abide by that and all other applicable state laws. (A) Meetings of the advisory committee— 1. The advisory committee shall meet on a quarterly basis with the dates of such meetings to be set by the trust fund manager and/or the director; 2. In order for a meeting to be valid, a quorum of the advisory committee must be present. The number of members constituting a quorum shall be as set forth in the advisory committee’s by-laws, but in no event may a quorum be less than a majority of the members of the advisory committee; and 3. All meetings of the advisory committee shall be “public meetings,” as such term is defined in Chapter 610, RSMo. Notices of all advisory committee meetings shall be provided in a manner consistent with Chapter 610, RSMo. (B) The following individuals shall be required to attend all advisory committee meetings: 1. Members of the advisory committee; 2. The trust fund manager; and 3. All other members of the trust fund department whom the trust fund manager shall deem appropriate and/or necessary. (C) Composition of the advisory committee— 1. The advisory committee shall be composed of twenty-five (25) members, consisting of the following: A. Fifteen (15) of the members shall be representatives of agencies receiving MHTF funds from the commission for the funding year in which they are being appointed; B. Four (4) of the members shall be representatives of agencies whose applications were not selected to receive MHTF funds from the commission for the funding year in which they are being appointed; and C. Six (6) of the members shall be representatives from agencies at-large in the state (at least two (2) of which must come from the Missouri Metropolitan Continua of Care); 2. At the end of each two- (2-) year term, one-third (1/3) of the representatives of the existing Advisory Committee shall be retained. Retention of representatives shall be handled in the same manner as appointment (as set forth in 4 CSR 170-7.100(2)(D)1. below), provided, however, that in no instance may the overall composition of the advisory committee deviate from the requirements set forth in 4 CSR 170-7.100(2)(C)1.; and 3. The advisory committee shall have such officers as may be established by the advisory committee by-laws. The advisory committee by-laws shall set forth the duties of each officer, as well as any rules regarding the officer positions, including, but not limited to, processes for electing and/or replacing officers, processes for removing officers from office, and rules on term limits. (D) Appointment, resignation, and removal of advisory committee members— 1. Members of the advisory committee shall be appointed by joint decision of the director, the commission’s director of operations, and the trust fund manager. A. Appointments shall be made prior to the second advisory committee meeting every other calendar year. B. Appointees shall serve terms of two (2) years and may not serve more than three (3) consecutive terms. C. Members of the advisory committee shall not be reimbursed for their participation on the advisory committee; 2. Any member of the advisory committee may be removed upon an affirmative vote for removal by two-thirds (2/3) of the members of the entire advisory committee; 3. Any member of the advisory committee wishing to resign from the advisory committee shall submit a written resignation to the advisory committee chairman or the trust fund manager; and 4. Any member of the advisory committee who fails to attend any two (2) consecutive committee meetings during their term shall be ineligible for retention on or reappointment to the advisory committee. Failure to attend any subcommittee meeting shall not be counted toward the two (2) absence rule. (E) The advisory committee shall adopt by-laws governing its operation and shall keep a current copy of its by-laws on file with the trust fund manager. The by-laws may be amended, repealed, or modified by an affirmative vote of the majority of the advisory committee members at a regularly scheduled meeting, provided that any proposed changes are mailed to all advisory committee members at least two (2) weeks prior to the meeting where such vote is to be held. If any provision in the by-laws of the advisory committee conflicts with any rules established in these regulations or the state housing act, such provision in the by-laws shall be null and void. (3) The commission staff shall, pursuant to the provisions of this chapter, provide application forms to housing provider organizations wishing to apply for, in whole or in part, grants or loans from the MHTF for the development of housing stock and/or to provide housing assistance to low income persons. AUTHORITY: section 215.030(5), (12), and (19), RSMo 2000.* Material in this rule was originally filed as 4 CSR 170-7.010. Original rule filed Nov. 30, 2011, effective June 30, 2012. *Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.