Section 800.90  Responsibilities of the Governing Body

a)         The governing body of an incorporated facility shall be a board of directors composed of at least five persons.  All board members shall be of reputable and responsible character.  The governing body shall be responsible for maintaining the standards set forth in this Part.

b)         The governing body of a sole proprietorship or partnership shall be the partners, owners, proprietors, members, managers, or other entity or persons legally responsible for the operation of the facility.

c)         The governing body shall:

1)         Provide written by-laws, partnership agreements, articles of organization, or statements of ownership, as applicable;

2)         Assure that the facility operates at all times with an on-site administrator who, by official notice, is made known to the Department;

3)         Hold at least two meetings annually;

4)         Keep written records or minutes of all board meetings reflecting official actions by the board;

5)         Officially notify the Department of any major changes in the corporate structure or a change in the administration of the facility, including: articles of incorporation and by-laws, partnership agreements, articles of organization, board membership, officers, ownership, and changes in services provided by the facility;

6)         Establish written policies of the facility that shall be made available to all members of the governing body and employees of the facility, including services to be provided by the facility;

7)         Assure that staff have achieved appropriate competency levels for this type of facility and are administering the facility's established policies correctly;

8)         Assure that the facility has clearly outlined procedures to ensure continuity for sex offenders residing in the Transitional Housing and sufficient linkage agreements and programs to support the sex offenders;

9)         Provide and maintain physical facilities appropriate for the program and supporting services;

10)         Maintain and keep all records and documents required by this Part in the State of Illinois where they shall be readily available for review by licensing representatives; and

11)         Assure fidelity bonding of fiscally responsible officers and employees, elected or appointed, whether or not compensated by salary, against breach of fidelity duty or the loss of monies, securities or other property that the facility may sustain through any fraudulent or dishonest act or acts committed by any officer or employee acting alone or in collusion with others.