Supporting Hands Nurse-Family Partnership

SUPPORTING HANDS NURSE FAMILY PARTNERSHIP JOINT POWERS AGREEMENT

Article 1
Enabling Authority

THIS AGREEMENT is made by and between the political subdivisions organized and existing under the Constitution and laws of the State of Minnesota, hereafter collectively referred to as “Parties”, and individually as “Party” which are signatories to this “Agreement.”

Minnesota Statutes, Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting Parties; and

Minnesota Statutes, Section 145A.17 provides that a political subdivision shall establish a program to fund family home visiting programs with children that meet the guidelines provided in the statute.

In consideration of the mutual promises and Agreements contained herein and subject to the provisions of Minnesota Statutes, Sections 471.59 and Minnesota Statute Section 145A.17 and all other applicable statutes, rules and regulations, the following Parties:


Big Stone CountyChippewa County
Douglas CountyGrant County
Kandiyohi CountyLac Qui Parle County
Lincoln CountyLyon County
McLeod County Meeker County
Murray CountyPipestone County
Pope County Redwood County
Renville CountyRock County
Stevens CountySwift County
Traverse CountyYellow Medicine County

Hereto agree as follows:


Article 2
Purpose

The Parties desire to establish a mechanism whereby they may jointly exercise powers common to each participating Party on issues requiring coordination to:

  1. Organize, govern, plan and administer a multi-county based Nurse Family Partnership Program specifically within the jurisdictional boundaries of the Parties.
  2. Provide other similar or related services and programs as determined by the Board.
  3. Establish procedures to add qualifying Parties to this Agreement.
  4. Establish a mechanism whereby additional and/or alternative programs and services may be developed for the benefit of the Parties and in furtherance of the objectives of the Parties.

Nothing in this Agreement shall act as a waiver by a participating Party of its individual power and legal authority to provide public health or community health services. Neither is it intended to modify prior agreements of the Parties to jointly provide public health or community health services.


Article 3 Name

The name of this entity shall be the Supporting Hands Nurse Family Partnership Joint Powers Board, hereinafter sometimes referred to as Supporting Hands Nurse Family Partnership.

Article 4
Agreement to Participate

4.1 Charter Members - A Party desiring to become charter member of the Supporting Hands Nurse Family Partnership shall indicate its intent by adoption of a board resolution prior to June 30, 2007.

4.2 New Members - Membership in the Supporting Hands Nurse-Family Partnership shall be open to any Minnesota county governmental unit including, but not limited to joint powers agencies, of the State of Minnesota that are deemed by the Board of the Supporting Hands Nurse-Family Partnership to qualify for membership. The Supporting Hands Nurse-Family Partnership (SHNFP) Board may define membership requirements for a new Party and may impose such conditions of membership as it deems appropriate to protect the interest of the SHNFP and to provide for the benefit of its members. Addition of a new Party shall require a majority vote of the Board.

4.3 Compliance - A Party agrees to abide by the terms and conditions of the program; including but not limited to the Nurse Family Partnership implementation agreement, Supporting Hands Nurse Family Partnership Joint Powers Agreement, bylaws, policies and procedures adopted by the Board.

4.4 - Financial Obligation - Each Party will annually contribute to the budget of the Supporting Hands Nurse Family Partnership Joint Powers as outlined in Article 8.2.2.

Article 5
Governance

5.1 Governing Board - The governing board formed pursuant to this Agreement shall be known as the Board.

  • 5.1.1 Membership - The Board shall be comprised of one representative from each Party to the agreement. Each Party shall annually appoint one county commissioner to serve on the Board. All Board members will serve two- year terms with no member serving more than three consecutive two-year terms. A withdrawing Party shall have a representative on the Board until the effective date of withdrawal as outlined in Article 11.
  • 5.1.2 Documentation – Resolutions or other documentation of designation shall be filed with the Secretary of the Board.
  • 5.1.3 Members not Employees - Members of the Board shall not be deemed to be employees of the Supporting Hands Nurse Family Partnership Joint Powers and will not be compensated for serving on the Board. For all purposes, including workers compensation, each member of the Board shall be considered to be an employee of the Party that made the appointment.

5.2 Officers of the Board - The Board shall elect a Chair and Vice Chair from its membership who shall serve through December 31st of the year when first elected and until a successor is elected.

  • 5.2.1 Election of Officers - The election of the Chair and Vice-Chair shall be conducted at the first meeting of the year. The Chair and Vice-Chair shall take office with the first meeting of the new calendar year.
  • 5.2.2 Additional Board Officers - The Board may elect or appoint such other officers as it deems necessary to conduct the affairs of the organization.
  • 5.2.3 Secretary - The Board may elect or appoint a secretary whose duties shall include taking minutes of meetings, preparation and distribution of meeting minutes and the meeting agenda to the Board; maintaining resolutions and other documents of the Supporting Hands Nurse Family Partnership; providing a financial report to the Board; participate in the development and distribution of the annual budget as directed by the Board. The secretary may be someone other than a designated board member or alternate.

5.3 Secretary Committees: - The Board shall have the authority to appoint such committees as it deems necessary to fulfill the purpose of the organization including, but not limited to:

  • Management Committee: - The Management Committee shall be a minimum of three public health directors from the Parties. Management Committee members shall be determined by the Board on an annual basis. Responsibilities of the Committee shall include:
    • Selection, orientation, management and termination of employees of the Supporting Hands Nurse Family Partnership
    • Budget preparation and management
    • Oversight of data collection procedures
    • Serving as a liaison to the National Nurse Family Partnership Program which includes ensuring compliance with fidelity standards
    • Overseeing contracts entered into by the Supporting Hands Nurse Family Partnership for services identified in Article 8.2.1.
  • 5.3.2 Other Committees: Other committees may be created by action of the Board at a duly noticed meeting.

5.4 Meetings - The Board shall meet at least annually at a time determined by the Board. The Board shall comply with Minnesota Statutes Chapter 13D (Open Meeting Law).

  • 5.4.1 Special Meetings - The Chair may convene or, upon written request of a majority of the Board, members shall convene a special meeting. Special meetings shall comply with Minnesota Statutes Chapter 13D (Open Meeting Law).
  • 5.4.2 Meeting Notices - Written notice of meetings shall be sent to Board members pursuant to Minnesota Statute Chapter 13D (Open Meeting Law) by the Secretary.

5.5 Voting - A quorum shall consist of no less than fifty-one percent (51%) of board members or alternates eligible to vote. Board actions shall be determined by a majority of the votes cast at the meeting. Abstentions shall not be counted as votes cast for the purpose of this section. Proxy votes are not permitted.

5.6 By-Laws - The Board may adopt bylaws to govern its operations. Such bylaws shall be consistent with the Agreement and applicable law.

5.7 Amendments - This Agreement may be amended from time to time as deemed necessary. Changes to this Agreement or the bylaws require a two-thirds vote of the Board as defined in Section 5.5.

5.8 Records, Accounts and Reports - The books and records, including minutes and the original fully executed Agreement of the Board, shall be subject to the provisions of Minn. Stat. Ch. 13. They shall be maintained by McLeod County located at 830 11th Street East, Glencoe, Minnesota 55336. Records, accounts and reports shall be maintained by the Secretary.

Article 6
Duties of the Board

The Board shall formulate a plan to carry out its purposes pursuant to Article 2.

Article 7
Reservation of Authority

All responsibilities not specifically set out to be jointly exercised by the Board under this Agreement are hereby reserved to the Parties.

Article 8
Powers of the Board

8.1 General Powers - The Board is hereby authorized to exercise such authority and powers common to the Parties as is necessary and proper to fulfill its purposes and perform its duties. Such authority shall include the specific powers enumerated in paragraph 8.2.

8.2 Specific Powers

  • 8.2.1 Contracts - The Board may enter into contracts necessary for the exercise of its duties and responsibilities to govern the Supporting Hands Nurse Family Partnership. The Board may take such action as is necessary to enforce such contracts to the extent available in equity or at law. Contracts let and purchases made pursuant to this Agreement shall conform to the requirements applicable to contracts required by law.

    The Board may contract with any of the Parties or others to provide budgeting/accounting and personnel services necessary or convenient for the Supporting Hands Nurse Family Partnership including, but not limited to:

    • 8.2.1.A - Collecting and dispersing funds ensuring that interest accrued on the funds of the Board remains deposited in the fund and shall be included in the annual budget as revenue
    • 8.2.1.B - Identifying grant funds
    • 8.2.1.C - Billing each Party its respective share no less than once each quarter or no more than once each month for each member’s share of the Board’s operation
    • 8.2.1.D Assisting with the selection, orientation, management and termination of employees of the Supporting Hands Nurse Family Partnership including the:
      • use or development of personnel policies and protocols for employees of the Supporting Hands Nurse Family Partnership
      • administering payroll and benefits of employees of the Supporting Hands Nurse Family Partnership
  • 8.2.2 Annual Budget - The Board shall approve a budget no later than November 1st of each year for the following calendar year.
  • 8.2.3 Insurance - The Board shall obtain liability, property and auto insurance and may obtain such other insurance it deems necessary to indemnify the Board and its members for actions of the Board and its members arising out of this Agreement.
  • Article 9
    Indemnification and Hold Harmless

    9.1 Applicability - The Supporting Hands Nurse Family Partnership Joint Powers shall be considered a separate and distinct public entity to which the Parties have transferred all responsibility and control for actions taken pursuant to this Agreement. Supporting Hands Nurse Family Partnership Joint Powers shall comply with all laws and rules that govern a public entity in the State of Minnesota and shall be entitled to the protections of M.S. 466.

    9.2 Indemnification and Hold Harmless The Supporting Hands Nurse Family Partnership Joint Powers shall fully defend, indemnify and hold harmless the Parties against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the Board and/or employees and/or the agents of the Supporting Hands Nurse Family Partnership Joint Powers. This Agreement to indemnify and hold harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota States Statutes, Section 466.04.

    To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. 1a(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party.

    The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties.

    Article 10
    Term

    This Agreement shall commence upon approval of the governing body of each Party and signature of the official with authority to bind the entity listed in Article 1.

    The Agreement shall be in effect only with respect to the Parties who have approved and signed it.

    Article 11
    Withdrawal and Termination

    11.1 Withdrawal - A Party may withdraw from the Supporting Hands Nurse Family Partnership Joint Powers by filing with the Board Chair a written notice of intent to withdraw. The Board Chair shall send a copy of the resolution of withdrawal to Supporting Hands Nurse Family Partnership Board members.

    11.2 Effective Date and Obligations Withdrawal shall be effective on the first day of the month, which is at least one full calendar year following the end of the year that the notice of withdrawal is given which shall be known as the effective date of withdrawal. A withdrawing Party is obligated to pay its annual contribution until the effective date of withdrawal. The withdrawing Party shall have no liability or obligation to the Supporting Hands Nurse Family Partnership after the effective date of withdrawal.

    11.3 Termination - This Agreement shall remain in force until a unanimous vote to dissolve the Supporting Hands Nurse Family Partnership Joint Powers is made by the Board or until the Board consists of only one Party.

    11.3.1 Effects of Termination - Termination shall not discharge any liability incurred by the Board or by the Parties during the term of the Agreement

    • 11.3.1A Financial obligations shall continue until discharged by law, this Agreement or any other agreement.
    • 11.3.1B Assets of the Supporting Hands Nurse Family Partnership Joint Powers shall be divided among the Parties as determined by the Board.

    Article 12
    Counterparts

    This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the Secretary who will maintain them at the location specified in Article 5.8.



BY-LAWS OF THE
SUPPORTING HANDS NURSE-FAMILY PARTNERSHIP
JOINT POWERS BOARD

ARTICLE I: NAME, PURPOSE

Section 1.1 - The name of the twenty county joint powers organization shall be the Supporting Hands Nurse-Family Partnership.

Section 1.2 - The purpose of the Supporting Hands Nurse-Family Partnership is to implement the Nurse-Family Partnership program in the 20 partner counties. The Nurse-Family Partnership is an effective, evidence-based intensive nurse home visiting program designed to improve the health and life-course of low-income, first-time mothers and their children.

ARTICLE II: MEMBERSHIP

Section 2.1 - Membership shall consist of one elected Commissioner appointed by each County Commission who is a party to the Supporting Hands Nurse-Family Partnership Joint Powers entity.

Section 2.2 - The addition of a new party to the Joint Powers entity shall require a majority vote of the Board and shall occur only when the Party has documented its ability to meet membership requirements. New members shall be required to pay the participation fee and meet any other requirements as approved by a quorum of the existing Joint Powers Board members.

ARTICLE III: GOVERNANCE

Section 3.1 – The Governing Board shall be the Supporting Hands Nurse-Family Partnership Joint Powers Board. The Joint Powers Board is responsible for the overall policy and direction of the Supporting Hands Nurse-Family Partnership. The Joint Powers Board may delegate some of the ongoing program administration to the Supporting Hands Nurse-Family Partnership Executive Director.

ARTICLE IV: APPOINTMENT AND TERMS OF OFFICE

Section 4.1 - Each County Commission that is a party to this entity shall annually appoint one Commissioner representative to serve on the Supporting Hands Nurse-Family Partnership Board.

Section 4.2 - Vacancies shall be filled by the respective Board member’s county with the new Board member eligible to complete the remainder of the particular Board member’s term.

Section 4.3 - Resignations from the Board must be in writing and received by the Chair. In the event that a Board member misses three consecutive meetings without justification to the Chair, the respective county entity will be advised of the absence in writing. The individual county entity shall determine if the person should be removed and a replacement appointed.

Section 4.4 - Board members shall be entitled to a per diem, travel and other necessary expenses for attending meetings and other relevant conferences and trainings from their respective county or Public Health Agency in accordance with the travel and per diem policies established by that county or Public Health Agency.

ARTICLE V: MEETINGS

Section 5.1 – The Supporting Hands Nurse-Family Partnership Joint Powers Board shall meet no less than annually at a time and location established by the Board at the first meeting of the year.

Section 5.2 - The first meeting of the calendar year will be the annual meeting. The Joint Powers Board, at the last meeting of the previous calendar year, shall set the date, time and location of the annual meeting.

Section 5.3 – The Chairperson, or a simple majority of the Joint Powers Board, may call special meetings.

Section 5.4 - Written notice of each regular meeting shall be given to each voting member not less than seven days before the meeting, and in accordance with the provisions of M.S.13D.01. At its annual meeting, the Joint Powers Board shall designate its official newspaper for the purpose of publishing official meeting notices of the Supporting Hands Nurse-Family Partnership Joint Powers Board.

  • Section 5.4.1 – Written notice of special meetings of the Board shall be made upon three days notice to all Board members, and at least three days posted notice to the public in the place and manner provided for the regular meeting. The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings.

Section 5.5 - A quorum shall consist of fifty-one percent (51%) of the Board members eligible to vote (11 members) before decisions can be made or business transacted regarding the affairs of the Supporting Hands Nurse-Family Partnership. Board actions shall be determined by a majority of the votes cast at the meeting.

Section 5.6 – Pursuant to M.S.13D.021, in the event that the Chair or designated Chair of the Supporting Hands Nurse-Family Partnership Joint Powers Board determines that an in-person meeting or a meeting conducted under section 13D.02 is not practical or prudent because of a health pandemic, or an emergency declared under Chapter 12, a personal family emergency, or adverse weather conditions that prohibit travel to the in-person meeting, one or more Board members may participate in a meeting of the Joint Powers Board, or a committee meeting, by means of conference telephone or similar communications equipment that allows all persons participating in the meeting to hear one another and hear all discussion. Participation in this manner shall constitute presence in person at such meeting.

ARTICLE VI: OFFICERS

Section 6.1 – At the first meeting of the year, the Board shall elect a Chair, a Vice-Chair and a Secretary from its membership who takes office at the first meeting of that calendar year and shall serve through the next annual meeting or until a successor is elected. A Recorder will also be appointed and in attendance at each meeting but will not have voting privileges.

  • The Chair shall convene and preside at all regularly scheduled and special Board meetings. The Chair shall see that all orders and resolutions of the Joint Powers Board are carried into effect. The Chair shall appoint all committees and shall serve as an ex-officio member of all committees.
  • The Vice-Chair shall convene and preside at Board meetings in the absence of the Chair and will chair committees on special issues as designated by the Board.
  • The Secretary shall be responsible for taking minutes of the meetings, preparing and distributing the meeting minutes and the Board agenda, and maintaining resolutions and other documents of the Supporting Hands Nurse-Family Partnership.
  • The Recorder will be a staff person from a member county. The Recorder shall assist the Secretary in recording meeting minutes and Board actions, sending out meeting announcements, and distributing copies of minutes and agenda to each Board member.

ARTICLE VII: COMMITTEES

Section 7.1 – The Joint Powers Board shall establish an Executive Committee that shall be comprised of the three officers of the Board; the Chair, the Vice Chair and the Secretary. The Executive Committee shall have all of the powers and authority of the Board in the intervals between meetings of the Board, subject to the direction and control of the Joint Powers Board.

Section 7.2 – The Joint Powers Board shall establish a Finance Committee that shall be comprised of the Chair and two other members of the Joint Powers Board. The Finance Committee shall be responsible for developing and reviewing the annual budget with the Executive Director. While the Joint Powers Board must approve the budget, the Finance Committee may approve any major change to the annual budget. The Finance Committee may also develop and regularly review fiscal procedures.

Section 7.3 – The Joint Powers Board shall establish a Personnel Committee that shall be comprised of members of the Joint Powers Board. The Personnel Committee shall consider and make decisions related to personnel decisions and policies. It shall consider and make recommendations to the Finance Committee for employee wages and benefits. This committee will be responsible for the hiring and performance review of the Executive Director.

Section 7.4 - The Board may establish such other committees as necessary to advise, consult with, and make recommendations to the full Joint Powers Board on matters relating to the Supporting Hands Nurse-Family Partnership.

ARTICLE VIII: AMENDMENTS

Section 8.1 - These By-laws may be amended as necessary by a two-thirds majority of the Joint Powers Board. Any revision or amendment of these by-laws may be made at any regular or special meeting of the Joint Powers Board providing all members received notice in writing at least one week prior to the meeting at which the Joint Powers Board will consider the revision or amendment.

Section 8.2 - These by-laws shall be reviewed annually.

These By-laws were revised at a meeting of the Supporting Hands Nurse-Family Partnership Joint Powers Board on February 6th, 2017.

Supporting Hands Nurse-Family Partnership Joint Powers Board January 2017

County Member
Big Stone: Joe Berning
Chippewa County: David Lieser
Douglas County: James Stratton
Grant: Doyle Sperr
Kandiyohi: Steve Ahmann
Lac qui Parle: Todd Patzer
Lincoln: Mic VanDeVere
Lyon: Rick Anderson
McLeod County: Ron Shimanski
Meeker County: Beth Oberg
Murray: Gerald Magnus
Pipestone: Chris Hollingsworth
Pope: Larry Kittelson
Redwood: Jim Salfer
Renville: John Stahl
Rock: Greg Burger
Stevens: Bob Kopitzke
Swift: Peter Peterson
Traverse: Todd Johnson
Yellow Medicine: John Berends

2017 Supporting Hands Nurse-Family Partnership Officers and Committes

Officers
  • John Stahl, Chair
  • Todd Patzer, Vice-Chair
  • Todd Johnson, Secretary
Personnel Committee:
  • David Lieser
  • Jim Salfer
  • Beth Oberg
Finance Committee:
  • John Stahl
  • Larry Kittelson
  • Ron Shimanski
Executive Committee:
  • John Stahl
  • Todd Patzer
  • Todd Johnson

2017 Joint Powers Board Meetings

February 6th, 2017 9:30 a.m. – 11:00 a.m.
May 1st, 2017 9:30 a.m. – 11:00 a.m.
August 7th, 2017 9:30 a.m. – 11:00 a.m.
November 6th, 2017 9:30 a.m. – 11:00 a.m.

Location: Multi-Purpose Conference Room Lower Level of Kandiyohi Health and Human Service Building, Willmar, MN