Sec. 8-41. Appointment, qualifications and tenure of commissioners. Commissioners authorized to serve as justice of the peace or registrar of voters.
Sec. 8-41. Appointment, qualifications and tenure of commissioners. Commissioners authorized to serve as justice of the peace or registrar of voters. (a)
When the governing body of a municipality other than a town adopts a resolution as
described in section 8-40, it shall promptly notify the chief executive officer of such
adoption. Upon receiving such notice, the chief executive officer shall appoint five
persons who are residents of said municipality as commissioners of the authority, except
that where the authority operates more than three thousand units the chief executive
officer may appoint two additional persons who are residents of the municipality. If the
governing body of a town adopts such a resolution, such body shall appoint five persons
who are residents of said town as commissioners of the authority created for such town.
The commissioners who are first so appointed shall be designated to serve for a term
of either one, two, three, four or five years, except that if the authority has five members,
the terms of not more than one member shall expire in the same year. Terms shall
commence on the first day of the month next succeeding the date of their appointment,
and annually thereafter a commissioner shall be appointed to serve for five years except
that any vacancy which may occur because of a change of residence by a commissioner,
removal of a commissioner, resignation or death shall be filled for the unexpired portion
of the term. If a governing body increases the membership of the authority on or after
July 1, 1995, such governing body shall, by resolution, provide for a term of five years
for each such additional member. The term of the chairman shall be three years. At least
one of such commissioners of an authority having five members, and at least two of
such commissioners of an authority having more than five members, shall be a tenant
or tenants who live in housing owned or managed by such authority, if any exists,
provided that any such tenant shall have resided in such housing for more than one year
or is a tenant who previously resided in such housing for more than one year and is
receiving housing assistance in a housing program directly administered by such authority and provided further that no such tenant shall have the authority to vote on any matter
concerning the establishment or revision of the rents to be charged in any housing owned
or managed by such authority. If, on October 1, 1979, a municipality has adopted a
resolution as described in section 8-40, but has no tenants serving as commissioners,
the chief executive officer of a municipality other than a town or the governing body
of a town shall appoint a tenant who meets the qualifications set out in this section as
a commissioner of such authority when the next vacancy occurs. No commissioner of
an authority may hold any public office in the municipality for which the authority is
created. A commissioner shall hold office until his successor is appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be
filed with the clerk and shall be conclusive evidence of the legal appointment of such
commissioner, after he has taken an oath in the form prescribed in the first paragraph
of section 1-25. The powers of each authority shall be vested in the commissioners
thereof. Three commissioners shall constitute a quorum if the authority consists of five
commissioners. Four commissioners shall constitute a quorum if the authority consists
of more than five commissioners. Action may be taken by the authority upon a vote of
not less than a majority of the commissioners present, unless the bylaws of the authority
require a larger number. The chief executive officer, or, in the case of an authority for
a town, the governing body of the town, shall designate which of the commissioners
shall be the first chairman, but when the office of chairman of the authority becomes
vacant, the authority shall select a chairman from among its commissioners. An authority
shall select from among its commissioners a vice chairman, and it may employ a secretary, who shall be executive director, and technical experts and such other officers,
agents and employees, permanent and temporary, as it requires, and shall determine
their qualifications, duties and compensation, provided, in municipalities having a civil
service law, all appointments and promotions, except the employment of the secretary,
shall be based on examinations given and lists prepared under such law, and, except so
far as may be inconsistent with the terms of this chapter, such civil service law and
regulations adopted thereunder shall apply to such housing authority and its personnel.
For such legal services as it requires, an authority may employ its own counsel and legal
staff. An authority may delegate any of its powers and duties to one or more of its agents
or employees. A commissioner, or any employee of the authority who handles its funds,
shall be required to furnish an adequate bond. The commissioners shall serve without
compensation, but shall be entitled to reimbursement for their actual and necessary
expenses incurred in the performance of their official duties.
(b) Any tenant organization composed of tenants residing within units owned or
managed by the appointing authority may indicate to such authority its desire to be
notified of any pending appointment of any such commissioner. A reasonable time
before appointing any such commissioner, the appointing authority shall notify any such
tenant organization and, in making such appointment, such authority shall consider
tenants suggested by such tenant organizations.
(c) Notwithstanding any provision of subsection (a) of this section or any other
provision of the general statutes to the contrary, a commissioner of an authority may
serve as a justice of the peace or a registrar of voters.
(1949 Rev., S. 926; 1949, S. 438d; 1967, P.A. 124, S. 1; P.A. 75-415, S. 1; P.A. 78-326; P.A. 79-546; P.A. 90-245;
P.A. 94-35, S. 1, 2; 94-156, S. 4, 5; P.A. 97-307, S. 3, 4; June Sp. Sess. P.A. 07-4, S. 108; June Sp. Sess. P.A. 07-5, S. 5.)
History: 1967 act specified conditions under which vacancies are to be filled; P.A. 75-415 limited tenant commissioners
to one; P.A. 78-326 deleted former limitation on tenant commissioners and specifically allowed more than one tenant
commissioner provided residence requirement met; P.A. 79-546 required at least one tenant commissioner and made
provision for appointment and for restricting voting power in cases involving rents in housing owned or managed by
authority; P.A. 90-245 amended Subsec. (a) by adding provision re appointment of members who are not residents where
the authority operates more than 3,000 units and requiring that authorities with more than five members have at least two
members who are residents in units operated by the authority; P.A. 94-35 amended Subsec. (a) to eliminate the requirement
that additional members not be residents and that such members serve at the pleasure of the chief executive official, to add
provision re term duration and to provide that five commissioners constitute a quorum if the authority has more than five
members, effective July 1, 1994; P.A. 94-156 changed the effective date of P.A. 94-35 from July 1, 1994, to July 1, 1995,
effective July 1, 1994; P.A. 97-307 added Subsec. (c), allowing commissioners to serve as justices of the peace or registrars
of voters, effective July 8, 1997; June Sp. Sess. P.A. 07-4 amended Subsec. (a) to provide that commissioner who is a
tenant may have previously resided in units operated by authority provided residence was for more than one year and
tenant is receiving housing assistance in housing program administered by Department of Economic and Community
Development, effective June 29, 2007; June Sp. Sess. P.A. 07-5 amended Subsec. (a) to substitute "such authority" for
"the Department of Economic and Community Development", effective October 6, 2007.
Cited. 208 C. 161. Cited. 216 C. 112.