36-55.28 - Appointment and tenure of commissioners; officers; quorum; compensation; liability.
§ 36-55.28. Appointment and tenure of commissioners; officers; quorum;compensation; liability.
A. The powers of HDA shall be vested in the commissioners of HDA as follows:a representative of the Board of Housing and Community Development, suchrepresentative to be selected by that Board; the Director of the Departmentof Housing and Community Development as an ex officio voting commissioner;the Treasurer of the Commonwealth; and seven persons appointed by theGovernor, subject to confirmation by the General Assembly, for terms of fouryears. An additional commissioner satisfying the criteria specified bySection 2 (b) of the United States Housing Act of 1937, as amended, and therules and regulations promulgated thereunder, shall be appointed by theGovernor, subject to confirmation by the General Assembly, for a term of fouryears. If, however, after appointment, the additional commissioner no longersatisfies such criteria, he may be removed by the Governor effective upon theappointment and qualification of his successor, who shall serve for theremainder of the unexpired term. In appointing persons to the commission theGovernor shall refrain from appointing more than three persons from any onecommercial or industrial field. No commissioner appointed pursuant to thischapter by the Governor shall serve more than two consecutive full terms. Anyvacancies in the membership of HDA shall be filled in like manner but onlyfor the remainder of an unexpired term. Except as otherwise provided in thissection, each commissioner shall hold office for the term of his appointmentand until his successor shall have been appointed and qualified.
B. The commissioners shall elect from among their number a chairman and avice-chairman annually and such other officers as they may determine.Meetings shall be held at the call of the chairman or whenever twocommissioners so request. Five commissioners of the HDA shall constitute aquorum and any action taken by HDA under the provisions of this chapter maybe authorized by resolution approved by a majority of the commissioners whoare present at any regular or special meeting. No vacancy in the membershipof the HDA shall impair the right of a quorum to exercise all the rights andperform all the duties of the HDA.
C. Each commissioner shall be compensated from funds of the HDA at the rateper day specified in § 2.2-2813 for each day or portion thereof in which thecommissioner is engaged in the business of the HDA. In addition, eachcommissioner shall be reimbursed for his reasonable expenses incurred incarrying out his duties under this chapter.
D. Commissioners and employees of HDA shall be subject to the standards ofconduct set forth in the State and Local Government Conflict of Interests Act(§ 2.2-3100 et seq.) and may be removed from office for inefficiency, neglectof duty or misconduct in the manner set forth therein.
E. Notwithstanding the provisions of any other law, no officer or employee ofthis Commonwealth shall be deemed to have forfeited or shall forfeit hisoffice or employment by reason of his acceptance of membership on HDA or hisservice thereto.
F. HDA may use its funds, and may obtain liability insurance or provideself-insurance, for the payment or reimbursement of costs and expenses(including, without limitation, amounts paid or to be paid in satisfaction ofjudgment or settlement, penalties, attorneys' fees and expenses, and courtcosts) incident to any liability of its commissioners and employees arisingfrom the performance or discharge of their official duties and such otheractivities as the commissioners of HDA may by resolution approve for thepurpose of making such payment or reimbursement or providing such insuranceor self-insurance.
(1972, c. 830; 1974, c. 668; 1975, c. 536; 1976, c. 117; 1977, c. 613; 1985,c. 70; 1987, Sp. Sess., c. 1; 1988, c. 226; 1992, c. 754; 1993, c. 857; 2002,c. 454; 2003, c. 434.)