36-45 - Commissioners of regional housing authority.
§ 36-45. Commissioners of regional housing authority.
The board of supervisors of each county included in a regional housingauthority shall appoint one person as a commissioner of such authority, andeach such commissioner to be first appointed by the board of supervisors of acounty may be appointed at or after the time of the adoption of theresolution declaring the need for such regional housing authority ordeclaring the need for the inclusion of such county in the area of operationof such regional housing authority. When the area of operation of a regionalhousing authority is increased to include an additional county or counties asprovided above, the board of supervisors of each such county shall thereuponappoint one additional person as a commissioner of the regional housingauthority. The board of supervisors of each county shall appoint thesuccessor of the commissioner appointed by it. A certificate of theappointment of any such commissioner shall be filed with the clerk of thecounty, and such certificate shall be conclusive evidence of the due andproper appointment of such commissioner. If any county is excluded from thearea of operation of a regional housing authority, the office of thecommissioner of such regional housing authority appointed by the board ofsupervisors of such county shall be thereupon abolished.
If a regional housing authority consists of only two counties, the boards ofsupervisors may agree to appoint two members each as commissioners of suchauthority. However, if the regional housing authority is changed to consistof three or more counties, the counties shall thereafter appoint one membereach as a commissioner.
If the area of operation of a regional housing authority consists at any timeof an even number of counties, the commissioners of the regional housingauthority appointed by the boards of supervisors of such counties shallappoint one additional commissioner whose term of office shall be as hereinprovided for a commissioner of a regional housing authority except that suchterm shall end at any earlier time that the area of operation of the regionalhousing authority shall be changed to consist of an odd number of counties.The commissioners of such authority appointed by the boards of supervisors ofsuch counties shall likewise appoint each person to succeed such additionalcommissioner; provided that the term of office of such person begins duringthe terms of office of the commissioners appointing him. A certificate of theappointment of any such additional commissioner of such regional housingauthority shall be filed with the other records of the regional housingauthority and shall be conclusive evidence of the due and proper appointmentof such additional commissioner.
When a regional housing authority is required by federal housing law toappoint a commissioner satisfying the criteria specified in Section 2 (b) ofthe United States Housing Act of 1937, as amended, and the rules andregulations promulgated thereunder, at least one but not more than two suchcommissioners shall be appointed by the commissioners of the regional housingauthority. The executive director of the regional housing authority shallprepare a slate of eligible candidates for appointment for the commissioners'consideration. However, the appointing commissioners shall not be required tomake appointments from such slate. The term of such appointed commissionershall be as herein provided for a commissioner of a regional housingauthority. A certificate of the appointment of any such commissioner of aregional housing authority shall be filed with the other records of theregional housing authority and shall be conclusive evidence of the due andproper appointment of such commissioner.
The commissioners of a regional housing authority shall be appointed forterms of four years except that all vacancies shall be filled for theunexpired terms. Each commissioner shall hold office until his successor hasbeen appointed and has qualified, except as otherwise provided herein.
The commissioners shall constitute the regional housing authority, and thepowers of such authority shall be vested in such commissioners in office fromtime to time.
The commissioners of a regional housing authority shall elect a chairman fromamong the commissioners and shall have power to select or employ such otherofficers and employees as the regional housing authority may require. Amajority of the commissioners of a regional housing authority shallconstitute a quorum of such authority for the purpose of conducting itsbusiness and exercising its powers and for all other purposes.
For inefficiency or neglect of duty or misconduct in office, a commissionerof a regional housing authority may be removed by the board of supervisorsappointing him, or in the case of the commissioner appointed by thecommissioners of the regional housing authority, by such commissioners;provided that such commissioner shall be removed only after he shall havebeen given a copy of the charges against him at least 10 days prior to thehearing thereon and had an opportunity to be heard in person or by counsel.In the event of the removal of a commissioner by the board of supervisorsappointing him, a record of the proceedings, together with the charges andfindings thereon, shall be filed in the office of the clerk of the county;and in the case of the removal of the commissioner appointed by thecommissioners of the regional housing authority, such record shall be filedwith the other records of the regional housing authority.
(1942, p. 321; Michie Code 1942, § 3145(4f); 2003, cc. 417, 535, 559, 809.)