GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 563

Short Title:  Amend Housing Authorities Law.	(Public)

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Sponsors: Senator Reeves.

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Referred to:  Commerce.

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April 1, 1997

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE THE CITY COUNCIL TO APPOINT AND TO REMOVE HOUSING AUTHORITY COMMISSIONERS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 157-5 reads as rewritten:
"§ 157-5.  Appointment, qualifications and tenure of commissioners.
An authority shall consist of not less than five nor more than nine commissioners appointed by the city council and the city council shall designate the first chairman. Notwithstanding G.S. 157-7, 14-234, or any other provision of law, no person shall be barred from serving as a commissioner of any housing authority created under this Chapter because the person is a tenant of the authority or a recipient of housing assistance through any program operated by the authority. No commissioner shall be qualified to vote on matters affecting the commissioner's official conduct or matters affecting the commissioner's own individual tenancy, as distinguished from matters affecting tenants in general. No more than one third of the members of any housing authority commission shall be tenants of the authority or recipients of housing assistance through any program operated by the authority. Avery, Beaufort, Bertie, Burke, Caldwell, Camden, Cherokee, Chowan, Clay, Cleveland, Currituck, Dare, Duplin, Edgecombe, Franklin, Gates, Graham, Halifax, Haywood, Henderson, Hertford, Hoke, Hyde, Jackson, Jones, Lenoir, Macon, Martin, Nash, Northampton, Onslow, Pasquotank, Perquimans, Pitt, Polk, Robeson, Rowan, Swain, Transylvania, Tyrrell, Vance, Warren, Washington, Watauga, Wilkes, Wilson and Yadkin Counties are exempted from any provision of law allowing a person who is a tenant of the authority to serve as a commissioner of a housing authority. The council may at any time by resolution or ordinance increase or decrease the membership of an authority, within the limitations herein prescribed.
The city council shall designate overlapping terms of not less than one nor more than five years for the commissioners first appointed. Thereafter, the term of office shall be five years. A commissioner shall hold office until the commissioner's successor has been appointed and has qualified. Vacancies shall be filled for the unexpired term. A majority of the commissioners shall constitute a quorum. The city manager shall file with the city clerk a certificate of the appointment or reappointment of any commissioner and the certificate shall be conclusive evidence of the due and proper appointment of the commissioner. A commissioner shall receive no compensation for the commissioner's services but shall be entitled to the necessary expenses including traveling expenses incurred in the discharge of the commissioner's duties.
When the office of the first chairman of the authority becomes vacant, the authority shall select a chairman from among its members. An authority shall select from among its members a vice-chairman, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. An authority may call upon the corporation counsel or chief law officer of the city for such legal services as it may require or it may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper."
Section 2.  G.S. 157-8 reads as rewritten:
"§ 157-8.  Removal of commissioners.
The city council may remove a commissioner for inefficiency or neglect of duty or misconduct in office, but only after the commissioner has been given a copy of the charges against the commissioner (which may be made by the city council) at least 10 days prior to the hearing thereon and had an opportunity to be heard in person or by counsel.
Any obligee of the authority may file with the city council written charges that the authority is violating willfully any law of the State or any term, provision or covenant in any contract to which the authority is a party. The city council shall give each of the commissioners a copy of the charges at least 10 days prior to the hearing thereon and an opportunity to be heard in person or by counsel and shall within 15 days after receipt of the charges remove any commissioners of the authority who shall have been found to have acquiesced in any such willful violation.
A commissioner shall be deemed to have acquiesced in a willful violation by the authority of a law of this State or of any term, provision or covenant contained in a contract to which the authority is a party, if, before a hearing is held on the charges, the commissioner shall not have filed a written statement with the authority of the commissioner's objections to, or lack of participation in, the violation.
In the event of the removal of any commissioner, the city manager shall file in the office of the city clerk a record of the proceedings together with the charges made against the commissioners and the findings thereon."
Section 3. This act is effective when it becomes law. Section 1 of this act does not affect the term or qualifications of any current commissioner.