(A) (1) The Mayor shall appoint, subject to confirmation by the Council, five persons who, including the Resident Commissioner, if any, shall constitute the Housing Agency Board, and such persons shall be called the Commissioners. One Commissioner shall be appointed each year. Each Commissioner shall serve a five-year term of office or until his or her successor is duly appointed and qualified, provided that all vacancies shall be filled for the un-expired terms. The Council may appoint one of its members to serve as one of the five members of the Housing Agency for such term as the Council may determine. No person shall serve as a Commissioner unless he or she resides within the area of McCook Housing Agency.
(2) A certificate of the appointment or reappointment of any Commissioner shall be filed with the City Clerk, and the certificate shall be conclusive evidence of the proper appointment of the Commissioner. The Commissioner shall receive no compensation for his or her services, but he or she shall be entitled to the necessary expenses, including travel expenses, incurred in discharge of his or her duties as provided by Neb. RS 81-1175 through 81-1177.
(3) A majority of Commissioners shall constitute a quorum of the agency for the purpose of conducting its business, exercising its powers, and for all other purposes. Action may be taken by the agency upon the vote of the majority of the Commissioners present and voting, unless the by-laws of the agency or the ordinance creating the agency require a larger number. The Commissioners shall elect a Chairperson and Vice-Chairperson from among the Commissioners and shall have the power to employ an executive director who shall serve as ex-officio Secretary of the Agency. The Agency may also employ legal counsel for services as it may require. It may employ accountants, appraisers, technical experts, and such other officers, agents, and employees as it may require and shall determine their qualifications, duties, compensations, and terms of office. The Agency may delegate other powers and duties to its agents or employees, as it may deem proper.
(4) During his or her tenure and for one year thereafter, no Commissioner, officer, or employee of the Housing Agency shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to an housing project. If any Commissioner, officer, or employee involuntarily acquires any interest, or voluntarily or involuntarily acquired any interest prior to appointment or employment as commissioner, officer, or employee, he or she shall immediately disclose his or her interest in writing to the agency, and the disclosure shall be entered upon the minutes of the agency, and he or she shall not participate in any action by the agency relating to the property or contract in which he or she has any interest. Any violation of the provisions of this division shall constitute misconduct in office. This prohibition shall not apply to the acquisition of any interest in notes or bonds of the agency issued in connection with any housing project, or to the execution of the agreements by banking institutions for deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency.
(B) This section shall not be construed to preclude, regulate, or restrict the participation of any tenant of the agency from serving, if appointed, as a Commissioner of the authority, but he or she may not participate in any decision solely affecting his or her individual interest.
(Prior Code, § 2-202)
(C) (1) A fifth Commissioner, to be known as the Resident Commissioner, shall be appointed to the governing body by the Mayor, subject to confirmation of the Council. To select the initial Resident Commissioner, or to fill subsequent vacancies in the position, the Housing Agency shall notify any Resident Advisory Board or other Resident Organization and all adult persons directly assisted by the agency to the effect that the position of Resident Commissioner is open and that if any person is interested in being considered as a candidate for the position, the person should notify the Housing Agency, in writing, within 30 days of the person's willingness to be considered and to serve as Resident Commissioner.
(2) The names of all persons interested who have notified the Housing Agency of their interests in so serving shall be forwarded to the Mayor, and the Resident Commissioner shall be appointed from the list of names, subject to confirmation by the Council. Upon the appointment of a Resident Commissioner, the certificate of appointment shall state the term is for five years or when no longer an eligible resident, whichever occurs first.
(3) In the event that no qualified person has submitted his or her name to the Housing Agency as being interested as a candidate for the position, and the Housing Agency has received no notification of interest in serving as a Resident Commissioner by any person, no Resident Commissioner shall be required to be selected. In the event a Resident Commissioner is appointed and resigns from the position prior to completion of the appointed term, or is no longer an eligible resident, or is otherwise disqualified or removed from the Board, and a vacancy is created, the Housing Agency shall solicit new candidates for the position following the same procedure set forth above. In the event that no Resident Commissioner is selected and the position is not filled, the agency shall re-notify all adult persons directly assisted by the agency that the position of Resident Commissioner is open and solicit these persons for candidates for the position not less than once annually.
(Prior Code, § 2-203)
(Ord. 2000-2545, passed 3-20-2000; Ord. 2007-2795, passed 9-6-2007)