(A) The Mayor shall appoint five persons who shall constitute the Housing Agency and the persons shall be called the Commissioners; the Governing Body shall confirm or deny such appointment or reappointment pursuant to Neb. RS 71-1596. Neb. RS 71-15,104 requires the Governing Body, being the City Council of Schuyler, appoint at least one Commissioner who shall be known as a Resident Commissioner. RESIDENT COMMISSIONER means a member of the governing board of the Schuyler Housing Agency whose eligibility for membership is based upon such person’s status as a recipient of direct assistance from the agency. The Resident Commissioner shall be selected either by election or appointment as set forth in Neb. RS 71-15,104. 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; provided, that all vacancies shall be filled for the unexpired terms. A certificate of the appointment or reappointment of any Commissioner shall be filed with the Municipal Clerk and the certificate shall be conclusive evidence of the proper appointment of the Commissioner. A 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. Three 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 unless in any case the bylaws of the Agency shall 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, or it may call upon the chief law officer of the municipality, for the services as it may require. It may employ technical experts and any other officers, agents, and employees as it may require and shall determine their qualifications, duties, compensations, and terms of office. The Agency may delegate such other powers and duties to its agents or employees as it may deem proper. During his or her tenure, and for one year thereafter, no commissioner, officer, or employee of the Schuyler 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 any housing project. If any such commissioner, officer, or employee involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such 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 such interest; provided, that nothing herein shall 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 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. The Mayor may remove a Commissioner for neglect of duty or misconduct in office in the manner prescribed hereinafter. The Mayor shall send a notice of removal to the Commissioner which notice shall contain a statement containing the charges against him or her. Unless within ten days from the receipt of the notice, the Commissioner files with the Clerk a request for a hearing before the Governing Body, the Commissioner shall be deemed as removed from office. If a request for a hearing is filed with the Clerk, the Governing Body of the municipality shall hold a hearing at which the Commissioner shall have the right to appear in person or by counsel and the Governing Body shall determine whether the removal shall be disapproved or upheld. If the removal is disapproved, the Commissioner shall continue to hold his or her position.
(B) The Housing Agency shall keep an accurate account of all its activities and of all its receipts and disbursements and shall make an annual report at the second regular meeting in January to the Governing Body on all the information at the time as the Governing Body shall prescribe.
(1972 Code, § 2-210)
Statutory reference:
Nebraska Housing Agency Act, see Neb. RS 71-1572 through 71-15,168