(A) Appointment, officers.
(1) The governing body shall appoint five persons who shall constitute the Housing Authority, and such persons shall be called the Board of 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; 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 Village Clerk-Treasurer, and such certificate shall be conclusive evidence of the proper appointment of such Commissioner. Commissioners shall receive no compensation for their services, but they shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of their duties.
(2) Three Commissioners shall constitute a quorum of the Authority for the purpose of conducting its business, exercising its powers and for all other purposes. Action may be taken by the Authority upon the vote of the majority of the Commissioners present unless in any case the bylaws of the Authority 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 an ex officio Secretary of the Authority. The Authority may also employ legal counsel, or it may call upon the Chief Law Officer of the village, for such services as it may require and shall determine the qualifications, duties, compensations and terms of office. The Authority 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 Village Housing Authority 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 Authority, and such disclosure shall be entered upon the minutes of the Authority, and he or she shall not participate in any action by the Authority 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 Authority issued in connection with any housing project, or 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.
(3) The Chairperson may remove a Commissioner for neglect of duty or misconduct in office in the manner prescribed hereinafter. The Chairperson shall send notice of removal to such Commissioner which shall contain a statement containing the charges against him or her. Unless, within ten days from receipt of such notice, such Commissioner files with the Clerk-Treasurer 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-Treasurer, the governing body of the village 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. The Housing Authority shall keep an accurate account of all activities and of all its receipts and disbursements and shall make a report to the governing body on all such information.
(Prior Code, § 2-105)
(B) Ownership. The Village Housing Authority is owned by the village and operated through the Housing Authority Commission. The Housing Authority shall constitute a body corporate and politic and shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of the Housing Agency Act, being Neb. RS 71-1572 et seq.
(Prior Code, § 2-106)
(C) Rules and regulations. The Housing Authority may establish from time to time rules and regulations consistent with the purposes of this chapter concerning the priority of eligible applicants for occupancy. The Authority may give preferential treatment to applicants who are servicemembers or veterans, relatives of servicemembers or veterans, to disabled servicemembers or veterans, the elderly or disabled, those in urgent need of adequate housing or those who have no adequate source of income; provided, that in such system of priority, displaced persons in need shall have a priority ahead of all other persons; and provided further, that no tenant in good standing then in occupancy and qualified for continued occupancy shall have his or her tenancy terminated in order to provide dwelling units for classes or categories of applicants as the Authority may establish.
(Prior Code, § 2-107)
Statutory reference:
Similar provisions, see Neb. RS 71-1572 et seq.