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Housing Authority Commissioners' Roles & Legal Requirements

Learn about commissioners' obligations, roles, legal issues, compliance, crisis management, and funding sources for Housing Authorities. Understand state laws, ethics, insurance, and handling public perception.

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Housing Authority Commissioners' Roles & Legal Requirements

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  1. COMMISSIONERS OBLIGATIONS AND REQUIREMENTS ROLES, COMPLIANCE, INSURANCE, LEGAL ISSUES, CRISIS MANAGEMENT

  2. THE CREATION • PART OF THE CITY, COUNTY OR STATE? • FEDERAL AGENCY? • SO WHAT IS IT?

  3. STATE LAW • CREATED AS MUNICIPAL CORPORATION • FUNDED BY FEDERAL GOVERNMENT UNDER CONTRACT • CHARTER/ARTICLES OF INCORPORATION • BYLAWS

  4. OFFICIAL PUBLICATIONS • THE ANNUAL CONTRIBUTION CONTRACT • THE HUD ETHICS MANUAL

  5. THE CREATION • PART OF THE CITY, COUNTY OR STATE? • FEDERAL AGENCY? • SO WHAT IS IT?

  6. STATE LAW • CREATED AS MUNICIPAL CORPORATION • FUNDED BY FEDERAL GOVERNMENT UNDER CONTRACT • CHARTER/ARTICLES OF INCORPORATION • BYLAWS

  7. GOVERNING BODY • BOARD OF COMMISSIONERS • APPOINTED, ELECTED? • RESIDENT COMMISSIONER • OATH OF OFFICE • TRAINING/ORIENTATION • RESPONSIBLE TO WHOM? • SIGN THE ACC IF FUNDING RECEIVED

  8. BOARD DUTIES • SELECT AN EXECUTIVE DIRECTOR • MAKE POLICIES • RECEIVE REPORTS • PASS RESOLUTIONS • SIGN DOCUMENTS FOR SUBMITTAL AS REQUIRED • FOLLOW ALL OF THE RULES AND REGULATIONS.

  9. DETAILED LOOK • ANNUAL CONTRIBUTIONS CONTRACT • SIGNED BY CHAIRPERSON OF THE BOARD • HOUSING AUTHORITY BOUND BY TERMS • PARTS A & B • COVERS: MISSIONS, COVENANTS TO DEVELOP, COOPERATION AGREEMENT, USE OF MONEY

  10. ACC OVERVIEW • BUDGET REQUIREMENTS • CIVIL RIGHTS REQUIREMENTS • INSURANCE REQUIREMENTS • EMPLOYER REQUIREMENTS • DEFAULT PROCEDURES • WAIVERS

  11. AND: CONFLICTS OF INTEREST • IN ACC AND REPUBLISHED • ETHICS MANUAL FOR PHA’S • ADDED FORMS AND INFORMATION

  12. OTHER RESOURCES • STATE ETHICS LAW • ETHICS COMMISSION OPINIONS • ATTORNEY GENERAL OPINIONS • HUD WEBSITES • OTHER WEBSITES

  13. STATE ISSUES • LOCAL STATE LAW • PUBLIC EMPLOYEE? • NATURE OF HOUSING AUTHORITY: STATE, LOCAL, COUNTY, MUNICIPAL, FEDERAL AGENCY? • LOOK TO ORGANIZATION STATUTES AND DOCUMENTS

  14. STAFF AND/OR COMMISSIONERS • WHO IS AN “OFFICIAL” • WHERE DOES FUNDING COME FROM? • CASE LAW • ATTORNEY GENERAL OPINIONS • DO WE WANT TO ASK FOR ONE?

  15. WHAT CONTROLS? • FEDERAL LAW • REGULATIONS • STATE LAW • HANDBOOKS • CONTRACTS • ATTORNEY GENERAL OPINIONS

  16. THE ISSUE DEFINED • FOLLOW THE MONEY • PROCUREMENT • OWNERSHIP • APPEARANCE OF IMPROPRIETY • CONTRACTS TO FRIENDS • “WE CAN ALL EAT STEAKS INSTEAD OF HAMBURGERS”

  17. PUBLIC PERCEPTION • FUNDING CRISIS: PERKS, TRAVEL, FOOD • EMPLOYEE ACTIONS: TALKING • RUMORS: RESIDENTS COMPLAIN • COMPLAINTS TO MEDIA

  18. OFFICIAL INQUIRIES • HUD • ANONYMOUS COMPLAINTS • STATE/LOCAL GOVERNMENT INQUIRIES

  19. THE RULES • PUBLIC HOUSING • APPLIES TO PRESENT OR FORMER MEMBERS OF PHA GOVERNING BODY • ANY EMPLOYEE WHO FORMULATES POLICY • NEPOTISM • DISCLOSURE • WAIVERS

  20. EXAMPLES • CONTRACTS • FAMILY MEMBER AND BOARD/STAFF • FORMER MEMBERS • RUNNING FOR OFFICE • BOARD MEMBERS TEMPORARILY BEING EMPLOYEE OF PHA • INCLUDES GRANTS

  21. MORE EXAMPLES • CONTROLLING EXPENDITURES • DESIGNATED BANK, BANKER, FUNDS • DESIGNATED PROGRAMS • HIRING COMMISSIONER SPOUSE AT PHA

  22. SECTION 8 • INTEREST IN A HAP CONTRACT • FAMILY MEMBERS OWNING • DISCLOSURE • WAIVERS • TO VOTE OR NOT TO VOTE? • MINUTES SHOULD REFLECT

  23. HATCH ACT • BIPARTISAN RACES • EMPLOYEES OF PHA • STATE AND LOCAL EMPLOYEES

  24. OTHER CONSIDERATIONS • INSURANCE REQUIREMENTS • DIRECTORS AND OFFICERS LIABILITY INSURANCE

  25. WAIVER FORMS • INCLUDED IN WAIVER • GET WAIVER FIRST • IN WRITING: SEE DEFINITIONS • LOCAL, REGIONAL, NATIONAL?

  26. LEGAL/LAWSUITS • HUD legal notification policy • Selecting attorney • Insurance issues • Settlement • Filing Suit • Attorney on retainer ???? • Who is represented?

  27. LITIGATION GUIDE • NOTICE TO HUD • THREATENED OR ACTUAL • ATTORNEY CHOICE • SETTLING CASES? • APPEALING CASES?

  28. WHEN A PROBLEM DEVELOPS • NOTIFY ALL IN THE CHAIN • GET ADVICE OF ATTORNEY • NOTIFY HUD? • DEALING WITH THE MEDIA • FIXING THE PROBLEM

  29. AVOIDING PROBLEMS • DON’T BE GREEDY • FOLLOW ADVICE OF DIRECTOR • SEEK LEGAL HELP • SEEK ASSISTANCE FROM ATTORNEY GENERAL FOR STATE ISSUES • SEEK ADVICE OF HUD FOR FEDERAL ISSUES • DON’T BE AN EXAMPLE

  30. AUDITS • INSIST ON GOOD AUDIT • DEVELOP FINANCE/AUDIT COMMITTEE • REPORT ANY POSSIBLE PROBLEM • IF FOUND – REPORT IT, DON’T BE CAUGHT

  31. A CASE • CHAIRMAN OF BOARD DOES NOT LIKE THE DIRECTOR • GOES DOOR TO DOOR ASKING RESIDENTS ABOUT THE DIRECTOR • TERMINATES DIRECTOR • NAMES SPOUSE AS NEW DIRECTOR

  32. AND ONE MORE • DIRECTOR FINDS PROBLEM WITH HUD REQUIRED REPORT – INFORMATION WAS FALSE WHEN SENT TO HUD • REPORTS THAT TO THE BOARD AND HUD • DIRECTOR FINDS PROBLEM WITH SPENDING AND SPECIAL ACCOUNT • COMMISSIONER THREATENS DIRECTOR

  33. PLANNING • FIVE YEAR PLAN • ANNUAL PLAN • BUDGET • AUDITS • BOARD RETREATS • STAFF LEADS

  34. BOARD ACTIONS • PASS POLICIES • HIRE EXECUTIVE DIRECTOR • PERFORMANCE REVIEWS • RECEIVES REPORTS

  35. DIRECTOR AND THE BOARD • HIRED BY THE BOARD • HELPS THE BOARD DO THEIR JOB • DAY TO DAY MANAGEMENT • DIRECTOR • IMPLEMENTS POLICIES • REPRESENTS THE ORGANIZATION • HIRES, DIRECTS, SUPERVISES, EVALUATES AND DISCIPLINES ALL STAFF • PREPARES BUDGET

  36. MORE DUTIES • MANAGES FINANCES • PREPARES REPORTS • OVERSEES ASSETS • MAKES RECOMMENDATIONS • PLANS OPERATIONS • MAKES REPORTS • INFORMS ABOUT ORGANIZATION STATUS

  37. AND MORE • REPORTS ON RESULTS OF BOARD ACTIONS • KNOWS WHAT IS GOING ON IN AGENCY • HANDLES COMPLAINTS • ADMINISTERS THE PROGRAMS • MAKES REGULAR REPORTS TO THE BOARD ON THE PHA PROGRAMS AND NEEDS • PREPARES ANNUAL REPORTS

  38. ROLE OF THE ED • VITAL PART OF THE BOARD TEAM • IMPORTANT REPORTING RESPONSIBILITY • DOES NOT WANT A “RUBBER STAMP” • IS THE SECRETARY/TREASURER OF THE BOARD • HAS A FIDUCIARY DUTY (LIKE BOARD) • HAS ONE BOSS – THE FULL BOARD • THE BOARD HAS ONLY ONE EXECUTIVE DIRECTOR

  39. THE BOARD • NO DIRECT RESPONSIBILITY OTHER THAN THROUGH THE DIRECTOR FOR DAY TO DAY OPERATIONS • NO “SHORT CIRCUIT” – REMIND STAFF AND RESIDENTS ABOUT CHAIN AND PROPER CHANNEL • REFER COMPLAINTS

  40. PROBLEMS AND CONCERNS • PROBLEMS ARE BEST RESOLVED AT THE LOWEST LEVEL IN THE CHAIN • CONCERNS/COMPLAINTS SHOULD BE REPORTED TO THE ED FOR RESOLUTION • BEWARE OF BECOMING LIABILE

  41. BOARD AND STAFF • BE CONCERNED ABOUT STAFF • RECOGNIZE THE STAFF • MAKE PERSONNEL POLICY CHANGES AS REQUIRED OR AS NEEDED • DON’T BECOME INVOLVED IN STAFF PROBLEMS

  42. MEETINGS • ATTEND ALL MEETINGS • PREPARE FOR MEETINGS • PARTICIPATE IN DISCUSSIONS • COOPERATE WITH MEMBERS • MAKE THE MEETINGS WORK • COMPROMISE • WORK TOWARD CONSENSUS

  43. MEETINGS, CON’T. • BEGIN ON TIME • STICK TO THE AGENDA • FOLLOW THE BYLAWS AND POLICIES • ASK FOR INFORMATION BEFORE THE MEETING WHEN POSSIBLE • DON’T USE MEETINGS AS SOAPBOX • DON’T BE SINGLE MINDED • DECISION OF THE BOARD IS THE DECISION

  44. ED EVALUATION • USE AS POSITIVE EFFORT TO COMMUNICATE WITH DIRECTOR • DON’T USE TO DOCUMENT ERRORS • AWARD GOOD PERFORMANCE • DEMAND CORRECTION FOR POOR PERFORMANCE

  45. OTHER CONSIDERATIONS • BOARD SHOULD EVALUATE ITSELF AND HOW IT OPERATES • EVALUATE ANNUALLY • SET GOALS • GET CONTINUING EDUCATION • DO WHAT IS BEST FOR THE BOARD • DO PRESENTATIONS • WATCH THE MEDIA!!!!!

  46. WATCH OUT !!!! • http://www.youtube.com/watch?v=ubCehMDQ85Q&feature=youtube_gdata • SPOKESPERSON? • EMPLOYEES? • BOARD CHAIR?

  47. MAKING IT WORK • KNOW MEMBERS, RULES, ED, AND PROCEDURES • KNOW THE BOARD’S DYNAMICS • ROLE OF BOARD: • LEADER? • CRITIC? • SUPPORTER?

  48. KEEP A NOTEBOOK • BYLAWS • BUDGETS • MAJOR POLICIES: ACOP, ADMIN, PERSONNEL, ETC.

  49. WORK AS A TEAM • THE TEAM HAS THE POWER AND AUTHORITY TO ACT • ED IS A MEMBER OF THE BOARD TEAM • LISTEN TO OTHER MEMBERS • EXPLAIN YOUR POSITION CLEARLY • BE FRIENDS WITH OTHER MEMBERS • DON’T BE AFRAID TO AGREE OR DISAGREE

  50. TEAM DYNAMICS • DON’T LET DISAGREEMENT CARRY OVER TO NEXT ISSUE • RESPECT WHAT OTHERS HAVE TO SAY • AVOID FORMING VOTING BLOCKS AND/OR CLIQUES • ACCEPT THE FACT THAT THERE WILL BE SPLIT VOTES • IF IN MINORITY, ACCEPT THE MAJORITY AND LEAVE DISAGREEMENTS AT THE TABLE

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