36-1404. Housing authority; employees

A. Every city, town or county, in addition to other powers conferred by this article, may, by proper resolution of its governing body, create as an agent of that city, town or county a housing authority of the city, town or county. The city, town or county may delegate to that authority its power to acquire, own, maintain and dispose of real estate and appurtenances to real estate and to construct, maintain, operate and manage a housing project or projects and, notwithstanding the foregoing enumeration, may delegate to the authority any or all of the powers conferred on the city, town or county by this article, including the power to borrow money, issue bonds and acquire real property through the exercise of eminent domain. However, public housing authorities that act and exist under the control of a city, town or county may exercise eminent domain or issue bonds only on and pursuant to specific, formal case by case project preapproval from the governing body of that city, town or county.

B. If the governing body of a city or town adopts a resolution as provided by subsection A, it shall promptly notify the mayor of the adoption. As directed by that resolution, the mayor shall appoint at least five persons as commissioners of the authority. If the board of supervisors adopts a resolution as provided in subsection A, the board, consistent with that resolution, shall thereafter appoint at least five persons as commissioners of the authority. The commissioners first appointed shall be designated to serve for staggered terms of one, two and three years from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of four years. Vacancies from causes other than expiration of term shall be filled for the unexpired term only. A commissioner of an authority shall not hold any other office or employment of the city, town or county for which the authority is created. A commissioner shall hold office until the commissioner s successor has been appointed and has qualified. A certificate of appointment or reappointment of a commissioner shall be filed with the appropriate city, town or county clerk, and the certificate shall be conclusive evidence of the due and proper appointment of the commissioner. A commissioner shall not receive compensation for the commissioner s services but is eligible to receive reimbursement for necessary expenses, including travel, incurred in the discharge of the commissioner s duties. The governing body of a city, town or county may elect by majority vote to provide that each council member or the mayor, while rightfully holding that office, shall automatically be and act as a commissioner of that government's public housing authority.

C. Powers delegated by a city, town or county to an authority are vested in the commissioners. A majority of the authorized number of commissioners constitutes a quorum for all purposes including conducting the business of the authority and exercising its powers. If the meeting is duly noticed and a quorum is present, action may be taken by the authority on a vote of a majority of the commissioners present. The mayor or board of supervisors shall designate which of the commissioners shall be chairman and vice-chairman, respectively. The governing body of a city, town or county that creates a housing authority may authorize the authority to employ a secretary, who shall also be executive director, and technical experts and other officers, attorneys, agents and employees, permanent and temporary, as the authority requires, to determine their qualifications, duties and compensation, and to delegate to one or more of them powers or duties as the authority deems proper. A city, town, county or authority that has in place an appropriate and sufficient housing department or appropriate and sufficient authority staff, by a resolution of its governing body, may authorize and direct that the department or authority staff provide any executive, administrative, fiscal or technical experts and other officers, attorneys, independent contractors, agents and employees to another city, town, county or authority as may be necessary or desirable to the achievement of the purposes and powers prescribed in this article.

D. Meetings of the public housing commissions are subject to the public meetings laws.