§4723. Appointment, qualifications, tenure and meetings of commissioners and directors

Link to law: http://legislature.maine.gov/legis/statutes/30-A/title30-Asec4723.html
Published: 2015

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§4723. Appointment, qualifications, tenure and meetings of commissioners and directors








1. Municipality. 
The following provisions apply to municipal housing authorities.





A. Each authority shall appoint 7 commissioners. No commissioner may be appointed until
the authority is authorized to function as provided in section 4721. In the case
of a city having a mayor-council form of government, the mayor shall appoint the commissioners
with the advice and consent of the council. In the case of a city having a manager-council
form of government, the council shall appoint the commissioners. In the case of a
town, the municipal officers shall appoint the commissioners.


Any person who resides within the authority's boundaries or area, and who is otherwise
eligible for appointment under this chapter, may be appointed as a commissioner of
the authority. This section does not prevent a commissioner from concurrently serving
as a commissioner on a renewal authority established by any city with a population
of 20,000 or more.


The commissioners who are initially appointed under this section serve for terms of
one, 2, 3, 4 and 5 years, respectively, from the date of their appointment. Thereafter,
the commissioners are appointed for terms of 5 years, except that all vacancies must
be filled for the unexpired terms. All subsequent appointments and appointments to
fill a vacancy must be made as provided in this subsection.



(1) In a municipality with housing that is subsidized or assisted by programs of
the United States Department of Housing and Urban Development, at least 2 of the commissioners
must be residents of that housing. When tenant associations exist in the housing,
the appointing authority shall give priority consideration to nominations made by
the associations. The first commissioner appointed to an authority, who is a resident
of subsidized or assisted housing, serves for a 4-year term from the date of appointment.
Thereafter, the commissioner must be appointed as provided in this subsection.




(2) A certificate of the appointment or reappointment of any commissioner must be
filed with the authority. This certificate is conclusive evidence of the due and
proper appointment of the commissioner. [1993, c. 218, §1 (AMD).]











B. A commissioner shall receive no compensation for services but is entitled to any necessary
expenses, including travel expenses, incurred in the discharge of duties. Each commissioner
shall hold office until a successor has been appointed and has qualified. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]














C. Each authority shall elect a chair and vice-chair from among the commissioners. An authority may employ a secretary, who is executive director, and technical experts and any other officers, agents and employees
that it requires and shall determine their qualifications, duties and compensation.
An authority may employ its own counsel and legal staff. It may delegate to its agents
or employees any powers or duties that it considers proper. [2011, c. 560, §1 (AMD).]










D. The powers of an authority are vested in its commissioners. Meetings of the commissioners
may be held anywhere within the area of operation of the authority or within any additional
area where the authority is authorized to undertake a project. Four commissioners
constitute a quorum of an authority for the purpose of conducting its business, exercising
its powers and for all other purposes, notwithstanding the existence of any vacancies.
The authority may take action upon the vote of a majority of the commissioners present,
unless its bylaws require a larger number. [1987, c. 737, Pt. A, §2 (NEW); 1987, c. 737, Pt. C, §106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, §2 (AMD); 1989, c. 104, Pt. C, §§8, 10 (AMD).]











[
2011, c. 560, §1 (AMD)
.]








2. State. 
The following provisions apply to the state housing authority.








A. [1993, c. 359, Pt. D, §2 (RP).]






B. The Maine State Housing Authority, as authorized by Title 5, chapter 379, must have
10 commissioners, 8 of whom must be appointed by the Governor, subject to review by
the joint standing committee of the Legislature having jurisdiction over economic
development and to confirmation by the Legislature. The 9th commissioner is the Treasurer
of State who serves as an ex officio voting member. The Treasurer of State may designate
the Deputy Treasurer of State to serve in place of the Treasurer of State. The 10th
commissioner is the director of the Maine State Housing Authority who serves as an
ex officio nonvoting member. At least 3 gubernatorial appointments must include a
representative of bankers, a representative of elderly people and a resident of housing
that is subsidized or assisted by programs of the United States Department of Housing
and Urban Development or of the Maine State Housing Authority. In appointing the
resident, the Governor shall give priority consideration to nominations that may be
made by tenant associations established in the State. Of the 5 remaining gubernatorial
appointments, the Governor shall give priority to a representative involved in the
housing business and a representative of people with disabilities. The powers of the Maine State Housing Authority are vested in the commissioners.
The commissioners may delegate such powers and duties to the director of the Maine
State Housing Authority as they determine appropriate.


The Governor shall appoint the chair of the commissioners from among the 8 gubernatorial
appointments. The chair serves as a nonvoting member, except that the chair may vote
only when the chair's vote will affect the result. The commissioners shall elect a vice-chair of the commissioners from among their
number.


























Following reasonable notice to each commissioner, 5 commissioners of the Maine State
Housing Authority constitute a quorum for the purpose of conducting its business,
exercising its powers and for all other purposes, notwithstanding the existence of
any vacancies. Action may be taken by the commissioners upon a vote of a majority
of the commissioners present, unless otherwise specified in law or required by its bylaws. [2011, c. 560, §1 (AMD).]










C. The Maine State Housing Authority must have a director, who must be a person qualified by training and experience to perform
the duties of the office. The Governor shall appoint the director of the Maine State
Housing Authority, subject to review by the joint standing committee of the Legislature
having jurisdiction over economic development, and to confirmation by the Legislature.



(1) The director is the chief administrative officer of the Maine State Housing Authority. The commissioners shall establish the rate and amount of compensation of the director. The commissioners are responsible for the performance review and termination of the
director. Any decision to terminate the director must be made by an affirmative vote
of at least 5 commissioners.




(3) The director of the Maine State Housing Authority shall supervise the administrative affairs and technical activities of the Maine State
Housing Authority in accordance with the rules and policies established by the commissioners.
The director of the Maine State Housing Authority may act in all personnel matters and may employ technical or legal experts and any
other officers, agents and employees that the director requires, and shall determine
their qualifications, duties and compensation. The director may delegate to the employees
and agents any powers and duties that the director considers proper. [2011, c. 560, §1 (AMD).]











D. Any person who, at the time of appointment, is a resident of the State, may serve
as a commissioner, except that the director need not be a resident of the State before
being appointed.



(1) Each commissioner, except for the director and the Treasurer of State, serves
a 4-year term beginning with the expiration of the term of that person's predecessor,
except that a vacancy occurring in a position before the normal expiration of the
appointment must be filled as soon as practicable by a new gubernatorial appointee
who serves for the remainder of the unexpired term. Each commissioner continues to
hold office after the term expires until a successor is appointed. In any instance
in which more than one commissioner is serving beyond the original term, any new appointee
is deemed to succeed the commissioner whose term expired first.




(2) The Secretary of State shall prepare a certificate evidencing the appointment
of each commissioner. An original of this certificate must be provided to the appointee.
One authenticated copy must be retained by the Maine State Housing Authority and one
by the Secretary of State. An authenticated certificate of appointment is conclusive
evidence of the appointment. [1993, c. 359, Pt. D, §3 (AMD).]











E. The director is a full-time employee of the authority, but may receive fees or honoraria
for services provided to others not in conflict with full-time duties and not performed
during time for which the director is receiving compensation from the Maine State
Housing Authority. In addition to any authorized compensation, the director is entitled
to any employee benefits that are available to other employees of the Maine State
Housing Authority, including, but not limited to, authority contributions to any retirement
plan, insurance plan, deferred compensation plan or other similar benefits. Each
commissioner is entitled to compensation according to the provisions of Title 5, chapter 379, except notwithstanding Title 5, section 12003-A, subsection 4, authorized expenses
incurred by a state employee, or designee of that state employee, serving in an ex
officio capacity as a commissioner must be paid from the budget of the authority. [2011, c. 560, §1 (AMD).]







[
2011, c. 560, §1 (AMD)
.]





SECTION HISTORY

1987, c. 737, §§A2,C106 (NEW).
1989, c. 6, (AMD).
1989, c. 9, §2 (AMD).
1989, c. 104, §§C8,10 (AMD).
1991, c. 574, §2 (AMD).
1993, c. 218, §1 (AMD).
1993, c. 359, §§D2,3 (AMD).
2007, c. 101, §1 (AMD).
2011, c. 560, §1 (AMD).