§ 14-169-208 - Appointment, etc., of commissioners, employees. - Arkansas Statutes

14-169-208. Appointment, etc., of commissioners, employees.

(a) (1) When the governing body of a city adopts a resolution as prescribed in 14-169-207, it shall promptly notify the mayor of the adoption.

(2) (A) Upon receiving the notice, the mayor shall appoint five (5) persons as commissioners of the housing authority created for the city.

(B) When the governing body of a county adopts a resolution as indicated, the governing body shall appoint five (5) persons as commissioners of the authority created for the county.

(b) No commissioner of an authority may be an officer or employee of the city or county for which the authority is created.

(c) (1) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment.

(2) (A) Thereafter, commissioners shall be appointed as prescribed for a term of office of five (5) years. However, all vacancies shall be filled for the unexpired term.

(B) (i) When the term of office of a commissioner expires or other vacancy occurs in the commissioners of an authority, the commissioners shall appoint a successor to fill the vacancy, subject to confirmation by the municipal or county governing body.

(ii) If the commissioners fail to appoint a successor within forty-five (45) calendar days from the date a commissioner's term expires or other vacancy occurs, the governing body shall appoint a successor.

(C) (i) If the governing body fails to confirm or reject the commissioner's appointment within forty-five (45) calendar days after receiving written notice of the appointment, the appointment shall be deemed confirmed and the governing body shall have no power to act on the appointment thereafter.

(ii) If the governing body rejects such appointment within forty-five (45) calendar days after receiving written notice of the appointment, the commissioners shall within thirty (30) calendar days after receiving written notice of such rejection appoint another person to fill the vacancy.

(iii) If the commissioners fail to make the appointment within the thirty-day period, the governing body shall appoint a successor.

(3) A commissioner shall hold office until his successor has been appointed and has qualified.

(d) (1) A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the governing body.

(2) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner.

(e) A commissioner may receive reasonable compensation for his services, not to exceed three hundred dollars ($300) per year. He shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties.

(f) The powers of each authority shall be vested in their commissioners in office from time to time.

(g) (1) Three (3) commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes.

(2) Action may be taken by the authority upon a vote of a majority of the commissioners present, except as provided in this subchapter and except as otherwise provided in the bylaws of the authority.

(h) (1) The mayor, or in the case of an authority for a county, the governing body of the county, shall designate which of the commissioners appointed shall be the first chairman.

(2) When the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its commissioners.

(i) (1) An authority shall select from among its commissioners a vice chairman. It may also employ a secretary, who shall be executive director, technical experts, and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation.

(2) For such legal services as it may require, an authority may call upon the chief law officer of the city or the county or may employ its own counsel and legal staff.

(3) An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.