§ 157-36. Commissioners of regional housing authority. - North Carolina Statutes

§ 157‑36. Commissioners of regional housing authority.

(a)        The board of county commissioners of each county included ina regional housing authority shall appoint one person as a commissioner of suchauthority, and each such commissioner to be first appointed by the board ofcounty commissioners of a county may be appointed at or after the time of theadoption of the resolution declaring the need for such regional housingauthority or declaring the need for the inclusion of such county in the area ofoperation of such regional housing authority. When the area of operation of aregional housing authority is increased to include an additional county orcounties as provided in this Article, the board of county commissioners of eachsuch county shall thereupon appoint one additional person as a commissioner ofthe regional housing authority. The board of county commissioners of eachcounty shall appoint the successor of the commissioner appointed by it.

(b)        The commissioners of the regional housing authority shallappoint as a commissioner at least one person who is directly assisted by theauthority unless the authority's rules require that the person be elected byother persons who are assisted by the authority. However, there shall be norequirement to appoint such a person if the authority: (i) operates less than300 public housing units, (ii) provides reasonable notice to all residentadvisory boards within the authority's area of operation of the opportunity forat least one person who is directly assisted by the authority to serve as acommissioner, and (iii) within a reasonable time after receipt of the notice bythe resident advisory boards, has not been notified of the intention of anysuch person to serve. The commissioners of the regional housing authority shallappoint successors of the commissioner appointed by them and shall fill anyvacancies. A certificate of the appointment signed by the chair of thecommissioners of the regional housing authority shall be conclusive evidence ofthe due and proper selection of the commissioner. If the commissioner directlyassisted by the regional housing authority ceases to receive such assistance,the commissioner's office shall be abolished and another person who is directlyassisted by the regional housing authority shall be appointed by thecommissioners of the regional housing authority.

(c)        No commissioner who is also a person directly assisted bythe regional housing authority shall be qualified to vote on matters affectinghis or her official conduct or matters affecting his or her own individualtenancy, as distinguished from matters affecting tenants in general.

(d)        If any county is excluded from the area of operation of aregional housing authority, the office of the commissioner of such regionalhousing authority appointed by the board of county commissioners of such countyshall be thereupon abolished. If the person appointed as a commissioner undersubsection (b) of this section resides in a county that is excluded from theauthority's area of operation, the office of that commissioner shall beabolished and another person residing within the authority's area of operationshall be appointed.

(e)        A certificate of the appointment of any commissioner signedby the chair of the board of county commissioners (or the appointing officer)shall be conclusive evidence of the due and proper appointment of suchcommissioner.

(f)         If the area of operation of a regional housing authorityconsists at any time of an even number of counties, except as provided insubsection (g) of this section, the Governor shall appoint one additionalcommissioner to such regional housing authority whose term of office shall beas herein provided for a commissioner of a regional housing authority, exceptthat such term shall end at any earlier time that the area of operation of theregional housing authority shall be changed to consist of an odd number ofcounties. The Governor shall likewise appoint each person to succeed suchadditional commissioner. A certificate of the appointment of any suchadditional commissioner shall be signed by the Governor and filed with theSecretary of State. A copy of such certificate, duly certified by the Secretaryof State, shall be conclusive evidence of the due and proper appointment ofsuch additional commissioner.

(g)        If the membership of the board of commissioners consists ofan even number as a result of the appointment of a person who is directlyassisted by the regional housing authority, the Governor shall appoint oneadditional commissioner to the authority whose term of office shall be asherein provided for a commissioner of an authority, except that such term shallend at any earlier time that the area of operation of the authority shall bechanged to consist of an even number of counties. A certificate of theappointment shall be signed and filed as provided in subsection (f) of thissection. The Governor shall appoint successors to the additional commissionerand shall fill any vacancies.

(h)        The commissioners of a regional housing authority shall beappointed for terms of five years except that all vacancies shall be filled forthe unexpired terms. Each commissioner shall hold office until his or hersuccessor has been appointed and has qualified.

(i)         For inefficiency or neglect of duty or misconduct inoffice, a commissioner of a regional housing authority may be removed by theappointing authority. The commissioner shall have been given a copy of thecharges against him or her at least 10 days prior to the hearing thereon andshall have had an opportunity to be heard in person or by counsel.

(j)         The commissioners appointed as aforesaid shall constitutethe regional housing authority, and the powers of such authority shall bevested in such commissioners in office from time to time.

(k)        The commissioners of a regional housing authority shallelect a chair from among the commissioners and shall have power to select oremploy such other officers and employees as the regional housing authority mayrequire. A majority of the commissioners of a regional housing authority shallconstitute a quorum of such authority for the purpose of conducting itsbusiness and exercising its powers and for all other purposes. (1941, c. 78, s. 4; 1943, c. 636, s. 4; 1999‑146,s. 2.)