(1)The authority shall consist of
commissioners selected by the council in the manner provided in either subsection
(2)or (3) of this section.
(2)The council may provide that all members of the governing body of the
city shall ex officio be appointed the commissioners of the authority. The terms of
office of such commissioners shall be coterminous with their terms of office on the
governing body. For the purposes of this subsection (2), the term governing body
means the mayor and council, board of trustees, board of commissioners, legislative
body, or other body charged with governing the city. The mayor or, if the city has no
mayor, the president of the council or such other presiding officer of the council
shall ex officio be chairman of the commissioners. The commissioners
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(1) The authority shall consist of
commissioners selected by the council in the manner provided in either subsection
(2) or (3) of this section.
(2) The council may provide that all members of the governing body of the
city shall ex officio be appointed the commissioners of the authority. The terms of
office of such commissioners shall be coterminous with their terms of office on the
governing body. For the purposes of this subsection (2), the term governing body
means the mayor and council, board of trustees, board of commissioners, legislative
body, or other body charged with governing the city. The mayor or, if the city has no
mayor, the president of the council or such other presiding officer of the council
shall ex officio be chairman of the commissioners. The commissioners shall select
from among their members a vice-chairman.
(3) (a) The council may provide that an authority shall consist of no more
than nine commissioners appointed by the mayor or such other appointing authority
as is otherwise provided by charter or ordinance; except that the council of a city
and county having a population of more than three hundred thousand may provide
that such authority shall consist of nine commissioners appointed by the mayor or
such other appointing authority as is otherwise provided by charter or ordinance.
The council may also provide that the mayor or such other appointing authority as is
otherwise provided by charter or ordinance shall designate the first chairman. Not
more than one of such commissioners may be a city official. In the event that a city
official is appointed as a commissioner of an authority, acceptance or retention of
such appointment shall not be deemed a forfeiture of his or her office, or
incompatible therewith, or affect his or her tenure or compensation in any way. The
term of office of a commissioner of an authority who is a city official shall not be
affected or curtailed by the expiration of the term of his or her city office.
(b) The commissioners appointed under this subsection (3) shall be
designated by the mayor or such other appointing authority as is otherwise
provided by charter or ordinance to serve for terms that are staggered from the
date of their appointment such that, to the extent possible, the terms of an equal
number of commissioners end each year. Thereafter, the term of office is the
number of years as set by the council by resolution, not to exceed five years in
length, or, if the council has not so acted, five years. A commissioner shall hold
office until his or her successor has been appointed and has qualified. Vacancies
other than by reason of expiration of terms shall be filled for the unexpired term. A
majority of the commissioners constitutes a quorum. The mayor or such other
appointing authority as is otherwise provided by charter or ordinance shall file with
the city clerk a certificate of the appointment or reappointment of any
commissioner, and such certificate is conclusive evidence of the due and proper
appointment of each commissioner. The authority shall select from its members a
vice-chairman and a chairman when the office of the first chairman becomes
vacant.
(c) Until such time as the council takes action pursuant to subsection (6) of
this section, all appointments of the commissioners appointed pursuant to this
subsection (3) shall be conditioned upon confirmation by the council as required by
section 29-4-204 (4). This paragraph (c) shall apply to original and successor
appointments and to appointments to fill vacancies.
(3.5) Notwithstanding any other provision to the contrary, commencing on
and after August 2, 2000, as new appointments are made to authorities pursuant to
subsection (3) of this section, such appointments shall be made so that not less
than one commissioner of each authority shall be an individual who is directly
assisted by the authority and who may, if provided in a plan of the authority, be
elected by individuals directly assisted by the authority. This subsection (3.5) shall
not apply to any authority with fewer than three hundred public housing units if the
authority provides reasonable notice to the resident advisory board of the
opportunity for not less than one individual to serve as a commissioner of the
authority as provided in this subsection (3.5) and, within a reasonable time after
receipt by such board of the notice, the authority is not notified of the intention of
any such individual to serve as a commissioner.
(4) A commissioner shall receive no compensation for his services but shall
be reimbursed for actual and necessary expenses incurred in the performance of
his official duties.
(5) An authority may 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. An authority may call upon the corporation counsel or chief law
officer of the city for such legal services as it may require, or it may employ its own
counsel and legal staff. An authority may delegate to one or more of its agents or
employees such powers or duties as it deems proper.
(6) (a) Any council may, by resolution, change the method of appointment of
commissioners after a proper notice and hearing and set a date for the changed
method to become effective.
(b) Subsequent to the appointment of nine commissioners by the mayor and
their confirmation by the council pursuant to section 29-4-204 (4), any council of a
city and county having a population of more than three hundred thousand may, by
resolution, change the number of commissioners after a proper notice and hearing
and set a date for the changed number to become effective.
(7) The terms of office of present commissioners of authorities created
under this section shall expire July 1, 1973. Prior to such date, the council shall
appoint new commissioners, as provided in either subsection (2) or (3) of this
section, such appointments to be effective July 1, 1973.