§ 29-4-504 — Appointment of commissioners

Colorado § 29-4-504

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Housing

Text

(1) The authority shall consist of
commissioners appointed by the board in the manner provided in either subsection
(2) or (3) of this section.

(2) The board may provide that the members of the board 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 board. The
chairman of the board shall ex officio be chairman of the commissioners, and the
commissioners shall select from their members a vice-chairman.

(3) (a) The board may provide that an authority shall consist of no more than
eleven commissioners appointed by the chairman of the board, who shall designate
the first chairman. Not more than one of such commissioners may be a county
official. In the event that a county 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 county official shall not be affected or curtailed by the expiration of the
term of his or her county office.

(b) The commissioners who are appointed under the provisions of this
subsection (3) shall be designated by the chairman of the board 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 shall be 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 shall constitute a quorum. The chairman of the board shall file with
the county clerk and recorder a certificate of the appointment or reappointment of
any commissioner, and such certificate shall be conclusive evidence of the due and
proper appointment of such commissioner. The authority shall select from its
members a vice-chairman and a chairman when the office of the first chairman
becomes vacant.

(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 county
attorney 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 may deem proper.

(6) The board 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.

(7) No commissioner or employee of an authority shall acquire any interest,
direct or indirect, in any project or in any property included or planned to be in any
project, nor shall he have any interest, direct or indirect, in any contract or proposed
contract for materials or services to be furnished or used in connection with any
project. If any commissioner or employee of an authority owns or controls an
interest, direct or indirect, in any property included or planned to be included in any
project, he shall immediately disclose the same in writing to the authority, and such
disclosure shall be entered upon the minutes of the authority. Failure to so disclose
such interest shall constitute misconduct in office. Upon disclosure such
commissioner or employee shall not be allowed to participate in any action by the
authority for acquisition of such property or making such contract.

(8) For inefficiency or neglect of duty or misconduct in office, a
commissioner of an authority may be removed by the board, but only after a hearing
and after he has been given a copy of the charges at least ten days prior to such
hearing and an opportunity to be heard in person or by counsel. In the event of the
removal of any commissioner, a record of the proceedings together with the
charges and findings thereon shall be filed in the office of the clerk of the board.

(9) The terms of office of present commissioners of authorities created
under this section shall expire July 1, 1973. Prior to such date, the board shall
appoint new commissioners, as provided in subsections (2) and (3) of this section,
such appointments to be effective July 1, 1973.

Legislative History

Source: L. 51: p. 447, � 4. CSA: C. 82, � 82. CRS 53: � 69-6-4. L. 61: p. 425, � 4. C.R.S. 1963: � 69-6-4. L. 73: p. 801, � 3. L. 95: (5) amended, p. 1105, � 44, effective May 31. L. 99: (3) amended, p. 130, � 4, effective March 24. L. 2000: (3.5) added, p. 881, � 5, effective August 2.