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S1347aa....................................by LOCAL GOVERNMENT AND TAXATION
HOUSING AUTHORITIES - Amends existing law to provide that housing
authorities may contract with other housing authorities for services; to
provide that local governmental entities may jointly create a housing
authority; to provide that housing authority commissioners may employ an
executive director who shall serve as an at-will employee; to provide for
removal of the housing authority commissioners; and to provide that meeting
minutes, financial reports, copies of claims and causes of action against
the authority and a copy of the authority's employee policy handbook must
be filed with the city or county clerk.
01/28 Senate intro - 1st rdg - to printing
01/29 Rpt prt - to Loc Gov
02/12 Rpt out - to 14th Ord
02/13 Rpt out amen - to engros
02/16 Rpt engros - 1st rdg - to 2nd rdg as amen
02/17 2nd rdg - to 3rd rdg as amen
02/20 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Twiggs
Floor Sponsor - Frasure
Title apvd - to House
02/23 House intro - 1st rdg as amen - to Loc Gov
03/11 Rpt out - rec d/p - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - PASSED - 61-0-9
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(15),
Bruneel, Callister, Campbell, Chase, Clark, Crane, Cuddy, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest,
Hornbeck, Jaquet, Jones(22), Jones(20), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds,
Richman, Ridinger, Robison, Sali, Schaefer, Stevenson, Stoicheff,
Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Wood,
Zimmermann
NAYS -- None
Absent and excused -- Bivens, Black(23), Boe, Crow, Deal, Denney,
Jones(9), McKague, Mr Speaker
Floor Sponsor - Gagner
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/25 Governor signed
Session Law Chapter 367
Effective: 07/01/98
S1347|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1347, As Amended BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO HOUSING AUTHORITIES; AMENDING SECTION 31-4204, IDAHO CODE, TO PRO- 3 VIDE THAT HOUSING AUTHORITIES MAY CONTRACT WITH OTHER HOUSING AUTHORITIES 4 FOR SERVICES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 31-4205, 5 IDAHO CODE, TO PROVIDE THAT LOCAL GOVERNMENTAL ENTITIES MAY JOINTLY CREATE 6 BY RESOLUTION A HOUSING AUTHORITY; AMENDING SECTION 31-4210, IDAHO CODE, 7 TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS MAY EMPLOY AN EXECUTIVE 8 DIRECTOR WHO SHALL SERVE AS AN AT-WILL EMPLOYEE AND TO MAKE TECHNICAL COR- 9 RECTIONS; AMENDING SECTION 31-4211, IDAHO CODE, TO PROVIDE THAT HOUSING 10 AUTHORITY COMMISSIONERS MAY BE REMOVED BY MAJORITY VOTE OF COUNTY COMMIS- 11 SIONERS AT ANY TIME WITH OR WITHOUT CAUSE AND TO PROVIDE FOR NOTICE OF 12 REMOVAL; AMENDING SECTION 31-4221, IDAHO CODE, TO PROVIDE FOR THE FILING 13 BY HOUSING AUTHORITIES OF MEETING MINUTES, FINANCIAL REPORTS, COPIES OF 14 CLAIMS AND CAUSES OF ACTION AGAINST THE HOUSING AUTHORITY, AND EMPLOYEE 15 POLICY HANDBOOKS WITH THE COUNTY CLERK; AMENDING SECTION 50-1904, IDAHO 16 CODE, TO PROVIDE THAT HOUSING AUTHORITIES MAY CONTRACT WITH OTHER HOUSING 17 AUTHORITIES FOR SERVICES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 18 TION 50-1905, IDAHO CODE, TO PROVIDE THAT LOCAL GOVERNMENTAL ENTITIES MAY 19 JOINTLY CREATE BY RESOLUTION A HOUSING AUTHORITY; AMENDING SECTION 20 50-1910, IDAHO CODE, TO PROVIDE FOR CITY COUNCIL APPROVAL, TO PROVIDE THAT 21 HOUSING AUTHORITY COMMISSIONERS MAY EMPLOY AN EXECUTIVE DIRECTOR WHO SHALL 22 SERVE AS AN AT-WILL EMPLOYEE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 23 SECTION 50-1911, IDAHO CODE, TO PROVIDE THAT HOUSING AUTHORITY COMMISSION- 24 ERS MAY BE REMOVED BY THE MAYOR, WITH APPROVAL OF THE CITY COUNCIL AT ANY 25 TIME WITH OR WITHOUT CAUSE AND TO PROVIDE FOR NOTICE OF REMOVAL; AND 26 AMENDING SECTION 50-1921, IDAHO CODE, TO PROVIDE FOR THE FILING BY HOUSING 27 AUTHORITIES OF MEETING MINUTES, FINANCIAL REPORTS, COPIES OF CLAIMS AND 28 CAUSES OF ACTION AGAINST THE HOUSING AUTHORITY, AND ITS EMPLOYEE POLICY 29 HANDBOOKS WITH THE CITY CLERK. 30 Be It Enacted by the Legislature of the State of Idaho: 31 SECTION 1. That Section 31-4204, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 31-4204.HOUSING AUTHORITY AS INDEPENDENT BODY CORPORATE AND POLI-34TIC --POWERS OF AUTHORITY . A housing authority shall con- 35 stitute an independent public body corporate and politic, exercising public 36 and essential governmental functions, and having all the powers necessary or 37 convenient to carry out and effectuate the purposes and provisions of this 38 act, including the following powers in addition to others herein granted: 39 (a) To sue and to be sued; to have a seal and to alter the same at pleas- 40 ure; to have perpetual succession; to make and execute contracts and other 41 instruments necessary or convenient to the exercise of the powers of the 42 authority , including the power to contract with other housing authori- 43 ties for services ; and to make and from time to time amend and repeal 2 1by-lawsbylaws , rules and regulations, not inconsis- 2 tent with this act, to carry into effect the powers and purposes of the 3 authority. 4 (b) Within the area of operation: to prepare, carry out, acquire, lease 5 and operate housing projects; to provide for the construction, reconstruction, 6 improvement, alteration or repair of any housing project or any part thereof. 7 (c) To arrange or contract for the furnishing by any person or agency, 8 public or private, of services, privileges, works or facilities for, or in 9 connection with, a housing project or the occupants thereof; and, notwith- 10 standing anything to the contrary contained in this act or in any other provi- 11 sion of law, to include in any contract let in connection with a project, 12 stipulations requiring that the contractor and any subcontractors comply with 13 requirements as to minimum wages and maximum hours of labor, and comply with 14 any conditions which the federal government may have attached to its financial 15 aid of the project. 16 (d) To lease or rent any dwellings, houses, accommodations, lands, build- 17 ings, structures or facilities embraced in any housing project and, subject to 18 the limitations contained in this act, to establish and revise the rents or 19 charges therefor; to own, hold and improve real or personal property; to pur- 20 chase, lease, obtain options upon, acquire by gift, grant, bequest, devise or 21 otherwise, any real or personal property or any interest therein; to acquire, 22 by the exercise of the power of eminent domain, any real property; to sell, 23 lease, exchange, transfer, assign, pledge or dispose of any real or personal 24 property or any interest therein; to insure or provide for the insurance of 25 any real or personal property or operation of the authority against any risks 26 or hazards; to procure or agree to the procurement of insurance or guarantees 27 from the federal government of the payment of any bonds or parts thereof 28 issued by an authority, including the power to pay premiums on any such insur- 29 ance. 30 (e) To invest any funds held in reserves or sinking funds, or any funds 31 not required for immediate disbursement, in property or securities in which 32 banks may legally invest funds, subject to the control of the housing author- 33 ity; to purchase its own bonds at a price not more than the principal amount 34 thereof and accrued interest, and all bonds so purchased shall be cancelled. 35 (f) Within its area of operation: to investigate into living, dwelling 36 and housing conditions and into the means and methods of improving such condi- 37 tions; to determine where slum areas exist or where there is a shortage of 38 adequate, safe and sanitary dwelling accommodations for persons of low income; 39 to make studies and recommendations relating to the problem of clearing, 40 replanning and reconstruction of slum areas and the problem of providing 41 dwelling accommodations for persons of low income, and to cooperate with the 42 city, the county, the state or any political subdivision thereof in action 43 taken in connection with such problems; and to engage in research, studies and 44 experimentation on the subject of housing. 45 (g) Acting through one (1) or more commissioners or other 46 person or persons designated by the authority, to conduct examinations and 47 investigations and to hear testimony and take proof, under oath, at public or 48 private hearings on any matter material for its information; to administer 49 oaths, issue subpoenas requiring attendance of witnesses or the production of 50 books and papers, and to issue commissions for the examination of witnesses 51 who are outside of the state or unable to attend before the authority, or 52 excused from attendance; to make available, to appropriate agencies (including 53 those charged with the duty of abating or requiring the correction of nui- 54 sances or like conditions, or of demolishing unsafe or insanitary structures 55 within its area of operation), its findings and recommendations with regard to 3 1 any building or property where conditions exist which are dangerous to the 2 public health, morals, safety or welfare. 3 (h) To exercise all or any partofor combina- 4 tion of powers herein granted. 5 SECTION 2. That Section 31-4205, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 31-4205. CREATION OF HOUSINGAUTHORITYAUTHORITIES 8 . In any county of the state of Idaho, there may be created an indepen- 9 dent public body corporate and politic to be known as a housing authority, 10 which shall not be an agency of the county; provided, however, that such 11 authority shall not transact any business or exercise its powers hereunder 12 until or unless the governing body of the county, by proper resolution, shall 13 declare, at any time hereafter, that there is need for an authority to func- 14 tion in such county. The determination as to whether or not there is such need 15 for an authority to function (a) may be made by the governing body on its own 16 motion or (b) shall be made by the governing body upon the filing of a peti- 17 tion signed by twenty-five (25) residents of the county asserting that there 18 is need for an authority to function in such county and requesting that the 19 governing body so declare. 20 The governing body shall adopt a resolution declaring that there is need 21 for a housing authority in the county if it shall find (a) that insanitary or 22 unsafe inhabited dwelling accommodations exist in such county or (b) that 23 there is a shortage of safe or sanitary dwelling accommodations in such county 24 available to persons of low income or rentals they can afford. In determining 25 whether dwelling accommodations are unsafe or insanitary, said governing body 26 may take into consideration the degree of overcrowding, the percentage of land 27 coverage, the light, air, space and access available to the inhabitants of 28 such dwelling accommodations, the size and arrangement of the rooms, the sani- 29 tary facilities and the extent to which conditions exist in such building 30 which endanger life or property by fire or other causes. 31 Nothing in this act shall prevent governing bodies from jointly cre- 32 ating by resolution an independent public body corporate and politic to carry 33 out and effectuate the purposes and provisions of this act and to serve the 34 best interests of their respective citizenry. 35 In any suit, action or proceeding, involving the validity of enforcement 36 of or relating to any contract of the authority, the authority shall be con- 37 clusively deemed to have become established and authorized to transact busi- 38 ness and exercise its powers hereunder upon proof of the adoption of resolu- 39 tion by the governing body declaring the need for the authority. Such resolu- 40 tion or resolutions shall be deemed sufficient if it declares that there is 41 such need for an authority and finds in substantially the foregoing terms, no 42 further detail being necessary, that either or both of the above enumerated 43 conditions exist in the county. A copy of such resolution, duly certified by 44 the clerk, shall be admissible in evidence in any suit, action or proceeding. 45 SECTION 3. That Section 31-4210, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 31-4210. COMMISSIONERSOF AUTHORITY-- APPOINTMENT--48TERMS -- QUORUM -- OFFICERS, AGENTS AND EMPLOYEES OF COMMISSION -- DELEGATION49OF POWERS-- QUALIFICATIONS -- TENURE . When a governing 50 body of a county adopts a resolution as aforesaid, it shall appoint five (5) 51 persons as commissioners of the authority created for said county. The commis- 4 1 sioners who are first appointed shall be designated to serve for terms of one 2 (1), two (2), three (3), four (4), and five (5) years, except that all vacan- 3 cies shall be filled for the unexpired term. No commissioner of any authority 4 may be an officer or employee of the county for which the authority is cre- 5 ated. A commissioner shall hold office until his successor has been appointed 6 and qualified. A certificate of appointment or reappointment of any commis- 7 sioner shall be filed with the clerk and such certificate shall be conclusive 8 evidence of the due and proper appointment of such commissioner. A commis- 9 sioner shall receive no compensation for his services for the authority in any 10 capacity, but he shall be entitled to the necessary expenses, including 11 travel expenses, incurred in the discharge of his duties. 12 The powers of each authority shall be vested in the commissioners. Three 13 (3) commissioners shall constitute a quorum of the authority for the purpose 14 of conducting its business and exercising its powers and for all other pur- 15 poses. Action may be taken by the authority upon a vote of a majority of the 16 commissioners present. Theby-lawsbylaws of the 17 authority shall designate which of the commissioners appointed shall be the 18 first chairman and such chairman shall serve in the capacity of chairman until 19 the expiration of his term of office as commissioner. When the office of the 20 chairman of the authority thereafter becomes vacant, the commissioners shall 21 select a chairman from their number, avice-chairmanvice 22 chairman , and may employ a secretary,who shall be23 an executive director who shall serve as an at-will employee of 24 the commissioners , technical experts and such other officers, agents 25 and employees, permanent and temporary, as it may require, and shall determine 26 their qualifications, duties and compensation. For such legal services as it 27 may require, an authority may call upon the prosecuting attorney of the county 28 or may employ its own counsel and legal staff. An authority may delegate to 29 one (1) or more of its agents or employees such powers or duties 30 as it may deem proper. 31 SECTION 4. That Section 31-4211, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 31-4211. REMOVAL OF COMMISSIONER S .For inefficiency or34neglect of duty or misconduct in office, aA commissioner 35 of an authority may be removed by a majority of the county 36 commissioners, but a commissioner shall be removed only after he shall37have been given a copy of the charges, at least ten (10) days prior to the38hearing thereon, and has had an opportunity to be heard in person or by coun-39sel. In the event of the removal of any commissioner pursuant to this section40a record of the proceeding, together with the charges and findings thereon,41shall be filed in the office of the clerkat any time, with or 42 without cause. The county commissioners shall cause to be sent a notice of the 43 removal to the commissioner removed, the authority and the clerk . 44 SECTION 5. That Section 31-4221, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 31-4221.ANNUALFILING OF MINUTES AND 47 REPORT S . (1) An authority shall file a copy of the minutes 48 of all meetings with the clerk within ten (10) days after their approval by 49 the authority. 50 (2) At least once a year, an authority shall file a report with 51 the clerk of its activities for the preceding year, and shall make recommenda- 5 1 tions with reference to such additional legislation or other action as it 2 deems necessary in order to carry out the purposes of this act. 3 (3) An authority shall file with the clerk a copy of the 4 authority's financial reports, any claims and causes of action against the 5 authority, and the authority's employee policy handbooks and any changes, mod- 6 ifications, or deletions to the handbooks. 7 SECTION 6. That Section 50-1904, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 50-1904. POWERS OF AUTHORITY. A housing authority shall constitute an 10 independent public body corporate and politic, exercising public and essential 11 governmental functions, and having all the powers necessary or convenient to 12 carry out and effectuate the purposes and provisions of this act, including 13 the following powers in addition to others herein granted: 14 (a) To sue and to be sued; to have a seal and to alter the same at pleas- 15 ure; to have perpetual succession; to make and execute contracts and other 16 instruments necessary or convenient to the exercise of the powers of the 17 authority , including the power to contract with other housing authori- 18 ties for services ; and to make and from time to time amend and repeal 19 bylaws, rules and regulations, not inconsistent with this act, to carry into 20 effect the powers and purposes of the authority. 21 (b) Within the area of operation: to prepare, carry out, acquire, lease 22 and operate housing projects; to provide for the construction, reconstruction, 23 improvement, alteration or repair of any housing project or any part thereof. 24 (c) To arrange or contract for the furnishing by any person or agency, 25 public or private, of services, privileges, works or facilities for, or in 26 connection with, a housing project or the occupants thereof; and, notwith- 27 standing anything to the contrary contained in this act or in any other provi- 28 sion of law, to include in any contract let in connection with a project, 29 stipulations requiring that the contractor and any subcontractors comply with 30 requirements as to minimum wages and maximum hours of labor, and comply with 31 any conditions which the federal government may have attached to its financial 32 aid of the project. 33 (d) To lease or rent any dwellings, houses, accommodations, lands, build- 34 ings, structures or facilities embraced in any housing project and, subject to 35 the limitations contained in this act, to establish and revise the rents or 36 charges therefor; to own, hold and improve real or personal property; to pur- 37 chase, lease, obtain options upon, acquire by gift, grant, bequest, devise or 38 otherwise, any real or personal property or any interest therein; to acquire, 39 by the exercise of the power of eminent domain, any real property; to sell, 40 lease, exchange, transfer, assign, pledge or dispose of any real or personal 41 property or any interest therein; to insure or provide for the insurance of 42 any real or personal property or operation of the authority against any risks 43 or hazards; to procure or agree to the procurement of insurance or guarantees 44 from the federal government of the payment of any bonds or parts thereof 45 issued by an authority, including the power to pay premiums on any such insur- 46 ance; to rent or sell and to agree to rent or sell dwellings forming part of 47 the housing projects to or for persons of low income. Where an agreement or 48 option is made to sell a dwelling to a person of low income, the authority may 49 convey the dwelling to the person upon fulfillment of the agreement irrespec- 50 tive of whether the person is at the time of the conveyance a person of low 51 income. Leases, options, agreements or conveyances may include such covenants 52 as the authority deems appropriate to assure the achievement of the objectives 53 of this chapter. 6 1 (e) To invest any funds held in reserves or sinking funds, or any funds 2 not required for immediate disbursement, in property or securities in which 3 banks may legally invest funds, subject to the control of the housing author- 4 ity; to purchase its own bonds at a price not more than the principal amount 5 thereof and accrued interest, and all bonds so purchased shall becan-6celedcancelled . 7 (f) Within its area of operation: to investigate into living, dwelling 8 and housing conditions and into the means and methods of improving such condi- 9 tions; to determine where slum areas exist or where there is a shortage of 10 adequate, safe and sanitary dwelling accommodations for persons of low income; 11 to make studies and recommendations relating to the problem of clearing, 12 replanning and reconstruction of slum areas and the problem of providing 13 dwelling accommodations for persons of low income, and to cooperate with the 14 city, the county, the state or any political subdivision thereof in action 15 taken in connection with such problems; and to engage in research, studies and 16 experimentation on the subject of housing. 17 (g) Acting through one (1) or more commissioners or other 18 person or persons designated by the authority, to conduct examinations and 19 investigations and to hear testimony and take proof, under oath, at public or 20 private hearings on any matter material for its information; to administer 21 oaths, issue subpoenas requiring attendance of witnesses or the production of 22 books and papers, and to issue commissions for the examination of witnesses 23 who are outside of the state or unable to attend before the authority, or 24 excused from attendance; to make available, to appropriate agencies (including 25 those charged with the duty of abating or requiring the correction of nui- 26 sances or like conditions, or of demolishing unsafe or insanitary structures 27 within its area of operation), its findings and recommendations with regard to 28 any building or property where conditions exist which are dangerous to the 29 public health, morals, safety or welfare. 30 (h) To make, purchase, participate in, invest in, take assignments of, or 31 otherwise acquire loans to persons of low income to enable them to acquire, 32 construct, reconstruct, rehabilitate, improve, lease or refinance their dwell- 33 ings, and to take such security therefor as is deemed necessary and prudent by 34 the authority. 35 (i) To make, purchase, participate in, invest in, take assignments of, or 36 otherwise acquire loans for the acquisition, construction, reconstruction, 37 rehabilitation, improvement, leasing or refinancing of land, buildings or 38 developments for housing for persons of low income. For purposes of this sub- 39 section, development shall include either land or buildings or both. 40 (j) Any housing project shall be subject to the requirement that the 41 dwelling units made available to persons of low income together with function- 42 ally related and subordinate facilities shall occupy at least thirty percent 43 (30%) of the interior space of any individual building other than a detached 44 single-family or duplex residential building or mobile or manufactured home 45 and shall occupy at least fifty percent (50%) of the total number of units in 46 the development or at least fifty percent (50%) of the total number of units 47 in the development, whichever produces the greater number of units for persons 48 of low income. For mobile home parks, the mobile home lots made available to 49 persons of low income shall be at least fifty percent (50%) of the total num- 50 ber of mobile home lots in the park. 51 (k) To exercise all or any part or combination of powers herein granted. 52 SECTION 7. That Section 50-1905, Idaho Code, be, and the same is hereby 53 amended to read as follows: 7 1 50-1905. CREATION OF HOUSING AUTHORITIES. In any city of the state of 2 Idaho, there may be created an independent public body corporate and politic 3 to be known as a housing authority, which shall not be an agency of the city; 4 provided, however, that such authority shall not transact any business or 5 exercise its powers hereunder until or unless the governing body of the city, 6 by proper resolution, shall declare, at any time hereafter, that there is need 7 for an authority to function in such city. The determination, as to whether or 8 not there is such need for an authority to function (a) may be made by the 9 governing body on its own motion or (b) shall be made by the governing body 10 upon the filing of a petition signed by twenty-five (25) residents of the 11 city, asserting that there is need for an authority to function in such city 12 and requesting that the governing body so declare. 13 The governing body shall adopt a resolution declaring that there is need 14 for a housing authority in the city if it shall find (a) that insanitary or 15 unsafe inhabited dwelling accommodations exist in such city or (b) that there 16 is a shortage of safe or sanitary dwelling accommodations in such city avail- 17 able to persons of low income or rentals they can afford. In determining 18 whether dwelling accommodations are unsafe or insanitary, said governing body 19 may take into consideration the degree of overcrowding, the percentage of land 20 coverage, the light, air, space and access available to the inhabitants of 21 such dwelling accommodations, the size and arrangement of the rooms, the sani- 22 tary facilities and the extent to which conditions exist in such building 23 which endanger life or property by fire or other causes. 24 Nothing in this act shall prevent governing bodies from jointly cre- 25 ating by resolution an independent public body corporate and politic to carry 26 out and effectuate the purposes and provisions of this act and to serve the 27 best interests of their respective citizenry. 28 In any suit, action or proceeding, involving the validity or enforcement 29 of or relating to any contract of the authority, the authority shall be con- 30 clusively deemed to have become established and authorized to transact busi- 31 ness and exercise its powers hereunder upon proof of the adoption of resolu- 32 tion by the governing body declaring the need for the authority. Such resolu- 33 tion or resolutions shall be deemed sufficient if it declares that there is 34 such need for an authority and finds in substantially the foregoing terms, no 35 further detail being necessary, that either or both of the above enumerated 36 conditions exist in the city. A copy of such resolution, duly certified by the 37 clerk, shall be admissible in evidence in any suit, action or proceeding. 38 SECTION 8. That Section 50-1910, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 50-1910. APPOINTMENT, QUALIFICATIONS AND TENURE OF COMMISSIONERS. When 41 the governing body of a city adopts a resolution as aforesaid, it shall 42 promptly notify the mayor of such adoption. Upon receiving such notice, the 43 mayor shall appoint , with the approval of the city council, five 44 (5) persons as commissioners of the authority created for said city. The com- 45 missioners, who are first appointed shall be designated to serve for terms of 46 one (1), two (2), three (3), four (4), and five (5) years, except that all 47 vacancies shall be filled for the unexpired term. No commissioner of any 48 authority may be an officer or employee of the city for which the authority is 49 created. A commissioner shall hold office until his successor has been 50 appointed and been qualified. A certificate of the appointment or reappoint- 51 ment of any commissioner shall be filed with the clerk and such certificate 52 shall be conclusive evidence of the due and proper appointment of such commis- 53 sioner. A commissioner shall receive no compensation for his services for the 8 1 authority in any capacity, but he shall be entitled to the necessary expenses, 2 including travel expenses, incurred in the discharge of his duties. 3 The powers of each authority shall be vested in the commissioners. Three 4 (3) commissioners shall constitute a quorum of the authority for the purpose 5 of conducting its business and exercising its powers and for all other pur- 6 poses. Action may be taken by the authority upon a vote of a majority of the 7 commissioners present. Theby-lawsbylaws of the 8 authority shall designate which of the commissioners appointed shall be the 9 first chairman and such chairman shall serve in the capacity of chairman until 10 the expiration of his term of office as commissioner. When the office of the 11 chairman of the authority thereafter becomes vacant, the commissioners shall 12 select a chairman from their number, avice-chairmanvice 13 chairman , and may employ a secretary,who shall be14 an executive director who shall serve as an at-will employee of 15 the commissioners , technical experts and such other officers, agents 16 and employees, permanent and temporary, as it may require, and shall determine 17 their qualifications, duties and compensation. For such legal services as it 18 may require, an authority may call upon the city attorney of the city or may 19 employ its own counsel and legal staff. An authority may delegate to one 20 (1) or more of its agents or employees such powers or duties as it may 21 deem proper. 22 SECTION 9. That Section 50-1911, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 50-1911. REMOVAL OF COMMISSIONERS.For inefficiency or neglect of25duty or misconduct in office, aA commissioner of an 26 authority may be removed by the mayor,but a commissioner shall be27removed only after he shall have been given a copy of the charges, at least 1028days prior to the hearing thereon, and has had an opportunity to be heard in29person or by counsel. In the event of the removal of any commissioner pursuant30to this section a record of the proceeding, together with the charges and31findings thereon, shall be filed in the office of the clerkwith 32 the approval of the city council, at any time, with or without cause. The 33 mayor shall cause to be sent a notice of the removal to the commissioner 34 removed, the authority and the city clerk . 35 SECTION 10. That Section 50-1921, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 50-1921. FILING OF MINUTES OF MEETINGS AND REPORTS. 38 (1) An authority shall file a copy of the minutes of all meetings with the 39 city clerk within ten (10) days after their approval by the authority. 40 (2) At least once a year, an authority shall file a report with 41 the city clerk of its activities for the preceding year, and shall make recom- 42 mendations with reference to such additional legislation or other action as it 43 deems necessary in order to carry out the purposes of this act. 44 (3) An authority shall file with the clerk a copy of the 45 authority's financial reports, any claims and causes of action against the 46 authority, the authority's employee policy handbooks and any changes, modifi- 47 cations, or deletions to the handbooks.
STATEMENT OF PURPOSE
RS07619
The purpose of this legislation is to provide a city or a
county with the authority to act in matters with respect to
the housing authorities commensurate with the responsibility
placed upon the local governing bodies by the public. The
amendments propose:
· Clarify that housing authorities can contract with other
authorities for service(a practice currently in
place.)
· Allows governing bodies to jointly create housing
authorities by resolution to carry out and effectuate
the purpose of the Housing Act in the most efficient
means and in the best interests of the communities.
· Distinguishes the duties of the secretary to the housing
commission and the executive director.
. Classifies the executive director as an at-will employee
serving the pleasure of the housing commissioners.
. Provides for the removal of a housing commissioner by the
mayor(in city housing authorities) or the majority vote of
the county commissioners(in county housing authorities.)
. Eliminates the grounds for removal of a housing
commissioner(inefficiency, neglect of duty or misconduct
in office) and the procedural hearing requirements
usually associated with employees, not at-will
appointees.
. Requires housing authorities to file copies of their
minutes of meetings, financial reports, employee
handbook manual for any changes, modifications or
deletions thereto, and claims and causes of action with
the clerk.
FISCAL NOTE
There is no fiscal impact to the State or it's political
subdivision. Housing authorities may have minimal
photocopying costs for copies required to be filed with the
city and county clerks.
CONTACT: J. O. Cotant, Bannock County Commissioner;
Chairman, Governor's Affordable Housing Advisory
Task Force
(208)236-7210
Susan Rowe, Governor's Office (208)334-2100
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No S1347