GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 1
HOUSE BILL 638*
Short Title: Greenville Housing Authority. |
(Local) |
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Sponsors: |
Representatives E. Warren, McLawhorn, Williams (Primary Sponsors); and E. Floyd. |
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Referred to: |
Local Government II, if favorable, Judiciary III. |
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March 18, 2009
A BILL TO BE ENTITLED
AN ACT to authorize the city council of the city of greenville to appoint some of the city's housing authority commissioners and to REDUCE THE TERMS OF the city's HOUSING AUTHORITY COMMISSIONERS FROM FIVE YEARS TO THREE YEARS.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 157-5 reads as rewritten:
"§ 157-5. Appointment, qualifications and tenure of commissioners.
(a) An authority
shall consist of not less than five nor more than eleven commissioners
appointed by the mayor and the mayor shall designate the first chair.commissioners.
One commissioner shall be appointed by the mayor, and all other commissioners
shall be appointed by the city council. No commissioner may be a city
official. At least one of the commissioners appointed shall be a person who is
directly assisted by the public housing authority. However, there shall be no
requirement to appoint such a person if the authority: (i) operates less than
300 public housing units, (ii) provides reasonable notice to the resident
advisory board of the opportunity for at least one person who is directly
assisted by the authority to serve as a commissioner, and (iii) within a
reasonable time after receipt of the notice by the resident advisory board, has
not been notified of the intention of any such person to serve. The mayor city
council shall appoint the person directly assisted by the authority unless
the authority's rules require that the person be elected by other persons who
are directly assisted by the authority. If the commissioner directly assisted
by the public housing authority ceases to receive such assistance, the
commissioner's office shall be abolished and another person who is directly
assisted by the public housing authority shall be appointed by the mayor.city
council.
...
(d) The mayor shall
designate overlapping terms of not less than one nor more than five years for
the commissioners first appointed. Thereafter, the term of office shall be five
three years. A commissioner shall hold office until his or her
successor has been appointed and has qualified. Vacancies shall be filled for
the unexpired term. A majority of the commissioners shall constitute a quorum. The
Where the appointment is made by the mayor, the mayor shall file
with the city clerk 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. Where the appointment is made by
the city council, the city council shall adopt a resolution or motion of
appointment or reappointment of any commissioner, and the resolution or record
of the official act shall be conclusive evidence of the due and proper
appointment of the commissioner. A commissioner shall receive no
compensation for his or her services but he or she shall be entitled to the
necessary expenses including traveling expenses incurred in the discharge of
his or her duties.
...."
SECTION 2. This act applies to the City of Greenville only.
SECTION 3. This act is effective when it becomes law and applies to appointments, reappointments, and terms of office commencing on or after that date.