SECTIONS 34270-34286

34270.  When the governing body of a city adopts a resolutiondeclaring the need for an authority, it shall promptly notify themayor of the adoption. Upon receiving the notice and if his office isone filled by election by the people, the mayor, subject to theconfirmation of a majority of the members of the governing body,shall appoint five persons as commissioners of the authority. Themayor shall appoint two additional commissioners who are tenants ofthe authority if the authority has tenants, or within one year afterthe authority first does have tenants. One such tenant commissionershall be over 62 years of age if the authority has tenants of suchage. If the office of the mayor is not elective, the city governingbody shall make the appointments. The amendments to this section enacted by the Legislature at the1975-76 Regular Session shall not affect the office of anycommissioner of a housing authority, which on January 1, 1976, hasseven commissioners, but the successors to the two additionalcommissioners appointed pursuant to the changes in this section whichwere made by Chapter 120 of the Statutes of 1972 or Chapter 545 ofthe Statutes of 1974 shall be tenants of the authority and one shallbe over 62 years of age if the authority has tenants of such age.34270.1.  The provisions of this section apply to an authority in acity and county. Notwithstanding any other provision of law to the contrary,including Section 34272, the mayor shall appoint five persons ascommissioners of the authority in a city and county. The mayor shallappoint two additional commissioners who are tenants of theauthority. One such tenant commissioner shall be over 62 years of ageif the authority has tenants of such age. Appointments shall not besubject to confirmation by the governing body of the city and county.All commissioners appointed on and after January 1, 1977, shall beresidents of the city and county, at the time of their appointmentand during their term of office. A failure to maintain residence inthe city and county shall cause the office to be vacant. Vacancies inoffice for whatever reason, including but not limited to, theexpiration of a term, shall be filled by the mayor as provided for inthis section.34271.  When the governing body of a county adopts such a resolutionit shall appoint five persons as commissioners of the authority. Thegoverning body shall appoint two additional commissioners who aretenants of the authority if the authority has tenants, or within oneyear after the authority first does have tenants. One such tenantcommissioner shall be over 62 years of age if the authority hastenants of such age. The amendments to this section enacted by the Legislature at the1975-76 Regular Session shall not affect the office of anycommissioner of a housing authority, which on January 1, 1976, hasseven commissioners, but the successors to the two additionalcommissioners appointed pursuant to the changes in this section whichwere made by Chapter 120 of the Statutes of 1972 or Chapter 545 ofthe Statutes of 1974 shall be tenants of the authority and one shallbe over 62 years of age if the authority has tenants of such age.34271.5.  (a) The governing body of a county of the 10th class mayappoint two additional commissioners to increase the number ofcommissioners of an authority which is in existence and transactingbusiness and exercising its powers on March 7, 1973. (b) One of the two additional commissioners shall be a projecttenant and the other shall be a senior citizen over 62 years of agewho may be a tenant. The two additional commissioners first appointedshall not be or have been commissioners of such authority. (c) The two additional commissioners shall serve for terms of fouryears from the date of their appointments. Their successors shall beappointed for a term of four years except that all vacancies shallbe filled for the unexpired term. (d) Under this section, four commissioners shall constitute aquorum of the authority for the purpose of conducting its businessand exercising its powers and for all other purposes. (e) All of the provisions of this part shall apply to an authorityof a county of the 10th class, except those provisions whichconflict with the provisions of this section.34272.  (a) In the case of a commission of five persons, three ofthe commissioners first appointed shall be designated by theappointing authority to serve for terms of one, two, and three years,respectively, from the date of their appointment, and two shall bedesignated to serve for terms of four years from the date of theirappointments. If two tenant commissioners are added to increase thenumber of commissioners of an authority, such commissioners shallserve for terms of two years from the date of their appointments, andtheir successors shall be tenants. Successors of commissioners shallbe appointed for a term of four years, except that successors oftenant commissioners shall be appointed for a term of two years andall vacancies shall be filled for the unexpired term. A tenantcommissioner shall have all the powers, duties, privileges, andimmunities of any other commissioner. If a tenant commissioner ceasesto be a tenant of the authority, he shall be disqualified ascommissioner and another tenant shall be appointed to fill theunexpired term. (b) Notwithstanding any other law, and subject to the conditionsin this section, a commissioner may be an officer or employee of thecounty or city for which the authority is created, or he may be amember, commissioner, or employee of any other agency or authorityof, or created for, the community. (c) An officer or employee of a city or county in which anauthority is established may serve as a commissioner only if suchofficer or employee does not exercise powers or duties in his officeor employment that may conflict with the exercise of the independentjudgment required to carry out the purposes of an authority. (d) Any appointment of a successor to a commissioner of a cityhousing authority shall be made by the mayor if his office is onefilled by election by the people, subject to the confirmation of amajority of the members of the governing body. If the office of mayoris not elective the governing body of the city shall make theappointment. All appointments of commissioners of a county housingauthority shall be made by the governing body of the county. The amendments to this section enacted by the Legislature at the1975-76 Regular Session shall not affect the office of anycommissioner of a housing authority, which on January 1, 1976, hasseven commissioners, but the successors to the two additionalcommissioners appointed pursuant to the changes in this section whichwere made by Section 2 of Chapter 367 of the Statutes of 1972 orChapter 1112 of the Statutes of 1974 shall be tenants of theauthority and one shall be over 62 years of age if the authority hastenants of such age.34273.  A certificate of the appointment or reappointment of anycommissioner shall be filed with the clerk and the certificate isconclusive evidence of the due and proper appointment of thecommissioner.34274.  A commissioner shall not be regularly employed by theauthority to which he is appointed during his tenure of office, butmay receive per diem payment for attendance at not more than fourmeetings per month of the authority, which shall not exceed fiftydollars ($50) per day, and shall receive necessary traveling andsubsistence expenses incurred in the discharge of his duties.34275.  The power of each authority is vested in the commissionersin office from time to time.34276.  In the case of a commission of five persons, threecommissioners constitute a quorum of the authority for the purpose ofconducting its business and exercising its powers and for all otherpurposes while in the case of a commission of seven persons, fourcommissioners constitute a quorum for such purposes. Action may betaken by the authority upon a vote of a majority of the commissionersempowered to vote, unless in any case the bylaws of the authorityrequire a larger number.34277.  The mayor of the city or the governing body of the countyshall designate the first chairman from among the commissioners. Theauthority shall select his successor from among its commissioners.34278.  (a) An authority shall select from among its commissioners avice chairman. It also may employ a secretary, who shall beexecutive director, technical experts, and any other officers,agents, and employees that it requires, and shall determine theirqualifications, duties, terms of employment, and compensation. Theauthority shall adopt personnel rules and regulations applying to allemployees. Those rules shall contain procedures affecting conflictsof interest, use of funds, and personnel procedures on hiring andfiring, including removal of personnel for inefficiency, neglect ofduties, or misconduct in office. Those rules and regulations shall beof public record. (b) An authority may contract with the Department of Housing andCommunity Development, any city, any county, or any other authority,for the furnishing by the department, city, county, or authority ofany necessary staff services associated with or required by anauthority and which could be performed by the staff of an authority.34279.  For the legal services it requires, an authority may callupon the chief law officer of the city or the county or may employits own counsel and legal staff.34280.  An authority may delegate to one or more of its agents oremployees the powers or duties it deems proper.34281.  A commissioner or employee of an authority shall not acquireany direct or indirect interest in any housing project or in anyproperty included or planned to be included in any project, nor shallhe have any direct or indirect interest in any contract or proposedcontract for materials or services to be furnished or used inconnection with any housing project. If he owns or controls a director indirect interest in any such property, he shall immediately makea written disclosure of it to the authority and the disclosure shallbe entered upon its minutes. Failure so to disclose his interestconstitutes misconduct in office. Nothing contained in this section or in any other provision of lawshall be construed as precluding a tenant of an authority fromserving as a commissioner of that authority, provided that the factof such tenancy is disclosed to the authority in writing and enteredupon its minutes immediately upon his assuming office; nor shall anyprovision in this code or elsewhere be construed as in any mannerinhibiting the right of such tenant commissioner to exercise the fullpowers vested in his office.34282.  For inefficiency, neglect of duty, or misconduct in office,a commissioner may be removed by the governing body of the county inthe case of a county authority, or by the mayor, if he has the powerof appointment of commissioners, otherwise, by the governing body ofthe city in the case of a city authority. A commissioner shall beremoved only after he has been given a copy of the charges at least10 days prior to the hearing on them and has had an opportunity to beheard in person or by counsel. If a commissioner is removed, arecord of the proceedings and the charges and findings on them shallbe filed in the office of the clerk.34283.  The commissioners shall provide by resolution for the timeand place of holding their regular meetings. Special meetings may becalled by the chairman or by two commissioners, and notice thereofshall be mailed to each commissioner at least 48 hours before themeeting. An authority shall supply to the governing body of itsrespective city or county, on request, such information relating toits activities as are public records. Leases and lists or rosters oftenants of the authority shall be confidential and shall not be opento inspection by the public, but shall be supplied to the respectivegoverning body on request, pursuant to this section. Leases and lists or rosters of tenants shall be open forinspection by any government agency.34284.  The governing body of any city or county may call upon theresidents and existing community organizations within the area ofjurisdiction of the governing body to form a community housingadvisory committee comprising persons who, for at least six months,have been residents in or owned property in the area of the governingbody's jurisdiction, and which is considered representative by thegoverning body. The members of the community housing advisorycommittee shall serve without compensation.34285.  (a) The governing body of a city or county may call upon theresidents in a housing project to form a project committee comprisedof persons who for at least six months have been residents in theproject, and which is considered representative by the governingbody. The members of the committee shall serve without compensation. (b) The authority, through its staff, shall upon the direction andapproval of the governing body consult with and obtain the advice ofthe project committee concerning matters which affect the residentsof the project. The provisions of this subdivision shall apply for aone-year period after the formation of the project committee, subjectto one-year extensions by the governing body. (c) Minutes of all the meetings of the authority with the projectcommittee, which meetings shall be open and public, together with arecord of all the information presented to the project committee bythe authority or by the project committee for the authority for thepurpose of carrying out the provisions of this section, shall bemaintained by the authority. Such minutes and records shall be opento public inspection and a summary of such records shall be includedin a report to the governing body submitted by the authority.34286.  Any tenant shall be eligible for appointment as a tenantcommissioner of any authority if such person is a tenant in anyhousing provided by or through such authority pursuant to theprovisions of this part, the Temporary Housing Projects Law, Part 4(commencing with Section 35450) of, or the Farm Labor Center Law,Part 7 (commencing with Section 36050) of, this division. Any tenantshall also be eligible for appointment as one of the commissionersnot required to be a tenant commissioner, with all the rights,powers, duties, privileges, and immunities of any other commissioner.