Chapter 547 Oregon Laws 2001
AN ACT
HB 2668
Relating to housing
authorities; creating new provisions; amending ORS 456.095, 456.100 and
456.110; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Notwithstanding any defect in the
membership of a board or commission, all actions taken by a board or commission
created pursuant to ORS 456.095 (1)(a) (1999 Edition) prior to the effective
date of this 2001 Act in the exercise of housing authority duties, functions and
powers are validated.
SECTION 2.
(1) Notwithstanding any original term of
appointment, a member of a board or commission created pursuant to ORS 456.095
(1)(a) (1999 Edition) who holds office immediately prior to the effective date
of this 2001 Act shall serve a term of office that expires on the effective
date of this 2001 Act or four years after commencement of the term of office,
whichever is later.
(2) Notwithstanding ORS
456.100, for each board or commission position vacated on the effective date of
this 2001 Act pursuant to subsection (1) of this section, the appointing
authority shall make an appointment to the vacant position for a term of office
that expires on the date the term of office for the vacant position was
originally scheduled to expire. Unless the appointing authority appoints a
different person to the position on or before the 10th day after the effective
date of this 2001 Act, the board or commission member occupying the position
immediately prior to the effective date of this 2001 Act is considered to have
been reappointed to the position for the term of office described under this
subsection.
(3) Upon the expiration
of an appointment made pursuant to subsection (2) of this section, the
governing body shall make appointments to the position as provided under ORS
456.100 (4). The appointing authority may, however, adjust the term of office
for the initial appointment made under this subsection to minimize the number
of board or commission terms expiring in the same year.
SECTION 3.
ORS 456.095 is amended to read:
456.095. (1) When the governing body of a city or county
adopts a resolution pursuant to ORS 456.085, the governing body may then elect
to have the powers of a housing authority under this chapter, ORS chapter 455
and ORS 446.515 to 446.547 exercised in any of the following ways:
(a) Appointing by resolution, a [board or] commission composed of five, seven or nine persons.
(b) Declaring, by resolution, that the governing body,
itself, shall exercise the powers of a housing authority under this chapter,
ORS chapter 455 and ORS 446.515 to 446.547. A governing body that exercises the powers of a housing authority may
appoint at least one but not more than two additional commissioners for the
housing authority. An appointed commissioner has the same authority as other
housing authority commissioners, but may not exercise any powers of the
governing body. At least one appointed commissioner must be a resident who
receives direct assistance from the housing authority. The second appointed
commissioner, if any, at a minimum must live within the jurisdiction of the
authority. An appointed commissioner serves a term of office equal in length to
the terms of office for governing body members, but not more than four years.
An appointed commissioner may be removed only for cause as described in ORS
456.110 or if the commissioner ceases to meet the requirements for being an
appointed commissioner. In the event that a housing authority commission consisting of the governing body of
a city and one or more appointed
commissioners has an even number of members, the mayor shall be included as
a member [whenever the governing body is
exercising the powers] of [a] the commission for the housing
authority. [However, any] An act of [the] a governing body [acting as a] exercising the powers of a housing authority [shall be, and shall be considered, the] is an act of the commission
for the housing authority only and not of the governing body.
(2) When the governing bodies of two or more authorities
join and cooperate with one another and create a regional authority to exercise
all the powers conferred by the Housing Authorities Law, as authorized by ORS
456.140, the governing bodies of the cooperating cities and counties shall by
resolution appoint a [board or]
commission for the regional authority consisting of nine [commissioners] persons.
The cooperating cities and counties shall each appoint an equal number of the nine commissioners [and,]. If nine divided by the number of [such] joining or cooperating
cities and counties produces a fraction, then the commissioners appointed by
such cities and counties shall appoint one commissioner so that nine
commissioners in all are appointed. The
nine commissioners appointed by or on behalf of cities or counties may appoint
at least one but not more than two additional commissioners for the housing
authority. At least one additional commissioner must be a resident who receives
direct assistance from the housing authority. The second additional
commissioner, if any, at a minimum must live within the jurisdiction of the
authority. The term of office for an additional commissioner is equal to the
term of office for a commissioner appointed by or on behalf of cities or
counties. An additional commissioner may be removed only for cause as described
under ORS 456.110 or if the person ceases to meet the requirements for being an
additional commissioner.
(3) [No] A commissioner of [such] an authority may not be an officer or employee of any
city or county for which the authority is created, unless the commissioner is a
member of the governing body or one of the governing bodies.
(4) [Commissioners] Persons appointed to the [board] commission shall include a variety of occupations. At least one commissioner, but not more than two commissioners,
appointed under subsection (1)(a) of this section [shall be a tenant of the authority] must be a resident who receives direct assistance from the housing
authority. [Where there are presently
no tenant commissioners on such authority boards, a tenant commissioner shall
be appointed when the next vacancy occurs on such a board. A tenant
commissioner is not required to be appointed unless the authority has at least
25 units occupied or 75 percent occupancy of the units available for occupancy,
whichever occurs first.]
(5) A certificate of appointment or reappointment of any
commissioners shall be filed with the clerk of each of the cities and counties
included in the authority. Such certificate shall be conclusive evidence of the
due and proper appointment of a commissioner.
SECTION 4.
ORS 456.100 is amended to read:
456.100. (1) The commissioners of a five-member authority
who are first appointed shall serve [for]
terms [of one, two, three, four and five
years, respectively, from the date of their appointment.] as follows:
(a) One commissioner
shall be appointed for a term of one year.
(b) One commissioner
shall be appointed for a term of two years.
(c) One commissioner
shall be appointed for a term of three years.
(d) Two commissioners
shall be appointed for terms of four years.
(2) The commissioners of a seven-member authority who are
first appointed shall serve [for]
terms [of two for one year, two for two
years, one for three years, one for four years and one for five years from the
date of appointment.] as follows:
(a) One commissioner
shall be appointed for a term of one year.
(b) Two commissioners
shall be appointed for terms of two years.
(c) Two commissioners
shall be appointed for terms of three years.
(d) Two commissioners
shall be appointed for terms of four years.
(3) The commissioners of a nine-member authority who are
first appointed shall serve [for]
terms [of two for one year, two for two
years, two for three years, two for four years and one for five years from the
date of appointment.] as follows:
(a) Two commissioners
shall be appointed for terms of one year.
(b) Two commissioners
shall be appointed for terms of two years.
(c) Two commissioners
shall be appointed for terms of three years.
(d) Three commissioners
shall be appointed for terms of four years.
(4) Thereafter, commissioners shall be appointed by
resolution in the same manner as their original appointment for a term of
office of [five] four years except that all vacancies shall be filled for the
unexpired term. A commissioner shall hold office until a successor has been
appointed and qualified.
(5) A commissioner shall receive no compensation for
services, but shall be entitled to the necessary expenses, including traveling
expenses, incurred in the discharge of the duties of the commissioner.
SECTION 5.
ORS 456.110 is amended to read:
456.110. For inefficiency or neglect of duty or misconduct
in office, a commissioner of an authority appointed pursuant to ORS 456.095
(1)[(a)] or (2) may be removed by the
mayor or, in the case of an authority for a county, by the governing body of
the county or, in the case of a regional authority, by the [mayor of the city or the governing body of
the county that appointed] appointing
authority for the commissioner. This
section does not allow the removal of a member of a governing body exercising
power as a housing authority. A commissioner shall not be removed until
after the commissioner has been given a copy of the charges at least 10 days
prior to the hearing thereon and had 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 for each city and county in the authority.
SECTION 6.
Notwithstanding ORS 456.095 (1)(b) or
(2), the initial term of office for a commissioner originally appointed to a
position created pursuant to the amendments to ORS 456.095 (1)(b) or (2) by
section 3 of this 2001 Act may be adjusted to minimize the number of commission
terms expiring in the same year.
SECTION 7.
The deletion of the term “board” by the
amendments to ORS 456.095 in section 3 of this 2001 Act is not intended to
require a name change for any body exercising the powers of a housing authority
or the title of any person holding office in such a body. The deletion of the
term “board” by the amendments to ORS 456.095 in section 3 of this 2001 Act
does not affect the functions, duties or powers of a body exercising the powers
of a housing authority, or the functions, duties and powers of any member or
officer of that body, whether designated as a board, commission or otherwise.
SECTION 8.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect on its passage.
Approved by the Governor
June 22, 2001
Filed in the office of
Secretary of State June 25, 2001
Effective date June 22, 2001
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