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COMMISSIONERS OBLIGATIONS AND REQUIREMENTS

COMMISSIONERS OBLIGATIONS AND REQUIREMENTS. ROLES, COMPLIANCE, INSURANCE, LEGAL ISSUES, CRISIS MANAGEMENT. THE CREATION. PART OF THE CITY, COUNTY OR STATE? FEDERAL AGENCY? SO WHAT IS IT?. STATE LAW. CREATED AS MUNICIPAL CORPORATION FUNDED BY FEDERAL GOVERNMENT UNDER CONTRACT

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COMMISSIONERS OBLIGATIONS AND REQUIREMENTS

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  1. COMMISSIONERS OBLIGATIONS AND REQUIREMENTS ROLES, COMPLIANCE, INSURANCE, LEGAL ISSUES, CRISIS MANAGEMENT

  2. THE CREATION • PART OF THE CITY, COUNTY OR STATE? • FEDERAL AGENCY? • SO WHAT IS IT?

  3. STATE LAW • CREATED AS MUNICIPAL CORPORATION • FUNDED BY FEDERAL GOVERNMENT UNDER CONTRACT • CHARTER/ARTICLES OF INCORPORATION • BYLAWS

  4. OFFICIAL PUBLICATIONS • THE ANNUAL CONTRIBUTION CONTRACT • THE HUD ETHICS MANUAL

  5. THE CREATION • PART OF THE CITY, COUNTY OR STATE? • FEDERAL AGENCY? • SO WHAT IS IT?

  6. STATE LAW • CREATED AS MUNICIPAL CORPORATION • FUNDED BY FEDERAL GOVERNMENT UNDER CONTRACT • CHARTER/ARTICLES OF INCORPORATION • BYLAWS

  7. GOVERNING BODY • BOARD OF COMMISSIONERS • APPOINTED, ELECTED? • RESIDENT COMMISSIONER • OATH OF OFFICE • TRAINING/ORIENTATION • RESPONSIBLE TO WHOM? • SIGN THE ACC IF FUNDING RECEIVED

  8. BOARD DUTIES • SELECT AN EXECUTIVE DIRECTOR • MAKE POLICIES • RECEIVE REPORTS • PASS RESOLUTIONS • SIGN DOCUMENTS FOR SUBMITTAL AS REQUIRED • FOLLOW ALL OF THE RULES AND REGULATIONS.

  9. DETAILED LOOK • ANNUAL CONTRIBUTIONS CONTRACT • SIGNED BY CHAIRPERSON OF THE BOARD • HOUSING AUTHORITY BOUND BY TERMS • PARTS A & B • COVERS: MISSIONS, COVENANTS TO DEVELOP, COOPERATION AGREEMENT, USE OF MONEY

  10. ACC OVERVIEW • BUDGET REQUIREMENTS • CIVIL RIGHTS REQUIREMENTS • INSURANCE REQUIREMENTS • EMPLOYER REQUIREMENTS • DEFAULT PROCEDURES • WAIVERS

  11. AND: CONFLICTS OF INTEREST • IN ACC AND REPUBLISHED • ETHICS MANUAL FOR PHA’S • ADDED FORMS AND INFORMATION

  12. OTHER RESOURCES • STATE ETHICS LAW • ETHICS COMMISSION OPINIONS • ATTORNEY GENERAL OPINIONS • HUD WEBSITES • OTHER WEBSITES

  13. STATE ISSUES • LOCAL STATE LAW • PUBLIC EMPLOYEE? • NATURE OF HOUSING AUTHORITY: STATE, LOCAL, COUNTY, MUNICIPAL, FEDERAL AGENCY? • LOOK TO ORGANIZATION STATUTES AND DOCUMENTS

  14. STAFF AND/OR COMMISSIONERS • WHO IS AN “OFFICIAL” • WHERE DOES FUNDING COME FROM? • CASE LAW • ATTORNEY GENERAL OPINIONS • DO WE WANT TO ASK FOR ONE?

  15. WHAT CONTROLS? • FEDERAL LAW • REGULATIONS • STATE LAW • HANDBOOKS • CONTRACTS • ATTORNEY GENERAL OPINIONS

  16. THE ISSUE DEFINED • FOLLOW THE MONEY • PROCUREMENT • OWNERSHIP • APPEARANCE OF IMPROPRIETY • CONTRACTS TO FRIENDS • “WE CAN ALL EAT STEAKS INSTEAD OF HAMBURGERS”

  17. PUBLIC PERCEPTION • FUNDING CRISIS: PERKS, TRAVEL, FOOD • EMPLOYEE ACTIONS: TALKING • RUMORS: RESIDENTS COMPLAIN • COMPLAINTS TO MEDIA

  18. OFFICIAL INQUIRIES • HUD • ANONYMOUS COMPLAINTS • STATE/LOCAL GOVERNMENT INQUIRIES

  19. THE RULES • PUBLIC HOUSING • APPLIES TO PRESENT OR FORMER MEMBERS OF PHA GOVERNING BODY • ANY EMPLOYEE WHO FORMULATES POLICY • NEPOTISM • DISCLOSURE • WAIVERS

  20. EXAMPLES • CONTRACTS • FAMILY MEMBER AND BOARD/STAFF • FORMER MEMBERS • RUNNING FOR OFFICE • BOARD MEMBERS TEMPORARILY BEING EMPLOYEE OF PHA • INCLUDES GRANTS

  21. MORE EXAMPLES • CONTROLLING EXPENDITURES • DESIGNATED BANK, BANKER, FUNDS • DESIGNATED PROGRAMS • HIRING COMMISSIONER SPOUSE AT PHA

  22. SECTION 8 • INTEREST IN A HAP CONTRACT • FAMILY MEMBERS OWNING • DISCLOSURE • WAIVERS • TO VOTE OR NOT TO VOTE? • MINUTES SHOULD REFLECT

  23. HATCH ACT • BIPARTISAN RACES • EMPLOYEES OF PHA • STATE AND LOCAL EMPLOYEES

  24. OTHER CONSIDERATIONS • INSURANCE REQUIREMENTS • DIRECTORS AND OFFICERS LIABILITY INSURANCE

  25. WAIVER FORMS • INCLUDED IN WAIVER • GET WAIVER FIRST • IN WRITING: SEE DEFINITIONS • LOCAL, REGIONAL, NATIONAL?

  26. LEGAL/LAWSUITS • HUD legal notification policy • Selecting attorney • Insurance issues • Settlement • Filing Suit • Attorney on retainer ???? • Who is represented?

  27. LITIGATION GUIDE • NOTICE TO HUD • THREATENED OR ACTUAL • ATTORNEY CHOICE • SETTLING CASES? • APPEALING CASES?

  28. WHEN A PROBLEM DEVELOPS • NOTIFY ALL IN THE CHAIN • GET ADVICE OF ATTORNEY • NOTIFY HUD? • DEALING WITH THE MEDIA • FIXING THE PROBLEM

  29. AVOIDING PROBLEMS • DON’T BE GREEDY • FOLLOW ADVICE OF DIRECTOR • SEEK LEGAL HELP • SEEK ASSISTANCE FROM ATTORNEY GENERAL FOR STATE ISSUES • SEEK ADVICE OF HUD FOR FEDERAL ISSUES • DON’T BE AN EXAMPLE

  30. AUDITS • INSIST ON GOOD AUDIT • DEVELOP FINANCE/AUDIT COMMITTEE • REPORT ANY POSSIBLE PROBLEM • IF FOUND – REPORT IT, DON’T BE CAUGHT

  31. A CASE • CHAIRMAN OF BOARD DOES NOT LIKE THE DIRECTOR • GOES DOOR TO DOOR ASKING RESIDENTS ABOUT THE DIRECTOR • TERMINATES DIRECTOR • NAMES SPOUSE AS NEW DIRECTOR

  32. AND ONE MORE • DIRECTOR FINDS PROBLEM WITH HUD REQUIRED REPORT – INFORMATION WAS FALSE WHEN SENT TO HUD • REPORTS THAT TO THE BOARD AND HUD • DIRECTOR FINDS PROBLEM WITH SPENDING AND SPECIAL ACCOUNT • COMMISSIONER THREATENS DIRECTOR

  33. PLANNING • FIVE YEAR PLAN • ANNUAL PLAN • BUDGET • AUDITS • BOARD RETREATS • STAFF LEADS

  34. BOARD ACTIONS • PASS POLICIES • HIRE EXECUTIVE DIRECTOR • PERFORMANCE REVIEWS • RECEIVES REPORTS

  35. DIRECTOR AND THE BOARD • HIRED BY THE BOARD • HELPS THE BOARD DO THEIR JOB • DAY TO DAY MANAGEMENT • DIRECTOR • IMPLEMENTS POLICIES • REPRESENTS THE ORGANIZATION • HIRES, DIRECTS, SUPERVISES, EVALUATES AND DISCIPLINES ALL STAFF • PREPARES BUDGET

  36. MORE DUTIES • MANAGES FINANCES • PREPARES REPORTS • OVERSEES ASSETS • MAKES RECOMMENDATIONS • PLANS OPERATIONS • MAKES REPORTS • INFORMS ABOUT ORGANIZATION STATUS

  37. AND MORE • REPORTS ON RESULTS OF BOARD ACTIONS • KNOWS WHAT IS GOING ON IN AGENCY • HANDLES COMPLAINTS • ADMINISTERS THE PROGRAMS • MAKES REGULAR REPORTS TO THE BOARD ON THE PHA PROGRAMS AND NEEDS • PREPARES ANNUAL REPORTS

  38. ROLE OF THE ED • VITAL PART OF THE BOARD TEAM • IMPORTANT REPORTING RESPONSIBILITY • DOES NOT WANT A “RUBBER STAMP” • IS THE SECRETARY/TREASURER OF THE BOARD • HAS A FIDUCIARY DUTY (LIKE BOARD) • HAS ONE BOSS – THE FULL BOARD • THE BOARD HAS ONLY ONE EXECUTIVE DIRECTOR

  39. THE BOARD • NO DIRECT RESPONSIBILITY OTHER THAN THROUGH THE DIRECTOR FOR DAY TO DAY OPERATIONS • NO “SHORT CIRCUIT” – REMIND STAFF AND RESIDENTS ABOUT CHAIN AND PROPER CHANNEL • REFER COMPLAINTS

  40. PROBLEMS AND CONCERNS • PROBLEMS ARE BEST RESOLVED AT THE LOWEST LEVEL IN THE CHAIN • CONCERNS/COMPLAINTS SHOULD BE REPORTED TO THE ED FOR RESOLUTION • BEWARE OF BECOMING LIABILE

  41. BOARD AND STAFF • BE CONCERNED ABOUT STAFF • RECOGNIZE THE STAFF • MAKE PERSONNEL POLICY CHANGES AS REQUIRED OR AS NEEDED • DON’T BECOME INVOLVED IN STAFF PROBLEMS

  42. MEETINGS • ATTEND ALL MEETINGS • PREPARE FOR MEETINGS • PARTICIPATE IN DISCUSSIONS • COOPERATE WITH MEMBERS • MAKE THE MEETINGS WORK • COMPROMISE • WORK TOWARD CONSENSUS

  43. MEETINGS, CON’T. • BEGIN ON TIME • STICK TO THE AGENDA • FOLLOW THE BYLAWS AND POLICIES • ASK FOR INFORMATION BEFORE THE MEETING WHEN POSSIBLE • DON’T USE MEETINGS AS SOAPBOX • DON’T BE SINGLE MINDED • DECISION OF THE BOARD IS THE DECISION

  44. ED EVALUATION • USE AS POSITIVE EFFORT TO COMMUNICATE WITH DIRECTOR • DON’T USE TO DOCUMENT ERRORS • AWARD GOOD PERFORMANCE • DEMAND CORRECTION FOR POOR PERFORMANCE

  45. OTHER CONSIDERATIONS • BOARD SHOULD EVALUATE ITSELF AND HOW IT OPERATES • EVALUATE ANNUALLY • SET GOALS • GET CONTINUING EDUCATION • DO WHAT IS BEST FOR THE BOARD • DO PRESENTATIONS • WATCH THE MEDIA!!!!!

  46. WATCH OUT !!!! • http://www.youtube.com/watch?v=ubCehMDQ85Q&feature=youtube_gdata • SPOKESPERSON? • EMPLOYEES? • BOARD CHAIR?

  47. MAKING IT WORK • KNOW MEMBERS, RULES, ED, AND PROCEDURES • KNOW THE BOARD’S DYNAMICS • ROLE OF BOARD: • LEADER? • CRITIC? • SUPPORTER?

  48. KEEP A NOTEBOOK • BYLAWS • BUDGETS • MAJOR POLICIES: ACOP, ADMIN, PERSONNEL, ETC.

  49. WORK AS A TEAM • THE TEAM HAS THE POWER AND AUTHORITY TO ACT • ED IS A MEMBER OF THE BOARD TEAM • LISTEN TO OTHER MEMBERS • EXPLAIN YOUR POSITION CLEARLY • BE FRIENDS WITH OTHER MEMBERS • DON’T BE AFRAID TO AGREE OR DISAGREE

  50. TEAM DYNAMICS • DON’T LET DISAGREEMENT CARRY OVER TO NEXT ISSUE • RESPECT WHAT OTHERS HAVE TO SAY • AVOID FORMING VOTING BLOCKS AND/OR CLIQUES • ACCEPT THE FACT THAT THERE WILL BE SPLIT VOTES • IF IN MINORITY, ACCEPT THE MAJORITY AND LEAVE DISAGREEMENTS AT THE TABLE

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