35A-8-404. Commissioners -- Appointment -- Terms -- Quorum -- Meetings -- Employment of other officers and employees authorized.

411 words·~2 min read·/ut/title-35a/chapter-8/35a-8-404

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(1)If a housing authority is authorized to transact business and exercise powers under this part, not less than five nor more than seven people shall be appointed as commissioners of the authority:

(a)in the case of a city, by the mayor, with the advice and consent of the city's governing body; or

(b)in the case of a county, by the county's governing body.

(a)The commissioners first appointed under this part shall serve for terms of one, two, three, four, and five years, respectively, from the date of their appointment.

(b)After the first commissioners are appointed under Subsection (2)(a) , commissioners are appointed for a term of office of four years.

(c)Notwithstanding Subsections (2)(a) and

(b), all vacancies are filled for the unexpired term.

(3)A commissioner qualifies by taking the official oath of office.

(4)A commissioner may not receive compensation except necessary expenses, including traveling expenses, incurred in the discharge of the commissioner's duties.

(5)A commissioner holds office until the commissioner's successor is appointed and qualified.

(6)A certificate of appointment or reappointment of a commissioner shall be:

(a)filed with the authority; and

(b)conclusive evidence of the appointment of the commissioner.

(7)The powers of each authority are vested in the commissioners.

(a)A majority of the commissioners of an authority constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes notwithstanding the existence of any vacancies.

(b)The authority may take action upon a vote of a majority of the commissioners present, unless the bylaws of the authority require a larger number.

(9)Meetings of the commissioners of an authority may be held:

(a)anywhere within the area of operation of the authority; or

(b)within any area not described in Subsection (9)(a) in which the authority is authorized to undertake a project.

(10)The commissioners of an authority shall elect a chair and vice chair from the commissioners.

(11)An authority may employ an executive director, legal and technical experts, and other officers, agents, and employees, permanent and temporary, and shall determine their qualifications, duties, and compensation.

(12)An authority may delegate to one or more of its agents or employees any powers or duties the authority considers proper.

Renumbered and Amended by Chapter 212 , 2012 General Session