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Queen Anne’s County Housing Authority Bylaws
Revised June 13, 2005
The housing authority of record for Queen Anne’s effective July 1, 1988, will be known as “Queen Anne’s County Housing Authority.” The authority has full responsibility for the satisfactory completion of all contractual obligations with the U.S. Department of Housing and Urban Development. Through its staff organization, the Queen Anne’s County Housing Authority will establish a management system which sustains a high occupancy rate while delivering quality, responsive service to program applicants and participants.
Subject to the authority of the Board of Commissioners as mandated in legislation effective July 1, 1988, by the General Assembly of the State of Maryland, the Queen Anne’s County Housing Authority, has powers enumerated in Article 44A of the Annotated Code of Maryland and provided by local law. The Board of County Commissioners of Queen Anne’s County shall:
I. Adopt policies, regulations or amendments that are necessary for the implementation of:PERSONNEL POLICY
A. Federally or State assisted Housing Programs
B. Locally funded Housing Programs undertaken pursuant to this article.
II. Establish an upper income limit.
III. In the case of special projects, the Commission may establish exceptions to the upper income limits, and
IV. Review and approval all projects proposed by the Queen Anne’s County Housing Authority prior to commencement of the project.
I. The Queen Anne’s County Housing Authority will follow the Queen Anne’s County Personnel Policies and Procedures.ARTICLE I - GENERAL
Section 1. Name of Authority. The name of the Authority shall be the "Queen Anne's County Housing Authority"
Section 2. The office of the Authority shall be located at 107 North Liberty Street, Centreville, MD 21617, but the Authority may hold its meetings at such other place or places that it may designate by Board motion.
ARTICLE II - COMMISSIONERS
Section 1. Number. The Board of Commissioners shall consist of five Commissioners appointed by the Queen Anne's County Commissioners.
Section 2. Terms. Each Commissioner shall serve for a term of five years. The terms of office of the Commissioners shall be staggered.
Section 3. Vacancies on the Board of Commissioners shall be filled by appointment for the unexpired term of the vacancy created.
Section 4. Eligibility. A Commissioner of the authority may not be an employee of the authority or an employee or elected official of Queen Anne's County.
ARTICLE III - OFFICERS
Section 1. Officers. The officers of the Authority shall be a Chairperson, a Vice-Chairperson, and a Secretary.
Section 2. Chairperson. The Chairperson shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority or as otherwise provided in these Bylaws, the Chairperson shall sign all contracts, deeds and other instruments made by the Authority. This duty may be delegated to a person designated by the Authority. At each meeting, the Chairperson shall submit such recommendations and information as he/she may consider proper concerning the business, affairs, and policies of the Authority.
Section 3. Vice-Chairperson. The Vice-Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson; and in case of the resignation or death of the Chairperson, the Vice-Chairperson shall perform such duties as are imposed on the Chairperson until such time as the Authority shall select a new Chairperson.
Section 4. Secretary. The Secretary shall perform the duties of a Secretary for the Authority as provided for in these Bylaws.
Section 5. Executive Director. The Authority may employ an Executive Director who shall have general supervision over the administration of its business and affairs, subject to the discretion of the Authority. He/she shall be charged with the management of the housing projects of the Authority.
As Assistant to the Secretary, the Executive Director in his/her own name and title shall keep the records of the Authority, shall act as Secretary of the meetings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to his/her office.
He/she shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Authority may select. The transfer or withdrawal of funds by the Authority in and from its bank accounts, whether by check or otherwise, shall be signed by the Executive Director, and countersigned by the Chairperson, or, in either party's absence or incapacity, by the Secretary.
He/she shall keep regular books of accounts showing receipts and expenditures and shall render to the Authority, at each regular meeting (or more often if requested), an account of his/her transactions and also of the financial condition of the Authority. He/she shall give such bond for the faithful performance of his/her duties as the Authority may determine. Further, all check signers shall be covered by bond. If the Queen Anne's County Housing Authority Chairperson and Vice Chairperson or Secretary are not available, then the Executive Director is authorized to sign all Housing Authority contracts and other official documents requiring immediate action.
The compensation of the Executive Director shall be determined by the Authority.
Section 6. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or the bylaws or rules and regulations of the Authority.
Section 7. Election or Appointment. The Chairperson, Vice-Chairperson, and Secretary shall be elected at the annual meeting of the Authority from among the Commissioners of the Authority, and shall hold office for one year or until their successors are elected and qualified.
The Executive Director shall be appointed by the Authority. Any person appointed to fill the office of Executive Director, or any vacancy therein, shall have such term as the Authority fixes, but no Commissioner of the Authority shall be eligible to this office.
Section 8. Vacancies. Should the office of Chairperson, Vice-Chairperson or Secretary become vacant, the Authority shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. When the office of Executive Director becomes vacant, the Authority shall appoint a successor, as aforesaid.
Section 9. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by law. The Selection (other than the Executive Director) and compensation (other than the Executive Director) of such personnel shall be determined by the Executive Director subject to the approval of the Board.
ARTICLE IV - MEETINGS
Section 1. Annual Meeting. The annual meeting of the Authority shall be held on the same day as the regular meeting for March at the regular meeting place of the Authority.
Section 2. Regular Meeting. Monthly meetings shall be held without notice at the regular meeting place of the Authority. The day and time of regular monthly meeting will be set by Board motion. Regular meetings will be held on the same day and at the same time each month unless it falls on a legal holiday, in which case said meeting shall be held on the next succeeding secular day.
Section 3. Special Meeting. Special meetings of the Authority may be called by the Chairperson, the Executive Director or two members of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least two (2) days prior to the date of such special meeting. Such two (2) day minimum notice shall not apply, however, when the call for such a special meeting pertains to Housing Authority litigation matters. At such special meeting, no business shall be considered other than as designated in the call, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting.
Section 4. Quorum. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. When a quorum is in attendance, action may be taken by the Authority upon a vote of a majority of the Commissioners present.
Section 5. Resolutions. All resolutions shall be in writing and shall be copied in the journal of the proceedings of the Authority.
Section 6. Manner of Voting. The voting on all questions coming before the Authority shall be by roll call, and ayes and nays shall be entered upon the minutes of such meeting.
Section 7. Commissioners Compensation. Commissioners shall be entitled to receive compensation for attendance at Housing Authority Board meetings. Compensation shall be fixed at a rate of $30.00 per meeting.*
*This Compensation Policy was reviewed and approved by the Queen Anne's County Board of County Commissioners in April 2008.
ARTICLE V - AMENDMENTS
Section 1. Amendments to Bylaws. The bylaws of the Authority shall be amended only with the approval of at least three of the members of the Authority at a regular or special meeting.
ARTICLE VI -RESPONSIBILITIES
Section 1. Records and Reports. At least once a year the Authority shall file with the County Clerk an annual financial report of its activities for the preceding year, and shall make recommendations for any additional activity by the County Government which it deems necessary or useful in order to carry out the purposes of the Housing Authorities Law.
Section 2. Conflicts of Interest. A Commissioner or employee of an authority may not acquire any interest direct or indirect in any housing project or in any property included or planned to be included in any project, except for bonds purchased prior to the Commissioner's or employee's appointment and interests in mutual funds; nor shall he have any interest direct or indirect in any contract or proposed contract with any housing project. If any Commissioner or employee of an authority owns or controls an interest direct or indirect in any property included or planned to be included in any housing project, he immediately shall disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure to so disclose such interest shall constitute misconduct in office.
Section 3. Ethics, Tort claims. All Commissioners of the Authority, the Executive Director of the Authority, and all employees of the Authority are: Local officials for the purposes of Title 6 of Article 40 A, and therefore are subject to local ethics laws; and local government employees for the purposes of Title 5, Subtitle 4 of the Courts and Judicial Proceedings Article, and therefore are entitled to the protections of the Local Government Tort Claims Act.
Section 4. Immunity from Liability. Each Commissioner of the Authority is immune from liability from any claim of any nature whatsoever for any statement made or actions taken in the good faith exercise of the powers granted and duties imposed under the Housing Authorities Law.