1996-01 Amend Bylaws RESOLUTION NO. 96-0L
BE IT RESOLVED BY THE HOUSING AUTHORITY OF the City of
Encinitas:
That the following bylaws be and they are hereby adopted and
amended as and the bylaws of the Housing Authority of the City of
Encinitas:
BYLAWS OF THE HOUSING AUTHORITY OF
THE CITY OF ENCINITAS
ARTICLE I - THE AUTHORITY
Section 1. Name of Authority. The name of the Authority
shall be "Housing Authority of the City of Encinitas."
Section 2. Seal of Authority. The seal of the Authority
shall be in the form of a circle and shall bear the name of the
Authority and the year of its organization.
Section 3. Office of authority. The offices of the
Authority shall be at such locations in the City of Encinitas,
State of California, as the Authority may from time to time
designate by resolution. The Authority may hold its meetings at
such places as it may from time to time designate by resolution,
but only at such times as are convenient to most tenants and in
public rooms large enough to accommodate the number of people who
may reasonably be expected to attend.
Section 4. The Authority. The "Authority" herein shall
mean the Board of Commissioners.
ARTICLE II - 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, the Chairperson shall sign all
contracts, deeds and other instruments of conveyance, debt,
guaranty or other financial obligation exceeding the amount of
$10,000 made by the Authority. At each meeting the Chairperson
shall submit such recommendations and information as he or 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 be the Executive
Director of the Authority and, as Executive Director, he or she
shall have general supervision over the administration of its
business, affairs and personnel, subject to the oversight of the
Authority. He or She shall be charged with the development,
acquisition and management of the housing projects and programs
of the Authority.
The Secretary shall keep the records of the Authority, shall
act as secretary of the meetings of the Authority and record all
votes, and shall keep a record of the proceedings of the
Authority in a journal of proceedings to be kept for such
purpose, and shall perform all duties incident to the office.
The Secretary shall keep in safe custody the seal of the
Authority and shall have power to affix such seal to all
contracts and instruments to be executed by the Authority.
The Secretary shall also be the Treasurer of the Authority.
As Treasurer, he or 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.
He or She shall sign all orders and checks for the payment of
money and shall pay out and disburse such moneys under the
direction of the Authority. Except as otherwise authorized by
resolution of the Authority, all such orders and checks shall be
countersigned by the Chairperson. He or She shall keep regular
book of accounts showing receipts and expenditures and shall
render to the Authority, at each regular meeting (or oftener when
requested), an account of the transactions and also of the
financial condition of the Authority. He or She shall give such
bond for the faithful performance of duties as the Authority may
determine.
The compensation of the Secretary shall be determined by the
Authority.
Section 5. 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 6. Election or Appointment. The Chairperson and
Vice Chairperson shall be elected at the regular meeting of the
Authority held during the month of ~/~ each year from
among the commissioners of the Authority, and shall hold office
for one year or until their successors are elected and qualified.
The Secretary shall be appointed by the Authority. Any
person appointed to fill the office of Secretary, or any vacancy
therein, shall have such term as the Authority fixes if the
Secretary is hired under contract otherwise the Secretary shall
hold office unless discharged for cause. No commissioner of the
Authority shall be eligible to this office except as a temporary
appointee.
Section 7. Vacancies. Should the offices of Chairperson or
Vice Chairperson 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 Secretary becomes vacant, the Authority shall
appoint a successor, as aforesaid.
Section 8. 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 the
Housing Authorities Law of California and all other laws of the
State of California applicable thereto. The selection and
compensation of such personnel (including the Secretary) shall be
determined by the Authority subject to the laws of the State of
California.
ARTICLE III - MEETINGS
Section 1. Regular Meetings. Regular meetings shall be
held upon posting of notice and agenda in accordance with Sec.
54950 et. sec. of the California Government Code at the regular
meeting place of the Authority on the 4th Wednesday, at 6:00 p.m.
of each month, unless the same shall be a legal holiday, in which
event said meeting shall be held on the next succeeding business
day.
Section 2. Special Meetings. The Chairperson of the
Authority may, when he or she deems it expedient, and shall, upon
the written request of two members of the Authority, call a
special meeting of the Authority for the purpose of transacting
any business designated in the agenda. The call for special
meeting may be delivered to each member of the Authority at any
time prior to the meeting or may be mailed to the business or
home address of each member of the Authority at least 48 hours
prior to the date of such special meeting. At such special
meeting no business shall be considered other than as designated
in the agenda, but if all of the members of the Authority are
present at a special meeting or have signed a Waiver of Notice
and Consent to Meeting, the written notice may be dispensed with.
The notice and agenda must be posted in a location which is
freely accessible to the public at least 24 hours prior to the
special meeting. The notice and agenda must be delivered to
every element of the media, written or electronic, which has
requested such notice in writing.
Section 3. Quorum. The powers of the Authority shall be
vested in the Commissioners thereof in office from time to time.
A majority of Commissioners then in office shall constitute a
quorum for the purpose of conducting its business and exercising
its powers and for all other purposes, but a smaller number may
adjourn from time to time until a quorum is obtained. When a
quorum is in attendance, action may be taken by the Authority
upon a vote of a majority of the Commissioners present.
Section 4. Order of Business. At the regular meetings of
the Authority the following shall be the order of business:'
1. Roll call.
2. Consent calendar with approval of minutes of the
previous meeting
3. Items removed from the consent calendar by the public
4. Oral Communications
5. Regular Agenda
6. Items removed form the consent calendar by the Board of
Commissioners
7. Report of the secretary
8. Report of Committees
9. Adjournment.
All resolutions shall be in writing and shall be entered in
a journal of the proceedings of the Authority.
Section 5. Manner of Voting. The voting on all questions
coming before the Authority shall be by roll call, and the yeas
and nays shall be entered upon the minutes of such meeting.
ARTICLE IV -AMENDMENTS
Amendments to Bylaws. The bylaws of the Authority shall be
amended only with the approval of a majority of the members of
the Authority at a regular or a special meeting, but no such
amendment shall be adopted unless at least seventy-two hours
written notice thereof has been previously given to all of the
members of the Authority.
Dated: January 24,1996
HOUSING ~ORITY OF/~H~
ATTEST: