NBHA
By-Laws
Adopted:
August 25, 1999 (Resolution 99-8/25 #205)
Revision: June 27, 2001 (Resolution 2001-6/27 #102)
Revision: July 24, 2002 (Resolution 2002-7/24 #99)
BY-LAWS
OF THE HOUSING AUTHORITY
OF THE CITY OF NEW BRUNSWICK
ARTICLE I
- THE AUTHORITY
Section 1. Name of the Authority.
The name of the Authority shall be "The Housing Authority
of the City of New Brunswick".
Section 2. Seal of the Authority.
The seal of the Authority shall be in the form of a circle and shall
bear the name of the Authority.
Section 3. Office of the Authority.
The office of the Authority shall be at 65 Morris Street, Second
Floor in the City of New Brunswick, State of New Jersey, but the
Authority may hold its meetings at such other place as it may designate
by resolution.
Section 4. General Powers. The Authority
shall be vested with all powers and privileges conferred upon redevelopment
and housing authorities by the Laws of the State of New Jersey and
by the United States of American, including the power and authority
to participate in any State or Federal program for public housing,
slum clearance, redevelopment, and rehabilitation together with
the power to enter into all agreements, issue its obligations, and
exercise all rights and duties necessary for complete participation
in any program available to it under relevant laws.
ARTICLE II - OFFICERS
Section 1. First Officers. The officers
of the Authority shall be a Chairperson, a First Vice Chairperson,
a Second 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 made by the Authority.
At each meeting the Chairperson shall submit such recommendations
and information he or she may consider proper concerning the business,
affairs and policies of the Authority.
Section 3. (a) The First Vice-Chairperson.
The First Vice Chairperson shall perform the duties of the Chairperson
in the absence or incapacity of the Chairperson; and in the case
of the resignation or death of the Chairperson, the First Vice Chairperson
shall perform such duties as are imposed on the Chairperson until
such time as the Authority shall elect a new Chairperson.
(b) The Second Vice-Chairperson. The
Second Vice-Chairperson shall perform the duties of the Chairperson
and/or the First Chairperson in the absence or incapacity of same.
Section 4. Secretary. The Secretary
shall be the Executive Director of the Authority and, as such, shall
have general supervision over the administration of the business
and affairs of its programs and projects, subject to the direction
and control of the Authority. He or she shall be charged with the
management of the public housing and urban renewal projects 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. He or she shall keep
in safe custody the seal of the Authority and shall have the power
to affix such seal of the Authority to all contracts and instruments
authorized to be executed by the Authority.
The compensation of the Secretary shall be
determined by the Authority, and if the office of Secretary is vacated,
a temporary appointee may be selected by the Commissioners pursuant
to the Rules of the State of New Jersey and by the United States
of America provided that a temporary appointee selected from among
the Commissioners of the Authority shall serve without compensation
(other than the payment of necessary expenses).
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 by the
By-Laws or rules and regulations of the Authority.
Section 6. Election or Appointment.
The Chairperson, the First Vice Chairperson and the Second Vice
Chairperson 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 Secretary shall be appointed by the Authority. Any person appointed
to fill the office of Secretary, or any vacancy therein, shall have
such terms as the Authority may fix, but no Commissioner of the
Authority shall be eligible to this office except as a temporary
appointee.
Section 7. Vacancies. Should the office
of Chairperson, the First Vice Chairperson or Second 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 the 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 may
deem necessary to exercise its powers, duties and functions as prescribed
by the Local Housing and redevelopment Authorities Law and by all
other laws of the State of New Jersey (see attached organizational
chart). The Authority shall have full power to enter into agreements
upon such terms and conditions as it may determine with individuals,
corporation, or firms for the rendering of professional; and other
services to the Authority.
Section 9. Committees. The Authority
shall, by resolution duly proposed and adopted, provide for the
appointment by the Chairperson of such standing and special committees
in its judgment may from time to time be required. Committee membership
will be limited to these.
* (see attached appendix
I)
ARTICLE III- MEETINGS
Section 1. Annual Meetings. The annual
meeting of the Authority shall be held at 6:30 p.m. on the fourth
Wednesday of the first month following the end of the Authority's
fiscal year. In the event that such date shall fall on a legal holiday,
the annual meeting shall be held on the next succeeding Wednesday.
*(see attached appendix II)
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 call. The call for a special meeting
may be delivered 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 days prior to the date of such special meeting. Such
notices of meeting may be waived in writing by a waiver signed by
all members of the Authority. At such special meeting no business
shall be considered other than as designated in the call, but if
four members of the Authority is present at a special meeting, any
and all business may be transacted on a unanimous affirmative vote.
Section 3. Regular Meetings. Monthly
meetings shall be held without notice at the regular meeting place
of the Authority on the fourth Wednesday of each month, unless the
same shall be a legal holiday, in which event said meeting shall
be held on the next succeeding day.
Section 4. Quorum. The powers of the
Authority shall be vested in the Commissioners thereof in office
from time to time. Four members of the Authority shall constitute
a quorum for the purpose of conducting its business and exercising
its power, and for all other purposes. The Authority upon the affirmative
vote of the majority, but not less than four of the Commissioners
present may take action.
Section 5. Procedure. All Authority
meetings shall be conducted in accordance with a simplified form
of Robert's Rules of Order. The Chairperson may designate a parliamentarian
to assist the chair in procedural rulings.
Section 6. Order of Business. At the
regular meeting of the Authority the following shall be the usual
order of business:
1. Roll call
2. Reading and approval of the minutes of the previous meeting
3. Report of the Secretary
4. Reports of the Committees
5. Unfinished Business
6. New Business
7. Adjournment
* (see attached appendix
III, for specific procedures and process for the above order
of business items)
All resolutions shall be in writing and shall
be copied in a journal of the proceedings of the Authority.
Section 7. 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
Section 1. Amendments to the By-Laws.
The By-Laws of the Authority shall be amended only with the approval
of al least four of the members of the Authority at a regular or
special meeting, but no such amendment shall be adopted unless at
least seven days written notice thereof has been previously given
to all of the members of the Authority.
ARTICLE V - SCOPE OF BY-LAWS
Section 1. The intent of these By-Laws is
to vest in the Housing Authority of the City of New Brunswick not
only all of the powers referred to in these By-Laws, but also all
of the powers and authority which has been or may be delegated to
it by any existing or future legislature of the State of New Jersey
and the United States of America pertaining to public housing, slum
clearance, redevelopment, and any other type of housing or construction
program in which the said Authority might lawfully engage.
Section 2. The Organizational Chart marked A-1 attached hereto and
a part hereof is adopted as the official organizational chart of
the Authority.
ARTICLE VI - ETHICS
Section 1. All Housing Authority commissioners
shall act in a professional and ethical manner in carrying out their
official duties. They shall be bound by the rules and regulations
and principles of the New Brunswick Housing Authority Code of Professional
ethics set forth in this section and the City of New Brunswick Code
of Ethics as well as the New Jersey Local Government Ethics Law.
Section 2. If any commissioner is found by
the Board to have violated the Code of Professional Ethics, the
City Ethics Code or the State Ethics law, the Board of Commissioners,
by resolution, may petition the appointing authority for that Commissioner's
removal.
Section 3. All commissioners shall, on an
annual basis at the annual reorganizational meeting, pledge themselves
to the New Brunswick Housing Authority Code of Professional Ethics
set forth in Section 4.
Section 4. New Brunswick Code of Professional
Ethics. The objective of the Code of Ethics is to encourage
professional performance by housing commissioners. The Code describes
objectives which, when accepted and followed, will help to foster
a beneficial relationship between the commissioners and staff, and
those they serve.
NEW BRUNSWICK HOUSING AUTHORITY CODE OF PROFESSIONAL
ETHICS
A public housing commissioner shall be bound
by the following pledge:
- I pledge myself to the
professionalization of Housing Commissioners through my own efforts
and through the mutual efforts of my colleagues and by all other
proper means available.
- I pledge to view my
service on the Housing Commission as an opportunity to serve my
community, my state, and my nation because I support the objectives
of providing a decent, safe and sanitary home and a suitable living
environment for every American family.
- I pledge that I recognize
that my responsibilities are to serve in this capacity as a government
official, a community leader, and an advocate for the Commission,
its programs and objectives.
- I pledge myself to seek
and maintain an equitable, honorable and cooperative association
with fellow public housing officials and all others who are concerned
with the proper and professional management of public housing
developments.
- I pledge to try to make
decisions in terms of the most economical and efficient method
toward the best interests of all citizens, particularly those
of low and moderate income. Decisions will provide an equal opportunity
to all citizens regardless of race, creed, sex or age.
- I will recognize that
my responsibility is not to make the day-to-day management decisions
of the Authority, but to see that it is well run by carrying out
policy making, planning and appraisal functions and by providing
direction and taking formal action in support of these functions.
- I pledge to refuse to
represent special interests or partisan politics or to use this
Commission for personal gain or for the gain of friends or supporters.
I recognize that although I have been appointed by the city government
or by the governor, my responsibility is to the entire community.
- I pledge that I shall
not receive, directly or indirectly, any fee, rebate, commission,
discount, gratuity, or any other benefit whether monetary or otherwise
for the proper professional discharge of my duties, except authorized
expenses and other benefits.
- I will arrive at conclusions
only after I have discussed matters fully with members of the
professional staff and other commission members. Once a decision
has been reached by the majority of the commission assembled at
a meeting, I will support it graciously.
- I will recognize that
authority is vested with the whole commission assembled in meetings
and that the powers of the commission shall be vested with the
commissioners thereof in office at any time.
- I pledge to support
and protect authority personnel in the performance of their duties.
Where and when commissioners are involved in the employment of
staff, I will vote to hire only competent and trained personnel
who have been recommended by the executive director, otherwise
I will support the executive director in his or her choice of
hiring and handling personnel without involvement by the commission.
- I pledge to refer all
complaints, including my personal criticisms, to the executive
director, and only after the failure of administrative solution
will pursue such matters outside the commission while also recognizing
the individual rights of a commissioners as a citizen appointee
and the responsibilities such appointment implies.
- I pledge to observe
and enforce local and state laws and regulations pertaining to
the commission and the authority and housing represented by those
entities.
- I pledge to respect
the limited intent and scope of executive session and respect
privileged communications from executive session and other sources
for the privacy of the personnel and clients with whom we are
involved.
- I pledge myself to place
honesty, integrity, industriousness, compassion and understanding
above all else; to pursue my gainful efforts by study and dedication
to the end that service to my housing authority and the people
I serve shall always be maintained at the highest possible level.
- I pledge to make diligent
use of the time of the commission as a whole and to faithfully
attend all meetings barring unforeseen conflicts in which case
I shall promptly notify the chairperson or designee while respecting
the rights and commitments of other commissioners and the housing
authority that the commission represents.
- I pledge myself to comply
with the rules and regulations and principals of this Code of
Professional Ethics, the Ethics Code of the City of New Brunswick,
and NJSA 40A:9-22.1, the New Jersey Local Government Ethics Law.
______________________________
Subscribed and sworn to me before
on this ________ day of 2002
____________________________
My commission expires
____________________________
APPENDIX I
The following is a list of standing Committees.
The newly elected or re-elected chairperson shall make the appointments
to these committees at the beginning of the fiscal year.
1. Finance/Legal/Training Committee
2. Human Resource Committee
3. Redevelopment Committee
4. Maintenance/Modernization Committee
5. Tenant Relations Committee
6. HOPE VI Committee
7. Scholarship Committee
8. Annual Meeting Sub-Committee
The Chairperson may add any additional Committees
as necessary in order to set policy and procedure for the Authority's
operation.
APPENDIX II
The Annual Meeting
Annual Meetings should be held for the primary
purpose of electing new board officers. Other important purposes
and tasks to be accomplished at the Annual Meeting are listed below:
1.) By holding the Annual Meeting during
the first month of the new budget year, the "old
board" will have completed the planning for the upcoming fiscal
year and the business of the agency should be in good condition
to pass to the "incoming board" - albeit, the same board
membership in most cases.
2.) In addition to the election of officers,
the board's reorganization should take place at the Annual Meeting.
These include:
- Rotation of elected officers.
- Three or four months prior
to the Annual Meeting, the Finance/Legal/Training committee will
be required to meet, to review and possibly recommend revisions
to, the Authority's By-Laws.
- An Administrative training
for all Executive Staff and Management (and Board training) will
take place approximately three months prior to the Annual Meeting,
to discuss Authority needs, budget revisions and requirements,
and departmental needs and requirements.
- An annual plan from the combined
training meetings must be created by the Chairperson and the Secretary,
and an agenda must be forwarded to all Board members, at the Annual
Meeting.
- In conjunction with the annual
plan, the Board's Human Resource Committee must establish a written
basis upon which the Secretary (Executive Director) is to be evaluated.
The Committee must also make a written evaluation of the Secretary's
(Executive Director's) performance of the previous year, available
to the Board, and present a written recommendation for monetary
compensation, for action at the Annual Meeting.
- If the Executive Director
has an Employment Agreement (Contract), and it requires amending
or renewal, plan to have accomplished the tasks required to put
it in final form before the Annual Meeting. Vote on the executive
director's Contract at the Annual Meeting if the matter has not
been addressed during the previous fiscal year.
- At least three (3) months
prior to the Annual Meeting, the chairperson must designate (or
create) a specific sub-committee to plan and arrange for any "annual
tasks" which will need to take place in the upcoming fiscal
year. The sub-committee will be asked to recommend a calendar
of planned events and assemble sub-committees to accomplish the
tasks associated with the events. Place the calendar, recommended
sub-committees and tasks to be accomplished on the agenda for
the Annual Meeting.
- Included in above should
be the recognition and distribution of commendations to individuals,
committees, task forces, staff and resident groups which have
significantly contributed to the work of the board and agency
over the past year.
- The same sub-committee will
be responsible for working with the Secretary and Residents, to
amend the Authority's Comprehensive Agency Plan, as well as review
proposed budgets for the upcoming year.
4.) The Board meeting dates will be advertised
once a year (unless there are changes in the previously advertised
dates) following the Annual Board Meeting. On a monthly basis, Board
meeting notices will be posted at the required pubic sites, at least
48 hours prior to the holding of any meeting.
5.) Finally, the Annual Meeting should be
anticipated by the Board and the Secretary, as an opportunity to
express the accomplishments of the past year, but of more importance,
the plans and goals for the upcoming fiscal year. The accomplishment
of the previous year should be detailed (in summary form), by a
Annual Authority Report, which will be constructed by the Secretary
(in conjunction with the Chairperson).
APPENDIX III
ORDER OF BUSINESS
Roll call:
Roll call will be conducted by the Board
recorder (or Secretary), at the request of the Chairperson.
Reading of the approval of the minutes
of the previous meeting:
Reading of the approval of the minutes of
the previous meeting will be conducted by the Board recorder (or
Secretary), at the request of the Chairperson.
Report of the Secretary:
The Board's Secretary will make a verbal
report on the daily operations of the Housing and Redevelopment
Authority including; an Executive Staff Report, a Finance Report,
a Housing Management Report, a Maintenance Report, a Redevelopment
Report, a Social Services Report and any other program of the Authority
which may be in operation (or which have been requested by the Board).
This report will be a verbal summary (given by the Secretary) of
the detailed monthly divisional written reports, included in the
Board's Packages. The detailed divisional monthly written reports
are to be included in each monthly Board Package, for the Commissioners
review, and copies of this package are to be forwarded to the City
Council Representative, appointed as the designated contact person
for the Council. A copy of the Package (less any non-public personnel
or legal information) must be kept available for public review,
at the Authority's Office.
The Secretary of the Board will meet with
the each officially recognized Resident Council President prior
to each Board meeting, to discuss the detailed divisional reports,
address their comments, questions and concerns, and to obtain a
written report, which will be included in each of the monthly Board
Packages.
The President of each officially recognized
Resident Council will receive a copy of the Board Package, at the
same time as the Commissioners. On the Board meeting date, an extra
copy should also be available at the site of the meeting for public
review (less any personnel and legal materials). At each Board meeting,
twenty five (25 copies) of the minutes of the previous Board meeting,
the secretary's written report, and one page summaries sheets of
the proposed resolutions, will be available for distribution to
the public.
Reports of Committees:
The Chairperson of each sub-committee will
be required to provide a monthly verbal (and written report) on
the individual committee's activities and recommendations. Resolutions
will be generated from their recommendations either by the Sub-committee
or Chairperson (and will be coordinated through the Executive Director)
for inclusion in the Board Packages.
Unfinished Business:
The Chairperson of the Board will provide
the Board with any unfinished business that needs the Board attention.
New Business:
The Chairperson will open the floor for public
comments and questions, for a period not more than thirty (30) minutes.
At the end of the public session, the board sub-committee chairs
read (in association with the Secretary) will introduce the new
proposed resolutions for discussion and approval.
Adjournment:
All meetings will be adjourned by the chairperson
(or acting chairperson).
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