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NBHA
By-Laws
Adopted: August
25, 1999 (Resolution 99-8/25 #205)
Revised: June 27, 2001 (Resolution 2001-6/27 #102)
Revised: July 24, 2002 (Resolution 2002-7/24 #99)
Revised: July 28, 2004 (Resolution 2004-7/28 #81)
Revised: July 23, 2008 (Resolution 2008- 7/23 #59)
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” or “The New Brunswick Housing
Authority’, or “The New Brunswick Housing & Redevelopment
Authority”.
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 7 Van Dyke Avenue 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 America, 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 complete supervision
over the administration of the business and affairs of its programs
and projects, subject to the policies set forth by 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 Executive Director may from
time to time employ such personnel, as he/she may deem necessary
to exercise the powers, duties and functions of the Authority 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 written the
request of two or more 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
additional notice at the regular meeting place of the Authority
on the fourth Wednesday of each month at 6:45pm (unless otherwise
advertised), unless the same shall be a legal holiday, in which
event said meeting shall be held on the next succeeding day. There
will be eleven (11) Regular Meetings of the Housing Authority and
no meeting will be held in the month of August, unless a Special
meeting is called for by the Chairperson
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.
Section 8.
Board Members Attendance at Annual, Regular and Special Meetings.
In order to promote the continued successful and efficient operation
of the New Brunswick Housing Authority all Commissioners of the
New Brunswick Housing Authority are encouraged to attend regularly
scheduled Monthly Board Meetings and all Special Board Meetings.
In those limited circumstances when a Commissioner in unable
to attend in person, due to illness, disability or commuter delays
beyond their control, they may participate by phone. Participation
by phone however, will be limited to those instances, where a
minimum
of four (4) Board Members are present in person at the Board
Meeting (or Special Meeting). In the event a Board Member must
participate
by phone the Board Member shall make every effort to advise the
Executive Director at least 24 hours in advance, so that the
necessary logistical arrangements may be made for their participation.
Should
any Board member have three (3) consecutive absences, the Board
may direct that a statement be sent to that member’s appointing
council, individual, or agency, advising them of this fact and
requesting that a replacement be designated. This number of absences
may be extended by an affirmative vote of the Board, at any time,
at the pleasure of the Chairperson.
Section 9. Time Limits for Comments. An individual has a time
limit of five (5) minutes per person for discussion on any matter
or resolution
that may come before the Board. This limit can be extended at the
pleasure of the Chairperson, at any time.
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
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 2008
_____________________________________________
Board Member's Signature
My Commission expires__________________________
APPENDIX I
The following is a list of standing Board
Committees. The newly elected or re-elected chairperson shall
make the appointments to these committees at the beginning of
the fiscal year.
1. Community Relations Committee
2. Operations Committee
3. Human Resources Committee
4. Annual Sub-Committee 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 in June of each calendar year. 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 prior to the Annual Meeting of the
Board in July.
- 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 public 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
Reading of the Public Notice:
Regarding of the public notice will be done by the Secretary (or
their designee).
Roll call:
Roll call will be conducted by the Board recorder (or Secretary),
at the request of the Chairperson.
Pledge of Allegiance:
Pledge of Allegiance will be led by the Chairperson the Authority
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.
Resolutions:
The Secretary will read the resolutions for consideration by the
Board of action.
Report of the Secretary:
The Board's Secretary will make a written report on the daily operations
of the Housing and Redevelopment Authority including; an Executive
Report, a Finance Report, Asset Management Reports, Section 8 HCV
Report and any other program of the Authority which may be in operation
(or which have been requested by the Board). 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.
Reports of Committees:
The Chairperson of each sub-committee may provide a monthly verbal
(or 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.
Adjournment:
All meetings will be adjourned by the chairperson (or acting chairperson).
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