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HEALTH AND SAFETY CODE
SECTION 34270-34286

34270. When the governing body of a city adopts a resolution
declaring the need for an authority, it shall promptly notify the
mayor of the adoption. Upon receiving the notice and if his office is
one filled by election by the people, the mayor, subject to the
confirmation of a majority of the members of the governing body,
shall appoint five persons as commissioners of the authority. The
mayor shall appoint two additional commissioners who are tenants of
the authority if the authority has tenants, or within one year after
the authority first does have tenants. One such tenant commissioner
shall be over 62 years of age if the authority has tenants of such
age.
If the office of the mayor is not elective, the city governing
body shall make the appointments.
The amendments to this section enacted by the Legislature at the
1975-76 Regular Session shall not affect the office of any
commissioner of a housing authority, which on January 1, 1976, has
seven commissioners, but the successors to the two additional
commissioners appointed pursuant to the changes in this section which
were made by Chapter 120 of the Statutes of 1972 or Chapter 545 of
the Statutes of 1974 shall be tenants of the authority and one shall
be over 62 years of age if the authority has tenants of such age.


34270.1. The provisions of this section apply to an authority in a
city and county.
Notwithstanding any other provision of law to the contrary,
including Section 34272, the mayor shall appoint five persons as
commissioners of the authority in a city and county. The mayor shall
appoint two additional commissioners who are tenants of the
authority. One such tenant commissioner shall be over 62 years of
age if the authority has tenants of such age. Appointments shall not
be subject to confirmation by the governing body of the city and
county. All commissioners appointed on and after January 1, 1977,
shall be residents of the city and county, at the time of their
appointment and during their term of office. A failure to maintain
residence in the city and county shall cause the office to be vacant.
Vacancies in office for whatever reason, including but not limited
to, the expiration of a term, shall be filled by the mayor as
provided for in this section.

34271. When the governing body of a county adopts such a resolution
it shall appoint five persons as commissioners of the authority.
The governing body shall appoint two additional commissioners who are
tenants of the authority if the authority has tenants, or within one
year after the authority first does have tenants. One such tenant
commissioner shall be over 62 years of age if the authority has
tenants of such age.
The amendments to this section enacted by the Legislature at the
1975-76 Regular Session shall not affect the office of any
commissioner of a housing authority, which on January 1, 1976, has
seven commissioners, but the successors to the two additional
commissioners appointed pursuant to the changes in this section which
were made by Chapter 120 of the Statutes of 1972 or Chapter 545 of
the Statutes of 1974 shall be tenants of the authority and one shall
be over 62 years of age if the authority has tenants of such age.

34271.5. (a) The governing body of a county of the 10th class may
appoint two additional commissioners to increase the number of
commissioners of an authority which is in existence and transacting
business and exercising its powers on March 7, 1973.
(b) One of the two additional commissioners shall be a project
tenant and the other shall be a senior citizen over 62 years of age
who may be a tenant. The two additional commissioners first appointed
shall not be or have been commissioners of such authority.
(c) The two additional commissioners shall serve for terms of four
years from the date of their appointments. Their successors shall
be appointed for a term of four years except that all vacancies shall
be filled for the unexpired term.
(d) Under this section, four commissioners shall constitute a
quorum of the authority for the purpose of conducting its business
and exercising its powers and for all other purposes.
(e) All of the provisions of this part shall apply to an authority
of a county of the 10th class, except those provisions which
conflict with the provisions of this section.


34272. (a) In the case of a commission of five persons, three of
the commissioners first appointed shall be designated by the
appointing authority to serve for terms of one, two, and three years,
respectively, from the date of their appointment, and two shall be
designated to serve for terms of four years from the date of their
appointments. If two tenant commissioners are added to increase the
number of commissioners of an authority, such commissioners shall
serve for terms of two years from the date of their appointments, and
their successors shall be tenants. Successors of commissioners
shall be appointed for a term of four years, except that successors
of tenant commissioners shall be appointed for a term of two years
and all vacancies shall be filled for the unexpired term. A tenant
commissioner shall have all the powers, duties, privileges, and
immunities of any other commissioner. If a tenant commissioner
ceases to be a tenant of the authority, he shall be disqualified as
commissioner and another tenant shall be appointed to fill the
unexpired term.
(b) Notwithstanding any other law, and subject to the conditions
in this section, a commissioner may be an officer or employee of the
county or city for which the authority is created, or he may be a
member, commissioner, or employee of any other agency or authority
of, or created for, the community.
(c) An officer or employee of a city or county in which an
authority is established may serve as a commissioner only if such
officer or employee does not exercise powers or duties in his office
or employment that may conflict with the exercise of the independent
judgment required to carry out the purposes of an authority.
(d) Any appointment of a successor to a commissioner of a city
housing authority shall be made by the mayor if his office is one
filled by election by the people, subject to the confirmation of a
majority of the members of the governing body. If the office of
mayor is not elective the governing body of the city shall make the
appointment. All appointments of commissioners of a county housing
authority shall be made by the governing body of the county.
The amendments to this section enacted by the Legislature at the
1975-76 Regular Session shall not affect the office of any
commissioner of a housing authority, which on January 1, 1976, has
seven commissioners, but the successors to the two additional
commissioners appointed pursuant to the changes in this section which
were made by Section 2 of Chapter 367 of the Statutes of 1972 or
Chapter 1112 of the Statutes of 1974 shall be tenants of the
authority and one shall be over 62 years of age if the authority has
tenants of such age.

34273. A certificate of the appointment or reappointment of any
commissioner shall be filed with the clerk and the certificate is
conclusive evidence of the due and proper appointment of the
commissioner.


34274. A commissioner shall not be regularly employed by the
authority to which he is appointed during his tenure of office, but
may receive per diem payment for attendance at not more than four
meetings per month of the authority, which shall not exceed fifty
dollars ($50) per day, and shall receive necessary traveling and
subsistence expenses incurred in the discharge of his duties.

34275. The power of each authority is vested in the commissioners
in office from time to time.

34276. In the case of a commission of five persons, three
commissioners constitute a quorum of the authority for the purpose of
conducting its business and exercising its powers and for all other
purposes while in the case of a commission of seven persons, four
commissioners constitute a quorum for such purposes. Action may be
taken by the authority upon a vote of a majority of the commissioners
empowered to vote, unless in any case the bylaws of the authority
require a larger number.

34277. The mayor of the city or the governing body of the county
shall designate the first chairman from among the commissioners. The
authority shall select his successor from among its commissioners.

34278. (a) An authority shall select from among its commissioners a
vice chairman. It also may employ a secretary, who shall be
executive director, technical experts, and such other officers,
agents, and employees as it requires, and shall determine their
qualifications, duties, terms of employment and compensation. The
authority shall adopt personnel rules and regulations applying to all
employees. Such rules shall contain procedures affecting conflicts
of interest, use of funds, personnel procedures on hiring and firing
including removal of personnel for inefficiency, neglect of duties,
or misconduct in office. Such rules and regulations shall be of
public record.
(b) An authority may contract with the Department of Housing and
Community Development, or any other authority, for the furnishing by
the department or authority of any necessary staff services
associated with or required by an authority and which could be
performed by the staff of an authority.

34279. For the legal services it requires, an authority may call
upon the chief law officer of the city or the county or may employ
its own counsel and legal staff.

34280. An authority may delegate to one or more of its agents or
employees the powers or duties it deems proper.

34281. A commissioner or employee of an authority shall not acquire
any direct or indirect interest in any housing project or in any
property included or planned to be included in any project, nor shall
he have any direct or indirect interest in any contract or proposed
contract for materials or services to be furnished or used in
connection with any housing project. If he owns or controls a direct
or indirect interest in any such property, he shall immediately make
a written disclosure of it to the authority and the disclosure shall
be entered upon its minutes. Failure so to disclose his interest
constitutes misconduct in office.
Nothing contained in this section or in any other provision of law
shall be construed as precluding a tenant of an authority from
serving as a commissioner of that authority, provided that the fact
of such tenancy is disclosed to the authority in writing and entered
upon its minutes immediately upon his assuming office; nor shall any
provision in this code or elsewhere be construed as in any manner
inhibiting the right of such tenant commissioner to exercise the full
powers vested in his office.

34282. For inefficiency, neglect of duty, or misconduct in office,
a commissioner may be removed by the governing body of the county in
the case of a county authority, or by the mayor, if he has the power
of appointment of commissioners, otherwise, by the governing body of
the city in the case of a city authority. A commissioner shall be
removed only after he has been given a copy of the charges at least
10 days prior to the hearing on them and has had an opportunity to be
heard in person or by counsel. If a commissioner is removed, a
record of the proceedings and the charges and findings on them shall
be filed in the office of the clerk.

34283. The commissioners shall provide by resolution for the time
and place of holding their regular meetings. Special meetings may be
called by the chairman or by two commissioners, and notice thereof
shall be mailed to each commissioner at least 48 hours before the
meeting. An authority shall supply to the governing body of its
respective city or county, on request, such information relating to
its activities as are public records. Leases and lists or rosters of
tenants of the authority shall be confidential and shall not be open
to inspection by the public, but shall be supplied to the respective
governing body on request, pursuant to this section.
Leases and lists or rosters of tenants shall be open for
inspection by any government agency.

34284. The governing body of any city or county may call upon the
residents and existing community organizations within the area of
jurisdiction of the governing body to form a community housing
advisory committee comprising persons who, for at least six months,
have been residents in or owned property in the area of the governing
body's jurisdiction, and which is considered representative by the
governing body. The members of the community housing advisory
committee shall serve without compensation.

34285. (a) The governing body of a city or county may call upon the
residents in a housing project to form a project committee comprised
of persons who for at least six months have been residents in the
project, and which is considered representative by the governing
body. The members of the committee shall serve without compensation.

(b) The authority, through its staff, shall upon the direction and
approval of the governing body consult with and obtain the advice of
the project committee concerning matters which affect the residents
of the project. The provisions of this subdivision shall apply for a
one-year period after the formation of the project committee,
subject to one-year extensions by the governing body.
(c) Minutes of all the meetings of the authority with the project
committee, which meetings shall be open and public, together with a
record of all the information presented to the project committee by
the authority or by the project committee for the authority for the
purpose of carrying out the provisions of this section, shall be
maintained by the authority. Such minutes and records shall be open
to public inspection and a summary of such records shall be included
in a report to the governing body submitted by the authority.

34286. Any tenant shall be eligible for appointment as a tenant
commissioner of any authority if such person is a tenant in any
housing provided by or through such authority pursuant to the
provisions of this part, the Temporary Housing Projects Law, Part 4
(commencing with Section 35450) of, or the Farm Labor Center Law,
Part 7 (commencing with Section 36050) of, this division. Any tenant
shall also be eligible for appointment as one of the commissioners
not required to be a tenant commissioner, with all the rights,
powers, duties, privileges, and immunities of any other commissioner.


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