H-3891.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2220
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By House Committee on Local Government (originally sponsored by Representatives Wolfe, Brumsickle, Ogden and H. Myers)
Read first time 02/02/94.
AN ACT Relating to housing authorities; and amending RCW 35.82.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35.82.040 and 1965 c 7 s 35.82.040 are each amended to read as follows:
When the governing
body of a city adopts a resolution ((as aforesaid)) declaring that
there is a need for a housing authority, it shall promptly notify the mayor
of such adoption. Upon receiving such notice, the mayor shall appoint five
persons as commissioners of the authority created for ((said)) the
city. When the governing body of a county adopts a resolution ((as
aforesaid, said body)) declaring that there is a need for a housing
authority, it shall appoint five persons as commissioners of the authority
created for ((said)) the county. The commissioners who are first
appointed shall be designated to serve for terms of one, two, three, four and
five years, respectively, from the date of their appointment, but thereafter
commissioners shall be appointed ((as aforesaid)) for a term of office
of five years except that all vacancies shall be filled for the unexpired
term. No commissioner of an authority may be an officer or employee of the
city or county for which the authority is created, unless the commissioner
is an employee of a separately elected county official other than the county
governing body in a county with a population of less than one hundred
seventy-five thousand as of the 1990 federal census. No more than one
commissioner may be an employee of a separately elected county official. A
commissioner shall hold office until his or her successor has been
appointed and has qualified, unless sooner removed according to this chapter.
A certificate of the appointment or reappointment of any commissioner shall be
filed with the clerk and ((such)) the certificate shall be
conclusive evidence of the due and proper appointment of ((such)) the
commissioner. A commissioner shall receive no compensation for ((his)) performing
services for the authority, in any capacity, but ((he shall be)) is
entitled to the necessary expenses, including traveling expenses, incurred in
the discharge of his or her duties.
The
powers of each authority shall be vested in the commissioners ((thereof in
office from time to time)). Three commissioners shall constitute a quorum
of the authority for the purpose of conducting its business and exercising its
powers and for all other purposes. Action may be taken by the authority upon a
vote of a majority of the commissioners present, unless in any case the bylaws
of the authority shall require a larger number. The mayor (or in the case of
an authority for a county, the governing body of the county) shall designate
which of the commissioners appointed shall be the first ((chairman)) chair
and he or she shall serve in ((the)) that capacity ((of
chairman)) until the expiration of his or her term of office as
commissioner. When the office of the ((chairman)) chair of the
authority ((thereafter)) becomes vacant, the authority shall select a ((chairman))
chair from among its commissioners. An authority shall select from
among its commissioners a vice ((chairman)) chair, and it may
employ a secretary (who shall be executive director), technical experts and
such other officers, agents, and employees, permanent and temporary, as
it may require, and shall determine their qualifications, duties and
compensation. For such legal services as it may require, an authority may call
upon the chief law officer of the city or the county or may employ its own
counsel and legal staff. An authority may delegate to one or more of its
agents or employees such powers or duties as it may deem proper.
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