BOARD OF COMMISSIONERS
BY-LAWS
Meeting held on the fourth Wednesday of each month at 5:00 pm in the Hop-O-Nose community room located at – 32 BRONSON St, Catskill, NY 12414
ARTICAL I – THE HOUSING AUTHORITY
Section 1
Name
The name of the Authority shall be “Catskill Housing Authority.”
Section 2
Seal
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 Location
The office of the Authority shall be located at the Office of the Authority located at 32 Bronson Street, Catskill, New York 12414.
Section 4
Mission
To provide the highest quality housing community to live, raise a family and also to gain the resources to transition to public sector housing.
ARTICAL II – Commissioners
Section 1: Composition
The board of commissioners of the Authority shall consist of five members appointed by the Village of Catskill President. All commissioners will be appointed to a five-year term. One member must be a resident of the Catskill Housing Authority.
Section 2: Powers and Responsibilities
a. The Board of Commissioners shall have general power to control and manage the business of The Catskill Housing Authority consistent with HUD, New York State Public Housing Laws and any applicable local laws, the Authority’s personnel policy and these By- Laws.
b. The Board of Commissioners shall have the responsibility to:
Provide oversight to ensure adherence to all pertinent legal and fiscal requirements for The Catskill Housing Authority;
Provide final approval of Authority policies and budgets;
Approve overall Authority plans;
Appoint and conduct an annual performance review of the Executive Director;
Ensure that agency personnel policies are established, maintained and reviewed annually;
Elect Officers; and
c. The Board of Commissioners shall not engage in any political activity while on housing authority property or pertaining to housing authority business as per HUD guidelines.
Section 3: Termination
Termination from the Board can occur under the following circumstances:
Removal by the Village President.
Any appointed Commissioner may be removed for just cause by the Village of Catskill President. Causes may include:
Documented and material violation of the By-Laws or public laws;
Substantiated conduct in the community or with Housing Authority staff that is unbecoming of a Housing Authority Commissioner or that undermines the Housing Authority’s good name; or
Unauthorized dissemination of confidential information about Housing
Authority to persons or organizations outside of the Housing Authority.
Other Basis for Removal
Resignation: Aboard member may notify the Board of his or her resignation. Such notification shall be sent in writing by both certified and regular mail to the CHA Chairperson & Executive Director.
Absence from Meetings: Any member of the Board who shall have more than three unexcused total absences in a fiscal year.
The Chairman may excuse an absence for a valid reason.
Death: Upon the death of an appointed Commissioner, the Village of Catskill President shall be notified. The Village President shall make an appointment to the vacancy for the unexpired term.
Good Standing: Tenant Commissioners shall be in good standing with all Policies of the Housing Authority during their term. Any violations of a tenant commission’s lease, public housing regulation or policies shall constitute good cause for removal.
Section 4: Vacancies
The Village of Catskill President shall fill any vacancy in the office of appointed Commissioners of the Housing Authority. While the Village President is by law, the appointing authority, the Nominating Committee should assess the Board’s needs for special expertise and make
recommendations for the Village President’s consideration. Should a vacancy occur other than by reason of expiration of term, the vacancy shall be filled for the unexpired term. Should a vacancy occur in the elected resident Commissioners position, a special election shall be held by the authority to fill the position for the unexpired term.
Section 5: Conflict of Interest
No Catskill Housing Authority Board member shall have any right to, or interest in the Housing Authority property or assets. No Commissioner shall, for reason of his or her office, be entitled to receive any salary or unapproved compensation.
It is the duty of any member of the Board of Commissioners to follow the code of conduct and to report to the Board any conflict of interest, real or apparent, at the earliest possible opportunity. Any person whose social, financial, or personal position precludes objectivity in relation to the affairs of the Housing Authority or who has a financial relationship with the Housing Authority shall be deemed to have a conflict of interest. Any Director or Commissioner with such a conflict shall be required to recuse himself or herself during the discussion and subsequent vote on any topic giving rise to the conflict.
ARTICLE III – OFFICERS
Section 1: General
The Officers of the Catskill Housing Authority Board commissioners shall be the Chairperson, Vice Chairperson, Treasurer, and Secretary.
Section 2: Nomination and Election of Officers
Nominating Committee shall be appointed in September and shall be responsible for recommending a slate of officers.
Section 3: Election and Term of Office
The Chairperson and Vice Chairperson shall be elected by the Board of Commissioners of the Housing Authority at the September meeting of the Authority by a majority vote of the voting
members present. The elected officers will be elected for a one-year term. Officers shall serve until their successors are elected.
Section 4: Duties
Chairperson: The Chairperson shall be a Commissioner of the Authority and qualified and willing to accept responsibilities outlined in these By-Laws. He or She shall:
Preside over all meetings of the Catskill Housing Authority Board of Commissioners.
Appoint an acting Secretary, if the Chairperson and Secretary are to be absent at the same time.
Present to the Board any communication that has been addressed to him or her.
Present at each annual meeting of the Authority a report of the condition of the business of the authority by each department head and the Executive Director. Call regular and special meetings of the Authority in accordance with these By- Laws.
See that all books, reports, statements and certificates required by statute are properly kept, made and filed according to Law.
Enforce these By-Laws and perform all duties incidental to the position of chairman which are required by law.
Shall act as ex-officio member of all committees. Attend audit exit conference to review annual report. Approve payment of invoices on a weekly basis.
b. Vice Chairperson: The Vice Chairperson shall be a Commissioner of the Authority and qualified and willing to accept all of the responsibilities of the Chairperson as outlined in these By-Laws. In the event of the absence or inability of the Chairperson to exercise his or her office, the Vice Chairperson shall become the acting Chairperson of the Catskill Housing Authority, with all the rights privileges, and powers as if he or she had been the duly-elected Chairperson.
Secretary: The Secretary shall:
Be responsible for ensuring the recording of the proceedings of all meetings of the Board of Commissioners.
See that all notices are duly given in accordance with the provisions of these By- Laws and as required by law;
Be custodian of all records of the Authority and of the seal of the Authority and shall affix the seal to all HUD regulated and required documents as noted in HUD regulations.
In general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the Commissioners.
Section 5: Removal
Any officer identified in Section 4 may be recommended for removal by the Commissioners to the Village President by majority vote. Election or appointment of an officer or agent shall not in itself create any contract right.
Section 6: Vacancies
Should any vacancy among the officers occur by death, resignation, or otherwise, the same shall be filled by vote of the Commissioners of the Authority for the unexpired portion of the term of such office.
Section 7: Signature of Checks
The Chairperson, or Vice Chairperson and Executive Director shall be authorized to sign the checks or drafts of the Housing Authority. Two signatures are required at all times.
ARTICLE IV – EXECUTIVE DIRECTOR
The Board of Commissioners shall have the responsibility to appoint or remove an Executive Director.
Responsibilities: Under the policies and supervision of the Board of Commissioners, the Executive Director shall:
Assume an active role in Community leadership.
Establish and assume responsibility for strong quality management practices.
Carry out all duties and responsibilities and meet the standards as outlined by The Catskill Housing Authority’s Executive Directors Job Description resulting in the effective management and operation of The Catskill Housing Authority
Be responsible for the implementation of all organizational policies as established by the Board of Commissioners.
Report to the Board on Authority activities at every Board meeting and provide other reports as requested by the Board to include the preparation of an annual report to be presented to the Board of Commissioners.
Hire and supervise staff to properly maintain housing authority operations.
Conduct and/or be present at all staff performance evaluations.
ARTICLE V – MEETINGS
Section 1: Parliamentary Authority
Except as otherwise stated in these By-laws, all meetings shall follow the guide lines established by the New York State open meeting law and Roberts Rules of Order (Newly Revised).
Section 2: Order of Business
All meetings shall follow a consistent format.
Call to order I Roll call
Comments from citizens
Resolutions
Executive Director and Departmental Reports
Old Business
New Business
Announcements of Commissioners
Executive sessions as needed
Adjournment
The above order may be changed by the Chairperson if necessary.
Section 3: Annual Meetings
The Annual Meeting of the members of the Catskill Housing Authority shall be held on the fourth Wednesday 5:00 PM, at the principal office of the Authority located at 32 Bronson Street in Catskill, NY. Should the day appointed for holding such meeting fall upon a legal holiday, the meeting shall be held the next succeeding Thursday there-after.
Annual meeting may be conducted and or attended via the Internet, video conferencing, or telephone, as long as it meets the other requirements that include providing reasonable notice and allowing the public to attend, which in the case of an alternative meeting format would mean the ability to listen, observe or participate.
The Secretary shall send to every Board member a notice specifying the time and place of such Annual Meeting at least seven (7) days but not more than three (3) weeks in advance of the meeting.
The purpose of the Annual Meeting shall be;
Elect the Officers
Review the annual report to include the Fiscal and Calendar years.
Review meeting protocol.
Hear By-Law Committee report
Conduct any other business deemed necessary by the Board of Commissioners.
Section 4: Regular/Open Meetings
A regular meeting of the Authority shall be held at least once a month on the fourth Wednesday at the principal office of the Authority. Regular meetings may be conducted and or attended via the Internet, video conferencing, or telephone, as long as they meet the other requirements that include; providing reasonable notice and allowing the public to attend, which in the case of an alternative meeting format would mean the ability to listen, observe or participate. The time and date of the annual and regular meetings may be modified, with appropriate notice, at the discretion of the board.
At least seven (7) days and not more than three (3) weeks prior to each meeting, the Secretary shall send to every member:
Notice specifying the time and place of the meeting;
Copy of the agenda;
Resolutions to be presented;
Minutes of the previous meeting.
Section 5: Special Meetings
Special meetings of the Authority may be called at any time by the Chairman of the Board upon majority vote of the Board. Board members must be notified 48 hours prior to the date, however such notice may be waived in writing. The notices shall state the reason for special meeting, the business to be transacted at the meeting, and by whom the meeting was called. No business other than that specified in the notice may be transacted at such special meeting without the unanimous consent of all the Commissioners present at that meeting. Special meetings may be conducted and or attended via the Internet, video conferencing, or telephone, as long as they meet the other requirements that include providing reasonable notice and allowing the public to attend, which in the case of an alternative meeting format would mean the ability to listen, observe or participate.
Section 6: Executive Session
Upon a majority vote of a quorum of its total members present, taken in an open meeting
pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, the Board of Commissioners may conduct an Executive session. No action by formal vote shall be taken without reconvening to public session.
Section 7: Quorum
A majority, three (3) of the Commissioners of the Housing Authority shall constitute a quorum at any meeting of the Commissioners. This shall include attendance by electronic means (via the Internet, video conferencing, or telephone) as long as they meet the other requirements that include; providing reasonable notice and allowing the public to attend, which in the case of an alternative meeting format would mean the ability to listen, observe or participate. If less than a majority (quorum) of the Board is present at a meeting, no meeting may take place. The secretary shall reflect that a quorum was not present and that the meeting could not take place.
Section 8: Voting
Voting shall be by roll call vote by voice or by a show of hands at all meetings of the Catskill Housing Authority Board. Each board member shall have one (1) vote on each matter submitted to a vote of the members of the Board of Commissioners. Proxy voting is prohibited and there will be no secret votes at any meeting of The Catskill Housing Authority. Unless otherwise stated in the By-Laws, all actions of the Board will be decided by a minimum of 51% of active board members. The results shall be entered upon the minutes of the meeting.
ARTICLE VI -COMMITTEES
Section 1: Standing Committees
The standing committees shall be the Personnel, Bylaws, Finance and Nominating committees. All standing committees shall consist of no more than two (2) Board members. Meetings of standing committees may be held as needed.
Personnel Committee: The Personnel Committee shall be composed of the Chairperson plus one other member of the Board appointed by her/him. The Executive Director always attends meetings of the Personnel Committee. The Personnel Committee shall be responsible for overseeing personnel affairs of the Housing Authority and is responsible for recommending changes in the Personnel Policy and procedures Handbook to the full Board. It is also responsible for conducting the annual evaluation of the Executive Director and of the Board itself. In case of a vacancy in the position of the Executive Director, the Personnel Committee is responsible for organizing and running the search for a successor. The personnel Committee also proposes the annual compensation Budget for all staff subject to full Board approval.
Nominating Committee: The Nominating Committee shall be responsible for proposing a slate of Officers. The Nominating Committee shall present the proposed slate at the November meeting. In case of a vacancy occurring on the Board, the Nominating Committee should recommend at least two candidates for each vacancy to the Village of Catskill President for her/his consideration.
Bylaws Committee: The By-Laws Committee shall be responsible for regularly monitoring and recommending to the Board any modifications of the Bylaws of the Authority which may be necessary to properly carry out the functions, procedures and guidelines of the Authority.
Finance Committee: The Finance Committee shall be responsible for regularly monitoring and reporting the finances of the housing authority and recommending to the Board any modifications to the budget of the Authority which may be necessary to properly carry out the functions, procedures and guidelines of the Authority.
Section 2: Special Committees (ad hoc)
Special (ad hoc) committees shall be appointed by the Chairman, with the consent of the Board.
ARTICLE VII – IMMUNITY / INDEMNIFICATION
Section 1: Immunity
Each Commissioner of the Authority shall be immune from liability from any claim of any nature whatsoever for any statements made or actions taken during his/her term as Commissioner taken in the good faith exercise of the powers granted and duties imposed under the law governing the Housing Authority.
Section 2: Indemnification
The Catskill Housing Authority shall indemnify its Commissioners against claims, actions, judgments, fines, amounts paid in settlement, and reasonable expenses and costs, including attorney’s fees, in connection with any claim asserted against any Commissioner(s), by action in court or otherwise, by reason of any act, statement or omission of any Commissioner(s) who acting in his/her capacity objectively acted in good faith for a purpose that such person reasonably believed to be in the best interest of the Authority and not unlawful.
ARTICLE VIII – AMENDMENTS
Section 1: Repeal
All previous resolutions adopted by the Authority inconsistent with these By-Laws are hereby repealed.
Adopted this 1st day of May1, 2020
Timothy M. Mattice