COMMISSIONERS OBLIGATIONS AND REQUIREMENTS ROLES, COMPLIANCE, INSURANCE, LEGAL ISSUES, CRISIS MANAGEMENT

THE CREATION PART OF THE CITY, COUNTY OR STATE? FEDERAL AGENCY? SO WHAT IS IT?

STATE LAW CREATED AS MUNICIPAL CORPORATION FUNDED BY FEDERAL GOVERNMENT UNDER CONTRACT CHARTER/ARTICLES OF INCORPORATION BYLAWS

OFFICIAL PUBLICATIONS THE ANNUAL CONTRIBUTION CONTRACT THE HUD ETHICS MANUAL

THE CREATION PART OF THE CITY, COUNTY OR STATE? FEDERAL AGENCY? SO WHAT IS IT?

STATE LAW CREATED AS MUNICIPAL CORPORATION FUNDED BY FEDERAL GOVERNMENT UNDER CONTRACT CHARTER/ARTICLES OF INCORPORATION BYLAWS

GOVERNING BODY BOARD OF COMMISSIONERS – APPOINTED, ELECTED? – RESIDENT COMMISSIONER – OATH OF OFFICE – TRAINING/ORIENTATION – RESPONSIBLE TO WHOM? – SIGN THE ACC IF FUNDING RECEIVED

BOARD DUTIES SELECT AN EXECUTIVE DIRECTOR MAKE POLICIES RECEIVE REPORTS PASS RESOLUTIONS SIGN DOCUMENTS FOR SUBMITTAL AS REQUIRED FOLLOW ALL OF THE RULES AND REGULATIONS.

DETAILED LOOK ANNUAL CONTRIBUTIONS CONTRACT – SIGNED BY CHAIRPERSON OF THE BOARD – HOUSING AUTHORITY BOUND BY TERMS – PARTS A & B – COVERS: MISSIONS, COVENANTS TO DEVELOP, COOPERATION AGREEMENT, USE OF MONEY

ACC OVERVIEW BUDGET REQUIREMENTS CIVIL RIGHTS REQUIREMENTS INSURANCE REQUIREMENTS EMPLOYER REQUIREMENTS DEFAULT PROCEDURES WAIVERS

AND: CONFLICTS OF INTEREST IN ACC AND REPUBLISHED ETHICS MANUAL FOR PHA’S ADDED FORMS AND INFORMATION

OTHER RESOURCES STATE ETHICS LAW ETHICS COMMISSION OPINIONS ATTORNEY GENERAL OPINIONS HUD WEBSITES OTHER WEBSITES

STATE ISSUES LOCAL STATE LAW PUBLIC EMPLOYEE? NATURE OF HOUSING AUTHORITY: STATE, LOCAL, COUNTY, MUNICIPAL, FEDERAL AGENCY? LOOK TO ORGANIZATION STATUTES AND DOCUMENTS

STAFF AND/OR COMMISSIONERS WHO IS AN “OFFICIAL” WHERE DOES FUNDING COME FROM? CASE LAW ATTORNEY GENERAL OPINIONS DO WE WANT TO ASK FOR ONE?

WHAT CONTROLS? FEDERAL LAW REGULATIONS STATE LAW HANDBOOKS CONTRACTS ATTORNEY GENERAL OPINIONS

THE ISSUE DEFINED FOLLOW THE MONEY – PROCUREMENT – OWNERSHIP – APPEARANCE OF IMPROPRIETY – CONTRACTS TO FRIENDS – “WE CAN ALL EAT STEAKS INSTEAD OF HAMBURGERS”

PUBLIC PERCEPTION FUNDING CRISIS: PERKS, TRAVEL, FOOD EMPLOYEE ACTIONS: TALKING RUMORS: RESIDENTS COMPLAIN COMPLAINTS TO MEDIA

OFFICIAL INQUIRIES HUD ANONYMOUS COMPLAINTS STATE/LOCAL GOVERNMENT INQUIRIES

THE RULES PUBLIC HOUSING – APPLIES TO PRESENT OR FORMER MEMBERS OF PHA GOVERNING BODY – ANY EMPLOYEE WHO FORMULATES POLICY – NEPOTISM – DISCLOSURE – WAIVERS

EXAMPLES CONTRACTS – FAMILY MEMBER AND BOARD/STAFF – FORMER MEMBERS – RUNNING FOR OFFICE – BOARD MEMBERS TEMPORARILY BEING EMPLOYEE OF PHA – INCLUDES GRANTS

MORE EXAMPLES CONTROLLING EXPENDITURES – DESIGNATED BANK, BANKER, FUNDS – DESIGNATED PROGRAMS – HIRING COMMISSIONER SPOUSE AT PHA

SECTION 8 INTEREST IN A HAP CONTRACT FAMILY MEMBERS OWNING DISCLOSURE WAIVERS TO VOTE OR NOT TO VOTE? – MINUTES SHOULD REFLECT

HATCH ACT BIPARTISAN RACES EMPLOYEES OF PHA STATE AND LOCAL EMPLOYEES

OTHER CONSIDERATIONS INSURANCE REQUIREMENTS DIRECTORS AND OFFICERS LIABILITY INSURANCE

WAIVER FORMS INCLUDED IN WAIVER GET WAIVER FIRST IN WRITING: SEE DEFINITIONS LOCAL, REGIONAL, NATIONAL?

LEGAL/LAWSUITS HUD legal notification policy Selecting attorney Insurance issues Settlement Filing Suit Attorney on retainer ???? Who is represented?

LITIGATION GUIDE NOTICE TO HUD THREATENED OR ACTUAL ATTORNEY CHOICE SETTLING CASES? APPEALING CASES?

WHEN A PROBLEM DEVELOPS NOTIFY ALL IN THE CHAIN GET ADVICE OF ATTORNEY NOTIFY HUD? DEALING WITH THE MEDIA FIXING THE PROBLEM

AVOIDING PROBLEMS DON’T BE GREEDY FOLLOW ADVICE OF DIRECTOR SEEK LEGAL HELP SEEK ASSISTANCE FROM ATTORNEY GENERAL FOR STATE ISSUES SEEK ADVICE OF HUD FOR FEDERAL ISSUES DON’T BE AN EXAMPLE

AUDITS INSIST ON GOOD AUDIT DEVELOP FINANCE/AUDIT COMMITTEE REPORT ANY POSSIBLE PROBLEM IF FOUND – REPORT IT, DON’T BE CAUGHT

A CASE CHAIRMAN OF BOARD DOES NOT LIKE THE DIRECTOR GOES DOOR TO DOOR ASKING RESIDENTS ABOUT THE DIRECTOR TERMINATES DIRECTOR NAMES SPOUSE AS NEW DIRECTOR

AND ONE MORE DIRECTOR FINDS PROBLEM WITH HUD REQUIRED REPORT – INFORMATION WAS FALSE WHEN SENT TO HUD REPORTS THAT TO THE BOARD AND HUD DIRECTOR FINDS PROBLEM WITH SPENDING AND SPECIAL ACCOUNT COMMISSIONER THREATENS DIRECTOR

PLANNING FIVE YEAR PLAN ANNUAL PLAN BUDGET AUDITS BOARD RETREATS STAFF LEADS

BOARD ACTIONS PASS POLICIES HIRE EXECUTIVE DIRECTOR PERFORMANCE REVIEWS RECEIVES REPORTS

DIRECTOR AND THE BOARD HIRED BY THE BOARD HELPS THE BOARD DO THEIR JOB DAY TO DAY MANAGEMENT – DIRECTOR IMPLEMENTS POLICIES REPRESENTS THE ORGANIZATION HIRES, DIRECTS, SUPERVISES, EVALUATES AND DISCIPLINES ALL STAFF PREPARES BUDGET

MORE DUTIES MANAGES FINANCES PREPARES REPORTS OVERSEES ASSETS MAKES RECOMMENDATIONS PLANS OPERATIONS MAKES REPORTS INFORMS ABOUT ORGANIZATION STATUS

AND MORE REPORTS ON RESULTS OF BOARD ACTIONS KNOWS WHAT IS GOING ON IN AGENCY HANDLES COMPLAINTS ADMINISTERS THE PROGRAMS MAKES REGULAR REPORTS TO THE BOARD ON THE PHA PROGRAMS AND NEEDS PREPARES ANNUAL REPORTS

ROLE OF THE ED VITAL PART OF THE BOARD TEAM IMPORTANT REPORTING RESPONSIBILITY DOES NOT WANT A “RUBBER STAMP” IS THE SECRETARY/TREASURER OF THE BOARD HAS A FIDUCIARY DUTY (LIKE BOARD) HAS ONE BOSS – THE FULL BOARD THE BOARD HAS ONLY ONE EXECUTIVE DIRECTOR

THE BOARD NO DIRECT RESPONSIBILITY OTHER THAN THROUGH THE DIRECTOR FOR DAY TO DAY OPERATIONS NO “SHORT CIRCUIT” – REMIND STAFF AND RESIDENTS ABOUT CHAIN AND PROPER CHANNEL REFER COMPLAINTS

PROBLEMS AND CONCERNS PROBLEMS ARE BEST RESOLVED AT THE LOWEST LEVEL IN THE CHAIN CONCERNS/COMPLAINTS SHOULD BE REPORTED TO THE ED FOR RESOLUTION BEWARE OF BECOMING LIABILE

BOARD AND STAFF BE CONCERNED ABOUT STAFF RECOGNIZE THE STAFF MAKE PERSONNEL POLICY CHANGES AS REQUIRED OR AS NEEDED DON’T BECOME INVOLVED IN STAFF PROBLEMS

MEETINGS ATTEND ALL MEETINGS PREPARE FOR MEETINGS PARTICIPATE IN DISCUSSIONS COOPERATE WITH MEMBERS MAKE THE MEETINGS WORK COMPROMISE WORK TOWARD CONSENSUS

MEETINGS, CON’T. BEGIN ON TIME STICK TO THE AGENDA FOLLOW THE BYLAWS AND POLICIES ASK FOR INFORMATION BEFORE THE MEETING WHEN POSSIBLE DON’T USE MEETINGS AS SOAPBOX DON’T BE SINGLE MINDED DECISION OF THE BOARD IS THE DECISION

ED EVALUATION USE AS POSITIVE EFFORT TO COMMUNICATE WITH DIRECTOR DON’T USE TO DOCUMENT ERRORS AWARD GOOD PERFORMANCE DEMAND CORRECTION FOR POOR PERFORMANCE

OTHER CONSIDERATIONS BOARD SHOULD EVALUATE ITSELF AND HOW IT OPERATES EVALUATE ANNUALLY SET GOALS GET CONTINUING EDUCATION DO WHAT IS BEST FOR THE BOARD DO PRESENTATIONS WATCH THE MEDIA!!!!!

WATCH OUT !!!! Q85Q&feature=youtube_gdata Q85Q&feature=youtube_gdata SPOKESPERSON? EMPLOYEES? BOARD CHAIR?

MAKING IT WORK KNOW MEMBERS, RULES, ED, AND PROCEDURES KNOW THE BOARD’S DYNAMICS ROLE OF BOARD: – LEADER? – CRITIC? – SUPPORTER?

KEEP A NOTEBOOK BYLAWS BUDGETS MAJOR POLICIES: ACOP, ADMIN, PERSONNEL, ETC.

WORK AS A TEAM THE TEAM HAS THE POWER AND AUTHORITY TO ACT ED IS A MEMBER OF THE BOARD TEAM LISTEN TO OTHER MEMBERS EXPLAIN YOUR POSITION CLEARLY BE FRIENDS WITH OTHER MEMBERS DON’T BE AFRAID TO AGREE OR DISAGREE

TEAM DYNAMICS DON’T LET DISAGREEMENT CARRY OVER TO NEXT ISSUE RESPECT WHAT OTHERS HAVE TO SAY AVOID FORMING VOTING BLOCKS AND/OR CLIQUES ACCEPT THE FACT THAT THERE WILL BE SPLIT VOTES IF IN MINORITY, ACCEPT THE MAJORITY AND LEAVE DISAGREEMENTS AT THE TABLE

GOOD PRACTICES BALANCE LEADING AND DELEGATING LET ED HELP YOU DO YOUR JOB ADOPT LONG AND SHORT RANGE PLANS AVOID TURF BATTLES SET PARAMETERS ON HOW THE SYSTEM OPERATES ASK FOR ADVANCE NOTICE OF MEETING ITEMS

WHAT THE BOARD MONITORS FINANCES AND THE BOTTOM LINE VACANCIES MODERNIZATION PROCESS SECTION 8 UTILIZATION RESIDENT PROGRAMS PROJECT BASED ISSUES EXECUTIVE DIRECTOR

MONITORING, CON’T REVIEW RESIDENT SURVEY RESULTS ANNUAL REPORTS TO HUD AUDIT AND FINANCIAL STATEMENT

DEVELOPING POLICIES NEEDS IDENTIFIED FACTS GATHERED ISSUES DELIBERATED OUTCOME ISSUES POLICY WRITTEN POLICY REVIEWED, NOTICE TO RESIDENTS

BE AN ADVOCATE PROMOTE THE AGENCY GO TO CIVIC CLUBS ATTEND NEIGHBORHOOD MEETINGS INFORM DIRECTOR OF NEEDS DEALING WITH THE PRESS – ED IS THE CONTACT – KNOW WHAT TO SAY AND WHAT NOT TO SAY

DELEGATE RESPONSIBILITY DIRECTOR IMPLEMENTS POLICY ALLOW THE STAFF TO DO THEIR JOB TRUST THE STAFF DON’T BE AFRAID TO ASK QUESTIONS

AVOIDING TROUBLE ACTS OF THE MAJORITY ARE THE ACTS OF THE BOARD THE MEDIA: HOW TO WORK WITH THEM, OFFICIAL SPOKESPERSON, WHAT ABOUT BAD PRESS? MAINTAIN IMAGE OF THE BOARD

COMPLAINTS REFER ALL TO DIRECTOR REMIND RESIDENTS AND EMPLOYEES TO CONSULT WITH DIRECTOR DON’T MAKE PROMISES AVOID LOSING YOUR INSURANCE COVERAGE NOTIFY DIRECTOR OF PUBLIC COMPLAINTS AND ISSUES

RULES KNOW THE BYLAWS FOLLOW THE BYLAWS

ACTIONS ON RESOLUTIONS ON POLICIES SIGNING REPORTS NO DAY-TO-DAY GOVERNANCE

AVOID: BEING MANAGERS POLITICS PERSONNEL MATTERS BECOMING TOO INVOLVED WITH EMPLOYEES AND TENANTS

DO NOT: AMBUSH STAFF SEND PEOPLE TO BE HIRED OR HOUSED SEND FRIENDS FOR CONTRACTS ASK FOR PERSONAL FAVORS TAKE A CHANCE ON VIOLATING ETHICS USE OFFICE FOR POLITICAL PURPOSES SNUB HUD

REMEMBER ACT AS A TEAM FOLLOW ALL RULES AND REGULATIONS MAKE SUGGESTIONS ASK FOR REPORTS AND INFORMATION BE UNIFIED STAY UP TO DATE

CONCLUSION GENERAL RULES – AVOID APPEARANCE OF IMPROPRIETY – FOLLOW THE RULES: ALL OF THEM – ASK BEFORE ACTING – DISCLOSE ANY POSSIBLE ISSUES – TAKE ADVICE GIVEN – WATCH WHAT YOU ARE DOING!!