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14-169-208. Appointment, etc., of commissioners, employees.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-169-208. Appointment, etc., of commissioners, employees.
(a)(1) When the governing body of a city adopts a resolution as prescribed in § 14-169-207, it shall promptly notify the mayor of the adoption.
(2)(A) Upon receiving the notice, the mayor shall appoint five (5) persons as commissioners of the housing authority created for the city.
(B) When the governing body of a county adopts a resolution as indicated, the governing body shall appoint five (5) persons as commissioners of the authority created for the county.
(b) No commissioner of an authority may be an officer or employee of the city or county for which the authority is created.
(c)(1) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment.
(2)(A) Thereafter, commissioners shall be appointed as prescribed for a term of office of five (5) years. However, all vacancies shall be filled for the unexpired term.
(B)(i) When the term of office of a commissioner expires or other vacancy occurs in the commissioners of an authority, the commissioners shall appoint a successor to fill the vacancy, subject to confirmation by the municipal or county governing body.
(ii) If the commissioners fail to appoint a successor within forty-five (45) calendar days from the date a commissioner's term expires or other vacancy occurs, the governing body shall appoint a successor.
(C)(i) If the governing body fails to confirm or reject the commissioner's appointment within forty-five (45) calendar days after receiving written notice of the appointment, the appointment shall be deemed confirmed and the governing body shall have no power to act on the appointment thereafter.
(ii) If
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-169-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-169-208
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 451199f380b277c6483b94b794f2276103e767d8c1126f60e3aec75c60cec6dc
Source location: content.xml paragraph 39883
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14-169-208. Appointment, etc., of commissioners, employees.
(a)(1) When the governing body of a city adopts a resolution as prescribed in § 14-169-207, it shall promptly notify the mayor of the adoption.
(2)(A) Upon receiving the notice, the mayor shall appoint five (5) persons as commissioners of the housing authority created for the city.
(B) When the governing body of a county adopts a resolution as indicated, the governing body shall appoint five (5) persons as commissioners of the authority created for the county.
(b) No commissioner of an authority may be an officer or employee of the city or county for which the authority is created.
(c)(1) The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, from the date of their appointment.
(2)(A) Thereafter, commissioners shall be appointed as prescribed for a term of office of five (5) years. However, all vacancies shall be filled for the unexpired term.
(B)(i) When the term of office of a commissioner expires or other vacancy occurs in the commissioners of an authority, the commissioners shall appoint a successor to fill the vacancy, subject to confirmation by the municipal or county governing body.
(ii) If the commissioners fail to appoint a successor within forty-five (45) calendar days from the date a commissioner's term expires or other vacancy occurs, the governing body shall appoint a successor.
(C)(i) If the governing body fails to confirm or reject the commissioner's appointment within forty-five (45) calendar days after receiving written notice of the appointment, the appointment shall be deemed confirmed and the governing body shall have no power to act on the appointment thereafter.
(ii) If the governing body rejects such appointment within forty-five (45) calendar days after receiving written notice of the appointment, the commissioners shall within thirty (30) calendar days after receiving written notice of such rejection appoint another person to fill the vacancy.
(iii) If the commissioners fail to make the appointment within the thirty-day period, the governing body shall appoint a successor.
(3) A commissioner shall hold office until his successor has been appointed and has qualified.
(d)(1) A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the governing body.
(2) The certificate shall be conclusive evidence of the due and proper appointment of the commissioner.
(e) A commissioner may receive reasonable compensation for his services, not to exceed three hundred dollars ($300) per year. He shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties.
(f) The powers of each authority shall be vested in their commissioners in office from time to time.
(g)(1) Three (3) commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes.
(2) Action may be taken by the authority upon a vote of a majority of the commissioners present, except as provided in this subchapter and except as otherwise provided in the bylaws of the authority.
(h)(1) 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.
(2) When the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its commissioners.
(i)(1) An authority shall select from among its commissioners a vice chairman. It may also 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.
(2) 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.
(3) An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-169-207. Creation of authorities.
(a)(1) In each city and in each county of the state there is created a public body corporate and politic to be known as the “housing authority” of the city or county.
(2)(A) An authority shall not transact any business or exercise its powers under this subchapter until or unless the governing body of the city or the county, as the case may be, by proper resolution shall declare at any time that there is need for an authority to function in the city or county.
(B) The determination as to whether there is a need for an authority to function:
(i) May be made by the governing body on its own motion; or
(ii) Shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the city or the county, as the case may be, asserting that there is need for an authority to function in the city or county and requesting that the governing body so declare.
(b)(1) The governing body shall adopt a resolution declaring that there is need for a housing authority in the city or county, as the case may be, if it shall find that:
(A) Insanitary or unsafe inhabited dwelling accommodations exist in the city or county; or
(B) There is a shortage of safe or sanitary dwelling accommodations in the city or county available to persons of low income at rentals they can afford.
(2) In determining whether dwelling accommodations are unsafe or insanitary, the governing body may take into consideration:
(A) The degree of overcrowding;
(B) The percentage of land coverage;
(C) The light, air, space, and access available to the inhabitants of the dwelling accommodations;
(D) The size and arrangement of the rooms;
(E) The sanitary facilities; and
(F) The extent to which conditions exist in the buildings
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-169-207
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-169-207. This identifies an authority to review, not proof of applicability.