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 !!!!
• http://www.youtube.com/watch?v=ubCehMD
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!!