NBHA By-LawsAdopted: August 25, 1999 (Resolution 99-8/25 #205)
Revised: June 27, 2001 (Resolution 2001-6/27 #102)
Revised: July 24, 2002 (Resolution 2002-7/24 #99)
Revised: July 28, 2004 (Resolution 2004-7/28 #81)
Revised: July 23, 2008 (Resolution 2008- 7/23 #59)
BY-LAWS OF THE HOUSING AUTHORITY OF THE CITY OF NEW BRUNSWICK
Section 1. Name of the Authority.
The name of the Authority shall be "The Housing Authority of the City of New Brunswick" or "The New Brunswick Housing Authority", or "The New Brunswick Housing & Redevelopment Authority".
Section 2. Seal of the Authority.
The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority.
Section 3. Office of the Authority.
The office of the Authority shall be at 7 Van Dyke Avenue in the City of New Brunswick, State of New Jersey, but the Authority may hold its meetings at such other place as it may designate by resolution.
Section 4. General Powers.
The Authority shall be vested with all powers and privileges conferred upon redevelopment and housing authorities by the Laws of the State of New Jersey and by the United States of America, including the power and authority to participate in any State or Federal program for public housing, slum clearance, redevelopment, and rehabilitation together with the power to enter into all agreements, issue its obligations, and exercise all rights and duties necessary for complete participation in any program available to it under relevant laws.
Section 1. First Officers.
The officers of the Authority shall be a Chairperson, a First Vice Chairperson, a Second Vice Chairperson, and a Secretary.
Section 2. Chairperson.
The Chairperson shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chairperson shall sign all contracts, deeds, and other instruments made by the Authority. At each meeting the Chairperson shall submit such recommendations and information he or she may consider proper concerning the business, affairs and policies of the Authority.
(a) The First Vice-Chairperson.
The First Vice Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson; and in the case of the resignation or death of the Chairperson, the First Vice Chairperson shall perform such duties as are imposed on the Chairperson until such time as the Authority shall elect a new Chairperson.
(b) The Second Vice-Chairperson.
The Second Vice-Chairperson shall perform the duties of the Chairperson and/or the First Chairperson in the absence or incapacity of same.
Section 4. Secretary.
The Secretary shall be the Executive Director of the Authority and, as such, shall have complete supervision over the administration of the business and affairs of its programs and projects, subject to the policies set forth by the Authority. He or she shall be charged with the management of the public housing and urban renewal projects of the Authority. The Secretary shall keep the records of the Authority, shall act as Secretary of the meetings of the Authority and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. He or she shall keep in safe custody the seal of the Authority and shall have the power to affix such seal of the Authority to all contracts and instruments authorized to be executed by the Authority.
The compensation of the Secretary shall be determined by the Authority, and if the office of Secretary is vacated, a temporary appointee may be selected by the Commissioners pursuant to the Rules of the State of New Jersey and by the United States of America provided that a temporary appointee selected from among the Commissioners of the Authority shall serve without compensation (other than the payment of necessary expenses).
Section 5. Additional Duties.
The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority, or by the By-Laws or rules and regulations of the Authority.
Section 6. Election or Appointment.
The Chairperson, the First Vice Chairperson and the Second Vice Chairperson shall be elected at the annual meeting of the Authority from among the Commissioners of the Authority, and shall hold office for one year or until their successors are elected and qualified. The Secretary shall be appointed by the Authority. Any person appointed to fill the office of Secretary, or any vacancy therein, shall have such terms as the Authority may fix, but no Commissioner of the Authority shall be eligible to this office except as a temporary appointee.
Section 7. Vacancies.
Should the office of Chairperson, the First Vice Chairperson or Second Vice Chairperson become vacant, the Authority shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of the said office. When the office of Secretary becomes vacant, the Authority shall appoint a successor, as aforesaid.
Section 8. Additional Personnel.
The Executive Director may from time to time employ such personnel, as he/she may deem necessary to exercise the powers, duties and functions of the Authority as prescribed by the Local Housing and redevelopment Authorities Law and by all other laws of the State of New Jersey (see attached organizational chart). The Authority shall have full power to enter into agreements upon such terms and conditions as it may determine with and other services to the Authority.
Section 9. Committees.
The Authority shall, by resolution duly proposed and adopted, provide for the appointment by the Chairperson of such standing and special committees in its judgment may from time to time be required. Committee membership will be limited to these.
* (see attached appendix I)
Section 1. Annual Meetings.
The annual meeting of the Authority shall be held at 6:30 p.m. on the fourth Wednesday of the first month following the end of the Authority's fiscal year. In the event that such date shall fall on a legal holiday, the annual meeting shall be held on the next succeeding Wednesday.
*(see attached appendix II)
Section 2. Special Meetings.
The Chairperson of the Authority may, when he or she deems it expedient, and shall, upon written the request of two or more members of the Authority, call a special meeting of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered to each member of the Authority, or may be mailed to the business or home address of each member of the Authority at least two days prior to the date of such special meeting. Such notices of meeting may be waived in writing by a waiver signed by all members of the Authority. At such special meeting no business shall be considered other than as designated in the call, but if four members of the Authority is present at a special meeting, any and all business may be transacted on a unanimous affirmative vote.
Section 3. Regular Meetings.
Monthly meetings shall be held without additional notice at the regular meeting place of the Authority on the fourth Wednesday of each month at 6:45pm (unless otherwise advertised), unless the same shall be a legal holiday, in which event said meeting shall be held on the next succeeding day. There will be eleven (11) Regular Meetings of the Housing Authority and no meeting will be held in the month of August, unless a Special meeting is called for by the Chairperson.
Section 4. Quorum.
The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Four members of the Authority shall constitute a quorum for the purpose of conducting its business and exercising its power, and for all other purposes. The Authority upon the affirmative vote of the majority, but not less than four of the Commissioners present may take action.
Section 5. Procedure.
All Authority meetings shall be conducted in accordance with a simplified form of Robert's Rules of Order. The Chairperson may designate a parliamentarian to assist the chair in procedural rulings.
Section 6. Order of Business.
At the regular meeting of the Authority the following shall be the usual order of business:
- Roll call
- Reading and approval of the minutes of the previous meeting
- Report of the Secretary
- Reports of the Committees
- Unfinished Business
- New Business
* (see attached appendix III, for specific procedures and process for the above order of business items)
All resolutions shall be in writing and shall be copied in a journal of the proceedings of the Authority.
Section 7. Manner of Voting.
The voting on all questions coming before the Authority shall be by roll call and the Yeas and Nays shall be entered upon the minutes of such meeting.
Section 8. Board Members Attendance at Annual, Regular and Special Meetings.
In order to promote the continued successful and efficient operation of the New Brunswick Housing Authority all Commissioners of the New Brunswick Housing Authority are encouraged to attend regularly scheduled Monthly Board Meetings and all Special Board Meetings. In those limited circumstances when a Commissioner in unable to attend in person, due to illness, disability or commuter delays beyond their control, they may participate by phone. Participation by phone however, will be limited to those instances, where a minimum of four (4) Board Members are present in person at the Board Meeting (or Special Meeting). In the event a Board Member must participate by phone the Board Member shall make every effort to advise the Executive Director at least 24 hours in advance, so that the necessary logistical arrangements may be made for their participation. Should any Board member have three (3) consecutive absences, the Board may direct that a statement be sent to that member's appointing council, individual, or agency, advising them of this fact and requesting that a replacement be designated. This number of absences may be extended by an affirmative vote of the Board, at any time, at the pleasure of the Chairperson.
Section 9. Time Limits for Comments.
An individual has a time limit of five (5) minutes per person for discussion on any matter or resolution that may come before the Board. This limit can be extended at the pleasure of the Chairperson, at any time.
Section 1. Amendments to the By-Laws.
The By-Laws of the Authority shall be amended only with the approval of al least four of the members of the Authority at a regular or special meeting, but no such amendment shall be adopted unless at least seven days written notice thereof has been previously given to all of the members of the
Section 1. The intent of these By-Laws is to vest in the Housing Authority of the City of New Brunswick not only all of the powers referred to in these By-Laws, but also all of the powers and authority which has been or may be delegated to it by any existing or future legislature of the State of New Jersey and the United States of America pertaining to public housing, slum clearance, redevelopment, and any other type of housing or construction program in which the said Authority might lawfully engage.
Section 2. The Organizational Chart marked A-1 attached hereto and a part hereof is adopted as the official organizational chart of the Authority.
Section 1. All Housing Authority commissioners shall act in a professional and ethical manner in carrying out their official duties. They shall be bound by the rules and regulations and principles of the New Brunswick Housing Authority Code of Professional ethics set forth in this section and the City of New Brunswick Code of Ethics as well as the New Jersey Local Government Ethics Law.
Section 2. If any commissioner is found by the Board to have violated the Code of Professional Ethics, the City Ethics Code or the State Ethics law, the Board of Commissioners, by resolution, may petition the appointing authority for that Commissioner's removal.
Section 3. All commissioners shall, on an annual basis at the annual reorganizational meeting, pledge themselves to the New Brunswick Housing Authority Code of Professional Ethics set forth in Section 4.
Section 4. New Brunswick Code of Professional Ethics.
The objective of the Code of Ethics is to encourage professional performance by housing commissioners. The Code describes objectives which, when accepted and followed, will help to foster a beneficial relationship between the commissioners and staff, and those they serve.
NEW BRUNSWICK HOUSING AUTHORITY CODE OF PROFESSIONAL ETHICS
A public housing commissioner shall be bound by the following pledge:
- I pledge myself to the professionalization of Housing Commissioners through my own efforts and through the mutual efforts of my colleagues and by all other proper means available.
- I pledge to view my service on the Housing Commission as an opportunity to serve my community, my state, and my nation because I support the objectives of providing a decent, safe and sanitary home and a suitable living environment for every American family.
- I pledge that I recognize that my responsibilities are to serve in this capacity as a government official, a community leader, and an advocate for the Commission, its programs and objectives.
- I pledge myself to seek and maintain an equitable, honorable and cooperative association with fellow public housing officials and all others who are concerned with the proper and professional management of public housing developments.
- I pledge to try to make decisions in terms of the most economical and efficient method toward the best interests of all citizens, particularly those of low and moderate income. Decisions will provide an equal opportunity to all citizens regardless of race, creed, sex or age.
- I will recognize that my responsibility is not to make the day-to-day management decisions of the Authority, but to see that it is well run by carrying out policy making, planning and appraisal functions and by providing direction and taking formal action in support of these functions.
- I pledge to refuse to represent special interests or partisan politics or to use this Commission for personal gain or for the gain of friends or supporters. I recognize that although I have been appointed by the city government or by the governor, my responsibility is to the entire community.
- I pledge that I shall not receive, directly or indirectly, any fee, rebate, commission, discount, gratuity, or any other benefit whether monetary or otherwise for the proper professional discharge of my duties, except authorized expenses and other benefits.
- I will arrive at conclusions only after I have discussed matters fully with members of the professional staff and other commission members. Once a decision has been reached by the majority of the commission assembled at a meeting, I will support it graciously.
- I will recognize that authority is vested with the whole commission assembled in meetings and that the powers of the commission shall be vested with the commissioners thereof in office at any time.
- I pledge to support and protect authority personnel in the performance of their duties. Where and when commissioners are involved in the employment of staff, I will vote to hire only competent and trained personnel who have been recommended by the executive director, otherwise I will support the executive director in his or her choice of hiring and handling personnel without involvement by the commission.
- I pledge to refer all complaints, including my personal criticisms, to the executive director, and only after the failure of administrative solution will pursue such matters outside the commission while also recognizing the individual rights of a commissioners as a citizen appointee and the responsibilities such appointment implies.
- I pledge to observe and enforce local and state laws and regulations pertaining to the commission and the authority and housing represented by those entities.
- I pledge to respect the limited intent and scope of executive session and respect privileged communications from executive session and other sources for the privacy of the personnel and clients with whom we are involved.
- I pledge myself to place honesty, integrity, industriousness, compassion and understanding above all else; to pursue my gainful efforts by study and dedication to the end that service to my housing authority and the people I serve shall always be maintained at the highest possible level.
- I pledge to make diligent use of the time of the commission as a whole and to faithfully attend all meetings barring unforeseen conflicts in which case I shall promptly notify the chairperson or designee while respecting the rights and commitments of other commissioners and the housing authority that the commission represents.
- I pledge myself to comply with the rules and regulations and principals of this Code of Professional Ethics, the Ethics Code of the City of New Brunswick, and NJSA 40A:9-22.1, the New Jersey Local Government Ethics Law.
Subscribed and sworn to me before on this ________ day of 2008
Board Member's Signature
My Commission expires __________________________________
The following is a list of standing Board Committees. The newly elected or re-elected chairperson shall make the appointments to these committees at the beginning of the fiscal year.
- Community Relations Committee
- Operations Committee
- Human Resources Committee
- Annual Sub-Committee Committee
The Chairperson may add any additional Committees as necessary in order to set policy and procedure for the Authority's operation.
The Annual Meeting
Annual Meetings should be held for the primary purpose of electing new board officers. Other important purposes and tasks to be accomplished at the Annual Meeting are listed below:
1.) By holding the Annual Meeting during the first month of the new budget year, the "old board" will have completed the planning for the upcoming fiscal year and the business of the agency should be in good condition to pass to the "incoming board" - albeit, the same board membership in most cases.
2.) In addition to the election of officers, the board's reorganization should take place at the Annual Meeting. These include:
- Rotation of elected officers.
- Three or four months prior to the Annual Meeting, the Finance/Legal/Training committee will be required to meet, to review and possibly recommend revisions to, the Authority's By-Laws.
- An Administrative training for all Executive Staff and Management (and Board training) will take place approximately three months prior to the Annual Meeting, to discuss Authority needs, budget revisions and requirements, and departmental needs and requirements.
- An annual plan from the combined training meetings must be created by the Chairperson and the Secretary, and an agenda must be forwarded to all Board members, at the Annual Meeting.
- In conjunction with the annual plan, the Board's Human Resource Committee must establish a written basis upon which the Secretary (Executive Director) is to be evaluated in June of each calendar year. The Committee must also make a written evaluation of the Secretary's (Executive Director's) performance of the previous year, available to the Board, and present a written recommendation for monetary compensation, for action prior to the Annual Meeting of the Board in July.
- If the Executive Director has an Employment Agreement (Contract), and it requires amending or renewal, plan to have accomplished the tasks required to put it in final form before the Annual Meeting. Vote on the executive director's Contract at the Annual Meeting if the matter has not been addressed during the previous fiscal year.
- At least three (3) months prior to the Annual Meeting, the chairperson must designate (or create) a specific sub-committee to plan and arrange for any "annual tasks" which will need to take place in the upcoming fiscal year. The sub-committee will be asked to recommend a calendar of planned events and assemble sub-committees to accomplish the tasks associated with the events. Place the calendar, recommended sub-committees and tasks to be accomplished on the agenda for the Annual Meeting.
- Included in above should be the recognition and distribution of commendations to individuals, committees, task forces, staff and resident groups which have significantly contributed to the work of the board and agency over the past year.
- The same sub-committee will be responsible for working with the Secretary and Residents, to amend the Authority's Comprehensive Agency Plan, as well as review proposed budgets for the upcoming year.
4.) The Board meeting dates will be advertised once a year (unless there are changes in the previously advertised dates) following the Annual Board Meeting. On a monthly basis, Board meeting notices will be posted at the required public sites, at least 48 hours prior to the holding of any meeting.
5.) Finally, the Annual Meeting should be anticipated by the Board and the Secretary, as an opportunity to express the accomplishments of the past year, but of more importance, the plans and goals for the upcoming fiscal year. The accomplishment of the previous year should be detailed (in summary form), by a Annual Authority Report, which will be constructed by the Secretary (in conjunction with the Chairperson).
Order of Business
Reading of the Public Notice:
Regarding of the public notice will be done by the Secretary (or their designee).
Roll call will be conducted by the Board recorder (or Secretary), at the request of the Chairperson.
Pledge of Allegiance:
Pledge of Allegiance will be led by the Chairperson the Authority
Reading of the approval of the minutes of the previous meeting:
Reading of the approval of the minutes of the previous meeting will be conducted by the Board recorder (or Secretary), at the request of the Chairperson.
The Secretary will read the resolutions for consideration by the Board of action.
Report of the Secretary:
The Board's Secretary will make a written report on the daily operations of the Housing and Redevelopment Authority including; an Executive Report, a Finance Report, Asset Management Reports, Section 8 HCV Report and any other program of the Authority which may be in operation (or which have been requested by the Board). A copy of the Package (less any non-public personnel or legal information) must be kept available for public review, at the Authority's Office.
Reports of Committees:
The Chairperson of each sub-committee may provide a monthly verbal (or written report) on the individual committee's activities and recommendations. Resolutions will be generated from their recommendations either by the Sub-committee or Chairperson (and will be coordinated through the Executive Director) for inclusion in the Board Packages.
The Chairperson of the Board will provide the Board with any unfinished business that needs the Board attention.
The Chairperson will open the floor for public comments and questions, for a period not more than thirty (30) minutes.
All meetings will be adjourned by the chairperson (or acting chairperson).