ORS 456.095
Appointment and qualification of commissioners of housing authorities
(1)
When the governing body of a city or county adopts a resolution pursuant to ORS 456.085 (Adopting resolution declaring need for authority), the governing body may then elect to have the powers of a housing authority under ORS 456.055 (Definitions for ORS 456.055 to 456.235) to 456.235 (Dissolution of housing authorities) exercised in any of the following ways:(a)
Appointing by resolution, a commission composed of five, seven or nine persons.(b)
Declaring, by resolution, that the governing body, itself, shall exercise the powers of a housing authority under ORS 456.055 (Definitions for ORS 456.055 to 456.235) to 456.235 (Dissolution of housing authorities). A governing body that exercises the powers of a housing authority may appoint at least one but not more than two additional commissioners for the housing authority. An appointed commissioner has the same authority as other housing authority commissioners, but may not exercise any powers of the governing body. At least one appointed commissioner must be a resident who receives direct assistance from the housing authority. The second appointed commissioner, if any, at a minimum must live within the jurisdiction of the authority. An appointed commissioner serves a term of office equal in length to the terms of office for governing body members, but not more than four years. An appointed commissioner may be removed only for cause as described in ORS 456.110 (Removal of commissioner) or if the commissioner ceases to meet the requirements for being an appointed commissioner. In the event that a housing authority commission consisting of the governing body of a city and one or more appointed commissioners has an even number of members, the mayor must be included as a member of the commission for the housing authority. An act of a governing body exercising the powers of a housing authority is an act of the commission for the housing authority only and not of the governing body.(2)
When the governing bodies of two or more authorities join and cooperate with one another and create a regional authority to exercise all the powers conferred by the Housing Authorities Law, as authorized by ORS 456.140 (Joinder or cooperation of authorities), the governing bodies of the cooperating cities and counties shall by resolution appoint a commission for the regional authority consisting of nine persons. The cooperating cities and counties shall each appoint an equal number of the nine commissioners. If nine divided by the number of joining or cooperating cities and counties produces a fraction, then the commissioners appointed by such cities and counties shall appoint one commissioner so that nine commissioners in all are appointed. The nine commissioners appointed by or on behalf of cities or counties may appoint at least one but not more than two additional commissioners for the housing authority. At least one additional commissioner must be a resident who receives direct assistance from the housing authority. The second additional commissioner, if any, at a minimum must live within the jurisdiction of the authority. The term of office for an additional commissioner is equal to the term of office for a commissioner appointed by or on behalf of cities or counties. An additional commissioner may be removed only for cause as described under ORS 456.110 (Removal of commissioner) or if the person ceases to meet the requirements for being an additional commissioner.(3)
A commissioner of an authority may not be an officer or employee of any city or county for which the authority is created, unless the commissioner is a member of the governing body or one of the governing bodies.(4)
Persons appointed to the commission shall include a variety of occupations. At least one commissioner, but not more than two commissioners, appointed under subsection (1)(a) of this section must be a resident who receives direct assistance from the housing authority.(5)
A governing body shall adopt a resolution for the appointment or reappointment of a commissioner. A governing body resolution is conclusive evidence that the commissioner was properly appointed. [Amended by 1969 c.630 §3; 1971 c.592 §1; 1973 c.672 §6; 1975 c.335 §1; 2001 c.547 §3; 2007 c.606 §7; 2019 c.625 §69]
Source:
Section 456.095 — Appointment and qualification of commissioners of housing authorities, https://www.oregonlegislature.gov/bills_laws/ors/ors456.html.
Notes of Decisions
City council and housing authority were distinct entities with different functions even though their membership was identical, and cooperation agreement between council and authority did not obligate city to grant conditional use permit for any housing project approved by authority. Western Mills v. Housing Authority of Salem, 34 Or App 401, 578 P2d 817 (1978), Sup Ct review denied
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