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HomeMy WebLinkAboutAgenda 01-17-23; 8-h - Removal of Appointee from the Orange County Housing Authority Board 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 17, 2023 Action Agenda Item No. 8-h SUBJECT: Removal of Appointee from the Orange County Housing Authority Board DEPARTMENT: Board of Commissioners ATTACHMENT(S): INFORMATION CONTACT: NCGS 157-8 and 157-34 Clerk's Office, 919-245-2130 PURPOSE: To remove an appointee from the Orange County Housing Authority Board (OCHA Board). BACKGROUND: Tammy Jacobs was first appointed to serve as a member of the OCHA Board on October 1, 2013, and her current term expires June 30, 2024. Ms. Jacobs did not attend any scheduled meetings during 2022, and has not responded to staff's attempts to contact her by email or telephone. North Carolina General Statute (NCGS) 157-34 gives the Board of Commissioners the authority to remove Housing Authority members for inefficiency or neglect of duty, but only after a copy of the charges against the member has been provided to them at least ten (10) days before removal, and after the member has had an opportunity for their defense to be heard in person by the Board of Commissioners. In follow-up to BOCC authorization at the December 13, 2022 Business meeting, the Clerk to the Board notified Ms. Jacobs on January 3, 2023 of the Board of Commissioners' intent to remove her from the OCHA Board due to neglect of duty, and invited Ms. Jacobs to attend this January 17, 2023 meeting in order to present any defense. FINANCIAL IMPACT: There is no financial impact associated with this item. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board approve the removal of Tammy Jacobs as an appointee to the Orange County Housing Authority Board. 2 § 157-8. Removal of commissioners. The mayor may remove a commissioner for inefficiency or neglect of duty or misconduct in office,but only after the commissioner shall have been given a copy of the charges against him (which may be made by the mayor) at least 10 days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. Any obligee of the authority may file with the mayor written charges that the authority is violating willfully any law of the State or any term,provision or covenant in any contract to which the authority is a party. The mayor shall give each of the commissioners a copy of such charges at least 10 days prior to the hearing thereon and an opportunity to be heard in person or by counsel and shall within 15 days after receipt of such charges remove any commissioners of the authority who shall have been found to have acquiesced in any such willful violation. A commissioner shall be deemed to have acquiesced in a willful violation by the authority of a law of this State or of any term, provision or covenant contained in a contract to which the authority is a party, if, before a hearing is held on the charges against him, he shall not have filed a written statement with the authority of his objections to,or lack of participation in,such violation. In the event of the removal of any commissioner, the mayor shall file in the office of the city clerk a record of the proceedings together with the charges made against the commissioners and the findings thereon. (1935, c. 456, s. 8.) § 157-34. Commissioners and powers of authority for a county. The commissioners of a housing authority created for a county may be appointed and removed by the board of county commissioners of the county in the same manner as the commissioners of a housing authority created for a city may be appointed and removed by the mayor; provided, that the board of county commissioners may determine in the case of any authority for its county that the board of county commissioners itself shall constitute and act ex officio as the authority. The board of county commissioners may at any time by resolution or ordinance increase or decrease the membership of an authority, within the limitations prescribed in G.S. 157-33. Except as otherwise provided herein, each housing authority created for a county and the commissioners thereof shall have the same functions,rights,powers,duties and limitations provided for housing authorities created for cities and the commissioners of such housing authorities: Provided, that for such purposes the term "mayor" or "council" as used in the housing authorities law and any amendments thereto shall be construed as meaning "board of county commissioners," the term "city clerk" as used therein shall be construed as meaning "clerk of the board of county commissioners" and the term"city" as used therein shall be construed as meaning "county" unless a different meaning clearly appears from the context: Provided, further, that a housing authority created for a county shall not be subject to the limitations provided in subdivision (4) of G.S. 157-29 of the housing authorities law with respect to housing projects for farmers of low income. (1941, c. 78, s. 4; 1969, c. 785, s. 2; 1981, c. 21, s. 2.)