Borough of Red Bank, NJ Housing Authority

[Amended 10-12-2023 by Ord. No. NP2023-16]

Pursuant to the provisions of N.J.S.A. 40A:12A-17 et seq., there is hereby established a "Housing Authority of the Borough of Red Bank," an agency and instrumentality of the Borough of Red Bank.

The Housing Authority shall be comprised of seven members. Five members shall be appointed by the Borough Council, one member shall be appointed by the Mayor, and one member shall be appointed by the Commissioner of Community Affairs. A certificate of the appointment or reappointment of any member shall be filed with the Clerk of the municipality and that certificate shall be conclusive evidence of the due and proper appointment of that member.

The members shall serve for terms of five years and until their respective successors have been appointed and qualified.

The terms shall be staggered. Of the five members first appointed by the governing body one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years.

Vacancies shall be filled in the same manner as the original appointments were made, but for the unexpired term.

If a vacancy is not filled by the appointing authority within 90 days of the occurrence of the vacancy, the Commissioner of the Department of Community Affairs shall notify the appointing authority of his or her intent to fill the vacancy if it is not filled in 30 days. If the vacancy is not filled within that thirty-day period, the Commissioner may appoint a member for the unexpired term.

No more than one member of a Housing Authority may be an officer or employee of the municipality or county by which the Authority is created.

A member of an Authority shall receive no compensation for his services, but shall be entitled to reimbursement for actual expenses necessarily incurred in the discharge of the duties of membership, including travel expenses.

Four members shall constitute a quorum of the Authority for the purpose of conducting its business and exercising its powers and all other purposes. Action may be taken by the Authority upon the affirmative vote of the majority, but not less than four of the members present, unless in any case the bylaws of the Authority shall require a larger number.

The Authority shall select a Chairman and a Vice Chairman from among its members, and shall employ an Executive Director, who shall be its Secretary.

No member or employee of an Authority shall acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in such a project, nor shall be have any interest, direct or indirect, in any contract or proposed contract for materials and services to be furnished or used in connection with any housing project. If any member or employee of an Authority owns or controls an interest, direct or indirect, in any property included or planned to be included in a housing project he shall immediately disclose the same in writing to the Authority and the disclosure shall be entered upon the minutes of the Authority. Failure to disclose such an interest shall constitute misconduct in office. A member or employee required by this subsection to make such a disclosure shall not participate in any action by the Authority affecting the property with respect to which such disclosure is required.

For inefficiency or neglect of duty or misconduct in office a member of an Authority may be removed by the governing body or officer by which he was appointed; but a member may be removed only after he has been given a copy of the charges at least 10 days' prior to a hearing thereon and has had the opportunity to be heard in person or by counsel. In the event of a removal of any member of an Authority a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk of the county or municipality.