Appointment, Qualifications, and Tenure of Commissioners; Reimbursement for Expenses

  1. Law
  2. Georgia Code
  3. Buildings and Housing
  4. Housing Generally
  5. Housing Authorities
  6. Housing Authority Commissioners
  7. Appointment, Qualifications, and Tenure of Commissioners; Reimbursement for Expenses

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    1. When the governing body of a city adopts a resolution as provided in Code Section 8-3-5, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for such city. In the event the mayor fails or refuses to submit appointments within 30 days after notice from the governing body of approval of a resolution of necessity or termination of existing appointments, the governing body may appoint the commissioners of the authority created for such city.
    2. In any city other than a city described in subparagraphs (A) and (B) of paragraph (3) of this subsection in which the governing body thereof has adopted a resolution as provided in Code Section 8-3-5 and the authority has passed a resolution so requesting, the mayor shall appoint, in addition to the other commissioners authorized in paragraph (1) of this subsection, one or two additional commissioners of whom at least one is directly assisted by the public housing authority in such city and who shall be known as a resident commissioner. Each resident commissioner shall be appointed for initial and subsequent terms of office of one year and shall have full voting rights. Each authority shall determine how many commissioners shall constitute a quorum of such authority. In the event any person serving as a resident commissioner ceases to be directly assisted by the public housing authority within such city, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment of the mayor.
      1. In any city with a population of 350,000 or more according to the United States decennial census of 1970 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the mayor shall appoint, in addition to the other commissioners authorized under paragraph (1) of this subsection, two commissioners to be known as resident commissioners who shall be residents of a housing project in such city. These resident commissioners shall be appointed for a term of office of one year. The two resident commissioners shall be voting members and four commissioners shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes. In the event any person serving as a resident commissioner ceases to be a resident of a housing project in such city, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the mayor of said city.
      2. In any city of this state having a population of not less than 95,000 nor more than 130,000 according to the United States decennial census of 1990 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the mayor shall appoint, in addition to the commissioners authorized in paragraphs (1) and (2) of this subsection, an additional commissioner who shall be a recipient of direct assistance from the public housing authority within the city. Such additional commissioner shall be appointed for a term of office of five years and until the appointment and qualification of a successor. Successors shall also be appointed for terms of five years.
    1. When the governing body of a county adopts a resolution as provided in Code Section 8-3-5, said body shall appoint five persons as commissioners of the authority created for said county.
    2. In any county other than a county described in paragraph (3) of this subsection in which the governing body thereof has adopted a resolution as provided in Code Section 8-3-5 and the authority has passed a resolution so requesting, the governing body shall appoint, in addition to the other commissioners authorized in paragraph (1) of this subsection, one or two additional commissioners of whom at least one is directly assisted by the public housing authority in such county and who shall be known as a resident commissioner. Each resident commissioner shall be appointed for initial and subsequent terms of office of one year and shall have full voting rights. Each authority shall determine how many commissioners shall constitute a quorum of such authority. In the event any person serving as a resident commissioner ceases to be a recipient of direct assistance from the public housing authority within such county, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment of the governing body of such county.
    3. In any county with a population of 800,000 or more according to the United States decennial census of 2000 or any future such census in which the governing body has adopted a resolution as provided in Code Section 8-3-5, the governing body shall, in addition to the other commissioners authorized under paragraph (1) of this subsection:
      1. Appoint two commissioners to be known as "resident commissioners" who shall be residents of a housing project located within the unincorporated areas of such county. The tenants of each housing project located within the unincorporated areas of the county shall, upon request of the governing body of the county, be entitled to nominate one resident of such housing project for the appointment as resident commissioner, and the governing body shall appoint two of such nominees as resident commissioners. Such resident commissioners shall be appointed for terms of office of one year and shall be voting members. In the event any person serving as resident commissioner ceases to be a resident of a housing project located within the unincorporated area of such county, then such person shall cease to be a resident commissioner and a vacancy shall result. Vacancies in the office of resident commissioner shall be filled for the unexpired term by appointment by the governing body of such county; and
      2. Appoint an additional two members who shall be subject to the provisions of this Code section in the same manner as the five commissioners otherwise provided for in paragraph (1) of this subsection. Each commissioner provided for in this subparagraph shall be appointed for a term of office of five years and until the appointment and qualification of his or her successor, except that the initial appointment of one of the positions created by this subparagraph shall be for a term of office of four years and until the appointment and qualification of his or her successor.
  3. Except as provided otherwise in this Code section, the commissioners who are first appointed shall be designated to serve for terms of office of one, two, three, four, and five years, respectively, from the date of their appointment; but thereafter commissioners shall be appointed for a term of office of five years, except that all vacancies shall be filled for the unexpired term.
  4. No commissioner of an authority may be an officer or employee of the city or county for which the authority is created.
  5. A commissioner shall hold office until his or her successor has been appointed and has qualified.
  6. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.
  7. A commissioner shall receive no compensation for his or her services; but he or she shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties.

(Ga. L. 1937, p. 210, § 5; Ga. L. 1939, p. 112, § 3; Ga. L. 1939, p. 126, § 1; Ga. L. 1943, p. 146, § 7; Ga. L. 1951, p. 127, § 1; Ga. L. 1951, p. 612, § 1; Ga. L. 1959, p. 141, § 1; Ga. L. 1962, p. 734, § 1; Ga. L. 1971, p. 414, § 1; Ga. L. 1972, p. 3908, § 1; Ga. L. 1982, p. 507, §§ 1, 2; Ga. L. 1982, p. 1087, §§ 1, 2; Ga. L. 1982, p. 2107, § 2; Ga. L. 1983, p. 3, § 6; Ga. L. 1989, p. 1241, § 1; Ga. L. 1991, p. 390, § 1; Ga. L. 1992, p. 6, § 8; Ga. L. 1992, p. 2059, § 1; Ga. L. 1992, p. 2408, § 1; Ga. L. 1994, p. 237, § 2; Ga. L. 1999, p. 737, § 1; Ga. L. 2002, p. 1473, § 1; Ga. L. 2004, p. 631, § 8; Ga. L. 2020, p. 493, § 8/SB 429.)

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, deleted paragraph (a)(4) which was formerly designated as reserved.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1999, "paragraph (3)" was substituted for "subparagraph (b)(3)" in paragraph (b)(2).

Editor's notes.

- The provisions of paragraphs (2) and (3) of subsection (b) as added by the 1983 amendment were originally enacted in substantially the same form by Ga. L. 1982, p. 504, § 1, effective May 1, 1982. However, that 1982 Act did not amend the Code.

Law reviews.

- For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).

JUDICIAL DECISIONS

Mayor's authority under

§ 8-3-50(a)(1). - Mayor properly exercised the power of appointment granted under the plain language of O.C.G.A. § 8-3-50(a)(1), and the trial court properly held that the city council was not required to approve the mayor's appointments to the housing authority's board. Hous. Auth. v. Ellis, 288 Ga. App. 834, 655 S.E.2d 621 (2007).

Cited in Culbreth v. Southwest Ga. Regional Hous. Auth., 199 Ga. 183, 33 S.E.2d 684 (1945); Varnadoe v. Housing Auth., 221 Ga. 467, 145 S.E.2d 493 (1965); Paige v. Gray, 437 F. Supp. 137 (M.D. Ga. 1977); Doe v. Sears, 245 Ga. 83, 263 S.E.2d 119 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Service by mayor on county or city board.

- There is nothing in Ga. L. 1951, p. 612 prohibiting the mayor of a city from remaining as a member or chair person of the board of commissioners of the housing authority of a county; the mayor would be ineligible, however, to serve as a member or chair person of a city housing authority. 1958-59 Op. Att'y Gen. p. 40.


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