§ 489. Created; members; officers; rules.  


Latest version.
  • There is hereby created a body corporate and politic to be known as the "DeKalb County Oglethorpe housing development authority" hereinafter referred to as the "authority," which shall be deemed an instrumentality of the State of Georgia.

    The chairman [chief executive] of the board of commissioners, with the advice and consent of the board of commissioners, shall appoint the board of directors of the authority. The board shall be composed of seven (7) members, each of whom shall be a resident of the county. The membership of the board shall include, but not be limited to, a representative of the development and building industry, a representative of a county financial institution, a resident of the neighborhood surrounding the authority's area of operation, a member of the DeKalb housing authority and a member of the DeKalb County planning commission. The chairman [chief executive] of the board of commissioners or his designee shall serve as an ex officio nonvoting member of the board. The determination of the chairman [chief executive] of the board of commissioners and of the board of commissioners that appointed members of the board are representative of the specified groups named above shall be conclusive.

    Four (4) members of the board of directors of the authority shall be appointed for an initial term of two (2) years, and three (3) members of the board of directors shall be appointed for an initial term of three (3) years. Their successors shall serve for two (2) years and shall be appointed by the chairman [chief executive] of the board of commissioners as set out above. Any member of the board of directors of the authority whose term shall expire shall continue in office until his successor has been appointed and qualified. In the event of a vacancy in the office of any director caused as a result of death, resignation, incapacity, or otherwise, the chairman [chief executive] of the board of commissioners shall appoint a member to serve for the balance of the unexpired term.

    The board of directors of the authority shall annually elect a chairman and vice-chairman. The chairman of the board of directors shall be the chief executive officer of the authority. The vice-chairman of the board of directors shall perform the duties of the chairman in the event there is a vacancy in the office of the chairman or when otherwise authorized by the bylaws of the authority.

    The board of directors may employ an individual to serve as an executive director. The executive director shall be charged with the day-to-day operations of the authority, may appoint and supervise additional staff, in accordance with merit system requirements, and may be called upon to perform other duties and obligations set forth by the board of directors or by the bylaws thereof.

    For such legal services as it may require, the board of directors may call upon the county attorney or may employ its own legal counsel.

    Except for the issuance of debt which is the exclusive responsibility of the board of directors, the board may delegate to the executive director such powers or duties as it may deem appropriate.

    The board of directors shall make and adopt its own bylaws, rules, and regulations for its own government, consistent with this act [division]. A majority of the members of the board of directors then in office shall constitute a quorum for the transaction of any business and of the exercise of any power or function of the authority. No vacancy in the board of directors shall impair the right of a majority of such quorum of the board to exercise all rights and to perform all duties and powers of the authority.

    The board of directors shall receive no compensation but shall be reimbursed for expenses actually incurred in the performance of the duties of the authority in accordance with DeKalb County budgetary policies.

    No member of the board of directors or employee of the authority shall voluntarily acquire any interest, direct or indirect, in any project or any property included or planned to be included in any project, or in any contract or proposed contract in connection with any project to be undertaken by the authority. Where the acquisition is not voluntary, such member of the board of directors or employee shall immediately disclose such interest in writing to the board of directors and such disclosures shall be entered upon the minutes of the board. Upon such disclosure, such member of the board of directors or employee of the authority shall not participate in any action by the board of directors involving such project, property, or contract. If any member of the board of directors or employee of the authority previously owned or controlled an interest, direct or indirect, in any project or in any property included or planned to be included in any project or in any contract or any proposed contract in connection with any project, he shall immediately disclose such interest in writing to the board of directors and such disclosures shall be entered upon the minutes of the board. Upon such disclosure, such board member or employee of the authority shall not participate in any action of the board of directors of the authority involving such project, property, or contract. Any violation of the provisions of this section shall constitute misconduct in office. If said misconduct has been committed by a member of the board of directors, said member shall be removed by the chairman [chief executive officer] of the board of commissioners of DeKalb County but only after he shall have been given a written notice of the specific charges against him at least ten (10) days prior to a hearing thereon which shall be conducted by the board of commissioners. In the event of the removal of any member of the board of directors, a record of the proceedings, together with the specific charges and findings of fact thereon, shall be filed with the clerk of the board of commissioners.

    If said misconduct has been committed by a member of the staff of the authority, said member shall be removed by the board of directors but only after he shall have been given a written notice of the specific charges against him at least ten (10) days prior to a hearing thereon, which shall be conducted in accordance with part II, chapter 14 [present location unknown] of the Code of DeKalb County.

    The authority shall not enter into any contract with nor take any official action favorably affecting any person or business represented by such person who has been within the preceding twelve-month period a member of the board of directors or employee of the authority.

    The authority and its corporate existence shall continue until terminated by law provided, however, that no such law shall take effect so long as the authority shall have obligations outstanding, unless adequate capital or other provision has been provided for payment thereof. Upon the termination of the existence of the authority, all of its rights and properties shall pass to and be vested in DeKalb County.

(Acts 1974, p. 2591, § 4; Acts 1975, p. 3053, §§ 2, 6, 7)