commissioners obligations and requirements roles, compliance, insurance, legal issues, crisis...
TRANSCRIPT
COMMISSIONERS OBLIGATIONS AND REQUIREMENTS
ROLES, COMPLIANCE, INSURANCE, LEGAL ISSUES, CRISIS MANAGEMENT
THE CREATION
• PART OF THE CITY, COUNTY OR STATE?• FEDERAL AGENCY?• SO WHAT IS IT?
STATE LAW
• CREATED AS MUNICIPAL CORPORATION• FUNDED BY FEDERAL GOVERNMENT UNDER
CONTRACT• CHARTER/ARTICLES OF INCORPORATION• BYLAWS
OFFICIAL PUBLICATIONS
• THE ANNUAL CONTRIBUTION CONTRACT
• THE HUD ETHICS MANUAL
THE CREATION
• PART OF THE CITY, COUNTY OR STATE?• FEDERAL AGENCY?• SO WHAT IS IT?
STATE LAW
• CREATED AS MUNICIPAL CORPORATION• FUNDED BY FEDERAL GOVERNMENT UNDER
CONTRACT• CHARTER/ARTICLES OF INCORPORATION• BYLAWS
GOVERNING BODY
• BOARD OF COMMISSIONERS– APPOINTED, ELECTED?– RESIDENT COMMISSIONER– OATH OF OFFICE– TRAINING/ORIENTATION– RESPONSIBLE TO WHOM?– SIGN THE ACC IF FUNDING RECEIVED
BOARD DUTIES
• SELECT AN EXECUTIVE DIRECTOR• MAKE POLICIES• RECEIVE REPORTS• PASS RESOLUTIONS• SIGN DOCUMENTS FOR SUBMITTAL AS
REQUIRED• FOLLOW ALL OF THE RULES AND
REGULATIONS.
DETAILED LOOK
• ANNUAL CONTRIBUTIONS CONTRACT– SIGNED BY CHAIRPERSON OF THE BOARD– HOUSING AUTHORITY BOUND BY TERMS– PARTS A & B
– COVERS: MISSIONS, COVENANTS TO DEVELOP, COOPERATION AGREEMENT, USE OF MONEY
ACC OVERVIEW
• BUDGET REQUIREMENTS• CIVIL RIGHTS REQUIREMENTS• INSURANCE REQUIREMENTS• EMPLOYER REQUIREMENTS• DEFAULT PROCEDURES• WAIVERS
AND: CONFLICTS OF INTEREST
• IN ACC AND REPUBLISHED
• ETHICS MANUAL FOR PHA’S
• ADDED FORMS AND INFORMATION
OTHER RESOURCES
• STATE ETHICS LAW• ETHICS COMMISSION OPINIONS• ATTORNEY GENERAL OPINIONS• HUD WEBSITES• OTHER WEBSITES
STATE ISSUES
• LOCAL STATE LAW• PUBLIC EMPLOYEE?• NATURE OF HOUSING AUTHORITY: STATE,
LOCAL, COUNTY, MUNICIPAL, FEDERAL AGENCY?
• LOOK TO ORGANIZATION STATUTES AND DOCUMENTS
STAFF AND/OR COMMISSIONERS
• WHO IS AN “OFFICIAL”• WHERE DOES FUNDING COME FROM?• CASE LAW• ATTORNEY GENERAL OPINIONS• DO WE WANT TO ASK FOR ONE?
WHAT CONTROLS?
• FEDERAL LAW• REGULATIONS• STATE LAW• HANDBOOKS• CONTRACTS• ATTORNEY GENERAL OPINIONS
THE ISSUE DEFINED
• FOLLOW THE MONEY– PROCUREMENT– OWNERSHIP– APPEARANCE OF IMPROPRIETY– CONTRACTS TO FRIENDS– “WE CAN ALL EAT STEAKS INSTEAD OF
HAMBURGERS”
PUBLIC PERCEPTION
• FUNDING CRISIS: PERKS, TRAVEL, FOOD• EMPLOYEE ACTIONS: TALKING• RUMORS: RESIDENTS COMPLAIN• COMPLAINTS TO MEDIA
OFFICIAL INQUIRIES
• HUD• ANONYMOUS COMPLAINTS• STATE/LOCAL GOVERNMENT INQUIRIES
THE RULES
• PUBLIC HOUSING– APPLIES TO PRESENT OR FORMER MEMBERS OF
PHA GOVERNING BODY– ANY EMPLOYEE WHO FORMULATES POLICY– NEPOTISM– DISCLOSURE– WAIVERS
EXAMPLES
• CONTRACTS– FAMILY MEMBER AND BOARD/STAFF– FORMER MEMBERS– RUNNING FOR OFFICE– BOARD MEMBERS TEMPORARILY BEING
EMPLOYEE OF PHA– INCLUDES GRANTS
MORE EXAMPLES
• CONTROLLING EXPENDITURES– DESIGNATED BANK, BANKER, FUNDS– DESIGNATED PROGRAMS– HIRING COMMISSIONER SPOUSE AT PHA
SECTION 8
• INTEREST IN A HAP CONTRACT• FAMILY MEMBERS OWNING• DISCLOSURE• WAIVERS• TO VOTE OR NOT TO VOTE?– MINUTES SHOULD REFLECT
HATCH ACT
• BIPARTISAN RACES• EMPLOYEES OF PHA• STATE AND LOCAL EMPLOYEES
OTHER CONSIDERATIONS
• INSURANCE REQUIREMENTS• DIRECTORS AND OFFICERS LIABILITY
INSURANCE
WAIVER FORMS
• INCLUDED IN WAIVER• GET WAIVER FIRST• IN WRITING: SEE DEFINITIONS• LOCAL, REGIONAL, NATIONAL?
LEGAL/LAWSUITS
• HUD legal notification policy• Selecting attorney• Insurance issues• Settlement• Filing Suit• Attorney on retainer ????• Who is represented?
LITIGATION GUIDE
• NOTICE TO HUD• THREATENED OR ACTUAL• ATTORNEY CHOICE• SETTLING CASES?• APPEALING CASES?
WHEN A PROBLEM DEVELOPS
• NOTIFY ALL IN THE CHAIN• GET ADVICE OF ATTORNEY• NOTIFY HUD?• DEALING WITH THE MEDIA• FIXING THE PROBLEM
AVOIDING PROBLEMS
• DON’T BE GREEDY• FOLLOW ADVICE OF DIRECTOR• SEEK LEGAL HELP• SEEK ASSISTANCE FROM ATTORNEY GENERAL
FOR STATE ISSUES• SEEK ADVICE OF HUD FOR FEDERAL ISSUES• DON’T BE AN EXAMPLE
AUDITS
• INSIST ON GOOD AUDIT• DEVELOP FINANCE/AUDIT COMMITTEE• REPORT ANY POSSIBLE PROBLEM• IF FOUND – REPORT IT, DON’T BE CAUGHT
A CASE
• CHAIRMAN OF BOARD DOES NOT LIKE THE DIRECTOR
• GOES DOOR TO DOOR ASKING RESIDENTS ABOUT THE DIRECTOR
• TERMINATES DIRECTOR• NAMES SPOUSE AS NEW DIRECTOR
AND ONE MORE
• DIRECTOR FINDS PROBLEM WITH HUD REQUIRED REPORT – INFORMATION WAS FALSE WHEN SENT TO HUD
• REPORTS THAT TO THE BOARD AND HUD• DIRECTOR FINDS PROBLEM WITH SPENDING
AND SPECIAL ACCOUNT• COMMISSIONER THREATENS DIRECTOR
PLANNING
• FIVE YEAR PLAN• ANNUAL PLAN• BUDGET• AUDITS• BOARD RETREATS• STAFF LEADS
BOARD ACTIONS
• PASS POLICIES• HIRE EXECUTIVE DIRECTOR• PERFORMANCE REVIEWS• RECEIVES REPORTS
DIRECTOR AND THE BOARD
• HIRED BY THE BOARD• HELPS THE BOARD DO THEIR JOB• DAY TO DAY MANAGEMENT– DIRECTOR• IMPLEMENTS POLICIES• REPRESENTS THE ORGANIZATION• HIRES, DIRECTS, SUPERVISES, EVALUATES AND
DISCIPLINES ALL STAFF• PREPARES BUDGET
MORE DUTIES
• MANAGES FINANCES• PREPARES REPORTS• OVERSEES ASSETS• MAKES RECOMMENDATIONS• PLANS OPERATIONS• MAKES REPORTS• INFORMS ABOUT ORGANIZATION STATUS
AND MORE
• REPORTS ON RESULTS OF BOARD ACTIONS• KNOWS WHAT IS GOING ON IN AGENCY• HANDLES COMPLAINTS• ADMINISTERS THE PROGRAMS• MAKES REGULAR REPORTS TO THE BOARD ON
THE PHA PROGRAMS AND NEEDS• PREPARES ANNUAL REPORTS
ROLE OF THE ED
• VITAL PART OF THE BOARD TEAM• IMPORTANT REPORTING RESPONSIBILITY• DOES NOT WANT A “RUBBER STAMP”• IS THE SECRETARY/TREASURER OF THE BOARD• HAS A FIDUCIARY DUTY (LIKE BOARD)• HAS ONE BOSS – THE FULL BOARD• THE BOARD HAS ONLY ONE EXECUTIVE
DIRECTOR
THE BOARD
• NO DIRECT RESPONSIBILITY OTHER THAN THROUGH THE DIRECTOR FOR DAY TO DAY OPERATIONS
• NO “SHORT CIRCUIT” – REMIND STAFF AND RESIDENTS ABOUT CHAIN AND PROPER CHANNEL
• REFER COMPLAINTS
PROBLEMS AND CONCERNS
• PROBLEMS ARE BEST RESOLVED AT THE LOWEST LEVEL IN THE CHAIN
• CONCERNS/COMPLAINTS SHOULD BE REPORTED TO THE ED FOR RESOLUTION
• BEWARE OF BECOMING LIABILE
BOARD AND STAFF
• BE CONCERNED ABOUT STAFF• RECOGNIZE THE STAFF• MAKE PERSONNEL POLICY CHANGES AS
REQUIRED OR AS NEEDED• DON’T BECOME INVOLVED IN STAFF
PROBLEMS
MEETINGS
• ATTEND ALL MEETINGS• PREPARE FOR MEETINGS• PARTICIPATE IN DISCUSSIONS• COOPERATE WITH MEMBERS• MAKE THE MEETINGS WORK• COMPROMISE• WORK TOWARD CONSENSUS
MEETINGS, CON’T.
• BEGIN ON TIME• STICK TO THE AGENDA• FOLLOW THE BYLAWS AND POLICIES• ASK FOR INFORMATION BEFORE THE
MEETING WHEN POSSIBLE• DON’T USE MEETINGS AS SOAPBOX• DON’T BE SINGLE MINDED• DECISION OF THE BOARD IS THE DECISION
ED EVALUATION
• USE AS POSITIVE EFFORT TO COMMUNICATE WITH DIRECTOR
• DON’T USE TO DOCUMENT ERRORS• AWARD GOOD PERFORMANCE• DEMAND CORRECTION FOR POOR
PERFORMANCE
OTHER CONSIDERATIONS
• BOARD SHOULD EVALUATE ITSELF AND HOW IT OPERATES
• EVALUATE ANNUALLY• SET GOALS• GET CONTINUING EDUCATION• DO WHAT IS BEST FOR THE BOARD• DO PRESENTATIONS• WATCH THE MEDIA!!!!!
WATCH OUT !!!!
• http://www.youtube.com/watch?v=ubCehMDQ85Q&feature=youtube_gdata
• SPOKESPERSON?• EMPLOYEES?• BOARD CHAIR?
MAKING IT WORK
• KNOW MEMBERS, RULES, ED, AND PROCEDURES
• KNOW THE BOARD’S DYNAMICS• ROLE OF BOARD:– LEADER?– CRITIC?– SUPPORTER?
KEEP A NOTEBOOK
• BYLAWS• BUDGETS• MAJOR POLICIES: ACOP, ADMIN, PERSONNEL,
ETC.
WORK AS A TEAM
• THE TEAM HAS THE POWER AND AUTHORITY TO ACT
• ED IS A MEMBER OF THE BOARD TEAM• LISTEN TO OTHER MEMBERS• EXPLAIN YOUR POSITION CLEARLY• BE FRIENDS WITH OTHER MEMBERS• DON’T BE AFRAID TO AGREE OR DISAGREE
TEAM DYNAMICS
• DON’T LET DISAGREEMENT CARRY OVER TO NEXT ISSUE
• RESPECT WHAT OTHERS HAVE TO SAY• AVOID FORMING VOTING BLOCKS AND/OR
CLIQUES• ACCEPT THE FACT THAT THERE WILL BE SPLIT
VOTES• IF IN MINORITY, ACCEPT THE MAJORITY AND
LEAVE DISAGREEMENTS AT THE TABLE
GOOD PRACTICES
• BALANCE LEADING AND DELEGATING• LET ED HELP YOU DO YOUR JOB• ADOPT LONG AND SHORT RANGE PLANS• AVOID TURF BATTLES• SET PARAMETERS ON HOW THE SYSTEM
OPERATES• ASK FOR ADVANCE NOTICE OF MEETING
ITEMS
WHAT THE BOARD MONITORS
• FINANCES AND THE BOTTOM LINE• VACANCIES• MODERNIZATION PROCESS• SECTION 8 UTILIZATION• RESIDENT PROGRAMS• PROJECT BASED ISSUES• EXECUTIVE DIRECTOR
MONITORING, CON’T
• REVIEW RESIDENT SURVEY RESULTS• ANNUAL REPORTS TO HUD• AUDIT AND FINANCIAL STATEMENT
DEVELOPING POLICIES
• NEEDS IDENTIFIED• FACTS GATHERED• ISSUES DELIBERATED• OUTCOME ISSUES• POLICY WRITTEN• POLICY REVIEWED, NOTICE TO RESIDENTS
BE AN ADVOCATE
• PROMOTE THE AGENCY• GO TO CIVIC CLUBS• ATTEND NEIGHBORHOOD MEETINGS• INFORM DIRECTOR OF NEEDS• DEALING WITH THE PRESS– ED IS THE CONTACT– KNOW WHAT TO SAY AND WHAT NOT TO SAY
DELEGATE RESPONSIBILITY
• DIRECTOR IMPLEMENTS POLICY• ALLOW THE STAFF TO DO THEIR JOB• TRUST THE STAFF• DON’T BE AFRAID TO ASK QUESTIONS
AVOIDING TROUBLE
• ACTS OF THE MAJORITY ARE THE ACTS OF THE BOARD
• THE MEDIA: HOW TO WORK WITH THEM, OFFICIAL SPOKESPERSON, WHAT ABOUT BAD PRESS?
• MAINTAIN IMAGE OF THE BOARD
COMPLAINTS
• REFER ALL TO DIRECTOR• REMIND RESIDENTS AND EMPLOYEES TO
CONSULT WITH DIRECTOR• DON’T MAKE PROMISES• AVOID LOSING YOUR INSURANCE COVERAGE• NOTIFY DIRECTOR OF PUBLIC COMPLAINTS
AND ISSUES
RULES
• KNOW THE BYLAWS• FOLLOW THE BYLAWS
ACTIONS
• ON RESOLUTIONS• ON POLICIES• SIGNING REPORTS• NO DAY-TO-DAY GOVERNANCE
AVOID:
• BEING MANAGERS• POLITICS• PERSONNEL MATTERS• BECOMING TOO INVOLVED WITH EMPLOYEES
AND TENANTS
DO NOT:
AMBUSH STAFFSEND PEOPLE TO BE HIRED OR HOUSEDSEND FRIENDS FOR CONTRACTSASK FOR PERSONAL FAVORSTAKE A CHANCE ON VIOLATING ETHICSUSE OFFICE FOR POLITICAL PURPOSESSNUB HUD
REMEMBER
• ACT AS A TEAM• FOLLOW ALL RULES AND REGULATIONS• MAKE SUGGESTIONS• ASK FOR REPORTS AND INFORMATION• BE UNIFIED• STAY UP TO DATE
CONCLUSION
• GENERAL RULES– AVOID APPEARANCE OF IMPROPRIETY– FOLLOW THE RULES: ALL OF THEM– ASK BEFORE ACTING– DISCLOSE ANY POSSIBLE ISSUES– TAKE ADVICE GIVEN– WATCH WHAT YOU ARE DOING!!