HA Resolution 2009-001 HA Bylaws & Rules of ProcedureRESOLUTION NO. HA 2009 - 001
A RESOLUTION OF THE LA QUINTA HOUSING
AUTHORITY ADOPTING BYLAWS AND RULES OF
PROCEDURE
WHEREAS, the City Council of the City of La Quinta ("City" or "City
Council," as applicable) has established the La Quinta Housing Authority (the
"Housing Authority") to function in the City of La Quinta in accordance with the
California Housing Authorities Law (Health and Safety Code Section 34200 et
seq.); and
WHEREAS, pursuant to Section 3431 1(e) of the California Health and Safety
Code, the Housing Authority may adopt bylaws and regulations to carry into effect
the powers and purposes of the Housing Authority; and
WHEREAS, the Housing Authority desires to adopt bylaws and regulations
for the general operation of the Housing Authority, including but not limited to the
designation of officers, conduct of meetings, and approval of contracts.
NOW, THEREFORE, the Governing Board of the La Quinta Housing Authority
does hereby resolve as follows:
SECTION 1. The Bylaws and Rules of Procedure of the La Quinta Housing
Authority, a copy of which is attached hereto and incorporated herein as Exhibit
"A", are hereby approved.
SECTION 2. The Housing Authority Chair and Executive Director are authorized and
directed to take such actions and execute such documents as may be necessary to
implement and affect this Resolution and the Bylaws on behalf of the Housing
Authority.
SECTION 3. The Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the Governing
Board of the La Quinta Housing Authority held this 61" day of October, 2009.
AYES: Board Members Adolph, Franklin, Henderson, Sniff, Chairperson Evans
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. HA 2009-001
Adoption of Housing Authority Bylaws
Adopted: October 6, 2009
Page 2
LINDh EVANS, Chairperson
La Quinta Housing Authority
ATTEST:
1 VERONICA J. ONTECINO, Secretary
La-Quinta Housing Authority
(SEAL)
APPROVED AS TO FORM:
KATHERINE 4ENWN, General Counsel
La Quinta Hou
BYLAWS AND RULES OF PROCEDURE OF THE
INTA HOUSING AUTHORITY
ARTICLE I - THE AUTHORITY
Section 1. Name of Authority.
The official name of the City of La Quinta Housing Authority shall be the "La
Quinta Housing Authority" (herein referred to as "Authority").
Section 2. Seal of Authority.
The seal of the Authority shall be in the form of a circle and shall bear the
name of the Authority and the year of its organization.
Section 3. Office of Authority and Place of Meeting.
The office and regular place of meeting of the Authority shall be at the La
Quinta City Hall, 78-495 Calle Tampico, La Quinta, California. The Authority may
hold its meetings at such other locations as the Authority may from time to time
designate by resolution, in the order of adjournment, or notice of call of any special
meeting.
Section 4. Powers.
The Authority shall be vested with all the rights, powers, duties, privileges,
and immunities established by the California Housing Authorities Law (Health and
Safety Code Sections 34200, et sec.) (the "Housing Authorities Law") which
powers shall be vested in the board members thereof then in office, who reserve
unto themselves the right to delegate such powers as are appropriate and
permissible by law.
Section 5. Board Members.
Notwithstanding that the Housing Authorities Law describes the members of
the Authority as "commissioners," to avoid confusing the members of the
Authority with the members of the La Quinta Housing Commission, the members of
the Authority shall be referred to as "board members." Nothing in these Bylaws
and Rules of Procedure or in any other document of the Housing Authority shall be
intended to bestow greater authority on the members of the Authority than is
otherwise permitted or required by the Housing Authorities Law. The board
members of the Authority shall be the members of the La Quinta City Council.
ARTICLE II - OFFICERS
Section 1. Officers and Officials.
The officers of the Authority shall be a Chairperson and a Vice -Chairperson.
Other officials acting as its staff shall be an Executive Director, a Finance Officer, a
General Counsel, a Secretary, an Assistant Executive Director, and such other
officials as the board members of the Authority may determine. Subject to the
provisions of these Bylaws and Rules of Procedure, the selection, duties, and
compensation of such officials shall be set by the board members.
Section 2. Chairperson.
The Mayor of the City of La Quinta shall select the first Chairperson from the
board members. Successive Chairpersons and the Vice -Chairperson shall be
selected by the board members from among the board members at the first
meeting held after December 30, or as soon thereafter as possible. The Mayor
may not be selected as the Chairperson.
The Chairperson of the Authority shall preside at all meetings of the
Authority. At each meeting, the Chairperson shall submit such recommendations
and information as he or she may consider proper concerning the business, affairs,
and policies of the Authority.
Section 3. Vice -Chairperson.
The Vice -Chairperson shall perform the duties of the Chairperson in the
absence or incapacity of the Chairperson. In case of the resignation or death of the
Chairperson, the Vice -Chairperson shall perform such duties as are imposed on the
Chairperson until such time as a new Chairperson takes office. In the absence of
the Chairperson and Vice -Chairperson, the board members shall elect a board
member present as temporary Chairperson for the purpose of conducting meetings
and performing the duties of the Chairperson.
Section 4. Executive Director.
The Executive Director shall be the person acting as the City Manager of the
City of La Quinta. The Executive Director shall have general supervision over
administration of the Authority business and its affairs, subject to the direction of
the board members.
Section 5. Finance Officer.
The Finance Officer shall be the person acting as the Finance
Director/Treasurer of the City of La Quinta. The Finance Officer shall have the care
and custody of all funds of the Authority and shall deposit the same in the name of
the Authority in such bank or banks as the Authority may select. The Finance
Officer shall sign all checks, drafts, or orders for the payment of money, notes, or
other indebtedness and shall pay out and disburse such monies under the direction
of the Authority. The Finance Officer shall keep regular books of account, showing
receipts and expenditures and shall render to the Authority at each regular meeting,
or more often when requested, an account of transactions and also the financial
conditions of the Authority.
Section 6. General Counsel.
The General Counsel shall be the person acting as the City Attorney of the
City of La Quinta. The General Counsel shall be the chief legal officer of the
Authority and shall be responsible for the preparation of all proposed resolutions,
laws, rules, contracts, bonds, and all other legal papers for the Authority. The
General Counsel shall give his or her advice or opinion in writing to the Chairperson
or other Authority officers and officials whenever required to do so. The General
Counsel shall attend to all suits and other matters to which the Authority is a party
or in which the Authority may be legally interested and do such other things
pertaining to the office as the Authority may require.
Section 7. Secretary.
The Secretary shall be the Executive Director who may delegate any or all of
such duties to the person acting as the City Clerk of the City of La Quinta. The
Secretary shall keep the records of the Authority, shall act as secretary at meetings
of the Authority, shall record all votes, keep a record of the proceedings of the
Authority in a journal of proceedings to be kept for such purpose and shall perform
all duties incident to the office. The Secretary shall maintain a record of all official
proceedings of the Authority and its programs. In the absence of the Secretary, the
Executive Director shall appoint a member of the staff to act as Secretary.
Section 8. Assistant Executive Director.
The Assistant Executive Director shall be the person acting as the Assistant
City Manager - Development Services of the City of La Quinta. The Assistant
Executive Director shall act on behalf of the Executive Director, in the Executive
Director's absence, and shall perform all other duties directed by the Executive
Director.
Section 9. Additional Duties.
The officers and officials of the Authority shall perform such other duties and
functions as may from time to time be required by the Authority or by these
Bylaws and Rules of Procedure.
Section 10. Vacancies.
Where an office of the Authority becomes vacant and these Bylaws and
Rules of Procedure specify that the person serving in that office is the person
holding a designated position with the City, the office shall remain vacant until a
person is appointed to the City position, unless the board members make a
temporary appointment until such position is filled. In all other cases, when an
office becomes vacant, the board members shall appoint a successor within a
reasonable period of time or by resolution determine that such position shall remain
vacant for a definite or indefinite period of time. No board member of the Authority
shall be eligible for any office of the Authority other than Chairman and Vice -
Chairman.
Section 11. Compensation.
No board member of the Authority shall be regularly employed by the
Authority during his tenure of office. The board members shall receive such per
diem compensation as the Authority shall determine, but said compensation shall
not exceed $50.00 per board member for each meeting of the Authority attended
by the board member. No board member shall receive compensation for attending
more than four meetings of the Authority during any calendar month. In addition,
board members shall receive their actual and necessary expenses, including
traveling expenses incurred in the discharge of their duties.
Section 12. Additional Personnel, Agents and Consultants.
The Authority may from time to time appoint or employ such personnel,
agents and consultants as it deems necessary to exercise its powers, duties, and
functions as prescribed by the California Housing Authorities Law, as amended, and
all other laws of the State of California applicable thereto. The Authority may utilize
the services of City and/or Redevelopment Agency employees as authorized by the
City and/or Redevelopment Agency. In addition, the Authority may retain such
agents and consultants, permanent and temporary, as it may require. The selection,
duties, and compensation of such personnel, agents, and consultants shall be
determined by the Authority subject to the laws of the State of California.
Section 13. Political Activities
(A) Board members shall not use, or attempt to use, their position, office
or authority to influence, aid or obstruct any Authority employee from securing any
position, nomination, confirmation or promotion, or change in compensation or
position in the Authority upon consideration or condition that the vote or political
influence or action of such person or another shall be given or used in behalf of, or
withheld from, any candidate, officer, or party, or upon any other corrupt condition
or consideration. This prohibition shall apply to urging or discouraging the
individual employee's action.
(B) A board member or candidate shall not, directly or indirectly, solicit
political funds or contributions, knowingly, from other officers or employees of the
Authority with the knowledge that the person from whom the contribution is
solicited is an officer or employee of the Authority. This section shall not prohibit
the board member from requesting political contributions from officers or
employees of the Authority if the solicitation is part of a solicitation made to a
significant segment of the public which may include officers of employees of the
Authority.
(C) No board member or candidate shall engage in political activity during
working hours in City offices or work areas where such activity would disrupt the
workplace. For purposes of this section, City offices or work areas includes the
areas behind the public counters, but excludes the Council Chambers and board
member offices.
ARTICLE III - MEETINGS
Section 1. Regular Meetings.
Regular meetings of the Authority shall be held on the third Tuesday of each
month at the time designated in La Quinta City Council Resolution No. 2006-102,
as it currently exists or as it is amended in the future, in the Council Chambers at
City Hall, La Quinta, California, or at such other locations as the Authority may
from time to time designate by resolution, in the order of adjournment, or in the
notice of call of any special meeting. In the event a day of meeting shall be a legal
holiday, said meeting shall be held on the next business day.
Section 2. Special Meetings.
The Chairman of the Authority may, when he or she deems it expedient, and
shall, upon the written request of two board members of the Authority, call a
special meeting of the Authority for the purpose of transacting the business
designated in the call. The means and method for calling such special meeting shall
be as set forth in the Ralph M. Brown Act, California Government Code Section
54950 et seq., as it now exists or may hereafter be amended (the "Brown Act").
At such special meeting, no business shall be considered other than as designated
in the call.
Section 3. Adjourned Meetings.
The board members may adjourn any meeting to a time and place specified
in the order of adjournment. When an order of adjournment of any meeting fails to
state an hour at which the adjourned meeting is to be held, it shall be held at the
hour specified for regular meetings. In adjourning any meeting, there shall be
compliance with all procedures of the Brown Act.
Section 4. Quorum.
Three board members of the Authority shall constitute a quorum for the
purpose of conducting its business and exercising its powers and for all other
purposes, but a smaller number may adjourn from time to time until a quorum is
obtained. Every official act of the Authority shall be adopted by a majority vote. A
"majority vote" shall mean a majority of all board members present when a quorum
is present.
Section 5. Order of Business.
(a) Agenda. The order of business of each meeting shall be as
contained in the Agenda prepared by the Authority Secretary. The Agenda shall
be a listing by topic of the subjects which shall be taken up for consideration in
the following order:
(i) Call to Order
(ii) Pledge of Allegiance; Roll Call
(iii) Public Comment
(iv) Closed Session
(v) Public Comment
NO Confirmation of Agenda
(vii) Approval of Minutes
(viii) Presentations
(ix) Written Communications; Consent Calendar
(x) Business Session
(xi) Study Session
(xii) Reports and Informational Items
(xiii) Chairperson and board members' items
(xiv) Public Comment
(xv) Adjournment
Except with the majority consent of the Authority, items may not be taken
out of order.
All resolutions shall be in writing and designated by number, reference to
which shall be inscribed in the minutes and an approved copy of each resolution
filed in the official book of resolutions of the Authority.
(b) Delivery of Agenda: Barring insurmountable difficulties, the
Agenda shall ordinarily be delivered to the board members each Friday preceding
the Tuesday meeting to which it pertains.
The Agenda shall also be available to the general public at the time it is
delivered to the board members.
(c) Roll Call: Before proceeding with the business of the
Authority, the Authority Secretary shall call the roll of the board members and the
names of those present shall be entered in the minutes. The order of roll call shall
be alphabetical with the Chairperson called last.
(d) Approval of Minutes: Unless requested by a majority of the
Authority, minutes of the previous meeting may be approved without public
reading if the Secretary has previously furnished each board member with a copy
thereof.
(e) Public Comment: Pursuant to Government Code 54954.3,
each agenda for a regular meeting shall provide an item entitled "Public
Comment." The purpose of such item shall be to provide an opportunity for
members of the public to directly address the Authority on items of interest to the
public that are within the subject matter jurisdiction of the Authority. In order to
assure that the intent of Government Code 54954.3 is carried out, three (3)
minutes is the amount of time allocated for each individual speaker.
Government Code 54954.2 provides that no action shall be taken on any
item not appearing on the agenda unless the action is authorized by Government
Code 54954.2 (b). On items of public comment or discussion, any matter raised by
the public which does not specifically appear on the agenda shall, upon direction of
any board member, be automatically referred to the staff or placed on the next
meeting's agenda. It is hereby determined that such requests or direction by a
board member shall not be considered action taken by the Authority on said item
raised by the public. Further, Authority discussion of the matter shall not be
considered action taken.
(f) Consent Agenda: Items of routine nature, and non-
controversial, shall be placed on the consent agenda. All items may be approved
by one blanket motion upon unanimous consent. Prior to, or following review of
the consent agenda by the Executive Director, any board member may request
that any item be withdrawn from the consent agenda for separate consideration.
However, any board member may abstain from voting on any consent agenda,
and the Secretary shall be instructed to record such abstentions in the minutes.
(g) Call to Order: The meeting of the Authority shall be called to
order by the Chairperson, or in his/her absence, by the Vice Chairperson. In the
absence of both the Chairperson and the Vice Chairperson, the meeting shall be
called to order by the board member elected as Temporary Chairperson pursuant
to Section 3 of Article II of these Bylaws and Rules of Procedure. The person
calling meetings to order shall be referred to as the "Presiding Officer."
(h) Participation of Presiding Officer: The Presiding Officer may
move, second, and debate, subject only to such limitations of debate as are
imposed on all board members, and he or she shall not be deprived of any of the
rights and privileges of a board member by reason of his or her acting as Presiding
Officer. However, the Presiding Officer is primarily responsible for the conduct of
the meeting. If he or she desires to personally engage in extended debate on
questions before the Authority, he or she should consider temporarily turning his
or her role as Presiding Officer over to another board member.
(i) Question to be Stated: The Presiding Officer shall verbally
restate each question immediately prior to calling for the vote. Following the vote
the Presiding Officer shall verbally announce whether the question carried or was
defeated. The Presiding Officer may also publicly state the effect of the vote for
the benefit of the audience before proceeding to the next item of business.
(j) Maintenance of Order: The Presiding Officer is responsible for
the maintenance of order and decorum at all times. No person is allowed to speak
who has not first been recognized by the Presiding Officer. All questions and
remarks shall be addressed to the Presiding Officer.
Section 6. Rules, Decorum and Order
(a) Points of Order: The Presiding Officer shall determine all
Points of Order subject to the right of any member to appeal to the Authority. If
any appeal is taken, the question shall be, "Shall the decision of the Presiding
Officer be sustained?" in which event a majority vote shall govern and
conclusively determine such question of order.
(b) Decorum and Order - Board members:
(i) Any board member desiring to speak shall address the
Presiding Officer and, upon recognition by the Presiding Officer, shall
confine himself or herself to the question under debate.
(ii) A board member, once recognized, shall not be
interrupted while speaking unless called to order by the Presiding
Officer; unless a Point of Order is raised by another board member; or
unless the speaker chooses to yield to questions from another board
member.
(iii) Any board member called to order while he or she is
speaking shall cease speaking immediately until the question of order
is determined. If ruled to be in order, he or she shall be permitted to
proceed. If ruled to be not in order, he or she shall remain silent or
shall alter his or her remarks so as to comply with rules of the
Authority.
(iv) Board members shall accord the utmost courtesy to each
other, to city or Authority employees, and to the public appearing
before the Authority and shall refrain at all times from rude and
derogatory remarks, reflections as to integrity, abusive comments and
statements as to motives and personalities.
(v) Any board member may move to require the Presiding
Officer to enforce the rules and the affirmative vote of a majority of
the Authority shall require him or her to so act.
NO Except where specifically authorized by Authority action
or for purely ceremonial purposes, no board member attending a City
or Authority commission or committee meeting shall make any
statement or give the appearance or indicate in any way that he or she
is representing the Authority. When making a comment at such a
meeting, the board member should make it clear that he or she is
speaking solely as an individual. Unless officially appointed to
participate on a committee, board members should make an effort not
to insert themselves into or take positions on matters which will be
decided upon by the Authority after considering the entire issue.
(c) Decorum and Order - Employees: Members of the
administrative staff and employees of the Authority shall observe the same rules
of procedure and decorum applicable to board members. The Executive Director
shall ensure that all Authority employees observe such decorum. Any staff
members, including the Executive Director, desiring to address the Authority or
members of the public shall first be recognized by the Presiding Officer. All
remarks shall be addressed to the Presiding Officer and not to any one individual
board member or member of the public.
(d) Decorum and Order - Public: Members of the public attending
Authority meetings shall observe the same rules of order and decorum applicable
to the Authority. Any person making impertinent and slanderous remarks or who
becomes boisterous while addressing the Authority or while attending the
Authority meeting shall be removed from the room if the sergeant -of -arms is so
directed by the Presiding Officer, and such person may be barred from further
audience before the Authority. Unauthorized remarks from the audience,
stamping of feet, whistles, yells and similar demonstrations shall not be permitted
by the Presiding Officer, who may direct the sergeant -of -arms to remove such
offenders from the room. Aggravated cases shall be prosecuted on appropriate
complaint signed by the Presiding Officer.
(e) Enforcement of Decorum: The head of the City's police
agency or designee shall be ex-officio sergeant -of -arms of the Authority. He shall
carry out all orders and instructions given him by the Presiding Officer for the
purpose of maintaining order and decorum in the Council Chambers. Upon
instructions from the Presiding Officer, it shall be the duty of the sergeant -of -arms
or his representative to eject any person from the Council Chambers or place him
under arrest or both.
As set forth in Government Code Section 54957.9, in the event that any
meeting is willfully interrupted by a group or groups of persons so as to render the
orderly conduct of such meeting unfeasible and order cannot be restored by the
removal of individuals who are willfully interrupting the meeting, the board
members may order the meeting room cleared and continue in session. Only
matters appearing on the agenda may be considered in such a session. Duly
accredited representatives of the press or other news media, except those
participating in the disturbance, shall be allowed to attend any session held
pursuant to this section. Nothing in this section shall prohibit the Authority from
establishing a procedure for readmitting an individual or individuals not responsible
for willfully disturbing the orderly conduct of the meeting.
(f) Personal Privilege: The right of a member to address the
Authority on a question of personal privilege shall be limited to cases in which his
integrity, character, or motives are assailed, questioned or impugned.
(g) Conflict of Interest: All board members are subject to the
provisions of California Law, such as Chapter 7, Title 9, of the California
Government Code, relative to conflicts of interest, and to conflicts of interest
codes adopted by the Authority. Any board member prevented from voting
because of a conflict of interest shall refrain from debate and voting and will be
considered absent. Such board member may choose to leave the Council Chamber
during debate and voting on the issue.
(h) Limitation of Debate: No board member normally should speak
more than once upon any one subject until every other board member choosing to
speak thereon has spoken. No member shall speak for a longer time than five
minutes each time he has the floor, without approval of a majority vote of the
Authority.
(i) Dissents and Protests: Any board member shall have the right
to express dissent from or protest to any action of the Authority and have the
reason entered in the minutes. If such dissent or protest is desired to be entered
in the minutes, this should be made clear by language such as, "I would like the
minutes to show that I am opposed to this action for the following reasons ... "
(j) Procedures In Absence of Rules: In the absence of a rule
herein to govern a point or procedure, Robert's Rules of Order, Newly Revised,
shall be used as a guide.
(k) Rulings of Presiding Officer Final Unless Overruled: In
presiding over Authority meetings, the Presiding Officer shall decide all questions
of interpretation of these rules, points of order or other questions of procedure
requiring rulings. Any such decision or ruling shall be final unless overridden or
suspended by a majority vote of the board members present and voting.
Section 7. Addressing the Authority.
(a) Manner of Addressing the Authority: Any member of the
public desiring to address the Authority shall proceed to the podium and wait to
be recognized by the Presiding Officer. After being recognized, he shall state his
name and address for the record.
All remarks and questions shall be addressed to the Presiding Officer and not
to any individual board member, staff member or other person. No person shall
enter into any discussion without being recognized by the Presiding Officer.
(b) Time Limitation: For time limitation applicable to public
comment, see Article III, Section (5).
(c) Addressing the Authority After Motion Is Made: After a
motion has been made, no member of the public shall address the Authority
without first securing permission by a majority vote of the Authority.
(d) Limitations Regarding Public Comments and Reports: The
making of oral communications to the Authority by any member of the public
during the "Public Comments" portion of the agenda shall be subject to the
following limitations:
At any time, before or after the oral communication is commenced, the
Presiding Officer may if he or she deems it preferable, direct that the
communication be made instead either to the Executive Director or other
appropriate staff member during regular business hours, or in writing for
subsequent submittal to board members.
(e) Persons Authorized to be Within Platform: No person except
Authority Officials shall be permitted behind the Authority dais without permission
or consent of the Presiding Officer.
Section 8. Motions.
(a) Processing of Motions: When a motion is made and seconded,
it shall be stated by the Presiding Officer before debate. A motion so stated shall
not be withdrawn by the mover without the consent of the person seconding it.
(b) Motions Out of Order: The Presiding Officer may at any time,
by majority consent of the board members, permit a board member to introduce a
resolution or motion out of the regular agenda order.
(c) Division of Question: If the question contains two or more
divisional propositions, the Presiding Officer may, and upon request of a board
member shall (unless appealed), divide the same.
(d) Procedure of Motions: When a motion is before the Authority,
no motion shall be entertained except the following, which shall have precedence
in the following order:
Adjourn
Fix hour of adjournment
Table
Limit or terminate discussion
Amend
Postpone
(e) Motion to Adjourn: (not debatable) A motion to adjourn shall
be in order at any time, except as follows:
When repeated without intervening business or discussion.
When made as an interruption of a board member while speaking.
When discussion has been ended, and vote on a motion is pending,
and
While a vote is being taken.
(f) Motion to Fix Hour of Adjournment: Such a motion shall be to
set a definite time at which to adjourn and shall be debatable and shall be
amendable by unanimous vote.
(g) Motion to Table: A motion to table shall be used to
temporarily by-pass the subject. A motion to table shall be undebatable and shall
preclude all amendments or debate of the subject under consideration. If the
motion shall prevail, the matter may be "taken from the table" at any time prior to
the end of the next regular meeting.
(h) Motion to Limit or Terminate Discussion: Such a motion shall
be used to limit or close debate on, or further amendment to, the main motion and
shall be undebatable. If the motion fails, debate shall be reopened; if the motion
passes, a vote shall be taken on the main motion.
(i) Motion to Amend: A motion to amend shall be discussed only
as to the amendment. A motion to amend an amendment is possible but no
additional motions to further amendments may be made. Any amendment shall
relate to the original motion and not introduce a different matter. Amendments
shall be voted first, then the main motion as amended. Alternatively, the original
maker of the main motion may agree to revise the original motion and if the
second agrees to second the revised motion, the Authority may vote on the main
motion as revised.
Section 9. Voting. Procedure
(a) Voting Procedure: In acting upon every motion, the vote shall
be taken by electronic voting. In the event the electronic voting machine is not
functioning, the vote shall be taken by roll call. The vote on each motion shall
then be entered in full upon the record. The order of voting shall be alphabetical
with the Chairperson voting last. The Secretary shall call the names of all
members seated when a roll call vote is ordered or required. Members shall
respond 'aye,' 'no' or 'abstain.'
Any resolutions or orders for franchises or payments of money require three
affirmative votes. Any member may change his or her vote before the next order
of business.
(b) Failure to Vote: A board member who abstains due to reasons
of conflict shall, for purpose of the item under consideration, be considered as if
absent. A board member abstaining for reasons other than conflict shall be
counted as present for purposes of a quorum and such abstentions are counted
with the majority. A board member who leaves the dais solely to avoid
participating in a specific item shall, in absence of a conflict, be counted as if they
were present but abstaining and such abstentions are also counted with the
majority.
(c) Reconsideration: Any board member who voted with the
majority may move a reconsideration of any action at the same meeting or, within
seven (7) calendar days, request in writing to the Executive Director or Secretary
that it be agendized for consideration at the following meeting. If the seventh
calendar day falls on a holiday, then the deadline shall be the next business day.
In the event that the subject of the reconsideration is a motion that failed as the
result of a tie vote, any board member who voted against the earlier motion may
move for reconsideration within the same seven (7) calendar day period. If the
motion to reconsider passes, then the original item may be reconsidered at that
time or agendized for the next meeting which meets any applicable noticing
requirements. After a motion for reconsideration has once been acted upon, no
other motion for reconsideration thereof shall be made without unanimous consent
of the Authority.
(d) Tie Votes: Tie Votes shall be lost motions unless an additional
Motion is made which obtains a majority vote to break the tie. When all board
members are present, a tie vote on whether to grant an appeal from official action
shall be considered a denial of such appeal. If a tie vote results at a time when
less than all members of the Council are present, the matter shall automatically be
continued to the agenda of the next regular meeting of the Council, unless
otherwise ordered by the Council. Notwithstanding the above, if a tie vote results
at a time when one or more board member(s) are abstaining for reasons other than
conflict of interest then, in that instance, the abstention vote shall be counted in
favor of the motion thereby breaking the tie vote.
Section 10. Resolutions
(a) Definitions: The term "resolution" in its general sense will
denote any action taken affirmatively via a vote of the Authority. As used in this
City, however, three terms are in general use to denote such actions:
"resolution," "minute order," and "motion"(thereafter recorded by minute entry).
Technically, all three are equally as legally effective and binding; they just vary in
the formality of respective memorialization. The most formal is referred to locally
as a "resolution". This, in addition to being referenced in the minutes, will be
recorded by a separate document, numbered in sequence and preserved in a
separate set of books. Such "resolutions" are used in this City for various
reasons, such as when specifically required by law, when needed as a separate
evidentiary document to be transmitted to another governmental agency, or where
the frequency of future reference back to its contents warrants a separate
document (with the additional "whereas" explanatory material it often recites) to
facilitate such future reference and research.
A "minute order" as used locally denotes an Authority action which is
recorded simply by an item entry in the minutes of the meeting at which it was
accomplished, and no separate document is made to memorialize it. However,
sequential numbering shall be assigned to each motion to facilitate indexing.
(b) Resolutions Prepared In advance: Where a resolution has been
prepared in advance, the procedure shall be: motion, second, discussion, vote
pursuant to methods prescribed in Section 9.1, and result declared. It shall not be
necessary to read a resolution in full or by title except to identify it. Any member
may require that the resolution be read in full.
(c) Resolutions Not Prepared In Advance: Where a resolution has
not been prepared in advance, the procedure shall be to instruct the Executive
Director or the General Counsel to prepare a resolution for presentation at the next
Authority meeting.
(d) Urgency Resolutions: In matters of urgency, a resolution may
be presented verbally in motion form together with instructions for written
preparation for later execution. After the resolution has been verbally stated, the
voting procedure in 9.1 above shall be followed.
Urgency resolutions shall be avoided except when absolutely necessary; and
shall be avoided entirely when resolutions are required by law, in improvement
acts, zoning matters, or force account work on public projects. Where the
resolution has been drafted in written form, either before or during the meeting,
this paragraph shall not be deemed applicable.
ARTICLE IV - MISCELLANEOUS
Section 1. Authority to Bind Authority.
No board member, officer, official, employee, agent or consultant of the
Authority, without the majority vote of the board members, or unless otherwise
provided in these Bylaws and Rules of Procedure or by resolution of the Authority,
shall have any power or authority to bind the Authority by any contract, to pledge
its credits, or to render it liable for any purpose in any amount.
Section 2. Execution of Contracts, Deeds and Other Documents.
Except as otherwise authorized by resolution of the Authority, either the
Chairperson or the Executive Director, or in the absence of both, such person as
the Executive Director may designate in writing, shall sign all contracts, deeds and
other written instruments on behalf of the Authority when such have been
approved by the board members. The Secretary shall attest to the signature of the
Chairperson, Executive Director, or designee, as the case may be, unless
attestation is not required.
Section 3. Payment of Money, Notes or Other Indebtedness.
All checks, drafts or other orders for the payment of money, notes or other
evidence of indebtedness issued in the name of or payable to the Authority require
the signature of any two of the following persons: the Mayor, Mayor pro tem,
Authority Executive Director, and the Authority Finance Officer. The Authority
Finance Officer is also authorized to use the facsimile signature of the Authority
Executive Director in the preparation of any of the foregoing. In the event a
facsimile signature is used the signature of the Mayor, Mayor pro tem, or the
Authority Finance Officer is required.
Section 4. Purchasing.
Except as otherwise specified herein or as established by resolution of
the board members, the Authority shall comply with all ordinances, resolutions,
rules and regulations of the City in purchasing and contracting for supplies,
services, and equipment.
Section 5. Property.
. The acquisition and disposition of real property shall be governed by the
Housing Authorities Law and the rules and regulations adopted by the Authority not
inconsistent therewith.
Section 6. Personnel.
The ordinance, resolutions, rules and regulations of the City governing its
personnel shall also govern the personnel of the Authority.
Section 7. Amendments to Bylaws and Rules of Procedure.
The Bylaws and Rules of Procedure of the Authority may be amended by the
Authority at any regular or special meeting by majority vote, provided that no such
amendment shall be adopted unless at least seven days' written notice thereof has
been previously given to all board members of the Authority. Such notice shall
identify the section or sections of the Bylaws and Rules of Procedure proposed to
be amended.
a
STATEMENT OF FACTS
ROSTER OF PUBLIC AGENCIES FILING
(Government Code section 53051)
State of California
Secretary of State
Instructions:
1. Complete and mail to: Secretary of State,
P.O. Box 942877, Sacramento, CA 94277-0001 (916) 653-3984
2. A street address must be given as the official mailing address or as
the address of the presiding officer.
3. Complete addresses as required.
i.,Otd 2 2009
CHY Ut LA uUINTA
rilY kANAOEP,'S DEP'
FILED? in the offlce of the Secretary of State
of the State of California
OCT 2 32009
(Office Use Only)
4. If you need additional space, attach information on an 8%" X 11" page, one sided and legib)e.
New Filing E] Update
Legal name of Public Agency: La Quinta Housinq Authority
Nature of Update: Ns-
County: Riverside
Official Mailing Address: 78-495 Calle Tampico, P.O. Box 1504, La Quinta, CA 92247
Name and Address of each member of the governing board:
Chairman, President or other Presiding Officer (Indicate Title); Chairperson
Name: Linda Evans Address: La Quinta Housing Authority, P.O. Box 1504, La Quinta, CA 92247
Secretary or Clerk (Indicate Title): Secretary
Name: Veronica J. Montecino .- - Address: La Quinta Housing AuthoH[y, P.O. Box 1504. La QufNa, CA 92247-"
Members:
Name:
Terry Henderson
Address:
La Quinta Housing Authority, P.O. Box 1504, La Quinta, CA 92247
Name:
Thomas P. Genovese
Address:
La Quinta Housing Authority, P.O. Box 1504, La Quinta, CA 92247
Name:
John M. Falconer
Address:
La Quinta Housing Authority, P.O. Box 1504, La Quinta, CA 92247
Name:
M. Katherine Jenson
Address:
La Quinta Housing Authority, P.O. Box 1504, La Quinta, CA 92247
Name:
Douglas R. Evans
Address:
La Quinta Housing Authonty, P.O. Box 1504, La Quinta, CA 92247
RETURN ACKNOWLEDGMENT TO: (Type or Print)
NAME r Thomas P. Genovese, Executive Director
ADDRESS P.O. Box 1504
CITY/STATE/ZIP I
I La Quinta, CA 92247
ao, aoo 9
Date
Si nature
Linda Evans, Chairper:
Typed Name and Title
SECISTATE NPISF 405 (REV. 05109)
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you..
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
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4. Restricted Delivery? fExfre Fee) ❑ Yes
2. Article Number
(1kansferfmmserv/celabso 7007 1490 0004 5447 0396 1 l
Ps Form 3811, February 2004 Domestic Return Receipt
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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2. Article Number
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Ps Form 3811, February 2004
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D. Is delivery address different from Item 1? ❑ Yes
if 49 Eftlfdf.?y adSYCssQ IS2 ❑ No �
RIVERSIDE COUNTY
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3. ice Type.ZL
Certified Mail 13 Express Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
7006 0100 0001 8065 8826
Domestic Return Receipt
102595-02-th1540