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Agenda - 12-13-2022; 8k - Authorization for the Clerk to Proceed with Notification Regarding Potential Removal of an Appointee from the Orange County Housing Authority Board
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Agenda - 12-13-2022; 8k - Authorization for the Clerk to Proceed with Notification Regarding Potential Removal of an Appointee from the Orange County Housing Authority Board
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12/8/2022 2:17:24 PM
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BOCC
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12/13/2022
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Agenda
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8-k
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Agenda - 12-13-2022; Agenda for December 13, 2022 BOCC Meeting
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2 <br /> § 157-8. Removal of commissioners. <br /> The mayor may remove a commissioner for inefficiency or neglect of duty or misconduct <br /> in office,but only after the commissioner shall have been given a copy of the charges against him <br /> (which may be made by the mayor) at least 10 days prior to the hearing thereon and had an <br /> opportunity to be heard in person or by counsel. <br /> Any obligee of the authority may file with the mayor written charges that the authority is <br /> violating willfully any law of the State or any term,provision or covenant in any contract to which <br /> the authority is a party. The mayor shall give each of the commissioners a copy of such charges at <br /> least 10 days prior to the hearing thereon and an opportunity to be heard in person or by counsel <br /> and shall within 15 days after receipt of such charges remove any commissioners of the authority <br /> who shall have been found to have acquiesced in any such willful violation. <br /> A commissioner shall be deemed to have acquiesced in a willful violation by the authority <br /> of a law of this State or of any term, provision or covenant contained in a contract to which the <br /> authority is a party, if, before a hearing is held on the charges against him, he shall not have filed <br /> a written statement with the authority of his objections to,or lack of participation in,such violation. <br /> In the event of the removal of any commissioner, the mayor shall file in the office of the <br /> city clerk a record of the proceedings together with the charges made against the commissioners <br /> and the findings thereon. (1935, c. 456, s. 8.) <br /> § 157-34. Commissioners and powers of authority for a county. <br /> The commissioners of a housing authority created for a county may be appointed and <br /> removed by the board of county commissioners of the county in the same manner as the <br /> commissioners of a housing authority created for a city may be appointed and removed by the <br /> mayor; provided, that the board of county commissioners may determine in the case of any <br /> authority for its county that the board of county commissioners itself shall constitute and act ex <br /> officio as the authority. The board of county commissioners may at any time by resolution or <br /> ordinance increase or decrease the membership of an authority, within the limitations prescribed <br /> in G.S. 157-33. Except as otherwise provided herein, each housing authority created for a county <br /> and the commissioners thereof shall have the same functions,rights,powers,duties and limitations <br /> provided for housing authorities created for cities and the commissioners of such housing <br /> authorities: Provided, that for such purposes the term "mayor" or "council' as used in the housing <br /> authorities law and any amendments thereto shall be construed as meaning "board of county <br /> commissioners," the term "city clerk" as used therein shall be construed as meaning "clerk of the <br /> board of county commissioners" and the term"city" as used therein shall be construed as meaning <br /> "county" unless a different meaning clearly appears from the context: Provided, further, that a <br /> housing authority created for a county shall not be subject to the limitations provided in subdivision <br /> (4) of G.S. 157-29 of the housing authorities law with respect to housing projects for farmers of <br /> low income. (1941, c. 78, s. 4; 1969, c. 785, s. 2; 1981, c. 21, s. 2.) <br />
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