Maryland Housing Authorities Section 10-102

      (a)      The Housing Authority of the City of Annapolis constitutes a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out the provisions and purposes of this article.

      (b)      (1)      The Authority has 7 Commissioners appointed by the Mayor and exercising the powers and duties set forth in this article.

            (2)      Of the seven Commissioners:

                  (i)      One shall be a tenant of a Housing Authority property; and

                  (ii)      One shall be a tenant of a Housing Authority property for seniors.

            (3)      (i)      The term of a Commissioner is 5 years.

                  (ii)      1.      The terms of Commissioners are staggered as required by the terms provided for Commissioners on July 1, 2002.

                        2.      At the end of a term, a Commissioner continues to serve until a successor is appointed and qualifies.

                        3.      A Commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

            (4)      (i)      A Commissioner may not be employed by the Authority for compensation on a permanent or temporary full-time, part-time, contractual, or other basis:

                        1.      While a Commissioner of the Authority; or

                        2.      For a period of 2 years after ceasing to be a Commissioner of the Authority.

                  (ii)      Subject to approval by the Mayor and by the United States Department of Housing and Urban Development, the prohibition contained in subparagraph (i) of this paragraph may be waived for good cause shown.

      (c)      (1)      In addition to the powers enumerated in this article, the Authority may exercise its powers as granted by this article irrespective of the fact that such activities may displace or limit economic competition.

            (2)      The powers granted to the Authority pursuant to this section shall not be construed:

                  (i)      To grant to the Authority powers in any substantive area not otherwise granted to the Authority by other public general or public local law;

                  (ii)      To restrict the Authority from exercising any power granted to the Authority by other public general or public local law or otherwise;

                  (iii)      To authorize the Authority or its officers to engage in any activity which is beyond their power under other public general law, public local law, or otherwise; or

                  (iv)      To preempt or supersede the regulatory authority of any State department or agency under any public general law.

      (d)      (1)      Except as otherwise provided in this subsection, the Authority shall publish notice of each meeting of the Authority in at least 2 newspapers of general circulation in the City of Annapolis at least 7 days before the meeting.

            (2)      The notice published under paragraph (1) of this subsection shall contain:

                  (i)      The date, time, and place of the meeting; and

                  (ii)      A summary of the subject matter to be considered at the meeting.

            (3)      If minutes of an emergency meeting are included in the minutes of the next open meeting of the Authority, the Chairman of the Authority may waive the notice required under paragraph (1) of this subsection for an emergency meeting of the Authority when that notice cannot reasonably be given.

            (4)      The Authority may add an item to the agenda for the meeting after publication of the notice if the item:

                  (i)      Is necessary to the business of the Authority; and

                  (ii)      Could not reasonably have been placed on the agenda at the time of publication of the notice.

      (e)      (1)      The Authority may meet in closed session or adjourn an open session to a closed session only to:

                  (i)      Discuss the appointment, employment, assignment, promotion, discipline, demotion, removal, or resignation of appointees, employees, or officials over whom it has jurisdiction;

                  (ii)      Consider the acquisition of real property for a public purpose and matters directly related thereto;

                  (iii)      Consult with counsel;

                  (iv)      Consult with staff, consultants, or other individuals about pending or potential litigation;

                  (v)      Comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; or

                  (vi)      Satisfy an exceptional reason that, by two-thirds vote of the Board of Commissioners who are present at the session, the Commissioners find to be so compelling that the reason overrides the general public policy in favor of open sessions.

            (2)      The Authority meeting in closed session under this section may not discuss or act on any matter not permitted under paragraph (1) of this subsection.

      (f)      (1)      Except as provided in paragraph (3) of this subsection, unless approved in advance by a majority of the Authority at an open meeting, the Authority may not:

                  (i)      Award a contract in excess of $5,000; or

                  (ii)      Expend money for:

                        1.      Official expenses for travel, hotel, and meals in excess of $350; or

                        2.      Items for personal use in excess of $350 including, but not limited to, automobiles.

            (2)      The Authority may not reimburse a Commissioner or an employee for expenses incurred prior to the approval required under paragraph (1) of this subsection.

            (3)      Notwithstanding the other provisions of this subsection, in case of emergency, the Authority or the Executive Director may award a contract in excess of $5,000 if the contract is brought before the Authority for review at its next regularly scheduled meeting.

            (4)      Any money awarded or expended in violation of this subsection may be recovered by the Authority or the City of Annapolis, as appropriate, from the person compensated, together with such costs and reasonable attorney's fees as the court may determine.

      (g)      Except for purchases specifically regulated by federal procurement requirements, all purchases by the Authority shall be subject to purchasing and procurement provisions that the Authority shall adopt conforming to the relevant provisions of the Code of the City of Annapolis, or as approved by federal authorities.

      (h)      (1)      At least 30 days before submission of the proposed annual operating budget to the United States Department of Housing and Urban Development, the Authority shall publish a brief summary of the proposed annual operating budget in at least 2 newspapers of general circulation in the City of Annapolis.

            (2)      At least 2 weeks before the submission of a proposed annual operating budget, the Authority shall hold an open meeting in order to afford the public an adequate opportunity to comment to the Executive Director of the Authority and the Board of Commissioners on the proposed annual operating budget.

            (3)      At least 5 days before the open meeting required under paragraph (2) of this subsection, the Authority shall make the proposed annual operating budget available to the public.

      (i)      (1)      Before March 1 of each year, the Authority shall submit an audit to the Mayor and City Council.

            (2)      The audit shall:

                  (i)      Be performed in accordance with the federal Single Audit Act;

                  (ii)      Adhere to generally accepted governmental auditing standards; and

                  (iii)      Be performed by an independent certified public accountant approved by the Authority and by federal authorities.

      (j)      (1)      Notwithstanding any other provision of law, in the City of Annapolis, the Commissioners, Executive Director, and any deputy directors of the Housing Authority of the City of Annapolis are local officials for the purpose of any public ethics laws enacted by the Annapolis City Council.

            (2)      The Authority shall adopt regulations requiring attorneys and consultants retained by the Authority to disclose potential conflicts of interest relating to representation of the Authority at the time of initial retention.

      (k)      Notwithstanding any other provision of law or any bylaw adopted by the Authority, the Authority may remove the Executive Director by the affirmative vote of at least five Commissioners.