Date: Tue, Feb 23, 2010 at 1:06 PM
Subject: clarification the term “office” per ORS
To: Dolly Newman <dnewman@hadcor.org>
Cc: “Christian G. Spens” <chris@drtf.org>
Dolly, Below is the ORS about housing authorities. As you can see, it uses the word “office” several times to discuss the role of the commissioner. If you have legal authority that states commissioner are not considered public officials holding office, please share that with me. Jamie 456.095 Appointment and qualification of commissioners of housing authorities. (1) When the governing body of a city or county adopts a resolution pursuant to ORS 456.085, the governing body may then elect to have the powers of a housing authority under this chapter, ORS chapter 455 and ORS 446.515 to 446.547 exercised in any of the following ways: (a) Appointing by resolution, a commission composed of five, seven or nine persons.
(b) Declaring, by resolution, that the governing body, itself, shall exercise the powers of a housing authority under this chapter, ORS chapter 455 and ORS 446.515 to 446.547. A governing body that exercises the powers of a housing authority may appoint at least one but not more than two additional commissioners for the housing authority. An appointed commissioner has the same authority as other housing authority commissioners, but may not exercise any powers of the governing body. At least one appointed commissioner must be a resident who receives direct assistance from the housing authority. The second appointed commissioner, if any, at a minimum must live within the jurisdiction of the authority. An appointed commissioner serves a term of office equal in length to the terms of office for governing body members, but not more than four years. An appointed commissioner may be removed only for cause as described in ORS 456.110 or if the commissioner ceases to meet the requirements for being an appointed commissioner. In the event that a housing authority commission consisting of the governing body of a city and one or more appointed commissioners has an even number of members, the mayor shall be included as a member of the commission for the housing authority. An act of a governing body exercising the powers of a housing authority is an act of the commission for the housing authority only and not of the governing body.
(2) When the governing bodies of two or more authorities join and cooperate with one another and create a regional authority to exercise all the powers conferred by the Housing Authorities Law, as authorized by ORS 456.140, the governing bodies of the cooperating cities and counties shall by resolution appoint a commission for the regional authority consisting of nine persons. The cooperating cities and counties shall each appoint an equal number of the nine commissioners. If nine divided by the number of joining or cooperating cities and counties produces a fraction, then the commissioners appointed by such cities and counties shall appoint one commissioner so that nine commissioners in all are appointed. The nine commissioners appointed by or on behalf of cities or counties may appoint at least one but not more than two additional commissioners for the housing authority. At least one additional commissioner must be a resident who receives direct assistance from the housing authority. The second additional commissioner, if any, at a minimum must live within the jurisdiction of the authority. The term of office for an additional commissioner is equal to the term of office for a commissioner appointed by or on behalf of cities or counties. An additional commissioner may be removed only for cause as described under ORS 456.110 or if the person ceases to meet the requirements for being an additional commissioner.
(3) A commissioner of an authority may not be an officer or employee of any city or county for which the authority is created, unless the commissioner is a member of the governing body or one of the governing bodies.
(4) Persons appointed to the commission shall include a variety of occupations. At least one commissioner, but not more than two commissioners, appointed under subsection (1)(a) of this section must be a resident who receives direct assistance from the housing authority.
(5) A governing body shall adopt a resolution for the appointment or reappointment of a commissioner. A governing body resolution is conclusive evidence that the commissioner was properly appointed. [Amended by 1969 c.630 §3; 1971 c.592 §1; 1973 c.672 §6; 1975 c.335 §1; 2001 c.547 §3; 2007 c.606 §7]
456.100 Terms and compensation of commissioners. (1) The commissioners of a five-member authority who are first appointed shall serve terms as follows:
(a) One commissioner shall be appointed for a term of one year.
(b) One commissioner shall be appointed for a term of two years.
(c) One commissioner shall be appointed for a term of three years.
(d) Two commissioners shall be appointed for terms of four years.
(2) The commissioners of a seven-member authority who are first appointed shall serve terms as follows:
(a) One commissioner shall be appointed for a term of one year.
(b) Two commissioners shall be appointed for terms of two years.
(c) Two commissioners shall be appointed for terms of three years.
(d) Two commissioners shall be appointed for terms of four years.
(3) The commissioners of a nine-member authority who are first appointed shall serve terms as follows:
(a) Two commissioners shall be appointed for terms of one year.
(b) Two commissioners shall be appointed for terms of two years.
(c) Two commissioners shall be appointed for terms of three years.
(d) Three commissioners shall be appointed for terms of four years.
(4) Thereafter, commissioners shall be appointed by resolution in the same manner as their original appointment for a term of office of four years except that all vacancies shall be filled for the unexpired term. A commissioner shall hold office until a successor has been appointed and qualified.
(5) A commissioner shall receive no compensation for services, but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of the duties of the commissioner. [Amended by 1973 c.672 §7; 2001 c.547 §4]
Date: Tue, Feb 23, 2010 at 12:22 PM
Subject: RE: Board Meeting
To: Jamie Sanchez <jamie4hadco@gmail.com>, “Christian G. Spens” <chris@drtf.org>, sgammie@gotsky.com
Cc: Mark AMBERG <mark.amberg@harrang.com>
The appointment of a Board member is not an appointment of an “office”.
Dolly Newman
Executive Director
Housing Authority of Douglas County Oregon
541-673-6548 ext. 28
541-673-8230 fax
From: Jamie Sanchez [mailto:jamie4hadco@gmail.com]
Sent: Tuesday, February 23, 2010 12:02 PM
To: Dolly Newman; Christian G. Spens; sgammie@gotsky.com
Cc: Mark AMBERG
Subject: Fwd: Board Meeting
This is from the State of Oregon’s Constitution. As you can all see, people are not considered to be public officials, elected or appointed, until they take the oath of office. Even if ORS 456 does not require it, the Oregon Constitution does; therefore, neither Shannon Gammie nor Ernie Luna is yet a HADCO Commissioner.
Jamie
ARTICLE XV
MISCELLANEOUS
Sec. 1. Officers to hold office until successors elected; exceptions; effect on defeated incumbent
2. Tenure of office; how fixed; maximum tenure
3. Oaths of office
4. Regulation of lotteries; state lottery; use of net proceeds from state lottery
4a. Use of net proceeds from state lottery for parks and recreation areas
4b. Use of net proceeds from state lottery for salmon restoration and watershed and wildlife habitat protection
4c. Audit of agency receiving certain net proceeds from state lottery
4d. Subsequent vote for reaffirmation of sections 4a, 4b and 4c and amendment to section 4
5. Property of married women not subject to debts of husband; registration of separate property
5a. Policy regarding marriage
6. Minimum area and population of counties
7. Officers not to receive fees from or represent claimants against state
8. Persons eligible to serve in legislature
9. When elective office becomes vacant
10. The Oregon Property Protection Act of 2000
11. Home Care Commission
Section 1. Officers to hold office until successors elected; exceptions; effect on defeated incumbent. (1) All officers, except members of the Legislative Assembly and incumbents who seek reelection and are defeated, shall hold their offices until their successors are elected, and qualified.
(2) If an incumbent seeks reelection and is defeated, he shall hold office only until the end of his term; and if an election contest is pending in the courts regarding that office when the term of such an incumbent ends and a successor to the office has not been elected or if elected, has not qualified because of such election contest, the person appointed to fill the vacancy thus created shall serve only until the contest and any appeal is finally determined notwithstanding any other provision of this constitution. [Constitution of 1859; Amendment proposed by H.J.R. 51, 1969, and adopted by the people Nov. 3, 1970]
Section 2. Tenure of office; how fixed; maximum tenure. When the duration of any office is not provided for by this Constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the Legislative Assembly shall not create any office, the tenure of which shall be longer than four years.
Section 3. Oaths of office. Every person elected or appointed to any office under this Constitution, shall, before entering on the duties thereof, take an oath or affirmation to support the Constitution of the United States, and of this State, and also an oath of office.–
http://www.leg.state.or.us/orcons/orcons.html
———- Forwarded message ———-
From: Jamie Sanchez <jamie4hadco@gmail.com>
Date: Tue, Feb 23, 2010 at 11:38 AM
Subject: Re: Board Meeting
To: Dolly Newman <Dnewman@hadcor.org>
Cc: cea2day@yahoo.com, “Christian G. Spens” <chris@drtf.org>, shannon.gammie@gres.com
Dolly,
Please see the bylaws. The bylaws do not allow us to move the meeting date. A special meeting can be called as there is a procedure for that in the bylaws; however, since we do not have chair, there is no one to call a special meeting. To hold a meeting in violation of our bylaws is not legal from what I understand. There is no ability for the board to even vote on this issue and a vote via email is clearly in violation of the public meetings law, however, it seems that Ms. Gammie said that she could meet on Thursday so what’s the problem with ensuring we follow the law?
Jamie
On Tue, Feb 23, 2010 at 10:44 AM, Dolly Newman <Dnewman@hadcor.org> wrote:
Hello Commissioners
I am responding to the email sent by Commissioner Sanchez regarding rescheduling of the February meeting and also attached is the County Commissioners Certificate of Appointment.
Though on February 19th, Ernie Luna turned in the documents he received on February 18th and let HADCO know that he was resigning, he did not officially notify the County Commissioners. Therefore, he remains appointed to the HADCO Board. He is not copied on this email because he does not have access to the internet.
In response to the email below. Commissioner Sanchez did not mention who the “one individual” is that changed the meeting date. To clarify – Commissioner Gammie notified me that she thought the meetings were on Fridays and had arranged her schedule to accommodate the meeting for a Friday. On February 17th I sent an email to Commissioners Chris Spens and Jamie Sanchez requesting moving the meeting to Friday, February 26. I spoke to Chris Spens on the telephone and he said he did not have a problem with holding February’s meeting on Friday, February 26th. Commissioner Sanchez sent an email stating that she preferred the meeting be held on Thursday. There was no communication with Ernie Luna since I did not know that he had rescinded his resignation. Based upon the responses Commissioner Gammie and Commissioner Spens were okay with moving the meeting one day. Commissioner Sanchez preferred Thursday and did not say she would not be available for Friday.
I would be interested in knowing what law was violated and what liability does the Board or HADCO have in moving the meeting one day.
Dolly Newman
Executive Director
Housing Authority of Douglas County Oregon
541-673-6548 ext. 28
541-673-8230 fax
From: Jamie Sanchez [mailto:jamie4hadco@gmail.com]
Sent: Monday, February 22, 2010 3:36 PM
To: Dolly Newman
Cc: Christian G. Spens; cea2day@yahoo.com
Subject: Board Meeting
Dolly,
I see that the meeting is noticed out for Friday. It needs to be changed back to Thursday as that is the legal date the board meets and I do not see anywhere in our bylaws where any one individual has the legal authority to change the meeting date. If the meeting is held on Friday, in violation of our bylaws, I believe that the meeting is not legal. Since I am sure none of us wants to violate the law, could you please contact the News Review and correct this error?
I will be responding to Betsy Cunningham’s inquiry regarding this by sending her this email as well as the series of emails we have had regarding this issue.
Jamie
Date: Tue, Feb 23, 2010 at 12:22 PM
Subject: RE: Board Meeting
To: Jamie Sanchez <jamie4hadco@gmail.com>, “Christian G. Spens” <chris@drtf.org>, sgammie@gotsky.com
Cc: Mark AMBERG <mark.amberg@harrang.com>
The appointment of a Board member is not an appointment of an “office”.
Dolly Newman
Executive Director
Housing Authority of Douglas County Oregon
541-673-6548 ext. 28
541-673-8230 fax
From: Jamie Sanchez [mailto:jamie4hadco@gmail.com]
Sent: Tuesday, February 23, 2010 12:02 PM
To: Dolly Newman; Christian G. Spens; sgammie@gotsky.com
Cc: Mark AMBERG
Subject: Fwd: Board Meeting
This is from the State of Oregon’s Constitution. As you can all see, people are not considered to be public officials, elected or appointed, until they take the oath of office. Even if ORS 456 does not require it, the Oregon Constitution does; therefore, neither Shannon Gammie nor Ernie Luna is yet a HADCO Commissioner.
Jamie
ARTICLE XV
MISCELLANEOUS
Sec. 1. Officers to hold office until successors elected; exceptions; effect on defeated incumbent
2. Tenure of office; how fixed; maximum tenure
3. Oaths of office
4. Regulation of lotteries; state lottery; use of net proceeds from state lottery
4a. Use of net proceeds from state lottery for parks and recreation areas
4b. Use of net proceeds from state lottery for salmon restoration and watershed and wildlife habitat protection
4c. Audit of agency receiving certain net proceeds from state lottery
4d. Subsequent vote for reaffirmation of sections 4a, 4b and 4c and amendment to section 4
5. Property of married women not subject to debts of husband; registration of separate property
5a. Policy regarding marriage
6. Minimum area and population of counties
7. Officers not to receive fees from or represent claimants against state
8. Persons eligible to serve in legislature
9. When elective office becomes vacant
10. The Oregon Property Protection Act of 2000
11. Home Care Commission
Section 1. Officers to hold office until successors elected; exceptions; effect on defeated incumbent. (1) All officers, except members of the Legislative Assembly and incumbents who seek reelection and are defeated, shall hold their offices until their successors are elected, and qualified.
(2) If an incumbent seeks reelection and is defeated, he shall hold office only until the end of his term; and if an election contest is pending in the courts regarding that office when the term of such an incumbent ends and a successor to the office has not been elected or if elected, has not qualified because of such election contest, the person appointed to fill the vacancy thus created shall serve only until the contest and any appeal is finally determined notwithstanding any other provision of this constitution. [Constitution of 1859; Amendment proposed by H.J.R. 51, 1969, and adopted by the people Nov. 3, 1970]
Section 2. Tenure of office; how fixed; maximum tenure. When the duration of any office is not provided for by this Constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the Legislative Assembly shall not create any office, the tenure of which shall be longer than four years.
Section 3. Oaths of office. Every person elected or appointed to any office under this Constitution, shall, before entering on the duties thereof, take an oath or affirmation to support the Constitution of the United States, and of this State, and also an oath of office.–
http://www.leg.state.or.us/orcons/orcons.html
———- Forwarded message ———-
From: Jamie Sanchez <jamie4hadco@gmail.com>
Date: Tue, Feb 23, 2010 at 11:38 AM
Subject: Re: Board Meeting
To: Dolly Newman <Dnewman@hadcor.org>
Cc: cea2day@yahoo.com, “Christian G. Spens” <chris@drtf.org>, shannon.gammie@gres.com
Dolly,
Please see the bylaws. The bylaws do not allow us to move the meeting date. A special meeting can be called as there is a procedure for that in the bylaws; however, since we do not have chair, there is no one to call a special meeting. To hold a meeting in violation of our bylaws is not legal from what I understand. There is no ability for the board to even vote on this issue and a vote via email is clearly in violation of the public meetings law, however, it seems that Ms. Gammie said that she could meet on Thursday so what’s the problem with ensuring we follow the law?
Jamie
On Tue, Feb 23, 2010 at 10:44 AM, Dolly Newman <Dnewman@hadcor.org> wrote:
Hello Commissioners
I am responding to the email sent by Commissioner Sanchez regarding rescheduling of the February meeting and also attached is the County Commissioners Certificate of Appointment.
Though on February 19th, Ernie Luna turned in the documents he received on February 18th and let HADCO know that he was resigning, he did not officially notify the County Commissioners. Therefore, he remains appointed to the HADCO Board. He is not copied on this email because he does not have access to the internet.
In response to the email below. Commissioner Sanchez did not mention who the “one individual” is that changed the meeting date. To clarify – Commissioner Gammie notified me that she thought the meetings were on Fridays and had arranged her schedule to accommodate the meeting for a Friday. On February 17th I sent an email to Commissioners Chris Spens and Jamie Sanchez requesting moving the meeting to Friday, February 26. I spoke to Chris Spens on the telephone and he said he did not have a problem with holding February’s meeting on Friday, February 26th. Commissioner Sanchez sent an email stating that she preferred the meeting be held on Thursday. There was no communication with Ernie Luna since I did not know that he had rescinded his resignation. Based upon the responses Commissioner Gammie and Commissioner Spens were okay with moving the meeting one day. Commissioner Sanchez preferred Thursday and did not say she would not be available for Friday.
I would be interested in knowing what law was violated and what liability does the Board or HADCO have in moving the meeting one day.
Dolly Newman
Executive Director
Housing Authority of Douglas County Oregon
541-673-6548 ext. 28
541-673-8230 fax
From: Jamie Sanchez [mailto:jamie4hadco@gmail.com]
Sent: Monday, February 22, 2010 3:36 PM
To: Dolly Newman
Cc: Christian G. Spens; cea2day@yahoo.com
Subject: Board Meeting
Dolly,
I see that the meeting is noticed out for Friday. It needs to be changed back to Thursday as that is the legal date the board meets and I do not see anywhere in our bylaws where any one individual has the legal authority to change the meeting date. If the meeting is held on Friday, in violation of our bylaws, I believe that the meeting is not legal. Since I am sure none of us wants to violate the law, could you please contact the News Review and correct this error?
I will be responding to Betsy Cunningham’s inquiry regarding this by sending her this email as well as the series of emails we have had regarding this issue.
Jamie
Citizens News 