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08/18/2015 MINUTESHOUSING AUTHORITY OF THE CITY OF PARIS REGULAR MEETING BOARD OF COMMISSIONERS MEETING 100 GEORGE WRIGHT HOMES MINUTES OF August 18, 2015 Present at the Meeting: Gary Savage — Vice Chairman of the Board of Commissioners Dewayne Dangerfield — Commissioner of the Board of Commissioners Brenda Cherry — Commissioner of the Board of Commissioners Cassandra Hearn — Commissioner of the Board of Commissioners Rachel Braswell - Commissioner of the Board of Commissioners Sally Ruthart — Executive Director Benny Goforth — Maintenance Supervisor Cathy Sims — Section 8 Caseworker Veronica Butler — Public Housing Caseworker Meeting Called to order at 12:35 pm on Tuesday, August 18, 2015 by Chairman of the Board of Commissioners, Gary Savage. Having all five Board Members present, a quorum, Mr. Savage thanked and welcomed everyone to the meeting. Minutes from the July 21, 2015 Minutes stood as read - with a Motion from Rachel Braswell and Seconded by Cassandra Hearn - Passed 5 -0. Director's Report was as follows: Occupancy Report —10 vacancies — 3 offered and 7 in make ready status. Make ready's have been put off due to Maintenance Staff focusing on the REAC Inspection readiness that was done on August 10. Maintenance Staff is back on make ready's now while repairing air conditioners in the process. PHA has had lots of calls for air conditioner problems. One maintenance man has had 17 hours of overtime calls on air conditioners in one week. Waiting lists — One bedroom — 43 applicants, Two bedroom — 13 applicants, Three bedroom — 5 applicants, and Four bedroom — 0 applicants = Total 61 applicants. There are 45 applicants on the Section 8 Waiting List. Per questions from Mr. Savage — PHA still needs more 2 & 3 bedroom applicants and the turnover rate could be quicker if the responses from the applicants were quicker and all would show up for briefings. Mrs. Pridemore is calling applicants as they come up on the waiting lists for offers in an effort to get them housed quicker. The Section 8 Waiting lists should last the PHA a couple more months. PHA is trying to get to 293 Section 8 Tenants and are currently at 267 with 15 still looking. Financial Report — Mrs. Ruthart reviewed checking accounts - Public Housing with $738K and Section 8 with $403K as of July 30, 2015. Per our fee accountant, PHA requested additional HUD held funds from HUD due to the fact that PHA has spent more in HAP costs than the PHA had been funded. Process was unexpectedly simple and HUD deposited and extra $25K for July & August in our Section 8 account. REAC Inspection — August 10th, 2015. Last year PHA score was 75; this year score was 76. Maintenance staff worked extremely hard on grounds and units to correct all possible problems. Inspector told Mrs. Ruthart that PHA's main problem was not the grounds or the buildings that it was the tenants' housekeeping and not reporting damages that were our main deductions. One unit got 0 points because of its housekeeping. The PHA is in the process of eviction on this tenant due to PHA's repeated attempt to get this tenant to keep her unit sanitary. Ms. Cherry asked if the PHA does monthly inspection and Mrs. Ruthart explained that the PHA does annual inspections of all units and HUD comes in once a year and does an inspection of 10% of the units (24). Mrs. Cherry asked how HUD chooses the units to be inspected. Mrs. Ruthart explained that the inspector has a computer program that chooses the units randomly through the HUD Systems program. Ms. Cherry stated her concerns about things she has seen and receives complaints about and Mrs. Ruthart explained that if they will call in to the PHA and report problems they will be fixed. Mr. Savage asked if there is a report process that proves that they reported it and it was not fixed. Mrs. Ruthart explained that she attended a meeting on the 17t' of August called "Ask the Director ". This was a request of Kelly Crawford, Social Service Coordinator. Only 10 tenants showed up at the meeting, but received a lot of information from them. Ms. Cherry explained that she knows that in the past tenants have not complained or reported things because they feared retaliation. She said she hoped that things change and Mrs. Ruthart assured Ms. Cherry that the PHA goal is to change a lot of things. Mr. Savage said he thought it would be good if the tenant and PHA had a system of documentation of items reported to make sure they were fixed. Mrs. Ruthart assured Mr. Savage and the Board of Commissioners that she was willing to do everything in her power to change this and that she told all tenants at the "Ask the Director" Meeting to please call her at Extension 26 if things like this happened. Copies of the 3 EHS Findings were given to the Board and explained that these were fixed as soon as they were found and reported to the REAC inspection as required. Ms. Hearn stated that the smoke alarms being inoperable is a safety hazard and asked if it because of tenants. Mrs. Ruthart explained that both were not the tenant's faults the smoke alarms were inoperable due to faulty wiring or bad battery and the tenant not aware that they were not working. Ms. Cherry discussed the inspections for Section 8 Tenants. She said that she knew of a house that was inspected with no working fire detector and said that the house ended up catching on fire due to a faulty wired ceiling fan. She also stated that the Fire Marshall lied and said that the smoke detector was faulty. Mrs. Ruthart explained that the inspector would not have passed a unit without a working smoke detector. She said there was one but it was not hooked up. Mrs. Ruthart explained that the tenant should not have signed the inspection if something was wrong. Ms. Cherry stated people desperate for housing will sign anything to get into a house and that the PHA just needs to make sure the inspections are done correctly. Mr. Savage asked if that happens does it hold up the tenant from getting to move in. Mrs. Ruthart explained that in a case like that, the inspector gives the landlord only 24 hours to fix safety & health issues. Board of Commissioner's Training - Mary Ann Russ, Dallas HA ED, has offered to do Training to all Board Members. The Board of Commissioners agreed on August 28, 2015 from 8 am to 2 pm. Mrs. Ruthart told the Board that she would get in touch with Ms. Russ and try to get it set up. 2 Resolution 2015 -003 Exterior Paint Contract for Jackson Court (25) units — ABC Home Improvements - Motion to accept made by Dewayne Dangerfield and seconded by Rachel Braswell which passed 5 -0. Mr. Savage turned the floor over to Ms. Cherry to discuss her concerns of the promotions Approved in the November 2014 Board Meeting: Ms. Cherry: This is nothing against you (to Mrs. Ruthart). I just think that the Board should be following the Open Meetings Act. According to the training video that I watched, we have to for people like administrators and executive directors; let everyone know there is an opening. And, also in the Open Meetings Handbook 2014 those positions are of great public interest and there is no reason that I know of that one would not announce an opening where the public has an opportunity. Denny Head was hired as Executive Director there were 8 applicants and that's how a government office should be run. It wasn't like they were passing the job on. I don't understand why it wouldn't be posted and that is the way a government office is run. I don't think the board is following the Open Meetings Act. The PHA has to have transparency and the public has the right to know what's going on and there is no reason not to. Because you end up having nepotism if you pass a job on to your son or your friend or whatever if you don't allow the public to fill out applications and you choose who is not qualified, not that you're not qualified but I just don't understand why that was not done because obviously it was done prior when Denny Head was chosen. Am I the only one that saw that in the video? Ms. Hearn: I saw it. Mr. Savage: Exactly what was it that you saw? Ms. Cherry: You know when you get on the board you have to take that full board training and its talking about any government that is subject to the Open Meetings Act and the HA is. For those type positions especially executive directors, administrators you have to announce it and make it public that the job is available so that people can apply if they are qualified and all. In this case it was like just passed on and in my opinion we have a large amount of Rutharts running the Housing Authority. No HA should become a family business. You know, that is how I see it. The position wasn't announced. People either apply or not and then you choose the person like you would at any job. Mr. Savage: Any comments? Ms. Hearn: I'm just listening to what Ms. Cherry is saying. Ms Cherry: You can see on the video that that was what it said. Mr. Savage: I didn't see that. I probably missed it. I went back and we talked and had you placed on the agenda and I was not sure what was applicable and what was not. I researched some things in regards to the Housing Authority and I looked at our by -laws and it's really vague in the by laws. All it says is basically the Housing Authority... The selection and compensation of such personnel 3 (including the secretary) shall be determined by the Authority subject to the laws of the State of Texas. And going back and looking at some of the stuff that I saw which I did print but was lost, it says that the secretary of the Housing Authority, when that job becomes vacant you can open it up in the within the county or region, depending if it's a small region, but it said larger city /county then if you didn't find anyone within the county you could open it up for people to apply. I have been through the same process in the school system. We did open up within the school system then they went to a broader range. Now, I don't know if that's something that the state of Texas actually sanctions or not, I was just researching. As far as the nepotism, I found an old paper from the Attorney General of the State of Texas and he rendered a ruling on nepotism which said that the commissioner's board could be held liable for nepotism but the director could not. I guess that's because I never hired anybody except do we do the hiring, approve the hiring, or have to sign off on the hiring? Do we choose then if we signed off on it then it's kind of like what you were saying about the tenants? If we sign off on it then we are liable and I know that in the school system, if the superintendent recommends who they want then normally you go with the recommendation but we have the right to say no at any time. I don't care if the superintendent, principal, or whoever agrees to hire this particular person, we have the right to say no as a board. This board is different than a school system or a county or city council they actually represent a people in a certain region. We don't. We are just over this commission. The board, over this commission, we don't represent certain people or a section of people like they do in the city and different rules apply to this. And, another thing on this board, there is a line that board members can not cross. I've seen people on the board at Chisum ISD they would micro manage the superintendent. They were there every day micro managing the superintendent but it says it in black and white as far as a Housing Authority board and Housing Authority director, we hire the director and basically trust that the director makes the right decisions and we are here not to micro manage. Like tenant complaints, we can't come up as a normal citizen and complain or talk to the board. That's really out of the scope of our job. Now because of the board being the way that it is, we do talk about these things. Really, those things are not suppose to go on in the board meetings but because we are so informal we do. We can dig deeper; we didn't have much time to dig. Ms. Cherry: Let me say this, I disagree with the statement that we just have to trust everything that the director does. Mr. Savage I didn't mean trust everything that's not exactly what I was saying. Business that goes on at the Housing Authority, the director runs that. The board doesn't. That's all I was saying. Ms. Cherry: I understand that; but, if the open meetings act didn't apply to us we wouldn't need to train. You know I'm not just, I've talked to people too. You have to have transparency, you have to announce 4 them. I'm not going to just sit and rubberstamp the thing. I'm not doing it. If I feel something is wrong then I'm going to talk about it. Now if I'm wrong for doing that then I'll just have to get kicked off the board. But there's, I do not believe that we are just suppose to sit and trust, not that I don't trust you, but I don't believe that that's what we are suppose to do. Mr. Savage: That's not what I meant. Ms. Cherry: You have to have oversight. You have to look at what's going on, because then why even bother having the board. Mr. Savage: That was not what I was saying. You do have the right to come and put something on the agenda. What I'm saying is there is a fine line between micro management and not that you are doing that now, we are just discussing the director's position and there is a fine line between micro management and the one that we are supposed to do. That's why I asked for the training, that's why I asked for this to be put on here so we will know exactly what we are supposed to do and that's why I want it so soon. Ms. Cherry: It's up to us to vote on the executive director, correct? Mr. Savage: Yes. Ms Cherry: Why in the world, how is that micro managing. Mr. Savage: I didn't say that was micro managing. No, that's not what I'm saying. Ms. Cherry: Well, that's what it sounds like. Mr. Savage: I'm sorry I may have misspoken or said it in that way, but that's not what I meant. We have to vote on the executive director. Mr. Dangerfield: And we had a full quorum before you come in and she come in. We had a deal and everybody voted. Ms. Cherry: I understand that. Ms. Cherry: Problem is that it didn't go out broad. The thing about it is that that type job has to be announced and it wasn't. Mr. Savage: It looks like, I don't know the complete answer on that, but that none of us sitting here really knows because these bylaws are so vague on that. Do you think we need to table this and come up with, because I know what you're saying but what your saying does that apply to the Housing Authority board? We don't' know. What I'm saying, does it apply, I don't know. We need to get a conclusive answer. I can't say that we hired her right but you can't say that we hired her wrong. You can say it and I can say what I say but where is it written either way. So I still think we are at a deadlock or we are still at a position where we really don't know. So really, we need to come back with some, if we need to consult a lawyer then we can do that. But we need to come back with some conclusive evidence one way or the other. That's what I think. Somebody else might have a different opinion. Mrs. Ruthart: Everything I looked up is like the bylaws, its vague it just says that the board has to select an executive director. It doesn't say. This is what I found this morning, the roles of a PHA board of commissioners and its executive director. The Roles of the PHA Board and this is from HUD, Board of Commissioners are responsible for PHA Operations including by laws, policies and 5 procedures. Selecting qualified executive directors. Everything I read says they elect or select an executive director. It doesn't say the process of it. It's like you said it's vague. And can I address the nepotism issue. Mr. Savage: Go ahead. Mrs. Ruthart LD was hired before I was executive director. I was a Gibson when I was hired here 18 years ago. I have only been a Ruthart for 5 years. LD is not kin to me; he is my husband's cousin. According to our Personnel Policy that is not nepotism. Our Personnel Policy states "Nepotism" — Generally, two members of an immediate family will not be appointed to regular positions in the same Department. Except in extraordinary circumstances, no employees may directly or indirectly supervise or be supervised by a member of his/her immediate family. An immediate family member includes an employee's spouse, child, parent, guardian, brother, sister, father -in -law, mother -in -law, brother -in -law, sister -in -law, or any relative living in the employee's home. And, LD does not live with me. He is my husband's cousin and I was a Gibson when I started here and 5 years ago I married LD's cousin. That's just the nepotism that I found. I did not hire him. I am not kin to him. I'm not kin to Cindy Ruthart. She was also married to my husband's cousin, but she is no longer married to my husband's cousin. I'm like Gary, I have looked everything up about going out for posting, that was an option to board and I'm pretty sure he gave ya'11 an option. If you don't like this one, we can go further. Ms. Cherry: I'm talking about not the Housing Authority by laws because actually the state laws override that. That board training video is not vague it's very clear. It says it flat out. It's not vague at all; I'm not understanding. Mrs. Ruthart: What part of the video; because I'm like Gary I missed that part. Ms. Cherry: It is toward the middle of the video and I watched it twice. And that is what it said. It said that positions that are great public interest such as administrator or executive director you have to. It didn't say you have to post it up on the board; it said like you have to announce the meetings and stuff and have to be specific in what you say. You can't just say, you have to say that you are voting on a executive director. I mean, I don't understand why this board wouldn't want other people to be made known that there is a position open; because if you don't you only allow certain people to apply for the job. What kind of mess is that? I don't understand the idea because it opens the door for discrimination and whatever. So I don't understand why any board would say we don't want to let the public know even though this is a public entity what happens to the people that live out here matters and so why would you want to keep it a secret? Why? Mr. Savage: I don't believe the board was trying to keep it a secret. Ms. Cherry: Well it is a secret if it's not open. I don't know how it went on but it was not open and nobody can get a chance at a job here if you had it like that where only the people that are already here can know about job openings. I don't understand that. 6 Mr. Savage: The thing is, like Dewayne said, it was voted on and it was approved so the only other issue, the only way you can go back and reverse something like that is to find something wrong. So if we don't find anything wrong with the way it was done then we can't go back and reverse anything. So that's going to be the issue at hand. If there is something wrong, then I'm sure everybody here will agree, and then we will go back and look at it. But if we don't find anything substantial and somebody says this hiring was done wrong then we need to go to the next step. But if we don't have that then how can we even act on this. Ms. Cherry: I'm not saying act on it right now. What I'm saying is according to that training video, it wasn't done right. So what the board decides to do about it is the board. Mr. Savage: So what do you want done. Ms. Cherry: I certainly want in the future, job openings be announced to the public. Mr. Savage: Any other should be determined subject to the laws of the State of Texas. So you're saying we should go by the laws of the state of Texas that pertains to this hiring of the Housing Authority or wherever. Ms. Cherry: It was on the board training it was only regarding executive directors and administration, administrative and all that, but in my opinion any job should be made available to public you know. Mr. Savage: Are you saying going forward with this? Your saying going forward? Ms. Cherry: Well I still want to know if that was done correctly or not. Mr. Savage: Would the board, it's only a discussion so there is no action needed to be taken, but we can agree would ya'll agree to let me get with Sally to go back and dig, or anybody else can dig if you find anything, but to get with her and whoever and wherever or go to the Attorney General's office touch base with them on the hiring process and get something specific. I don't like broad stuff and we can talk about it all day. I want to find something specific that pertains to the hiring practices of the Housing Authority board. Would ya'll agree to let us find some information on that and then come back here in the September Meeting, and I don't know if it's legal but maybe we could forward it to ya'll if we find out something. Ms. Hearn: I agree to go over the training video again. Mr. Savage: I will go over it again too. Ms. Hearn: I understand what Ms. Cherry is saying that she wants it to be open to the public so that everybody has a shot at it. Mr. Dangerfield: I agree as well. But, the board thought that she was better qualified and running a whole lot of things already very well and she was trying to work with people and I know that she could have just set them out there on the street and she took the time out to work with them. So by her being herself, we the board just felt like she was qualified to be that person to take over because she was agreeable with everybody else. 7 Ms. Cherry: I understand that you like her and all that but I'm talking about doing things the way the law says it. Whether I love this person or not it should be done the way the law says it should be done. Mr. Savage: That's fair. So we will get into that and I guarantee that we will have something next month to bring back to the board or present to the board. It will be as an action item next time. I guarantee we will bring something back that is specific. Because I don't want anyone thinking that there is no transparency when we were on the prior board or we were just rubber stamping, as you said, because that didn't happen. Ms. Cherry: There has been things, me for instance. I tried to be able to come and speak before I was a board member. It shouldn't be a situation where a regular citizen can't come and say something. Is there a time where someone from the general public can come and say something? Mr. Savage: I don't think so. I don't know if a tenant can come and ask to be on the agenda or not, but I'm not sure. But I don't think anyone from the general public can. You are exactly right about any other board. If you are on a certain school board and representing a certain district like Chisum, anybody in that district can come up and be placed on that board. But someone from Paris cannot be placed on the Chisum Board. If you are on the City Council of Paris, somebody from Detroit cannot come and be placed on that board unless they have a concern right there in that city. The Secretary decides who is placed on those boards and I know you have been to a lot of meetings and you know that, but I'm sure a tenant can, we will have to look it up but I'm sure they can. I live on York Street why would I come out here to be placed unless I have some key interest. Ms. Cherry: I'm not talking about people from out of town I'm talking about me. Mr. Savage: But we don't live here. Ms. Cherry: OK come on now. I have had a lot of people come to me with complaints about the Housing Authority. Why would the Housing Authority not want to hear about complaints? What reason would that be? I was not allowed to be placed on the agenda, talk, nothing. I don't agree with that. Why would the board want that? Mr. Savage: I'll tell you why. We don't act on complaints. You might want to get a copy of whatever that was that she had showing what our role is. We don't act on complaints. That's the director and I'm sure they have a process for that. We don't act on complaints. That's why this board is different. Ms. Cherry: So what you're saying if a tenant, see, in the past tenants have been evicted if they file complaints. I know that for a fact. They have been evicted. So sometimes they come to a person like me for help. But I can't talk either. So, they can't talk, I can't talk, if so I don't understand why could you have a situation like that. Mr. Savage: Why could they not come to this office? Ms. Cherry: What did I just say? Because they get evicted. Mr. Savage: So they have a legitimate complaint and they have a representative like yourself and they get evicted and you mean there are no civil repercussions behind that? Ms. Cherry: Let me give you an example. There's a person who lives over here, and she knows who it is, and there was mold everywhere, everywhere. He ask me to come and tell the Housing Authority that the mold was there. I did and it was Denny Head and he said ok. It was about a month had passed and nobody had came and so I told him to go file a complaint with the Legal Aide. Which he did. He got retaliated against. He got a letter accusing him of all kinds of stuff. Ya know, threatening eviction. And I got on top with the letter. It should not be that way. And that's how it has been in the past. So, I mean if tenants can't complain and nobody else but the Legal Aide can complain cause they got no choice but to accept they complaint but Legal Aide can't take all problems or handle all complaints and they should be able to come to the Housing Authority and be treated with respect and be able to complain. Mrs. Ruthart: And I would like that. Mr. Dangerfield: On the same token with this open act meeting, come and ask the director. The letter was posted almost a week ahead of time before the meeting even came up for people to ask questions. This lady sat there, she took down everything, if you had some kind of complaint, and if you need something worked on she put it out there. She said 12 people; I looked at 10 that showed up. Out of every person out here everywhere but no one showed up. She asked for them to come out if they had anything to say and put it on the table. She has only been doing this a good two weeks but she trying and you can see she trying. If people don't come out and participate what can you do. Ms. Cherry: Well first she have to gain their trust because like she's been here for years and things have gone on you know I know you weren't the top person but they're not going to all... Mr. Dangerfield: We are back to the same thing. Ms. Cherry: Come on now. They are not going to automatically know that we can trust her. You're going to have to gain their trust. Mrs. Ruthart: Right, and I'm trying. Mr. Savage: I'm going to have to stop this because it's branching off on from the item — the discussion of concerns regarding the promotions — and we are digressing from that. I think we all came to the consensus on allowing us to find more information and come back to the board with more information one way or the other. Because like you said we need transparency and there is only one right way. So it shouldn't be a problem. So I'm going to say that we just do that and end this because it can keep going on and on. Are there any more questions concerning this? No further business or questions, a motion for adjournment from Dewayne Dangerfield and seconded by Rachel Braswell. Motion passed 5 -0. The meeting was adjourned at 1:33 pm. APPROVED THIS day of 32015 Sally Ruthart, Secretary Gary Savage, Chairman 10