§ 426.40. Board of commissioners.

The powers of the MIHA shall be vested in the commissioners in office at any time. The appointment, reappointment and tenure of commissioners shall be as provided by this section.

(1)

Membership of board. The board of commissioners of the MIHA shall be composed of five (5) commissioners.

(2)

Appointment. Two (2) commissioners shall be appointed by the mayor, subject to approval by the city council. At least one of the mayor's appointees shall be a member of, or shall be qualified for membership in, a federally recognized Indian tribe. Two (2) commissioners shall be appointed by the Little Earth Residents' Association, Inc. Both of the residents' association's appointees must be residents of the Little Earth Project at the time of their appointment and for the duration of their terms. One commissioner shall be selected by the property manager for the Little Earth Project. All appointments shall be effective upon the filing of a certified copy of the action of the appointing authority with the city clerk in a form acceptable to the city clerk. The appointing authority shall designate the term of office of each appointee in accordance with paragraph (3) of this section.

(3)

Terms. The initial terms of the mayor's appointments shall be as follows: One shall expire December 31, 1991, and one shall expire December 31, 1992. The initial terms of the residents' association's appointments shall be as follows: One shall expire December 31, 1991, and one shall expire December 31, 1992. Thereafter, commissioners appointed by the mayor or the residents' association shall be appointed for a term of two (2) years expiring December 31 of the appropriate year. The term of the property manager's appointment shall be perpetual, except that it shall terminate immediately upon the termination of the property manager as the managing company or entity for the Little Earth Project and subject to the provisions of paragraph (5) of this section.

(4)

Vacancies in unexpired terms. Each vacancy in an unexpired term shall be filled in the same manner in which the original appointment was made and shall be for the balance of the unexpired term. Commissioners shall serve in their positions until their successors are appointed. If at any time an appointee of the residents' association discontinues residence at the Little Earth Project, a vacancy shall be deemed to have occurred with respect to such appointee. If at any time the property manager is terminated, a vacancy shall be deemed to have occurred with respect to the property manager's appointee.

(5)

Removal from office. The property manager may at any time and for any reason remove its appointee by giving written notice of removal to such appointee. The property manager may appoint a new commissioner by filing a copy of the written notice of removal with the city clerk along with a new certificate of appointment pursuant to paragraph (2) of this section. A commissioner appointed for a specific term to the MIHA may be removed by the respective appointing authority for inefficiency, neglect of duty, or misconduct in office. Such a commissioner shall be removed only after a hearing by the appointing authority and after the commissioner shall have been given a copy of the charges at least ten (10) days prior to the hearing and shall have had an opportunity to be heard in person or by counsel. When charges in writing have been preferred against a commissioner, pending final action thereon, the appointing authority may temporarily suspend the commissioner. If it is found that those charges have not been substantiated, the commissioner shall immediately be reinstated to office. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the city clerk.

(6)

Compensation of commissioners. Commissioners shall receive no per diem, salary or other compensation for serving on the MIHA.

(7)

First meeting of the board. The first meeting of the board of commissioners shall occur after the appointment of all five (5) commissioners. The mayor shall designate one of the mayor's appointees to call and convene the first meeting. (90-Or-259, § 1, 10-26-90)