ETHICS AND THE PHA

KEEP ME OUT OF TROUBLE !!!AN INTRODUCTION

THIS YEAR’S THEME

• TOO MANY EXECUTIVE DIRECTORS THINK THEY OWN THE HOUSING AUTHORITY.

• TOO MANY BOARDS THINK THEY RUN THE HOUSING AUTHORITY.

GOAL FOR PRESENTATION

• HAVE A GOOD BEGINNING AND A GOOD ENDING.

• HAVE THEM AS CLOSE AS POSSIBLE

GEORGE BURNS

OFFICIAL PUBLICATIONS

• THE ANNUAL CONTRIBUTION CONTRACT

• THE HUD ETHICS MANUAL

THE LEGAL BASIS

• ANNUAL CONTRIBUTIONS CONTRACT

• FIDUCIARY ISSUES

ACC OVERVIEW

• WHAT’S REQUIRED• WHERE ARE PROBLEMS

ETHICAL ISSUES:CONFLICT OF INTEREST, ETC.

CONFLICTS OF INTEREST

• IN ACC AND REPUBLISHED

• ETHICS MANUAL FOR PHA’S

• VOTING

• MINUTES ADOPTED !!

WHAT CONTROLS?

• FEDERAL LAW• REGULATIONS• STATE LAW• HANDBOOKS• CONTRACTS• ATTORNEY GENERAL OPINIONS

THE ISSUE DEFINED

• FOLLOW THE MONEY– PROCUREMENT– OWNERSHIP– APPEARANCE OF IMPROPRIETY– CONTRACTS TO FRIENDS– “WE CAN ALL EAT STEAKS INSTEAD OF

HAMBURGERS”

THE RULES

• PUBLIC HOUSING– APPLIES TO PRESENT OR FORMER MEMBERS OF

PHA GOVERNING BODY– ANY EMPLOYEE WHO FORMULATES POLICY– NEPOTISM– DISCLOSURE– WAIVERS

MORE EXAMPLES

• CONTROLLING EXPENDITURES– DESIGNATED BANK, BANKER, FUNDS– DESIGNATED PROGRAMS– HIRING COMMISSIONER SPOUSE AT PHA

WAIVER FORMS

• INCLUDED IN WAIVER• GET WAIVER FIRST• IN WRITING: SEE DEFINITIONS• LOCAL, REGIONAL, NATIONAL?

WHEN A PROBLEM DEVELOPS

• NOTIFY ALL IN THE CHAIN• GET ADVICE OF ATTORNEY• NOTIFY HUD?• INSURANCE CARRIER?• DEALING WITH THE MEDIA• FIXING THE PROBLEM

AUDITS

• INSIST ON GOOD AUDIT• DO I KNOW HOW TO READ THE AUDIT?• DEVELOP FINANCE/AUDIT COMMITTEE• REPORT ANY POSSIBLE PROBLEM• IF FOUND – REPORT IT, DON’T BE CAUGHT

SEASONED VETERANS

• INTERACTION WITH NEW COMMISSIONERS

• EDUCATION/TRAINING WITH NEW COMMISSIONERS

• GUIDANCE ON ETHICAL, EXPECTATIONS, VOTING, ETC.

COMMISSIONER RETREATS

• SCHEDULE RETREAT• LET THE STAFF BE INVOLVED• PLAN, SET GOALS• EVALUATION OF BOARD• EVALUATION OF DIRECTOR

CONCLUSION

• GENERAL RULES– AVOID APPEARANCE OF IMPROPRIETY– FOLLOW THE RULES: ALL OF THEM– ASK BEFORE ACTING– DISCLOSE ANY POSSIBLE ISSUES– TAKE ADVICE GIVEN– WATCH WHAT YOU ARE DOING!!

MANAGING

• MANAGING IS GETTING PAID FOR HOME RUNS SOMEONE ELSE HITS.

– CASEY STENGEL